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.