Brad Cooper: Appeal info

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The defendant absolutely mounted a defense. The judge's ruling limited what Ward could testify to based on his determination as to what kind of expert he was, and the appellate court disagreed with the definition of "forensic expert." Massuci's testimony wouldn't have been allowed by any judge at that point--M's testing and subsequent report wasn't even finished when he took the stand.

These were specifically addressed in the appeals decision. The appellate court decided that the judge erred in restricting the testimony of Ward. Strictly speaking, the appellate court did not disagree with the definition of "forensic expert", they disagreed with the way the judge defined "forensic expert" (a slight but important difference) and the subsequent decisions to restrict Ward's testimony. They also disagreed with the judge not allowing Massuci to testify, which proves the last sentence incorrect.


As for motive... you (oenophile) have earlier declared this was a random crime, not committed by anyone who knew the victim. As such, by your definition, there would be no pre-existing motive by the perp because perp and victim would have no connection.

That's correct, no pre-existing motive to kill Nancy in particular. Except to keep her from identifying her abductor(s).

Speaking of random killers -- I've always wanted to know how upwards of 16 "witnesses" who (apparently) saw NC or someone who looked like NC running on a Sat morning in full daylight didn't see anyone harassing/accosting/stopping this or any runner. No screams were heard, no reports were called in that a runner was being abducted or otherwise bothered. This runner was seen on public sidewalks, on well-traveled roads, in populated areas.

You are a local, which means that you've probably traveled the roads of Cary around Lochmere. Many are very isolated, particularly on a Saturday morning. There are tons of trees, most houses are in developments, lots of places that are out of earshot of people. If someone was targeting a runner, they would certainly not do it in a place where they would likely be heard. And I will also note, one of the witnesses did see something suspicious with a van on the road near a runner who they thought was Nancy. That witness may not be reliable, as memories never are, but it certainly it discounts the "why did no one see anything" argument.
 
This was the defendant not being permitted to mount a defense.
The claim by defense that they were unable to give testimony about computer tampering I find odd (and false). In spite of the ruling, Ward testified to a ton of tampering stuff. Check out April 20 (Day 20, part 4) video on WRAL.

At about the 20 minute, Ward has finished explain how to hack into Cooper's home network. He then goes on about how to change timestamps, crack passwords, add files to a hard drive, read timestamps in an MFT, and more.

The ruling limiting Ward was a double-gift: Kurtz got every bit of computer tampering evidence in by prefixing "As a network security expert, did you..." to every question. And, he got a ruling that he could use for appeal.
 
The claim by defense that they were unable to give testimony about computer tampering I find odd (and false). In spite of the ruling, Ward testified to a ton of tampering stuff. Check out April 20 (Day 20, part 4) video on WRAL.

At about the 20 minute, Ward has finished explain how to hack into Cooper's home network. He then goes on about how to change timestamps, crack passwords, add files to a hard drive, read timestamps in an MFT, and more.

Ward did not get to testify about what actually happened in Cooper's computer. That was the difference. He was able to make general statements about how to do this, how to do that, and how tampering was possible. But what did Ward say about evidence of tampering in Cooper's computer specifically?

This was even highlighted by Boz in the closing.


The ruling limiting Ward was a double-gift: Kurtz got every bit of computer tampering evidence in by prefixing "As a network security expert, did you..." to every question.

That is simply false.
 
This time Ward or maybe just Masucci will get to speculate about causes of timestamp and cookie spoilation on BC's computer, in front of a jury.

Hey, now that the defense will get new monies to use for a re-do trial, I wonder if they'll use the other 2 experts they already had examine the hard drive for trial #1, but didn't use their reports or have them testify due to "lack of funds?" One of those experts was Rusty Gilmore. That money excuse no longer applies since the defense will have funds. In addition to what $$ they get from the state, there are additional monies that were raised by Brad's fans after his conviction., allegedly for his defense and specifically computer forensic testing.
 
Hey, now that the defense will get new monies to use for a re-do trial, I wonder if they'll use the other 2 experts they already had examine the hard drive for trial #1, but didn't use their reports or have them testify due to "lack of funds?" One of those experts was Rusty Gilmore. That money excuse no longer applies since the defense will have funds. In addition to what $$ they get from the state, there are additional monies that were raised by Brad's fans after his conviction., allegedly for his defense and specifically computer forensic testing.

If I were the defense, I would bring in an entirely new set of expert witnesses from out of state. There is too much history with Ward, Masucci and Gilmore, and I would want the jury to have a very objective look at the computer evidence.

Also, two other questions. First, who will the defense attorneys be? I'm not convinced that either Kurtz or Trenkle will want to dedicate the amount of time required for the new trial. Although I do think Kurtz will do it if there isn't another good enough attorney willing to take over. Second, how much money do they actually have? I really doubt that there was that much raised on behalf of Brad, despite the outpouring of support, at least in the context of the amount that the lawyers and experts actually cost. Even organizations such as the Innocence Project do not have massive budgets. And since this isn't a clear-cut case involving exculpatory DNA or the like, I doubt those types of organizations will take it on.

I believe the new trial will have a very different feel, pace and tone than the first one.
 
If I were the defense, I would bring in an entirely new set of expert witnesses from out of state. There is too much history with Ward, Masucci and Gilmore, and I would want the jury to have a very objective look at the computer evidence.

Also, two other questions. First, who will the defense attorneys be? I'm not convinced that either Kurtz or Trenkle will want to dedicate the amount of time required for the new trial. Although I do think Kurtz will do it if there isn't another good enough attorney willing to take over. Second, how much money do they actually have? I really doubt that there was that much raised on behalf of Brad, despite the outpouring of support, at least in the context of the amount that the lawyers and experts actually cost. Even organizations such as the Innocence Project do not have massive budgets. And since this isn't a clear-cut case involving exculpatory DNA or the like, I doubt those types of organizations will take it on.

I believe the new trial will have a very different feel, pace and tone than the first one.

Rest assured Mr Kurtz is chomping at the bit to screw us taxpayers yet again.
========================================================
Brad Cooper defense cost $340,000
$233,116 went to Kurtz, who was paid for 2,429 of the 2,921 hours he billed for during his three years on the case

: http://www.newsobserver.com/2011/08/19/1421747/cooper-defense-cost-340000.html#storylink=cpy
 
Rest assured Mr Kurtz is chomping at the bit to screw us taxpayers yet again.

Blame the state for screwing the taxpayers, they were the ones that arrested and prosecuted the wrong guy. And how much did they spend on prosecuting him?


Brad Cooper defense cost $340,000
$233,116 went to Kurtz, who was paid for 2,429 of the 2,921 hours he billed for during his three years on the case

: http://www.newsobserver.com/2011/08/19/1421747/cooper-defense-cost-340000.html#storylink=cpy

$233k over three years is not a lot of money for a lawyer working on a murder case. Especially when you consider that much of that goes to overhead. I'm sure he could make a lot more dedicating his time to other work.
 
This time Ward or maybe just Masucci will get to speculate about causes of timestamp and cookie spoilation on BC's computer, in front of a jury.
Perfect choice of words. The defense will find someone to speculate in front of the jury. The prosecution will find an engineer from Microsoft that will say that those timestamps are perfectly normal.

Remember that the timestamp anomaly is present for most of the new files on Brad's laptop, including him logging into his banking records and checking airline flights. It's ridiculous to say that the anomaly implies that the Google search was planted, but the login to the banking site was not.
 
Remember that the timestamp anomaly is present for most of the new files on Brad's laptop, including him logging into his banking records and checking airline flights. It's ridiculous to say that the anomaly implies that the Google search was planted, but the login to the banking site was not.

Oh yes I well remember that factoid. From his work laptop when he was sitting in his office at Cisco, Brad logged on to secure (https) Citibank, secure HiltonHonors, secure Cisco sites, and all those too had timestamp anomalies. I remember the timestamp issues even went back to files in June 2008. And when Brad searched a weather site, he did it the same way he did his Google map search -- by entering his zip code.
 
Blame the state for screwing the taxpayers, they were the ones that arrested and prosecuted the wrong guy. And how much did they spend on prosecuting him?
.

The right person was arrested and convicted. We'll see what the supreme court says, but round 2 should bring the same result.

Figure the DA office spent a fraction of what Cooper's defense billed the state.
Even the 14 week Mike Peterson trial (most expensive in state history) only cost the state $143,000. This included trips to Germany and Texas.


http://abclocal.go.com/wtvd/story?section=news/local&id=8469978
 
The right person was arrested and convicted. We'll see what the supreme court says, but round 2 should bring the same result.

yes it will.....he is guilty as sin. Ad Madeline said who else had motive????? a stranger.....yeah right.:floorlaugh:
 
Interesting news out of the Wake County DA's office...

Colon Willoughby will not seek reelection, after serving 3 decades as the Wake County DA.

One of the hats allegedly being thrown into the ring to seek the elected DA position is: ADA Boz Zellinger.
 
Yes, it looks like our Boz will run. He seems to be a favorite of Willoughby. We recognized his passion & his smarts from the start. He's got my vote. Wake Co. would be fortunate to have him -- he prolly won't be in the courtroom as often as we see him now, however, and jurisprudence will miss his presence as ADA.
 
If I am reading correctly, it looks like the NC Supreme Court denied the state's petition to appeal. This means new trial.

http://appellate.nccourts.org/petitions.php

(Page 10 of the Jan 24th petitions rulings)

The temporary stay of the appeal has been dissolved as of 1/23/14.

Since it is simply a denial of petition, there is no opinion as to the reasoning behind the denial.
 
A bond hearing?????? All I can think of are Nancy's girls..........
 
Could it be for bail/bond for being out of the slammer till the trial?

Like J. Young's family posting a property bond for him to get out until his retrial?? That's not hugely unusual -- for a retrial... But I don't know nuttin' honey, 'bout bonding out in this type circumstance...What's the diff? Anything? And where's the dough coming from? And will the Court accept Canadian property liens? (Serious question)
 
He had a $2M bond after he was arrested. He couldn't make the payment (10% of that is required for a bail bondsman, which is not returned) so he stayed in jail.

Same situation this time around; his attorneys will likely request a reduced bond amount. Whether that will be granted or not is anyone's guess. There are other variables in play since he's not a U.S. citizen, no longer has a valid U.S. work visa, has no family in the area, and could be deemed a flight risk. And on a Murder 1 charge I don't know how much wiggle room there could be.

The timing is also interesting because of the upcoming primaries and the fact that there will eventually be a new DA in office.

I wouldn't be surprised if the state offered a plea for 2nd degree to avoid a retrial.
 
A bond hearing?????? All I can think of are Nancy's girls..........

You mean Brad's and Nancy's girls, who have been without a father as well as a mother thanks to a wrongful prosecution.

I think about them alot, and how much they have suffered because the police focused on convicting Brad rather than trying to find the killer.
 
He had a $2M bond after he was arrested. He couldn't make the payment (10% of that is required for a bail bondsman, which is not returned) so he stayed in jail.

Same situation this time around; his attorneys will likely request a reduced bond amount. Whether that will be granted or not is anyone's guess. There are other variables in play since he's not a U.S. citizen, no longer has a valid U.S. work visa, has no family in the area, and could be deemed a flight risk. And on a Murder 1 charge I don't know how much wiggle room there could be.

Agreed, he has no money to support himself, and without a work permit he would need to return to Canada to earn a living. Which makes him a flight risk.

I wouldn't be surprised if the state offered a plea for 2nd degree to avoid a retrial.

Who is to say that they didn't offer this to him before? But if he is innocent (as I believe based on the evidence of the first trial), then there is no way he would take a plea deal.
 
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