Leighton asks for new judge in improper asbestos removal case

Former NASCAR driver Bradley Leighton is facing five felony charges for improper asbestos removal at a Meredith home, and requested on Thursday his case be heard by a new judge.

Leighton was due to appear during a dispositional conference in Belknap County Superior Court, in Laconia, on April 30, but the conference was delayed for several months, at Leighton's request. He is represented by attorney Michael Connelly.

Leighton is facing five 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.

Prosecutor Melissa Fales came forward at about 8:30 a.m. on Thursday, as the docket was about to begin, before Judge Elizabeth Leonard. The attorneys briefly conferred at the front of the courtroom, and then again at the back, before exiting.

Outside the courtroom, Fales said the hearing had been continued, as Leighton requested to have the case heard by another judge. She said the request was approved by the court on Thursday morning before the hearing was set to begin. Fales did not say what prompted the request. 

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. The indictments from the Grand Jury allege he committed asbestos removal violations at 33 Waukewan St., in Meredith, between Dec. 13 and 22.

Leighton was indicted for an asbestos licensing violation, for allegedly engaging 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 material which would be crumbled or reduced to powder during demolition. The indictment adds it was due to removing pieces that contained either tar on lead flashing, window glazing, or paint on metal roofing.

A second indictment, asbestos demolition notification violation, shows Leighton allegedly started demolishing the home without notifying 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 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 asbestos inspection for the affected part of the facility before starting demolition.

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.

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 keep the material wet during and after removing it, preventing the release of fibers until the materials were placed into containers 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, and has seven in Meredith, but is not a licensed asbestos removal contractor.

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

Dispositional conferences were canceled on Dec. 2 and Jan. 23. Also on Jan. 23, Brodich filed a notice to withdraw from the case.

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

A dispositional conference on Jan. 30, was canceled because of the change in representation, and the new attorney had not had the opportunity to review discovery or prepare fully. Leighton also waived his right to a speedy trial.

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