The Motion for new trial...went to Dade co. and then to State Court of Appeals

Part One
Statement of Proceedings Below

(let me just say this, Len Gregor lied to the Grand Jury to get the indictment. He told them that there would be 2 people testifying against Brad for this that were not. One of them doesn't even know Brad (we have spoke to him since) and the other is Brad's Pastor. Who has supported Brad in his innocence from day one)

Bradley Wade was charged in a four count indictment on March 8, 2007, as follows:
Count one charged with a violation of O.C.G.A. 16-6-4(a) the offense of child molestation, between January 1, 2005 and December 31, 2005, that Wade did commit an immoral and indecent act to JH, a child under the age of sixteen years, with the intent to arouse and satisfy the sexual desires of said accused by touching said child's penis with his hand; Count Two charged Wade with child molestation O.C.G.A. 16-6-4 (a), same dates as count one, alleging that Wade asked JH to show Wade his penis. Count Three charged Wade with the offense of child molestation, O.C.G.A. 16-6-4 (a) same dates, by asking JH to masturbate in the presence of Wade; Count Four charged Wade with the offense of sexual battery O.C.G.A. 16-6-22.1 same dates, in that Wade did make physical contact with body parts of JH without JH's consent. Wade was convicted on all counts, after a trial by jury which took place in the Superior Court of Dade County before the (using this term lightly) 'Honorable' Kristina Cook Connelly Graham, (who was not even legally sanctioned at the time) on May 14th-17th, 2007. Wade was represented by Chattanooga attorney, Martin Levitt. (who we have recently been told by several atty's that he basically rolled over on Brad). The state of Georgia was represented by ADA Len Gregor.

At the conclusion of the State's evidence, counsel for Wade made an oral motion for a directed verdict of acquittal on the following grounds: (1) that the State had not proven its case by proof beyond a reasonable doubt; (2)that all four allegations consist of one offense, in that in order for the masturbation to take place, JH would have to show his penis and talk about his penis, citing the case of Burrell vs. State, an armed robbery case where the state should have been made to elect counts to go to the jury due tot he overlapping nature of the charges; (3) that the state should elect counts because there is no specificity of dates and it is hard to defend a person and prejudicial to the defendant if he {the victim} says he {the perp} did it three times or fourteen times. Tr. Tr. 376-382. The motion was denied. Tr. Tr. 382. A second motion made on the same grounds was also denied. Tr. Tr. 494-495.

Wade was convicted on all counts of the indictment. {Tr. Tr. stands for Trial Transcript}
Represented by new counsel, Linda S. Sheffield, Wade's sentencing took place on March 6, 2008. (been in county jail this whole time). Wade was sentenced to 20 years to serve 10 years, with Count Four merging with Count One.

Wade filed his Motion for a New Trial in March of 2008. Index to record 62. In August 2008, Wade filed a First Supplemental Motion for a New Trial, after receiving additional information from the files of the District Attorney. Index to Record 106.

The Motion for New Trial of Defendant, Bradley Wade, was heard before the 'Honorable' Kristina Cook Connelly Graham on the 6th day of November, 2008. At the conclusion of the hearing, the Court ordered the parties to file briefs in support of their position. Index to Record 135. Post Trial Brief Defendant Index to Record at 136. On June 18, 2009 the Motion for a New Trial was denied. (It took Judge Connelly 7 and 1/2 months to make her decision)

On June 23, 2009 Wade's Notice of Appeal was docketed in the Superior Court of Dade County, appealing, inter alia, from the Order denying Defendant's Motion for a New Trial entered on about June 18, 2009. This is an Order from a final judgment of a Superior Court. The record was not filed with this Court until September 2009. The two sentence Order of Judge Cook Connelly Graham (Index to record 208) was entered during the period of time the file was lost. The file was located in an office previously occupied by Judge Cook Connelly Graham's law clerk, who was out of state caring for her sick mother.

Tomorrow: STATEMENT OF MATERIAL FACTS