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Neighbor Takes Stand. Cross Examination Set for 2 PM

Posted on November 8, 2010 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter Katz Reporting from the Westchester County Court House. November 8, 2010:

The trial of White Plains Mayor Adam Bradley continued at noon with testimony of Alexandra Hofgaertner who lives at 11 Dellwood Road, adjacent to the Bradley house on Fernwood Road. Hofgaertner lives there with three children, an au pair and boyfriend John DiBlasi.

She testified that she and Fumiko Bradley were good friends and Fumiko would confide in her. She testified that Fumiko and her (Fumiko’s) two children came to her (Hofgaertner’s) house after the alleged hand-in-the-door incident. She testified that she saw bruises and an indentation on Fumiko’s left hand and got her ice for her hand. She testified that Fumiko called the police on her own in privacy from a different room than she was in. She testified she gave e-mails that she and Fumiko had exchanged to the news media.

The court broke for lunch and she was expected to return to the stand when court reconvenes at 2 P.M. for cross-examination.

Judge Sticks to Her Ruling: Marraige Counselors Will Not Be Allowed To Testify

Posted on November 8, 2010 by John Bailey

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

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

PETER KATZ REPORTING

FROM WESTCHESTER COUNTY COURTHOUSE

Bradley Attorney Accuses D.A. Withholding Evidence;Says Incident Never Happened

Posted on November 8, 2010 by John Bailey

WPCNR WHITE PLAINS LAW JOURNAL. Special to WPCNR from Peter Katz in the Family Court.. November 8, 2010:

Peter Katz, WPCNR correspondent in Family Court advises WPCNR the court is in a 15-minute recess as of 10: 40 A.M.. Judge Susan Capeci is pondering a set of new cases Adam Bradley attorney Luis Penichet has delivered, showing other decisions that support his argument made Friday that marriage counselors who worked with Adam and Fumiko Bradley from 2003-2007 should be allowed to testify.

PETER KATZ REPORTING

Here is Peter’s Recap on the action so far:

“The trial of White Plains Mayor Adam Bradley on domestic abuse charges began this morning at the Westchester County Court house in a dramatic confrontation reminiscent of the kinds of arguments seen in tv courtroom dramas.

Bradley’s attorney Luis Penichet attempted to convince judge Susan Capeci that the District Atorney is violating Bradley’s rights to confront his accuser.

Judge Capeci earlier had ruled this morning the defense could not call two marriage counselors to testify. The prosecution had objected to them testifying in arguments made in a pre-trial hearing on Friday. Penichet argued to the judge that she needed to hear first hand from these witnesses what they were told in marriage counseling sessions.

Penichet also excoriated the District Attorney’s Office for allegedly withholding important information from him until “the eve of trial.” He was given a large packet of documents at the pre-trial hearing on Friday. Penichet said some of the documents included a report by a Westchester County social service worker demonstrate that Mrs. Bradley, not Mayor Bradley was the aggressor.

Audrey Stone, the lead prosecutor in this case, objected, interrupting Penichet’s argument just the way lawyers interrupt each other in television dramas. The judge overruled her objection and allowed Penichet to continue with his argument.

Penichet said in response to the judge,his defense is “the incidents never happened” as alleged by the prosecution.

The opening of the trial focused on legal arguments regarding calling the two marriage counselors as witnesses. Mr. Penichet gave the judge a number of new legal cases to bolster his argument. The judge declared a fifteen-minute recess to consider the new cases.”

Mayor has Arrived at Court, Channels 2,7,12 Beam Coverage as Mayor’s Trial for

Posted on November 8, 2010 by John Bailey

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.