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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
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 (
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
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
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
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.
