Bradley appeal denied
A Delaware Superior Court judge did not mince words in denying convicted pedophile Earl Bradley’s latest attempt to get a new trial.
“Bradley has never denied his criminal actions, which he himself filmed and documented, nor has Bradley stated any remorse for the devastating harm he inflicted upon young and helpless victims,” wrote Judge William C. Carpenter. “Instead, Bradley relentlessly attempts to blame others for his present situation, claiming he was wronged by the court, the police or his counsel.”
Carpenter concluded, “The truth is that Bradley has been fairly treated at all stages of this litigation, and he alone is responsible for his incarceration.”
Bradley, serving 14 life sentences and 164 years in jail on 24 charges of rape, assault and sexual exploitation of a child, was seeking a new trial on grounds of ineffective counsel, denial of counsel, violation of Fifth Amendment rights and judicial bias. He also challenged evidence seized from his BayBees Pediatrics office in Lewes in 2008 and 2009. Besides trying to get a new trial, Bradley also sought to have Carpenter recuse himself from the case.
Carpenter, in an 11-page opinion, quickly shot down all of Bradley’s claims.
“Bradley has not pleaded with any particularity that new evidence exists that creates a strong inference of actual innocence. To the contrary, the instant motion focuses on ineffective assistance of counsel and largely attacks evidence seized and admitted in the proceedings leading up to his conviction,” Carpenter wrote.
Carpenter said Bradley failed to establish grounds on which he would be entitled to relief, and that he cannot assert innocence when he videotaped the criminal acts for which he was convicted.
In response to Bradley’s attempts to get Carpenter, who presided over Bradley’s criminal trial, to recuse himself, the judge said there is no basis to grant the request.
“Bradley was afforded a fair trial consistent with the decisions made by his counsel,” Carpenter wrote. “While Bradley has disagreed with the court’s decisions throughout this litigation, his discontentment in this regard is simply insufficient to justify this judge’s recusal.”
After being convicted at a bench trial - Bradley waived a jury trial after photographic and computer evidence seized from BayBees was allowed to be used at trial - Bradley first appealed his case to the Supreme Court. His conviction was upheld, and with new counsel, Bradley sought postconviction relief. His first appeal was denied, and Bradley decided to file for relief again, this time representing himself.
Bradley served the first five years of his sentence at J.T. Vaughn Correctional Center in Smyrna, but in June 2016, he was transferred to MacDougall-Walker Correctional Institution in Suffield, Conn.
