3,926 Votes to Count in 89th Assembly Race. Castelli Leads Roach by 111

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WPCNR CAMPAIGN 2010. Special to WPCNR from Guy Parisi of the Castelli for Assembly Campaign. November 17, 2010 (Edited) UPDATED 10:30 P.M. E.S.T. :


The Castelli campaign advised WPCNR that double the number of  votes originally estimated by Bob Castelli two weeks ago remain to be tabulated in the dead heat between White Plains Councilman Tom Roach and incumbent Assemblyman (for the last eight months) Mr. Castelli.


Mr. Castelli estimted to WPCNR two days after election day that perhaps 2,000 votes remaind to be counted. The number determined by the Westchester County Board of Elections turns out to be  3, 926.


Counting of votes, held up for two weeks, due to a restraining order impounding the machines obtained by James Maisano, a Republican supreme court contestant, who was behind in his race by 6,000 votes at the time, was resumed today at the Board of Elections in White Plains after the Board obtained a lifting of the restraining order by Judge Lester Adler.


Guy Parisi of the Castelli campaign reported the results so far in Wednesday’s counting to WPCNR. Here is the breakdown of votes:


“Today, the ballots cast into handicapped accessible machines in the 89th Assembly District were read electronically.

According to preliminary results from the Westchester County Board of Elections, out of 951 Plan B ballots cast, Robert Castelli received 495 votes to 456 for Thomas Roach, which brings Castelli’s overall lead to +111 votes out of some 38,774 votes cast.

The next step will be to count emergency ballots, on Friday, November 19th. There are 1,342 emergency ballots in the 89th Assembly District.


Absentee and affidavit ballots are set to be counted on Tuesday, November 23rd. Thus far, 2,082 absentee ballots were returned to the Westchester County Board of Elections. There are 502 affidavit ballots in the 89th Assembly District.
 
On Wednesday, November 24th, the Westchester County Board of Elections will begin a process known as the 3% audit, a hand count which will randomly recanvass 3% of the 1,033 voting machines in Westchester County.


More Potential for Delay


On Monday, November 22nd, Justice Adler will hear an application by State Senate Candidate Mike Kaplowitz which may delay counting ballots in the 40th Senate District, which overlaps parts of the 89th Assembly District. If this motion is upheld, the schedule may change. If the motion is denied, absentee and affidavit ballots are set to be counted on Tuesday, November 23rd.


Both absentee and affidavit ballots are subject to legal challenges and may be set aside for review by Justice Adler if requested by the attorneys for each of the candidates involved in the legal proceedings. The deadline for military and overseas ballots to be returned is also November 23rd.


On Wednesday, November 24th, the Westchester County Board of Elections will begin a process known as the 3% audit, a hand count which will randomly recanvass 3% of the voting machines in Westchester County.


Castelli said he was cautiously optimistic that based on both a geographic and party registration breakdown of what remained to be counted, that he would prevail when all of the ballots were counted.

“While I’m eager to count these ballots as quickly and as expeditiously as possible, I think what’s most important at the end of the day is that no individual is disenfranchised,” he noted.


 




 

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Voting Machines Freed.Count to Resume this P.M. in Roach-Castelli, Opp-Cohen

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WPCNR CAMPAIGN 2010. By John F. Bailey. November 17, 2010: 


Judge Lester Adler of New York Supreme Court today lifted the temporary restraining order impounding the county voting machines for the last two weeks, preventing the counting of emegency ballots, absentee ballots, and affidavitt ballots, Senator Suzi Oppenheimer’s lawyer, Henry Berger told WPCNR this afternoon at the Westchester County Courthouse.


Reginald LaFayette, Co-Commissioner of the Westchester County Board of Elections told WPCNR in the courthouse today “no votes have been counted this week” due to the impounding, (filed by candidate for judge, James Maisano). LaFayette said he expected counts to begin Wednesday afternoon.


Berger, Senator Oppenheimer’s lawyer told WPCNR, his client led opponenet Robert Cohen by 500-plus votes with 9,000 votes to be counted across the State Senate District 37. White Plains Common Council President Tom Roach trailed incumbent-for-eight-months Robert Castelli for the 89th Assembly seat by 70 votes.


Berger said counts would be conducted at the Board of Elections under the eye of witnesses. He said he expected 4,000 of the 9,000 votes to be counted to be processed by Friday.

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Judge Denies Defense Putting Counselors on Stand.Rejects Recall of Mrs. Bradley

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November 17,2010:


 


After a twenty-five minute Offer of Proof from Adam Bradley’s defense attorney, Luis Penichet this morning,  Judge Susan Capeci reaffirmed her earlier ruling that bringing in Mr. and Mrs. Bradley’s marital counselors to testify in the Mayor’s alleged domestic violence trial was “irrelevant.”


 


Judge Capeci also brought up the matter of recalling Fumiko Bradley to testify after she ruled out the counselors’ testifying.


 


 Penichet made a brief argument that he would address Mrs. Bradley on four questions he was going to ask the counselors about. Among them were whether or not Mrs. Bradley discussed domestic violence with the counselors.


 


Audrey Stone for the prosecution argued  Penichet had opportunity to ask such questions  previously on cross-examination of Mrs. Bradley. 


 


The Judge in addition ruled that witnesses who would have testified on whether key incidents in Mrs. Bradley’s previous testimony happened that way would not be allowed to testify, dismissing Mr. Penichet’s contention they were admissable because they would testify to the “state of mind, motive, and bias” of Mrs. Bradley.


 


In the only testimony of the day, an administrator  of the White Plains Kodomono Kuni School, testified Mrs. Bradley had a reputaton for lack of veracity durng the time Mrs. Bradley was employed there in 1999. 




Judge Capeci disposed of the recall of Mrs. Bradley, saying she would not allow Mrs. Bradley to return to the stand “for the purpose of impeaching the witness.”


 


Mr. Penichet argued why at this point in the trial, he and his client feel testimony of counselors is relevant.  Penichet said he wanted to prove through counselors’ testimonies that Mrs. Bradley had not discussed or brought up domestic violence incidents between the couple with the counselors.


 


Penichet revealed he expected one counselor would confirm Adam Bradley’s recounting  to Mr. Penichet of a counselor session with both Mr. Bradley, and Mrs.Bradley, were present. At that session, Penichet recounted, Fumiko Bradley allegedly  had a screaming incident similar to the 5 to 7 minute alleged shouting sequence described Wednesday by Michael Passarella and Marc Strongwater for the defense. Penichet said that alleged  shouting sequence in question lasted for the better part of an hour in front of the counselor.


 


Penichet said the prosecution had “opened the door” for this testimony by their re-direct questioning of Mrs. Bradley where she answered questions on the subject matter of whether she discussed domestic violence.


 


Amy Puerto for the prosecution argued again her rebuttal Wednesday that Mr. Penichet had not established any relevance of the testimony the counselors could provide to the  incident of February 28. “no specific reason why any of this information, motive, bias, state of mind (relates to the incident of February 28). He uses it as a blanket.”


 


After her decision to rule out counselor testimony, Judge Capeci brought up the recalling of Fumiko Bradley to the stand, and ruled against recalling Mrs. Bradley


 


Earlier this morning, Akiko Yamanaka, was called as witness for the defense. She is an assistant administrator  at Kodomono Kuni School  in White Plains.


 


Audrey Stone was given 30 minutes to query Ms. Yamanaka before the witness gave her testimony. This was allowed by the judge because Yamanaka  was a last-minute replacement for the Kodomono Kuni administrator who is presently in Japan and will be back Monday to testify possibly.   


 


Yamanaka  testified she had known Fumiko Bradley in 1999 when Mrs.Bradley was employed by the school.  Ms. Yamanaka said she attended a meeting in which the subject of Fumiko Bradley came up. Penichet asked if discussion of Fumiko Bradley’s reputation for veracity and to tell the truth came up. Yamanaka said “Yes.” Penichet asked what Mrs. Bradley’s reputation for veracity was in the school was, and Yanamoke said, “Not good,” and added “she made up stories.”  


 


Mr. Penichet asked one final question of Yamanaka, “Do you believe what she said under oath?” Yamanaka said, “No.”


 


Prosecutor Audrey Stone in her cross-examination, brought out that when she (Stone) met with Ms. Yamanaka just prior to testifying, Yamanaka had explained she attended only one administrator meeting where the matter of Mrs. Bradley’s behavior was discussed. That occured in June 1999, one month before Mrs. Bradley left the school.  Yamanaka agreed on the stand that the matter that came up involved a male teacher. Details of that matter were not explored in the official testimony by Ms. Stone.


 


At the beginning of the proceedings, the judge refused to allow Mr.Penichet to call witnesses who would have testified, (Mr. Penichet said)  that Mrs. Bradley showed off the Madagascar cockroach (after her daughter acquired the insect) to a neighbor (presumably disproving that Mrs. Bradley was afraid of cockroaches); another witness who would have testified, Penichet said,  that the alleged incident where Mrs. Bradley chased Mr. Bradley to his car did not take place immediately after Mr. Bradley had been accused of placing the cage containing the cockroach against her cheek; a third account where Mr. and Mrs. Bradley’s children spoke about their parents’ behavior.


 


In the last minutes of this morning’s session, prosecutor Audrey Stone said she planed to call John DiBlasi, friend of Alexandra Hofgaertner, to testify to Ms. Hofgaertner’s concern about damage to her (Hofgaertnr’s) reputation in the community (after Ms. Hofgaertner leaked e-mails beween her and Fumiko Bradley to Fox News.


 


After the close of court. Mr. Penichet told WPCNR he expected the trial to last until Monday with the District Attorney calling other character witnesses to the stand. He said he also expected to bring more character witnesses.



 


The trial resumes Thursday morning.

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“I lied to the police,” Fumiko Bradley to Neighbor. Tells Stories? Yes.

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WPCNRWHITE PLAINS LAW JOURNAL. By John F. Bailey. November 16, 2010:


 


 A neighbor of Fumiko Bradley’s testified this afternoon at Adam Bradley’s trial on domestic abuse,  that Mrs. Bradley told her in September–


 


 “I lied to the police, and to the 5 or 6 police officers. She laughed saying when she gets nervous she loses her English and her Japanese kicks in and understood every word  that they showed her.”


 


The testimony was the most suprising development of the afternoon session of Day 5 of Mayor Adam Bradley’s trial


 





Amy Tiihonen of  12 Dellwood Road, told the court  Mrs. Bradley made this statement  September 29 about six weeks ago socially at a playdate with Mrs. Bradley and a mutual friend, Bonnie Hagan.


 


Defense Attorney Luis Penichet tried to ask the question if Mrs. Bradley has a reputation.


Tiihonen said, “she lies.” Penichet asked how? Tiihonen said “She tells one neighbor one story and changes it for the next neighbor.” When the prosecution objected and the objection was sustained by Judge Capeci, Penichet rephrased asking, does she (Fumiko Bradley tell stories. Tiihonen said  “Yes.” 


 


On cross examination, prosecutor Audrey Stone brought out that Tiihonen was a friend of the Bradley family. Stone asked if Tiihonen had told the (White Plains) police about Mrs. Bradley’s alleged admission, and Tiihonen said “Yes.” Stone asked if Tiihonen had told the District Attorney’s office investigators, and she said “No.”


 


That Tiihonen was allowed to testify at all surprised this reporter. Judge Capeci upheld prosecuter Stone’s objection when Mr. Penichet attempted to call Bonnie Hagen to the stand to testify to three occasions when Penichet said Fumiko Bradley warned Ms. Hagen not to testify.


 


That argument again revolved around allowing hearsay to be allowed into the record to demonstrate “hostility” to the witness. Though Mr. Penichet introduced  a Court of Appeals decision upholding such evidence (of hostility)  to be allowed in, Judge Capeci decided she would not allow Ms. Hagan’s testimony to that effect. Stone argued that Mr. Penichet had not established a “foundation” for allowing this Hagan testimony  in. Penichet maintained that Mrs. Bradley’s appearing inconsistencies were the foundation.


 


Again Mr. Penichet wanted it placed in the record that he was not allowed to pursue this line of questioning with Ms. Hagan.


 


As testimony ended at 4:15 P.M., Penichet told the court he may be calling a person who could speak to the matter showing that Mrs. Bradley’s protest over the Madagascar cockroach being places against her cheek, did not precipitate her chasing Mr. Bradley to his car as Mrs. Bradley has previously testified.


 


It was about the twelth time (estimated) that Penichet struggled to bring in testimony under the legal manual,  Richardson On Evidence  guidelines on allowing hearsay.


Penichet stipulated  the witness would  confirm the Fumiko Bradley chasing Mr. Bradley to his car  incident occurred “a year earlier,” and not when the cockroach was brought to the Bradley home.


 


In other testimony today, Mark Strongwater, a contractor present at the Saturday lunch meeting the day before the alleged finger-slam-in-the-door incident for which Mr. Bradley is on trial, was allowed to answer what an earlier witness, Mike Passarella, was not allowed by the Judge to answer.


 


Strongwater was asked by Penichet, what Mrs. Bradley said during her 5 to 7 minute shouting sequence directed at her husband.


 


Judge Capeci overruled prosecutor Stone’s objection, allowing Strongwater to answer the question. He said: “I recall her yelling Adam can’t do anything right and she hates him.”


Penichet asked if Adam Bradley responded, Strongwater said “No.” Did Mr. Bradley argue with Mrs. Bradley (during the shouting). Strongwater said “No.”


 


Penichet asked Strongwater, “Did you hear Fumiko say “Why do you say that in front of the kids?” (as Mrs. Bradley had testified previously.) Strongwater said “No. (Bradley did not say that).” Strongwater corroborated  Mr.Passarella’s testimony to that effect from this morning.


 


Penichet asked if he saw Fumiko cry? Strongwater said “No.”


 


On cross-examination, prosecutor Stone established that Strongwater refused to talk with Westchester County police investigators on April 2, the day when Mr. Bradley was arrested for violating a restraining order and was charged with contempt, Witness Tampering and Harassment. 


 


According to Strongwater, the investigators came on to his property and did not comport themselves in a courteous manner.  Strongwater told the Westchester County Police investigators to leave his property on the advice of the Wilton Connecticut police. Penichet suggested that the Westchester police were looking for the au pair on that day.


 


In an interview with WPCNR after court adjourned at 4:15, WPCNR asked Mr. Penichet if the public conferences on the admissibility of witness testimony  revolving around hearsay admissibility were considered part of the record. I asked if the judge could consider what Mr. Penichet said in those conferences and what Ms. Stone said in coming to her  decision.


 


Penichet said, “In a bench trial, the judge has two roles – to sit as the gatekeeper of evidence and the truth of facts.”


 


WPCNR asked if that meant the judge could weigh what Mr. Penichet had said in his at least a dozen (by WPCNR count) “offer of proof” explanations in reaching a decision, were they “on the record,” and fair game for the judge to consider (as to Ms. Bradley’s credibility.


 


 (When prosecutors Audrey Stone and Amy Puerto challenged admitting testimony they dismissed as hearsay and not relevant and Penichet explained the direction he expected the witness about to be called would be queried on, Penichet was challenged numerous times by prosecutors Stone and Puerto. )


 


Penichet said “Yes. Every time Ms. Stone asked for an offer of proof, it’s up to the judge to listen to the offer of proof and admission.”


 


Asked by WPCNR if he would call Bonnie Hagan to the stand after being denied admitting her testimony  on alleged witness intimidation today, Penichet said the judge had indicated she (Judge Capeci) was not going to allow Hagan  because what she was going to testify would just validate Tiihonen’s testimony.


 


Asked if he was disappointed that Detective Robbins was not allowed to answer the question on whether Fumiko Bradley had ever told him in his investigation interview if she had had her hand slammed in the door twice, Penichet said he planned to call Robbins and other police officers to ask other questions tomorrow. He said he felt it had been established on Mrs. Bradley’s testimony she had not told the police investigating she had had the door slammed twice.


 


The trial resumes at 9:30 A.M. Wednesday morning.

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Dismissal Asked on Tea Charge. Det. Not Allowed Answer. Witness: Crazy Not Said

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November 16, 2010:


 Mayor Adam Bradley’s trial of charges of domestic violence  at the Westchester County Courthouse is currently in recess, scheduled to resume at 2:30 P.M.


The action so far:


At 10:40 this morning, Defense Attorney Luis Penichet opened the case for the defense of Mr. Bradley calling Detective Robbins of the White Plains Police Department to the stand. After brief questions about the pictures of the stairs in the Bradley household and the door where the alleged slamming of Mrs. Bradley’s three middle fingers of her left hand happened, Penichet asked at any time during Detective Robbins investigatory interview did Mrs. Bradley indicate the door was slammed on her hand twice.


Prosecutor Audrey Stone objected. She argued that unless the detective “confronted” Mrs. Bradley with the question in the investigative interview,  the question should not be asked, saying Penichet could have asked Fumiko Bradley that question directly in cross examination. Stone cited a civil case supporting her interpretation. Judge Susan Capeci took a recess at 11:00 to consider the decision. At 11:15, court resumed with Judge Capeci sustaining Ms. Stone’s objection.


Call for Dismissal of One Charge


At that point, Mr. Penichet said he had no further questions for Detective Robbins and asked the Judge to dismiss the January 11 assault charge against Mr. Bradley for allegedly  throwing tea at Mrs. Bradley. The Judge said she would take fifteen minutes to consider it. 


Penichet asked for dismissal on the grounds that the plaintiff, Mrs. Bradley had felt testified she felt bad about the incident and had demonstrated inconsistency in her testimony. The prosecutor argued the charge should not be dismissed because part of the charge definition was to inflict bodily harm. Judge Capeci took a 15-minute break and announced she was reserving decision on the dismissal request.


Penichet called his next witness, Mike Passarella, a contractor and previously an employee of White Plains in administering a housing rehabilitation program.


Penichet lead Mr. Passarella back to the Saturday before the alleged door slam incident. The key portion of the testimony, found Mr. Passarella describing what happened when he came upstairs from the basement after examining water damage to sheet rock in the Bradley basement, from a roof leak.


Passarella said, noting that Mike Strongwater, Mr. Bradley, Mrs. Bradley and the two Bradley children were around the (dining) table:


“She  (Fumiko Bradley) approached me and started screaming hysterically and pointed to Adam (Bradley). She was pointing at Adam and screaming and walking back and forth.” Asked the color of Mrs. Bradley’s face, Passarella said, “Red.”


Penichet asked if Mrs. Bradley and Adam Bradley gotten into an argument. Passarella said “No.”


Penichet asked how long Mrs. Bradley was shouting. Passarella said, “5 to 7 minutes.”


Then Penichet asked if Mr. Bradley told Mr. Strongwater (at the table in front of the agitated Mrs. Bradley) that “Fumiko was crazy.”


Amy Puerto of the prosecution objected. The witness was asked to leave the court and Judge Capeci heard Mr. Penichet’s justification for allowing what the prosecutor feels was collateral and hearsay into the record. Penichet once again referred to the law manual, Richardson On Evidence, citing the right to show “bias, state of mind,” of the plaintiff.


Prosecutor Amy Puerto objected again. The witness Passarella was again directed out of the courtroom and another discussion over  what Richardson On Evidence interpretation means. Penichet said the answer to the question would reveal “the state of mind” of Mrs. Bradley the day before the February 28 incident of the alleged door slam.


Puerto declared to the Judge, that Penichet “has failed to show in any of the matters how what happened here (around the lunch table on the 27th)  shows (Fumiko Bradley’s) state of mind the day before the 28th.”


Judge Capeci overruled the objection and directed Passarella to answer the question whether Adam Bradley said Fumiko Bradley is crazy.  


Passarella  said “No.” (that Bradley did not say Mrs. Bradley was crazy, which Mrs. Bradley had testified to on direct.


Penichet proceeded asking what Mrs. Bradley had yelled in the reported 5 to 7 minute tirade.


Prosecutor Amy Puerto objected again. The witness Passarella was again directed out of the courtroom and another discussion over  what Richardson On Evidence interpretation means. Penichet said the answer to the question would reveal “the state of mind” of Mrs. Bradley the day before the February 28 incident of the alleged door slam.


The Judge adjourned for 10 minutes, and returning  sustaining the prosecution objection.


Just before court ended for lunch, Mr. Penichet was calling a school bus driver as a witness of a conversation they had had with Mrs. Bradley. Again the prosecution objected. The Judge recessed the proceedings at 12:30 P.M.


The proceedings were interrupted for two other court matters during the morning. Mr. Penichet also made two statements for the record to note what he felt were disallowances of questions that he felt were in order according to the Richardson On Evidence book allowing hearsay in on a collateral matters where the state of mind, bias, motive could be shown by those questions. WPCNR notes the prosecutors peppered the proceedings objections.


 


 

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Ridgeway Country Club Winning Bid Selected. No Name of Buyer Yet

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WPCNR SOUTH END NEWS. Special to WPCNR. November 15, 2010: 


Informed sources have told WPCNR that a highest bidder has been selected by the owners of Ridgeway Country Club. The sources say that five bids were submitted and the price they say is close to the club asking price of $13.5 Million. WPCNR has put in a call to Bill Cuddy, who is handling the sale for CB Richard Ellis.


On November 5, the City of White Plains Common Council tabled a set of legislation that would have funded the city purchase of the club. The council had been told the price of the club would be considerably less than the published asking price.  Councilman David Buchwald that evening of November 5 had held out the possibility that the city could approach Ridgeway and negotiate after a final bid had been selected.

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Board of Legislators see $52 Million Surplus in County Budget.

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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. (Edited and amplified by John F. Bailey).November 15, 2010:


The Westchester County third quarter forecast shows substantial financial improvement, predicting a $52 million return to fund balance, County Board Chairman Ken Jenkins (D-Yonkers) announced Monday. 


 “This is good news , following a 2nd quarter forecast which showed Westchester returning $22 million to fund balance,” Jenkins said.


 The 2010 forecast, according to the Board of Legislators news release reflects increases in sales tax revenue of $25.6  million over 2009 actual (by the end of December).


To date as reported Sunday by WPCNR, the county has collected $361,958,132.62 in sales taxes through October, $17,976,111.70 more than 2009  ($343,982,020)after the 10 month mark. This computes to a 5.2% increase pace in sales tax revenue collection over the first ten months of 2010.


If November and December maintain the same 5.2% pace, the county should generate $75 Million in sales tax dollars finishing the year at $436 Million in sales taxes, $21 Million over last year’s $415 Million.


The county forecast of a $25 Million increase in sales collections assumes the rate of increase being experiened in county sales tax revenues will double from 5.2% to 10%.


 






In a joint statement with the Board’s Budget and Appropriations Chairman Jose Alvarado (D-Yonkers), Jenkins said, “The third quarter forecast shows Westchester‘s budget is in a far better position than it was at the same point in 2009.” Alvarado added that  the County  government remains committed to its investment and fiscal strategy. “This continues to show that the County Board along with the previous Administration enacted a fiscally responsible budget for 2010.”   



Chairman Jenkins said, “Through the 2011 budget process, we will continue to balance the needs of all our stakeholders; the people who pay for services; the people who receive services and the people who deliver those services

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Mother Tells Different Version of Bathroom Shower Incident. Defense Begins Tues.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November  15, 2010 Updated November 16, 2010 :


Kane Machinaga, Fumiko Bradley’s mother, under prosecutor questioning through a court interpreter,  told family court this morning that Adam Bradley was not inside the bathroom but just outside the bathroom entrance during the shower incident April 2  that Fumiko Bradley described  last Wednesday.


 That alleged confrontation lead to Mr. Bradley being charged with violation of a restraining order, witness tampering and harrassment in connection with his trial on domestic violence charges which continued this morning. 


Mrs. Bradley’s mother’s testimony appeared inconsistent with Fumiko Bradley’s testimony in which Mrs. Bradley described Adam Bradley as being inside the bathroom, holding a cap and slapping the walls of the bathroom with the cap, and eventually yelling at  her “You have to hang yourself up.” Mrs. Bradley testified last week her mother came between them shouting “No.No. No,” hugging her daughter. 


Ms Machinaga testified after she heard Adam Bradley’s voice shouting from upstairs that day, she went up two flights of stairs into the Bradley bedroom and found Mr. Bradley outside the bathroom door. She then went past Mr. Bradley to go into the bathroom to see what was the matter.


Ms. Machinaga said the morning of April 2 that Mr. Bradley and his older sister came to visit and that she, Ms. Machinaga “I stayed downstairs because I didn’t want to meet them. I  could see people upstairs from the basement. I heard Adam’s (Bradley) voice (from upstairs).” 


Asked if she saw Mr. Bradley,(from her position in the downstairs), she said “No, I only heard him.”


Asked by prosecutor Audrey Stone what she did, she said “When I heard (the shouting), I think to myself this (the shouting) is dangerous and I went upstairs to see.”


Ms. Machinaga said she went up two flights of stairs (13 steps)from the basement and entered the Bradley bedroom.


She said, “I saw Adam in front of the bathroom (entrance), and I went past Mr. Adam (Bradley) to Fumiko.” Ms.Machinaga said after passing Mr. Bradley, she saw Fumiko Bradley, who had been in the shower,  shivering with arms crossed in front of her chest. The Prosecutor Ms. Stone asked how Mrs. Bradley looked.   “Fright. Frightened,” the interpreter translated.


Ms. Machinaga said she had told Adam Bradley “No,” as she moved past him.


Ms. Machinaga testified to the prosecutor’s question of what Mr. Bradley had shouted, that she did not understand what Mr. Bradley had been shouting to her daughter. Ms.Stone asked if Mrs. Machinaga understood English. Machinaga through the interpretor said “No,” confirming to the prosecutor on the prosecutor’s clarification quesion, she didn’t understand English.


Asked what she did next, Ms. Machinaga said she asked her daughter, “What’s happening? What’s going on?”


Ms. Machinaga said her daughter told her, they were having a fight.  “I’m the one who’s wrong.” Ms. Machinaga reported Fumiko Bradley as saying.  Asked what she did next, Machinaga said she hugged her daughter.


She said “Adam (Bradley) left,” But it is unclear if Mr. Bradley had departed the bedroom from where Mrs. Machinaga said she had gone past him, or had stayed to see the mother-daughter hug.


Last week in describing the same incident, Fumiko Bradley said Mr. Bradley was in the bathroom shouting at her and her mother had intervened, appearing to stop the argument the couple was having, saying “No.No.No,” and hugging her daughter.


Mr. Penichet, Mr. Bradley’s attorney declined to cross-examine Ms. Machinaga, saying “No further questons, Your Honor.”


At the start of Ms. Machinaga’s testimony, Ms. Machinaga said she had come to America last spring because it was the time she always has come to see her daughter.


The Prosecutor Audrey Stone rested her case, after Mr. Penichet declined to cross-examine Ms. Machinaga.


At that point the matter of whether Mr. Penichet would be allowed to call a person familiar with Mrs. Bradley’ history at a Japanese school where she worked, was discussed by the Judge with the attorneys. 


Mr. Penichet narrowed his focus to concentrate on Mrs. Bradley’s reputation of conduct at the school in the period 1999-2000 to show what Penichet described as Mrs. Bradley being known among parents, teachers and administrators as being prone to “lying and telling stories.”


Hauling out his trusty Richardson On Evidence reference, Penichet cited Section 494 dealing with hearsay definitions and when hearsay could be allowed on the record.  The prosecutor, Audrey Stone, protested that the character witness testimony was “too remote,” and cited a passage in Richardson’s sayin hearsay should not be allowed if “too remote,” but the definition of “too remote,” was not defined by Ms. Stone.


The Judge said with Mr. Penichet’s new “narrower focus,” that she would allow the school witness.


The detective expected to testify this morning, Detective Robbins of the White Plains Police is expected to lead off Mr. Penichet’s defense argument Tuesday mornning at 9:30 A.M., Penichet told a news conference in the lobby of the Richard A. Dorango Courthouse. He told WPCNR “the Judge (Capeci) has two subpoenas (for the Bradley families two mariage counselors), and the judge indicated she would allow me to call them and I intend to do so.”


Penichet said he expected to call every police officer who interviewed Fumiko Bradley, but declined to say if he would put Assemblywoman Amy Paulin on the stand.


Mayor Bradley’s case resumes 9:30 Tuesday morning with the defense presenting.

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City Sales Tax $$ Up 11.7% After Sluggish October. County up 5% w/2 Mos. To go

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WPCNR QUILL & EYESHADE. By John F. Bailey. November 14, 2010:


 


The state Department of Taxation & Finance reported White Plains and Westchester County sales tax receipts Friday showing that the ¼% increase in White Plains sales tax has resulted as expected in an 11.7% increase in city sales tax receipts equivalent to the 12% proportionate increase in the city tax rate.


 


After the first four  months of the city fiscal year 2010-11, White Plains has generated $16,611,672.22 compared to $14,879595.57 in 2009-10, an increase of 11.7%.


 


Westchester County is generating retail sales ahead of last year’s pace. After 10 months of its fiscal year is looking at receipts totaling $362 Million as opposed to $344 Million last year, an increase of 5% (without a sales tax increase).


 


If the city maintains the 12% surge in tax receipts, it will hit the $48 Million level in sales tax receipts, if sales tax receipts equal last year’s pace for the next eight months. Should November December surge with holiday shopping,  $50 Million or more, an all-time record for a sales tax year could be breached.


 


From a county vantage point if the County continues its 5% growth in retail sales in November December and generates $75 Million in sales tax recipts in the holiday season the county will finish with $437 Million in sales tax receipts – $6 Million more than forecast for 2010 ($432 Million).


 

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Ghost Plane

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WPCNR WILD BLUE YONDER. November 13, 2010: 


A phantom plane brought its sinister aura to Westchester County Airport today when a modern Czechoslovakian MIG L29 — reminiscent of the MIG-15s and MIG-21s (though the L29 is larger)that were the rivals of the American Sabre Jets in “Mig Alley” in the Korean War


The Korean War began sixty years ago this week. The L29 which I have seen before flew in with its distinctive roar to County Airport. Privately owned, this modern MIG retains the notorious reputation of its ancesters, inpiring awe, fear, menace and a memory of the violence of the air war and high speed dogfights over in the early 1950s.


The Mig was considered superior to the American Sabre Jet but US Pilots’ skills in the F-86 Sabrejet are thought to have carried the day in that conflict with a kill ratio of 10 to 1.(827 confirmed victories over Mig-15s to 78 Sabrejet losses. The modern Mig is a sobering reminder always of the sacrifice U.S. Pilots endured.



MIG L29 Hisses to a refueling stop at Million Air FBO at Westchester County Airport this morning.



 

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