On September 23, Roy C. Bradley, Sr. filed an ex parte motion in US District Court, requesting the court to "pay witness fees" relating to defense witnesses in Bradley's upcoming asbestos removal trial.
The filing revealed that Bradley is "financially unable to provide the fees to serve the subpoenas, or pay witness fees for the appearance of his witness" for the trial scheduled to begin on Thursday, October 2.
The court directed Bradley to file a "supplemental brief", directing him to demonstrate “the necessity of the witness’s presence for an adequate defense”, identify his witnesses and provide a brief explanation for why their testimony is necessary to his defense.
Bradley's response included five witnesses not scheduled to be called by the government: a representative of boiler manufacturer, Cleaver Brooks; a representative from J and J Asbestos Removal; former Smart Schools employee Judy Gauthier; Marcia Demski, a consultant from the Michigan Bureau of Children and Adult Licensing; and a representative from Stephen, Moelter and Sierra Technical Services.
Late today, the government filed its response to Bradley's supplemental brief—and that "I" word comes up again: irrelevant.
THE FEDS RESPOND: "IRRELEVANT", THESE THREE WITNESSES SHOULD NOT BE PRODUCED AT THE "PUBLIC'S EXPENSE"
The government did not oppose two of the witnesses on Bradley's list—the representatives from Cleaver Brooks and Stephen, Moelter and Sierra Technical Services.
In its response, the government objected to three prospective defense witnesses, stating that "the testimony of some of the witnesses at issue is irrelevant".
The second witness identified in Bradley's motion is a representative of J and J Asbestos Removal. Bradley stated that he "expects the representative to testify that the company removed asbestos from the mechanical room in the building at 400 North Madison, Bay City, Michigan, on August 15, 1998."
Pointing out that Bradley and Gerald Essex are charged with illegally removing asbestos that was present in the building "as of August of 2010", the government response rejects the J and J Asbestos Removal witness, explaining that "asbestos removed by J and J before the August 2010 asbestos survey is not part of the asbestos charged in this case."
In addition, Bradley's request to include Marcia Demski, the State of Michigan licensing consultant, was rejected by the government. Demski was selected by Bradley to testify regarding a day care licensing inspection conducted at 400 North Madison in March of 2010—before the building was purchased by Steven Ingersoll on behalf of Madison Arts, LLC, and well before the activities charged in the indictment had even begun.
The third prospective witness identified by Roy Bradley is Judy Gauthier, although no time frame was given regarding the testimony Gauthier would supposedly provide.
In addition, the government has not received "reciprocal discovery" regarding Gauthier's "alleged activities, such as invoices for asbestos abatement work supposedly performed pursuant to arrangements made by her as part of her employment by
In the absence of such information, the government response reveals it "is left to suspect that any asbestos abatement activities that Ms. Guathier arranged as part of her employment by Steven Ingersoll would have been conducted in response to the discovery of asbestos in the building during the execution of a federal search warrant conducted in August of 2012 or thereafter, when Ingersoll was running a school in that building."
Again, the government asserted Gauthier's activities would therefore be "irrelevant because they were conducted after the time relevant to the indictment."
Miss Fortune expects a ruling on this shortly, and will bring the details as soon as they become available.
AN INDIGENT DEFENDANT—WHO'LL MAKE YOU A REAL SWEET DEAL ON HIS USED CHEVY AVALANCHE
A look into Bradley's financial picture proves he no Clarence Earl Gideon (look it up).
In the photo at left, taken recently at Bradley's Thunder Cycle Columbus Avenue location in Bay City, you can see the late model Chevy Avalanche Bradley reportedly drove, clearly showing its $4,800 asking price on the windshield.
Although the Avalanche sports a Spitzer Auto Group custom front end license plate, the truck is not listed for sale on the Spitzer website.
Looks like Bradley may be running an unlicensed used car dealership...or did he just manage to buy up a big batch of used cars?
Whatever the case, a review of Bay County property records reveals Bradley really needs some dough.
In April, three of Bradley's properties entired the tax forfeiture foreclosure process, and owes nearly $58,000 in taxes for property he owns in Bay City and Hampton Township.
A home he and wife Tammy own at 1700 Center Avenue (just a block away from Steven Ingersoll's home) has racked up nearly $9,000 in unpaid Bay City taxes. Other properties owned by Bradley and his wife are 1016 14th Street, 903 E. Indiana Street, 510 Columbus Avenue (Thunder Cycle) and 948 W. Hampton Road.
TAXES, SCHMAXES! DON'T FEEL GOOD ABOUT PAYING YOURS? NEITHER DOES ROY. OH, WAIT...HE DIDN'T PAY THEM!
Here's the capper — even though IRS liens filed in Bay County reveal Bradley's into Uncle Sugar for nearly $250,000, he's still getting a free ride: you and I are paying for his defense.
And, even if things go the government's way this week, we'll still be paying — for three hots and a cot.