Bradley Leighton, accused of improper asbestos removal, will go to court in December

Bradley Leighton, a former NASCAR driver accused of asbestos contamination, has an attorney and declined a hearing for the reading of the charges against him, according to court documents.

Leighton, husband of Meredith Selectboard member Lynn Leighton, was indicted on multiple charges related to a state law about the Asbestos Management and Control Act, for allegedly failing to follow rules for safe reporting and removal of asbestos material. 

Attorney General John Formella and Department of Environmental Services Commissioner Robert Scott sent a media release on Oct. 1 that Leighton was indicted on five felony charges. 

Leighton is accused of starting demolition on a home in Meredith without providing proper notice to local and state authorities. The home allegedly contained asbestos, a hazardous substance found mostly in older building materials, and Leighton is accused of failing to comply with regulations requiring inspection, removal and disposal of materials containing the hazard prior to demolition. 

According to the direct indictment, handed down Sept. 19, Leighton buys and sells properties in the Lakes Region — he’s got seven in Meredith, according to a property database, only one co-owned by Lynn Leighton — but is not a licensed asbestos removal contractor. 

The indictment indicates Leighton, between Dec. 13 and Dec. 22, 2023, knowingly committed the crime of asbestos removal violation at 33 Waukewan St. in Meredith. Leighton allegedly removed tar on lead flashing or window glazing, or paint on metal roofing, or floor leveler containing asbestos from that residence. 

He failed to either: wet the material before removal and keep it wet during and after removal to prevent the release of fibers until placed into containers for disposal; carefully lower the material to the ground or floor and not drop or throw it; remove structural members not previously stripped of the material intact or in large sections when possible and carefully lower them to the floor; remove material not associated with structural members in small sections and not allow it to accumulate on the floor; or to perform cleanup procedures using repeated HEPA vacuuming and wet cleaning techniques until no visible residue was observed in the work area, according to the indictment.

He’s also accused of performing asbestos abatement activity without obtaining a license from NH DES, beginning demolition at the property prior to removing all asbestos-containing materials, failing to provide written notice to NH DES and the appropriate local government at least 10 days before performing the work, and failing to provide for an inspection prior to demolition.

Unidentified local staff apparently referred the matter to NH DES, whose staff notified the New Hampshire Department of Justice, resulting in the direct indictments, according to a state spokesperson. 

Leighton, who has retained attorney Nicholas Brodich of Tarbell & Bordich in Concord, apparently waived his first appearance before a judge, which was scheduled for Wednesday morning in Belknap Superior Court.

He’s released on his own promise to return to court, and ordered not to have contact with three specific people in the construction and asbestos remediation industries, and next scheduled to appear in court for a conference on Tuesday, Dec. 2.

Melissa Fales, assistant attorney general with the Environmental Protection Bureau, is listed as the prosecuting attorney in court documents. 

Brodich said Wednesday he hadn't had the opportunity to review case materials in depth and was not ready to provide comment.