5/6/2023 0 Comments Maricopa county court recordsThe documents show that on multiple occasions Cooley denied having seizures or epilepsy during medical evaluations to keep his CDL and didn’t list anti-seizure medications he was prescribed and taking.Ĭooley’s defense attorney did not respond to multiple emails seeking comment.īut during a settlement conference in August, Cooley said that he “didn’t know what happened that day.” It outlines the couple’s position and evidence in the case.ĪBC15 reviewed the medical records obtained by the Frankels. This is a mediation memo filed in the Frankel’s civil lawsuit. “This family’s loss is unimaginable, and they have understandably worked very hard to do everything they could to ensure there would be accountability,” the statement said. MCAO didn’t directly answer an emailed question from ABC15 about whether there would be a case without the Frankels providing the evidence.īut the office acknowledged the couple’s effort in their statement. The couple obtained Cooley’s medical records and CDL applications through a civil lawsuit and presented them to prosecutors. That’s because of the persistence and pressure from the Frankels. The criminal charges Cooley is now facing were not filed until 2021. “There is no way to know if the warrant would have provided any additional evidence to support other criminal charges, so it is not possible to answer your question about whether this decision hampered MCAO’s ability to file other charges.” “The judge determined that the evidence presented did not provide probable cause to support the warrant, so it was not issued,” according to a statement from MCAO. The Maricopa County Attorney’s Office also didn’t have enough evidence to prove Cooley suffered a seizure before the crash. ![]() When asked if that’s enough oversight in Arizona, both Frankel’s answered at the same time, “More has to be done.”Ĭooley is facing three criminal charges for allegedly forging multiple documents to keep his CDL over the years, court records show.īut he is not facing charges specifically for the deadly crash.Ī judge denied a Department of Public Safety search warrant following the crash, records show. ![]() Doctors and other medical professionals are not required to notify transportation officials.Īccording to the Epilepsy Foundation, only six states have mandatory reporting laws for physicians. But in Arizona - and most other states - drivers are expected to self-report if they’ve had a seizure. People with epilepsy are generally prohibited from holding a CDL, which is considerably more restrictive than a regular driver’s license. The Frankels believe the case highlights a gap in state and federal oversight of CDLs. Records show the driver was Bradley Cooley - a man with a history of seizures – who’s now accused of forging documents about his health history to keep his Commercial Driver’s License or CDL. “He’s a bomb who’s going to blow somebody up.” “Would you like to be on the road and have somebody come at you who shouldn’t be in a vehicle and kill you or a family member,” Howard told ABC15 in a joint interview with his wife. What makes it worse: The truck’s driver never should have been behind the wheel. I kept saying, should have been me, should have been me, not them. “I was on the floor screaming,” said Pearl, of the day it happened. It’s the day their daughter, Kimberly, and two young grandchildren, Solomon, 5, and Tova, 3, were killed in a crash after a semi-truck veered across both directions of traffic on Interstate 10 and incinerated their car. CHANDLER, AZ - Augis the anniversary that Howard and Pearl Frankel never want to celebrate but would never dare to miss.
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