~ Earl Bradley
My heart lurched because the headline read:
Defense challenges key evidence – Lawyers say illegal search led to discovery of damaging files
State police spent two days searching Dr. Earl Bradley’s office complex and recovered video recordings of Bradley abusing or raping some of his young patients.
Bradley pleaded not guilty to 471 felony counts back in March of this year. He is charged with raping or abusing more than 100 children over 10 years.
Now his defense attorneys have claimed in court all evidence seized from his office building and two outbuildings last December should be thrown out because the building in which video recordings were found was not covered by the search warrant.
Attorneys Stephanie Tsantes, Dean Johnson and Robert Goff say the executed search warrant only covered the office building and a “white” outbuilding. The damning videos were found in a “checkerboard building”, not included in the search warrant.
Bradley’s only hope to avoid being found guilty is getting those highly incriminating videos thrown out and kept away from the jury.
The challenge also alleges the police illegally searched Bradley’s computers, there was no authorization to open video files and the search and seizure of paper and computer files was only for materials relating to eight specific patients.
It was the video found in the “checkerboard building” that provided the cause for a new search warrant and expansion of the investigation.
Thomas J. Reed, a professor at Widener University School of Law said he knew of no defects in the warrant and believes police were thorough in their documentation. He expressed doubt as to the defense being able to win the motion and the evidence will make its way to a jury.
“So it doesn’t appear there will be any issue of guilt or innocence if you are going to show pictures of the accused committing the acts with young children. There’s little hope of showing a jury it was an accident or a mistake or misinterpretation of a standard exam.”
The Attorney General’s office has to respond to the motion before Superior Court Judge William Carpenter will rule on it.
Bradley’s trial is scheduled for February 2011 and by that time it’s a pretty good bet the defense will have reverted back to the insanity theory.