From DW's 4+ pages of notes from the Bradshaw modification hearing this morning:
In March, Commissioner Steven Bradshaw requested a modification hearing regarding the protection order that was issued in favor of Asia Williams in 2023.
At 9am today, Judge Julian heard arguments from Cardona to request “modifications”.
Many of the usual commissioner meeting attendees were present, including Commissioner Omodt.
Commissioner Williams made some “housekeeping” requests prior to the proceeding being heard, one of which was to disallow any witnesses to be called from being in the courtroom. That request was denied, as Judge Julian stated he would be taking witness statements.
Bradshaw (through his attorney, Mauricio Cardona) argued that this was a political issue, and that the order was being practiced under “Domestic-Violence of Protection Order” with Deputies and the Sheriff involved. He argued that this has resulted in an impact on his political running for office, his ongoing and personal relationship with staff, stating those were being infringed upon. He requested that the order be stopped.
The Judge stated that the Respondent (Bradshaw) was a commissioner at the time the order was mandated and was drafted in such a manner as to allow for his function as a commissioner with modifications for the well-being of the petitioner in mind.
Cardona argued that Bradshaw feels this has limited him in his duties and feels that it is “too much”.
The judge then stated that the “chips will fall where they may.”
Cardona had a two-prong argument, 1) that nothing has happened since the incident that caused the order, and 2) the domestic abuse piece makes the interests not balanced with respect to Bradshaw’s oath and duties. Cardona argued that the case was being treated like a domestic violence offense.
The judge stated that he has no interest in politics, and that even police officers are subject to no contact orders with firearm removal, and that a loss of jobs happen with firearm removals or carrying limitations.
Cardona stated, “we no longer feel she is in danger’ with the judge responding, “because the protective order is in place!” The judge stated again that he did not want this to be political in any way.
Cardona for Bradshaw summed up that they want the cancelling of the order, access to his office, and access to the employees. They believe the proper channel is through criminal law.
Judge Julian stated that this is NOT a domestic but was/is based under stalking and violence.
Cardona attempted to persuade the judge that this is a law enforcement issue, and that there was no way around it that the real world is not in line with the interpretation of the order, and that Bradshaw wishes the order to be not crafted under the domestic violence act. He further stated that the respondent (Bradshaw) wishes to have his freedom of speech, and that he has been forced to abandon his duties. He stated that it resulted in immediate action from law enforcement. He argued that the candidacy of Bradshaw is now an issue, and that Williams will now enforce the order to prevent Bradshaw in an attempt to limit his campaign. As an example, she is holding a meeting in a place that disallows him attending, and Bradshaw wishes to attend her political meeting. He stated that it was limiting Bradshaw’s association with the public. He argued that they have no personal interaction with each other, and that their only triggers for interpersonal action are political and work related. They wish the judge to terminate the order.
Judge Julian then requested to hear from Commissioner Williams.
Cordona objected that documents from Williams were late and should not be allowed. Asia noted to the judge that her father had passed, and documents from Bradshaw’s records were also late, related to improper delivery. The respondent attorney objected to the Williams record from Prosecutor Marshall’s written opinion on how the county is dealing with the order.
The judge allowed the records from both Williams and Bradshaw.
Commissioner Williams recapped some issues since the protection order was put in place. She related that after the order was drafted last August when, after hearing testimony and evidence, the court ruled that it was necessary and appropriate to issue an order of protection. She relayed that she was notified that Bradshaw immediately went to the county offices from that hearing, in violation of the order. She stated she was not in the administration building at that time and would not return that day. She argued that Mr. Bradshaw was an elected person when the court considered its original order. She stated that she, as the victim, is required to sit in a room with a man who threatened her life. She noted that Bradshaw stated he was not attending the Idaho Association of Counties meeting in January, then went. She attended and was confronted with his presence. She did not call the Sheriff’s as was reported, she contacted Prosecutor Marshall to inquire if his presence with her in attendance was a violation of the protection order. Marshall’s opinion was that he believed this was likely a violation of the order. Marshall called Sheriff Wheeler, who contacted the Kootenai Sheriff’s office.
With respect to his inability to attend a function because of the order, Commissioner Williams stated that she is holding a event for elected officials and those running for office, and that she provided an opportunity for Mr. Bradshaw to be included via text informed Mr. Bradshaw that she would accommodate him by having him appear via zoom, video or telephonically. Further, in April of this year, the Bonner County Central Committee had a meeting. She reached out to Prosecutor Marshall to ask what his interpretation was with this type of meeting. She was prepared to have a proxy vote for her if Prosecutor Marshall stated that Bradshaw would have been ok to attend. She she has tried to accommodate him in a reasonable manner.
Williams noted that Bradshaw has had no change in his demeanor with her since the initial threats, and that he did not deny the threats in the initial hearing. Mr. Bradshaw on more than one occasion skirted the court order to submit to weapons searches. She argued that he should feel that he is limited after threatening to shoot a person, and that he believes that he should be able to continue as normal, regardless. She emphatically stated, “I should not be victimized repeatedly”, nor suffer stress and anxiety related to the death threat. She requested that the order remain in place, and that in fact she wishes it to be extended to the end of Bradshaw’s term.
Cardona stated there was no interaction of a personal nature, only interaction in the scope of their work. He stated he does now deny he made the threats. He further stated that he only attends functions in his official capacity where they are both present. He argued again that he is hampered in the election and must pay for a private attorney. He wants his “constitutionally guaranteed right” to campaign for office.
Judge Julian stated that he has no doubt that Bradshaw is being limited. “When you misbehave criminally and civilly, you ARE impacted!” “Let the chips fall where they may.” Judge Julian further stated that he made threats TWICE to shoot her, and that “it was coming back to bite him.” He stated that the protection order remains in place without change. He stated that as to where Bradshaw can rightly go with respect to the protection order, when in doubt consider and to error on the side of caution, and if he cannot attend, that’s “just too bad.”
Judge Julian denied Williams’ request to extend the order, and that it would stand as issued.
