Nancy Cooper, 34, of Cary, N.C. #8

[maconrich]

Actually, why are you arguing Blink ?

As I said, NC, uses the GJ for felony indictments.

That is a fact.

Sorry for being blonde here but it seems GJ indictments come after the arrest in the majority of cases (in NC) -- is that what you're saying? Or are you saying they'll get the GJ indictment and then make the arrest??? Again, I know I'm being dense and just not getting what you're saying...

 

[Blink34]

Actually, why are you arguing Blink ?

As I said, NC, uses the GJ for felony indictments.

That is a fact.

JTF- I am not arguing with you whatsoever and if that is unclear I apologize. I was trying to understand if you were stating that ALL felony cases were presented to GJ exclusively, and if I understand you correctly, you are stating that it is an option, not mandatory, and referenced the schedule, which to me means they use a "standing GJ" different than convening, that's all.
Again, no argument here, just trying to understand the climate like everyone else.

 

[Blink34]

Sorry for being blonde here but it seems GJ indictments come after the arrest in the majority of cases (in NC) -- is that what you're saying? Or are you saying they'll get the GJ indictment and then make the arrest??? Again, I know I'm being dense and just not getting what you're saying...

LOL, let us blondes unite- long day

 

[maconrich]

LOL, let us blondes unite- long day

LoL! Sounds good to me -- I'm plain lost

 

[SleuthyGal]

Until LE gets some physical evidence (i.e. DNA or something) back in this case I don't believe they are going to arrest the husband. Aside from some kind of admission or confession (which doesn't look like it's going to happen) I think they'll need something else to definitively tie BC to the murder. I hope the M.E. was able to recover physical evidence that will help point to the perp of this crime...my fear is that it will languish on and on with no resolution.

How long should it take for DNA to be processed? I was thinking it takes 2 - 6 weeks, depending. Does anyone know a more definitive timeframe on that?

 

[gritguy]

What about attorney-client privilege?

Hi.

Essentially, the defense attorney is testing the prosecution's case against the burden of beyond a reasonable doubt. It is not the defense attorney's duty to concern himself with the guilt or innocence of his client, although he may be interested in that, except as it is ultimately expressed by the judge or jury.

It is entirely possible to believe or know the guilt of your client and yet continue your representation. What you should not do is make false statements to the court. Consequently, it is nice to not know that your client is "guilty" so you can say he's innocent or didn't do it or whatever.

Generally, defense attorneys are given great latitude to make all sorts of statements about their clients that may seem to fly in the face of the facts.

Now, I say all this from general knowledge as an attorney licensed in North Carolina, but most of my practice experience is in civil litigation rather than criminal matters.

The obligatory introduction is that I found this site while googling the case. I live near the neighborhood in question and hope for swift justice in this case and feel for the daughters and family, but otherwise have no connection to the matter.

 

[happy2bn10ec]

Lol - I was just breezing through trying to catch up and I see - Jilly said... and I'm uhoh what did I say now? I'm so happy to hear that everything worked in your favor and that you went on to adopt. I think your grandchild is very lucky to have you!

Hard to say what will happen on the 25th. I have a feeling he will contest it but then again, he may enter into a Consent Agreement of some sort. I believe it was Calgary123 that said Brad avoids confrontation and would walk a mile around it (or words to that effect).

There are days he would beg to differ if he is lucky or not! But I think we are lucky to have him (most of the time)!

I think what BC does in court about custody will tell a lot. IMO

 

[maconrich]

Hi Gritguy!Can you clarify if it's usually GJ then arrest or arrest then GJ???

 

[Just the Fax]

JTF- I am not arguing with you whatsoever and if that is unclear I apologize. I was trying to understand if you were stating that ALL felony cases were presented to GJ exclusively, and if I understand you correctly, you are stating that it is an option, not mandatory, and referenced the schedule, which to me means they use a "standing GJ" different than convening, that's all.
Again, no argument here, just trying to understand the climate like everyone else.

Yes Blink, I am saying that all 'major felony' indictments are handed by a GJ in NC. They use a 'standing GJ' in Wake County that convenes bi-weekly.

 

[SleuthyGal]

Does the GJ in Wake County EVER meet outside of their biweekly schedule? For instance, say on Aug 1 the Cary PD and D.A. decided they were ready to proceed to the next step and arrest BC based on the evidence they've gathered, would they then just wait for the next GJ gathering on 8/11?

 

[SeriouslySearching]

Wait..so they have to wait until the GJ convenes and hands down an Indictment before arresting Brad? Is this correct? That doesn't make sense to me...but then again..I don't pretend to know these things. (shaking my blonde head now)

 

[Just the Fax]

Does the GJ in Wake County EVER meet outside of their biweekly schedule? For instance, say on Aug 1 the Cary PD and D.A. decided they were ready to proceed to the next step and arrest BC based on the evidence they've gathered, would they then just wait for the next GJ gathering on 8/11?

Like I said before, the cops can arrest whenever.
However, the DA much prefers a GJ indictment before the arrest.

IMO, we will see a GJ indictment before the killer is arrested in this case.

 

[Snowlover77]

Hi.

Essentially, the defense attorney is testing the prosecution's case against the burden of beyond a reasonable doubt. It is not the defense attorney's duty to concern himself with the guilt or innocence of his client, although he may be interested in that, except as it is ultimately expressed by the judge or jury.

It is entirely possible to believe or know the guilt of your client and yet continue your representation. What you should not do is make false statements to the court. Consequently, it is nice to not know that your client is "guilty" so you can say he's innocent or didn't do it or whatever.

Generally, defense attorneys are given great latitude to make all sorts of statements about their clients that may seem to fly in the face of the facts.

Now, I say all this from general knowledge as an attorney licensed in North Carolina, but most of my practice experience is in civil litigation rather than criminal matters.

The obligatory introduction is that I found this site while googling the case. I live near the neighborhood in question and hope for swift justice in this case and feel for the daughters and family, but otherwise have no connection to the matter.

Hi There, What you said makes perfect sense to me. Thanks for rresponding.

 

[SeriouslySearching]

Welcome to WS, GritGuy! Thanks! The explanation helps tremendously.

 

[Just the Fax]

Snowlover77...."Generally, defense attorneys are given great latitude to make all sorts of statements about their clients that may seem to fly in the face of the facts."

....and the lawyer's public statement will ring true among at least one potential juror.

 

[strach304]

I do remember words like "partially clothed" being used to describe Nancy after she was found. This didn't seem to make sense since a t-shirt, shorts, shoes & socks would be called running clothes, imo. So, maybe it is someone else besides Brad, but why would LE say this wasn't a random incident and the public didn't have to worry?

Also saw it stated on this board that NC was seeing someone. There's an idea too. Didn't the police in Richmond tell the citizens the same thing about the Harvey's? Michelle Young, same thing yet still no arrest. IMO LE would need to have unquestionable evidence that a loon was on the loose to announce it anyway but especially in areas that are so nice things like this just don't happen there.

ETA: Maybe they found dna present that they've concluded not to be Brad's. That's how the rumor of NC's affair got started. SO or lover?

 

[Snowlover77]

Snowlover77...."Generally, defense attorneys are given great latitude to make all sorts of statements about their clients that may seem to fly in the face of the facts."

....and the lawyer's public statement will ring true among at least one potential juror.

I wsn't 100% sure that the lawyer could know of thier client's guiilt and still proceed but I was pretty certain they could. They just can not mistate fqacts and they must not knowingly misrepresent the facts or lie.

 

[curiositycat]

Until LE gets some physical evidence (i.e. DNA or something) back in this case I don't believe they are going to arrest the husband. Aside from some kind of admission or confession (which doesn't look like it's going to happen) I think they'll need something else to definitively tie BC to the murder. I hope the M.E. was able to recover physical evidence that will help point to the perp of this crime...my fear is that it will languish on and on with no resolution.

How long should it take for DNA to be processed? I was thinking it takes 2 - 6 weeks, depending. Does anyone know a more definitive timeframe on that?

That is my fear also. It seems to be the norm these days. Drew Peterson still walking around and so is Craig Stebic. The one difference is that they both still have their kids. I can't remember hearing of a man losing his kids to his in-laws in a case like this EVER. That is the one thing that keeps me hoping they have something on him.

 

[gritguy]

Hi Gritguy!Can you clarify if it's usually GJ then arrest or arrest then GJ???

I can't, but I think Just the Fax is outlining that very well.

However, clearly under North Carolina law there is no necessity for grand jury involvement to initiate an arrest. There are multiple paths for that. Particularly, if the object of LE's attention appeared to be a flight risk, they might move up the arrest to prevent the defendant's movement.

So, there are reasons for any delay, and hopefully those are just the sorts of things you might imagine, which mainly deal with doing everything by the book and lining the case up as best as possible before proceeding. However, we don't know any of that. It could be a current shortage of evidence, but I hope not.

I have an opinion on this case like many people do, but there is no telling at this point what the outcome will be. It does appear to me that the PD has moved in a very strategic manner. The only exception to that possibly is declaring that the community had nothing to fear indicating I think that this was a targeted murder. That made me feel better; however, if I were the person who might be suspected of targeting Nancy Cooper, I would have assumed they were on to me.

Still, in common with everyone visiting here, I'd like to see justice already done, and I'd like to see an arrest already made, but none of that will bring Nancy back to her daughters and family. LE and the DA need to make sure they get the right person and when they do it, do it with enough evidence to win.

I imagine one point of discussion inside the LE side is how to make this a first degree case eligible for the death penalty. If many of the rumors are true, this crime does not appear to have been planned very well and you have to wonder why it happened when it happened, as opposed, say, to the unresolved (I didn't say unsolved) Young case. In other words, this one has more of a heat of the moment feel to it than the Young case.

Also, in my limited experience with local DNA labs (including the one involved in the Duke case) the testing simply cannot be done but so quickly. This goes too for the more involved type of tests (in my case we were trying to recover DNA from a piece of paper held by someone). Consequently, there may be important evidence that simply has not been fully processed yet. Also, there are several key individuals in the case who have not made public appearances, which is interesting too.

Well, sorry for the long post, but I just hope this ends solved and with the right person paying a price for a horrible, cowardly, selfish action.

 

[gritguy]

Snowlover77...."Generally, defense attorneys are given great latitude to make all sorts of statements about their clients that may seem to fly in the face of the facts."

....and the lawyer's public statement will ring true among at least one potential juror.

That is depressingly accurate. However, I don't begrudge the average defense attorney's effort to level the playing field against selected leaking of evidence or sensational coverage.

In this case, you have to give LE credit for maintaining a highly professional control over their disclosure of information. And, while the husband's attorney's claim that his client was a private individual appears inconsistent with blogging his seeming every accomplishment, there hasn't been too much bizarre offered up yet, in terms of wild claims by anybody involved in this.