thefragile7393
Verified - Registered Psychiatric Nurse
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- Aug 12, 2007
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I can see being angry about the first trial because it led up to this plea bargain. I get that.
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Just wanted to drop in and post a link to a book that has been written by a former Secret Service agent about this case. He also wrote a book about the JonBenet case:
Isolated Incident: Investigating the Death of Nancy Cooper Paperback October 3, 2014
by John W. Taylor (Author)
http://www.amazon.com/Isolated-Inci...=1412340903&sr=1-3&keywords=isolated+incident
I did not see the attachment or your post before my own post... but yeah, TCPL is not a technology company... though calling it that could help an author not researching facts gloss over things to help reach a conclusion he might be trying to reach... lets be clear, Brads job at TCPL had nothing to do with pipelines... at the time... he was on the cutting edge of network technologies due to that companies huge need for it. He was working on computer network solutions which we massive, but which at the time included him configuring manually hundreds to thousands of routers with hundreds to thousands of cables... things that became software configurable a few years later.... and then he jumped to the next technologies, which included VOIP.
Do you think every post is about you or your opinions or is somehow pointed at you?
I focus on the victims in cases. And I point out when empathy, pity and concern is given to the killer (no, not by you, NCSU95, not everything is about you) by those who continue to try and make Brad into an innocent victim. The real crime here was committed by the killer.
Be angry at the state all you want, for they did make errors, as did the judge and even the police. And for the judge's decision to not allow Ward to testify about the hard drive and to not consider him a "forensic" expert but only a "network expert," the conviction was overturned. The appellate judges could have decided differently but they didn't. Had everyone done their jobs perfectly at every moment and had no one made any mistakes, Brad's butt would be in prison for life. Had the appeals court decided Ward wasn't a "forensic" expert Brad would still be in prison for life unless he won at a higher level court. Humans make mistakes, and while they should be perfect they aren't. I can spend energy on being angry that mistakes were made by police or the state that ultimately benefited Brad's defense and allowed them to go whole-hog on a conspiracy tangent, but at the end of the day I believe the mistakes were from human error and not done intentionally to frame or railroad. Then again, speaking of humans and mistakes, had Brad done everything perfectly he might have gotten away with the murder.
I'll save my own disgust for the killer and continue to focus on who the real victims are in this case.
When there's an error of fact in the first couple of pages, one has to wonder whether the author researched any facts. It takes about 2 minutes to learn that TransCanada Pipeline is an oil/energy company with an IT department. The fact that Brad worked in IT doesn't make the company a technology company, so that's a rather huge leap in terms of assumptions. I'd say that it doesn't bode well for the rest of the book.
- No evidence pointed away from Brad.
Sorry to jump back in here, but.... That, Madame, is a false statement.
It is untrue. It does not hold water. It is bogus. It is factitious. It rings hollow. It is devoid of truth. It does not pass muster. Accuracy has left the building. It is a false statement.
Why do you insist on repeating it?
Because evidence that can be identified points toward or at the source. And if it can't be identified it points no where.
If you have enough evidence (circumstantial or direct) pointing toward someone then at some point one may conclude there's enough evidence to prove a specific person or persons were involved in the crime. Ultimately a jury decides when there's enough or if there's enough.
Here's an example. There was allegedly blood under Nancy's nails, that is circumstantial evidence (forensic, but circumstantial). Those samples when tested proved to be so degraded a DNA profile could not be obtained. That evidence could not be identified; it pointed no where; we don't even know if it was the victim's own blood. That evidence doesn't point away from Brad and it doesn't point to Brad (or anyone). It's inconclusive.
Paranoia.. Everything has to be a conspiracy.
The facts of the case were nuanced and conclusions were molded to fit a paranoid-conspiracy agenda.
- No evidence pointed away from Brad.
- When were the shoe prints made? Can you date them? How do you know they were made that night? Do you know for a fact those shoe impressions were not there the day before? Where's the proof? Further, those prints were physically distorted and the CCBI agent testified to their condition and why he didn't take castings of them. The prints were filled with water from the rains that day. Photos were taken but CCBI testified they could not get a print or accurate shoe size out of that distorted shoe impression. Oooh conspiracy!
- Tire tracks - Can you date them? When were they made? How do you know they were made that night? Where's the proof? It's another "had to be made that night because..." Do you know for a fact those tire tracks were not there the day before?
- The weather report was that there had been no rain at all the few days before the body was dumped. Zero rain the day of the dump and zero rain the day after. Then the rains started. Yet the claim is somehow those tire tracks were made on muddy/wet ground by the vehicle that carried Nancy's body. Where's the proof of that? The ground was dry the day she was dumped; it rained sometime after her body was dumped.
- The job of investigators is not to try and prove someone innocent. This is a fundamental misunderstanding if you think that's their role. Their job is to investigate a case, gather information, and go where the evidence leads, not spend their time to try and prove someone didn't do a crime. The crime scene techs (who are different people, not in the local police dept) catalog and process scenes, photograph and turn potential evidence in. Claiming there was "no evidence" is ridiculous. Hundreds of exhibits were entered at trial and given Bates stamps. Each item is considered evidence in a case. That you don't consider them evidence doesn't make it so.
- What 16 eyewitnesses came into court? Please point to them. Three came into court. 1 person saw two women running down Fielding Dr. 1 witness (Rosemary Zednick) saw a woman wearing an iPod who smiled as she passed. One witness was Curtis Hodges who saw a woman running down a major street, not in distress, not being attacked, not stopped. He saw a "van" turning around and heading in the same direction as that runner. At no point did he see anyone in trouble or being hassled. Did Hodges get a license plate number? No. Good identification of the vehicle? No. Where are the 13 other witnesses who testified? You said there were 16 witnesses. Who are they?
It's been pointed out at least once, if not more, that the first trial essentially never happened. Over. Done. Overturned. Move on. Now it's being dragged back up yet again. Why? Because Brad did something his supporters never ever thought he would. He declared himself guilty. He admitted it. Instead of finally conceding he's actually the killer, no it can't be. Back to conspiracy-land once again, ratcheted up. The whole town conspired against this guy..no the whole government. He only took a plea because "he had no choice" and "it's all so unfair he couldn't ever get a fair trial so even though he won a new trial it didn't matter...he didn't even need to try."
He was back to "innocent until proven guilty" legally and then when he finally had his opportunity to prove every claim he/his team made, when given an alternative, he folded.
Brad was back to innocent, legally. It was then on the state to prove guilt. Well Brad ended it and he wrote the last chapter. He said he was, in fact, guilty, and he in fact killed his wife and dumped her body. That's what he told the world Sept 22, and that's how he and his case will be remembered.
I have to ask this, how exactly did Brad Cooper fold his cards? He wasn't holding any cards to begin with.
It was the state who folded their cards and case and wanted to go home. So, they made him the same offer they gave him twice before. They had all the cards to go forward and didn't want to. Brad chose not to play and took what they offered this time.
If Brad did have one card, it was his parental rights, the state wanted that card, and offered him a year less. With the children's ages and his missing 12 years of their life, it made sense.
How in the world could Brad or anyone expect him to get a fair trial, when the ADA stood up at the plea hearing and twisted facts? Did you see Judge Gessner, this was his case, stop Mr. Cummings and say" Things didn't happen that way, sir?" Lol, hell no.
JMO
Because evidence that can be identified points toward or at the source. And if it can't be identified it points no where.
If you have enough evidence (circumstantial or direct) pointing toward someone then at some point one may conclude there's enough evidence to prove a specific person or persons were involved in the crime. Ultimately a jury decides when there's enough or if there's enough.
Here's an example. There was allegedly blood under Nancy's nails, that is circumstantial evidence (forensic, but circumstantial). Those samples when tested proved to be so degraded a DNA profile could not be obtained. That evidence could not be identified; it pointed no where; we don't even know if it was the victim's own blood. That evidence doesn't point away from Brad and it doesn't point to Brad (or anyone). It's inconclusive.
I would love to read a well researched and well written book about this case, but the introductory pages available do not inspire confidence. I would also add that I am not a fan of the Love Lies book by that media person (name escapes me), it was also not a well written or researched book.
This persons writings on the JonBenet case appear to have been poorly received....that is not to say this one should also be the same.
I might buy and read this but based on the few pages available publicly (with timelines about the Brad-Nancy relationship which do not sound right to me-- I think detail is missing which would improve the story) I would rather not waste my time... though again based on the typeface it looks like a quick read.
Anyone read it....comments
First degree murder is the intentional killing of a human with malice and premeditation.
Nothing to figure out in this case. Nancy was murdered via strangulation. It takes up to 4 minutes to strangle or asphyixiate someone to death. In that time the killer knows if they continue to cut off the air supply to the victim, the victim will die. And if they continue to cut off the air they are doing so deliberately and with malice. Premeditation can be formed in a matter of seconds, but in this case the killer had up to 4 minutes to realize what he was doing. Slam dunk on meeting the premeditation test. It was obviously done intentionally and with malice.
In addition, Brad pre-planned the murder, looking on his work computer while in his office at work, where he would dump his wife's body about 12 or so hours later. He increasingly zoomed in on the exact spot. Do you have any evidence to support that Brad did the Google search? Police failed to verify it.
He was convicted of first degree murder in the first trial because he planned & committed the murder.
However, in a plea situation, most defendants who are charged with first degree murder are not going to plead to first degree murder. They would at least take their chance at trial with a jury. An incentive from them to plead guilty is to obtain a lesser conviction where they will get less years in prison. That's where negotiations occur between the defense lawyer(s) and the attorneys representing the state. It's a compromise where each side wins some and loses some. It's not really justice for the victim, but it is a resolution and a way to adjudicate cases and allow closure for the family of the victim.
Good points Hez & Landonsmom.
For all we know it was Brad's custody attorney who demanded (erm... aggressively negotiated) an extra year off for him in exchange for his agreeing to give up all parental rights and then got the state to agree to those terms. The family may just have requested he give up rights and the state may have originally presented that, with no incentive for doing so.
It's a fait accompli. Brad has already given up his rights. He signed the agreement sometime before that hearing, when it was all announced. It's done and over.
An innocent person would not have pled guilty before the first trial. Brad didn't. He could have taken the deal from the beginning - 12 years. Why 12 years for 2nd degree if they have evidence? After seeing the circus that went on, how could anyone feel confident in receiving a FAIR trial in Wake county? He had no choice.
Also, did anyone catch that the prosecution never mentioned the most damning evidence in opening statements which is standard? Did they plan on NOT presenting the G map search because they knew it was bogus and then when they realized how bad they were losing, they threw it in at the end? That is how it appears. Then they had to discredit the defense experts but that was no problem with Gessner on the bench.