There were vastly different stories offered today in the
small and toasty Amity town courtroom in the trial of Kenneth Basile, which
lasted 3 hours and 51 minutes. The prosecution called five witnesses to the
stand. The defense offered just a single witness, the defendant himself. Basile,
of Wellsville, is a former veteran New York State Department of Environmental
Conservation officer who was arrested last year. Basile was arrested by State
Police Investigators last October and charged with official misconduct and
obstructing governmental administration. The charges stem from an investigation
that involved drug cases in 2014 and 2015 in Allegany County. The case largely
involved alleged drug activity at the home of Michael Hasert of Stuck Hill Road
in Ward and companion David McQueen. Basile is accused of being at the State
Police barracks in Amity, seeing Hasert was in custody and allegedly alerted
other drug runners about the news.
At the conclusion of testimony and closing arguments, Amity
Town Justice Steven Presutti ‘reserved decision’ on a verdict, stating that he
needed to review the documents that were entered into evidence. The judge said “I’m
hoping this (the decision) will be relatively soon.”
Opening statements:
Assistant District Attorney Mike Finn said Basile was a public
servant who intended to benefit himself with illegal narcotics and allegedly
alerted criminal defendants to police operations that may impact them.
Defense attorney Tim Rosell of Hornell said Basile did not
benefit from any action and no witnesses will testify or provide direct
knowledge of crimes.
Prosecution witness #1:
NYS DEC Captain Frank Lauricella of Region 9, a 29-year DEC
veteran testified that he supervised Basile. The Captain spoke about the Code
of Conduct regarding officers, at which time Rosell promptly objected. Finn
said “it goes to public integrity and credibility.” The judge allowed the
testimony. Lauricella said Basile never sought permission to release
information or to associate with known criminals. At that point he announced
that the Southern Tier Regional Drug Task Force had asked that Basile be ‘kept
out of the loop’ regarding any drug investigations and searches from October
2014 to March 2015.
Prosecution witness #2:
Detective Cory Higgins of the Cattaraugus County Sheriff’s
Office assigned to the DEA in Buffalo said he managed a search warrant at the
Hasert home. He said pot was found after an initial meth investigation. He said
he never met Basile.
Prosecution witness #3:
State Police Investigator Scott Cicirello spent a lengthy
time on the stand. He was initially brought into the case, he testified, by the
DEA. Cicirello said he knew Basile for about two decades. The Investigator said
he met with Basile at Island Park in Wellsville and told him he was implicated
in a drug investigation. Basile was told his words were caught on about 18
hours of wire taps. Cicirello, who was forced by the judge, admitted that
Lionel “Skip” Carter was an informant and provide information to include
Carters statements that Basile used drugs. Following that interview, Cicerello
said he made thorough notes of the interview which were eventually used to make
the arrest.
Prosecution witness #4:
Lionel “Skip” Carter of Wellsville, who will be sentenced
month to prison on federal drug charges, testified that he saw Basile give
money to Hasert in exchange for pills for his admitted drug addict girlfriend.
He also testified that Hasert gave marijuana to Basile. “Cash was exchanged,” Carter
said. The defense lawyer pounced and stated that Carter was originally facing
40 years on federal drug counts, but is being offered a much more favorable
recommendation. He also said the Carter was “required” to provide court
testimony.
Prosecution witness #5:
Patrick Danielwicz, dressed in an orange jail jumpsuit,
handcuffed, and escorted by two sheriff’s deputies, testified next. He said
after Haserts arrest, Basile contacted him to reach to find David McQueen to
alert him of trouble. Danielwicz admitted he was involved in drug activity with
Hasert and (David) McQueen. He testified
that Basile was known as the “eye in the sky,” referring to his participation
in helicopter surveillance for marijuana growing operations. The witness
testified that Basile would “misdirect” operations away from associates.
Shortly after Hasert was arrested, he said, based on intel from Basile, he and
McQueen fled to Texas. Danielwicz also testified that he received a favorable federal
deal for his cooperation.
The prosecution rested at 1:41 p.m.
Defense Witness #1: Kenneth Basile
Kenneth Basile took the stand in his own defense. He said
after being separated from the DEC, he began working for H.I.S in Greenwood,
which does landscape and other restoration work. His testimony was passionate,
with plenty of hand gestures and loads of eye contact.
Attorney Rosell got right at it. Regarding Basiles
appearance at the Amity state police barracks at the same time Hasert was
arrested, Rosell asked what Basile learned. “I learned Hasert was arrested for
drugs and guns.” (Investigator) Jack Migliore confirmed that. He added, “I had no clue until I saw him
(Hasert) sitting on that bench…chained to the wall.” Basile said he stopped by
the barracks only to make copies. Basile contradicted testimony offered by
several witnesses. He said he met Hasard five of six times and was only at his
house once. He admitted however, that his girlfriend ‘snorted’ drugs that day.
As far as helicopter operations searching for marijuana, Basile said he had
only done it “once in my career.” Basile then testified that he never had
knowledge of drug sweeps. “Walt Macknie (of the drug task force) directs the
whole crew.” Basile said he never told anyone about drug sweep operations…never
told any suspects to flee the area…never purchased drugs…and was unaware that
he had been blacklisted from sensitive drug operational details. He said “they
purposely disincluded me from everything.”
The testimony then shifted to the girlfriend of Basile. He
admitted that he discovered she was an opioid addict. He also admitted that he
did “recreational” cocaine, pot and took a pain pill or two. “Me bad,” he said.
As for his girlfriend, he said “what am I supposed to do, arrest my girlfriend?
Basile also admitted that there “were occasions when I used marijuana,” but
said he never did drugs ‘on the job.’ Rosell asked Basile why he admitted to
drug use and responded “I tell the truth.” Basile also called the prosecution witness "liars" and disputed testimony from several including Investigator Cicirello, Skip Carter and Danielwicz.
ADA Finn acknowledged that Basile had received awards from the state and communities, but said “he was a good public servant,” for a time.
ADA Finn acknowledged that Basile had received awards from the state and communities, but said “he was a good public servant,” for a time.
After court was adjourned, Basile’s girlfriend became visibly
upset with Wellsville Daily Reporter Brian Quinn, who stood outside the courtroom
to snap a picture of Basile exiting. She said, “you can’t do that…that’s
bullshit…you can’t.” Basile responded, “they’re the press…yes they can.”
