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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. December 2, 2010:
Mayor Adam Bradley’s trial on nine charges of domestic abuse against his wife wound up yesterday with the summation by prosecutor Audrey Stone, concluding at 12:30 Wednesday with Judge Susan Capeci reserving decision until December 9. Before that, three “lesser included charges” of Attempted Assault were added to the three charges of Assault in the Third Degree, allowing the judge more leeway in her decision,according to the District Attorney’s press spokesperson. The lesser charges came up in Mrs. Stone’s wrap-up.
Prosecutor Stone made the case for the people after a 10-minute break and proceeded to paint a picture of a man (Bradley) fabricating an elaborate scenario of how the alleged February 28 incident with the help of longtime friends and acquaintances and the cooperation of the au pair, Yuko Watanabe to relate a version of the February 28 alleged domestic abuse incident to tell a different story.
She commented in her strong, coherent hour long summation that at the least Mr. Bradley had passed the threshold of “attempted assault,” incidentally the “lesser included charges” added at the commencement of proceedings Wednesday morning.
Using a reference to the motion picture Gaslight starring Charles Boyer and Ingrid Bergman, Stone portrayed Bradley as similar to the Boyer character who attempts to drive his wife crazy by distorting her perception of reality (dimming the gaslights and telling the Bergman character nothing’s changed). The effect in the movie makes the Bergman character feel she is losing her mind and going crazy.
Ms. Stone spoke with confidence, poise, and conviction non stop for an hour disputing Mr. Penichet’s assertions.
She said flat out Alexandra (Hofgaertner) did not call the police, Fumiko Bradley called the police. She described Fumiko Bradley as holding a phone in her hand, thinking of the fate of her children after the February 28 incident, deeply distressed.
She described Bradley’s reaction to the alleged incident when he testified on the stand as “not even knowing she (Mrs. Bradley) was hurt. The defendant did not call police. He called his attorney. He knew he was in trouble. The trouble is Fumiko Bradley’s injured hand.”
Stone drove hard: “Fumiko Bradley’s motivation was to protect herself and her family. She was scared.”
On the other hand, Stone said, Adam Bradley’s behavior was “inconsistent,” shown she said by not having notified child protection services immediately after the February 28 incident about protection for his children, even though in testimony Bradley had said his wife had shown a history of temper, hysteria and anger and violent behavior towards him.
Stone characterized as “inconsistent” that Bradley had never gotten orders of protection for himself against his wife if she was violent towards him as he alleged in the last seven years.
“His reaction (February 28) was to hire an attorney.”
Divorce as Reason for Fabrication Not Credible.
She disputed the defense contention that Fumiko Bradley fabricated the February 28 incident “to get a leg up in the divorce.”
Stone argued depriving Mr. Bradley of a livelihood would not help Fumiko Bradley.
She observed that Mrs. Bradley wanted joint custody of the children. “What could she possibly gain from this prosecution (based on the alleged events of February28)?”
Arguing for the tea charge of Mr. Bradley throwing tea at his wife January 11, Stone claimed it was impossible for the tea to be spilled on both Mrs. Bradley and Mr. Bradley at the same time, as Mr. Bradley testified it was, because of Mrs. Bradley pushing him while he was holding the hot tea, though later that evening he was seen with water on his shirt.
Man with Career on Line. Story Not Credible.
In measured, sarcastic tones, Stone characterized Mr. Bradley’s version of events and their marriage as “not credible,” saying,
“He has a career on the line. He showed no interest in helping his wife (after the February 28 incident).
She said Mr. Bradley’s behavior suggests a “pattern” where Bradley through his testimony and use of his friends and the au pair “ created a different reality.” “It defies logic.”
She noted that Mr. Bradley’s toe injury allegedly sustained in the series of alleged door slams, was consistent with Mrs. Bradley’s testimony that he was storming around the bedroom at the time, saying “stop torturing me.”
Demonstrates Attempted Assault
She said at the very least Mr. Bradley’s behavior, the injury Mrs. Bradley allegedly sustained indicate he engaged in “attempted assault,” the lesser includeds charges added to the third degree assault charges Wednesday morning when Judge Capeci asked the prosecution if there is anything else you want me to consider.
She dismissed the defense allegations that Fumiko Bradley’s neighbor Alexandra Hofgaertner acted inappropriately and out of self-interest.
She charged that Bradley’s friend Marc Strongwater failed to cooperate with investigators when the district attorney’s office was searching for the au pair, Yuko Watanabe.
(Editor’s Note: On Tuesday, last day of testimony in court, Mr. Penichet charged the district attorney’s office was looking for Yuko Watanabe for purposes of getting her deported as she no longer worked for Mrs. Bradley as of that afternoon. Penichet said Mr. Bradley arranged for a lawyer for Watanabe to retain legal visitor status, and be able to appear as a material witness, because only in cases where a felony is involved can a material witness subpoena be issued.).
Tiihonen Testimony Had No Context
Stone discarded the testimony of Amy Tiihonen, who said that at a play date last September, Fumiko Bradley laughingly said, “I lied to the police. I told them when I get excited my Japanese kicks in, but I understood every word they said.” Stone said there was “just not a shred of evidence for the context” of the remark, and it could not be pinned down what Mrs. Bradley was talking about. “What did she (Fumiko) lie to the police about?” Stone asked rhetorically.
(Editor’s Note; White Plains Police and prosecutor Stone herself did attempt to question persons who were present hearing Mrs. Bradley utter those remarks, after Ms. Tiihonen gave her testimony. according to Mr. Penichet who brought the after-the-testimony attempted questioning to light in offer of proof remarks in court last week.)
May 14 Letter Intent Interpreted Differently.
In Mr. Penichet’s summation he used a letter Fumiko Bradley wrote to Adam Bradley on May 14, 2009 where she summarized the problems with their marriage. It played a big role in Penichet’s showing that Mrs. Bradley overreacted to Mr. Bradley’s being away from home causing her much anxiety and demonstrated her jealousy over the au pair, and alleged perception she was being abused, especially the paragraph where she described his treatment of her as “abuse.”
Stone disputed this. She said the letter showed Mrs. Bradley wanted to work on her marriage and demonstrated Mr. Bradley’s behavior towards her.
Stone dismissed the witness, she described as a secretary of the Kodomono Kuni school (in White Plains) that had dismissed Mrs. Bradley who had testified that Mrs. Bradley had a reputation for telling stories, saying that testimony was based on only one school meeting.
Au pair credibility attacked.
Stone said that Yuko Watanabe, who testified to hearing the bedroom door slam 3 to 4 times during the alleged February 28 incident, a key element in Mr. Bradley’s defense, was not a credible witness, having admitted she lied to the police about whether Mrs. Bradley had ever hit Mr. Bradley, then testifying in this trial that Mrs. Bradley punched Mr. Bradley on Election Day 2009.
Stone dismissed that Election Day incident saying Watanabe couldn’t see the incident from where she was situated that morning.
She questioned how Watanabe could be credible when Mr. Bradley’s friends had been housing Watanabe rent-free with board provided for eight months with Watanabe being unemployed. She also mentioned Watanabe refused to talk to district attorney investigators.
Sister’s “No shouting” Testimony Questioned.
Stone alleged Joelle Bradley’s testimony that she heard no shouting occurring during her brother Adam Bradley’s visit to Fumiko Bradley April 2, was not credible, suggesting that when Joelle said to Adam words to the effect of “Let’s go. It is time to go,” that she Joelle was aware of an argument, aware of the modified order of protection and indicated she sensed an escalating argument was taking place.
Stone said Fumiko Bradley’s mother’s version of what unfolded the morning of April 2 was more credible: “Even though she did not understand English, she (Fumiko Bradley’s mother) came up two flights of stairs, yet no one heard him (Adam Bradley) say anything?”
She closed describing Mrs. Bradley as a “dejected, defeated woman.” showing a photograph of her at the police station, February 28.
Notes:
Lucian Chalfen, press spokesperson for the District Attorney’s office said to WPCNR that when the February 28 incident was being investigated that Adam Bradley appeared with a lawyer and no statement was taken from him by the police.
Darren Grub, a spokesperson for Mr. Bradley told WPCNR that Mr. Bradley was never questioned by the District Attorney’s office on the February 28 incident.
Luis Penichet, speaking to WPCNR after court said the addition of the “lesser included charges” of Attempted Assault were added before proceedings started told WPCNR the effect they had was “to widen the goal posts,” (allowing the judge if she so chose to find Mr. Bradley guilty on lesser charges in the primary incident.)
Penichet, after Tuesday court session told WPCNR he was set to appeal the case to the Appellate Division should this become necessary.
