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December 3, 2010     Cape Gazette
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December 3, 2010

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Cape Gazette NEWS FRIDAY, DECEMBER 3- MONDAY, DECEMBER 6, 2010 19 By Ron MacArthur LoCal legislators will meet with Delaware Department of Transportation Secretary Car.- olann Wicks Wednesday, Dec. 8, to discuss concerns with the pro- posed Routte 13 bypass project in the Millsboro area. Sen. George Bunting, D- Bethany Beach, learned that transportation officials have signed agreements with devel- opers who own land in the right- of-way of the preferred alterna- tive for the proposed highway. Under one agreement, Carl. T. Bochau, president of Patriot's Landing LLC, has been paid $50,000 a month in reservation payments since February 2008. The funds will be credited to- ward the final purchase price of the property should Delaware Department of Transportation (DelDOT) officials end up buy- hag it. That agreement expires in 2012. In addition, DelDOT agreed to pay developer Preston Schell, managing member of HKS3 LLC, $70,000 initially with another $10,100 per month for a parcel at Moorings at Pepper's Creek. The payment, which was scheduled Bradley Continued from page 18 eras in an exam room, in the of- fice workspace and in the base- ment, next to the patient-file stor- age area. "Thus, not only was the seizure of electronic visual imaging me- dia - that which could contain 'fries' related to Bradley's patients - authorized by the warrant, it was wholly reasonable as the exe- cution of that warrant unfolded," the prosecution skid. The defense argued that even .if police did validly seize computers and digital storage devices from Bradley's office, Det. ]ames Spillan of the state's High Tech Crimes Unit should not have opened the digital media fries tak- en from Bradley's office, because he should have known they were not medical files. At the hearing, Spillan testified the file, labeled only with the date "September 30, 2009," could be a medical file. When he opened the file, Spillan saw a video of Bradley engaged in possible sexu- al misconduct against a child. At that point, he said, he stopped the videoand sought a second search warrant seeking evidence of child sexual exploitation. In its brief, the prosecution cites a federal case and three cas- es from other states supporting Spillan's actions. "The search warrant clearly contemplated that police would open various file formats to search for evidence of rape and unlawful sexual contact with Bradley's patients. "The warrant thus authorized Det. Spillan to open the 'Septem- ber 30, 2009' video file," the pros- ecution said. "Out of an abun- dance of caution, upon discover- ing evidence of a sexual crime against a child dearly not in the context Of a pediatric medical ex- amination, he stopped the video and did not open additional files." Bradley's attorneys also argued evidence - more electronic items and digital storage devices - gath- ered from a tan shed next to the main office building should also be thrown out. The prosecution said this evidence inevitably would have been discovered when police searched the proper- ty after a second search warrant was issued Dec. 17, 2009. Police did not search any of the evi- dence gathered from the tan shed until after the second search war- rant was authorized. Judge William C. Carpenter has set no timetable on when he will decide whether to suppress the evi- dence. Bradley's trial is tentative- ly scheduled for mid-February, with an Engraved Paver for the "Wall of Honor" at Fort come to life. Engraved Pavers are $200 each, tax-deductible, including delivery For details and questions, call 302.644.0107 or visit to start in April, would continue until DelDOT purchases the property or it's determined there is no longer a need for it, accord- ing to a letter from Wicks. 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