MEDIA COURTHOUSE — If there was one thing everybody in court Tuesday could agree on, it was that disbarred Main Line attorney H. Beatty Chadwick has a stubborn streak about as thick as $2.5 million — or maybe $8 million, as some have charged is the current value of contested money he is accused of hiding in a divorce case.
But what Chadwick’s attorney, Michael Malloy, was arguing during the latest hearing before county President Judge Joseph Cronin, is that the time has come to spring Chadwick from behind the prison walls he’s been in for more than 14 years.
Malloy maintains the coercive effect of the contempt citation that Chadwick, 72, has failed to turn over the money has crossed the line from coercive to punitive, which, if the judge agrees, will allow Chadwick to finally be set free.
Following the hearing, Malloy said, “I am always optimistic.”
Malloy noted that Cronin is well-versed in the legal intricacies surrounding the case. Over the years, it has gone through the hands of a number of county judges (two are deceased), has made it to the U.S. Supreme Court and is considered the longest jail stint in U.S. history on a contempt of court petition.
Cronin said the case boiled down to “willful disobedience” on Chadwick’s part as attorney Albert Momjian, who represents the defendant’s former wife, charges or is punitive as Malloy contends.
Malloy presented one witness. Chadwick, looking frail and sporting an all-knowing grin, once again denied he had the ability to comply with the contempt petition regarding the contested millions.
Momjian, who has represented Chadwick’s former wife, Barbara, during the protracted case, again unsuccessfully tried to get Chadwick to sign a power of attorney granting authorization to track down the funds or to give access to his tax returns dating back to 1994.
Chadwick testified he’s been in jail since 1994 and hasn’t filed any returns and, “no,” he wasn’t about to sign any document.
Malloy likened the case to a teenager being sent to his room by his father for not apologizing to his mother. Malloy, referring to Chadwick’s advanced age, asked when that teen should be released — after he’s on Social Security or when he dies.
Malloy asked Cronin to reconsider, “regardless of past findings, whether (Chadwick’s) confinement still has a coercive effect.”
Malloy contended even if his client is in jail another 14 years, there doesn’t seem to be any reason to believe there will be any change.
Malloy pointed to a law that states a person in jail on contempt “has the right to be released as soon as he is no longer capable of compliance,” which is what he and Chadwick claim.
Malloy in his petition charged that findings by court-appointed Master A. Leo Sereni corroborated Chadwick’s contentions that he was not able to comply with the preliminary injunction.
However, while Sereni, a retired Delaware County judge, traveled from Florida to be on hand to take the stand, Momjian objected to any testimony from him and Cronin agreed.
Momjian again told Cronin the money has been hidden in out-of-country accounts, that Chadwick “is thumbing his nose” at the court, and that’s why he’s still in jail.
Momjian charged Chadwick has refused to sign formal legal documents authorizing a search to determine whether the money really exists.
Malloy, in his petition, charged that Chadwick has been in jail longer than the state sentencing guidelines for crimes such as attempted murder and rape.
Momjian has claimed all along that Chadwick holds the key to his prison cell by revealing where the money is stashed.
Cronin took the matter under advisement and will rule later.
