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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 Adam Bradley of White Plains, carrying brown briefcase emerging with his legal team from the Westchester County Courthouse after his court appearance toda. Luis Penochet, right, with black brief case emerges to meet the media.
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.
Asked by Peter Katz, of the television show, White Plains Week, if Penochet found anything unusual about the way the District Attorney is prosecuting this case, Penochet paused and said, “Yes, I think there’s been a rush to judgment. I think because the Mayor is a public figure, the D.A. is being pressured to prosecute the case.”
