(Michael) Malloy also in his petition filed Tuesday is asking that President Judge Kenneth Clouse step down from hearing the matter. A hearing on issues related to the Chadwick matter is set for Nov. 30.
Malloy refers to Clouse’s requesting a criminal investigation by the district attorney’s office concerning a letter from Delaware attorney Carl Fernandes to Chadwick in which mention was made about opening an account in the Cayman Islands.
Malloy is not contending that there was anything wrong with asking for the probe in which the district attorney’s office "determined that there was no evidence of any past, present or future criminal activity related to the correspondence or the bank checks contained therein."
Malloy is charging, however, that neither Clouse nor Momjian advised "counsel for the defendant, or more importantly the Special Master A. Leo Sereni, of their knowledge or possession of said information prior to questioning (Chadwick) or Master Sereni" at a hearing.
Malloy contends that Clouse and Momjian were aware of the account as well as the letter forwarded before a Sept. 20 hearing at which Chadwick took the stand.
"That at the time of said hearing the aforementioned correspondence from Carl Fernandes, Esquire, to the defendant and the contents thereof, were known to, and reviewed by and in possession of plaintiff’s counsel Albert Momjian, Esquire, and President Judge Kenneth Clouse," stated Malloy."That the actions of President Judge Kenneth Clouse in failing to disclose the documents material and/or relevant to the investigation of the Court-appointed master, failing to advise the defendant or the defendant’s counsel of the requested criminal investigation into the defendant’s activities, permitting the questioning of defendant and the master as it related to said documents infringing upon defendant’s constitutional rights, gives the appearance of impropriety and suggests a lack of neutrality in the proceedings as to warrant a recusal of (Clouse) from presiding over these proceedings," stated Malloy.
Judge Clouse was unavailable for comment.
Malloy contends that the Fernandez letter was for "planning purposes" in the event Chadwick was released. "No such account was established, and the attorney (Fernandez) did not further pursue the matter. Indeed, if, as plaintiff argues, Defendant has monies deposited in foreign accounts, there would be no need for him to obtain advice about such an account."
Daily Times 11/23/05