2d ruling leaves ex-police Capt. Brady off the hook
November 8, 2002

For the  second time in six months, a judge has thrown out all criminal counts against  former Philadelphia Police Homicide Capt. James J. Brady, putting an end to  charges that he covered up a car accident after a night of  drinking.

Also yesterday, Common Pleas Court Judge Joyce S. Kean tossed  out the most serious charges against former Capt. Joseph J. DiLacqua, who also  was charged in the case. He now faces only misdemeanor counts.Kean ruled that  prosecutors failed to present sufficient evidence to take felony conspiracy,  obstruction and insurance fraud charges to trial.

"There were innuendos  and suppositions - no evidence," Kean said. She added that Municipal Court  Senior Judge Francis P. Cosgrove acted correctly in May when he issued an  identical ruling after a lengthy preliminary hearing.

Prosecutors  rearrested the pair after Cosgrove's ruling, effectively appealing it to  Common Pleas Court.

"The commonwealth has failed to sustain the  charges," Kean ruled, saying she had reviewed the preliminary hearing  transcripts and legal briefs. The prosecutors' appeal rested on the record of  the hearing. They presented no witnesses or testimony yesterday.

In a  statement, District Attorney Lynne M. Abraham said: "We believe we met our  burden on all of the charges. Two judges disagreed. Therefore, we will not  appeal to Superior Court.

"We will proceed to trial on the remaining  charges against Joseph DiLacqua."

Brady's and DiLacqua's attorneys  hailed Kean's decision.

"We believe, today, the system worked. It's a  great relief for my client and his family," said Brady's lawyer, Brian  McMonagle. "I think this judge did the right thing, and Judge Cosgrove did the  right thing. . . . They came to the same, inescapable conclusion that there  wasn't a crime here."

Brady and DiLacqua quickly left the Criminal  Justice Center after the ruling and declined to comment. At least two  high-ranking police officers attended to support their former colleagues:  Chief of Detectives John Maxwell and Homicide Inspector James Boyle chatted  with Brady and DiLacqua outside the courtroom.

Brady, 48, resigned  shortly before the men were arrested in January. At the time, he was the  commander of the prestigious Homicide Division. DiLacqua, 54, was subsequently  fired.

Prosecutors argued that on Feb. 12, 1998, Brady and DiLacqua  conspired to stage an accident after Brady spent the night drinking beer with  other homicide detectives at Finnigan's Wake, a bar on Spring Garden  Street.

A few blocks away, Brady - who, according to Internal Affairs,  had left in the bar his briefcase, which contained his revolver and cell phone  and a confidential murder-case file - struck a parked car and continued  driving. He was stopped in North Philadelphia by a police officer who noticed  extensive damage to the front of Brady's unmarked police car.

The  conspiracy, according to prosecutors, began after DiLacqua arrived on the  scene.

At the May hearing, two rookie police officers testified that  DiLacqua ordered them to move Brady's crumpled car against a Market-Frankford  El pillar. DiLacqua then ordered one of them to write a police report  indicating that a reckless driver had forced Brady off the road, the officer  testified.

Defense attorneys contended that there was no conspiracy.  Furthermore, neither rookie officer overheard Brady and DiLacqua's lengthy  private conversations at the scene.

DiLacqua "made no attempt to cover  up. I think he told everybody what Brady told him," Fitzpatrick said, adding  that on the night of the accident, Brady was injured by the air  bag.

Brady was not impaired before the accident, his attorney said. "He  wasn't intoxicated. He wasn't drunk. He was the victim of an accident,"  McMonagle said.

DiLacqua ordered an officer to drive Brady home without  administering a sobriety test, according to testimony.

McMonagle said  his client suffered a concussion, but two police officers testified in May  that on the night of the accident, Brady seemed shocked and tired but did not  request medical attention.

The incident was investigated by Internal  Affairs and the results forwarded to then-Police Commissioner John F. Timoney,  who gave both officers 20-day suspensions without pay. The District Attorney's  Office reopened the investigation last year after The Inquirer reported  details of the accident.

Fitzpatrick said Kean should have thrown out  the entire case against DiLacqua. "He still doesn't believe he committed any  crimes," Fitzpatrick said. If cleared of the misdemeanors - tampering with  public records, obstruction, and other charges - DiLacqua plans to seek  reinstatement, Fitzpatrick said.

McMonagle said yesterday that Brady  has no interest in returning to the department.

"The whole experience  has left him rather bitter," McMonagle said. "It's been four years of hell.  He's been held up for public ridicule; he had to give up a job that he  loved."

Contact Jacqueline Soteropoulos at 215-854-4497 or  jsoteropoulos@phillynews.com.