For the victims and their families, the big question has been, what took so long to arrest Lewes pediatrician Dr. Earl Bradley?

Sgt. Walter Newton, Delaware State Police spokesman, said what triggered Bradley’s arrest Dec. 16 was getting a complaint that gave the police probable cause for a search warrant and an arrest. Newton said the police received its first complaint about Bradley in October 2008 and sought a search warrant in December 2008. However, a judge denied the request, citing too little evidence for probable cause.

Because Bradley was a doctor, it was difficult to prove cause for a search warrant on Bradley because many of the complaints against Bradley, involving inappropriate and unnecessary exams, were not outside the realm of medical necessity.

“His position was very defensible,” Newton said.

What enhanced the case for a search warrant against Bradley was evidence that Bradley took a child outside the examination room.

Once Bradley moved the child outside the examination room, what he then did could no longer be considered part of the exam, Newton said.

What led police to seek video documentation of Bradley’s deeds was applying basic principles of how pedophiles generally behave, Newton said.

“It is historically known that pedophiles like to video their victims,” he said.

Newton said the actions of the Milford Police Department, which investigated Bradley in 2005, were extremely helpful in getting the state police rolling on its search warrant of Bradley in December.

“Because of what they did, we were able to move forward,” he said.

Professor Joseph A. Pollini of John Jay College of Criminal Justice of the City University of New York said it’s very difficult to prosecute doctors and attorneys because as professionals, what one can do or can’t do is largely a gray area.

A pediatrician generally does not conduct routine examinations of a child’s genitals, but the mother of one of Bradley’s patients told the Cape Gazette Bradley told her it was his practice to do so for new patients. As Newton said, while unusual, it could be argued that the practice is not criminal. 

Pollini said typically, developing a case against a doctor or lawyer requires more diligence than other cases.

“It takes a lot more steps,” he said. “You’re going to have to develop more evidence.”

Further complicating the case, Polini said, “They’re going to get good lawyers” who will subject every aspect of the case and the evidence to intense scrutiny.

“These are very difficult cases,” Pollini said.