Custody Hearing - Scheduled for 10/16

[SleuthyGal]

Well that's about it ... I'm not sure what else to post about so if there are any questions I can answer I will (try). My brain is kind of fried.

 

[jilly]

We get some crazy bugs here in NC. When I first moved to NC in 2004, we had an infestation of these little things that looked wormy or like tiny caterpillars. They covered our house outside and many found there way inside. Our neighbors barely had any...it was strange. I don't know if thats what it was, but that is what it sounds like. Having a clean house wouldn't have made a difference....it's not like mice our cockroaches.

That's what I was thinking. Thanks for that.

 

[Maja]

Well that's about it ... I'm not sure what else to post about so if there are any questions I can answer I will (try). My brain is kind of fried.

What is your gut check on the outcome of today's hearing?

 

[Zoe]

Well that's about it ... I'm not sure what else to post about so if there are any questions I can answer I will (try). My brain is kind of fried.

was there any reaction from BC during the testimonies?

 

[SleuthyGal]

What is your gut check on the outcome of today's hearing?

My gut feeling is that there wasn't definitive proof offered in today's hearing that showed Brad murdered Nancy. So if Judge Sasser is attempting to answer that very question, without having either the defendant or the lead detective on the stand for questioning, I don't know how she's going to be able to determine such a thing. Perhaps the 2 hrs of marked deposition segments will help her decide and of course the affidavits. Honestly there was a ton more evidence in the affidavits than offered in live testimony. The judge said she is discounting some statements in which the affiants have no personal knowledge of defendant actions or conversations.

As for the behavior/psychological factors of Brad, neither psychologist said Brad was a risk to the kids...the plaintiff psychologist did say that Brad seems to have some anger extending further back than this legal situation and he shows some signs of anxiety as well as narcissism (no big surprise there), but he's not overly paranoid, not clinically depressed, though he does show a fairly high level of defensiveness (again this is not just about this legal case), and that his anger tends to be directed towards his family. {This of course is a concern I would hope the judge would really think about.}

His data was different than Dr. Gould the defense psychologist who found less anger and a greater level of cooperation with Brad (as perhaps would be expected), didn't see that Brad was a huge risk, probably not a flight risk, had fairly appropriate responses to losing his wife given that Brad is an introverted/withdrawn type who can appear sullen, so to me it seemed like neither psychologist pegged him as some kind of lunatic waiting to do harm either to himself or the kids. It's all a matter of degrees according to the testimony I heard.

So honestly, I didn't see any definitive proof that showed who murdered Nancy, at least not in the portions of the hearing I saw today (I did not stay to see any witness after 4:50pm), but my assessment is not taking into account all the affidavits. Is there enough to convince the judge? I don't know.

What I did see was a family deep in mourning, hurt beyond belief, friends in despair over a lovely woman who should never have been killed and for which they are only starting to come to terms with now in bits and pieces. Each plaintiff witness believes (honestly believes) that Brad murdered Nancy.

Whether the judge will see Brad's behavior as cold, calculating, dangerous, risky, controlling, or any other adjective is unknown and I don't have a gut feel for that at all.

Was he shown to be an unfit parent? Well, not really. Signs were there and there are certainly hints of it, but full-on proof that makes your jaw drop in shock? That I did not see.

He's been an absent parent because of his work/school/workout regimen over the last few years (the psychologist talked about that), and even his (best) friend SH told the psychologist that "Brad will NEVER be the (kind of) father he (Scott) is." But that comment doesn't surprise me considering SH takes his parental duties very seriously and in fact has made it his #1 priority in life from the beginning. I said before that Brad could take a lesson or 3 from SH on parenting, and I believe that still.

I did not see proof of abuse towards either of the kids and there were no witnesses to any physical or verbal altercations (at least no witnesses were presented at the hearing who had seen such behavior first-hand), though there are of course the affidavits and that's evidence the judge will consider. All plaintiff witnesses were very aware of a volatile situation in which there was a lot of discord and unhappiness.

 

[jmflu]

Just in case anyone is interested, there is a very interesting post from someone calling themselves "trivr" on GOLO right now who is defending Brad, who saw and spoke with Nancy right before her vacation...

 

[SleuthyGal]

was there any reaction from BC during the testimonies?

I have no idea as I could only see his back.

 

[jilly]

I did not see proof of abuse towards either of the kids and there were no witnesses to any physical or verbal altercations (at least no witnesses were presented at the hearing who had seen such behavior first-hand), though there are of course the affidavits and that's evidence the judge will consider. All plaintiff witnesses were very aware of a volatile situation in which there was a lot of discord and unhappiness.

I wonder why Stubbs didn't call the woman who witnessed that argument in the preschool parking lot. It seems that the children were terrorized because of that. I think her affidavit will bear less weight than if she had testified today.

Thanks for your thoughts SG! To me, the Plaintiffs did not deliver that knock out punch.

I think the Judge is going to look hard for it though. As she stated:

Judge Sasser said “we’re kind of in limbo to some degree” when dealing with temporary custody, and because of that, the burden of proof that the parent is unfit is a little less severe.

Furthermore, she said without the benefit of hearing defense witnesses, the plaintiffs had indeed shown the Cooper acted inappropriately as a parent.

http://wake.mync.com/site/Wake/news/story/11171/custody-battle-in-cooper-case-begins/

Can you take children way for a parent acting "inappropriately". I wouldn't think so.

 

[Albert]

Blackberry possible hack:

http://crack0hack.wetpaint.com/page...locking+Software)+and+Repairing+By+crack0hack

 

[ncsu95]

I want to preface this question with a comment. I have no doubt that Krista Lister loves her sister and loves & adores her nieces. But my question to SG and MT3K is this....based on what you saw today, if BC isn't given custody, do you think those 2 kids living with KL is in their best interest? I find it hard to believe, given how much emotion it seems she showed, and how absolutely 100% sure she is that he is guilty, and that she despises BC, that she could be fair and objective with the kids with regards to their relationship with their father. I just can't believe that she wouldn't sabotage it in some way to punish him. The fact that she won't let BC see them this week because "the court didn't order it" makes me think she wants to punish him.

And the truth is, those kids need and deserve a relationship with their father. Even if he killed BC and was convicted of BC, he is still their dad and should always play some role in their life, at least until they can make that decision for themself.

Again, I am not attacking KL at all. I just don't see how she can put the girls interest over her anger of BC. I don't think I could.....and I have a similar situation with my dead sister, so I say this with some bias.

 

[ncsu95]

Just in case anyone is interested, there is a very interesting post from someone calling themselves "trivr" on GOLO right now who is defending Brad, who saw and spoke with Nancy right before her vacation...

Can you cut/paste what they said here please.

 

[SleuthyGal]

It really would have been much simpler for me to say

"I don't know what the judge is going to do."

My intuition is not intuiting anything one way or the other on how this will play out.

 

[jmflu]

Can you cut/paste what they said here please.

Would that be ok with everybody?

 

[ncsu95]

We also learned that both BC and NC had no respect for the sanctity of marriage. They each cheated, which makes them both lousy spouses. I know she is dead...but it doesn't remove her having an affair.

 

[SleuthyGal]

But my question to SG and MT3K is this....based on what you saw today, if BC isn't given custody, do you think those 2 kids living with KL is in their best interest? I find it hard to believe, given how much emotion it seems she showed, and how absolutely 100% sure she is that he is guilty, and that she despises BC, that she could be fair and objective with the kids with regards to their relationship with their father. I just can't believe that she wouldn't sabotage it in some way to punish him.

I think she loves her neices more than she despises BC. Yes, she is very hurt and angry at Brad. I'm sure she despises him with the heat of a thousand suns right now. Perhaps she always will, I don't know. But I think her love for Bella & Katie is stronger and more powerful than even all of that. And I don't believe she would do anything to hurt those kids--and letting them have a rel'p with their father is important to those kids and I do believe she would honor that, yes, as would her husband and the grandparents too. NO ONE wants those kids to be hurt and whatever is truly in the kids' best interests I believe they will always do.

 

[rwesafe]

Can you cut/paste what they said here please.

It appeared she merely recited a very brief exchange with NC about her girls and NC mentioned "their dad", how is that defending Brad? Or did I miss something?

 

[rwesafe]

We also learned that both BC and NC had no respect for the sanctity of marriage. They each cheated, which makes them both lousy spouses. I know she is dead...but it doesn't remove her having an affair.

It sounds as though her affair took place before the closet affair with HM? Is that true?

 

[SleuthyGal]

It sounds as though her affair took place before the closet affair with HM? Is that true?

Nancy's affair took place during the first year of her marriage so yes she cheated first.

 

[ncsu95]

SG...based on your experience today, should BC have custody of his girls?

 

[jmflu]

It appeared she merely recited a very brief exchange with NC about her girls and NC mentioned "their dad", how is that defending Brad? Or did I miss something?

Yes, you are missing the first post.