State pursues judgment against Bradley

State officials filed a motion seeking to move forward with a racketeering lawsuit against convicted rapist Dr. Earl Bradley, as it pursues a $600,000 judgment against Bradley's personal property.

If the stay is lifted, the state can apply for default judgment; completing the racketeering case would clear the way for Bradley’s old BayBees Pediatrics offices to be demolished.

According to court documents, Bradley is not contesting a default judgment. The state's racketeering laws allow the Attorney General to help victims by putting a lien on a defendant's assets. A default judgment occurs when the defendant in a suit cannot defend himself in court. The presiding judge - in this case Judge Joseph Slights III - would set the terms of the judgment.

Fulton Bank, formerly Delaware National Bank, had two outstanding mortgages on the office buildings, but the bank has cleared its liens on the property. Fulton Bank foreclosed on the BayBees offices and has since sold it to Realtor Bruce Geyer, who has made clear his intention to raze the buildings as soon as possible.

Geyer, who had withheld his identity at first, said he decided to come out as the buyer after strong public reaction to his desire to raze Bradley's old offices. He said he thought the timing was right and that the community should know that a local person bought the property.

Geyer said he had an interest in the property for some time, but it had been off his radar until he got word that Fulton Bank, where he's a customer, had foreclosed on the property. He said the eventual sale happened very quickly and ended up costing around $320,000. That cost covered Fulton Bank's mortgages on the property, as well as various taxes and fees.

Geyer has given Millsboro contractor Harry Caswell the go-ahead to tear down the BayBees buildings as soon as the state removes Bradley's personal property.

Geyer said he has not stepped foot on the property yet and will not until Caswell tears down the buidings. "It bothers me that badly," Geyer said.

He also said Caswell is a well-known, trustworthy and reputable contractor who can clear the land.

Robert Gibbs, attorney for Fulton Bank, and Geyer both said they have not had any updates from state officials about removing Bradley's remaining personal effects.

"We're just in a holding pattern until the state gets done its deal," Gibbs said.

Caswell said he has a disconnect permit for the sewer and that arrangements at the landfill are also set. He said he has not had the power disconnected yet because he was afraid workers from Delmarva Power would get in trouble if they went on the property.

Caswell said he was shooting for the first week in September as the demolition date, but he is still waiting on a go-ahead to set up the date.

"I can make it happen in a couple of days," he said. "We're ready to go."

The state’s racketeering statute provides for damages of $100,000 per violation and forfeiture of property related to the racketeering activity. The state’s racketeering lien notice lists several cars and trucks, all medical or office equipment, two utility trailers, all Bradley’s bank accounts, his house on Savannah Road in Lewes and the BayBees offices.

According to court documents, U.S. National Bank Association also has a mortgage on Bradley’s house. The state did not object to the bank becoming an intervening party, and the motion says the bank’s interest will be satisfied. The $600,000 judgment will recoup any value in the property after U.S. National Bank satisfies its mortgage.

The state filed the racketeering lawsuit against Bradley Jan. 22, 2010, a little more than a month after Bradley’s arrest on charges of rape and exploitation of his child patients. The racketeering suit was filed as a way to preserve Bradley's assets and ultimately seize them for his victims. On April 27, 2010, the state requested a stay of discovery in the case until the completion of Bradley’s criminal trial.

After a one-day trial on June 23, Judge William C. Carpenter convicted Bradley on 24 counts of rape, assault and exploitation of children. He will be sentenced Friday, Aug. 26, in Sussex County Superior Court.