Berea man's sexual abuse trial delayed

Nov. 09--The trial of a Berea man charged with sodomy and sexual abuse of a child under 12 years old has been delayed to allow prosecutors time to gather evidence of abuse that allegedly occurred in Iowa.

Madison County Assistant Commonwealth's Attorney Jennifer Smith has also filed a motion in the case to allow evidence of those alleged acts be heard at trial.

Smith said Alvin D. Bradley is accused of sexually abusing the same victim both in Berea and in Iowa.

The motion filed by Smith, called a 404b motion, asks the judge to allow evidence of the Iowa incidents, since Madison County prosecutors are unable to charge Bradley with those acts.

Rule 404 of the federal rules of evidence states that evidence of a non-charged crime or other act is not allowed to be used at trial to prove character, but may be allowed for other reasons, such as proving motive, opportunity, or intent.

Bradley's trial, on a class A felony charge of first-degree sodomy and a class C felony charge of first-degree sexual abuse, had been scheduled for Nov. 27. It is now scheduled for Jan. 4, 2018.

The case of a Richmond man accused of stomping on a woman and punching her in the face after kicking in the door to her home was dismissed Nov. 3 due to the witness' failure to cooperate.

The case of Eric A. Delany, of Smith Ballard Street, can be brought back to court, however, as it was dismissed without prejudice.

Madison County Commonwealth's Attorney David Smith said the witness did not return phone calls and did not continue communication with prosecutors.

According to a Madison County warrant, Delany assaulted the woman on Sept. 9, 2016. He then allegedly drove off in the victim's vehicle, which was valued at $7,050. He returned later, and allegedly punched the woman's dog repeatedly.

Delany had been charged with two counts first-degree burglary, two counts fourth-degree assault, two counts theft by unlawful taking, second-degree stalking, menacing, two counts second-degree unlawful imprisonment, and second-degree cruelty to animals.

Reach Kelly McKinney at 624-6626; follow her on Twitter @kellymckinney18.

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