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Thursday, December 18, 2014

TWIST IN THE BAY CITY ACADEMY ASBESTOS REMOVAL CASE: Roy C. Bradley, Sr. Seeks To Set Aside Conviction & Asks For New Trial. Found Guilty on Four Asbestos-Related Felonies, Bradley Cites "Ineffective Assistance of Counsel" in Federal Motion

BREAKING NEWS!

—Incompetent Attorney! Bradley seeks new trial, claims his court-appointed attorney rested the defense case without calling a single witness or introducing a single exhibit.

Secret Witness! Former Ingersoll employee, with history of “hostile feelings” toward Ingersoll & Bradley has a post-conviction change of heart and now claims possible juror dishonesty!



Indigent Defendant!
Crying poor mouth back in late September when he asked the government to pay his witness fees, “indigentBradley just hired prominent $400-an-hour criminal defense attorney!

A CRIMINAL CHRISTMAS CAROL

If you were thinking of buying convicted felon Roy C. Bradley, Sr. this newbie prison inmate guidebook for Christmas, you might want to hold off: Bradley's shopping for a new trial!

Bradley was convicted December 2 on four counts related to illegal asbestos removal at the Bay City Academy. Gerald A. Essex, Bradley's co-defendant and crew foreman, was acquitted on the same four charges. 

Bradley's new attorney, Southfield-based Mark A. Satawa, filed the motion on December 12 seeking an order “vacating judgment and granting a new trial” based on ineffective assistance of counsel.

In the motion, Satawa calls out Bradley's former court-appointed attorney, Elias J. Escobedo, Jr., as appearing “unable (or
unwilling) to comprehend the appropriate defense” for the federal asbestos case.


Satawa, a magna cum laude graduate of the Notre Dame Law School, is a former Assistant Prosecutor for Wayne County and a Michigan Assistant Attorney General. Satawa's a partner at Southfield-based Kirsch & Satawa, and his online bio states he's “successfully litigated a broad range of criminal cases, including drunk driving, telecommunications fraud, tax fraud, robbery, domestic violence, and assaults.”

In the motion Satawa asserts “Bradley had a rather simple defense to charges brought against him for improperly removing asbestos; there was no asbestos to be improperly removed because he had hired an asbestos abatement company, A-Plus, to do it properly five months earlier.”  

Bradley purportedly spent “countless hours investigating and preparing his defense. He had witnesses ready to testify on his behalf and documents to bolster their testimony. Yet all his attempts to educate his court-appointed lawyer, Elias Escobedo failed . Mr. Escobedo refused to learn the basic facts of the case, failed to investigate potential witnesses who would have exonerated Roy Bradley, failed to adequately cross-examine government’s witnesses, and failed to put on any defense after promising the jury that he would prove that A-Plus abated the asbestos.”

Bradley's attorney slams Escobedo, saying his conduct clearly “fell below an objective standard of reasonableness” and “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.”


A SECRET WITNESS: HEY, I RECOGNIZED THAT JUROR...AFTER THE TRIAL ENDED! 

Sally Sanders is a professional photographer who worked as the Studio Manager for Traverse City's Don Rutt Photography before relocating to Bay City to work for Steven Ingersoll.

Sanders provided photographic and editorial services for Ingersoll's Front Porch Renaissance, and photographed Ingersoll's properties, including the Bay City Academy and the Webster House Bed & Breakfast.

In 2011, Sanders photographed various Ingersoll construction
projects, including the Bay City Academy project at 400 North Madison Avenue. As part of that project, Sanders took approximately 2,000 photographs from March 11, 2011 to the fall of 2011. 


Sanders subsequently had a parting of the ways with Ingersoll, and did not speak well of him after she left his employ.

How do I know that?

Well, back in early June 2013, Sanders spoke directly with me about her experience with Ingersoll — in unflattering terms.

Sanders and I exchanged a couple of follow-up emails, including one on June 13, 2013 where Sanders commented on Ingersoll-related stories on my blog: “Good for you to go after him and the others you told me about. If I hear any new news I’ll let you know. Keep up the good works!”

According to court documents, Sanders testified to the grand jury in Bradley's asbestos case, but did not testify at his federal trial.

On December 4, US District Judge Thomas L. Ludington granted the government's request to modify the conditions of Bradley's bond, prohibiting Bradley from having direct or indirect contact with witnesses in the asbestos case and in his upcoming fraud case.

The government asserted that Bradley—through third-parties—had harassed several witnesses for the prosecution during the course of his asbestos trial. 

Prior to the entry of the order, Sanders informed Roy Bradley that she previously spoke for over an hour with Juror Number 5 (whom she saw in the courtroom) about this case and showed the juror pictures she took of the Bay City Academy project.

The December 12 motion asserts that Sanders was “forthcoming in noting that she spoke very negatively of Dr. Ingersoll, Roy Bradley, and the project because of at-the-time hostile feelings towards them; feelings she no longer has.”

Satawa requested an in-court examination of Juror Number 5 and of Sanders to determine whether “a juror failed to answer honestly a material question on voir dire” and whether “a correct response would have provided a valid basis for a challenge for cause.” 

THE GOVERNMENT'S RESPONSE?

Miss Fortune's on doc watch, waiting to see how the government responds.

But a “secret” witness who'd testified to the grand jury but just happened to be in court to recognize a juror in Bradley's case as someone she'd met and revealed key Bay City Academy project photographic evidence—and told Bradley after his conviction—is a delicious twist even your girl Miss Fortune didn't expect.

Add that legal marshmallow fluff to peanut butter and you've got a real Fluffernutter...and I can hardly wait for my next snack!

Smacznego!

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