There's always some twist!
Although he was convicted in December 2014 on four federal felony asbestos mishandling charges and was scheduled to be sentenced this afternoon, court documents filed this morning on behalf of Roy C. Bradley, Sr. reveal that his criminal defense attorney, Mark Satawa, requested that he be released on bond, pending appeal.
In addition, Satawa today filed a sentencing motion in the case requesting that Bradley serve no more than 24 months' incarceration instead of the 57-71 month federal sentencing range guidelines.
Satawa cites Bradley's "difficult childhood", wide range of serious and debilitating medical problems, and "extraordinary family circumstances" in his motion.
Cue the violins!
From the government's response to Bradley's motion to delay his sentencing:
Bradley has overstated the factual complexity of the issues that the court actually needs to resolve to sentence Bradley for his asbestos convictions. In that regard, it should be noted that a jury found Bradley guilty of the charges in the current asbestos case on December 2, 2014. Bradley has not ordered a transcript of that asbestos trial during the intervening period of more than two months.
Obtaining a transcript with Bradley’s supposedly newly-acquired financial resources would have relieved his recently-retained defense counsel of the disadvantages that counsel might feel as a result of not being present for Bradley’s asbestos trial.
Instead, Bradley filed numerous objections to the presentence report disputing issues that were resolved during that trial, including objections that simply cannot stand in light of the jury’s verdicts.
Bradley does not have the right to re-litigate factual issues that were litigated at trial just because he chose to reject the services of his court appointed trial counsel and hire new
counsel who did not have the opportunity to participate in Bradley’s asbestos trial