}

Thursday, June 8, 2017

“CUE THE VIOLINS” Roy Bradley's Attorney Tells Judge: Go Easy On Roy, He's A Sick Man!

A sentencing memorandum filed yesterday by attorney Mark Satawa on behalf of his client, Roy Bradley, implored United States District Judge Thomas L. Ludington to treat his client gently, and sentence him at the bottom of the acceptable guideline range — 18 to 24 months — because of his “difficult childhood” and “serious and severe medical issues” that would make custody extremely hazardous. 

Bradley's sentencing is set for June 12, 2017 at 4:00pm.

Satawa, while not as eloquent as Dickens, described Bradley's childhood:

Roy Bradley is a 53-year-old man who appears before this Court for sentencing. As the multiple Presentence Reports (PSR) highlight, Mr. Bradley had a difficult childhood. He never knew his biological father, and his stepfather was an alcoholic and physically abusive. 

This caused Mr. Bradley to quit school in the ninth grade, and run away from home to live with friends at only 16. Mr. Bradley began using and abusing alcohol at age 14, which continued until he was 30 when he was able to complete a one year in patient treatment program and stop drinking. Despite these difficulties and barriers, Mr. Bradley got married, raised 4 children, and is currently raising two of his grandchildren. He, along with his wife Tammy, started several businesses, and became successful both personally and professionally. 

Satawa requested the tax evasion sentence run concurrent to the sentence Bradley received in the related “asbestos case”. 

Bradley was sentenced to 60 months, the top of the accepted guidelines.

Satawa continued:

Given that both cases have gone to trial, and have also been the result of extensive post-trial, sentencing litigation, this Court is well aware of the facts in the Present Matter. Mr. Bradley was contracted by Dr. Ingersoll to refurbish a church into a school. 

As a result of that single construction project, Mr. Bradley was charged, and ultimately convicted, in two separate cases of (1) clean air violations for improperly removing asbestos from the church during construction of the school; and (2) conspiracy to defraud the United States for paying workers cash and not collecting FICA and FUTA taxes from their wages. 

Both of his convictions stem from this same conduct – that is the same construction project. 

Mr. Bradley has already been sentenced to 60 months on the previous case – a sentence that was at the top of the applicable guidelines. That sentence is a determinate term of incarceration, where Mr. Bradley may be able to earn good time but cannot be paroled early. He has not served any of that sentence, so the entire 60 month term remains to be served. 

Alleging Bradley was duped by his co-defendant, Steven Ingersoll, Satawa asserted the following:

Sentencing him concurrently in the Present Case would be reasonable in light of the previous 60 month sentence, best serve all of the 3553(a) factors, and avoid unwarranted disparity with the Sentence of Dr. Ingersoll, who only received a total sentence of 41 months (or 19 months less than the sentence Mr. Bradley already received) for his role in these offenses (despite the Government’s repeated arguments that Dr. Ingersoll was the “brains” behind the entire construction project, was far more culpable in the financial and tax related fraud aspects of the cases, was convicted of substantive tax fraud counts, and was “directing” Mr. Bradley in connection to all construction matters, including presumptively the removal of the asbestos). 

Bradley's health, detailed by Satawa, include garden variety, self-inflicted lifestyle diseases:

As noted in the PSR’s, Mr. Bradley is a man who has suffers from severe medical issues in the present (and future). Mr. Bradley currently suffers from a wide range of serious and debilitating medical problems, including: heart disease, high blood pressure, diabetes, and MRSA. 

In 2011, Mr. Bradley underwent a heart cauterization due to chest pain, and has recently experienced chest pain, shortness of breath, fatigue, and heart palpitations. 

In 2012 Mr. Bradley also contracted MRSA – a serious and often deadly staph infection that is resistant to antibiotics. A noted in the PSR’s, any cuts or wounds are of a concern for a reoccurrence. As a result of all of these serious medical issues, this Court should have serious concerns that the BOP can adequately care for, and provide proper medical treatment to, a person in Mr. Bradley’ physical condition. The BOP will certainly always take the position that they can provide adequate medical care, as they are constitutionally obligated to do so and will never admit they cannot. 

I'm betting Bradley had a “heart catheterization”, not a “cauterization”, but I was asleep that day in medical school.

We'll find out next Monday if Satawa's chin music worked.

4 comments:

  1. asbestos is a life sentence!
    He ran several successful businesses,yet " chose " to expose his own family and friends to something deadlywith no remorse.lowest of the low!!

    ReplyDelete
  2. That is such carp, there is nothing wrong with Bradley. I call bullshit!

    ReplyDelete
  3. Wonder whatever happened at the June 12th sentencing at 4 pm? Was it postponed again? Wow...will have to email the Bay City Times and ask that same question!

    ReplyDelete
  4. Here's the link to that story:

    http://glisteningquiveringunderbelly.blogspot.com/2017/06/roy-bradley-sentenced-to-18-months-in.html

    ReplyDelete

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