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Democratic Candidate Grady Pulled No Punches, Literally
The Fighting District Attorney?
By Chris Freind, The Bulletin
The race for Philadelphia District Attorney has become heated, with five Democratic candidates pulling no punches as they head into the May 19 primary.
But for Brian Grady, a former assistant district attorney, pulling punches has a very literal meaning, as he was involved in a 1997 courtroom brawl with another lawyer that featured closed-fist punches, headlocks, and head-banging.
In 1999, the Disciplinary Board of the Supreme Court of Pennsylvania ordered Mr. Grady to be “suspended from the bar of this commonwealth for a period of six months” stemming from a 1997 incident in which he physically struck his opposing counsel.
According to the transcript of Disciplinary Board’s Finding of Facts, Mr. Grady “became very upset” when the Judge in the case, Richard Klein, granted a motion that Mr. Grady opposed. Mr. Grady then told the judge that he “could not do that,” and requested permission to take an interlocutory appeal, which the court denied.
At this point, Mr. Grady’s demeanor changed, and he became “outraged.” He then began “yelling and accused the judge of committing judicial misconduct” and continued “screaming at the judge.” Judge Klein, then 3 feet from Mr. Grady, instructed him to keep quiet, because, in the judge’s words, Mr. Grady was “yelling, screaming, shouting and not really acting as a lawyer.”
The situation escalated when Mr. Grady, listed as 6 foot 4 inches and 225 pounds, apparently came within “inches” of the much smaller judge.
The opposing counsel, Joseph Stanton, approached Mr. Grady in the hope that he would stop his outburst, testifying that he intervened because he was concerned for the judge’s safety.
A struggle ensued between the two men, and Mr. Stanton, described as 5 foot 10 inches and 160 pounds, was punched in the face by Mr. Grady, who struck him with a closed fist.
The transcript also stated that Mr. Grady “put [Stanton] in a headlock, and punched him at least two more times.” Mr. Stanton’s head was “banging into the wall,” the report also said.
“I never went after the judge — that’s been the fish tale,” Mr. Grady said. “This was between Joe and me.”
“Joe stepped toward me, and he struck me. I took a picture of the bruise. I hit him back, and I hit him a lot harder. That was that,” Mr. Grady explained.
“It happened,” Mr. Grady told The Bulletin. “It was a situation where we were in an argument that escalated. I felt the commonwealth wasn’t being treated properly, and I argued as such. Joe felt that my argument was a little too aggressive, and that was what led to us getting into it physically. I defended myself, and I hit him.”
Reflecting on the situation, Mr. Grady cited his passion as a factor in the fight.
“I’m a very passionate person, and if I feel if someone is being wronged, I stand up. At the time, I felt that the commonwealth was being wronged, and I stood up and argued in favor of the commonwealth,” he said. “I’ve dedicated my entire professional life to criminal justice.”
Mr. Stanton expressed his “disappointment” after learning that Mr. Grady was maintaining that he was acting in self-defense.
“What happened that day was witnessed by a stenographer who recorded what she saw and heard. The corresponding notes of testimony repudiate Mr. Grady’s version of what led up to the subject confrontation,” Mr. Stanton said. “Mr. Grady’s actions and statements directed toward Judge Klein, as well as his actions towards me, were completely out of order. I am assuming that is why Mr. Grady called the following day to apologize for his conduct.”
According to a 1997 newspaper article describing the altercation, Judge Klein was said to have thought Grady was going to hit him. He was quoted as saying, “Mr. Stanton, if anything, was a peacemaker.”
Judge Klein held Mr. Grady in contempt of court and fined him $2500. Additionally, as a result of the altercation, the District Attorney’s office suspended Mr. Grady without pay and his employment status became probationary for one year. He was also not permitted to return to a trial courtroom for a “minimum of six months, commencing June 16, 1997.”
No charges were filed against Mr. Stanton.
The D.A.’s office also required Mr. Grady to receive anger management therapy. He underwent alcohol screening “to determine whether treatment for alcoholism was appropriate” and was found to have no problems.
(In July 1998, Mr. Grady was arrested in Delaware County for driving under the influence of alcohol. On May 26, 1999, a county judge placed him on probation for one year, suspended his license for three months, and ordered him to perform 16 hours of community service).
Mr. Grady paid the contempt fine, testified that it was inappropriate behavior on his part to argue and raise his voice to the judge, and that his argument got out of hand. He also testified that he had no intention of striking the judge, and agreed that the judge was correct in finding him in contempt.
He resigned from the D.A.’s office in 1998 and went to work for a private law firm. In July 1999, Mr. Grady was suspended from practicing law by the state Disciplinary Board, and in March 2000, he was reinstated to the bar.
“I can’t hide from it. I certainly did it. I’m not afraid to stand up for myself and I’m not afraid to stand up for others,” Mr. Grady said. “Obviously, I’m not advocating going around hitting people. But I absolutely have not lost that passion for the law, and haven’t lost my passion for this city. And that’s the same passion you’ll get out of me as District Attorney.”
Mr. Stanton offered his insight regarding Mr. Grady’s suitability for the D.A. position. “While I agree that the office of District Attorney must be held by a person with a strong passion for protecting the citizens of Philadelphia, that passion must be tempered by respect for the court and opposing counsel,” he stated. “What I witnessed at the Criminal Justice Center in 1997 fell far short of that standard.”
According to Mr. Stanton, he has not spoken to Mr. Grady since the day after the incident occurred, when he said Mr. Grady called him to apologize.
“What I witnessed would certainly disqualify Mr. Grady for the position that he now seeks. On the other hand, if over the last decade Mr. Grady has successfully transformed his demeanor and outlook towards his fellow citizens, he may be a worthy candidate,” he said.
“However, if the Judge Klein incident is going to be an issue in the campaign, Mr. Grady needs to deal with this incident in an honest and complete fashion. He may be well served to review the notes of testimony from the incident, as well as the statements of other witnesses to the incident,” Mr. Stanton added.
The Grady campaign has raised $15,000. Dan McCaffrey, the fundraising leader, has amassed $300,000.
Chris Freind can be reached at cf@thebulletin.us
But for Brian Grady, a former assistant district attorney, pulling punches has a very literal meaning, as he was involved in a 1997 courtroom brawl with another lawyer that featured closed-fist punches, headlocks, and head-banging.
In 1999, the Disciplinary Board of the Supreme Court of Pennsylvania ordered Mr. Grady to be “suspended from the bar of this commonwealth for a period of six months” stemming from a 1997 incident in which he physically struck his opposing counsel.
According to the transcript of Disciplinary Board’s Finding of Facts, Mr. Grady “became very upset” when the Judge in the case, Richard Klein, granted a motion that Mr. Grady opposed. Mr. Grady then told the judge that he “could not do that,” and requested permission to take an interlocutory appeal, which the court denied.
At this point, Mr. Grady’s demeanor changed, and he became “outraged.” He then began “yelling and accused the judge of committing judicial misconduct” and continued “screaming at the judge.” Judge Klein, then 3 feet from Mr. Grady, instructed him to keep quiet, because, in the judge’s words, Mr. Grady was “yelling, screaming, shouting and not really acting as a lawyer.”
The situation escalated when Mr. Grady, listed as 6 foot 4 inches and 225 pounds, apparently came within “inches” of the much smaller judge.
The opposing counsel, Joseph Stanton, approached Mr. Grady in the hope that he would stop his outburst, testifying that he intervened because he was concerned for the judge’s safety.
A struggle ensued between the two men, and Mr. Stanton, described as 5 foot 10 inches and 160 pounds, was punched in the face by Mr. Grady, who struck him with a closed fist.
The transcript also stated that Mr. Grady “put [Stanton] in a headlock, and punched him at least two more times.” Mr. Stanton’s head was “banging into the wall,” the report also said.
“I never went after the judge — that’s been the fish tale,” Mr. Grady said. “This was between Joe and me.”
“Joe stepped toward me, and he struck me. I took a picture of the bruise. I hit him back, and I hit him a lot harder. That was that,” Mr. Grady explained.
“It happened,” Mr. Grady told The Bulletin. “It was a situation where we were in an argument that escalated. I felt the commonwealth wasn’t being treated properly, and I argued as such. Joe felt that my argument was a little too aggressive, and that was what led to us getting into it physically. I defended myself, and I hit him.”
Reflecting on the situation, Mr. Grady cited his passion as a factor in the fight.
“I’m a very passionate person, and if I feel if someone is being wronged, I stand up. At the time, I felt that the commonwealth was being wronged, and I stood up and argued in favor of the commonwealth,” he said. “I’ve dedicated my entire professional life to criminal justice.”
Mr. Stanton expressed his “disappointment” after learning that Mr. Grady was maintaining that he was acting in self-defense.
“What happened that day was witnessed by a stenographer who recorded what she saw and heard. The corresponding notes of testimony repudiate Mr. Grady’s version of what led up to the subject confrontation,” Mr. Stanton said. “Mr. Grady’s actions and statements directed toward Judge Klein, as well as his actions towards me, were completely out of order. I am assuming that is why Mr. Grady called the following day to apologize for his conduct.”
According to a 1997 newspaper article describing the altercation, Judge Klein was said to have thought Grady was going to hit him. He was quoted as saying, “Mr. Stanton, if anything, was a peacemaker.”
Judge Klein held Mr. Grady in contempt of court and fined him $2500. Additionally, as a result of the altercation, the District Attorney’s office suspended Mr. Grady without pay and his employment status became probationary for one year. He was also not permitted to return to a trial courtroom for a “minimum of six months, commencing June 16, 1997.”
No charges were filed against Mr. Stanton.
The D.A.’s office also required Mr. Grady to receive anger management therapy. He underwent alcohol screening “to determine whether treatment for alcoholism was appropriate” and was found to have no problems.
(In July 1998, Mr. Grady was arrested in Delaware County for driving under the influence of alcohol. On May 26, 1999, a county judge placed him on probation for one year, suspended his license for three months, and ordered him to perform 16 hours of community service).
Mr. Grady paid the contempt fine, testified that it was inappropriate behavior on his part to argue and raise his voice to the judge, and that his argument got out of hand. He also testified that he had no intention of striking the judge, and agreed that the judge was correct in finding him in contempt.
He resigned from the D.A.’s office in 1998 and went to work for a private law firm. In July 1999, Mr. Grady was suspended from practicing law by the state Disciplinary Board, and in March 2000, he was reinstated to the bar.
“I can’t hide from it. I certainly did it. I’m not afraid to stand up for myself and I’m not afraid to stand up for others,” Mr. Grady said. “Obviously, I’m not advocating going around hitting people. But I absolutely have not lost that passion for the law, and haven’t lost my passion for this city. And that’s the same passion you’ll get out of me as District Attorney.”
Mr. Stanton offered his insight regarding Mr. Grady’s suitability for the D.A. position. “While I agree that the office of District Attorney must be held by a person with a strong passion for protecting the citizens of Philadelphia, that passion must be tempered by respect for the court and opposing counsel,” he stated. “What I witnessed at the Criminal Justice Center in 1997 fell far short of that standard.”
According to Mr. Stanton, he has not spoken to Mr. Grady since the day after the incident occurred, when he said Mr. Grady called him to apologize.
“What I witnessed would certainly disqualify Mr. Grady for the position that he now seeks. On the other hand, if over the last decade Mr. Grady has successfully transformed his demeanor and outlook towards his fellow citizens, he may be a worthy candidate,” he said.
“However, if the Judge Klein incident is going to be an issue in the campaign, Mr. Grady needs to deal with this incident in an honest and complete fashion. He may be well served to review the notes of testimony from the incident, as well as the statements of other witnesses to the incident,” Mr. Stanton added.
The Grady campaign has raised $15,000. Dan McCaffrey, the fundraising leader, has amassed $300,000.
Chris Freind can be reached at cf@thebulletin.us
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