Leighton hearing continued to August after request of new judge

LACONIA — Former NASCAR driver Bradley Leighton is facing five felony charges for improper demolition and asbestos removal of a Meredith home, and although he had a dispositional conference scheduled for Thursday, he requested the case be seen by a new judge on Aug. 11

Leighton was due to appear in Belknap County Superior Court on Thursday, but before Judge Elizabeth Leonard took the stand, the conference was moved at the request of Leighton, who is represented by Attorney Michael Connelly.

Leighton is facing five Class B felony charges for violating the Asbestos Management and Control Act, when he allegedly failed to follow state laws for reporting and removing asbestos material from a house he demolished.

The court administrative assistant called for the defense, and Prosecutor Melissa Fales, to come to the front of the room at about 8:30 a.m. as the docket of cases was about to begin. They briefly conferred at the front of the courtroom, and then again at the back, before exiting.

Outside the courtroom, Fales confirmed that the hearing had been continued, as Leighton had requested to have the case heard by another judge. She said it was approved by the court on Thursday morning before the hearing was set to begin. Fales did not disclose the reasons for their request, and a voicemail was left with Connelly but not returned.

Leighton and Connelly spoke together outside the courthouse, but declined to comment on the case.

Leighton was indicted on Sept. 19 on five felony charges and the indictments allege that he committed asbestos removal violations at 33 Waukewan Street in Meredith between Dec. 13 and Dec. 22.

Leighton was indicted for an “Asbestos Licensing Violation,” for allegedly being engaged in asbestos abatement activity by “wrecking or removing any load-supporting structural member containing or covered by Regulated Asbestos Containing Material.” The indictment specifies this to be “Category II non-friable asbestos- containing material,” which would be crumbled or reduced to powder during demolition. This indictment adds that it was due to removing structural members of the home that contained either tar on lead flashing, window glazing, paint on metal roofing, or floor leveler.

A second indictment, “Asbestos Demolition Notification Violation,” shows that Leighton allegedly started demolishing the home without notifying the local and state authorities, and the home allegedly contained asbestos. He is accused of not complying with regulations that require inspection, removal and disposal of the asbestos containing materials before the demolition. He was required to notify the Department of Environmental Services and “the applicable local government official” at least 10 working days before demolition.

The third indictment was for an “Asbestos Inspection Violation,” and states that as the owner or operator responsible for the demolition, Leighton did not provide inspection for the affected part of the facility for the presence of asbestos before starting demolition.

More from this section

Movies and TV shows casting in Portsmouth

New Hampshire Has 12th Lowest Hazardous Materials Transport Incident Rate in U.S.

Costs of long-term care and senior living in New Hampshire

He was also indicted for an “Asbestos Removal Prior to Demolition Violation,” for allegedly starting to demolish the residence before removing all asbestos containing material from the structure.

The final indictment was for an “Asbestos Removal Procedures Violation,” for failing to abide by five asbestos removal procedures requirements.

Leighton allegedly failed to wet the asbestos containing materials and kept the material wet during and after removing it, preventing the release of fibers until the materials were placed into materials for disposal.

He also allegedly failed to “carefully lower the materials to the ground or floor; remove structural members that were not stripped of asbestos containing material intact or in large sections when possible and carefully lowered to the floor; remove the asbestos containing materials not associated with the structural members in small sections so it wouldn’t accumulate on the floor; and perform cleanup using approved cleaning and vacuuming techniques until no visible residue was observed in the work area.

Leighton buys and sells Lakes Region properties, with seven in Meredith, but is not a licensed asbestos removal contractor.

Leighton originally retained attorney Nicholas Brodich of Tarbell & Brodich in Concord, and waived his arraignment. He was released on the promise to return to court and not contact three people included in court records.

Dispositional conferences were cancelled on Dec. 2 and Jan. 23. Also on Jan. 23, Brodich filed a notice of withdrawal from the case.

Records show that on Jan. 12, Connelly, of the law firm Hinckley Allen, out of Manchester, notified the court that he is representing Leighton.

On Jan. 30, the dispositional conference was cancelled as the counsel was recently retained, and had not had the opportunity to fully review the discovery or perform other aspects in preparation for the dispositional conference. Leighton also waived his right to a speedy trial.

A status conference has been scheduled for Aug. 11 at 9 a.m. at Belknap County Superior Court, with Judge Mark Howard to preside.