Kenneth Alex Grad
A judge has ordered testimony from a doctor who says a former Montville Township man is too ill to stand trial on felony charges of breaking two dozen of his infant son’s bones.
Kenneth Alex Grad, 44, now of Lakewood, has been awaiting trial since 2008. He’s charged with five counts of child endangering and three counts of felonious assault — six second- and two third-degree felonies.
If convicted, Grad could face up to eight years in prison on each second-degree charge and up to three years on each third-degree charge.
Grad, whose trial has been delayed more than 20 times in six years, is scheduled to begin his jury trial today. But last week, Grad’s latest attorney Dennis DiMartino filed a motion to postpone the trial, arguing he didn’t have enough time to prepare and that Grad may die of medical complications if he goes to trial.
Medina County Common Pleas Judge Christopher J. Collier on Friday rejected DiMartino’s request and ordered Grad’s physician, Dr. James Bowlus, to testify to Grad’s health today.
“This matter has been pending since 2008,” Collier wrote. “The court requires and will consider any testimony from the defendant’s medical experts in support of his claimed risk.”
Collier’s bailiff, Terry George, said jury selection could begin today if the judge denies the motion to continue.
In a letter entered into the court record, Grad’s doctor said his patient suffers from “a very serious and life-threatening condition” which has symptoms similar to those he showed prior to 2012, when Grad had a quadruple bypass surgery.
Bowlus said Grad could have a fatal heart attack or stroke if he goes to trial.
“He needs to completely avoid all forms of stress,” Bowlus wrote. “I understand that he is under litigation at this time, and I am advising him that this form of stress can be very detrimental to him and must be avoided at all cost.”
Bowlus said Grad would need at least two or three months to recover from the surgery and added that additional surgeries and recovery time are likely.
“The life-threatening condition needs to be closely monitored by his physicians,” Bowlus wrote, “and he needs the appropriate amount of rest and rehabilitation for his body to recover.”
Grad’s trial has been delayed so many times because of plea changes, a judge recusal, an attorney illness and because he’s had at least 10 lawyers who each needed time to prepare before going to trial.
The trial last was set to begin March 20, but Collier delayed it again after Grad — who was representing himself with an attorney on standby — repeatedly told potential jurors during jury selection that he was not an attorney and did not want to represent himself.
Grad denies he broke his son’s bones, arguing in court records that the boy has a rare and undiagnosed disease that makes his bones brittle. He asserts the disease was passed down to the boy through his mother’s family.
Foster parents who adopted the boy, now 6, have told The Gazette the child has suffered no fractures since his adoption. The foster parents also have custody of the boy’s older sister.
Laura Grad
Grad’s wife, 38-year-old Laura Grad, was convicted of child endangerment at a bench trial in 2009 for failing to get treatment for her son’s injuries. She was sentenced to prison at Marysville Reformatory for Women and was released in November 2012.
Following her release, she and her husband conceived another child, who was born in October. The Cuyahoga County Division of Children and Family Services has filed in Juvenile Court to take custody of the child, citing both parents’ court cases as evidence of potential danger.
Contact reporter Nick Glunt at (330) 721-4048 or nglunt@medina-gazette.com. Follow him on Twitter @ngfalcon.
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