State v Bradley Cooper 04-19-2011

[gritguy]

their feelings wouldn't get hurt, but why would I not pay someone who works for me?

It was just a bit of humor at my profession's expense; however, MANY people do not feel obligated to pay their legal bill. Just a hazard of the practice and obviously a prime reason for retainers.

ETA: I'm doing too much posting as a lawyer. Going outside to clear more debris. This forum is for the status of the case generally and not recitations of various aspects of the practice of law. I've tried to give observations relevant to the process, but I think I've reverted to the old "paid by the word" mode of writing, so I'll lay off.

 

[Albert]

I am curious how much money they had to spend on experts.

Similar question... How is the budget of a court appointed attorney determined?

 

[NCEast]

Here is the article. His part is at the bottom:

http://abclocal.go.com/wtvd/story?section=news/local&id=8070816

Again, thank you!

 

[Wyn]

I wouldn't be surprised if Kurtz filed a complaint with the Bar. Gessner has not allowed BC a fair trial. I don't care what you think of BC, he deserves a fair trial just like everyone else.

Having inept representation doesn't mean he isn't receiving a fair trial.

 

[snowshuze]

Personally, I believe Mr Kurtzs performance is the one that will be questioned in the trial, NOT Judge Gessners.

 

[GhostCrab]

Let me guess, you are associated with Kurtz and Blum, right?

Not even in the slightest. I don't even get to court that often to mingle with his crowd. The only interest I have is in the sanctity of the justice system.

 

[LyndyLoo]

Yep. It looks like everyone in the neighborhood thought he was guilty, so the police set about to gather evidence to prove that belief. Police have given their opinions about that guilt on the stand without providing proof, and the judge seems to act like it's a foregone conclusion that Brad is guilty ... very strange situation.

BUT, otto, those witnesses were asked by Kurtz what they believed or their theories..so they only answered those questions. Pros. never asked those questions of those same witnesses..only what they did and why they followed that up?..Never asked their opinions IIRC:twocents:

 

[kantoo]

But there was a lot of talk about protocol and methodology. That goes to discredit a witness on cross, not whether he is an expert or not.

but i thought he said he did not have a protocol or written methodology.

 

[raisincharlie]

Yes. Ghostcrab's point about questions of methodology normally being something for the jury to consider is a good one.

I did not see the witness foundation, but I understood the ruling to be split in that the judge did not agree his expert status on network security qualified him as expert on forensic examination of computers.

That is the way I took it as well. Just my thought - no way was Mr. Ward close to an expert in computer forensics, but I do suspect he is very well versed in network security as advertised. I happen to agree with the judge's ruling - let Mr. Ward talk all day about what he knows, leave what he doesn't know outside the door. Perhaps the DA should have contracted him to chase down if the Cisco network was used to place the 640 am call instead...

 

[less0305]

I've been gone for an hour and 15 minutes. What did I miss? Anybody with a quick recap? It was dark and a special agent was testifying when I left.

 

[sunshine05]

Who makes the final decision of mistrial? Does this put the whole proceedings on hold till a decision is made?

I just read in a similar case where the judge was asked to recuse himself and grant a mistrial, the defense can ask a higher court for a delay in the trial pending the decision about the judge. No idea if that will happen here or if Kurtz will move forward with his case. Things are getting pretty shaky though and I would be very uncomfortable continuing with a trial with such a blatantly biased judge.

 

[ncsu95]

I've been gone for an hour and 15 minutes. What did I miss? Anybody with a quick recap? It was dark and a special agent was testifying when I left.

We know nothing except Kurtz accused Gessner of bias, asked for a mistrial, and asked the judge to recuse himself. Gessner denied both.

 

[sunshine05]

I've been gone for an hour and 15 minutes. What did I miss? Anybody with a quick recap? It was dark and a special agent was testifying when I left.

In a nutshell, Defense asked the judge to recuse himself due to bias and asked for a mistrial.

 

[Just the Fax]

I like this tweet....

"Actually I think Kurtz grandstanding & bufooning - needs the drama & attention due to lack of credible witnesses?"

 

[ncsu95]

I just read in a similar case where the judge was asked to recuse himself and grant a mistrial, the defense can ask a higher court for a delay in the trial pending the decision about the judge. No idea if that will happen here or if Kurtz will move forward with his case. Things are getting pretty shaky though and I would be very uncomfortable continuing with a trial with such a blatantly biased judge.

If he wasn't biased before, I have a hard time believing he won't be moving forward. This was a pivotal point in this trial. It will be interesting to see how it continues.

 

[NCEast]

but i thought he said he did not have a protocol or written methodology.

IIRC, he didn't. That was a stumbling block for him and the defense. He didn't write anything he did down.

 

[NCEast]

I've been gone for an hour and 15 minutes. What did I miss? Anybody with a quick recap? It was dark and a special agent was testifying when I left.

It's still dark and we're going crazy trying to find out what's going on. Twitter reported/WRAL confirmed that Kurtz asked for a mistrial and/or that Judge Gessner recuse himself.

 

[otto]

The record on appeal is going to be a beast. And it will be interesting to see what an appellate court does with it considering the environment here lately arising from problems within the SBI.

Those problems suggest that police influenced expert testimony ... and I almost get the impression that police aren't quite up to speed, and are still operating with the belief that they've all got each other's backs regardless of facts.

 

[less0305]

Oh, my!!

 

[NCEast]

Those problems suggest that police influenced expert testimony ... and I almost get the impression that police aren't quite up to speed, and are still operating with the belief that they've all got each other's backs regardless of facts.

The police influenced whose expert testimony--their own FBI computer guy?