The Delaware Department of Justice has concluded its review and investigation of the October 24, 2009 physical altercation observed by Wilmington Police Department officers outside of Dude’s Bar on N. Union Street in Wilmington. The Department has reached its conclusion after reviewing an exhaustive investigation by Wilmington Police. The Department has reviewed all of the evidence gathered by Wilmington Police, and also conducted its own supplemental investigation in conjunction with Wilmington Police. During the course of the investigations, more than twenty-five witnesses were interviewed. These witnesses included all of the participants believed to be a part of the altercation, numerous bar patrons, on- and off-duty law enforcement officers and numerous fire fighters assigned to Station Six, which is located across the street from the bar. The investigation revealed varied descriptions of what occurred in the hour or so after 1:00 a.m. inside and outside the bar. No other evidence, such as video, that would clarify events was discovered. Alcohol consumption by many of the witnesses factored into the ability of investigators to make definitively reliable factual assessments of many of the details of the disturbance. By most, if not all, accounts the incident was initiated after an individual was refused service, but after that there was a wide variance in the detail provided by witnesses and by those who participated in the altercation and it remains unclear as to what escalated the situation into a matter where the individual who was refused service sustained a broken nose and others were left with bruises and abrasions. As many versions of the events were provided, the State had to consider numerous defenses that may apply to the prosecution, such as self-defense, defense of others, justification and mutual combat. Following its review and investigation, the Delaware Department of Justice has determined that there is insufficient probable cause to support an arrest or prosecution. # # #

Wilmington, DE – Today Attorney General Beau Biden named Charles Butler the Chief Deputy Attorney General of the Delaware Department of Justice.  Butler brings 28 years of experience as an attorney to the Department’s number two position.

                “I am pleased and honored that Charlie has agreed to serve as the Chief Deputy Attorney General,” Attorney General Biden stated.  “Charlie is a highly respected attorney who brings a wealth of experience to this important position.  I welcome his leadership and ideas and I look forward to working with him to protect our families and communities and improve the lives of Delawareans.”

Previously, Mr. Butler worked as an Assistant District Attorney in Philadelphia and served for 10 years as a Deputy Attorney General in the Criminal Division of the Delaware Department of Justice.  As a deputy, he tried several hundred jury trials, including many homicides.  As a supervising attorney at the Department, he led several specialized prosecution units and assisted in policy and organizational development within the office.

In addition to his experience as a criminal prosecutor, Mr. Butler has been in the private practice of law in the areas of corporate, commercial and bankruptcy litigation.  Most recently he has practiced in the area of criminal defense, an experience that gives him an even broader perspective on the important issues that affect the daily duties of the Delaware Department of Justice. 

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The United States Supreme Court today denied Delaware’s petition for review in Delaware v. Cooke.

In November 2009, the Delaware Department of Justice petitioned the high court to review the July

2009 split decision of the Delaware Supreme Court reversing James E.

Cooke’s 2007 murder conviction and death sentence. Attorney General Beau Biden decided that it

was in Delaware’s best interest to request review “to seek the Court’s clarification not only for this

case, but for other criminal cases across the country” as it presented “issues of profound

constitutional significance.”

“We are disappointed with the Court’s decision,” Attorney General Biden stated. “We

have consulted with the family of Lindsey Bonistall and recognize the pain they continue to

experience as this case makes its way through the judicial process. We will continue to move

forward with the prosecution of Cooke and to continue to fight for justice in this tragic case.”

A scheduling conference with the trial judge is expected to be set shortly, at which time a

new trial date will be set.

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‘We are keeping communities safe from criminals and taxpayers safe from waste and abuse’

The Delaware Department of Justice is doing more to protect Delawareans and deliver value to taxpayers than ever before despite the state’s challenging budget situation that has severely limited new resources, Attorney General Beau Biden told legislators Monday. During his agency’s annual appearance before the Joint Finance Committee, Biden pointed to achievements ranging from his Child Predator Task Force, which has conducted 100 investigations and educated more than 20,000 children on Internet safety, to his office’s efforts to crack down on Medicaid Fraud, which have tripled the amount of taxpayer dollars recovered in the past three years. “We are keeping communities safe from criminals and taxpayers safe from waste and abuse,” Biden said. “The Delaware Department of Justice has fewer prosecutors today than when I took office three years ago, but that has not stopped us from taking more dangerous criminals off the street, targeting those wastefully spending the public’s money or protecting homeowners from those seeking to prey on them during these challenging times.” In 2007, the Department recovered about $667,000 from Medicaid fraud investigations. Last year, thanks to increased investigation and enforcement, the agency collected nearly $1.8 million. The national economic downturn has hit Delaware homeowners hard, and Biden has directed the Department to help Delawareans experiencing difficulty staying in their homes. The Attorney General’s Mortgage Fraud Task Force, launched in 2009, has educated homeowners to avoid scams and raised the awareness of fraudulent activity within communities. The Department saw mortgage fraud reports triple after the Task Force’s creation. The Task Force has helped 70 families stay in their homes, and its work led to the recent announcement of one of the largest mortgage fraud indictments in Delaware history and action against one of the nation’s largest homebuilders. “We wake up every day focused on protecting Delawareans and ensuring the laws are enforced,” Biden said. “These tough economic times are making our jobs harder, but we are rising to the challenge.” # # #

 

Attorney General Beau Biden announced from the headquarters of the DelawareChild Predator Task Force that the Sussex County Grand Jury today indicted Lewes Pediatrician

Earl Bradley for the rape and sexual assault of more than 100 child victims between 1998 and

2009. The 471-count indictment contains charges of Rape 1

st Degree, Rape 2nd Degree, SexualExploitation of a Child, Unlawful Sexual Contact 1

st Degree, Unlawful Sexual Contact 2nd Degree,Continuous Sexual Abuse of a Child, Assault 2

nd Degree, Reckless Endangering 1st Degree, andAttempted Rape 1st Degree.

“I know that today’s indictment will reopen painful wounds and open new ones for a

Lewes and Sussex County community that has been deeply traumatized,” Biden said. “As I have

said before, we will prosecute this case to the fullest extent of the law. As a prosecutor, I am

bound by certain rules that limit what I can say in the midst of an active investigation. I cannot

say certain things that I am feeling, and I am feeling a great deal. I am determined to see that this

defendant will never, ever be in a position again to hurt another child.”

Today’s indictment is based on video evidence seized by law enforcement during the

execution of search warrants at the defendant’s home and office in December, 2009. The many

video files seized show the defendant in the act of assaulting his victims. The indictment alleges

that 103 individual children were victimized. If convicted as charged, the defendant faces a

mandatory sentence of life in prison without the possibility of parole.

This indictment is the result of a year-long investigation. In December, 2008, Delaware

State Police responded to allegations of sexual abuse against Dr. Bradley by opening an

investigation, which remained open and active throughout the remainder of 2008 and 2009, until

they arrested him on December 16, 2009 and executed a search warrant at his medical practice.

After Bradley was arrested, search warrants were executed at his home and office that uncovered

the evidence that resulted in today’s indictment.

During the course of the ongoing investigation, the Delaware Department of Justice,

working with the Delaware Child Predator Task Force, Delaware State Police, and other agencies

has reviewed and analyzed the substantial amount of evidence that was seized, including more

than 13 hours of video files, computers, hard drives, and other digital storage media, and more

than 7,000 of the defendant’s individual patient files.

Biden explained that a team of national experts on child sexual abuse has been assembled

to assist parents, victims, and community members, and to assist in the investigation. He also

reiterated the many resources that the Delaware Department of Justice and other agencies are

making available to victims, families, and members of the community. These resources include:

1.) The Delaware Department of Justice continues to provide services for victims and their

families through the Delaware Department of Justice Lewes Community Office, at

(302)645-4010
. Parents can also visit this office onsite at 105 W 4th Street, to request a copy of
their child’s pediatric file, share information about the investigation, and be connected with

counseling and other services that are available. Normal hours of operation are 9:00 a.m. –

5:00 p.m. Monday through Friday, and 10:00 a.m. – 2:00 p.m. on Saturdays, but the office

can accommodate appointments at other times.

2.) The Delaware Department of Justice has recently sent more than 3,000 letters to parents

and/or guardians of Dr. Bradley’s current and former patients. The letters, provided in

both English and Spanish, notify families of the criminal investigation and inform them of

victim services that are available. They also ask families to assist investigators in

identifying victims and to provide photographs of their children from each year they were a

patient of Dr. Bradley.

3.) The Delaware Department of Justice, Delaware State Police, and other agencies are

coordinating specialized services for victims and their families. Concerned parents and

caretakers are urged to contact the Delaware State Police 24-hour Victim Services Hotline

at 1-800-VICTIM-1 (1-800-842-8461) or send an e-mail to a specially-arranged Delaware

State Police address –

victim1@delaware.gov. Callers will speak with a Delaware StatePolice victim service advocate qualified to provide important information and make

appropriate referrals. They may also be directed to financial assistance provided for

counseling and other services through state programs, including the Delaware Victims’

Compensation Assistance Program.

Individuals who have information to provide in this case are urged to call Delaware State

Police detectives at (302) 856-5850, ext. 216. Parents of patients or former patients of Dr.

Bradley, regardless of the age or gender of the child, are asked to come forward.

The Delaware Department of Justice reminds the public that an indictment is merely an

allegation and is not evidence of guilt. Defendants are presumed innocent and are entitled to a

jury trial at which the state bears the burden of proving each charge beyond a reasonable doubt.

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