DRUG SUSPECT TO BE TRIED IN ABSENTIA

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: TUESDAY, January 28, 1992                   TAG: 9201280365
SECTION: VIRGINIA                    PAGE: B-3   EDITION: METRO 
SOURCE: VICTORIA RATCLIFF STAFF WRITER
DATELINE:                                 LENGTH: Medium
DRUG SUSPECT TO BE TRIED IN ABSENTIA
A federal court judge ruled Monday that prosecutors could try in his absence an accused Roanoke cocaine dealer who did not show up for a jury trial.
Assistant U.S. Attorney Steve Baer said that to his knowledge, Donnie Bundick is the first person to be tried in absentia in the Western District of Virginia.
Bundick failed to show up for trial in November on charges stemming from an alleged conspiracy to channel cocaine to Roanoke through two Jamaican nationals.
Bundick was to be tried in U.S. District Court in Roanoke in November with his brother, James Everette Bundick; Marcia Ann Senior; and Daphine Parris. Parris has since pleaded guilty.
Donnie Bundick had phoned the clerk's office at 10 a.m. the day of his trial to notify authorities that he was running late but was on his way, his attorney, Sam Darby said then. The trial was scheduled to begin at 9:30.
"I thought to myself later that Donnie didn't say where he was on his way to," Darby said. "It was not a question of him not knowing the trial was scheduled."
Monday, Baer argued that there was case law to show that had Bundick waived his right to be present at trial by absenting himself voluntarily.
Darby, who was court-appointed to the case, objected, saying he could not properly defend his client without his being present.
U.S. District Judge James Turk ruled, however, that the case against both Bundicks and Senior could proceed.
The Bundicks, Senior and Parris were indicted with a fifth person - a fugitive - in September on charges of distributing crack cocaine from April to July.
The government alleges that Senior and the fugitive, who are from Jamaica, came to Roanoke from the Washington, D.C., area and distributed drugs with the help of the Bundicks and Parris.
An indictment alleged that Senior began living with the Bundicks in April. Senior would come to Roanoke once a week, usually on a Tuesday or Wednesday, to distribute crack. She would leave every Sunday to obtain more crack, the indictment alleged.
From April 30 to May 26, Senior gave Donnie Bundick drug proceeds and crack in exchange for housing at Bundick's Lafayette Boulevard home in Northwest Roanoke. For four weeks, they sold crack, the indictment alleged. From May 25 to July 25, Donnie and James Bundick distributed crack, the indictment charged.
In late May, Senior and the fugitive moved temporarily to a house several addresses down from the Bundicks'. For three days, the indictment alleges, they sold crack from the home.
On May 28 and 30, Parris enticed drug purchasers to the home where Senior and the fugitive had moved and was receiving money from crack transactions, the indictment alleged. Parris pleaded guilty to her role in the conspiracy.
The trial is scheduled to last three days.

by Archana Subramaniam by CNB