Brad Cooper: Appeal info

[oenophile]

But, this wasn't a roll out of bed and lace up her shoes situation.
According to Brad's deposition, she had been up for hours caring for a sick child and doing laundry. Do you really think it would be normal to get up early, after a party, and do hours of house work without so much as a cup of coffee?

No, this was a take care of a sick child, try to grab some more sleep, do a few chores then go for a run situation. And yes, with a young child in the house and stuff to do, coffee isn't normally the priority of the day. As stated, she made it a habit of getting her coffee during her run.

Brad was sunk after he did that deposition during the custody hearing. He was stuck to a story line that didn't match the evidence. If he didn't say during the deposition that he never Googled Fielding drive, he could have made up a story about house shopping.

Brad's story did match the evidence, except for the Google search. What it didn't match is the Police narrative. The problem is that the Police narrative doesn't actually match the evidence, which is why they only had the Google search to go on.

Once you assume that Brad is guilty, you will find a way to convince yourself the evidence matches your conclusion, even if it doesn't. That's what her friends did, that's what the police did, and that's what the BDI people here are doing.

Many of us went into the trial not assuming he was guilty, but believing he could be and that the police had evidence to that effect. The day after she was discovered the police made the bold statement that the crime was not random. We thought that since they made such a bold statement so soon into the investigation, that they had clear evidence that she was killed by someone she knew (Brad or otherwise). We discovered during the trial that the police knew no such thing, but rather they ignored the other possibilities in favor of targeting Brad. I thought they had real evidence as to his guilt. As the prosecution presented their case, it became clear that the majority of the physical evidence pointed away from Brad and toward a random killing. The ONLY thing that pointed to Brad was the Google search (the appeals court basically confirmed this), which was supposedly discovered long after the killing. This immediately casts suspicion on the Google search, since now the police have a motive for planting evidence.

 

[Madeleine74]

To clarify: the computer was left exactly as Brad left it in the house for 27 hours. The police were following their protocols: don't touch it until the computer experts get there. It was during these 27 hours, when the computer was on, connected to the Internet and connected via VPN to Cisco that the computer received the automatic updates. This is exactly as you would expect. The computer was protected inside a sealed crime scene. Nothing suspicious about this course of events at all.

Good points.

Further, the timeline per the crime scene log helps put that "27 hours" in context:

7/15/08

5:15pm: crime scene tape goes up and BC leaves house. House is locked and guarded.
5:15pm - 7/16 @ 2:30am: search warrant is written up and signed at 2:30 am by judge. No one enters house and cops are posted front, side and back.

7/16/08

2:30 am: search warrant signed by judge
3:50 am - search warrant executed; Collection of BC's car and visit to BC (at SH's house) to get his DNA/hair, etc.

5:20 am: Det Young & CCBI Agent Hill are off duty and leave. House remains locked and empty. Cops continue to guard BC's house. Young back on duty at 7:51pm.

9am: CCBI morning shift starts and CCBI enters house & starts photography/videography inside and outside. Cary PD (Grier & Suddoth) enters after CCBI completes photography and are in house until 6pm.

6pm: Sudduth, Grier, and CBI leave; dinner time. House is locked up.

7:51pm: Det Young back on duty and arrives at house.

Evening: Cary PD detectives who seize computers arrive and photograph/video BC's office where equipment is. Then they seize the computers per whatever their protocol was at that time in 2008, take out battery, remove power cords, tape the items, inventory them, and put them in police vehicle.

Testimony is everyone left house together and in a convoy drove back to PD headquarters and put the collected evidence in locked rooms. The computer equipment went into a computer room that was locked and only 3 people had keys to that room.

 

[otto]

But, this wasn't a roll out of bed and lace up her shoes situation.
According to Brad's deposition, she had been up for hours caring for a sick child and doing laundry. Do you really think it would be normal to get up early, after a party, and do hours of house work without so much as a cup of coffee?

Brad was sunk after he did that deposition during the custody hearing. He was stuck to a story line that didn't match the evidence. If he didn't say during the deposition that he never Googled Fielding drive, he could have made up a story about house shopping.

Didn't Nancy have colitis?

You're suggesting that healthy people at least drink coffee first thing in the morning, right? That wouldn't necessarily apply to someone with colitis.

Wasn't the child fussy at 5-6 a.m. and asking for milk?

 

[otto]

However, if he didn't actually do the Google map search, how would he know at the point of the custody hearing that he needed to include it in his deposition? Since the testimony from the 2 defence experts (outside the presence of the jury) was fairly compelling and the FBI computer expert "couldn't recall checking on the timestamps, specifically, though he was sure there was no evidence of tampering" related to that map search, it's reasonable to conclude that Brad didn't do the map search or even know about it. If he had known about it and "made up a story" about it, that would be evidence that he actually did the search, no? Hard to pre-empt or confront evidence if you don't even know that it's there. That's even more compelling that the map search was planted.

It defies logic to believe that Brad is such a talented computer expert that he's spoofing calls, but he so stupid with computers that he used his computer to search the exact location where the body was found. That seems like such a huge and obvious contradiction ... makes no sense whatsoever. That's like suggesting that he is very sneaky and very clever, and even though he has a degree in comp sc, he put a bulls eye target on his forehead by overlooking the fact that his computer would be checked by police.

 

[PokerPlayer]

Didn't Nancy have colitis?

You're suggesting that healthy people at least drink coffee first thing in the morning, right? That wouldn't necessarily apply to someone with colitis.

Wasn't the child fussy at 5-6 a.m. and asking for milk?

She had Crohn's disease (it's a form of colitis).
Yes, the younger daughter had woken up and was fussy and they were out of milk. That's why Brad made the first trip to Harris Teeter.

I don't know if the Crohn's disease means she wouldn't drink coffee first thing in the morning or not.

 

[otto]

She had Crohn's disease (it's a form of colitis).
Yes, the younger daughter had woken up and was fussy and they were out of milk. That's why Brad made the first trip to Harris Teeter.

I don't know if the Crohn's disease means she wouldn't drink coffee first thing in the morning or not.

A quick internet search suggests that symptoms of Crohn's disease can be worse in the morning. It seems to me that we can't make assumptions about what someone with a bowel disease would eat, or drink, in the morning.

 

[macd]

It defies logic to believe that Brad is such a talented computer expert that he's spoofing calls, but he so stupid with computers that he used his computer to search the exact location where the body was found. That seems like such a huge and obvious contradiction ... makes no sense whatsoever.

Read my thread on recreating the Google Search. I theorize that Brad trusted Window's IE's InPrivate Browsing Mode that is supposed to automatically delete (or never save) evidence of web activity after a private surfing session. Unfortunately for Brad, that while the 2008 version of IE did a good job clearing cookies, it did not do a good job removing cached images. It just marked them as deleted (causing "invalid timestamps") instead of completely erasing them, or even better never writing them to disk.

IMO, this theory makes a heck of a lot more sense than a conspiracy of bumbling law enforcement agents expertly planting over 300 individual files on a password protected computer.

BTW, as an alpha tester, it would have been a job requirement for Brad to have the latest beta version of Internet Explorer on his computer.

 

[otto]

Read my thread on recreating the Google Search. I theorize that Brad trusted Window's IE's InPrivate Browsing Mode that is supposed to automatically delete (or never save) evidence of web activity after a private surfing session. Unfortunately for Brad, that while the 2008 version of IE did a good job clearing cookies, it did not do a good job removing cached images. It just marked them as deleted (causing "invalid timestamps") instead of completely erasing them, or even better never writing them to disk.

IMO, this theory makes a heck of a lot more sense than a conspiracy of bumbling law enforcement agents expertly planting over 300 individual files on a password protected computer.

Do you know if there were any other google map searches? I'm wondering why Brad had to search that one location on google maps if he had already selected that as the location to put her body. Wouldn't it make more sense that he explored several locations and then decided on the right one?

 

[macd]

Do you know if there were any other google map searches? I'm wondering why Brad had to search that one location on google maps if he had already selected that as the location to put her body. Wouldn't it make more sense that he explored several locations and then decided on the right one?

It's pure conjecture, but I think Brad was sitting at work on Friday afternoon "mentally rehearsing" what he had planned, during the week while his family was away, to do that night.

And yes, I expect there might be other evidence on the hard drive that has not been found. Unfortunately, it appears that only cached images, and not cookies or text, survived the InPrivate browsing mode.

 

[otto]

It's pure conjecture, but I think Brad was sitting at work on Friday afternoon "mentally rehearsing" what he had planned, during the week while his family was away, to do that night.

And yes, I expect there might be other evidence on the hard drive that has not been found. Unfortunately, it appears that only cached images, and not cookies or text, survived the InPrivate browsing mode.

I think it would bolster the prosecution theory that Brad needed google maps to figure out where to put his wife's body if there was evidence that he considered several locations ... not just the one zoom into the exact location. If the google maps for that location were discoverable, then any other google map searches should also be easily discovered.

If he had already decided where to put the body, why did he need the map and why would he risk having even a trace of it found on his computer? If he needed the map to figure out where to put the body, how could he possibly have zoomed in on the exact location without exploring and comparing several other locations? It seems to defy logic.

 

[macd]

I think it would bolster the prosecution theory that Brad needed google maps to figure out where to put his wife's body if there was evidence that he considered several locations ... not just the one zoom into the exact location. If the google maps for that location were discoverable, then any other google map searches should also be easily discovered.

If he had already decided where to put the body, why did he need the map and why would he risk having even a trace of it found on his computer? If he needed the map to figure out where to put the body, how could he possibly have zoomed in on the exact location without exploring and comparing several other locations? It seems to defy logic.

Maybe, but we don't know the extent of Brad's plans.
He likely thought he would have an extra 24 hours to clean up before he reported her missing. Maybe he planned to wipe the hard drive later. Maybe he completely trusted InPrivate browsing; modern version are much better now.

I don't think he necessarily used Google Maps to choose the dump site. He certainly had that part of the plan decided long before that day. He just happened to look at the dump site for some reason that afternoon. Second thoughts, mental rehearsing, who knows?

But, it is not logic defying. And far more logical than a grand conspiracy to plant 300 files in a cache directory and hope the FBI finds it. Much easier and more reliable ways to frame someone, IMO.

 

[oenophile]

Maybe, but we don't know the extent of Brad's plans.
He likely thought he would have an extra 24 hours to clean up before he reported her missing. Maybe he planned to wipe the hard drive later. Maybe he completely trusted InPrivate browsing; modern version are much better now.

I don't think he necessarily used Google Maps to choose the dump site. He certainly had that part of the plan decided long before that day. He just happened to look at the dump site for some reason that afternoon. Second thoughts, mental rehearsing, who knows?

But, it is not logic defying. And far more logical than a grand conspiracy to plant 300 files in a cache directory and hope the FBI finds it. Much easier and more reliable ways to frame someone, IMO.

No one is suggesting a "grand conspiracy", but rather an overzealous police force that had a motive for planting evidence and a suspect that did not fit the evidence.

"We don't know the extent of Brad's plans". This is true, but we can assume that Brad had no plans. If he didn't commit the crime, which is exactly what the evidence suggests, then Brad had no plans. It is only in the eyes of those that presume his guilt that he had any plans at all.

Given the evidence presented at trial, coupled with the Town of Cary reputation of being a safe town and the Cary PD statements the day after the body was found, it is far more logical that the miraculous appearance of evidence was the result of someone planting it.

Out of curiosity, what other means would you suggest of framing someone?

 

[oenophile]

She had Crohn's disease (it's a form of colitis).
Yes, the younger daughter had woken up and was fussy and they were out of milk. That's why Brad made the first trip to Harris Teeter.

I don't know if the Crohn's disease means she wouldn't drink coffee first thing in the morning or not.

It really doesn't matter. There is clear evidence that Nancy picked up coffee during her runs in the morning.

 

[macd]

No one is suggesting a "grand conspiracy", but rather an overzealous police force that had a motive for planting evidence and a suspect that did not fit the evidence.

"We don't know the extent of Brad's plans". This is true, but we can assume that Brad had no plans. If he didn't commit the crime, which is exactly what the evidence suggests, then Brad had no plans. It is only in the eyes of those that presume his guilt that he had any plans at all.

Given the evidence presented at trial, coupled with the Town of Cary reputation of being a safe town and the Cary PD statements the day after the body was found, it is far more logical that the miraculous appearance of evidence was the result of someone planting it.

Out of curiosity, what other means would you suggest of framing someone?

Going the digital route, it would have been a lot easier to forge an email or text document with something related to how to do or hide a murder. Going more physical, a scrap of paper with some notes. The OJ defense team convince a jury that police planted blood splatters on socks and a bloody glove outside OJ's house. There's no limit to possibilities.

In the "plant and hide evidence" theory, what is the smallest list of people that could have done this? To pull in motive, you start including the town manager and the chief of police. To make it happen, you need all the detectives and the FBI. That's grand in my book, but maybe that's just a simple conspiracy in your book.

 

[PokerPlayer]

It really doesn't matter. There is clear evidence that Nancy picked up coffee during her runs in the morning.

You're right. There was also caffeine in her system from her autopsy, but there was not caffeinated beverages at the party the night before. Coffee would certainly make sense after she was up late and got up early with a fussy child.

 

[PokerPlayer]

Going the digital route, it would have been a lot easier to forge an email or text document with something related to how to do or hide a murder. Going more physical, a scrap of paper with some notes. The OJ defense team convince a jury that police planted blood splatters on socks and a bloody glove outside OJ's house. There's no limit to possibilities.

In the "plant and hide evidence" theory, what is the smallest list of people that could have done this? To pull in motive, you start including the town manager and the chief of police. To make it happen, you need all the detectives and the FBI. That's grand in my book, but maybe that's just a simple conspiracy in your book.

I think it only takes one person to pull off this particular conspiracy. In fact, it would be better if it were only one, then there's no one to have a crisis of conscience and tell someone.

 

[oenophile]

In the "plant and hide evidence" theory, what is the smallest list of people that could have done this? To pull in motive, you start including the town manager and the chief of police. To make it happen, you need all the detectives and the FBI. That's grand in my book, but maybe that's just a simple conspiracy in your book.

All you need is one police officer. I don't think the FBI would be involved, in fact you would want them to believe that it was not planted. But one officer or detective that knew there wasn't enough evidence to convict but was under pressure to make the case is all you need.

No conspiracy required.

Unfortunately, NC police have done this before.

 

[Madeleine74]

You're right. There was also caffeine in her system from her autopsy, but there was not caffeinated beverages at the party the night before. Coffee would certainly make sense after she was up late and got up early with a fussy child.

Witnesses who had lunch with Nancy testified Nancy had diet coke around 1:30pm on 7/11. Diet Coke has caffeine. The M.E. (Dr. Butts) testified caffeine can stay in/be detected in the system for well over 24 hours.

 

[PokerPlayer]

Witnesses who had lunch with Nancy testified Nancy had diet coke around 1:30pm on 7/11. Diet Coke has caffeine. The M.E. (Dr. Butts) testified caffeine can stay in/be detected in the system for well over 24 hours.

Wasn't there also a brown fluid in her stomach at the autopsy? Too bad they didn't test it more thoroughly, then we'd know what it was.

 

[Madeleine74]

Wasn't there also a brown fluid in her stomach at the autopsy? Too bad they didn't test it more thoroughly, then we'd know what it was.

M.E. described a red substance and what appeared to be a piece of onion.