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Lewes, Delaware
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December 3, 2010     Cape Gazette
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December 3, 2010
 

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'HI FRIDAY, DECEMBER 3 - MONDAY, DECEMBER 6, 2010 NEWS Cape Gazette At issue are videos police say show Bradley abusing patients By Ryan Mavity ryanm@capegazette.com Prosecut0rs say video evi- dence against Lewes pediatrician Earl Bradley was legally gath- ered, so the Sussex County Supe- rior Court should deny a l defense motion to suppress video images. The defense argued video evidence and computer files gathered at two outbuildings lo- Earl Bradley cated on Bradley's BayBees Pediatrics property must be suppressed be- cause they were the result of an illegal search. The defense says Delaware State Police, in aDec. 15, 2009 search warrant, wer e not authorized to seize a thmmb drive found on Bradley's o)ffice desk. The prosecution's brief, :fried Tuesday, Nov. 30, respondss po- lice were authorized to sea rch a white outbuilding, painted xwith a black checkerboard-like fa ade, asthe entire premises were 1to be targeted in the search. The Dec. 15 warrant sped_ties a whitm out- building, which lead Det. Thomas Elliot had observed be- fore police executed the warrant. Inhis warrant, Elliot said Bradley Rumors against Beebe as a result of the Bradley association. Others, he said, may also, be fried. Lawyers Continued from page 17 for the plaintiffs - child and par- Fried recently, contacted Beebe in ent victims of the alleged crirnes - the aftermath of the arrest of for- and for Beebe are awaiting the re- mer pediatrician Earl Bradley suits of a motion to certify all of questioning whether a buy-out the lawsuits as a class-action suit. was .possible or something "My impression," said/Mus- Beebe's board of directors might tokoff, "is that no one is objecting be interested in. Fried said Beebe to moving this ahead as a class- responded to all of the inquiries action suit - probably because it in the same way:. "Thanks but no. makes a lot of sense. I know thanks." Beebe's sense is that this is the The question of liability faced most expeditious way to go for- by Beebe Medical Center follow- ward - the most immediate way ing the Bradley arrest, for alleged to get help to parents and chil- crimes against children, has ere- dren." Still to be answered is ated uncertainty about the fman- whether Beebe's share of liability cial future of the institution, for Bradley's alleged crimes, if Though those alleged crimes did any as determined through a set- not occur in Beebe Medical Cen- tlement or court action, will be ter facilities, Bradley had an asso- covered by companies that have elation with Beebe for a number written liability insurance for of years. According to Beebe le- Beebe. Mustokoff said one insur- counsel Michael Mustokoff of ance carrier fried for a declarato- the Duane Morris law firm, at . ry judgment seeking to affirm least 30 lawsuits have been fried that exclusions apply in this case took patients into the building, and to the basement of his main office. The defense argued the white building referred to in the war- rant was another outbuilding on the property; the prosecution disputes that because police did not know another white building existed before the warrant was executed. In a hearing on suppressing the evidence held Aug. 31 and Sept. 1, Elliot testified the out- building referred to in the war- rant was the checkerboard build- ing. "On this express authority alone, police acted within the scope of the warrant:' the prose- cution said. "Even absent any specific mention of other build- ings, the warrant authorized the search of all structures at 18259 Coastal Highway [the BayBees offices]." The defense argued the search warrant authorized police to search only what would be con- sidered patient medical files, such as papers in a manila folder detailing patient treatments. However, the prosecution points that would nullify or mitigate the company's responsibility to cover a settlement or judgment. That action has been stayed, said Mus- tokoff. The judge, he said, feels the subject matter of the coverage dispute is the same subject matter of other legal actions against Bradley and those actions should be allowed to play out rather than going through the subject matter twice. Beebe officials, since Bradley's arrest, have said their primary concern is getting effective help for the child and parent victims of Bradley's alleged crimes. Beyond that, said Fried, "Beebe wants to remain as an independent, non- profit organization - maybe with some scars - when we come out out the warrant says medical said. fries inclu.de computer fries relat- i According to the warrant, two ed to eight specific children. "The warrant set forth a basis to believe that Bradley used computers as part of his medical practice. More specifically, the warrant itself explicates why one could decide there is a 'fair prob- ability' that among the informa- tion collected and stored by Bradley in his computer at Bay- Bees was digital visual imaging of his patients," the prosecution witnesses testified that Bradley liked to take digital pictures of his patients. One witness said ladley liked manipulating pic- res on his computer. Another id Bradley had cameras lhroughout the office, that he Could access from his home computer. 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