DOVER, Del. – A Delaware judge has rejected an appeal by a former pediatrician serving life in prison after his conviction on several counts of raping young patients.
Superior Court Judge William C. Carpenter Jr. dismissed Earl Bradley’s final appeal on procedural grounds Thursday.
In his appeal, Bradley cited 24 grounds for relief, including ineffective assistance of an attorney, judicial error, violation of his constitutional rights, and perjury by a detective.
Carpenter noted that the appeal was Bradley’s second motion for post-conviction relief. The subsequent movements of that type are procedurally barred unless a defendant can satisfy one of the two exceptions. The first concerns the pleading with particularity that new evidence exists, creating a strong inference that the defendant is innocent. The second is to show that there is a new rule of constitutional law, made retroactive to pending appeal, is applicable to the case and make a conviction void.
Carpenter said Bradley’s appeal had failed to meet the exception, but was instead mainly focused on the ineffective assistance of a lawyer, and challenges for the seizure and the admission of evidence that were rejected in earlier decisions of the court.
“Further, it is difficult for Bradley to claim that he is innocent here, as he recorded on video the offences for which he was sentenced,” Carpenter wrote.
Carpenter, who refused a request from Bradley to recuse himself from the case, also noted that Bradley has never expressed any remorse “for the devastating damage he inflicted on the young and helpless victims.”
“Instead, Bradley continuously attempts to blame others for the current situation, who claimed that he was treated by the court, the police, or his counsel,” the judge wrote. “The truth is that Bradley is treated fairly at all stages of this trial, and he alone is responsible for his incarceration.”
Bradley, who waived his right to file a lawsuit after a motion to suppress evidence was denied, was convicted by a Carpenter in 2011.
Bradley is currently incarcerated in Connecticut after the transfer of a Delaware prison last year. In the decision to transfer from Bradley, the Department of Correction pointed to the influence he has had on many Delawareans, including employees and other inmates in Delaware’s maximum security prison.
According to court records, police were able to document more than 100 incidents of sexual abuse by Bradley. The prosecutors presented 89 separate incidents captured on video recorded by Bradley between 1998 and 2009, with 86 individual children.
The vast majority of the victims were babies and toddlers, with an average age of about 3.
In 2012, the Delaware Supreme Court rejected Bradley’s argument that home made video tapes to show him that brutal attack patients were seized illegally because the police used a defective search warrant.