WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November 8, 2010:

The Mayor Adam Bradley trial on domestic abuse charges reconvened at 2 P.M. with neighbor Alexandra Hofgaertner, a friend of Mrs. Bradley’s whose house was her refuge in the February 27-28 time when the alleged slamming-door-on-hand incident), taking the stand for cross-examination by Mr. Bradley’s defense attorney, Luis Penichet.

In an hour of cross, Mr. Penichet established that Ms. Hofgaertner was not physically present to witness any of  alleged acts of abuse Mrs. Bradley accuses the Mayor of committing against her, that she often advised Mrs. Bradley of actions to take to get rid of the Bradley’s au pair and what to do to get an order of protection, even advised how to get Mr. Bradley how to pay expenses he was forcing Mrs. Bradley to pay.

He asked if Mrs. Hofgaertner’s boyfriend had ever been offered a job by Mayor Bradley. She said no, he had not. Mr. Penichet pointed out that Mr. DiBlasi had been Chief of Staff in Mount Vernon at the time David Chong, was Commissioner of Public Safety in Mount Vernon. Penichet asked if DiBlasi, Ms. Hofgaertner’s friend had ever asked Mr. Bradley for the Chief of Staff job in White Plains. Ms. Hofgaertner said that was not true. She said, “No. He (DiBlasi) was not interested. He suggested John Callahan (Editor’s note: Callahan was eventually hired for the job), would be a good choice.

In the late afternoon, Fumiko Bradley took the stand. She was in the process of explaining the sequence of the alleged door-slam incident February 27, and making it clear to the judge who had questions about Mrs. Bradley’s position and side of the door she was one, when the Judge, noticing the late hour declared recess until Tuesday morning.

Asked if she advised Fumiko Bradley to got to a marriage counselor, Hofgaertner’s answer was “No,” and did you suggest she (Fumiko Bradley) call the police, Hofgaertner said “Yes.”

He asked whether she had ever advised Mrs. Bradley how to get rid of the au pair (Yuko Watanabe), how to force Mr. Bradley to pay for vacation trips which he had been forcing her to pay, or to go to the police…she said “Not true.” to the first two questions and True to the third.

Subsequently in later testimony, Mr. Penichet confronted Ms. Hoefgaertner with a series of e-mails, which  contracting those statements that she did not advise Fumiko depicted Ms. Hofgaertner as the signor. In each instance, Ms. Hofgaertner, first said, “I do not remember.” Penichet had the baliff show Hofgaertner the e-mails, and asked her if she wrote them. She said yes. Each of the e-mails Penichet selected found Ms. Hoefgaertner advising Mrs. Bradley in the e-mails on the matters Penichet had asked her about if she had done those things. This was an oft-repeated exercise of  Penichet asking a question about an action and Ms. Hoefgaertner saying she did not remember was repeated  again and again, the upshot indicating a pattern of Hoefgaertner advising Mrs. Bradley on actions to take in her relationship with Mr. Bradley.

In  previous questioning, Mr. Penichet introduced a memo to Audrey Stone ( the prosecutor), which was written from Ms. Hofgaertner, on March 13, fifteen days after the Mayor was arrested and charged, complaining about “slanderous” comments made about her in the media, and she wanted the prosecutor to do something about it.

Audrey Stone, the lead prosecutor objected  saying the memorandum was irrelevant and hearsay, “a collateral item,” and nothing to do directly with the incidents in the charges. Penichet quoted from the Richardson legal reference  which allowed introduction of a item as evidence in the instance indicating “bias, interest, hostility.”

Judge Capeci took a 15-minute recess to consider, and came back saying she should would allow the memo (which Penichet told WPCNR was given him by the District Attorney).

Penichet used the memo to show in his opinion, Ms. Hofgaertner was concerned about her being slandered in the media and in the memo, said that if the district attorney did not do something about it she would (this is paraphrasing). He got Hofgaertner to say she was referring to the Mayor, his chief of staff, John Callahan. He got Ms. Hofgaertner to admit on the stand that she leaked the sequence of emails between her and Mrs. Bradley to Fox News because she was worred about her reputation.

Tying it together, Penichet wrapped up with Ms. Hofgaertner by getting her to once again, after saying she could not remember if she had written comments to the effect that that Mrs. Bradley should go to the police, and get an order of protection, just before the  door-slamming incident. Hofgaertner, visibly upset at this time, being shown another e-mail with her name on it by the bailiff remembered and said “Yes,” she had written it.

At times during these long “I do not remember” sequences of questioning, Judge Capeci overruled noticeably infrequent objections by Ms. Stone, saying to Ms. Hofgaertner, the witness,  at one point, the judge asked “Does this help your recollection?” as one e-mail was shown for Ms. Hofgaertner to identify.

Penichet’s point was that Hofgaertner had with her e-mails orchestrated Mrs. Bradley’s befhavior. He also got Hofgaertner to admit she had been going through a divorce at the time the Bradley incidents occurred.

Audrey Stone, the Prosecutor, attempted to bolster Ms. Hofgaertner, quoting a portion of Fumiko Bradley’s e-mails which Ms. Hofgaertner had answered, in which Mrs. Bradley was asking what should she do. Hofgaertner, tearfully said, “she was just trying to help.”

At 3:45 P.M. Fumiko Bradley was called to the stand with the Assistant Prosecutor handling the direct testimony. Mrs. Bradley described the tea throwing incident of January 11 and was in the midst of describing the alleged door-slam-on-her fingers on February 27 when court action was adjourned for the day at 4:45 P.M.

Mrs. Bradley said that Ms. Hofgaertner was the one person she felt she could talk to, and that was because Ms. Hofgaertner was going through a divorce at the time. The Assistant Prosecutor showed some photographs of the interior of the Bradley home.

In describing the tea incident, Mrs. Bradley said she did not know why Mr. Bradley threw the tea at her, and that she left the children with Mr. Bradley at the time. She described her injuring as reddish skin and that she did not seek medical attention.

The Assistant Prosecutor then lead her to a discussion of how the alleged door incident developed. She said she went up to the bedroom to ask Mr. Bradley to attend a traditional Japanese event for his daughters. Mr. Bradley reacted badly, she said attempting to “push her out of the bedroom, and from the way she described it, he was behind her dragging her out the bedroom door, holding her left hand with his left hand. She said she was afraid “he was going to push me down the stairs again (about 7 steps)” and Mr. Bradley reaching around her waist, slammed the door, on three fingers of her left hand high on the doorjam.

Judge Capeci found this confusing and asked Mrs. Bradley to demonstrate it. Mrs. Bradley was in the process of doing so, when the Judge noting the clock, adjourned for the day.

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WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter Katz Reporing at the Westchester County Courhouse. November 8,2010:

Judge Susan Capeci, after review of additional court decisions handed her by Adam Bradley attorney Luis Penichet this morning, on returning from recess, said that her ruling stands and two marriage counselors would not be permitted to testify in the Mayor’s domestic abuse trial. Bradley’s attorney, Luis Penichet, referring to alleged exculpatory evidence, said “How do I get that on the record?” The judge did not have an answer for him.

The trial then moved from the procedural and evidenciary matters to its substance with opening statements by the prosecution and defense.

Two White Plains police officers were called to testify about the alleged February 28 (2010) in which Mayor Bradley allegedly slammed a door on his wife’s hand.

Police Officer Christopher O’Sullivan, first to testify, told of responding to a call at 11 Dellwood Road in White Plains, the home of Bradley’s neighbors, the home of John DiBlasi, a neighbor of the Bradley’s, to which Fumiko Bradley had gone with her children. O’Sullivan responded with a second officer. O’Sullivan was asked about a bruise on Fumiko Bradley’s little finger of her left hand. He said the bruise when he saw it at the scene did not look the way it looked in a photo shown to him by the prosecution. He testified that Mrs. Bradley refused medical attention.

Sergeant Rory Brannigan of the White Plains Police Department  testified that he asked Fumiko Bradley to travel to the White Plains Police Department to make a formal statement. He said he made the decision to arrest Mayor Bradley based on discussions with Mrs. Bradley and his conclusion there was probable cause that a crime had been committed

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After Sergeant Brannigan’s testimony Judge Capeci called a recess. Court is scheduled to resume at noon.

PETER KATZ REPORTING

FROM WESTCHESTER COUNTY COURTHOUSE

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WPCNR WHITE PLAINS LAW JOURNAL. Live Coverage from Peter Katz. November 8, 2010:

Mayor Adam Bradley, his attorneys, and prosecutors from the District Attorney’s office have just arrived at Family Court in White Plains. Court doors to Judge Susan Capeci’s family court have just been swung open. Attorneys and spectators have just entered the courtroom and the White Plains Mayor’s trial on 9 assorted misdemeanor and violations charges including Witness Tampering and Harrassment, should commence shortly. Television Channels 2, 7, and 12 are covering the trial.

The court case is expected to call 31 witnesses for both sides and is expected to last two days, after which Judge Capeci is expected to render a decision since the Mayor opted for a non-jury trial. More updates as proceedings commence when available.

Spectators will be keeping alert as to whether the district attorney’s key witness in the proceeding, Kane Machinaga, Fumiko Bradley’s mother,  will be called to testify if she has returned from Japan.

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WPCNR CAMPAIGN 2010. From Candidate Bob Cohen. November 6, 2010:

If you’ve been watching the news, you know that this election is closer than anyone could have predicted.  While rumors are circulating across the state on the status of this race, I thought it would be appropriate to let you know what is really happening since you have been such a loyal supporter of my campaign.

 As of right now, with 80,328 votes counted, Senator Oppenheimer and I are separated by just 466 – just over one half of one percent – and several thousand votes are yet to be counted.

 As I write, the results of machine votes in two election districts have not been reported.  On top of that, approximately 7,000 votes still need to be counted among absentee, military, emergency and affidavit ballots.

 In short, this race is still in a dead heat, and don’t let anyone tell you different.

 A judge today set the calendar for the remaining ballots being opened.  According to that calendar, emergency ballots will start being counted on November 12th and the absentee & military ballots will start being counted on November 19th.  Affidavit ballots will start being counted at an undetermined date after that. 

 As the process moves forward, we will keep you up to date on new developments.   

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. November 5, 2010:

Mayor Adam Bradley will go on trial  without a jury (by his own choice) Monday morning on 9 charges of alleged domestic violence, including witness tampering, involving alleged incidents beginning February of this past year, when he was accused of shutting a door on his wife Fumiko’s finger.

Mayor Bradley’s attorney Luis Penochet and Westchester County District Attorney prosecutor for the Domestic Violence Unit, Audrey Stone presented their witness lists this afternoon in Westchester County Family Court, Judge Susan Capeci presiding.

Ms. Stone objected to Mr. Bradley’s defense calling previous counselors to both Fumiko Bradley and Mr. Bradley under the grounds that their testimony was not relevant to the alleged incident(s) which took place last Spring.

Mr. Penochet argued that under the federal HIPAA, (Health Insurance Portability and Accountability Act), the U.S. Supreme Court has ruled in two separate cases a judge — if he or she finds the insight health providers testimony can provide relevant to the case, the judge may subpoena  the providers to testify, waiving confidentiality.

Ms. Stone appeared stunned at Mr. Penochet named the two U.S. Supreme Court decisions. She looked crestfallen, staring in disbelief, eyelids slightly closed. 

Stone, recovering,  said she was not familiar with the one case in Alaska and  argued the second case People vs. Antonio  concerned child custody (i.e., not relevant) and Judge Capeci should not allow the counselors to be brought to testify when the plaintiff, Mrs. Bradley was giving statements she thought would be treated confidentially. 

Stone said the counselors had not treated either Mr. Bradley or Mrs. Bradley  since 2007, and therefore were not familiar with the couple’s recent alleged incident or history since 2007.

Penochet argued that since the complainant (Fumiko Bradley) said in her statement that was the basis of the charge, that she (Mrs. Bradley) had been suffering from Mr. Bradley’s behavior since 2003 (when the counselors he wished to call had been seeing the couple) that their testimony would be relevant.

Ms. Stone subsequently confirmed Mrs. Bradley (Fumiko) had been seeing one counselor individually – the insight the counselors could provide was relevant because  Mr. Bradley contends that his wife was abusing him all during this counseling phase and not he abusing her.

Judge Capeci after listening to this give-and-take back and forth for  15 minutes said she would consider Mr. Penochet’s argument and render a decision on whether the counselors would be allowed to testify Monday morning at 9:30 A.M.

At a post court appearance interview with the media, Mr. Penochet said the District Attorney provided no new  witnesses the defense was not familiar. Penochet said the District Attorney submitted 13 witnesses they might be call to testify. He said he had 18 witnesses, he would call on in Mr. Bradley’s defense.

WPCNR asked if Mrs. Fumiko Bradley’s mother, the key witness to the primary incident, had arrived back from Japan yet and would be testifying, Mr. Penochet said he did not know.

Adam Bradley attorney, Luis  Penochet, right, explains the HIPAA Supreme Court Cases to media Friday afternoon. Peter Katz of WHITE PLAIN WEEK, is a left. 

Penochet explained in a court plaza meeting with the media,  that the HIPAA law according to the two U.S. Supreme Court decisions, allows a state judge if they determine a testimony by a medical provider on behavior or conditions of the past would be relevant to a current case, that judge may subpoena those care providers to testify, waiving the right to privacy and client privilege.  

Penochet said the Supreme Court cases, if his two witnesses are denied, gives his client grounds for appeal to the appellate court.