Nancy Cooper, 34, of Cary, N.C. #25

[Anderson]

Wow, he spent 12,000 dollars to try to avoid having a court-ordered mental evaluation. Seems like another one of K & B's brilliant PR moves. Didn't work though.

 

[raisincharlie]

Wow, he spent 12,000 dollars to try to avoid having a court-ordered mental evaluation. Seems like another one of K & B's brilliant PR moves. Didn't work though.

They will try to use it anyhow to refute any other evaluation and possibly in the criminal case - but that may well be a huge mistake - might just prove he was sane, rational and was willing to murder and understood murder was not a legal option.

 

[CyberPro]

Wow, he spent 12,000 dollars to try to avoid having a court-ordered mental evaluation. Seems like another one of K & B's brilliant PR moves. Didn't work though.

I don't know... if I were in this position, I think I would be trying to find a doctor who would state that I WAS NOT compentent... sure, it would "complicate" the custody case, but I think he is going to have a lot more things to deal with shortly.

CyberPro

 

[SleuthyGal]

$5k for tests, $7k for finding of desired 'mental fitness?' {snark added}

 

[Anderson]

They will try to use it anyhow to refute any other evaluation and possibly in the criminal case - but that may well be a huge mistake - might just prove he was sane, rational and was willing to murder and understood murder was not a legal option.

That makes sense. But, for a guy who was so worried about money, he sure is spending it quickly.

 

[SleuthyGal]

I know! $12K for the Charlotte shrink & tests? Oh man. He'll be bankrupt before this thing ever gets to trial.

 

[Anderson]

I don't know... if I were in this position, I think I would be trying to find a doctor who would state that I WAS NOT compentent... sure, it would "complicate" the custody case, but I think he is going to have a lot more things to deal with shortly.

CyberPro

Sometimes I really think that he believes that he will come out of this. But who knows?

Not surprising that he avoided going to the hearing today. I suppose that he will have to go to the custody hearing.

 

[raisincharlie]

That makes sense. But, for a guy who was so worried about money, he sure is spending it quickly.

In his motions, don't forget that he filed one to have the custody case dropped and another to have the Rentz's to pay for expenses he has incurred. He's thinking he'll get that back.

 

[fran]

Check out this story on another local station. Same basic facts, but this version seems to have a few different details that are interesting. For example, Ed Crump points out that BC didn't attend the hearing.

http://abclocal.go.com/wtvd/story?section=news/local&id=6420994

Why am I not surprised Brad didn't have the guts to show up in court? :chicken:

He's a coward. He has hid from the media, LE, Nancy's family and friends, and now a judge.:snooty:


Oh, but he still sits behind that computer screen spitting out vile :liar:about his poor murdered wife and family and friends.

Ohhhhh,..............but don't force poor Brad to tell any of his deep dark secrets.

Keep it up, Brad. Let EVERYONE see what type of person you REALLY are.:bang:

Bet it really irks you that Nancy told EVERYONE what a you are. LOL, and here you thought everyone thought you were Mr. Wonderful,.......but in actuality, all this time they know what a :loser: you are.

Big man,............yeah,..........Mr. Tuff guy. NOT :slap:


JMHO
fran

 

[Anderson]

I know this has already been discussed (I tried to catch up), but has anyone ever seen anything like this before? How would Judge Sasser determine this? Very interesting.

"Wake District Court judge Deborah Sasser said, "If no one is charged with this murder before the hearing, I will have to determine if Brad Cooper killed his wife."'

http://abclocal.go.com/wtvd/story?section=news/local&id=6420994

 

[raisincharlie]

I know this has already been discussed (I tried to catch up), but has anyone ever seen anything like this before? How would Judge Sasser determine this? Very interesting.

"Wake District Court judge Deborah Sasser said, "If no one is charged with this murder before the hearing, I will have to determine if Brad Cooper killed his wife."'

http://abclocal.go.com/wtvd/story?section=news/local&id=6420994

It happens in civil cases - wrongful death suits in particular. The decision is based on a preponderance of the evidence not beyond a reasonable doubt. This is one reason Judge Sasser will not restrict questions put to Brad - if he gets on the stand - which he will have to do in a civil matter and he refuses to answer, the judge has the discretion to determine the answer on their own and they can draw a negative inferrence for refusal to respond.

 

[SleuthyGal]

Have you ever see this happen in advance of any criminal case proceeding? I never have so I'm curious how this is going to go down and what precedent exists (in advance of a criminal case).

 

[raisincharlie]

Have you ever see this happen in advance of any criminal case proceeding? I never have so I'm curious how this is going to go down and what precedent exists (in advance of a criminal case).

Usually wrongful death suits follow a criminal case (2 year statute of limitations however). However this being a custody case makes it such that the timing would be prohibitive by law. So I suspect there will be a continuance requested by the defendents lawyers - Brad does not want to get on the stand, he does not want to submit to a deposition and his lawyer would be crazy to even think about allowing it to happen. My guess - there will be no custody hearing in October for these reasons - or Brad will settle again in chambers without the judge being present. JMO.


It will be very interesting to see if Linda Fisher files a wrongful death suit prior to November 3 on this year - that's when her time to file will expire.

 

[Anderson]

It happens in civil cases - wrongful death suits in particular. The decision is based on a preponderance of the evidence not beyond a reasonable doubt. This is one reason Judge Sasser will not restrict questions put to Brad - if he gets on the stand - which he will have to do in a civil matter and he refuses to answer, the judge has the discretion to determine the answer on their own and they can draw a negative inferrence for refusal to respond.

Very interesting. After reading SG's response, I am wondering if it would influence a criminal trial, should it take place.

 

[raisincharlie]

Very interesting. After reading SG's response, I am wondering if it would influence a criminal trial, should it take place.

If he gets on the stand - anything he says can and will be used by the DA if at all possible in a criminal trial. A defense lawyer can always file a motion to have it excluded which means a judge would end up determining the value of such - i.e. probative versus inflamtory. A toss up.

 

[SleuthyGal]

Usually wrongful death suits follow a criminal case (2 year statute of limitations however). However this being a custody case makes it such that the timing would be prohibitive by law. So I suspect there will be a continuance requested by the defendents lawyers - Brad does not want to get on the stand, he does not want to submit to a deposition and his lawyer would be crazy to even think about allowing it to happen. My guess - there will be no custody hearing in October for these reasons - or Brad will settle again in chambers without the judge being present. JMO.

I also doubt an actual hearing will take place Oct 13. Probably a continuance with temp custody still in place I bet. If there is an arrest would bond be given in a murder case in this state?

 

[jumpstreet]

Have you ever see this happen in advance of any criminal case proceeding? I never have so I'm curious how this is going to go down and what precedent exists (in advance of a criminal case).

What if (hypothetically), ruling on the custody would take place before any (potential) criminal trial, and Judge Sasser were to decide (based on preponderance of the evidence) that BC were "innocent"? It would sure be interesting for a future criminal trial to take place where the burden of proof on the prosecution is heavier.

I wouldn't think they could 'continue' the custody "indefinitely"... (especially if no arrest is made for several years if ever (a la MY)

 

[jumpstreet]

Have you ever see this happen in advance of any criminal case proceeding? I never have so I'm curious how this is going to go down and what precedent exists (in advance of a criminal case).

RC - if it does go down this way, can we agree that indeed this case will have had at least one semi-unusual element to it?

 

[raisincharlie]

I also doubt an actual hearing will take place Oct 13. Probably a continuance with temp custody still in place I bet. If there is an arrest would bond be given in a murder case in this state?

I can't answer the bond question SG. To be honest I haven't followed the rash of murder cases in NC to make note of how many are held with or without bond. Dunno - guess it may depend on the judge's mood at the time.

 

[SleuthyGal]

If (hypothetically), ruling on the custody would take place before any (potential) criminal trial, and Judge Sasser were to decide (based on preponderance of the evidence) that BC were "innocent". It would sure be interesting for a future criminal trial to take place where the burden of proof on the prosecution is heavier.

I wouldn't think they could 'continue' the custody "indefinitely"... (especially if no arrest is made for several years if ever (a la MY)

If Brad refuses to get on the stand and/or refuses to answer certain questions then the judge will infer a negative from that. I highly doubt a judge will determine him to be innocent of the murder in such a case, and I think he would have to get on that stand for a judge to make any determination one way or the other.