REST OF PART ONE

STATEMENT OF MATERIAL FACTS



Bradley Wade was married to Rhona Wade, who is the sister of the young man, JH, who claimed to have been molested by Wade. Two children were born from that marriage, PW and BW, twins, who were two years old at the time of the events which were alleged by the State in this case. Tr. Tr. 44. Wade was previously married to Carolyn (now) Drew, and they had two children, AW and Brooke. AW was twelve and Brooke fourteen when the events alleged in this case were said to have taken place. Bradley and Rhona lived in Wade's Flat Rock, Alabama house, which he owned prior to their marriage, a small two bedroom A-frame in Dekalb County Alabama (Tr. Tr. 31). The master bedroom and bath upstairs were located in a loft area, and the second bedroom and bath was on the main level of the house, where the kitchen, family room and dining room were also located, in an "open" floor plan. Tr. Tr. 71-77. Photos included as Exhibit.



JH was 14-15 years old at the time of the events alleged in the indictment; JH lived with his mother, Kathleen Williams, in Flat Rock, Alabama, but he visited Bradley and Rhona's home often because Bradley had a son, AW, who was 12 years old, who became a close friend of JH's. The homes of Bradley Wade and Kathleen Williams were within 10 miles of one another. AW who lived with his mother, Carolyn Drew, in Wildwood, Georgia. When Wade went to pick up AW, he had to enter the State of Georgia to get to the house in Wildwood.



Parties related to JH, some testifying at trial, were Eric Casey, JH's half brother (pay attention, this will get confusing) whose full blooded sister is Melissa Giles; Christy Wooten, his (JH's) oldest half sister Tr. Tr. 25, who is Rhona Wade's full blooded sister Tr. Tr. 26; MH(minor), his (JH's) full blooded sister with whom JH shares the same father (Randy Holland) and mother. Tr. Tr. 23-25. His (JH's) step-father is Billy Williams, his mother's fourth husband. (That we are aware of)



It was the trial testimony of JH that Bradley Wade was like a father figure to him (Tr. Tr. 40). They wrestled and watched movies together, but most of the time spent at Brad and Rhona's house was spent playing with Brad's son, AW. Tr. Tr. 40-41. JH and AW, Brad's son were best friends, and they saw each other frequently at Brad and Rhhona's home in Dekalb County, Alabama. Tr. Tr. 35-36. In 2004 JH began having seizures. Tr. Tr. 36. He went to the hospital and was diagnosed with epilepsy. Tr. Tr. 36-37. He was put on the medication, Kepra, 2000 milligrams a day. Tr. Tr. 36-38. As part of his treatment for epilepsy, JH was asked by his doctors to keep a diary. Tr. Tr. 39. Because of his medical experience and background, Bradley Wade was involved in the keeping of the diary. See MNT Hearing Exhibit....these are emails between Bradley Wade and the medical personnel treating JH.



At trial, JH made numerous claims of molestation ( touching, masturbation, grabbing privates while wrestling, being asked to masturbate) taking place in Alabama at the home of Bradley and Rhona Wade. According to JH, his sister, Rhona, was in the house at the time these act took place. JH claimed that he and Brad wrestled in the hallway by the back bedroom while Rhona was on the couch in the living room. Tr. Tr. 47-49. JH claimed that when Brad checked his penis in the shower that it was only he and Wade ( Tr. Tr. 49), while AW claimed that he was in the bathroom with JH when Brad Wade entered the bathroom. (Tr. Tr. 161).



In fact, AW recollected that he was in the car with JH and his father when Wade allegedly asked JH to masturbate, and that this took place in Alabama. Tr. Tr. 160. AW claimed it was shocking yet he and JH never discussed it. Tr. Tr. 161. AW wanted JH to be over at his dad's "every chance.....because we were best friends and got along well." Tr. Tr. 164.



JH testified there was no masturbation in the car.



In a 5/22/06 interview with investigator Cooley, Carolyn Drew reported that AW had told her he was in the shower with JH when Brad came in and pulled back JH's foreskin telling JH he needed to clean it. OUTCRY



1. Easter 2006, JH told half brother Eric that Brad made him ejaculate in front of him.

2. Spoke to Eric and Christy the next morning-they asked him a lot of questions; also spoke to Miss Stacy Long.

3. That's all JH told Eric; after that it "Moved on th lawyers and stuff.



The acts which took place in Georgia involved allegations that Wade asked JH to show him his penis, and Wade would grab it to be sure it was clean. According to JH this activity took place on the interstate with Wade as they went to pick up AW at his home in Wildwood, Georgia. Tr. Tr. 50-52. The other acts alleged to have taken place in Georgia involved Wade telling JH to show him his penis while on the interstate. Tr. Tr. 49-58. ( Keep in mind folks, AW lived with Brad and Rhona for 10 months of the year 2005, so how many of those Wildwood trips do you think he would have made??)



JH and AW tried to lock themselves in the bathroom to shower when they were at Wade's house. Tr. Tr. 165. Notes from the Relationship Center, where AW underwent therapy, show that his mother reported that he inappropriately touched his eight year old half sister. AW defended the touching by saying she kicked him in the crotch. He tearfully admitted that he longs to have an intact family and resents his half sister because she has one. AW had been suspended from school five time; he has chronic anger issues. When AW and his sister Brooke, rode back from Indiana with his "cool aunt", Tracy Ezernack, his mother reported to investigator Cooley on 5/22/06, that AW told her "out of the blue" that JH knows a lot about sex and has exposed his penis to AW thinking it was funny. AW also said JH knows a lot about phone sex. Brad had asked Carolyn prior to this, if AW had said anything to her about JH "messing" with him. Carolyn Drew reported that she walked into the bathroom when AW was eight years old and saw him masturbating. Another witness told our (and prior counsel's) investigator(s) that her son, (MINOR) saw porn at the Drew's house with AW, that AW rubbed his penis against a wet dog, and that AW masturbated.



On 11/20/06 the clinical psychologist received a phone call from AW's mother concerning his continued inappropriate touching of his half sister, AD, age 8, by his rubbing her chest and butt for the past year. He also tries to touch his teenage sister's breasts (Brooke), singing a morbid lullaby. At an 11/27/06 counseling session, AW denied inappropriate behavior. See reports and counseling sessions, 11/06/08 MTN D. Exhibits 17,18,19. None of the sexual conduct of JH and AW came out at trial due to the Court's pre-trial ruling that the Rape Shield Statute disallowed it. Evid. Hear. Tr. 137-139.



Although a police report was made in Alabama, the only prosecution of Wade took place in Dade County, Georgia.



NEXT IS PART TWO AND ENUMERATION OF ERROR





Now this is just me talking for a minute here........

Rhona never told the people in the two Alabama counties about seeing anything, but when she got to Dade County, she all of sudden remembered that about "a year prior to the allegations, she got up in the middle of the night and saw Brad kneeling over JH rubbing his back and Brad was naked". She didn't remember this until she got to Dade. And she just turned around and went back to bed and said never said a word about it. She continued to have her brother over 6 and 7 days a week after she supposedly witnessed this. Now people, really???? Can you even believe she said that??? And when asked why she didn't tell this to the Alabama authorities, under oath she said, "they did not keep in touch with me like Jennifer Cooley did".