Thursday, June 24, 1999

Attempted rape case dropped


Defense calls trial a wife's vendetta

BY DAN HORN
The Cincinnati Enquirer

        Prosecutors say Kevin Bradley may have spent years terrorizing his wife.

        His attorney says it's the other way around.

        The Cincinnati man's unusual case began about five years ago when his wife, Lisa, filed the first of at least 10 domestic violence claims against him.

        It continued Wednesday when Mr. Bradley appeared in Hamilton County Common Pleas Court to face an attempted rape charge involving a 12-year-old girl.

        As in the previous cases, one of the key witnesses against him was his wife. And as in those cases, the judge threw out the charge because his wife refused to appear in court.

        “Her track record is obviously an insult to the justice system,” said Judge Patrick Dinkelacker.

        Her repeated failures to appear in court also have raised questions about whether Mr. Bradley is the victim of his wife's behavior or the beneficiary of it.

        Prosecutor Mike Allen said the evidence in the attempted rape case would have been strong enough to support a conviction if Mrs. Bradley had showed up to testify.

        He said the evidence against Mr. Bradley included a detailed statement from the girl, as well as crucial supporting statements from Mrs. Bradley and others.

        “If this guy is trying to portray himself as a victim, he's wrong,” Mr. Allen said. “It's extremely unfortunate that Mrs. Bradley is not cooper ating.”

        But Mr. Bradley's attorney, Charles Isaly, said his client is the victim of a woman who uses the legal system to lash out at her husband. He said she has filed more than 10 domestic violence claims, all of which were dismissed when she failed to follow through in court. The latest case kept Mr. Bradley in jail for nearly two months.

        “She continues to file what obviously appears to be groundless claims against him,” Mr. Isaly said. “It certainly looks like some kind of vendetta against him.”

        Under Ohio's sexually violent predator law, Mr. Bradley could have been sentenced to life in prison if he had been convicted of attempted rape.

        Mr. Isaly said his client was to be released from jail Wednesday. “He's entirely fed up with the whole thing,” he said.

        Judge Dinkelacker said he had no choice but to dismiss the charge because prosecutors could not proceed without Mrs. Bradley and could not keep Mr. Bradley in jail any longer.

        “These are very serious charges,” the judge said. “I don't take this lightly.”

        The judge made the decision after hearing from a police officer who said Mrs. Bradley told him Tuesday she would no longer cooperate.

        “I apologize on behalf of the whole system for you having to go through the nonsense that woman has put you through,” Judge Dinkelacker told the officer.

        Mr. Allen said it is fairly common for victims of domestic violence to refuse to help prosecutors. But he said Mrs. Bradley's latest change of heart is more troubling because the case involves someone else.

       



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