Monday, February 10, 1997

[IN] Officer Russel Brady - Acquitted of Candee Deiotte Brady's murder

Did Officer Russel Brady get away with the murder of Candee Deiotte Brady?
Indiana Railroad Officer Russel Brady


Head tilt #1: Porter County Judge Bradford's denial of prosecution's use of crucial evidence in murder trial. [Ahem - Judge Bradford as in: Magistrate Johnson who fails to protect domestic violence victims in the divorce cases he handled for his boss / Judge Bradford.]

Head tilt #2: "The two met under tragic circumstances. Brady, then a railroad officer for EJ&E, was investigating the murder of Candee's cousin, Carolynn Fletcher, 31. Her murder, along the railroad tracks where she worked as a car inspector, also is unsolved." [Finding the body - Post-Tribune (IN) - 02231998]









Cook of the Week. Tailgate parties. Kick off the game with Candee and Russ Brady, Portage
October 21, 1993 12:00 am
JUDITH LEE BIRTH
NWI Times
http://www.nwitimes.com/uncategorized/cook-of-the-week-tailgate-parties-kick-off-the-game/article_d127086d-e242-5805-99e6-a81feef9b793.html

Candee and Russ Brady love sports, da Bears, and getting together with their friends.

"Tailgate parties are a terrific way to enjoy all our favorite pastimes," says Candee.

For a typical tailgate party, Candee might mix up a double batch of her unique, tasty Olde Settler Beans and stir up a pot of her Special Barbecue.

"We pack the grill, and of course, the beer. Each of our friends bring a different dish for all to enjoy. We generally eat right before the game. Well, sometimes the guys wait until halftime...if the game's about to start, they just can't be bothered."

The Bradys usually drive their pick-up to games and cook in the bed of their truck.

Candee and Russ have both been active in sports since childhood. "I grew up, a tomboy," recalls Candee. "The neighborhood boys would come knocking at my door, and I'd play basketball, softball and football with them. In high school, I ran track and played baseball."

Russ also played baseball in high school and is a fan of most sports.

While the couple gets a kick out of teaming up for the tailgate party cooking, most of the time they cook solo. Due to conflicting work schedules, Candee cooks on weekends and Russ prepares dinner during the week.

Russ began gathering his cooking tips while working at Freddy's Steak House in Hammond. They came in handy a bit later when he found himself cooking for nearly 400 servicemen while in the Marines.

His specialities include Arabian Pork Chops, Teriyaki chicken, and his own stuffed mushrooms.

"I like creating unusual dips," says Candee. Her friends rave over her hot clam dip and her spicy Mexican dip.

The Bradys shared four dynamite tailgate party recipes. They assured me, each one of them is a surefire win.

OLDE SETTLER BEANS
1/2 lb. ground beef
1/2 lb. bacon
1 small onion, chopped
1 can kidney beans with juice
1 can Northern (white beans) with juice
1 can pork 'n beans
1/2 cup granulated sugar
1/4 cup ketchup
1 tsp. mustard
2 Tbsp. molasses
1/2 cup brown sugar

Brown beef and drain. Brown bacon and onions and stir them into the browned beef. Do not drain. Mix all other ingredients together. Add the meat and onion mixture and heat on top of stove.


CANDEE'S SPECIAL BARBECUE
2 lbs. ground round
1 large onion, chopped
5 Tbsp. vinegar
1/3 cup brown sugar
5 Tbsp. Worcestershire sauce
1 tsp. mustard
1 cup ketchup
1 cup diced celery

Fry up the ground round with the chopped onion and drain. Set aside. Mix all the other ingredients together and simmer this sauce on the stove for 20 minutes. Add in the meat and onion mix and heat through. "A great take-along for tailgate parties when you don't want to grill."


HOT CLAM DIP
4 3-oz. pkgs. cream cheese
3 7 1/2-oz cans minced clams, rinsed and drained
1 1/2 tsp. Accent
Apx. 15 squirts Tobasco sauce (or to taste)
1 tsp. Worcestershire sauce
5-6 green onions, chopped
2 Tbsp. fresh lemon juice

Beat all ingredients together except the clams. Store overnight in fridge.

Fold clams into dip. Heat and serve with large (dip-size) Fritos.



ARABIAN PORK CHOPS BY RUSS
6 medium thick, center-cut pork chops
garlic salt
6 tomato slices
6 onion slices
6 green pepper rings
6 smaller red pepper rings chopped
green onions and chives, mixed
parsley for garnish
lemon (wedged)

Season chops well with garlic salt on both sides. Place chops on a medium hot grill. Let cook for 7-9 minutes. Turn chops and let cook for 4 minutes.

Place 1 slice tomato, 1 slice raw onion, and 1 green pepper ring on top of fully cooked side of chop in that order. Place a small red pepper ring on the top of each green ring. In the middle of rings, top off with a mixture of chopped green onions and chives. Cover grill and cook another 3-4 minutes.

Garnish with parsley and twist of lemon. "You're all set."















Portage woman strangled
How to help
February 12, 1997 12:00 am  
KEN KOSKY
NWI Times

Anyone with information about the murder of Candee J. Brady is asked to call Portage police at 762-3122.

Timeline
10:20 p.m. Sunday: Russell Brady leaves for work.

Late Sunday or early Monday: Candee Brady is strangled.

8 a.m. Monday: Hobart Wal-Mart employees call Brady home to check on Candee Brady. No answer.

8:45 a.m. Monday: Russell Brady returns home and police are called.


PORTAGE - Candee J. Brady lay dead on the kitchen floor of her home for at least eight hours before her husband, who had been at work, returned home and had a neighbor report her death.

Police responded to the call at 8:53 a.m. Monday morning and found the 42-year-old Portage woman lying with a plastic bag over her head.

An autopsy Monday night in South Bend showed the woman's neck was bruised and that she was strangled with a rope, cord or similar device. Police are investigating it as a homicide.

"Her husband said he last saw her at about 10:20 p.m. Sunday, before he went to work," said Portage Police Capt. Roger Peele.

Around that time, or a few hours later, Brady was strangled. The exact time of death cannot be determined, but the coroner's office checked variables such as body temperature and extent of rigor-mortise to determine an approximate time of death.

"We believe it was in excess of eight hours (before the death was reported).

We can say that safely," Coroner John Evans said.

Brady's husband, Russell Brady, 49, told police he returned Monday morning from his job as a railroad police officer for Indiana Harbor Belt in Hammond and discovered his wife dead.

Portage police then were called to the couple's home at 2203 Kennedy St.

Officers secured assistance from a state police evidence technician and began investigating.

"It's still under investigation," Peele said Tuesday.

"I have six detectives working on it, questioning him (her husband), all family members and close friends. ... It appears there were no signs of forced entry into the home. That's why we're looking at family and friends."

Police also canvassed the neighborhood, hoping to find someone who might have seen something suspicious.

The victim was not sexually assaulted. Peele said a gun and $200 cash were reported missing from the home, but he doesn't think the murder was the result of a burglary gone awry.

The Bradys had one large dog and two medium-size dogs. At least one of the dogs was "very protective," Peele said. But someone who apparently knew all three dogs locked them in the front bedroom of the home before Brady was killed, Peele said.

The last time Brady was seen alive was Sunday night, by her husband. Police said both Bradys were previously married to other people.

Police were told Candee Brady had no recent conflicts with her ex-husband.

Police said Russell Brady's ex-wife was taking him to court to collect child support.

Family members said the Bradys fought in private, but Portage police have no records of any domestic disputes at the home. The only calls to the area involve complaints about the Bradys' dogs barking, or in one case, biting someone.

Police said Tuesday they were still trying to determine what may have led to the murder.
















Obituaries
Candee J. Deiotte-Brady (nee Morris)
February 12, 1997 12:00 am
NWI Times

Candee J. Deiotte-Brady (nee Morris), 42, of Portage, passed away Monday, February 10, 1997. 

She was an employee of Wal-Mart in Hobart. 

Survived by husband Russel; two daughters, Jamie Deiotte of Valparaiso and Aimee Deiotte of Lafayette, Indiana; two step-daughters, Tracy Brady of Crown Point and Kelly Brady of Carlsbad, CA and one stepson, Matthew Brady of Tucson, Arizona; parents, James "Slip" and Virginia Morris of Merrillville; one sister, Michele (Sven) Nylen of Coral Springs, Florida; one brother, Michael J. Morris of Merrillville; one niece, Bethany Nylen and one nephew, Sven Nylen IV, both of Coral Springs, Florida; aunts, uncles and cousins and special friend, Terri Pierce of Merrillville.

Funeral arrangements pending. Friends may call at the Geisen Funeral Home, 7905 Broadway, Merrillville, IN. on Thursday from 2 to 5 and 7 to 9 p.m.
















Candee Brady was kind, loving person 
February 12, 1997 12:00 am 
NWI Times
John Reed and Joyce Russell

PORTAGE - Strong and independent. Gentle and kind. Tall and slender. Blond and very attractive.

Those are just a few of the words the people who knew and loved Candee Brady used to describe the mother of two daughters and three stepchildren.

Brady, 42, was found strangled on her kitchen floor Monday morning.

While her friends and neighbors grieved over their loss, they reminisced about a woman they said could always be counted on to help others, a woman who enjoyed life to the fullest.

One of those friends, who asked not to be identified, said she and Brady had been pals ever since they were in first grade in Merrillville.

"She liked being with her family, having cookouts. And she loved her dogs, Star, Gypsy and Augie. She was crazy about them.

"If the dogs hadn't been locked up, this wouldn't have happened," she said tearfully.

On a different note, she recalled fun times with Brady.

"She liked football, not watching it on the TV, but going to see the Bears and Northwestern play."

Brady also enjoyed other sports and many outdoor activities.

"We played softball together when we were younger," she said. 

"And we went camping all the time. We had a wonderful time when we went down to Tippecanoe State Park in October." She, Brady and about eight other women camped at Tippecanoe twice a year.

One of her most vivid memories is a week-long trip to Northern California about 10 years ago.

"We did everything - we were on the cliffs, we went whale watching and actually saw whales. We hung out on the coast."

Another friend recalled Brady's time at work at the Wal-Mart on U.S. 30 in Hobart and what a good friend she was.

"She was just someone you could depend on," said Marti Johnson, who worked side by side on the loading dock with Brady for the last five years.

"She did anything she could for others, a true friend," Johnson said.

Johnson said she "had a really bad feeling" Monday when her friend didn't show up for work and didn't call off.

"She was a very responsible person," Johnson said. "I know she would have at least called me at home and told me if she was sick. She was very thoughtful about letting us know what was happening."

Brady's sense of responsibility was echoed by Rick Getz, manager of the Wal-Mart.

"She was with us from day one," he said. "She was an outstanding associate. Never late, absent. She was a very hard worker."

And, Getz said, you always knew how Brady felt.

"She always said exactly what was on her mind," Getz said. "You have to be kind of crusty to work with those guys (on the loading dock)."

But, no matter how "crusty" she was, Johnson said, "She never had a cross word for anyone."

She also said Brady cared deeply about her children.

"She talked a lot about her daughters, you know, like any mom wanting the best for her kids."

Wilma Bogart, who lives across the street from the Brady home on Kennedy Street in Portage, also described Brady as a kind, loving person and caring mother.

Brady had two daughters, Jamie Deiotte of Valparaiso and Aimee Deiotte of Lafayette. She also had two stepdaughters, Tracy Brady of Crown Point and Kelly Brady of Carlsbad, Calif., and one stepson, Matthew Brady of Tucson, Ariz.

She lived with her husband of 14 years, Russell Brady.

"They were lovely people," Bogart said. "They were always wonderful to us.

"She would say 'hi' every once in a while or we would kibitz about the weather. She was a lovely person, a nice person, cheerful. She always had something to say."

Yet, there were also problems in the Brady home.

Johnson said the couple fought, "but no more than any married couple."

One problem, Johnson said, was that Russell Brady didn't get along with Candee Brady's children and there was some conflict. In addition, she said the couple was facing some financial problems.

On Tuesday, white and blue curtains hung in the large living room window of the Bradys' ranch-style home in the quiet subdivision and a pick-up truck and white car sat in the driveway.

The home, with its neatly manicured lawn, was built by students in the Portage High School student construction program.

The Capitol Estates subdivision is a quiet, typical working class neighborhood with a mixture of home styles.

Bogart said neighbors are friendly to each other, helping each other out when the need is there, including the Bradys.

"This is a surprise, very much a surprise," Bogart said. "This is a wonderful neighborhood."

In addition to her children and husband, Brady is survived by her parents, James "Slip" and Virginia Morris of Merrillville; a sister, Michele (Sven) Nylen of Coral Springs, Fla.; a brother Michael J. Morris of Merrillville; a niece and several aunts, uncles and cousins.

Funeral arrangements for Candee Brady are being handled by Geisen Funeral Home in Merrillville. Visitation will be from 2 to 5 and 7 to 9 p.m. Thursday at the funeral home. Burial will take place in Calumet Park Cemetery, Merrillville.
















Killing rattles Portage
Post-Tribune (IN)
Wednesday, February 12, 1997
Frank Wiget, Staff Writer

A quiet, working class neighborhood on the city's northeast side was the scene of a homicide investigation Tuesday as police searched for suspects in the strangulation death of a 42-year-old woman. 

Candee J. Brady of the 2200 block of Kennedy Street was found dead on her kitchen floor Monday morning with a plastic trash bag around her head, police said. 

Candee Brady's body was discovered at about 8:45 a.m. by the woman's husband, Russel Brady , said Lisa Duncan, a spokeswoman for the Portage Police Department. 

Porter County Coroner John Evans said Candee Brady had been dead for eight hours when the body was found. 

He said she might have strangled by a rope or wire. 


Duncan said when the investigation began Monday, police were looking into the possibility of suicide. She also said police delayed releasing information about the death to the public because some family members had not been contacted. 

Russel Brady , a police officer with the Indiana Harbor Belt Railroad in Hammond, was questioned but police said he was not a suspect. Police said Russel Brady told them he was working Sunday night. 

Reached at his home, Russel Brady said he was distraught and declined comment Tuesday. 

Police were still questioning neighborhood residents on Tuesday. 

Most said they were shocked that a homicide had occurred in the area. 

"We didn't have to lock our doors. We've watched each other and have felt safe," said neighbor Wilma Bogart. 

"We're all still in shock," Debbie Dennison, the Bradys' next-door neighbor said. "Candee was always nice and friendly when I saw her. 

"Candee and Russ kept pretty much to themselves, but we'd see them going to or from work," Dennison said. 

Candee Brady worked as a clerk who checked freight deliveries at Wal-Mart on U.S. 30 in Hobart, where colleagues mourned her death. 

Store manager Rick Getz said a counselor was available Tuesday for anyone having difficulty coping with the death. 

Brady had worked at the Hobart store since it opened in September, 1991, transferring from the Michigan City store, Getz said. 

"She was an excellent associate and will be missed. It was a real tragedy." 

According to neighbors, she bred dogs and was the owner of three golden retrievers. 

As police continued their investigation, family members were making funeral arrangements at Geisen Funeral Home in Merrillville. 

Visitation will be 2-5 p.m. and 7-9 p.m. Thursday at Geisen Funeral Home, 7909 Broadway. Time of the funeral service Friday remains to be set and burial will be in Calumet Park Cemetery in Merrillville. 

Survivors, in addition to her husband, include two daughters, Jamie Deiotte of Valparaiso and Aimee Deiotte of Lafayette; two step-daughters, Tracy Brady of Crown Point and Kelly Brady of Carlsbad, Calif.; a step-son, Matthew Brady of Tucson, Ariz.; parents James and Virginia Morris of Merrillville; a sister, Michele Nylen of Coral Springs, Fla.; and a brother, Michael J. Morris of Merrillville. 
















Police seek to calm public after murder 
February 13, 1997 12:00 am
KEN KOSKY
NWI Times
http://www.nwitimes.com/uncategorized/police-seek-to-calm-public-after-murder/article_c0c95e44-f294-5a34-aa4d-f4c4722918ef.html

PORTAGE - In the days since Candee J. Brady, 42, was strangled inside her Portage home, police have been trying to calm her worried neighbors.

"The neighbors said they were shocked it happened in their neighborhood,"Portage Police Capt. Roger Peele said.

"We don't want the neighbors thinking there's a crazed killer running around. I don't think that is the case. Whoever it was, she (Brady) knew the killer. ... She let him in."

Police canvassed the area around the modest Kennedy Street home Brady shared with her husband, Russel, 49. What they found was that the neighbors didn't see anything unusual.

Peele said detectives have been working long hours since Monday, the day Brady's body was found on the kitchen floor of her home, conducting exhaustive interviews with eight family members.

"We're not going home until we're done with everybody," Peele said. We've got four to six guys working on different parts (of the investigation.)"

Police said family members are perplexed that the Bradys' dogs were locked in a bedroom prior to the killing. Only Russel and Candee Brady, and a daughter in Lafayette, would have been able to handle the three dogs, police were told.

A friend of Candee Brady's said the victim was a dog lover and that the dogs belonged to her. They are a golden retriever, a German shepherd and "a big,rare and enormous dog."

At least one of the dogs was "very protective," Peele said. There were no signs of forced entry into the home.

Police have shipped to a laboratory some physical evidence from the scene,including the plastic bag found over the victim's head. Peele said the lab will be able to find any hair, fiber or fingerprint samples that may lead to a killer.

There were no visible signs that the victim struggled with her attacker, but the lab tests might reveal something not immediately detected by police.

"The detectives are working hard, and hopefully something good will happen and we can get this taken care of for the family," Peele said.

The victim's husband said he last saw her Sunday night when he left for work. He discovered her body Monday morning and had a neighbor call police.

An autopsy showed the woman's neck was bruised and that she was strangled with a rope, cord or similar device. She had been dead more than eight hours when she was found. She had not been sexually assaulted.

Peele said a gun and $200 cash were reported missing from the home, but he doesn't think the murder was the result of a burglary gone awry.

Friends portray Brady as friendly, outdoorsy and active. To Misty Fancher of Portage, who worked with her for about five years at Wal-Mart in Hobart, "she was like a second mom."

"The last time I saw her was Friday. Before I left, I hugged her and said, 'Goodbye, Mom.'

"She was very close to her parents, she absolutely loved dogs, and she loved to have a good time with her friends." Fancher said.

Reached at his home Tuesday morning, a tearful Russel Brady would only say, "I really can't talk. I really can't say anything right now."
















Police have one slaying suspect
Post-Tribune (IN)
Thursday, February 13, 1997 
Lucio Guerrero, Staff Writer 

Police say they are focusing their investigation on one male suspect in the strangulation of a 42-year-old Portage woman whose body was discovered early Monday on her kitchen floor. 

Capt. Roger Peele, chief of detectives, said Candee J. Brady obviously knew her killer because there were no signs of forced entry into the home or that the family's three dogs tried to stop him. 

"From what we have heard from family and friends is that those dogs were very protective (of Candee Brady)," Peele said. 

"Whoever did it must have been familiar to the dogs." 

Although they say they have a prime suspect, police have not arrested him and he has not been formally charged. 

" (The suspect) had the opportunity to do it," Peele said. "We have good circumstantial evidence. 

"All the pieces are fitting, but not enough (yet) to get prosecutors to file a case," Peele said. 

Porter County Prosecutor James Douglas said he expects to charge the suspect with murder when he receives a full report from Portage detectives. If convicted, the suspect could spend 60 years in prison. 

Police went to the home, in the 2300 block of Kennedy Street on Monday morning, after Russel Brady called them at 8:45 a.m. Monday and reported he had found his wife dead. 

Police said they found the body of Candee Brady on the kitchen floor, with a plastic bag over her head and an extension cord around her neck. 

Russel Brady told police he last saw his wife at about 10:30 p.m. Sunday, when he left for work at the Indiana Harbor Belt Railroad, where he is a police officer. 

Porter County Coroner John Evans said Candee Brady had died more than eight hours before her husband's phone call to police. 

A neighbor told police he heard "a violent argument" coming from the Brady's home at 6:30 or 7 p.m. Sunday, before the time the coroner said Candee Brady was killed. 

Police said they questioned their prime suspect for 10 hours immediately following their arrival at the Brady home. They said they planned to continue the questioning Tuesday, but the suspect requested to have an attorney present. Late Wednesday, police still had not continued their questioning, Peele said. 

Police also are awaiting results of toxicology tests to determine if Candee Brady had drugs in her system at the time of her death. Fiber and hair samples collected by detectives also are being analyzed. 

Those tests will take a couple of weeks, Peele said. 

"The results will help weed out if a stranger was in the house or not," he said. 

Police said they have no record of domestic violence between the Brady couple, but did visit the home because of arguments between Russel Brady and Candee's children from a past marriage. 

Funeral services 
The Funeral service for Candee Brady will be at 10:30 a.m. Friday at Geisen Funeral Home in Merrillville. 

Visitation is 2-5 p.m. and 7-9 p.m. today at the funeral home. 
















Police blotter
Murder investigation continues
February 14, 1997 12:00 am
NWI Times
http://www.nwitimes.com/uncategorized/police-blotter/article_dc6cb58f-4e8c-59ce-ba86-471355f3031e.html

PORTAGE - Portage police are continuing their investigation into the murder of Candee Brady, 42, who was found strangled Monday morning on the kitchen floor of her Portage home.

Police have a suspect in mind, but are continuing their investigation and are awaiting the results of lab tests. On Wednesday, police sent away to have tested items including a plastic bag that was found on the victim's head.

Capt. Roger Peele said there was no timetable for solving the crime.
















Police: Woman may have known attacker
Post-Tribune (IN) 
Friday, February 14, 1997 

Police are puzzled why a Portage woman apparently did not fend off her attacker before she was strangled late Sunday night. 

"That's what's so strange," said Capt. Roger Peele, chief of detectives of the Portage Police Department. "From what we understand, she was a fighter and would have fought off someone attacking her." 

Investigators say evidence indicates Candee Brady, who was found dead in her kitchen, knew her attacker. She had a plastic bag over her head and an extension cord wrapped around her neck, but the coroner found no sign of struggle. 

Police are examining the possibility that her killer may have drugged Candee Brady first, Peele said. Police also found no signs of forced entry into the home in the 2300 block of Kennedy Street. 

Toxicology and other autopsy results, due in about two weeks, will reveal any foreign substances in her system, he said. 

But more importantly, police said, the test might show if anyone else was in the house when the killing took place. Tests could detect fibers or hairs that did not belong to Candee or her husband, Russel Brady . 

Police went to the home at 8:53 a.m. Monday after receiving a call from Russel Brady that he had found his wife dead when he returned home from his night job at the Indiana Harbor Belt Railroad. 

Porter County Coroner John Evans said the 42-year-old woman had been dead for more than eight hours before police arrived. She died of asphyxiation due to ligature strangulation, Evans said. 

Preliminary reports show that Brady had no other signs of trauma on her body. She was clothed in her sleep attire - gray sweat pants and a T-shirt. 

Police said they do not consider the death a suicide because drawers were rifled through and some money was missing. 

Police have spent almost a dozen hours with their principal suspect - a man - but have not sought charges from the prosecutor or arrested anyone. 

Police said they still need more information before completing their investigation but feel confident their primary suspect had the opportunity to kill Candee Brady. 

County prosecutors said they will consider filing charges after they see a full report from detectives. 
















Husband suspect in death 
February 15, 1997 12:00 am
John Reed and Sally Vornhagen
NWI Times
http://www.nwitimes.com/uncategorized/husband-suspect-in-death/article_47378836-f0a1-5b6c-ba2f-0ee5e70d8de7.html

On the day he buried his wife, Russel Brady hired an attorney because he says he is the Portage Police Department's main suspect.

Russel Brady denies any involvement in the strangulation death of his wife, Candee Brady. He has retained criminal attorney Larry Rogers of Harper & Rogers in Portage.

Portage Det. Roger Peele confirmed that police do have a suspect, but would not name the person.

"The Portage Police have accused him of killing his wife," Rogers said. "He thinks he's being labeled a murderer, which is why he has hired an attorney.

But I think he has a good alibi. Police have a lot of problems with this case.

It's a circumstantial case that you can blow a lot of holes through."

Russel Brady discovered his wife's body when he arrived home from work after 8 a.m. Monday, police said. She was found in the kitchen, strangled with a rope or cord and with a plastic bag over her head. There were no signs of forced entry, police said.

According to Rogers, Russel Brady was questioned by the Portage Police Department for 10 hours Tuesday. Rogers said when Brady requested that an attorney be present, the questioning was terminated by police.

"He's extremely emotionally distraught," Rogers said. "He just buried his wife today.

Brady was among the 200 people who packed the Geisen Funeral Home to pay their final respects to the 42-year-old Portage resident and Hobart Wal-Mart employee.

Dozens of floral tributes, including several hearts, surrounded the casket.

The Rev. Stephanie Fomers, chaplain at Methodist Hospital, South Campus, stressed Brady's love for friends, family, and even her dogs.

"She loved life. She was an adventurer, a woman who shared life's journey with others," Fomers said. Brady loved the outdoors and cheering at football games, she said.

"Her life ended violently, tragically," the clergywoman said, reminding the mourners that "life is very tenuous, fragile."

Amid the tears, chuckles broke out when Fomers said, "Candee could be blunt and caustic."

Candee Brady was a receiving clerk at the Hobart Wal-Mart store, starting there when the store opened six years ago. She previously had worked for Wal-Mart in Michigan City.

She had lived at 2203 Kennedy in Portage for 20 years and had been married for 14 years to Russel, 49, a police officer with Indiana Harbor Belt Railroad in Hammond.

She also is survived by two daughters, Jamie Deiotte of Valparaiso and Aimee Deiotte of Lafayette; and her parents, James "Slip" and Virginia Morris of Merrillville.
















Lawyer opposes focus on Brady
Post-Tribune (IN) 
Tuesday, February 18, 1997 
Lucio Guerrero, Staff Writer

The attorney for the widower of a slain Portage woman is blasting city police for concentrating only on his client as the suspect of her Feb. 10 murder. 

"They will find that they are barking up the wrong tree," South Haven attorney Larry Rogers said. 

"They are adding insult to injury. The man lost his wife, and now he is being accused of murdering her without looking any further.'' 

Rogers is defending Russel Brady , the husband of Candee Brady, the 42-year-old woman found dead in her kitchen, in the 2300 block of Kennedy Street. 

Russel Brady told police that when he returned home from work at about 8:45 a.m., he found his wife dead on the floor with a plastic bag over her head and an extension cord wrapped around her neck. 

While police already have questioned Brady more than 10 hours, they say they need more time with him. 

Rogers says his client may not be available to police until the prosecutor shows his hand. 

"They had their crack at him for 10 hours, there are not going to do that again," Rogers said. "They accused him of being a murderer, he'd be nuts to go through that again." 

"His mindset is not to impede the investigation, but the problem is that the focus is on him." 

Police say they're waiting for laboratory results of crime scene and autopsy tests - due possibly later this week - before seeking a murder charge against Brady. 

The Porter County coroner said Candee Brady had been dead for more than eight hours before her body was discovered. 

Capt. Roger Peele, head of the detective bureau at the Portage Police Department, said the police are not looking for another suspect because "there is no evidence to suggest that there is one." 

Police said all the evidence indicates that Candee Brady knew her killer and did not struggle. 

Brady has told police that he left for work Sunday night, Feb. 9, at the Indiana Harbor Belt Railroad and returned the next morning to find his wife dead. 

Neighbors have told police they heard a loud argument in the Brady home the evening before her murder. 

Peele said they are continuing to interview neighbors and family members for more clues. 
















O.J. impact hits Portage
Post-Tribune (IN)
Sunday, February 23, 1997
Lucio Guerrero, Staff Writer

Two weeks after police found the strangled body of Candee J. Brady in her home, investigators still await evidence in anticipation of charging their prime suspect. 

"We are in the process of re-interviewing friends and family to see if anybody has remembered anything," said Capt. Roger Peele, chief of detectives. 

"And we are going over all the evidence again. But it will be hard to charge anyone without having the tests results back." 

Peele notes that the delay is not all bad. The extra time should help police solidify their case. 

"This is something that we are seeing more of since the O.J. (Simpson) case," said Alex Weiss, a criminal justice professor at Indiana University. 

"Prosecutors and police are going to be absolutely sure before they make any arrests." 

Tests - due back this week - include autopsy laboratory results for clues why Brady did not struggle against her attacker, and fiber and fingerprint results. 

While police are focusing on the husband, Russel Brady , the tests will help determine whether somebody other than family had access to Candee Brady, police say. 

"It just means more time for us to investigate and get it right," Peele said. 

Family and friends, however, are hoping the weeks don't become months. 

"The past two weeks have gone by very quickly," said Terri Pierce, Candee Brady's childhood friend. "And I think everyone around here is still pretty devastated." 

Candee Brady, 42, was close to her parents. "It wouldn't at all be unusual for her to be with them two or three days a week," Pierce said. 

Meanwhile, relatives are doing their own sleuthing into the murder of their loved one. 

"I don't think anyone can point their finger yet at who may have done it," Pierce said. "But we all hope whoever it is be found." 

Russel Brady called police on the morning of Feb. 10, saying he had just found his wife dead in their kitchen. 

Police said they found a plastic bag over her head and a cord around her neck. 

Investigators favor the assumption Candee Brady knew her attacker, because they have found no signs of struggle and because the family's protective dogs did not attack her murderer. 

Peele said they want to interview Russel Brady further - they talked to him for 10 hours after the discovery of his wife's body - but have been rebuked by Brady's attorney. 

Brady was a county deputy in California before moving to Indiana where he works as a railroad officer. 


He says he last saw his wife alive when he left for work the night before. 

Police claim Brady had the opportunity to kill his wife. 

"There is nothing to indicate otherwise. And we would like to talk to him to ask him about some stories that don't add up," Peele said. 


"When (police) say we are not cooperating with them, that means we are not in there giving them a confession and a road map," said attorney Larry Rogers, who is representing Russel Brady . 

"At this point, my client does not plan on saying anything more until he is exonerated."
















Murder suspect arrested on unrelated charge 
February 28, 1997 12:00 am
KEN KOSKY
NWI Times
http://www.nwitimes.com/uncategorized/murder-suspect-arrested-on-unrelated-charge/article_f5723cdb-ad73-53f3-86ec-e287f7a6e8f6.html

PORTAGE - The Portage man who is the prime suspect in the murder of his wife was arrested Thursday morning, but not on a murder charge.

Russel Brady, 49, of the 2200 block of Kennedy Street, was arrested on a charge of failing to appear in court charge.

"He was supposed to be in court Wednesday in Jasper County on a hearing about a civil case with his ex-wife, and he didn't appear," said Portage Police Capt. Roger Peele.


Peele said that when Brady didn't appear for the child support hearing, a bench warrant was issued for his arrest. Portage police went to Brady's home to arrest him Thursday morning, but he was leaving.

Shortly before 10 a.m. Thursday, at Portage Avenue and Crisman Road, police pulled over Brady's vehicle and arrested him. He was being held in Portage City Jail on a $7,000 bond, and Jasper County authorities were notified so they could pick him up.

Portage police release reports of all arrests to the media, and they released the information about Brady's arrest immediately to stop any rumors that the arrest might be in connection with the murder.

According to his attorney, Larry Rogers, Brady is the prime suspect in the strangling death of his wife, Candee Brady, which occurred late Feb. 9 or early Feb. 10 at the couple's home.

Rogers told The Times that his client was unfairly being targeted as a suspect in what he called a circumstantial case.

Rogers believes the reason Portage police were so quick to arrest Brady on the failure to appear charge is because he's a suspect in the strangling death of his wife.

"Without a doubt, the Portage Police Department used it as a pretext," he said.

"First of all, the Portage Police Department doesn't generally serve out-of-county warrants. (The Porter County Sheriff's Department) does. This warrant never even got to (the sheriff's department)."

The county jail is so overcrowded, the sheriff's department can't pursue its outstanding warrants because there isn't enough room for the additional offenders.

Rogers said his firm has taken steps to get Brady out of jail. He anticipated Brady would be released this morning.

The couple's dogs, which were described as very protective, were locked in a bedroom at the time the crime was committed, Peele said.

Peele said the investigation is continuing, but at this time he said all signs "lead to nothing but him (Brady)."

"At this point we're still talking to people and running down everything we can," Peele said.

The case remains stalled while police await the toxicology test results.

That will tell police if any chemicals or drugs were introduced into the victim's body.

Police are also awaiting the completion of lab testing of such items as the plastic bag and the cord used in the strangling.
















Child-support warrant puts Brady in jail
Post-Tribune (IN) 
Friday, February 28, 1997 
Lucio Guerrero, Staff Writer

The main suspect in the Feb. 9 strangulation of his wife is in jail on unrelated charges. 

The attorney for Russel Frank Brady claims police are "just screwing" with his client with Brady's arrest Thursday morning on a child-support warrant from Jasper County. 

While police say they believe the 49-year-old Brady had the opportunity to murder his wife, Candee Brady , they have not charged him. Critical crime scene laboratory tests and pathology tests results are due any day. 

Prosecutors say they need those results before arresting Brady or anyone else on murder charges. 

Thursday, police arrested Brady, of the 2200 block of Kennedy Street, on a warrant for failure to answer child support charges from a previous marriage. 

He spent Thursday night in Porter County Jail, awaiting transfer this morning to Jasper County. 

His cash bond is set at $7,000. Brady must pay the entire amount to gain release from jail before his hearing on the child support charges. 

Porter County law enforcement officials deny they are using the child support warrant as an excuse to keep an eye on Brady. 

"We received a fax about the warrant and picked him up," said Capt. Roger Peele, chief of detectives. "We treated it no differently than anyone else." 

Brady's lawyer doesn't see it that way. 

"They are just screwing with him," said attorney Larry Rogers of Valparaiso. 

Rogers said the circumstances surrounding the timing of Brady's arrest are suspect. He declined to discuss the warrant, noting he had not had time to review the case because he was in court Thursday. 

Legal experts say both sides could be argued. 

"Police may use (the warrant) as a maneuver," said Derrick Carter, an associate professor of law at Valparaiso University. "When you don't have enough evidence, you look for anything else to hold someone." 

Carter said, however, police could run into trouble if they hold Brady without a good reason. 

"The defense attorney could file the appropriate motions and he could be released," Carter said. 

Brady called police on the morning of Feb. 10, saying he had just found his wife dead in their kitchen. 

Police said Candee Brady had a plastic bag over her head and a cord wrapped around her neck. Investigators said they found no obvious signs of struggle and believe the woman knew her attacker. 

Brady was questioned for about 10 hours but no charges have been filed. Rogers has advised his client to not answer any more questions. 

Police said they took precautions to ensure Brady's arrest Thursday did not appear to be related to the murder investigation. 

" (The detective bureau) did not get involved in this at all," Peele said. "We let patrol handle the whole thing. Nobody from here has talked to (Brady)." 

Peele said police knew Brady was supposed to appear in court Wednesday and were surprised to hear that the former California cop didn't show. 

"He's a police officer, he should know better," Peele said.
















Letters to the editor
March 05, 1997 12:00 am
NWI Times
http://www.nwitimes.com/uncategorized/letters-to-the-editor/article_8e432155-08b2-54f2-8650-f29f1645787e.html

What a front page in Portage (The Times, Feb. 15). You have all outdone yourselves. The only thing missing were bodies in the street and citizens running for cover from the violence and mayhem unleashed by random acts of death and destruction here in Portage.

I do not know how Portage has managed to avoid having the state police called out to restore order. I do not even recognize this city whenever The Times reports on things here. What can one expect from the paper that a few years ago voted Valplayso Park as the biggest story that happened that year -- the same year the Portage football team went to Indianapolis. Even the Valparaiso basketball team came in second, with Portage football third! Hello! Why do you not move your base of operations to Portage, and leave your little piece of heaven in Valparaiso. Perhaps then you will lose the bias and parochialism that is so evident.

There were 200 people at the Candee Brady funeral, and of all those attending you chose to publish the picture shown on this same front page. It is completely mis-representative. The picture showed two black women with a caption that read, "Friends and relatives of Candee Brady make their way out of the Giesen Funeral Home."

My grandson was visiting from Hobart, and said he had not realized the murdered woman was black. Everyone who sees the picture assumes this. But the victim was white. There is absolutely nothing wrong with being African-American, but why would you show only the people you did, and not identify them as friends of the deceased as opposed to relatives?

You guys are always doing stuff like this to Portage, and I for one am sick of it. Stop it right now! I am beginning to understand what and why the citizens of Gary feel as they do in regards to the reporting about their city by the Post-Tribune.
Sylvia Charbonneau
Portage
















Cops pursue leads in Brady murder 
March 05, 1997 12:00 am 
Sally Vornhagen
NWI Times

PORTAGE - The murder of Candee Brady has taken enough twists and turns to make it read almost like a mystery novel.

But the final chapter hasn't been written on this real-life mystery.

The 42-year-old Portage woman was found by her husband on the kitchen floor of their Kennedy Street home on the morning of Feb. 10, a cord or rope around her neck and a plastic bag over her head.

Since that day, Candee Brady's husband of 14 years, Russel Brady, 49, has been the prime suspect in her murder, according to police and Russel Brady's attorney, Larry Rogers.

Portage police immediately suspected Candee Brady knew her killer because of several clues. There were no signs of forced entry into the home; Candee Brady's three dogs, who were said to be very protective of her, were locked in a back bedroom; and there were no visible signs of struggle or sexual assault.

"The police haven't had any evidence other than that he's the husband. So (police thought) he must have done it because there's no butler," Rogers said.

But now, Portage police are pursuing several leads, including an acquaintance of one of Candee Brady's daughters.

According to Rogers, Candee Brady filed harassment charges in late 1996 in West Lafayette against the man, saying she had been threatened by him.

But Portage Police Capt. Roger Peele said it was the other way around. The man filed a police report in West Lafayette, claiming Mrs. Brady had battered him. Pictures taken by police showed the man had been injured in the neck area, Peele said.

Peele said he didn't believe the charges were pursued by West Lafayette police.

Vicki Denson of the West Lafayette Police Department, said the report would not be released to the public.

Back in Portage, in Peele's words, "Everybody's a suspect. ... We're still looking at all possibilities."

Another chapter in the Brady mystery concerns the arrest last week of Russel Brady on a charge of failing to appear in court.

"He was supposed to be in court Wednesday in Jasper County on a hearing about a civil case with his ex-wife, and he didn't appear," said Peele.

Peele said that when Brady didn't appear for the child support hearing, a bench warrant was issued for his arrest. Portage police went to Brady's home to arrest him Thursday morning, but he wasn't there.

Shortly before 10 a.m. Thursday, at Portage Avenue and Crisman Road, police pulled over Brady's vehicle and arrested him. He was held in Portage City Jail on a $7,000 bond until Jasper County authorities picked him up.

Rogers said Russel Brady was released on bond the same day.

Rogers told The Times his client was being unfairly targeted as a suspect in what he called a circumstantial case. And he claimed the circumstances surrounding the arrest Thursday prove his point.

"About four to five months ago, Portage quit serving warrants for the Porter County (sheriff's department) over a dispute regarding the fact that the sheriff's department only wanted to send Portage copies of warrants and not originals. It involves civil liability if a mistake is made, and the city didn't want to take that chance," Rogers said.

"In fact, most city police departments are too busy to serve warrants.

"So, before the sheriff's department ever even knew there was a warrant for Mr. Brady, Portage was calling for a copy of it. Then, when he got pulled over, there were three squads and two detectives. This is for a failure to appear? C'mon!"

Rogers said Russel Brady was not questioned during his few hours at the Portage jail. The attorney said he believes the Portage police "wanted an up-to-date set of fingerprints."

Peele disputed the claim that the arrest was out-of-the-ordinary.

"We serve any warrant that we can get," said Peele. "When they fax us one, we can't just ignore it. We don't go out of the way to get a warrant, but if a court sends us one, we must serve it."

He also said the reason there were so many officers present when Brady was arrested was that "you think about a guy who has been a police officer and under a lot of stress, you don't know what can happen."

Russel Brady has been employed as a railroad police officer for Indiana Harbor Belt in Hammond. Peele said Brady was also a police officer in California for three years.

Peele said Portage police are expecting toxicology and other test results any day now, including lab testing of the plastic bag and the cord used in the strangling.
















Candee Brady showed zest for life in all she did 
March 06, 1997 12:00 am
Adele L. Mackanos
NWI Times
http://www.nwitimes.com/uncategorized/candee-brady-showed-zest-for-life-in-all-she-did/article_e1deb3ef-c742-5709-801f-3792caab54c3.html

PORTAGE - Candy (nee Morris) Brady will be fondly remembered for many attributes.

But those who knew her best say it was her compassion for her fellow man, devotion to family and her zest for life that made her an exemplary person.

Mrs. Brady, 42, of Portage, formerly of Merrillville, died Feb. 10.

"My daughter was a very special human being. She was a people person. She loved being around people ... at home and on the job," Virginia Morris said.

"But Candee also loved animals. Her dogs, Gypsy, Star and Auggie, were more than pets and watchdogs by her side. They were her personal friends too."

Morris said her daughter was an activist for animal rights.

When Mrs. Brady worked at Wal-Mart, she would often make use of damaged or open bags of pet food (that would have been discarded) by taking them to the Hobart Humane Society.

Morris said it pleased her daughter to know the food would provide nourishment for homeless felines and canines.

When she wasn't busy looking out for the welfare of those in need, Mrs. Brady enjoyed travel with her family.

"Candee also loved the holidays and helping to cook big extravagant meals for all of us," Morris said. "She was such a wonderful daughter."

Mrs. Brady was a graduate of Merrillville High School; and was employed as a receiving manager at Hobart Wal-Mart; with six years of service.

She is survived by husband, Russel; two daughters, Jamie Delotte of Valparaiso; Aimee Delotte of Lafayette; two stepdaughters, Tracy Brady of Tucson, Ariz.; parents, James and Virginia Morris of Merrillville; one sister, Michele (Sven) Nylen of Coral Springs, Florida; one brother, Michael J. Morris of Merrillville; and numerous aunts, uncles, nephews and nieces.

Services were held Feb. 14 from Geisen Funeral Home, Merrillville, with Chaplain Stephanie Somers officiating.

Interment took place at Calumet Park Cemetery, Merrillville.
















Brady memorial benefits animals
Post-Tribune (IN)
Saturday, April 5, 1997
Bob Burns, Correspondent

The Humane Society received $1,428 Friday in memory of Candee Brady , who was found killed Feb. 10 in her Portage home. 

That total includes $714 raised by the 268 employees of the Wal-Mart in Hobart through a bake sale and a matching amount from the Wal-Mart Corp., said Rick Getz, general manager of the store at U.S. 30 and Colorado Street. 

Brady, 43, had worked at the store since it opened Sept. 7, 1991. 

Personnel manager Pamela Austin called Brady "a big-time animal lover. She not only owned three pets, but she watched for any pet food that was going to be discarded here and took it to the Hobart animal shelter." 

The money will be put to good use, assured Carol Konopacki, director of the Hobart Humane Society and shelter. "This shelter was built in 1954 ... We need steel doors - the old ones are rotting," she said. "The parking lot needs to be paved." 

Konopacki said the society spends $180,000 or more caring for about 5,000 animals each year. 

It gets $42,000 from the City of Hobart to operate its animal control program, Konopacki said. The rest comes from donations and from adoption fees. 

"We have two full-time animal control wardens and one part-time worker, and two trucks," she said. "So that $42,000 is well spent." 

The Hobart animal shelter also receives stray animals from Portage, New Chicago and Lake Station, the director said, as well as from Highland during weekends. 

For information about adopting pets, call the shelter, (219) 942-0103. 
















Probe into Brady death continues
April 10, 1997 12:00 am
Sally Vornhagen
NWI Times
http://www.nwitimes.com/uncategorized/probe-into-brady-death-continues/article_e93309f2-d508-5205-9e11-84fa88aa0764.html

PORTAGE - Police continue to play a waiting game in their investigation into the February murder of Portage resident Candee Brady.

The 42-year-old woman was killed sometime late Feb. 9 or early Feb. 10 at her Kennedy Street home, which she shared with her husband, Russel Brady, 49.

The victim's husband said he last saw her the night of Feb. 9 when he left for work. He discovered her body the next morning and had a neighbor call police.

An autopsy showed the woman's neck was bruised and that she was strangled with a rope, cord or similar device. It also showed she was not sexually assaulted and had been dead more than eight hours when she was found.

According to his attorney, Larry Rogers, Russel Brady is the prime suspect in the strangling death of his wife. Rogers says his client is innocent.

And, there have been no arrests in the case.

According to Portage Police Capt. Roger Peele, the police department is anxiously awaiting various test results.

FBI test results are expected soon on hair and fiber samples and on the plastic bag that was found over Candee Brady's head.

Also, Great Lakes Laboratory in Michigan City is testing whether there were drugs or other unusual substances in Candee Brady's system at the time of her death. Those results initially showed only cough medicine in her system, but Peele said the police have asked for additional testing.

In the meantime, Rogers said he and his client "are kind of in a holding pattern."

"The police have not talked to him recently, so we're kind of just waiting to see what happens. We're hanging in there."
















Police blotter
Police present case in Brady murder
April 11, 1997 12:00 am
NWI Times
http://www.nwitimes.com/uncategorized/police-blotter/article_a4efe9df-7afa-55e7-a897-908b4d1a4086.html

Portage Police Department investigators on Thursday formally sat down with Porter County prosecutors for the first time to discuss the case they have developed against a suspect in the murder of Portage resident Candee Brady.

Brady, 42, was killed at her Kennedy Street home late Feb. 9 or early Feb. 10.

As Police Capt. Roger Peele anticipated, Prosecutor Jim Douglas and Chief Deputy Prosecutor Brian Gensel agreed about the need to wait until the physical evidence from the case has been processed before considering charges against a suspect.

Police took several items into evidence at the scene, including a cord that was used to strangle the victim. 

Police are still waiting for an FBI lab to process that evidence and for toxicology tests on the victim's blood to be returned.

Attorney Larry Rogers, who represents Brady's husband, Russel Brady, said Russel Brady is the prime suspect in the murder. 

Rogers said his client is innocent.
















Candee Brady not drugged before slaying
Post-Tribune (IN)
Thursday, May 1, 1997
Frank Wiget, Staff Writer

Candee J. Brady apparently was not given knockout drugs before she was suffocated with a plastic bag, say investigators who have received preliminary toxicology test results in the February murder. 

"She wasn't drugged and knocked unconscious," said South Haven attorney Larry Rogers, who is representing the Portage woman's husband in the murder investigation. Portage police detective Capt. Roger Peele confirmed the woman was not drugged. 

Investigators continue to await critical results of hair, fiber and fingerprint tests from the FBI lab - nearly three months after Candee Brady, 42, was strangled. 

Police found her the morning of Feb. 10, following a call from her husband Russel Brady , at their Kennedy Street home. 

While police say the 49-year-old Brady is their only suspect, Rogers maintains detectives should be looking elsewhere. 

The lawyer said his client has no financial motive. "His wife had $75,000 in life insurance, but he only gets one-fourth of it." 

Brady also can prove he was on the job the night of the slaying, Rogers said. Brady told police he found the body about 8:45 a.m. Feb. 10, upon returning from his overnight job with the Hammond-based Indiana Harbor Belt Railroad. 

The railroad police officer started work about 10:30 p.m. Feb. 9 and was following a train, looking for hijackers, Rogers said. 

Brady was seen by an engineer, the lawyer said, adding, "He can account for his time before he found his wife." 


Brady has been on paid leave from the Indiana Harbor Belt Railroad since his wife died, Rogers said. 

"He's not going anywhere. He's still living in Portage, looking for this to end." 

Peele said that while toxicology tests showed nothing unusual, detectives are waiting for the FBI lab in Washington to return test results on several items from the home, including hair samples, along with fingerprint identification from the area where the body was found. 

Police originally figured she might have been drugged because there was no evidence of struggle. The plastic bag and an extension cord that was wrapped around her neck are at the FBI lab, Peele said. 

"We are trying to find out if there was anyone in the home besides her husband who could have taken her life," Peele said. 

Police maintain that Candee Brady knew her killer, because they found no signs of forced entry into the home and her three dogs didn't try to stop the killer. 
















Murder suspect cleared to return to work
May 14, 1997 12:00 am
Ken Kosky
NWI Times
http://www.nwitimes.com/uncategorized/murder-suspect-cleared-to-return-to-work/article_5da0b365-9233-5251-b56b-bdc3fead4212.html

PORTAGE - More than three months have passed since 42-year-old Candee Brady was found strangled to death in her Portage home.

But the prime suspect in the murder, her husband, Russel Brady, is moving on with his life.

"I don't expect there to be charges," said Russel Brady's attorney, Larry Rogers.

"I don't think there is any evidence that suggests he did it."

Rogers told The Times that Russel Brady, 49, is being targeted by police, but he added, "From what I've seen, they've got nothing."

The attorney said Brady returned this week to his job as a railroad police officer for Indiana Harbor Belt in Hammond. He had been on paid leave since the murder occurred the night of Feb. 9 or the morning of Feb. 10.

"The railroad subjected him to a series of psychological tests. He passed them all with flying colors," Rogers said.


While not mentioning Russel Brady, Portage Police Capt. Roger Peele said police are continuing to look into one prime suspect. He said the case is still being actively investigated.

Peele said early in the investigation that the victim had to be killed by someone she knew because her protective dogs were locked away in a bedroom of the Brady home.

There was no forced entry into the home, and Russel Brady was the last one who reported seeing her alive, police have said.

Peele said Portage police have submitted their findings to Porter County Prosecutor Jim Douglas. Because the prosecutors would have to present the case in court, they have let police know what types of information and evidence they need before criminal charges could be considered.

"We're conferring with each other," Peele said of his conversations with Douglas.

"If there's anything he wants us to do, we do it."Peele said there is no timetable for when the investigation will be concluded. He said police are still waiting for the FBI to process evidence like the cord and plastic bag that were used in the strangulation.

However, Rogers said those tests could be deceiving. He said that if Russel Brady's hair was found on the evidence, it wouldn't indicate involvement because his hair exists in the couple's house.

Rogers said police might have to shift their focus if lab tests showed another person's hair or skin was found at the murder scene.


In fact, Rogers said, there is always the possibility that somebody arrested somewhere might confess to the Brady murder or name the person who did it.

One piece of evidence police got back was the toxicology tests conducted on Candee Brady's body. Police declined to comment, but Rogers said the tests showed no evidence of drugs.

Rogers said that disproves any theories that Candee Brady was drugged prior to being killed.

While the investigation continues, Russel Brady is "just trying to get on with his life," Rogers said.

"It's still hard. What he's continually told me is he loved his wife very much, but he hasn't been able to grieve because he's a suspect in the homicide. He's emotionally devastated by this."
















A killer no one fears
Post-Tribune (IN) 
Sunday, July 20, 1997 
Molly McDonough and Lucio Guerrero, Staff Writers

Six months after the brutal slaying of 42-year-old Candee Brady, her mother is desperate for closure. 

There have been no arrests. 
Family members keep getting the same "be patient" response from police and prosecutors, who are holding out for a breakthrough from DNA evidence still being examined by the FBI. 

"We're not trying to get on with our lives," said Virginia Morris, Candee Brady's mother. "We're at a standstill." 

No remnants of the Feb. 10 killing linger in the neighborhood of the Brady's ranch-style home on Kennedy Street. 

Children dash through sprinklers and bicycle along the tree-lined streets. 

Neighbors tending their lawns seem unconcerned that police have yet to arrest or charge anybody. 

Residents say the neighborhood hasn't changed much since Feb. 10, when 49-year-old Russel Brady said he came home from his night job to find his wife strangled on their kitchen floor. 

The Brady house sits empty, and for sale, a weathered newspaper rolled up on a front walk. 

Dogs that relatives and neighbors claim would have protected Candee Brady from an unknown attacker are gone - given away to friends and relatives of the couple. One has died of a broken heart, according to Candee's mother. 

Russ Brady, a railroad police officer in Hammond, moved out of the home last month and no longer lives in Portage. 

Brady's lawyer, Larry Rogers of Valparaiso, said he knows exactly where his client is but won't tell and won't allow any interviews. 

Brady has returned to his railroad job as he, too, awaits test results. 

FBI spokesman Steven Berry said the delay could be from the large amount of requests the department gets to analyze samples. 

He also said sometimes various tests need to be done on a sample to garner any results. 

Outside of a memorial in Candee Brady's honor at the Wal-Mart where she worked, few obvious reminders of her killing. 

Public officials say Portage residents are not pestering them for resolution of the 6-month-old case, and there has been no great outcry to catch the killer. 

"I haven't heard anything from anyone about it," said City Councilman David Highlands, R-3rd. 

It's very different from the 1995 abduction and killing of Sarah Paulsen. That homicide first terrified and then outraged Portage. 

The 8-year-old Portage girl snatched from her bicycle in a church parking lot near her home was found sexually assaulted and strangled in a wooded area on Aug. 22, 1995. 

"That really pulled the community together," said Donna Pappas, D-at large, a longtime Portage resident. 

"Anybody who could think of anything would call the police with tips." 

Businesses throughout the community donated money to help find the killer. A park was named in the child's honor. 

After months of searching, Eugene Britt pleaded guilty to the sexual assault and murder. In exchange, the 38-year-old Gary parolee agreed to life in prison without parole. 

In the Brady case, there's no community pull, no apparent fear a murderer is on the loose. Most of the emotion is within the family of Candee Brady. 

Residents, like Candee Brady's relatives, are supportive of police, who say they aren't looking at any suspects other than her husband. 

Neighbors reported to police they heard violent arguments between the couple, one at least a year before the killing. 

Confident that the case is domestic and that a random killer isn't on the loose, neighbors aren't living in fear. 

"I don't see anybody who does anything different," said Andy Baker, whose back yard abuts the Brady's. 

The neighbors' attitudes don't surprise Jody Esper, an assistant professor of psychology at Valparaiso University. 

"People think of domestic violence as a very personal crime," said Esper, who researches gender issues. 

If residents believe domestic violence is involved, they won't consider themselves in danger, she said. In a child abduction, everyone with children feels vulnerable. 

"Domestic violence does not instill any fear," Esper said, "but that doesn't mean they (neighbors) weren't disgusted." 

Candee Brady's parents and daughters, however, are not comforted that police claim they know who killed Candee. They want an arrest. 

Virginia Morris, who lives in Merrillville with her husband and Candee's two daughters, said the family has little doubt Russ Brady is behind the killing. 

The last to talk with Candee 
Morris remembers talking to Candee the night police believe someone placed a plastic bag over her head and wrapped an extension cord around her neck. 

It was about 6:30 p.m., and Candee had just taken a hot bath, Morris said. Candee was expecting a visit from her daughter, Amy, who then was a student at Purdue University. 

But tired and suffering a migraine, Candee called Amy's father, Roger Deiotte in Valparaiso, to cancel the visit, Morris said. 

Morris was the last person besides Russ Brady known to have talked with Candee, although Amy said she tried to call for hours. Morris said Candee never answered the phone and the answering machine didn't pick up. 

Russ Brady's lawyer, Rogers, a former police officer who handles mostly criminal defense, said he doesn't want anything his client might say taken out of context and used against him later. Brady has not spoken to the media. 

Brady can prove he was on the job the night of the killing and police have traced his steps, Rogers said. 

Brady has told police he left for work about 10 p.m. Feb. 9 and didn't return home until the following morning. 

And FBI results can only lead police to another person, because it is logical to assume Russ Brady's hair and fingerprints would be near his wife in his own home. 

"Police take the easy way out," Rogers said. "The old saying is, 'The butler did it.' Well, there's no butler, so they're saying the husband did it.' " 
















Victim's husband sues for home
Post-Tribune (IN) 
Wednesday, August 20, 1997 
Molly McDonough, Staff Writer

Russel Brady is suing the parents of his slain wife, claiming he should inherit the couple's Portage home. 

The lawsuit, filed in Porter Superior Court, asks a judge to stop his in-laws from selling the ranch-style house at 2203 Kennedy St. 

James and Virginia Morris, of Merrillville, said they were surprised by the lawsuit. They bought the house in 1978, while their daughter Candee Brady was married to her first husband. 

"That house was bought for her and the two kids, nothing for [Russel Brady] , her second husband," said Virginia Morris, who continues to complain about the lack of arrests in her daughter's killing. 

Portage police still await a Federal Bureau of Investigation analysis of evidence retrieved from the home. Candee Brady, 42, was discovered strangled in her kitchen on Feb. 10. 

Capt. Roger Peele said the FBI told him last week the delay is because other cases are taking priority over the Brady investigation. 

Test samples were sent to the FBI in February. 

There have been no arrests in the case, but Russel Brady is named as a primary suspect in the police investigation. 

Brady, a police officer with the Indiana Harbor Belt Railroad in Hammond, has moved to Highland. 

He declined comment on his lawsuit, referring questions to his civil lawyer, John Rhame of Portage. Rhame did not return calls Tuesday. 

Brady, who said he and his wife made all house payments and financed extensive home repairs, claims he is the rightful owner even though his name is not on the deed. 

According to the lawsuit, Brady's name was not added to the deed because he feared his ex-wife would target the property in an effort to collect delinquent child support. 

Virginia Morris said Brady's claims are false. 

"This guy never stops," she said. 

Morris said she and her husband paid all the taxes, insurance and made up the difference in the house payments. 
















Court briefs 
Brady: don't sell home where murder occurred
August 21, 1997 12:00 am 
NWI Times

VALPARAISO - The husband of murder victim Candee Brady, 42, is now suing his slain wife's parents to prevent them from selling the Brady family home.

Russel Brady filed a lawsuit Monday in Porter Superior Court asking the court to place a lien on the one-story home he and Candee Brady shared at 2203 Kennedy in Portage.

Ownership of the home was listed under Candee Brady and her parents, James and Virginia Morris.

But Russel Brady wants to stop his slain wife's parents from selling the home. He wants her parents to compensate him for the repairs he made to the home and the mortgage, insurance and tax payments he made on the home.

Russel Brady, who now lives in Highland, contends in the suit that the sole reason his name was not on the property title was that there was a risk that his ex-wife could attach part of the property because of his delinquency in child support.

Russel Brady remains a primary suspect in the murder of his wife, which occurred Feb. 10. But he has not been charged and police continue to wait for laboratory testing of physical evidence to be completed.
















Murder remains unsolved 
NWI Times
February 08, 1998 12:00 am
Rae Ann Rockhill
http://www.nwitimes.com/uncategorized/murder-remains-unsolved/article_39a869ae-bf98-527b-af6c-207400e980a7.html

PORTAGE - Candee Brady's family members think they know who killed the 42-year-old Portage woman.

Her husband, Russel Brady, has been the focus of the 12-month police investigation.


But Brady, 49, who has since moved from Portage to another part of the region, is caught in limbo - neither arrested nor exonerated.

Portage police are confident the case will be solved. But no one can provide the answer to the question everyone is asking.

When the case is solved hinges on a backlogged FBI crime lab, which is processing evidence such as the cord and plastic bag used in the strangulation.

"Basically, what we've been told is they need some solid evidence," said Jamie Deiotte, Candee Brady's 23-year-old daughter from a previous marriage.

"But it's taking forever.

"And it's harder to know that somebody's gotten away with it for a year and been living their life like nothing happened," she said.

Police were called to the Brady home at 8:53 a.m. Feb. 10, 1997, when Russel Brady discovered his wife dead.

He told police he found his wife on the kitchen floor when he returned from his job as a railroad police officer for Indiana Harbor Belt in Hammond.

The exact time of death could not be determined, but the coroner's office checked several variables to conclude that Candee Brady died about eight hours before her body was found.

Russel Brady told authorities last saw her about 10:20 p.m. Feb. 9 just before he went to work.

A search of the house the next day revealed no signs of forced entry. The Bradys' three dogs were found locked in a front bedroom of the home.

A gun and $200 cash were reported missing, but police don't think the murder was the result of a burglary gone bad.

"We're confident we're looking in the right direction," said Portage Police Chief Dave Reynolds. "And we have not given up hope."

Unfortunately the case is at a standstill until the FBI sends the results of the evidence testing.

"They've been backlogged," Reynolds said, explaining the delay. "But we should be hearing something soon."

Russel Brady could not be reached for comment. But his attorney, Larry Rogers, said the police are stonewalling.

"What test results can they be waiting for?" Rogers asked. "But if you don't have anything, you can say, 'Well, we're waiting for test results.'"

Rogers said police are "barking up the wrong tree" and have not "explored any leads other than the husband."

"I know for a fact other people tried to give them leads, but they were not receptive to it," Rogers said. "I've always said their attitude was, 'Since there wasn't any butler, it had to be the husband.' "

But Reynolds said, to his knowledge, no one has produced evidence that pointed at any suspects other than the one being investigated.

"We believe we've got enough circumstantial evidence to go on," the chief said. "And there have been a lot of our cases where we've convicted guilty people on circumstantial evidence."

Reynolds said police are just waiting on results from the FBI and the go-ahead of Porter County Prosecutor James Douglas before proceeding further.

Jamie Deiotte said her family wants to "believe in the police, and we think they are doing everything they can. But the longer it goes, it gets harder and harder."

Deiotte said Russel Brady's lawsuit against James and Virginia Morris, Candee Brady's parents, seems out of character for a grieving husband. The suit is over money earned on the sale of the Bradys' Portage home on Kennedy Street.

"I would expect him to say over and over again that he didn't do it," Deiotte said. "You wouldn't care about profiting from your wife's death."

Rogers said Russel Brady is grieving over the loss of his wife, but being the main suspect in her death has taken its toll on his client.

"I don't know how he'll ever be able to escape the stigma," Rogers said.

"But I don't look for him to be charged. And if he is, he'll walk."
















One year later, death unsolved
Post-Tribune (IN) 
Monday, February 9, 1998 
Lucio Guerrero, Staff Writer

One year has passed since the discovery of Candee Brady's body on the floor of her northeast side home, and little involving the investigation of her death has changed. 

Police still await results from the FBI laboratory in Washington and only one suspect has been fingered. 

Everyone involved in the case - from family members, to prosecutors to police - is getting frustrated. 

Relatives of Candee Brady, who refused to be individually quoted, said they would have done things differently if they had known it would take more than a year to get the test results. 

They lament they did not aggressively push the FBI for the results. They are looking for victim advocacy groups that can help them cope. 

Candee Brady, 42, was discovered strangled in the kitchen of her Kennedy Street home on Feb. 10. 

The discovery left police with questions ranging from why her protective dogs were locked away to why there were no signs of a struggle by the suffocated woman. 

Police have concentrated on one suspect - her husband, Russel Brady. But they never charged him, saying they await forensic test results. 

The railroad police officer has since moved to Highland. From the beginning, he has maintained he is innocent. 

In the year since the death, Russel Brady and his wife's family have feuded. The war has included a lawsuit over ownership of the couple's Portage home. 

But Candee Brady's relatives say they are most concerned about how to get the ball rolling with the FBI. 

It's taking too long, they say. The Portage police sent evidence to be analyzed by the federal lab in Washington a year ago. Evidence ranging from hair and fiber samples to the cord found around Brady's neck were sent. 

Julie Miller, a spokeswoman for the FBI, said it is not unusual for tests to linger past a year. The case load is large, she said. 

"We get requests from police departments all over the country," she said. 

Miller said she could not reveal how much longer the tests will take. 

Meanwhile, the local department also is trying to deal with the delay. 

Portage Police Chief Dave Reynolds would like to solve the city's only unsolved murder of 1997. 

"Obviously, our detectives feel we have a case they can put together," Reynolds said. "As soon as those results come back, then we'll be able to do something. 

"We're calling [the FBI] like everyone else is. But they have their priorities. We understand that." 

Reynolds said that until those tests come back, there is little else police can do. 

"Yeah, it's frustrating," said Porter County Prosecutor Jim Douglas. "But we can only wait." 
















Asking police to wait a year for FBI results is inexcusable
Post-Tribune (IN) 
Friday, February 13, 1998 

It has been a year since Candee Brady was found dead in her Portage home. Her death, ruled a homicide by the Porter County coroner, remains unsolved, but it's not for lack of effort by the Portage Police Department. 

The reason an arrest hasn't been made is because Portage Police are waiting on the results of tests on evidence that was collected and sent to the FBI laboratory in Washington. A spokeswoman for the FBI makes no apologies for the delay, saying the labor gets requests from departments from across the country. 

OK, that's to be expected, but it's inexcusable for it to take a year to have crucial evidence in a homicide examined. 

Understandably, relatives of Brady, who was found strangled in the kitchen of her home on Feb. 10, 1997, are frustrated. They lament that they didn't push the FBI harder earlier in the investigation. 

There is no reason for Brady's relatives to second-guess what they didn't do. More phone calls and letter from them wouldn't make a difference. The FBI has its own timetable and in this investigation, the feelings of Brady's relatives and the respect it should give to the Portage Police Department doesn't matter. 

Portage Police Chief Dave Reynolds is frustrated by the delay, but is masking it well. "Obviously, our detectives feel we have a case they can put together. As soon as those results come back, then we'll be able to do something." 

Reynolds says he understands the FBI has its own priorities, and it does. The agency has been involved in several high-profile investigations in the past year - the Unabomber and the Oklahoma City bombing to name two - but it doesn't make good sense or engender good relations with local departments, to keep a murder investigation in limbo for a year. 

Maybe the time has come for the FBI to increase funding and staffing for its laboratory. That's something the family of Candy Brady and the Portage Police Department would certainly support. 

Memo: 
EDITORIALS/OUR OPINIONS - OUR VIEWS Our opinion: Candee Brady 's family and Portage Police deserve answers sooner rather than later. 
















Possible witnesses surface
Post-Tribune (IN)
Monday, February 23, 1998
Molly McDonough, Staff Writer

For the past 12 months, Russel Brady has defended himself against thinly veiled accusations that he strangled his wife, Candee. 

No charges have been filed against the 50-year-old railroad guard, and police have yet to display concrete evidence of any other suspect. 

Until recently, Brady had only his word to prove he didn't commit murder. 

Now Brady and his attorney, Larry Rogers, are looking to an "eyewitness" who said he saw a shadowy figure running from the Brady house after the estimated time of the killing. 

Juan Duque, 44, of Portage, said he took his story to police shortly after the murder, but they weren't interested. He said police did not ask him to write a statement, and he doesn't remember signing an incident report. 


Portage police Capt. Roger Peele said investigators talked to Duque and filled out a tip sheet, but didn't believe the information was helpful to the investigation. 


Officers plan to interview Duque again, but the new information doesn't change the focus of his investigation, Peele said. 

Peele wondered aloud why Rogers hasn't said anything about Duque to them. 

Rogers, a former Portage police officer, said he and Brady have known about Duque for four months, after Duque sought unrelated legal advice from him. 

Brady and Rogers said they didn't go to police with Duque because they feared investigators would twist his story. 

" [Brady] would rather have given it to the news media first to protect both himself and the witness from any strong-armed tactics," Rogers said. 

Candee Brady, 42, was found strangled on her kitchen floor on the early morning of Feb. 10, 1997. 

Duque said he was driving home Feb. 9 from his job at U.S. Steel Group's Gary Works at the end of his 3 p.m.-to-11 p.m. shift. 

As Duque traveled down Porter Road, a man appeared from the subdivision, he said. Duque was suspicious. He said he remembers thinking it was too late for jogging. 

"He was running like I used to run when I did something wrong when I was a kid," Duque said. 

Duque said the man had a narrow head, stood 6-foot-1 to 6-foot-3 and had a short haircut. Duque, after making sure his family was safe, said he drove around the area, looking for open garage doors or broken windows. He drove west on Porter Road to Crisman Road. 

He drove north, crossed the railroad tracks and approached the GTE building. 

"There's usually a policeman there," Duque said. "I wanted to report [the man]." 

The police officer wasn't there. 

When Duque began to drive back home, he saw the man again, he said. In the headlights, Duque clearly saw the man's knee-length jacket with a Notre Dame emblem on the back, he said. 

But Duque, still unaware of Candee's killing, said he lost sight of the man when he ran into the woods. 

Duque went home and told his wife what happened. 

He heard about Candee Brady's death the next morning. He said he didn't go to police at first because as a Hispanic, he thought he might be considered a suspect. But after some convincing from his family, friends and neighbors, Duque went to police. 

He said he still didn't want to go until he heard someone else, 9-year-old Jeremy Legget, also saw something. 

Legget, up late that same night, saw someone in his back yard. However, the boy's father, Randy, said his son thought the person looked like a kid. 

Randy Leggett, who lives at Portage Avenue and Pennsylvania Street, said people often enter his back yard to walk by his pond and fountain, even in February. He said he doubts that what Jeremy saw had anything to do with Candee's death. "I don't think he saw what they saw," he said. 

Leggett said he did, however, report his son's claims to his brother-in-law, Assistant Police Chief Ted Jarosak. 

Peele denied the family told police about the sighting. He said that the boy's mother told him that Jeremy made up the story while he was riding the bus. 
















Finding the body
Post-Tribune (IN) 
Monday, February 23, 1998 
Molly McDonough, Staff Writer

Man claims he didn't kill wife Russel Brady remains the prime suspect a year after his wife was strangled, but police have not filed charges. 

- Each day, 50-year-old Russel Brady faces a nightmare he knows will never end. 

Long nights at work as a railroad policeman don't make up for the lonely days that follow. And nothing, he says, can make him forget the horror he came home to a year ago. 

"I kissed my wife good-bye. I went to work. I came home. I found my wife on the floor, and the next thing I know is, a year later, my life is a total wreck," Brady said. 

He remains the lone suspect in the February 1997 murder of 42-year-old Candee Brady. 

Portage police, who say Brady is their prime suspect, have not charged him. Both the police and Porter County prosecutors will hinge their case on long-awaited laboratory results from the Federal Bureau of Investigation. 

Possible motives include Brady's $25,000 share of his wife's life insurance policy (in limbo during the investigation) or anger over an on-going argument between the couple about Brady's child-support payments from a previous marriage. 

Meanwhile, Brady is back to his job patrolling for the Indiana Harbor Belt Railroad in Hammond. He says he didn't kill his wife, that he was in love with her and misses her. 

When Brady reported her death to police, she was lying on their kitchen floor with a plastic bag over her head and an extension cord wrapped around her neck. 

Brady, who can account for his time at work, said he had just finished a midnight to 8 a.m. shift when he returned to the 2203 Kennedy St. home about 8:45 a.m. 

The couple's three dogs were locked in a bedroom, he said. He let the pets out into the enclosed back yard. 

He said he didn't see his wife until he turned to shut the door. Brady said he first thought Candee had fainted. Then he noticed the plastic bag over her head. Her body was blue, stiff to his touch, he said. 

At that moment, Brady's 27 years of law enforcement background eluded him. He said he panicked, started crying and ran to a neighbor for help. 

Few people believe him. 
There are too many unanswered questions, such as who else would commit such a heinous crime of passion against a woman with no known enemies? 

Police remain hopeful the hair, fiber and fingerprint samples sent to Washington will help answer questions. The FBI also is examining the plastic bag and extension cord. 

Test results could help investigators determine whether someone else was present. Police theorize that Candee must have been killed by someone she knew. There was no sign of a struggle and no sign the dogs tried to protect her from a stranger. 

The coroner also determined she had been killed more than eight hours before the murder was reported to police. 

The fight 
Neighbors told police the Bradys fought the night before Candee died. 

Candee's mother, Virginia Morris, has said her daughter talked of leaving her husband. Candee was upset about constant pressures for child support for Brady's two daughters, who did not live with them. 

"We did argue that night, but it wasn't over her leaving me," Brady said. "There was no indication she was going to do that." 

Brady said he and Candee argued because she was about to take liquid morphine that belonged to Brady's mother, who died of cancer in 1995

Candee suffered from severe migraine headaches but also had a heart condition. Brady said he feared the morphine would cause her heart problems. 

Preliminary toxicology tests taken during the autopsy did not locate any drugs in Candee's system. 

Why no CPR? 
When Brady first discovered the bag over Candee's head, he didn't remove it or try to revive her, he said. 

Police asked him why. 

"When I touched her she was stiff," Brady said. "I felt her neck for a pulse. I knew then she was dead." 

Brady, a former county sheriff's deputy in Santa Clara, Calif., thought it best not to disturb the area, he said. 

What about dogs? 
Relatives say the three dogs, especially 14-year-old Gypsy, were protective of Candee and would have tried to defend her from attack. 

Brady said he also wonders who locked up the dogs. The middle bedroom was the place the Bradys put the dogs when company dropped in. 

Although they barked, the dogs were hardly the vicious creatures police claim, Brady said. 

After Candee's death, Brady said he sent his daughters to care for the dogs. Neither had trouble with the animals, Brady said. 

Gypsy, a trained attack dog, was blind and had bowel trouble. The dog died a couple months after Candee's murder. 

Brady said Gypsy was in no condition to seriously threaten an intruder. He said it also was not unusual for the dogs to go into the bedroom and knock the door closed behind them. 

Why no tears? 
Relatives said they began to doubt Brady's claims at Candee's funeral. He did not seem distraught. 

Brady said he can explain: 

"I was still in more of a shock than anything else, even days, even weeks after." 

At the Valentine's Day funeral, Brady said he was exhausted. 

Besides undergoing 10 hours of interrogation without sleep from his eight-hour shift, he made the funeral arrangements. 

During the police interrogation, Brady agreed to talk for hours and be photographed without his shirt. 

"He gave them whatever they wanted, except a confession," said Brady's attorney, Larry W. Rogers. 

Police, however, say Brady is not as cooperative as he claims to be. They say they want to talk with him about discrepancies in his story. 

Portage Police Capt. Roger Peele, chief of detectives, said Brady has not called to check on the investigation and has ceased all communication with the department. 

He didn't tell police he moved to Highland and he hasn't shared information about an alleged witness who saw a man running from the neighborhood the night of the murder. 

The day police first talked to Brady, he agreed to take a lie detector test, Peele said. Brady reneged, following Rogers' advice. 

Peele said the last time police saw Brady was three or four weeks after the killing. 

Investigators were at the Kennedy Street home, taking photographs and gathering information about the dogs. 

When Brady drove up and spotted police, he left. 

"He fled," Peele said. "He just made a U-turn in the street and took off." 

Police got a letter the next week from Rogers, demanding they leave Brady alone. 

What motive? 
Brady says he had no reason to kill his wife. 

He said he and Candee had been in love since the first time they laid eyes on each other in 1978. 

The two met under tragic circumstances. Brady, then a railroad officer for EJ&E, was investigating the murder of Candee's cousin, Carolynn Fletcher, 31. Her murder, along the railroad tracks where she worked as a car inspector, also is unsolved. 

But despite the conditions, Brady and Candee fell in love, even though both were married to others at the time. 

Candee's divorce was amicable. But Brady, who has three children with his first wife, was in constant battles with his ex over child support. 

Relatives speculated Brady may have been after a $75,000 life insurance policy held by Candee. 

Candee's two daughters have received their share of the policy. But because Brady is a suspect in the murder, he has not received his third. 
















It's safer this year, statistics indicate
Post-Tribune (IN) 
Sunday, December 20, 1998 
Frank Wiget, Staff Writer

It's been a relatively safe year in Porter County. 

As 1998 draws to a close, the county coroner's office reports no homicides and a drop in the numbers of traffic fatalities and suicides over last year. 

The last homicide recorded in Porter County was two shooting deaths Oct. 12, 1997, in the West Beach area of the Indiana Dunes National Lakeshore in Portage. 

DaJuan T. Sease, 20, of Portage admitted in a telephone conversation with Portage police detectives and FBI agents on Oct. 25. that he killed Cynthia Gomez, 19, of Merrillville and Estevan Jimenez, 24, of Crown Point 

He then fatally shot himself. Police never learned a motive for the slayings. 

"It was a tragic, random senseless act," Portage Police Chief David Reynolds said of the shootings. "Two people were probably in love and they ended up dead." 

The other homicide in 1997 was Feb. 10. Police haven't made an arrest or filed charges in connection with the strangulation death of CandeeBrady in her Portage home. 

Her husband, Russel Brady , reported finding his wife's body when he returned home from his job as a railroad police officer. 

In recent times, the worst year for homicides in Porter County was 1994, when 10 homicides were recorded, Porter County Coroner John Evans said. 

Five of those died in a Hebron mobile home fire. Last Thursday, Michael Weber Sr., 44, of Wheatfield, was arrested by U.S. Bureau of Alcohol, Tobacco and Firearms agents and taken to federal court in Hammond after he was indicted by a grand jury for arson. The charge, because of the deaths of his wife and four children, could carry the death penalty. 

Porter County Sheriff Larry Dembinski credits the low number of homicides to police keeping on top of gang activity and getting drug dealers off the street. 

"We just put in a computer system for all police departments in the county, providing information on gang intelligence from Lake County - making it easier to keep tabs on gangs trying to get a foothold in Porter County." 

He also cites police cooperation around the county as a factor. 

Reynolds, who becomes sheriff Jan. 1, said homicides often "lack rhyme or reason. No matter how good a job police do, much of it involves the people living in the community. We can only hope this good trend continues." 

Deaths from traffic accidents stand at 24, compared to 29 in 1997. 

The worst year for traffic deaths in the county was 1990, when 38 people died, Dembinski said. He took office in 1991 and started sobriety checkpoints. "We made plenty of DUI arrests the first time and the numbers began to fall as we continued the program." 

Evans agreed that roadblocks and patrols are factors in reducing deaths. "The word gets out, but we also have safer cars with air bags and improved safety harnesses, along with the extra brake light." 

Three fatal accidents this year occurred on U.S. 20 in Porter, at Hadenfelt, Mineral Springs and Waverly Roads. 

Three fatal crashes occurred along U.S. 30 in Valparaiso, two near the Wal-Mart store west of Indiana 49, and another at Horseprairie Avenue. 

Another two were on Indiana 49 at the Indiana Toll Road entrance in Liberty Township and at County Road 25N south of Valparaiso. 

People who died from injuries ranged in age from 6 to 87 and included 15 males and nine females. 

There were 13 suicides to date, compared to 17 in 1997. 

Evans, Reynolds and Dembinski all said the healthy economy with most adults working means fewer people taking their lives in despair. 

PORTER COUNTY DEATHS, BY THE NUMBERS 

Homicides 
1998 - 0 
1997 - 3 
1996 - 2 
1995 - 3 
1994 - 10 
1993 - 3 
1992 - 4 
1991 - 0 
1990 - 4 
1989 - 1 
Source: Porter County coroner's office 
















Arrest surprises community
Yet neighbors and others are not shocked that Russel Brady is the one behind bars today
January 01, 1999 12:00 am  
BOB KASARDA
NWI Times

PORTAGE -- News that an arrest had been made nearly two years after Candee Brady was found strangled in her Kennedy Street home came as a surprise Thursday morning to neighbors and others in the city.

But no one was shocked that it is Candee's husband, Russel Brady, who is now behind bars.

"I'm glad he's caught," said Sandra Webber, who lives just down the street from the home where 42-year-old Brady was murdered in February 1997.

"I think everyone here thought he did it."

Friends described Candee Brady as strong and independent, a caring, loving mother of two daughters and three stepchildren.

She was, friends and co-workers said at the time, a woman that could always be counted on to help others, a woman who enjoyed life to the fullest. By those accounts, she loved being with her family, having cookouts, going to Northwestern and Bears football games and was crazy about her dogs.

The most obvious clue, at least as far as Webber and others are concerned, was the fact that the family dogs were put away in a bedroom when the body was discovered. As anyone in the neighborhood would know, Webber said she felt that was a clear sign that the guilty party was someone with whom the dogs -- Star, Gypsy and Augie -- were very familiar.

"They were very protective of that house," she said of the dogs.

Wilma Bogart, who lives just across the street from the former Brady house, had the same hunch all along.

Neighbors wondered why it has taken so long to make an arrest.

The brutal murder and lack of an arrest had a chilling effect on the typically quiet neighborhood, she said.

"It was kind of scary," Bogart said. "There were a lot of locked houses after that."

As a result, Thursday's arrest came as good news.

"This was the best news I have heard," Bogart said.

Living just two doors away from the former Brady home, Lynn Armstrong had been concerned that the murder would go unsolved, despite what seemed to her like plenty of evidence.

"I had hoped it would come," she said. "I have to give credit to the police department."

Like others, Armstrong liked the idea of being able to move on now, yet felt that healing process was already under way. A new family has since moved into the Brady house and brought new friends for her three small children.

"We're starting a new year and they solved a murder on our block," Armstrong said as the news sank in.

News of the arrest also came as a surprise Thursday morning to the breakfast crowd at Sue's Bakery & Catering on Central Avenue in Portage.

"If he did it, he should pay," said Janice Huckaby, daughter of bakery owner Sue Williams.

"I kind of thought it was him," she said, attracting the same sentiment from Leona Pyles.

Huckaby said she feels less safe in the city these days anyway.

"I think he ought to get the electric chair for it myself."
















Husband faces murder charges
Russel Brady arrested Thursday in connection with the 1997 death of his wife
NWI Times
January 01, 1999 12:00 am  
KEN KOSKY

PORTAGE -- In the two years that have passed since Candee Brady was strangled in her Portage home, police have been working to prove that her husband was the killer.

The investigation finally reached its conclusion Thursday morning when police went to the husband's home and arrested him for murder. Russel Brady, 51, who moved to Highland after the murder, was arrested without resistance.

"He was just quiet ... no emotion," said Portage Police Chief Roger Peele.

Brady faces 45 to 65 years in prison if convicted of the charge. But his attorney, Larry Rogers, said the case against Brady is weak.

"I don't think they have any evidence," Rogers said.

"We still maintain that he was working (at the time of the murder). He can account for his time ... His defense is simple: He didn't do it."

But Portage police allege in court documents filed Wednesday that Brady had the motive and opportunity to kill his wife.

According to the documents, Brady said he last saw his 45-year-old wife about 10:20 p.m. Feb. 9, 1997. He said he then went to his job as a railroad police officer for Indiana Harbor Belt in Hammond. 

Police maintain that the murder could have occurred before Brady left for work.

Brady told police he returned home to 2203 Kennedy St. in Portage at 8:45 a.m. Feb. 10 to find their home locked up and their three dogs shut in the spare bedroom. He told police he then saw his wife lying on the kitchen floor, her head covered with a plastic bag tied with an extension cord. Brady told police a pistol and $200 cash was stolen from the home.

But police state in court documents that a neighbor heard a loud male voice arguing at the Brady home about 6:30 p.m. Feb. 9, when Brady was home.

Police also outlined in court documents that Brady's wife refused to let her money be used to pay the $3,600 he owed his ex-wife in back child support.

Police allege that Brady was a co-beneficiary of the $75,000 life insurance policy on his wife's life and that she had threatened to leave him.

Police also allege in court documents that the Bradys' dogs were extremely protective of Candee Brady and that only her two daughters or her husband could have put the dogs away in the bedroom.

"I believe there was no physical break-in," Detective Dennis Wilkins stated in the court documents.

"I further believe that the victim knew her attacker because she evidently lost consciousness before she had the opportunity to defend herself and because of the lack of evidence of a physical altercation in the house."

Peele said his detectives finished their investigation into the case several months ago and turned over their findings to the Prosecutor's Office. But Prosecutor Jim Douglas has since spent time fine tuning the case and having police tie up loose ends and re-interviewing various people.

Both Peele and Chief Deputy Prosecutor Brian Gensel declined to comment on what physical evidence exists implicating Brady and both declined to outline exactly what they believed happened the night of the murder.

"I imagine the course of events will unfold as the matter comes to trial," Gensel said.

Peele said he's just glad the long hours put into the case have finally resulted in Brady being charged.

"It's a relief," Peele said.

"I feel good for the family (the victim's survivors). I know it's been bothering them ... Nothing will bring her back, but maybe this will make it a little easier for them."

Brady was arrested about 8:45 a.m. Thursday at his apartment on Hampton Drive in Highland. He was taken to the Portage Police Department for processing, but he declined to give police a statement. He was then taken to Porter County Jail, where he was ordered held on $250,000 bond.

He is expected to remain in jail until he has an initial hearing next week in front of Porter Superior Court Judge Roger Bradford.

Gensel said homicide suspects are not generally given a chance to bond out of jail, but Gensel did not believe it was necessary to hold Brady without bond because he has already been out among the public for two years.

"It's not a situation where there is a perceived huge risk, that there's a threat to the public," Gensel said.

Brady's defense attorney, however, told The Times that the $250,000 bond is "tantamount to no bond." 

Rogers said that on Monday he will seek to have Brady's bond reduced and he will file a discovery motion to determine what evidence exists against Brady.

As things stand now, Rogers said police have nothing to tie Brady to the murder. He wonders why prosecutors are filing charges now, two years later.

"Not one iota of new evidence has surfaced," Rogers said.

Rogers said he believes either someone else Candee knew, or perhaps an intruder, committed the murder.

But Peele said the allegation that surfaced about a "shadowy figure" being seen running from the Brady home has been proven false. Peele said police have talked to the person who reportedly saw the shadowy figure, and he denies seeing anything.

Peele said all indications pointed to Brady and that the detectives have built a solid case against Brady.

Even if he is convicted, Brady will not face the death penalty because the aggravating factors required to file a death penalty case do not exist in this case, Gensel said.
















Portage man faces murder charge for wife's stangulation
Post-Tribune (IN) 
Friday, January 1, 1999 
Scheffie Sarver, Staff Writer

The Porter County prosecutor's office filed a murder charge against RusselBrady on Thursday, ending a two-year investigation into the strangling death of his wife, Candee. 

Oddly, the charge was filed on the last day of a year previously unblemished by homicide cases in the county. 

In February 1997, Candee Brady, 42, was found on the kitchen floor of the couple's Portage home with a plastic bag over her head and an extension cord wrapped around her neck. 

The family's three dogs were locked in a spare bedroom. 

Russel Brady told police he discovered his wife's body after he returned from his night job at the Indiana Harbor Belt Railroad. 

At the time, the coroner said Candee Brady had been dead longer than eight hours. 

Brady's attorney, Larry Rogers, said Thursday he hadn't seen the formal charges, but that his client is innocent. 

"The defense is, he didn't do it," Rogers said. "We'll just let that play out." 

The charge was filed almost two years after Candee Brady's death because enough evidence against Brady has accumulated to move forward, Porter County Deputy Prosecutor Brian Gensel said. 

"The investigation has been ongoing all along," he said. "It has now been completed with enough evidence to go ahead with charges." 

Court records also indicate the investigation is concluded. 

Among other points, the documents state: 
* A neighbor overheard the Bradys arguing the night before Candee Brady's death. 

* Candee Brady was upset over her husband's child support obligations to his ex-wife and had threatened to leave him. 

* Brady was scheduled for a court appearance later that month regarding $3,600 in late child support payments. 

* Candee Brady would not consent to use her money for Russel Brady 's support obligations. 

* Russel Brady was a co-beneficiary of a $75,000 life insurance policy on the life of his wife. 

* Their home showed no signs of a break-in, or of being ransacked. 

Brady, who has since moved to Highland, was arrested Thursday and is being held in Porter County Jail on $250,000 bond. 

Gensel said that it is uncommon for a murder suspect to be jailed on bond. "Issues come into play about public safety and that type of thing," he said. 

Because of circumstances surrounding the case, Gensel said, prosecutors asked for an extremely high bond and a judge approved it. 

The Portage Police Department waited more than a year on forensic test results from the FBI laboratory. Among the evidence sent to the forensic lab were hair and fiber samples and the cord found around Candee Brady's neck. 

However, the probable cause affidavit does not address any lab results. 

"There is some evidence that we're waiting for from the state police lab," Gensel said. 

Rogers said the prosecutor's office did not have a "smoking gun" to prove Brady strangled his wife. 

"Who knows why they did it now? I'm not aware of anything (new) for the past six months," Rogers said regarding the evidence in the case. 

The family of Candee Brady declined to comment on the charge. 
















Husband charged in '97 strangulation
South Bend Tribune 
Friday, January 1, 1999 

PORTAGE -- A man who became involved in a legal battle with his in-laws following the death of his wife is now facing a murder charge, Portage police said. 

Russel F. Brady, 51, was arrested Wednesday on a warrant charging him with murder in connection with the February 1997 strangulation death of his wife, Candee J. Brady. 

Mrs. Brady, 42, was found dead in the couple's Portage home on Feb. 10, 1997. An investigation revealed she had been strangled. 

The Porter County prosecutor's office Wednesday filed a charge of murder against Mr. Brady based on an investigation by Portage police. 

A motive for the slaying was not disclosed. 

Mr. Brady was taken into custody Wednesday at his home in Highland, Peele said. He is being held in the Porter County Jail on $250,000 bond. 

Mr. Brady filed suit in August 1997 seeking to stop the sale of the couple's home by Mrs. Brady's parents. 

James and Virginia Morris, Mrs. Brady's parents, maintained they had given the house to their daughter before she was married to Russel Brady . They insisted they had purchased the house for the use of Mrs. Brady and her children from a previous marriage. 

Mr. Brady had argued he was the home's rightful owner because he had made payments on the home and had financed repairs to it. 
















Murder suspect remains in jail
Russel Brady to make his initial court appearance today
January 06, 1999 12:00 am
NWI Times

VALPARAISO -- Russel Brady, the man arrested Thursday in connection with the 1997 murder of his wife Candee, remained locked up Tuesday in Porter County Jail.

Brady did not immediately get to appear in front of a judge because the court was closed for the long New Year's holiday weekend and because the blizzard forced the closure of county courts and government on Monday.

Brady, 51, is scheduled to appear before Porter Superior Court Judge Roger Bradford at 9 a.m. today.

Brady will enter a not guilty plea in front of the judge. And Larry Rogers, Brady's attorney, said he will ask the judge to reduce Brady's bond from the $250,000 amount that has been set. 

Rogers said Brady can't afford the $25,000 he would have to pay a bondsman to post the bond, and he isn't sure a bondsman would risk getting involved in such a large bond even if Brady could pay themthe 10 percent that is charged.

Rogers said Brady will attempt to bond out of jail if his bond is reduced.

"Obviously, he would prefer not to be there (in jail)," Rogers said. "He's taking things in stride and is hoping for the best."

Rogers said he also will file a discovery motion to determine what evidence police have to link Brady to the crime.

Brady was arrested after an investigation that took nearly two years. Portage police allege that in February 1997, Brady strangled his wife in their Portage home. Police allege that a neighbor heard a loud male voice arguing at the home when Brady was home and that Brady was a co-beneficiary of the $75,000 life insurance policy on his wife's life. Police allege that Brady was in financial trouble, owing child support to his ex-wife.

Police also allege the Bradys' dogs were protective, leading to speculation that Brady shut them in a bedroom.

Brady, a railroad police officer for Indiana Harbor Belt in Hammond, moved to Highland after the murder. Brady, who was arrested Thursday at his Highland apartment, faces up to 65 years in prison if convicted of the charge.
















Accused murderer released from jail
Russel Brady will be free on bond while he awaits trial in September
January 07, 1999 12:00 am
Ken Kosky
NWI Times
http://www.nwitimes.com/uncategorized/accused-murderer-released-from-jail/article_5963f75c-fc0e-5ad6-94ad-55e7c9864967.html

VALPARAISO -- Accused murderer Russel Brady is a free man -- at least for now.

The 51-year-old former Portage resident, who spent the past week in jail after being arrested in connection with the murder of his wife Candee, is now free on bond while he awaits trial in September.

Brady's was released from the Porter County Jail after a judge agreed Wednesday to reduce his bond to an amount he could afford. Brady, who had originally been held on a $250,000 bond, was released on a $65,000 bond. He was required to pay a bondsman 10 percent of that total, or $6,500, to bond out.

Brady and his attorney, Larry Rogers, appeared before Porter Superior Court Judge Roger Bradford Wednesday for an initial hearing and to ask for the bond reduction. The standard not guilty plea was entered on Brady's behalf.

Brady, who wore orange jail clothing and leg and arm shackles, nodded and smiled at family members who sat on one side of the courtroom. On the other side were the daughters and the mother of the murder victim.

Most of Wednesday's court hearing consisted of legal arguments over why Brady should or should not receive a reduced bond.

Rogers argued that Brady's bond should be reduced because he has shown no indication that he will flee the area. Rogers said that Brady has known from day one that he was the prime suspect, yet he has remained living and working in the area.

"I just don't think it's likely he's going to flee this jurisdiction," Rogers said.

"If he was going to flee, he probably would have fled before he was arrested. I believe he will stay here and defend himself against these charges."

But Prosecutor Jim Douglas argued that Brady is more inclined to flee now that he has been criminally charged.

"The seriousness of this charge requires a substantial bond," Douglas argued.


Bradford said that there is a certain risk of flight inherent whenever anyone faces a charge like murder, but "there has not been any other demonstrable risk of flight."

After reducing Brady's bond, Bradford ordered attorneys, police officers and potential witnesses "not to discuss the facts of this case publicly."

The judge later explained that the gag order was issued so that potential jurors won't be swayed by news coverage to the extent that more of them will have to be excused from jury duty.


"I don't want either side to get any advantage or disadvantage from it," Bradford said.


After the hearing, family members of both Brady and the woman he is accused of killing shuffled out of the courtroom. Brady's daughter, Tracy, told him "I love you" as she walked away from the courtroom.

Brady, who now lives in Highland, faces up to 65 years in prison if convicted of the February 1997 murder of his wife Candee. The murder occurred in the home they shared in the 2200 block of Kennedy in Portage. After nearly two years of investigations by police, the Prosecutor's Office filed the murder charge against Brady last week.

Brady most likely will be suspended from his job as a railroad police officer as a result of the murder charge, his attorney said. 

The trial is scheduled for Sept. 13.
















Trial judge trims bond for Brady
Post-Tribune (IN)
Thursday, January 7, 1999
Tom Seibel, Staff Writer

After hearing accused wife-killer Russel Brady testify on his personal financial matters, Superior Court Judge Roger V. Bradford reduced the defendant's bond to $65,000 Wednesday. 

The judge also admonished Porter County Prosecutor James Douglas and Chief Deputy Prosecutor Brian Gensel as well as defense attorney Larry Rogers "not to discuss the facts of this case publicly." 

Citing the "notoriety" of the Brady arrest, Bradford instructed the attorneys to likewise warn potential witnesses and others pertinent to the trial against discussing matters publicly. 


Brady, 51, appeared before Bradford Wednesday morning under abnormally strict courtroom security. 

Three sheriff's deputies accompanied the shackled Brady to the third-floor courtroom in the County Courthouse. 

After he sat at the defendant's table, one of the guards stood at Brady's side, while another took position by the door leading to the judge's chamber. The last guard took a station at the doorway leading to the hall. 

It was Brady's first court appearance since his arrest New Year's Eve day on charges of murdering his wife, Candee, 42, in February 1997. 

He has been held in Porter County Jail since the new year on $250,000 bond. 

At the bench, Bradford swiftly advised Brady of his rights as a defendant, reiterated that he was charged with murder, and explained to Brady how, if convicted, he could serve 45 to 65 years in prison. 

The judge then assigned court dates leading up to Brady's Sept. 13 jury trial, the first being an omnibus hearing on April 30 to assure all the proper groundwork is in place for the trial to begin. 

Asking for bond reduction, Rogers called Brady to the witness stand to find his "financial standing" and to determine what bond would be reasonable. 

Questioning also was aimed at finding out what kind of "flight risk" Brady is. 

"I don't think he's going to flee now," Rogers told the judge. "He knew he's been a suspect ever since Candee's death." 

Nearly two years ago, Candee Brady, 42, was found on the kitchen floor of the couple's Portage home with a plastic bag over her head and an extension cord wrapped around her neck. 

Brady told police he discovered his wife's body after he returned home from his night job as a police officer for the Indiana Harbor Belt Railroad. 

The coroner determined Candee Brady had been dead longer than eight hours. 

Three members of Brady's family, including his daughter, Tracy Brady, of Lowell, sat in the gallery Wednesday and watched the court proceeding. 

Several members of Candee Brady's family sat on the other side of the aisle. 

"We're just here to support him. He's a family member and we want him to know we're thinking of him and love him," said Jim McHugh, of Wanatah, Russel Brady 's cousin. 
















Law & order
Post-Tribune (IN)
Friday, January 8, 1999
Staff Writer Frank Wiget

Valparaiso - Accused killer released - Russel Brady , 51, of Highland was released on bond from Porter County Jail on Wednesday pending trial in the February 1997 death of his wife. 

He was released about 7:10 p.m. on $65,000 bond. He paid a bondsman 10 percent of the amount, $6,500, to get out of jail. 

Brady and his attorney, Larry Rogers, appeared in Porter Superior Court earlier Wednesday where the bond was reduced from $250,0000. Rogers maintained Brady isn't a flight risk and has continued to live and work in the area though he knew he was the prime suspect from the beginning. 

Candee Brady, 42, was found on the kitchen floor of the couple's Portage home with a plastic bag over her head and an extension cord wrapped around her neck. 
















Victim's daughters, brother file suit against accused murderer
NWI Times
February 10, 1999 12:00 am

VALPARAISO -- Russel Brady, the man who faces trial in September in connection with the 1997 murder of his wife Candee, faces more problems.

Candee Brady's daughters, Aimee and Jamie Deiotte, have joined with Candee Brady's brother, Michael J. Morris, to file a civil lawsuit against Russel Brady.

The lawsuit states Candee Brady "died violently on Feb. 9, 1997 as the result of an intentional battery committed by (Russel) Brady in the city of Portage."

The lawsuit states Candee Brady experienced pain and suffering between the infliction of the injury and her death and that the survivors continue to suffer pain, suffering and anguish.

Candee Brady's parents, James and Virginia Morris, earlier filed a civil lawsuit against Russel Brady seeking monetary relief.

Russel Brady, who is accused of strangling Candee Brady, remains free on bond while he awaits the criminal trial.
















Family of slain woman files suit against husband
Post-Tribune (IN) 
Thursday, February 11, 1999 

Family members of Candee J. Brady have filed a lawsuit against her husband and accused killer, Russel Brady , seeking money for the anguish they suffered. 

Russel Brady was arrested New Year's Eve and charged with killing his wife. He has been free on $64,000 bond since Jan. 6. 

Candee Brady, 42, was found dead Feb. 9, 1997, on the kitchen floor of her Portage home - a plastic bag over her head and an extension cord wrapped around her neck. 

Russel Brady told police he found his wife's body when he returned home from his night shift as a police officer with the Indiana Harbor Belt Railroad. 

In their suit, Candee Brady's daughters, Jamie Deiotte and Aimee Deiotte, and Candee Brady's brother, Michael J. Morris, are suing Brady for the "pain and suffering" their mother and sister went through in the process of death. 

As a result of Candee Brady's death, family members claim they have suffered financial problems and "severe emotional and physical distress, pain, suffering and anguish." 

At a bond reduction hearing in front of Porter Superior Court Judge Roger V. Bradford, Russel Brady gave a detailed account of his financial standing. 

Aside from a small amount of available cash in the bank for living expenses and attorney fees, and a pension fund with the railroad, Brady said all of his other assets, including a life insurance settlement on his wife's death, are tied up in litigation. 

Brady's jury trial has been set for September. 

The Deiottes and Morris are being represented by Chesterton attorney Cynthia Tilder. 
















Russel Brady murder trial postponed 
August 28, 1999 12:00 am  
KEN KOSKY
NWI Times

VALPARAISO -- The murder trial of Russel F. Brady, the man accused of killing his wife Candee at their Portage home in 1997, has been postponed.

The trial, which had been scheduled to start Sept. 13, was moved to March 6.

Attorneys for both sides appeared in court Friday to discuss the status of the trial and to argue whether prosecutors were failing to share the required documents with the defense.

Brady's attorney, Larry Rogers, complained that the prosecution was failing to turn over police reports that he and his client are entitled to have in order to prepare a defense.

Rogers told Porter Superior Court Judge Roger Bradford that he believes some of the reports contain statements that indicate Brady did not commit the murder.

He mentioned one person who reportedly saw someone running from the area of the Brady home while Brady was at work and his wife was home.

Rogers said prosecutors routinely give copies of police reports to thousands of people charged with felonies. But he said Brady and another accused murderer, David Malinski, are being singled out and not given information.

Prosecutor Jim Douglas argued that there are certain documents he is not required to turn over as part of the "work product" privilege. He said he has asserted that privilege several times in the past when he believes the prosecution and defense won't be able to work out a plea agreement.

The judge agreed to view the documents in question and determine what the prosecution is and isn't required to turn over.

Rogers' request that the trial be postponed was granted. There will now be a status hearing on Nov. 1 in advance of the March 6 trial. 

Rogers said he needed the additional time because of the dispute with prosecutors over documents and because of a traffic accident he was involved in on June 28.

"My accident slowed me up for six or seven weeks and that was a crucial six or seven weeks," Rogers said.

Brady, 52, of Highland, is accused of strangling his wife in February 1997 at the home they shared in the 2200 block of Kennedy in Portage. After nearly two years of investigation by Portage police, the Prosecutor's Office filed a murder charge Dec. 31.

Brady spent a week in jail before Rogers got his bond reduced from $250,000 to $65,000, allowing Brady to bond out while awaiting trial.
















Brady murder trial on hold 
NWI Times
February 23, 2000 12:00 am  
Ken Kosky 

VALPARAISO -- The trial of a Portage man accused of the 1997 death of his wife has been continued.

Russel Brady was set to stand trial March 6 on a murder that he killed his wife Candee inside their Portage home in 1997. But the trial has been continued and no new date was selected by Porter Superior Court Judge Roger Bradford.

Bradford, who is presiding over three other homicide cases, also is expected to be asked to delay two other trials. Attorneys have indicated they will seek to delay the murder trials of Dawn Hopkins and Reggion Slater. Both trials were scheduled to begin May 1.

Hopkins is accused of killing her infant son in Portage in October 1999, while Slater is accused of murdering Kate Pokorny while she worked at a Liberty Township Marathon station in August 1999.

The other remaining murder trial is for Grant Durnell, the Jackson Township man who is accused of causing the death of his infant son, which occurred in December 1999. Durnell's trial is scheduled for June 5.

Bradford said the possibility also remains that some of the cases will be settled with plea agreements before they go to trial.

Hopkins, Slater and Durnell were all ordered held without bond until their trials are concluded. Brady, however, was freed on $65,000 bond shortly after he was arrested.

In another murder case, David Malinski, who was found guilty of murder, criminal confinement, criminal deviate conduct, auto theft, arson and two counts of burglary on Feb. 7, will be sentenced by Bradford March 16. He was found guilty in connection with the disappearance of Lorraine Kirkley, whose body hasn't been found.

Malinski was transferred last week from the Porter County Jail to the Indiana Reception-Diagnostic Center in Plainfield. Offenders are generally kept there for 30 to 45 days before being given a permanent prison assignment.
















Motions filed in Brady murder case
Case expected to go trial Sept. 25
September 08, 2000 12:00 am
NWI Times

VALPARAISO -- The attorney for Russel Brady, who is accused of murdering his wife, Candee Brady, filed several motions Thursday to suppress evidence and bar testimony from the Sept. 25 trial.

Defense attorney Larry Rogers asked Porter Superior Court Judge Roger Bradford to bar the inclusion of videotaped evidence of the Brady home. Rogers claims videotape was illegally made because Portage Police never received permission from Brady to set foot on his property.

In his motion, Rogers accuses Candee Brady's daughter, Aimee Deiotte, of allowing the Portage Police to videotape the home and Russel Brady's three dogs. He argued that Deiotte did not have permission to be at the home or allow anyone into the home.

Rogers also filed a motion to bar any expert or non-expert testimony as to how Brady's three dogs reacted on the videotape or around other people.

"No one can recreate the scene and circumstances of the night of the murder, because we don't know what they were," Rogers said. "You can't expect to put a dog in the same situation and predict its behavior each and every time. Not even an expert can do that."

In another motion, Rogers asked that a hearing be held to determine the relevance of testimony by FBI Supervisory Special Agent Robert Morton.

"To the best of my understanding, Morton hasn't been to the crime scene to investigate," Rogers said. "All he's had to go on, is this slanderous garbage that the prosecutor sent him, which is filled with derogatory statements about my client."

Porter County Prosecutor James Douglas said he would file legal briefs concerning the motions by Wednesday.

"(Morton) will testify as a crime scene expert," Douglas said. "His expertise will be on home invasions and burglary scenes and the ability to identify a staged crime scene."

Brady was arrested following a nearly two-year investigation by the Portage Police, who allege he strangled his wife on Feb. 10, 1997, in their Portage home.

Police say a neighbor heard a loud male voice arguing at the home the night of the murder and that Brady was a co-beneficiary of the $75,000 life insurance police on his wife.

Police also allege the Bradys' dogs were protective, leading to speculation that Russel Brady shut them in a bedroom, before allegedly killing his wife.
















Hearing today in Brady case
Prosecution looks to appeal judge's denial of evidence in murder case
September 23, 2000 12:00 am
NWI Times

VALPARAISO -- A special hearing in the murder case of Russel Brady at 1 p.m. today may determine if the case goes to trial on Monday.

Porter County Prosecutor Jim Douglas is asking to appeal Porter Superior Court Judge Roger Bradford's rulings on motions in the case. If the right to appeal is granted, Brady, who is accused of murdering his wife, Candee Brady, will have to wait until the Indiana State Supreme Court hears the motion, before he goes on trial.

Douglas' appeal states that Bradford has denied the prosecution's use of evidence that is crucial to the case, and without it, the case would be very difficult to try.

If Bradford denies the request, the trial will go on as scheduled, unless Douglas asks for a continuance. Douglas may also move to dismiss the charges with out prejudice, so he could come back and try the case at a later time.

On Sept. 7, Brady's attorney, Larry Rogers, filed several motions to suppress evidence and bar testimony from the Sept. 25 trial.

Rogers asked Bradford to bar the inclusion of videotaped evidence of the Brady home. Rogers claims videotape was illegally made because Portage Police never received permission from Brady to be on his property.

Bradford found that the videotape of the dogs could not be used in evidence because it was made under different circumstances than the night of the murder.

Rogers also filed a motion to bar any expert or non-expert testimony as to how Brady's three dogs reacted on the videotape or around other people.

Bradford ruled that witnesses could testify to the behavior of the dogs, but barred them from drawing any conclusions or opinions on how the dogs would react in certain situations.

In another motion, Rogers asked that a hearing be held to determine the relevance of testimony by FBI Supervisory Special Agent Robert Morton.

Bradford ruled that Rogers is allowed to question Morton, outside of the presence of the jury, before he testifies.

"To the best of my understanding, Morton hasn't been to the crime scene to investigate," Rogers said. "All he's had to go on, is this slanderous garbage that the prosecutor sent him, which is filled with derogatory statements about my client."

Douglas claimed Morton possesses expertise on home invasions and burglary scenes and the ability to identify a staged crime scene.

Brady was arrested following a nearly two-year investigation by the Portage Police, who allege he strangled his wife on Feb. 10, 1997, in their Portage home.

Police say a neighbor heard a loud male voice arguing at the home the night of the murder and that Brady was a co-beneficiary of the $75,000 life insurance police on his wife.

Police also allege the Bradys' dogs were protective, leading to speculation that Russel Brady shut them in a bedroom before his wife was killed.















Murder trial for Portage husband hits a bump Prosecutors ask for delay to appeal judge's ruling barring testimony critical in charges against Russel Brady  
Post-Tribune (IN) 
Saturday, September 23, 2000 
Tom Seibel, Staff Writer

Seventy-five potential jurors could show up at the county courthouse Monday for a jury call with no trial to judge -- if county prosecutors get their way. 

Prosecutor James Douglas' office has petitioned Superior Court Judge Roger V. Bradford to put a stay on the trial of Russel Brady of Portage -- accused of murdering his wife -- to give an appellate court chance to rule on an appeal. 

Prosecutors are challenging a ruling Bradford made on a motion in favor of Brady and his attorney, Larry Rogers. 

Brady's trial was scheduled to start Monday, more than three and a half years after Candee Brady, 42, was found dead by her husband on the kitchen floor of their then home in the 2300 block of Kennedy. 

She had a plastic bag over her head and an electrical cord wrapped around her neck. 

Police always considered Brady, then 50, a suspect in his wife's murder, speculating he murdered his wife, went to work, came home and pretended to fins her body. Or, Brady left his job as a railroad patrol officer, drove his police car home, murdered his wife, then returned to work, police speculated. 

However, Brady wasn't charged until a year and 10 months later, Dec. 31, 1998. 

The prosecutor's office filed papers Thursday asking Bradford to halt the trial while the appeals court reviews his ruling that police officers who interviewed Brady can testify only if there is a tape recording or verbatim transcript of that interview. 

More specifically, statements Brady made in regards to his relationship with his wife are at issue. 

The judge wrote, "it will allow the police officer to put his 'spin' on the defendant's answers." 

The prosecution has no tapes or transcripts, and a substantial portion of their case is gone if police cannot testify about Brady's statements, they claim. 

Going into the trial, if it starts on time, Roger's claims the state has no physical evidence against Brady, no confession, no eyewitnesses, and not even knowledge of what time Candee Brady died. 

Rogers claims the state is trying to convict his client on the "outlandish theory" that Candee Brady was killed because it was an unhappy marriage, claiming she was angry that Russel Brady was paying child support using her money. 

Neither Chief Deputy Prosecutor Brian Gensel nor Larry Rogers would comment on a special hearing in Bradford's courtroom, scheduled for 1 p.m. today. 
















Murder trial for Portage husband hits a bump
Post-Tribune (IN) 
Saturday, September 23, 2000 
Tom Seibel, Staff Writer

Seventy-five potential jurors could show up at the county courthouse Monday for a jury call with no trial to judge -- if county prosecutors get their way. 

Prosecutor James Douglas' office has petitioned Superior Court Judge Roger V. Bradford to put a stay on the trial of Russel Brady of Portage -- accused of murdering his wife -- to give an appellate court chance to rule on an appeal. 

Prosecutors are challenging a ruling Bradford made on a motion in favor of Brady and his attorney, Larry Rogers. 

Brady's trial was scheduled to start Monday, more than three and a half years after Candee Brady, 42, was found dead by her husband on the kitchen floor of their then home in the 2300 block of Kennedy. 

She had a plastic bag over her head and an electrical cord wrapped around her neck. 

Police always considered Brady, then 50, a suspect in his wife's murder, speculating he murdered his wife, went to work, came home and pretended to find her body. Or, Brady left his job as a railroad patrol officer, drove his police car home, killed his wife, then returned to work, police speculated. 

However, Brady wasn't charged until a year and 10 months later, Dec. 31, 1998. 

The prosecutor's office filed papers Thursday asking Bradford to halt the trial while the appeals court reviews his ruling that police officers who interviewed Brady can testify only if there is a tape recording or verbatim transcript of that interview. 

More specifically, statements Brady made in regards to his relationship with his wife are at issue. 
















Brady 'feels good' about chance to face jury on murder charge 
Trial to begin Monday morning with jury selection; it could run two weeks. 
Post-Tribune (IN) 
Sunday, September 24, 2000 
Tom Seibel, Staff Writer

Russel Brady is ready to stand trial on the charge that he murdered his wife Candee. 

"I feel good. It's been too long," he said. 

This was a short time after Porter County Superior Court Judge Roger V. Bradford declined to put a stay on the trial for an appellate court review on a technical matter pursued by the county prosecutor. 

The judge held a special Saturday hearing to announce his decision and said: "I'll see you gentlemen down here at 8:15 Monday when we'll start selecting a jury." 

Brady's words, "too long," were a reference to his being a suspect in his 42-year-old wife's murder on Feb. 10, 1997. 

It was he who called police and said he found his wife slain. 

He had come home from work as a railroad policeman and found his wife on the kitchen floor, a plastic bag over her head and an electrical extension cord tied round her neck. 

Going into the trial, county Prosecutor James Douglas and Chief Deputy Prosecutor Brian Gensel will try to convince a jury that Russel and Candee Brady did not have a happy married life. 

Part of this was due to Candee's anger over money being depleted from the their assets, going toward her husband's payments for child support from an earlier marriage. 

Prosecutors will set up a scenario for the jury that Brady either killed his wife before going to work at his midnight job in Hammond, or that while on patrol in his squad car, Brady drove home to the 2200 block of Kennedy in Portage, killed his wife, then returned to work. 

They will tell the jury that a stranger to the Brady residence could not have gotten past the family's three dogs. 

Brady, who was not charged with killing his wife until more than a year and a half later, is being defended by lawyer Larry Rogers. 

Rogers says he doesn't have to prove a thing to the jury because they will easily see prosecutors don't have a case and that his client didn't do it. In recent court papers filed by Rogers, he said the prosecution has no physical evidence, no confession from Brady, no eyewitnesses and that the state is unable to prove the time of death. 

He also says the Bradys were happily married and had no money problems. 

Brady claims his life has been turned upside down after being a suspect in his wife's murder for so long. 

Even in a 1998 interview with the Post-Tribune, before he was charged, his life was in turmoil, he said. 

"I kissed my wife goodbye. I went to work. I came home. I found my wife on the floor and the next thing I know is, a year later, a total wreck," he had said. 

Bradford has set aside two weeks for the trial, but it is not expected to last that long. 
















Jury picked for Brady trial
Man accused of killing wife in 1997 faces trial starting today
September 26, 2000 12:00 am
NWI Times

VALPARAISO -- A jury of eight women and four men will decide over the next two weeks whether Russel Brady murdered his wife at their Portage home in 1997.

Jury selection lasted all day Monday in Porter Superior Court Judge Roger Bradford's court. With that task now completed, opening arguments will begin this morning.

The trial is expected to take all of this week and much of next week. Jurors will hear arguments during weekdays and will be allowed to go home at nights and on weekends. But they have been ordered to avoid reading about the case or talking about it.

Brady, 53, is accused of strangling his wife, Candee, on Feb. 10, 1997. He was arrested about two years later on murder charges. 

Police and prosecutors believe Brady and his wife were having marital problems and that he killed her because he was a co-beneficiary of a $75,000 life insurance policy.

Police also allege that the Bradys' dogs were protective, leading to speculation that Brady shut them in a bedroom before his wife was killed. Brady, who continues to maintain his innocence, contends he was at work at the time of the murder. Brady faces up to 65 years in prison if convicted.

During Monday's jury selection, potential jurors were asked questions to help the judge and attorneys for both sides weed out those who may not be able to give Brady a fair trial. One of the questions posed to potential jurors was, "Have you heard or read anything about this case?"

One man replied, "I read about the case. It happened in my neighborhood."

The judge noted that just because a person had prior knowledge about the case didn't immediately disqualify them. The potential jurors were asked whether they could set aside what they knew and base their verdict on the court presentation.

Several potential jurors were allowed to leave if serving during such a long trial would create an economic hardship. The jurors who were selected come from a wide variety of professions and age groups. The jurors include a mill employee, a trucker, a retiree, a banker, an engineer and housewives.
















Brady pleased about trial
Trial to begin Monday morning with jury selection; it could run two weeks
Post-Tribune (IN) 
Tuesday, September 26, 2000 
Tom Seibel, Staff Writer

VALPARAISO - Russel Brady is ready to stand trial on the charge that he murdered his wife Candee. 

"I feel good. It's been too long," he said. 

This was a short time after Porter County Superior Court Judge Roger V. Bradford declined to put a stay on the trial for an appellate court review on a technical matter pursued by the county prosecutor. 

The judge held a special Saturday hearing to announce his decision and said: "I'll see you gentlemen down here at 8:15 Monday when we'll start selecting a jury." 

Brady's words, "too long," were a reference to his being a suspect in his 42-year-old wife's murder on Feb. 10, 1997. 

It was he who called police and said he found his wife slain. 

He had come home from work as a railroad policeman and found his wife on the kitchen floor, a plastic bag over her head and an electrical extension cord tied round her neck. 

Going into the trial, county Prosecutor James Douglas and Chief Deputy Prosecutor Brian Gensel will try to convince a jury that Russel and Candee Brady did not have a happy married life. 

Part of this was due to Candee's anger over money being depleted from the their assets, going toward her husband's payments for child support from an earlier marriage. 

Prosecutors will set up a scenario for the jury that Brady either killed his wife before going to work at his midnight job in Hammond, or that while on patrol in his squad car, Brady drove home to the 2200 block of Kennedy in Portage, killed his wife, then returned to work. 

They will tell the jury that a stranger to the Brady residence could not have gotten past the family's three dogs. 

Brady, who was not charged with killing his wife until more than a year and a half later, is being defended by lawyer Larry Rogers. 

Rogers says he doesn't have to prove a thing to the jury because they will easily see prosecutors don't have a case and that his client didn't do it. 

In recent court papers filed by Rogers, he said the prosecution has no physical evidence, no confession from Brady, no eyewitnesses and that the state is unable to prove the time of death. 

He also says the Bradys were happily married and had no money problems. 

Brady claims his life has been turned upside down after being a suspect in his wife's murder for so long. 

Even in a 1998 interview with the Post-Tribune, before he was charged, his life was in turmoil, he said. 

"I kissed my wife goodbye. I went to work. I came home. I found my wife on the floor and the next thing I know is, a year later, a total wreck," he had said. 

Bradford has set aside two weeks for the trial, but it is not expected to last that long. 
















Women predominate jury in trial from 1977 slaying
Post-Tribune (IN) 
Tuesday, September 26, 2000 
Tom Seibel, Staff Writer

A jury of mostly women will sit on the jury for the trial of Russel Brady , accused of the strangulation death of his wife, Candee Brady, in 1997. 

Eight women and four men - with four women alternates - were chosen from a jury pool for the trial that begins this morning with opening statements. 

"I don't think it matters in this case," said Brady attorney Larry Rogers said Monday when asked if the predominance of women on the jury might hep or hurt his case. 

Porter County Prosecutor James H. Douglas declined comment until the trial is over. 

Both Rogers and Douglas spent most of the day weeding through prospective jurors. 

The lawyers also use the questioning time to prime the would-be jurors with the direction their arguments will take. 

At one moment Douglas expanded on a Rogers point, and used it to his own advantage. 

Rogers, talking of cases where wives were murdered, was asking the jury to admit the first thing that comes to mind that the "husband did it." 

Then, referring an "unrelated" and unnamed case, Rogers referred to a recent case in the news where a wife disappeared. Early after, it was suspected there was foul play. 

He was was making reference to the disappearance of Lorraine Kirkley, in which David Malinski was later convicted of the killing. 
















Portage murder trial starts
Defense attorney blasts police, prosecutors for having no evidence
September 27, 2000 12:00 am
NWI Times

VALPARAISO -- The trial of accused murderer Russel Brady kicked off Tuesday with prosecutors showing jurors a slide show featuring Brady's wife, Candee, happy and smiling.

Then, prosecutors showed pictures of Candee dead on the floor of the couple's Portage home, her face covered by a plastic bag, a towel, a pillowcase and a pillow.

Candee, a vibrant 43-year-old, was murdered by her husband following an argument at their home on Feb. 9, 1997, Chief Deputy Prosecutor Brian Gensel said during opening arguments. The motive: Brady owed money and his wife didn't want her share of their savings used to pay the debt.

But Brady's attorney, Larry Rogers, unleashed a 45-minute opening speech in which he criticized Portage police of immediately focusing on the wrong suspect. Now, Rogers said, prosecutors are stuck trying to get a conviction with no evidence.

Rogers told the jury that a few hours after Brady discovered his wife dead, a Portage detective told Brady, "You killed your f------ wife and we're going to prove it."

The murder trial, which is expected to last about two weeks, began Tuesday with the prosecutors' slide show. After showing photographs of Candee, Gensel told jurors that Brady gave conflicting statements. 

Brady at one time said he saw his wife dead and immediately ran to a neighbor's for help. Brady is also accused of saying he checked his wife for a pulse, then ran to the neighbor's.

Gensel said several facts point to Brady killing his wife: their three protective dogs were locked in a bedroom; there were no signs of forced entry into the home; and a few weeks before the murder, Candee withdrew $4,050 from their bank account and hid the check at her mother's home.

"The defendant (Brady) was at the scene during the probable time of death, there was an argument. There was no home invasion ... the defendant had motive," Gensel said.

"The conclusion is that the defendant, Russel Brady ... is guilty of the crime of murder."

Rogers, however, said that 3-1/2 years after the murder, prosecutors "still don't know what happened."

Rogers said that Brady, a railroad police officer in Hammond, was believed by prosecutors to have slipped away from his job, killed his wife, and returned to work. But, when confronted two weeks ago with mileage records and other evidence that showed Brady was at work, prosecutors changed their theory and now believe Brady killed his wife before he went to work on the night of Feb. 9, 1997.

According to Rogers, Brady at first thought his wife committed suicide and therefore "didn't ask for a lawyer and didn't ask to leave (when being questioned by police)."

But Rogers said that three hours after police were called, they concluded that Brady was the killer. Still, Brady had no wounds on his body, indicating he was not involved. And the prosecution's theory that Brady killed his wife because of a $3,000 child support debt he owed an ex-wife is "ridiculous."

Brady's salary was $44,700 a year at the time of the slaying and he had just inherited $27,000 less than a year before the murder. 

Brady had about $9,000 in savings and another $9,000 in a certificate of deposit at the time of death. He just didn't want to pay the $3,000 in child support because he felt he didn't owe it, Rogers said.

The bottom line, Rogers said, is that Brady didn't kill his wife.

"They have such a cockamamie, stupid story (about why Brady killed his wife)," Rogers said.

"What's the evidence that ties Russel Brady to this murder? He's the husband. That's it."

Rogers told the jury that nobody knows what happened the night Candee was murdered. But he said that Candee might well have locked her dogs up and allowed someone else she knew into her home on the night of the murder. But trying to prove Brady killed his wife is the wrong way to go, Rogers said.

"For 3-1/2 years, they (police and prosecutors) have been trying to beat a square peg into a round hole," Rogers said.

At the end of opening arguments, Brady began crying and was comforted by the many family members who sat behind him in the courtroom. On the other side, Candee's friends and family sat, reacting only when the pictures of her dead body were shown.

After opening arguments, prosecutors began their case by calling the Bradys' neighbor, Anne Loehmer, to the stand. Loehmer testified that Brady banged on her door and had her call for help the morning Brady discovered his wife dead. She said she called 911, then went to the Brady home and saw Candee dead and Brady with his head buried in a towel, apparently sobbing.

Portage patrol officer Keith Hughes, the first officer on the scene, testified that the call originally came in as an "unknown medical, possible suicide." At the home, Brady told Hughes a gun was missing from the home. Detectives were then called to take over the investigation.

Rogers tried to establish that the crime scene was contaminated and he got Hughes to testify that 18 cops, firefighters and others were at the home.

However, Porter County Coroner John Evans, who had been involved in every murder in Porter County during the past few decades, testified that he didn't see anything unprofessional in the processing of the crime scene.

Dr. Rick Hoover, the forensic pathologist who performed the autopsy on Candee's body, testified on videotape that Candee died between 4:45 p.m. Feb. 9 and 4:45 a.m. on Feb. 10. Hoover, who could not attend the trial, was questioned earlier this month by both attorneys. His testimony was video taped and shown to the jury Tuesday.

Brady has said he was home with his wife only until about 10:30 p.m. Feb. 9, then he went to work.

Hoover said the examination of the victim's body showed she died of strangulation and that she was also struck in the head. But when asked by Rogers if he could tell who killed Candee, Hoover replied, "Obviously not. I wasn't there."

Gensel and Prosecutor James Douglas will continue their case today with police officers and others expected to testify. The defense will then present its case. Brady faces up to 65 years in prison if convicted of murder.
















Murder suspect's neighbor: I heard yelling
Brady trial continues with defense blasting investigators
NWI Times
September 28, 2000 12:00 am

VALPARAISO -- Murder suspect Russel Brady's next-door neighbor testified Wednesday that he heard "unusual" yelling coming from the Brady home the night Brady's wife, Candee, was murdered.

Wayne Price of Portage testified that while walking out to his driveway at 6:30 p.m. on the evening of Feb. 9, 1997, he heard a man yelling more loudly than one would yell during a normal argument.

"I heard what I consider a very violent shouting ... It just startled me," Price said, adding that he saw only the Bradys' cars at their home.

Wednesday marked the second day of testimony in the trial of Brady, 53, who is accused of murdering his wife at their Portage home.

Prosecutors believe the Bradys were having marital problems. They also believe that on the night of the slaying, Brady locked the couple's "protective" dogs into a bedroom and strangled his wife.

Price bolstered the prosecutors' contention that someone who could handle the dogs killed Candee. Price testified that the dogs often barked, and that on one occasion, a few years before the murder, the Bradys' dog Gypsy bit his leg while he was taking out the trash.

Aside from the neighbor's testimony, almost all of Wednesday's court time centered around whether police did all they could at the crime scene to find the true killer.

Brady's attorney, Larry Rogers, blasted Portage Detective Capt. Dennis Wilkins and Indiana State Police Sgt. David Kintzele for failing to collect all sorts of evidence that could have proven Brady did not kill his wife.

Rogers asked Kintzele if he saved the contents of the Bradys' garbage can -- the one near Candee's body -- and he said he had not. Kintzele also said he didn't process the Bradys' cars for potential evidence.

Rogers asked if the telephone was dusted for fingerprints, or if police hit re-dial to check the last outgoing call, or if police hit *69 to check the last incoming call. Kintzele testified he wasn't aware of any of that being done.

Rogers also questioned why police didn't have Brady take officers through the home and point out if anything was amiss. Instead, police relied on their own instincts to determine if anything looked out of place and needed to be taken as evidence.

After Rogers blasted police for what they did not gather as evidence, Porter County Prosecutor James Douglas countered by pointing out that if police took everything as evidence, they could have spent an entire week just in one room of the house.

"The fact of the matter is a judgment call was made to do what you did," Douglas said.

Douglas asked Kintzele if police did a competent job of processing the crime scene, and Kintzele said, "I believe so."

After Wilkins testified about what evidence he gathered, Rogers questioned why he didn't notice that the Bradys' telephone was unplugged, or why he didn't dust for prints on the holster of a gun that was reported stolen from the Brady home at the time of the murder.

Brady, who appeared in court wearing a sport coat and tie, faces up to 65 years in prison if convicted of killing his wife. After each day's court proceedings, Brady is free to go home because he was allowed to bond out of jail after being arrested for the murder.

In other testimony, Mary Reed of the Indiana State Police laboratory said Wednesday that blood from Candee, her daughter Aimee and an unknown female were found on a comforter in the Bradys' bedroom. 

Blood from Brady was found on a separate comforter.

But Reed also testified that the blood could have been put there five minutes earlier or five years earlier.

The last person to testify Wednesday was Portage Detective Sgt. Terry Swickard. According to Swickard, Brady said that before he discovered his wife's body behind the kitchen table, he placed his belt on the kitchen table, went to another part of the home and didn't see his wife until he returned to the kitchen.

But Rogers confronted Swickard and told him that another police officer's report made no mention on Brady putting a belt on the kitchen table.

"He (Brady) got caught in a lie, didn't he?" Swickard replied.

Swickard also testified that aside from the investigation into Brady's involvement in his wife's death, there was little else for police to investigate. Swickard said police got one tip about a teen seen running about a half mile from the Brady home, but the description was so vague it was of no value.

Swickard also testified that one other suspect -- a young man who once dated Candee's daughter and who had reported being battered by Candee at one time -- was found to have been at work, school and with his new girlfriend during the time frame of the murder.

Prosecutors are expected to continue their case today by calling family members and more police officers as witnesses.
















Neighbor heard voice coming from Brady home
Post-Tribune (IN) 
Thursday, September 28, 2000 
Tom Seibel, Staff Writer

A neighbor to Russel and Candee Brady testified he heard a "violent" man's voice coming from the Brady home in Portage on the eve of the day she was found slain. 

Wayne Price, who lived next door when the Bradys lived in the 2200 block of Kennedy, was putting his car into the garage when he "was startled," he told a jury Wednesday. 

"I heard a very violent voice; I have heard arguments by other people before, but it scared me," Price told Chief Deputy Prosecutor Brian Gensel. 

Price said the man's voice wasn't heard before he entered the garage to go into his house. 

However, under cross-examination by Brady's attorney Larry Rogers, Price acknowledged he never used the word "violent," according to a Feb. 14, 1997, police record. 

"Loud voice" was more then like the description then, Rogers said. 

"Well, it startled me," Price testified. 

Price, along with Portage police and an Indiana state police DNA analyst were among witnesses on the second day of the trial in the strangulation death of Candee Brady , 42, on Feb. 9 or 10, 1997. 

Her husband, who now lives in Highland, was charged with her murder more than a year and a half later. 

Brady, an Indiana Harbor Belt Railroad worker, told police he came home from work that morning and found his wife dead on the kitchen floor. 

Candee Brady was lying on the kitchen floor on her back, a folded towel over her mouth, a pillow case over her head, a plastic bag over that and an electrical extension cord around her neck, Porter County Coroner John Evans testified earlier. 

The jury has been audience to a parade of Portage police officials admitting at times to a flawed investigation, sometimes even under questioning by prosecutors who chose to bring the case to trial. 
















Neighbor hears voice at crime scene
Post-Tribune (IN) 
Thursday, September 28, 2000 
Post-Tribune staff report

A neighbor to Russel and Candee Brady testified he heard a "violent" man's voice coming from the Brady home in Portage on the eve of the day she was found slain. 

Wayne Price, who lived next door to the Bradys in the 2200 block of Kennedy, "was startled," he told a jury Wednesday. Under cross-examination by Brady's attorney Larry Rogers, Price said he never used the word "violent," according to a Feb. 14, 1997, police record. 

Brady, an Indiana Harbor Belt Railroad worker, told police he came home from work that morning and found his wife dead on the kitchen floor. 

Candee Brady was lying on the kitchen floor on her back, a folded towel over her mouth, a pillow case over her head, a plastic bag over that and an electrical extension cord around her neck, Porter County Coroner John Evans testified earlier. 

The jury has been audience to a parade of Portage police officials admitting at times to a flawed investigation, sometimes even under questioning by prosecutors who chose to bring the case to trial. 

Rogers, in one instance, showed Portage Captain Dennis Wilkins a blown-up photo of a disconnected telephone in the Brady home. 

"Did you notice the telephone was unplugged? Do you know how long that phone had been unplugged?" asked Rogers. 

"No," answered Wilkins. 
















Detective: I quickly knew Brady killed wife
Brady's attorney, however, questions detective's objectivity
NWI Times
September 29, 2000 12:00 am

VALPARAISO -- The day that Candee Brady was found dead in her Portage home, Portage Detective Lt. Keith Burden only needed to spend a half-hour in the home to draw the conclusion that her husband Russel Brady could be the killer.

Then, after questioning Brady for a few hours, the detective said, "There was no doubt in my mind he was responsible."

Burden, who testified Thursday in the murder trial of Brady, said parts of Brady's statement didn't make sense. Burden testified that Brady reported to have a "perfect" marriage between 1984 and the time of the murder in 1997, but failed to mention that he and his wife divorced during that time and remarried.

"He had no explanation for ... why he was saying something different now," Burden testified.

Burden said that when he would confront Brady about various things he could not explain, Brady, "Just kind of grinned and said nothing."

Burden also testified that he asked Brady whether the public needed to be warned that there was a mad killer on the loose, and Brady said no.

But Brady's attorney, Larry Rogers, questioned why a lot of the things Brady supposedly said in his statement are not detailed in the police report Burden wrote after the slaying occurred.

Rogers said jurors will never know the truth about Brady's statement to police because police didn't tape record it or videotape it. That, Rogers said, was done so police could put their own spin on his statement and even make things up.

"When did the four of you (detectives) get together and concoct the story...?" Rogers asked.

"There was no story concocted," Burden replied.

Rogers again blasted the police for so quickly focusing on Brady as the suspect -- perhaps resulting in police not considering other suspects.

Rogers pointed out that a woman who lives next to the Bradys reported seeing a blue pickup truck in the Bradys' driveway about 90 minutes before Brady came home and found his wife dead.

Rogers said police disregarded what the woman said because they assumed it was Brady's pickup truck. The only problem, Rogers said, is that Brady's pickup is gray.

But Portage Police Lt. Richard Wood testified that police didn't look further into the pickup truck because the neighbor said the truck belonged to Brady.

Wood also testified that police canvassed the neighborhood around the Brady home and nobody reported seeing anything suspicious on the night of Feb. 9 or the morning of Feb. 10, when the murder occurred.

Prosecutors contend Brady and his wife were having marital problems, so he strangled her. But throughout Thursday's court proceedings, Rogers indicated there could be other explanations for the murder. He asked Burden if it was possible that someone Candee knew stopped by the night of the murder and Candee locked her "protective" dogs in a bedroom. Rogers also suggested that someone Candee knew may have known she withdrew a large amount of money from her savings account -- and that person may have robbed Candee.

Rogers asked Burden if that money was ever found, and he said, "I do not know."

Also testifying Thursday was attorney Chuck Nightingale, who around the time of the slaying was trying to get Brady to pay $3,656 in child support owed to an ex-wife in Arizona. But Rogers said Brady had the money, but did not feel he should have to pay the amount.

Also testifying was Cynthia Tilden, the attorney involved in Candee's estate. Tilden testified that a $4,050 certified check made out to Candee Brady was found to be in the possession of Candee's mother after the murder.

A bank official at Tech Credit Union, where the Bradys did their banking, testified that Candee withdrew $4,800 a few weeks before she was killed. The bank official testified that Candee took the withdrawal in the form of a $4,050 check and $750 cash.

Prosecutors are expected to continue their case on Friday, day four of testimony, with testimony from an FBI crime scene expert and Candee's family members. Brady, 53, who moved from Portage to Highland, faces up to 65 years in prison if he is convicted. If he's found not guilty, he will continue his job as a police officer with Indiana Harbor Belt Railroad in Hammond.
















FBI agent: Brady killed by person she knew well
Testimony fits police contention that husband is to blame; he will take the stand in his own defense
NWI Times
September 30, 2000 12:00 am

VALPARAISO -- Family members of Candee Brady said she was depressed and had stopped being affectionate with her husband in the months before she was killed in her home.

Her husband, Russel Brady, is accused of killing his wife and is standing trial for murder.

As the trial continued Friday, an FBI crime scene analyst told jurors that all signs point to the killer being someone who knew Candee well.

FBI Special Agent Robert Morton testified that the killer strangled Candee for one of three reasons: because he was angry with her, because he stood to gain financially or because he saw her as an obstacle on his way toward a different life.

Morton testified that even though Brady reported that a gun and $200 cash were discovered missing from the home after Candee was killed, the crime was really a murder followed by a poorly staged burglary.

He pointed out that all the violence and disruption in the home were focused on Candee, and that the rest of the home was largely untouched. He pointed out that in real burglaries, the homeowner is strangled only .00012 percent of the time.

The fact that Candee's face was covered by fabric, a plastic bag and a pillow means that the killer was "undoing" what he'd done.

"The offender feels some kind of ... remorse toward the victim," Morton testified.

"He does not want to look at what happened to this victim."

Morton said that he could not tell who killed Candee, but his testimony fits the police contention that Brady killed his wife following a fight at their home.

Also testifying Friday for the prosecution were several of Candee's family members and friends.

Friend Terri Pierce of Merrillville testified that she spoke to Brady after the murder and that he stated "he knew (his wife) was dead and he just ... picked her up, held her and kissed her good-bye."

That testimony contradicts Brady's contention that all he did was check for a pulse on his wife before running out of the house.

Candee's mother, Virginia Morris of Merrillville, testified that the hugs and affection that had been present in the past between the Bradys were not seen in recent months.

Morris testified that Candee was "very sad, very depressed and ... she always sat with a far away look, thinking, thinking." Morris also testified that a few weeks before the murder, Candee withdrew $4,050 from the bank and hid the check in Morris' home.

Morris cried when she was asked to identify the pillowcase that covered Candee's face when she was found dead on Feb. 10, 1997.

"I had given her a set of pillowcases and I had another set like it at my home," Morris said.

Also testifying was Martha Johnson, who worked side-by-side with Candee for six years at Wal-Mart in Hobart. Johnson testified that she and Candee talked like "sisters" and that she learned about Candee withdrawing money from the bank without telling her husband. Johnson wondered if Brady would be mad if he learned of the money withdrawal.

"She (Candee) said she didn't care if he was mad or not," Johnson said.

Candee's daughter, Aimee Deiotte, testified that Candee argued with Brady a lot about the child support he owned his ex-wife in Arizona.

"It was a major problem," Deiotte said.

Deiotte also testified that her mother was "not happy with her life" prior to her death.

Brady's attorney, Larry Rogers, said in court Friday that Brady, 53, who now lives in Highland, will take the witness stand next week to defend himself.

Rogers spent Friday cross-examining the prosecution's witnesses and continuing to criticize the police assumption that Brady killed his wife. Rogers tried to establish that Morton, the FBI expert, may not be an expert because he's testified in only two cases. Rogers also asked Morton what kind of job Portage police did in processing the crime scene.

"They did a fair job," Morton replied.

Rogers also dismissed some of the testimony from Candee's daughters, who testified that Candee would always lock the doors at her home, would not lock away her protective dogs and did not receive visitors late at night. Rogers pointed out that the daughters hadn't lived at the home for years and couldn't know Candee's routines.

Brady faces up to 65 years in prison if convicted of murdering his wife. If he's found not guilty, he will resume his job as a railroad police officer with Indiana Harbor Belt Railroad in Hammond.
















Accused killer Brady likely to take stand 
He will testify for himself in the case of the 1997 death of his wife, Candee
Post-Tribune (IN)
Saturday, September 30, 2000
Tom Seibel, Staff Writer

It is Russel Brady 's turn in the witness stand Monday. 

After listening to a week of other people telling their version of what happened that night of Feb. 9 and 10, 1997, the accused strangler of his wife will be called to the stand by defense attorney Larry Rogers. 

Prosecutors called their last scheduled witness to the stand Friday, but did not rest their case in the event something should develop over the weekend, said Chief Deputy Prosecutor Brian Gensel. 

The state's first witness Friday was Robert Morton, an FBI crime analyst from the bureau's Center for the Analysis of Violent Crime in Quantico, Va. 

By studying photos and reading reports of the Brady investigation, Morton came to the opinion that a "staged burglary" occurred at the Brady home by someone who knew her well. 

The motive for the killing was either anger, money or the theory that Candee Brady was standing in the way of somebody's goals, Morton testified. 

Asked if he could tell who did it, Morton said he couldn't. He did say the woman's face was covered by a remorseful person who did not want to look at her. 

Also testifying Friday were Candee Brady's two daughters Aimee and Jaimee; her brother Michael Morris; her mother Virginia Morris; fellow Hobart Wal-Mart worker and good friend Martha Johnson; and longtime friend Kelly Pierce of Merrillville. 

Much of the line of questioning dealt with the stress the Bradys were going through from his owing back child support to Russel Brady 's ex-wife, Mary Ann Brady. 

Also a topic was a secret $8,000 bank withdrawal Candee Brady made from the couple's bank account a month before she was murdered. 

A surprise comment was made by Pierce, who testified that a couple of days after Candee Brady was murdered, she was consoling Russel Brady over the telephone. Pierce said both were crying. 

"He told me he picked her (body) up, held her and kissed her goodbye," Pierce testified. 

Medical testimony earlier in the trial was the body hadn't been moved once she died on the kitchen floor. 

Prosecutors, by using circumstantial evidence, are trying to convince a jury that Brady didn't find his wife dead on the floor, but strangled her and left her on the floor when he went to work the night before. 
















Brady trial goes to defense 
Prosecutors will close their 'circumstantial' case against a Portage man accused of murdering his wife in 1997 
Post-Tribune (IN) 
Monday, October 2, 2000 
Tom Seibel, Staff Writer

As Russel Brady 's trial for the strangulation death of his wife, Candee, enters its second week today, the prosecution is all but done. 

Brady defense attorney Larry Rogers is expected to pick up the ball and take over. 

Rogers said Friday his defense call of witnesses will be short. The prime witness to be called is Brady. 

What Rogers will have to do with Brady on the witness stand, as he has said in open court, is to break down the state's circumstantial evidence. 

Prosecutor James H. Douglas set the scene for last week's testimony for the state when he primed the jury during jury selection. 

He began giving potential jurors a lesson in law, first by explaining direct evidence as evidence which can be seen and circumstantial evidence as evidence you can infer. 

"I'll tell you right now, this is a circumstantial case," Douglas said. 

The first witness called to the stand by prosecutors last week was Ann Loehmer, an across-the-street neighbor (but not friend) of the Bradys. 

Russel Brady ran to her house for help after discovering his wife's body on the kitchen floor. 

" 'Something's wrong at my house. Call 911. I need help,' " she testified that Brady shouted at her door. 

She testified Brady was sobbing. 

Then Portage Police Patrolman Keith Hughes testified as the first unit on the scene of the Brady home in the 2200 block of Kennedy in Portage. 

That was on Feb. 10, 1997, when Brady, a midnight railroad police officer, had come home at 8:45 a.m. and discovered his wife dead on the kitchen floor. 

Hughes testified the first time that he saw Brady, the suspect was "crying in the hallway near the kitchen" where wife lay dead on the floor. 

Hughes also testified that an outside door from the garage to the side yard was open when he arrived. 

Then came witnesses comprised of a cadre of Portage police detectives, interspersed with a forensic pathologist, an Indiana State Police DNA authority and Porter County Coroner John Evans. 

While their testimony contributed to the prosecutor's circumstantial case in a general fashion, perhaps the hardest punch came from a Brady neighbor at the time, Wayne Price. 

Price testified that he heard a "violent" man's voice coming from the Brady home at a time when Brady would have been at home, according to statements Brady made to police. 

However, Rogers took down Price's statement a notch when he had not used the word "violent" when police took a report from him in 1997. 

On Friday, prosecutors produced a family line-up, including Candee Brady's mother, Virginia Morris. 

In January 1997, the month before her murder, Candee Brady withdrew $8,000 from a bank account she shared with her husband without his knowledge. 

She hid a cashier's check for $4,050 at her mother's home, taped underneath a bed. 

Candee Brady, according to family members, didn't want her money used to pay her husband's back child support. 

At that time, Morris said her daughter was despondent. 

"When she came to my house, she was sad, very depressed. She always sat with a far away look, thinking and thinking." 

The trial resumes at 9:30 a.m. Monday. 
















Brady: I did not kill wife
Jury will decide today if he is guilty of 1997 Portage murder
October 03, 2000
NWI Times



Valparaiso - An emotional Russel Brady was asked point blank in court: "Did you kill your wife?"

"No, I did not," were the only words he got out before he buried his head in tissues and sobbed.

Brady chose to take the witness stand Monday to defend himself against the murder charge he faces in connection with the February 1997 strangling of his wife Candee at their Portage home.

Brady spent nearly five hours on the witness stand, refuting many of the statements police officers and other prosecution witnesses made against him earlier in the trial.

Brady's attorney, Larry Rogers, had him explain why a neighbor heard yelling coming from the Brady home the night Candee was murdered.

"We had a disagreement," Brady told the jury, explaining that he was upset to learn Candee had obtained some liquid morphine and taken it for headache relief. He said the neighbor also could have heard him yelling at the dogs, yelling for Candee to come to dinner or could have heard yelling voices on the television.

Brady's defense wrapped up its case in one day, meaning jurors will hear closing arguments today and will hand down their verdict. Brady, 53, who now lives in Highland, faces up to 65 years in prison if convicted.

Brady testified Monday that he did not need to kill his wife for financial reasons, as prosecutors contend. Brady testified that he did owe his ex-wife a few thousand dollars in child support, but had at least $17,000 in the bank - some of which he inherited from his mother - if he wanted to pay.

"I flat out said no [I won't pay the child support]," Brady said.

"I didn't want to give her any of my mom and dad's money."

Brady told police that on Feb. 10, 1997, the morning he discovered his wife dead in their home, he came home and let their dogs out of the house.

I turned and saw Candee laying there [on the kitchen floor]," he said, crying.

"I leaned down and I could tell she was blue. I touched her arm or wrist. I tried to feel for a pulse...I ran out of the house. I was scared."

Brady told jurors that when police arrived at the home, he discovered his wife's purse and a gun stolen from the home. He said he then agreed to go to the Portage Police Department for questioning. There, according to Brady, Lt. Keith Burden asked him, "Why did you kill your f_____ wife?"

Brady testified that he continued to answer questions from the police because he wanted to help their investigation. When Rogers asked Brady why he didn't leave or request an attorney, he replied, "Because I didn't feel the need to, because I didn't do anything."

Brady also disputed several other things police testified about last week, and used police crime scene photographs to point out suspicious things police didn't even ask him about. For example, one photograph of Candee's body shows an unexplained fiber near her hand.

Another photograph shows toiletries used to clean wounds left out in the master bedroom. Roger pointed out that Brady was checked for injuries and was found to have none.

Porter County Prosecutor James Douglas cross examined Brady, asking him about why he told police he and Candee always got along "fine" - but failing to mention they married, divorced and remarried.

Douglas also asked Brady if the reason for the divorce was an affair he had, and he denied it. 

Douglas also floated a possible motive for murder when he asked Brady if he would have lost his job as a railroad police officer if convicted of battery [because batterers can't carry guns].

Douglas also asked Brady if he would have become upset if Candee asked him for a divorce on the night of the murder. Brady, although appearing pained by the questioning, answered every question.

The only other defense witness on Monday was Brady's co-worker and friend, Lt. Joseph Walker, of the Indiana Harbor Belt Railroad police. Walker testified that immediately after the murder, he and his police chief checked Brady's patrol route and found he could have done his patrols and had enough mileage left to drive to his home and back on the night of the murder.

It wasn't until later - when Brady retraced his steps and showed what he did that night - that Walker knew for sure that the mileage on Brady's police vehicle fit his work assignments and didn't allow for a single mile to travel to Portage.

Walker told the jury that Portage police originally believed that that Brady sneaked out of work, killed his wife, then returned to work. But when the mileage on Brady's police vehicle didn't match that theory, Portage police changed their theory, Walker testified.

Douglas, however, pointed out that the mileage matches up because Brady is the one saying what route he drove, something that can't be verified by anyone.

"You don't know whether he went on that route or not?" Douglas asked.


"No sir," Walker replied.


Brady will return to his job as a railroad police officer if found not guilty.


















Sobbing Brady denies killing his wife 
Jury should get case after final arguments this morning 
Post-Tribune (IN)
Tuesday, October 3, 2000
Tom Seibel, Staff Writer

"No!" 

"No!" 

"No!" 

Those three answers were fired back to three successive questions asked of Russel Brady by his attorney Monday in the final day of testimony in his trial for slaying his wife, Candee, 52. 

"Russ, did you kill your wife before leaving to work on Feb. 9, 1997?" 

"Did you leave work and come home and kill her?" 

"Did you kill her after you came home from work?" 

Those were the questions asked by Brady's South Haven attorney Larry Rogers. 

Brady then broke down into such uncontrollable weeping that Superior Court Judge Roger V. Bradford dismissed the jury to the jury room for an unscheduled break. 

Even with the jury gone and out of sight, Brady and his daughter, Tracy Brady, continued to sob in each others arms in a witness interview room off the gallery. 

It was the fifth day of Brady's trial, the culmination of a case that began on Feb. 10, 1997, when Brady told police he found his wife's body on the floor of their Portage home in the 2200 block of Kennedy. 

Although Portage Police considered Brady a suspect in his wife's slaying a few hours after her body was found, testimony has revealed, the now 53-year-old railroad police officer was not charged until more than a year and a half later, Dec. 31, 1998. 

The defense had the floor for the first time Monday, and Rogers called only two witnesses, Brady, and Indiana Harbor Belt Railroad police Lt. Joseph Walker, his supervisor. 

Rogers also recalled state's witness, Portage Police Lt. Richard Wood, head detective in the Brady case. 

Brady appeared responsive and animated when answering questions by Rogers, but curt and monotone, ending most questions with "sir" when responding to Porter County Prosecutor James H. Douglas. 

The state's suggested that Brady was not cooperative during several hours of questioning after his wife's body was found. A report written by Portage Police Detective Lt. Keith Burden said that Brady wouldn't provide a hair sample. 

Under questioning by Douglas, Brady said he was never asked for a hair sample. "You mean Mr. Burden was lying," Douglas asked. 

"Burden was lying," responded Brady. "If he asked for a sample I would have gave it to him." 

Final arguments were scheduled for this morning, with a chance for the case going to jury afterward. 
















Jury Clears Brady
Portage man not guilty of murdering his wife
October 04, 2000
NWI Times




Valparaiso - Russel Brady banged his hands on a courtroom table after a Porter County jury found him not guilty of murdering his wife.

Brady thanked the jury, hugged his attorney and began to cry in the courtroom after the weeklong trial in which he was accused of killing his wife, Candee, in their Portage home in 1997.

"I want to thank God for helping me get through this," Brady said after the trial. "I want to thank the most wonderful man in the world, [defense attorney] Larry Rogers, who believed in me the entire three and half years. I want to thank my family who believed in me, and I want to thank the jurors who believed in me. I'm just glad it's over and I'm free."

Brady admitted his victory in court, however was bittersweet.

"Nothing in the world will replace Candee," he said. "I loved Candee."

Candee Brady's family sat quietly in the courtroom after the verdict was read, but began to weep as they left the courthouse.

Chief Deputy Prosector Brian Gensel said after the verdict that he was disappointed with the verdict.

"We put forward the best case we could, but it was circumstantial evidence," Gensel said.

The highlight of closing arguments was a dramatic demonstration of how Candee died.

Gensel laid a CPR mannequin on the courtroom floor, and put his hands around the next to demonstrate what Candee endured. 

During the 30 seconds Gensel pretended to choke the mannequin the courtroom was silent, and jurors leaned forward to view the demonstration.

Gensel stressed to jurors that common sense dictated Brady was the killer.

"Russel Brady was the only one with motive and opportunity to kill her," Gensel told the jury.

In the weeks before the slaying, Candee was unhappy with her marriage according to Candee's daughter, Aimee Deiotte, who was recalled to the witness stand shortly before closing arguments.

Gensel told the jurors he believed Brady lost his temper - possibly from realizing Candee might leave him - and killed her.

Brady was then left to fabricate a story about how he found Candee dead - a story he had trouble keeping straight, Gensel said. And Brady's defense was left to throw out "wild theories" about who else could have killed Candee.

"The overwhelming circumstantial evidence proves that Russel Brady killed his wife," Gensel said.

But in his closing argument, Rogers told jurors that circumstantial evidence is dangerous.

"One does not convict someone of murder on a mere possibility," Rogers said. "There is no direct evidence [such as witnesses or physical evidence]."

Rogers said police made up their minds within the first 35 minutes of their investigation that Brad killed his wife. But they failed to prove it, Rogers said, even though they've been trying for three and a half years.

"There are so many loose ends, so many unanswered questions, in order to convict Russel Brady it would have to be nothing more than speculation," Rogers said.

"I don't know who killed Candee and after this trial I'd suggest that you [jurors] don't either.

Rogers again blasted police for failing to look at other suspects or gather even basic amounts of evidence from the home - evidence that he said might have pointed to someone else as the killer.

Brady, who moved from Portage to Highland after the slaying planned to return to his job as a police officer with Indiana Harbor Belt Railroad.

















Brady innocent of killing wife 
Jury deliberated for more than 6 hours in case of Portage husband 
Post-Tribune (IN) 
Wednesday, October 4, 2000 
Tom Seibel, Staff Writer

A Porter County Superior Court jury deliberated for six and a half hours Tuesday before finding Russel Brady innocent of the strangling death of his wife. 

The panel of eight women and four men heard final arguments and then deliberated late into the night Tuesday before returning their verdict in the February 1997 death of Candee Brady. 

Candee Brady's family wept as the verdict was read. 

Candee Brady was found dead on her kitchen floor in the 2200 block of Kennedy Street in Portage. 

Candee Brady's mother, Virginia Morris, and two daughters, Aimee and Jaimee Deiotte, and brother Michael Morris, a Lake County Sheriff's Department correctional officer, listened intently to closing arguments. 

They sat in the gallery behind the prosector's desk. 

Russel Brady 's daughter, Tracy Brady, his brother Roy, and other family members and friends sat in the gallery behind the defense table in the left side of the courtroom. 

Brady was relieved after the trial. 

"I want to thank God for helping me get through this, and I'd like to thank the most courageous man in the world, my attorney, Larry Rogers. I'd like to thank my family for standing by me. I'm glad it is over. Three and a half years is too long. Now I'm free." 

The weeklong trial was filled with innuendo, conjecture, probabilities and possibilities with no direct evidence. 

"I'll tell you right now this is a circumstantial case," Porter County Prosecutor James H. Douglas said during jury selection as the trial opened. 

While Brady's lawyer Larry Rogers harped about a half-complete murder investigation by Portage police, Douglas countered the half that was done was the half that counted. 

"This is not a case of a burglary gone bad, this is not dealing with a sex maniac," Douglas told the jury during his closing argument, "This is an intentional killing of Candee Brady." 

Douglas said the murder was a culmination of motives, including some $8,000 that Candee Brady secretly withdrew from a joint bank account and $17,000 Russel Brady put into home improvement in the house his wife owned along with her parents. 

Douglas said the Brady marriage was getting shaky while Candee Brady was "getting chummy" with her ex-husband. 

"It was anger," that killed Candee Brady, Douglas told the jury. 

Rogers stressed the circumstantial evidence presented. 

"The state wants you to speculate that Russel Brady killed his wife," he said. 

Rogers centered on a cup, spoon and glass on the kitchen counter near Candee Brady's body that went untested. 

"Would any rookie policeman put them into a plastic bag and take them to a lab to be tested for fingerprints or DNA?" Rogers asked. 

"This is a bungled investigation," he told the jury. 

Chief Deputy Prosecutor Brian Gensel said, "We put forth the best case we could. The fact that it was a circumstantial case is what made it difficult. We went with what we had." 
















'It's going to be hard to rebuild my life'
Russel Brady, found not guilty of murdering his wife talks about how being under suspicion for 3 1/2 years has and will continue to pain him
NWI Times
October 05, 2000



A day after a jury cleared Russel Brady of charges he murder his wife, he sat alone in his Highland apartment, sipping a cup of coffee and contemplating how he could rebuild his shattered life.
"It's taken its toll on me," Brady said.

"When you know you didn't do something and you've been accussed, it takes a lot of strength to go through that. But, I had people who believed in me. Not a lot of people, but the people who did believe in me helped keep me going."

Since Feb. 10, 1997 - the day he returned to his Portage home and found his wife, Candee dead - he has been known as "accused murderer" Russel Brady.

Even though he was not held in jail during the years it took for charges to be filed and the case to go to trial, Brady did not feel free until he heard the words, "not guilty" at 10:10 p.m. Tuesday.

_________________________________________________________________

"When you know you didn't do something and you've been accused, it takes a lot of strength to go through that." Russel Brady
_________________________________________________________________


Brady, 53, who has lived in Highland since the slaying, said he may leave Northwest Indiana and his career as a railroad police officer. Both have been a part of his life for as long as he can remember. But now part of him has soured on law enforcement, because he believes Portage police lied during the trial. Part of him is also soured on the region, saying he'll never return to Portage.

"It will take awhile to decide where I want to go, what I want to do...I don't know how I'm going to be in a couple days, next week, or next month," Brady said.

"It's going to be hard to rebuild my life again after this. But it's something I can do...The jury found me innocent."

Still, he's drained financially. He wiped out his 401[k] retirement to pay his legal bills. The $25,000 in life insurance he was to receive from his wife's death remains tied up in litigation. Emotionally, he's also wiped out from the sleeplessness and worry. And personally, he said he's still struggling to deal with life without Candee.

Throughout the trial, Brady clutched a small folder in his hands. He said the folder contained a photograph of him and Candee that helped him get through the trial.

"She was my life. She was everything to me. We enjoyed doing almost everything together."

Now, when he watches the Chicago Bears or other sports on the television, nobody is sitting next to him. As for his prospects of finding someone else, he thinks about this introduction: "Hi, I'm Russel Brady. I've been arrested for the murder of my wife."




Family never doubted him                                                                Brady's daughter, Tracy Drinski, essentially put her own life on hold after the slaying.

"I just automatically felt like it was my duty to take care of him ... and support him," Drinski said.

"I knew it was going to be a long road ahead."

She's spent the past three and a half years making sure he was eating and was getting up to work his job with the Indiana Harbor Belt Railroad Police. She never once doubted her dad.

"I knew all along, in my heart, there was no way he could have done it [killed Candee]," she said.

All the emotions she kept inside reached a climax Tuesday when Brady's fate was left in the hands of 12 jurors.

"While we were waiting, the first couple hours I was kind of calm," Drinski said.

"Going on the fourth and fifth hours [of jury deliberation], I was getting scared and I think everyone else was too."

After six and a half hours of waiting inside the Court Restaurant, located across the street from the Porter County Courthouse, the jury reached its decision.

Drinski and other family members ran through the dark rainy night and took their seats in Judge Roger Bradford's courtroom.

"I was shaking so bad, I didn't know what to expect," Drinski said.

When he [Bradford] said 'not guilty,' I just felt like three and a half years of worry and concern and everything was just gone. But at the same time, I felt like I could, for the first time, start mourning my stepmother's death."

Drinski said the courtroom scene was both joyous and terrible.

"I feel sorry for all of them [Candee's family] for the loss of Candee. They all loved her very much and I feel sorry for the girls because they lost their mother and a short time later their father [Roger Deiotte]."

Still, Drinski knows her father is free.

"I think whatever he decides to do, he'll be OK," Drinski said.

"Today is the first day of his new life. ...I was just telling my husband on the way home last night [from court], for the past three and a half years I've been taking care of my dad. Now he can get on with his life and I get on with mine."

The case is over                                                                            The acquittal of Brady means nobody will be punished for killing Candee Brady. Portage police made it clear during their court testimony that they strongly believe Brady is the killer, and therefore it would be unlikely they would reopen the investigation into another suspect.

"It will always bother me," Brady said.

"Somebody out there killed Candee and that person will probably never be known. ...I think the Portage Police Department did not do their job. If they would have done their job, we may have found the person who killed Candee. They only saw one thing and it was me."

Brady said he had some thoughts about who may have killed Candee. But after having his own name plastered over the newspapers as a suspect, he won't name names.

"I thought I was slam dunked in the papers," he said.

"I don't think the papers were fair with me. Sometimes there are two sides to every story. Sometimes people forget when a story begins it's incomplete, misleading or downright wrong."

However, he acknowledged that his decision to reamin silent until the trial prevented the media from reporting his side.

Who is Russel Brady?                                                                     Brady, a 1965 graduate of Hammon Tech, has spent about three decades in law enforcement. Before that, he was a Marine who did a 13-month tour in Vietnam. He had a brief marriage while in the service, then had a second marriage that produced his two daughters and a son. His third marriage to Candee, spanned from 1984 to the time of Candee's death in 1997, although they were divorced three years during that time.

But Brady now has a new life. His daughter Kelly will soon give him his first grandchild.

He said he spends much of his time, at least now, going to work, watching sports on television, reading Stephen King and Tom Clancy novels and spending time with his family.

"I've learned to appreciate life a lot more after the loss of Candee," Brady said.

"It has changed me in a lot of ways."

An emotional man, Brady broke down and cried several times during the trial and when the not-guilty verdict was read.

Brady said that after being found not guilty Tuesday night, he and his family returned to the Court Restaurant for what he described as a "victory drink." But, he pointed out, it wasn't a victory because in a tragedy nobody wins.

"Things won't be the same," said Brady's daughter Tracy.

"I'm still in a daze. Three and a half years is a long time," Brady added.

"I need some closure on Candee. I need to put her behind me, but I don't want to."






















Juror: Brady verdict not easy
Woman says jurors were not convinced beyond reasonable doubt
NWI Times
October 05, 2000

A member of the jury that found Russel Brady not guilty of murdering his wife, Candee, told The Times that during the six and a half hours of deliberation, jurors found it very difficult to reach a decision.

"Every single person said it's possible he did it...," said the juror, a 55-year-old Valparaiso woman who asked that her name not be used."

"But we honestly felt - I wasn't alone - that the evidence did not support the guilty verdict. We spent a lot of time going over what we had to look at and the instructions the judge gave us...We just really and truly felt it was not proven beyond a reasonable doubt."

Jurors came into the jury room Tuesday with opposing viewpoints about Brady's guilt. They spent the first two hours of deliberation saying what was on their minds. Then they got to the task of reaching a consensus, ultimately determining Brady's guilt had not been proven to the standards required by the judge's instructions. Still, the decision was not made lightly.

"You have someone's life in your hands. It's a very difficult decision," the juror said. "I'd describe it as one of the most emotional experiences I've ever had."

The not guilty verdict means Brady cannot be tried again for the murder. Prosecutors are not expected to bring anyone else to trial in connection with the murder.

"We charged the person we felt was responsible," said Chief Deputy Prosecutor Brian Gensel.

"We went to trial and the jury felt the evidence wasn't sufficient. It was a circumstantial case and that is something that is difficult to overcome. Jurors wanted more direct evidence; which the investigation didn't uncover."

Brady's attorney, Larry Rogers, thought there were two keys to the jury's decision.

"In trying this case, I wanted to key in on two things - no physical evidence tying Russ Brady to the crime and the almost nonexistent police investigation [into other possible suspects]," Rogers said.

Rogers said he was "relieved" by the verdict.

Members of Candee's family cried when the man they believe is the killer was found not guilty.

"We're not going to have a comment at this time," said Candee's brother, Michael Morris, as he exited the courtroom.

Even though the week-long trial ended with a not-guilty verdict, the juror who spoke to The Times said both the prosecution and defense did an excellent job.

"If I was ever in trouble, I'd certainly want Larry Rogers on my side," she said.

"And I really feel the prosecutor's office did the best they could with what they had."
















Police say Brady was their only suspect in killing 
Defense lawyer says Brady case should be example of how not to conduct investigation
Post-Tribune (IN)
Thursday, October 5, 2000
Frank Wiget, Staff Writer

Portage police said Wednesday they have no other suspects or leads to follow with the acquittal of Russel Brady in the death of his wife. 

"Everything pointed to Mr. Brady; any other possible suspects had alibis and were eliminated," said Portage police Capt. Dennis Wilkins, chief of detectives. 


But defense attorney Larry Rogers, a former Porter County sheriff's police officer and chief deputy, said this case is "a textbook example of how not to conduct a murder investigation." 

A Porter County Superior Court jury late Tuesday night found Brady, a 53-year-old railroad policeman, not guilty of the murder of 52-year-old Candee Brady after deliberating for more than six hours. 

Prosecutor James H. Douglas told jurors it was a circumstantial case. And Rogers called it a "half complete" murder investigation by Portage police. 

Wilkins said Wednesday that from the start of the investigation evidence pointed toward the husband. While items had been disturbed around the Brady home on Kennedy Avenue in Portage, " Russel Brady 's trophy room wasn't disturbed." 

Wilkins said that relatives of Candee Brady would call police asking about the investigation, but her husband never did. And when Russell Brady came by the house while detectives were talking with Candee's daughter days later, he backed up and left. 

Wilkins also maintained Candee Brady's three dogs would have become agitated with a stranger. Also, a neighbor heard a violent argument the night before Russell Brady returned home from work and said he found his wife's body. 

Wilkins said the month before her death, Candee Brady withdrew $8,000 from a bank account she shared with her husband without telling him. She also hid a cashier's check for $4,050 at her mother's house, "which didn't point to a happy marriage," he said. 

The detective said investigators did question other people, but they had alibis for the time period in which she died in February 1997. 

Rogers said detectives botched the investigation from the beginning. "They failed to collect evidence, fingerprints and DNA that could have pointed them elsewhere," he said. 

Portage Detective Lt. Keith Burden arrived at the crime scene at 9:25 a.m. Feb. 10, 1997, and left at 10 a.m., "spending only 35 minutes there in a homicide investigation before returning to his office," Rogers said. The defense attorney described that as a rush to judgment. 

A next-door neighbor saw a blue truck in the driveway at 7 a.m. Feb. 10 and Brady drove a gray pickup, which he took to work, Rogers said. Rogers questioned why detectives didn't check out the blue truck that could have been driven by the killer. 
















Trail's cold on Candee Brady 
Defense lawyer says Portage police botched the investigation in wrongfully accusing Russel Brady of murder
Post-Tribune (IN)
Thursday, October 5, 2000
Frank Wiget, Staff Writer

Portage police said Wednesday they have no other suspects or leads to follow with the acquittal of Russel Brady in the death of his wife. 

"Everything pointed to Mr. Brady; any other possible suspects had alibis and were eliminated," said Portage police Capt. Dennis Wilkins, chief of detectives. 

But defense attorney Larry Rogers, a former Porter County sheriff's police officer and chief deputy, said this case is "a textbook example of how not to conduct a murder investigation." 

A Porter County Superior Court jury late Tuesday found Brady, a 53-year-old railroad policeman, not guilty of the murder of 52-year-old Candee Brady after deliberating for more than six hours. 

Prosecutor James H. Douglas told jurors it was a circumstantial case. And Rogers called it a "half complete" murder investigation by Portage police. 

Wilkins said Wednesday that from the start of the investigation evidence pointed toward the husband. While items had been disturbed around the Brady home on Kennedy Avenue in Portage, " Russel Brady 's trophy room wasn't disturbed." 

Wilkins said relatives of Candee Brady would call police asking about the investigation, but her husband never did. And when Russell Brady came by the house while detectives were talking with Candee's daughter days later, he backed up and left. 

Wilkins also maintained Candee Brady's three dogs would have become agitated with a stranger. Also, a neighbor heard a violent argument the night before Russell Brady returned home from work and said he found his wife's lifeless body. 

Wilkins said the month before her death, Candee Brady withdrew $8,000 from a bank account she shared with her husband without telling him. She also hid a cashier's check for $4,050 at her mother's house, "which didn't point to a happy marriage," he said. 

"Prosecutors also questioned witnesses before this case went to trial and believed we had enough to go to trial," Wilkins said. 

The detective said investigators did question other people, but they had alibis for the time period in which she died in February 1997. 

Rogers said detectives botched the investigation from the beginning. "They failed to collect evidence, fingerprints and DNA that could have pointed them elsewhere," he said. 

Portage Detective Lt. Keith Burden arrived at the crime scene at 9:25 a.m. Feb. 10, 1997, and left at 10 a.m., "spending only 35 minutes there in a homicide investigation before returning to his office," Rogers said. The defense attorney described that as a rush to judgment. 

A neighbor saw a blue truck in the driveway at 7 a.m. Feb. 10 and Brady drove a gray pickup, which he took to work, Rogers said. 

Rogers questioned why detectives didn't check out the blue truck that could have been driven by the killer. 
















Nuances influence words' meanings
Words are the tools reporters, columnists and headline writers use each day
Post-Tribune (IN)
Friday, October 6, 2000
Rick Richards

Words can be precise and unambiguous. Occasionally, they aren't. 

Take, for instance, the headline on Wednesday. In some editions, it read, "Brady innocent of killing wife." In other editions, it read, "Jury finds Brady not guilty of killing wife." 

The differences don't seem to be that big a deal. After all, they summed up what happened: A jury deliberated for more than six hours and decided Russel Brady did not kill his wife as Porter County prosecutors charged. 

But the second headline, the one that said "not guilty" is more accurate. 

It's not a matter of right or wrong, either. I've sat in that chair, and at deadline with stories stacked up around you like planes circling over O'Hare, believe me, it's no fun. 

In fact, the question over whether "not guilty" should have been used instead of "innocent" didn't come up until after the paper had been printed. In fact, the Associated Press, the authority on newspaper style, prefers "innocent" over "not guilty." 

But there's a difference between "not guilty" and "innocent." 

When my 3-year-old was born, I had no doubt she was innocent. But when I discovered the other day that the living room candy dish was empty, I could make a case she was guilty. 

But when I asked, she denied. While I didn't have enough evidence to prove she was guilty, I couldn't say she was innocent. 

How words are put together can define a volatile issue. That makes it imperative for reporters, copy editors and headline writers to make sure neutral descriptions show up in print. 

The words "pro-choice" and "pro-life" define the debate on abortion. 

Awhile back, those words showed up in a news story, and a caller wanted to know why we "always use pro-choice as the phrases for a supporter of abortion." 

The answer is we don't. We did in this instance, but we aren't supposed to. 

In our own Post-Tribune Stylebook, the first entry deals with abortion. It says, "Do not use the politically charged descriptions 'pro-life,' 'pro-choice,' and 'abortion advocate.' 'Anti-abortion' and 'abortion rights' are neutral, descriptive terms." 

They're neutral as much as anything can be neutral in the abortion debate. But we do take care to keep these kinds of lightning rod words out of news stories. 

We don't always succeed, but that's why we're always talking about words and what they mean and, most importantly, how they're used. 
















Courts have schedule of heavy cases
Post-Tribune (IN)
Sunday, October 8, 2000
Tom Seibel, Staff Writer

A relatively quiet summer in court was sandwiched between the David Malinski trial last winter and the Russel Brady trial, which concluded last week. 

The Brady trial -- in which he was found not guilty of murdering his wife -- warmed up the pew benches for what promises to be a busy late fall and winter in the Porter County County Court House. 

Unlike the Brady case, which dates back to 1997, trials coming up this year bring back vivid memories of more recent crimes. 

All are considered innocent until proven guilty, but allegations are made against Reggion Slater, Dawn Hopkins, Grant Durnell, Lori Thomas, Christopher Matson, Ernest Mazurkiewicz, Elmer K. Bailey III, and Alan Kirkpatrick. 

Here is a notebook reminder of who they are and what their court status as it stands today, and a few bits of courthouse hallway scuttle. 

Reggion Slater: Accused of the extraordinarily brutal murder of 18-year-old Katie Pokorny, an aspiring first-year college student, as she worked Aug. 11, 1999, as a night clerk at a convenience store at U.S. 6 and Meridian Road. 

His jury trial is set for Oct. 23, but hallway talk is that his public defenders, Gary Germann and Matt Soliday, are trying to plead down from murder with the death penalty to life in prison without parole. 

(Germann could not be reached Friday for comment. He was in Indianapolis attending a seminar on the death penalty). 

Christopher M. Matson: Charged with the May 28, 2000, murder of Porter businessman Rick Pinkerton. 

Following the murder charge, an enhanced charge of being a habitual offender was placed against him. 

Porter County Deputy Prosecutor Todd Schellenbarger said he is ready for a Nov. 20 trial. Matson's public defender Peter Boyles hinted that date might be extended. 

Dawn Hopkins: Accused of murder in the beating dead of her 3-month-old baby boy, Noah. Also charged with two B-felony battery charges. 

Her trial date is Nov. 13, but her public defender Bryan Truitt is quiet when asked about plans. 

Ernest Mazurkiewicz: Is charged with two counts of operating a motor vehicle while intoxicated on June 29, 2000. Dennis M. and Dennis E. Santelli, father and son from Chicago, were killed when the Mazurkiewicz car swerved across the grassy median on the Indiana Toll Road in Portage. There also is a drug charge against him. 

A trial date for the Westville man is set for Feb. 28, 2001. His attorney could not be reached Friday. 

Elmer K. Bailey III: Faces four alcohol causing death charges when late in the summer he drove his car onto a South Haven lawn killing 21-month-old Alexia Ortiz. Because of earlier similar charges, he was ordered held without bond. 

His trial date is Feb. 5, 2000. 

Lori A. Thomas: In a bizarre scheme, she is accused of stealing from the Burger King Restaurant where she worked, setting it on fire, and killing fellow worker Lisa Goetz. 

Trial is tentatively set for Feb. 7. 

Alan E. Kirkpatrick: The probable cause and information sheet says he is charged with voluntary manslaughter for the shooting death of his cousin Jon Kirkpatrick during a family argument on June 27, 2000. 
















Love or hate him, Larry Rogers is a top attorney
His latest victory: Convincing a jury Russel Brady was not guilty of murder
NWI Times
October 09, 2000
pics = brady 5a - 5c
pic = brady 5a

Russel Brady: not guilty of murder.

Michael Copollo: not guilty of rape.

Joseph Hill: not guilty of drunken driving causing death.

What do all three men have in common? They were represented at trial this year by Porter county defense attorney Larry Rogers.

The 51-year-old attorney has become one of the top defenders in the region - respected by his peers, hated by some police officers and loved by his clients.

"I think what gives me an edge is I was a police officer," said Rogers, who was chief deputy of the Sheriff's Department in the late 1970's.

"I've been at crime scenes, gathered evidence, interviewed suspects. Nobody is going to pull the wool over my eyes."

During the recent Brady murder trial, Rogers made a big deal about how at least 18 people were in and out of the crime scene. Rogers told the jurors that based on his experience as a police officer, everyone wants to get a look at the body and may have contaminated the crime scene.

Rogers isn't bothered that his tactics cause many police officers to dislike him.

"I don't care," he said.

"If they do their job and they have the right person, they should get a conviction. If not, they have nobody to blame but themselves."

Rogers pointed out that when police officers or their family members get in trouble, a lot of them turn to him for defense.

Part of Rogers' success stems from his partnership with Bob Harper, a former prosecutor.

Bob's a very experienced criminal lawyer," Rogers said.

"Bob has one of the sharpest legal minds as far as legal concepts. He's a nonstop researcher.

How people view him                                                                    Porter County Sheriff David Reynolds said he will surprise a lot of people with this comment about Rogers: "I have total respect for him."

"Certain officers get offended by him [if he grills them on the witness stand]," Reynolds said.

"You should learn from it. If you make a mistake and he brings it out, it's your job to make sure you don't make the same mistake again."

Reynolds, before he became an administrator, was one of the top investigators in the region and his work helped prosecutors convict several of Rogers' clients.

"I know if my case is put together right and I do the most thorough job I can do, I'm not worried about guys like Larry Rogers. Guys like that better prepare me to do my job."

Chief Deputy Dave Lain of the Sheriff's Department added: "With some police officers, there is always going to be that twinge of resentment over defense attorneys in general."

"A lot of guys see that as opposing sides instead of different parts of the same system. Police, prosecutors and defense attorneys - they're all necessary parts of the criminal justice system.

"Where Larry stirs some negative emotions is that he's very tough, he's very tenacious ... he will find the chink in the armor and point it out.

Tracy Drinski credits Rogers with more than just convincing a jury that her father, Brady, was not guility of murder.

"I think Larry Rogers is probably one of the greatest men that I'll know," she said.

"He's been wonderful for my dad and our family."

It's not just the confrontational style that is key for Rogers, it's how hard he works. Before and during the Brady murder trial, 12 - to 14- hour work days were common. He often relies on his law partner to help with research that puts him in the best position to win.

"It's a tremendous responsibility anytime you represent somebody and they're facing spending the rest of their life in prison," Rogers said. "It's even more of a responsibility when in your heart you believe they're innocent."

He desribed the not guilty verdict in the Brady murder trial as "gratifying".

When Rogers first left police work and started a general law practice, he quickly found criminal law taking up a lot of his time.

"A lot of people I used to arrest and their family members just started coming to me to have me represent them."

When asked if he believed he's the best attorney around, Rogers is quick to respond, "There are a lot of good lawyers around."

And, as Reynolds has seen, he's not unbeatable.

But, as a juror in the Brady trial said, "If I were ever in trouble, I'd certainly want Larry Rogers on my side,"

















Voice of the people - Letters to the editor
Headline in jury verdict insults reader's intelligence
Post-Tribune (IN)
Friday, October 13, 2000

One must question the Post-Tribune's editorial acumen when the Oct. 4 front page headline reads, "Brady innocent of killing wife." 

The article by staff writer Tom Seibel goes on to state, "A Porter County jury deliberated for six and a half hours before finding Russel Brady innocent. . . ." 

Does the accuracy and precision of this headline and article represent the professionalism and product of the Post-Tribune? Or does it represent the Post-Tribune's cavalier attitude toward its readers? 

The headline and lead paragraph was an insult to readers' intelligence. 

Print the truth: Brady was found not guilty; he was not found innocent. 
















Laboratory in Michigan City looking for clients wanting DNA tests 
Most of work is for law enforcement agencies; lab seeks more private clients 
Post-Tribune (IN)
Monday, October 23, 2000
Frank Wiget, Staff Writer

It may not be a service the average citizen seeks, but the advertising fliers say, "DNA (analysis) is affordable." 

The fliers, which include a picture of a DNA molecule, list paternity, forensic and expert testimony among the firm's testing services. 

The Great Lakes Laboratories Inc. recently had about 550,000 of the fliers printed with a toll-free number in an attempt to reach the private sector, said Michelle Volk, director of operations for the laboratories at 118 E. 8th St. 

She said response has been good, with about 150 calls and about 1 percent of the callers using services provided by the labs. "That's a good start in getting the word out." 

While the DNA tests aren't cheap, she said $170 for a test confirming the father of a child isn't that expensive in today's economy. 

The labs provide scientific testing in criminal and civil disputes, with services available to courts, welfare departments, private attorneys and physicians as well as local, state and federal agencies, Volk said. Great Lakes also conducts tests involving criminal activity, including rape, assault and homicide. 

South Haven attorney Larry Rogers, a successful criminal trial lawyer and a former Porter County sheriff's police officer and chief deputy, said he frequently uses the Great Lakes Laboratories in paternity cases. "They are very competent and can get work done quickly," he said. "DNA tests are 99.97 percent accurate for paternity." 

Rogers maintains police and prosecutors don't use DNA testing enough in major criminal cases. "It can clear possible suspects and identify the guilty," he said. 

He cited as an example the recent murder trial of Russel Brady in the death of his wife, Candee, in Portage. He said Portage police failed to collect evidence, fingerprints and DNA that could have pointed detectives elsewhere. 

Brady was found not guilty Oct. 3 by a Porter Superior Court jury of the February 1997 killing of his wife. 

DNA (deoxyribonucleic acid) is extracted from the nuclei of cells, Volk said. Each molecule of DNA, the primary carrier of genetic information in living organisms, consists of a very long spiral structure that has been likened to a "twisted ladder," she said. "The handrails of the ladder string together the ladder's 'rungs,' which are called bases." 

Volk said the bases, composed of four varieties of nucleic acid, combine in pairs called nucleotides. The sequence of the base pairs constitutes the genetic coding DNA, she said. 

DNA typing focuses on identifying and isolating discrete fragments of person to person differences in a sample and comparing one sample with another, Volk said. "If identical fragments appear in both samples, a match is declared." 
















Bailing out
Under Indiana law, even murder suspects can find their way to freedom 
Post-Tribune (IN)
Friday, February 27, 2004
Lori Caldwell, Post-Tribune staff writer

All it took was a smart, tough lawyer, a huge wad of cash and one missing witness to put an accused killer with a lengthy criminal history back on the street. 

Elton Burks, 30, was still in jail on a murder charge in November when his new hip-hop CD, "Millennium Riders," was released. The musical group Prince Amin and the Royal Family has sold thousands of copies since then, a local record producer claims. 

Burks is one of those rare suspects in Northwest Indiana, a Post-Tribune examination has shown, who has been allowed to post bail and get out of jail even though he is charged with murder. 

"Prince Amin," who has been seen by witnesses driving an assortment of expensive luxury cars and trucks, claims to be "on a mission from God," police say. His music, while popular at area record stores, doesn't get much radio time, probably due to some of the lyrics, experts say. 

Burks has been out of jail since posting $50,000 cash bail Jan. 5. 

That was the day Oscar Kelly III was subpoenaed to testify in a bail hearing for Burks before Lake Superior Court Judge Salvador Vasquez. 

Kelly, 22, didn't show up. 

And now he's dead, shot several times while sitting in his parked car on the afternoon of Feb. 9 at 16th Avenue and Broadway in Gary. 

Although police might believe it's no coincidence that the only witness who could testify in a murder trial against Burks is now dead himself, officially they are saying nothing about the potential link between suspect and victim. 

But Burks' successful release is less of a coincidence. 

Murder suspects can seek bond hearings, despite Indiana law that states those charged with murder and treason don't qualify for bond release. 

"I think bond on murder cases happens more often than people believe it does," South Haven lawyer Larry Rogers said. Rogers, who has requested more than two dozen such hearings for clients charged with murder in his career, has won pre-trial release for three. 

"It's rare," Diane Poulton, spokeswoman for Lake County Prosecutor Bernard Carter, said of murder suspects being released on bond. 

She said the office does not keep records on how many defendants charged with murder seek and obtain bond. 

Carter agreed that aggressive defense attorneys often file motions to challenge the veracity of evidence, witnesses or the overall strength of the case. 

"Eighty percent of the time there is some kind of hearing in a murder trial," Carter said. 

Indiana law states that when the "presumption of innocence is strong," a judge may set bail for those charged with murder. 

Carter said defense attorneys can argue the death was the result of self-defense, or there may be other evidence that points to factors that would allow bail. 

"Probably 95 out of a 100 times you are not going to get bond on a murder. But once you file, the state has to put on sufficient evidence. If they can't do that, you are going to get a bond," Rogers said. 

Judges have the authority to set the bond at any amount based on factors such as whether the defendant might not return for trial. If it's high, defense lawyers can appeal for a reduction. 

Rogers successfully defended Portage man Russel Brady , accused of killing his wife in 1997. Brady was permitted to get out after posting a reduced $65,000 bond through a bondsman. The bond had first been set at $250,000. Brady was later acquitted of the charge. 

Angela M. Jones, the wife of a Gary police officer charged with murder last spring, was released from jail after a bond hearing similar to the one requested for Burks by Merrillville attorney Nick Thiros. Jones, released after posting a $5,000 cash bond, is scheduled for trial in April. 

"The court begins by taking into consideration that there is a higher probability the defendant will not be found guilty," Carter said. 

"It's all based on the presumption that the defendant is innocent until proven guilty," he added. 

Gary lawyer Charles Graddick, Jones' attorney, said murder suspects can obtain a bond only by convincing a judge that in a trial, the defendant is likely to be found not guilty of murder. 

"It's very rare that it happens," Graddick said. 

Defense attorneys seek bond hearings for a variety of reasons, Carter noted. The defense can get a close look at the evidence, at witnesses and the type of arguments prosecutors will use during the jury trial. 

"It's a way for them to get our witnesses under oath, an easy way to get a deposition," Carter said. 

The prosecution is required to put on a "mini-trial" of the evidence, which may occur too early in the process to include forensic evidence or other facts that would be prepared in time for the trial. 

The Indiana State Police laboratory in Lowell, which processes much of the evidence for Gary cases, also accepts evidence from police departments in 17 counties. Investigators often wait weeks or months for the final reports on drugs, bullets, fibers and other forensic clues. 

After hearing both sides, a judge may determine the evidence fits a lesser charge, such as reckless homicide or manslaughter. In those cases, bail is permitted, Carter noted. 

"The judge may be asked to consider the state overcharged the defendant," Carter said. Graddick said he believes that's why his client was released from jail. 

Jones told police she and the victim, Jesus Reyes-Martinez, struggled over control of a handgun as she tried to prevent him from killing himself. 

A case involving a Hammond man is another example. Miguel Santiago, charged with murder in the October 2000, beating death of his girlfriend, was released on bail after a hearing. 

He was later found guilty of involuntary manslaughter and battery charges. 

In Burks' case, Kelly's statement describing Burks and co-defendant Victor Wiggins as the men in a van who shot at him and Monique Austin on July 17 outside a Brunswick liquor store, is one of the primary pieces of evidence. 

When Kelly didn't appear Jan. 5, the judge was asked to determine how strong the case was against Burks. 

"Just because a person gives a statement to police doesn't mean in a trial that the statement is evidence. You can't cross-examine a piece of paper," Rogers said, noting defendants have the constitutional right to face accusers. 

Defense attorney Thomas Vanes requested a bond hearing for his client, Leron Comer, charged with murder in the 1998 shooting death of Moses Tucker at 49th Avenue and Georgia Street here. 

"With a 1998 homicide, we are not going to assume that what is on paper still exists today," Vanes said. He said witnesses may no longer be available to testify, especially when several years have passed. 

"You can also do it as a replacement, or supplement, to individual depositions. It's a way to learn more information about the case against your client," he said. 

Suspects charged with murder can also qualify for release before trial if they have been in jail for six months and the trial process is delayed, Vanes added. 

Burks, who had a criminal record as a teen, was arrested almost immediately after his release from the juvenile center and charged as an adult. 

In April 1993, when he was 19, Burks was arrested after allegedly firing shots at Gary Patrolman Reggie Woods. 

Before his arrest on the current murder charge, Burks had been charged with three counts of attempted murder and three counts of battery in three separate shootings last year. 

Burks, whom gang investigators say leads a criminal drug operation also known as "The Royal Family," is considered a "person of interest" in Kelly's death. 

No charges have been filed in the case and there are no outstanding warrants on file that could provide police with a reason to arrest him. 

His trial is set for July 6 on all pending charges. 

While Burks was still in jail last year, his mother, Ida Burks, 69, was shot and killed as she walked to her car after visiting a friend. 

The case has not been solved. Investigators believe she may have been a victim of retaliation by one of Burks' gang rivals.


Bail in the face of murder charges 
It's rare for a person to bond out on murder charges, but it happens, as shown in these examples. Indiana law does not generally allow bail on murder or treason charges, but a judge may set bail when the "presumption of innocence is strong." 

Elton Burke 
Charged with co-defendent Victor Wiggins in July 17 shooting of Oscar Kelly III and Monique Austin in Gary. Kelly was injured; Austtin was killed. 

Bailed out of jail Jan. 5 by posting a $50,000 cash bond. 

Russell Brady 
Charged with killing his wife on Feb. 10, 1997. Brady was acquitted of the charge on Oct. 3, 2000. 

Bonded out on Jan. 8, 1999, by posting 10 percent of a $65,000 bond via a bondsman.

Angela M. Jones 
The wife of a Gary police officer, charged with murdering her ex-boyfriend on March 30. Her case has not gone to trial. 

Walked out of Lake County Jail on May 23 after posting a $50,000 bond. 

Jong Bek 
Charged with two counts of felony murder but was allowed to post bail and was freed. State charges were dropped in favor of a federal case. 

Freed on bail after posting $13,000 in cash for state felony murder charges.

Miguel Santiago
Accused in the beating death of a former East Chicago city employee who died of injuries Oct. 24, 2000. 

Freed on bail after being released on $7,500 cash bond











************











Coming face to face with domestic abuse
Survivors say Family Court program needed
NWI Times
Susan Brown
October 21, 2000

Valparaiso - Theory met reality during Friday's survivor' panel at Valparaiso University's Criminal Justice Conference on Family Violence.

Humiliation. Isolation. Denial. Needing permission and validation. Knowing they're hostages. Forever having to look over shoulders even after they've gotten up the nerve to contact authorities.

That's what domestic violence "feels" like, three women told members of the "caring" professions gathered in VU's Great Hall to try to understand a problem still capable of perplexing them.

The women recounted what the problem "looks" like.

It looks like the fairy tale marriage on the perfect, middle class, tree-lined street.

It doesn't look like what she thought she'd see in the shelter, one woman said.

"I thought the women would have broken arms," she said. "But they were just normal-looking. Like people on the street. They had normal jobs. You'd never know."

But all three women were to find out people around them did know. Some offered solace, other a place of respite if only for a moment.

In the end, however, all three learned survival depended on "making up your [own] mind" to do what is necessary to leave it behind
.
At the end of the panel's allotted time, however, after a gut-wrenching hour of sharing their terror, the women on this survivors' panel looked like the women on every such panel.

They looked like women robbed of their names, their very identities, for fear of retaliation, their faces etched with the pain of their experiences and their voices dimmed by years of being silenced by their abusers, the ministers of their faith and even their rescuers.

In Porter County, the women's stories are familiar by now, nothing new after years of public awareness campaigns.

Some 15 agencies in Porter county coordinate resources for such women and increasingly for their children.

One county official, Porter Circuit Court Judge Mary Haper, is paving yet another avenue of possible rescue, not only in Porter County but throughout the state.

It's called Family Court, a concept that VU coordinators said fit perfectly with this year's conference theme of Family Violence: Causes, Consequences and Solutions.

During a presentation to the conference Thursday night, Harper and her Family Court staff were joined by a state consultant overseeing the three Family Court pilot projects in the state.

Joining Porter County are Monroe and Johnson counties, each of which were granted state funds to explore the various ways of structuring family courts.

It's no longer a questions of "if" Indiana will adopt family courts, it's only a matter of "how", said Frances Hill of Indiana University Law School. According to Harper, Hill is the ultimate authority in the state on child welfare issues.

And since takiong over the county's juvenile court jurisdiction, Harper has been drwaing the links between domestic violence and the effect on children.

Since its kick-off last year, Family Court in Porter County has taken some 30 families under its wing, all with multiple problems such as domestic battery, child abuse and neglect and the need for protective orders.

Among the common principles of the family court dynamic is foremost the idea of taking a holistic look at the family, family  by family father than case-by-case. Hill called this principle the "common sense" approach.

Family court provides for increased use of alternative dispute resolution, coordinated services for families and monitoring of court orders for compliance and modification.

Research varies, but about 33 states currently have some form of family court specialization or are piloting projects.

"We're looking at not just the crime but the effect on the family," Harper said. "The health and safety of the children is the over-riding concern."

Harper said despite all of Porter County's resources, it was missing something.

"We had the spokes to the wheel. We needed a hub," she said. "It's in the courthouse. It's in the courts."

While still in start-up stages in the three counties, once developed adequately, Hill, Harper and her counterparts in Monroe and Johnson counties will be taking the concept on a road show throughout the state in preparation for statewide use.

It's a long-term commitment to establishing some accountability for offenders and relief for victims, something appeared to be vitally important to the women on Friday's panel.

"The physical bruises have healed, but the emotional ones are still there," said one young mother. "The effect on the kids are still there."


















Domestic violence crosses all lines
NWI Times
Lu Ann Franklin
February 25, 2001

The murder of Karen Erwin at the hands of Chad McClellan, in their St. John home on Feb. 17, most likely was the horrific culmination of behavior that Erwin had been exhibiting for some time, according to domestic violence professionals.

Domestic violence knows no boundaries, they said. Abuse occurs at every socio-economic and education level, and more than 95 percent of it is aimed at women by their husbands or boyfriends.

Yet women in higher economic groups tend to stay longer in abusive relationships and seek less outside help, according to advocates who work with abused women.

"Traditionally, we see women in shelter who may not have as many economic resources," said Julie Keiser, executive director of St. Jude House, a shelter in Crown Point.

In the St. John case, after days of trying to reach her son, McClellan's mother went to the Edgewood Estates home and discovered the bodies of her son and Erwin. Police later said that McClellan appeared to have been shot Erwin and then committed suicide.

Erwin, 25, who was Rochester, Ill, was a bartender at a Schererville bar and at the VFW in St. John. She was a psychology major at Purdue University Calumet in Hammond. McClellan, 28, grew up in Dyer and attended Lake Central High School, graduated from PUC and worked for Lucent Technologies in Illinois.
Women with more economic resources may keep their abuse "under wraps because there is a stigma attacked to going into shelter," she said.

In addition, women with more economic resources have much more to lose financially by leaving, said Dana Polomchak, client advocate at St. Jude House.

They may need to leave more upscale homes and more accouterments of wealth. There is also "more intense embarrassment and shame" attached to abuse for these women, Polomchak said. "That will keep them from calling the police."

Another classic situation in higher economic households is the location of injuries, Keiser said.

"The abusers make sure the bruises don't show. There's no having to explain a black eye," she said.

Phillip Helding, D.O., a psychiatrist and executive medical director of behavioral medicine in St. Margaret Mercy Healthcare Centers, said the killing of Erwin in the home she shared with McClellan is not an isolated incident, although murder isn't typical in most domestic violence situations.

What is typical is the escalation of violence in the relationship. "It always accelerates. Only a small percentage end in death," he said.

The abuse cycle usually begins while the couple is dating. A few episodes of verbal abuse or even physical abuse will be followed quickly by remorse on the part of the man and forgiveness by the woman.

Shortly after the couple marries or moves in together, harsh criticism begins. These insults increase in frequency, hostility and anger, Helding said. The attacks become more personal, more demoralizing. The language becomes foul and more sexual in nature.

Then come episodes of pushing, shoving and physical intimidation, the psychiatrist said. The physical violence continues to escalate, and the woman receives black eyes, multiple bruises and/or fractures.

"This abuse also becomes sexualized, so we get rape within the marriage. This is an expression of aggression, rage and control," he said.

Control is what domestic abuse is all about, Helding said. "The male tends to be narcissistic, insecure and has a need for control."

That control can take many forms, according to Keiser, of St. Judge House. The abuser frequently tries to control whom the woman sees outside the home, where she goes and how much money she has.

"No matter how much money is in the home, one way he controls her is that he takes away her resources and takes access to resources away," the shelter's executive director said.

Although certain stressors in a marriage or relationship can exacerbate the abuse, Polmchak said, violent behavior is learned by abusers earlier in life.

Abusers tend to follow a characteristic pattern.

First comes the tension-building phase. Next comes the explosive phase, when the actual violence occurs. That explosion takes the tension away. But there are consequences from the explosion phase, which could include the woman's having serious injuries or leaving the relationship.

"The man then feels out of control. He needs to win her back so he can be in control again. This is what we call the honeymoon phase," Polomchak said. "He'll do whatever works with her to get her back under his control - flowers, a new car, threats of suicide, threats against those she loves."

Once the man has the woman back under his control, the cycle starts again, Polomchak said.

The woman will put up with these abusive cycles until the man does something he's never done before, she said. That could include more extremes of physical violence or targeting the children, if he hasn't before.

Death at the hands of husband and boyfriends tends to occur when the woman tries to leave, Polomchak said.

In 1996, the latest year for such statistics, 1,800 murders occurred in the United States in domestic abuse relationships.

"He's trying to keep her under control, and he may threaten to kill her," Keiser said. "Women should take [that threat] seriously. These guys mean it."





























No comments: