Lawyers for Wakefield man accused of raping children want key evidence thrown out

WAKEFIELD, Mass. (MyFoxBoston.com) -- A man accused of abusing several children who were in the care of his wife at an illegal Wakefield daycare appeared in court Friday.

John Burbine's legal team attempted to have some key evidence in the case thrown out before his December trial.

Police searched Burbine's home last September as they investigated his wife's business, the Waterfall Education Center. During that search, investigators claim they found photos and videos of Burbine sexually abusing children from the daycare.

Burbine's attorneys are arguing evidence found on the computers should be thrown out, saying police did not have probable cause to search their client's home when investigating the daycare. If it is thrown out, the state would have very little evidence against Burbine. An expert says there may be some testimony from children, but their testimony is questionable.

A digital evidence investigator for the state tells FOX 25 she believes the stack of evidence on Burbine's computer would be about 32 miles high if printed out.

Burbine faces over 100 counts for allegedly abusing children whose ages range from eight days three and a half years old.

Cox Media Group