State v Bradley Cooper 4/14/11

[ncsu95]

wral WRAL NEWS in NC
Det. Chappell: I found 92 hits on Google on Brad's computer. No cookie for Fielding Drive view on Google though. #coopertrial

Now that is interesting. So he didn't just clear the cookies on IE.

 

[Palomine]

wral WRAL NEWS in NC
Chappell: Brad searched museum sites July 12 am. Defense: Is that consistent w/ someone who killed their wife the night before? #coopertrial

 

[gritguy]

The grand jury process is a farce, and it could result in innocent people sitting in jail pre-trial. But, a convinction requires twelve citizens to agree based on evidence which can rebutted in an open forum by representatives of the defendant with the defendant present. As well, in a trial the defendant is often allowed to allude to various conspiracies or missing witnesses, evidence, etc., even when there really is no evidence of such.

Trials are not perfect, and rules of evidence are confusing, but it is a reasonably balanced process.

 

[cody100]

I agree in fact I think he specifically said he has the MFT what he doesn't have is the "report" on the data (or extract or whatever you want to call it) that the FBI analyzed and testified to.

You are both correct. He didn't ask for the protected name of the tool, but asked for the byproduct or report. As I said, if this were DNA evidence, he would be asking for the final results/report not what mechanism they used to arrive at the data. It made sense to me. Now, do I think it will change anything? Probably not. However, it could present a problem on appeal if anyone understands the difference.

 

[Palomine]

wral WRAL NEWS in NC
Chappell: It might be something you do if trying to establish an alibi. In my career, I've seen people do the strangest things. #coopertrial

 

[NCEast]

wral WRAL NEWS in NC
Chappell: If file's deleted/overwritten, can't be recovered. Defense: You think Brad deleted cookie? Chappell: Possibly. #coopertrial

What, exactly, does this mean?

 

[Coolmomof4]

Good Morning!

I am just now getting caught up here this morning. Remember when the trial first started and the two young women were sitting at the defense table with Kurtz and Trenkle? Judge Gessner made them move to the front row behind them. I am not sure where I heard it, but one of the young women was supposedly from the Innocence Project, and Kurtz said the other one was assisting him with looking up information. The judge made them move anyway.

I could certainly be wrong, but I think Kurtz is behind some kind of blogging campaign. I don't know why he would be, though. Kurtz had wanted his own person to film the trial in tandem with the videographer from WRAL. Maybe it was to watch later and critique his performance. IDK, but the judge denied that request as well.

There is something going on with this trial that I haven't seen in other trials. I am not even sure what it is, but I feel Kurtz has a hand in it. He wants to win at all costs, IMO.

Does anyone else have a really bad feeling that something is going on that we do not know about where the defense is concerned?

MOO's

Yes! I don't post often, but I have thought when watching this trial that he is working behind the scenes and/or has people doing his bidding. There's just too much weirdness going on in the courtroom, online, etc.

 

[CyberPro]

Thank you for this explanation. It really helps! So can I ask, how different would his version really be? Would it be similiar enough? Would it contain the same information but not enough detail? Just wondering.

Also, I don't know enough to even think this could be valid, but did he save the zoomed in images so he could use the computer later to view them updated and see the site without having to go there? There were aerial searches, weren't there? Would this be easier to cover and destroy than multiple knew searches on the map?

I think a lot of this is either a misunderstanding by Kurtz, or poor choices of wording in his arguements. Since he works with words and as part of his training should have pretty much mastered the art of working with words and phrasing, I am going to give him the benefit of the doubt and say it is a misunderstanding of the technology.

This applies to my earlier discussion to you as well JimInWilton. Kurtz has referenced something that sounds a lot like he is saying that the "version" of the MFT that he has analyzed is different from the prosecution's MFT. If they have a disk image, they have the MFT. He has said something like..."the version of the MFT"... "The tool for one version of the MFT might produce different results from the version of the MFT that we have..." - not direct quotes, but pretty close.

The whole word "version" there is problematic. In computer terms, version or versioning refers to a change of some kind. As an example, you could consider Windows 2000 and Windows 2003, they are both Windows, but different versions. For Kurtz to apply this terminology to the MFT argument is stating that the MFTs are different in some significant way, and therefore there are different results. Someone in a previous post said something that was talking about the tools the defense used might not be able to understand the newer version of the MFT, and that is possible. This again, would indicate the defense needed a newer version of the tool, but the source of the data was the same.

So, I think it is more of a point of the way the words are being used and the semantics of the statements that, to me at least, Kurtz is not communicating his point very well. I tend to take words pretty much at litteral value, and inserting "version" in the sentences skews the meaning to me.

I would like to point out that some other posters have made some very good arguments for why this data should be protected.

If you have ever studied the "clean room" techniques that were used by Phoenix to create the first compatible BIOS chip that allowed IBM Clone computers to be made, you would see a comparison.

 

[JiminWilton]

Having re-watched the argument over discovery, it is obvious to me that the pros. is in possession of a REPORT that was generated by some method that would risk national security were it be disclosed (which I find foolish in this particular instance), and refuses to provide the defense with the REPORT. At the same time, the pros. tenders and expert witness, elicits testimony about the REPORT, and attempts to hinder the cross exam by denying the REPORT to the defense. Pros. alleges that having the computer disk (the internet, in my earlier comment) is the same as having access to the REPORT the super secret spy software generated. Remember, the REPORT is unique to this ThinkPad. Never did Kurtz ask for the methodology by which the MFT was extracted, REPORT.

This is not about whether BDI or Kurtz has a whiny voice, it's about basic fairness in a trial where a man is on trial for murder. And I continue to hold my belief that equity demands that the defense be provided with the REPORT, not the methodology.

I have no cat (or kitten) in this fight, but I am amazed at what I perceive to be serious prejudice by Gessner for the prosecution. Years on the police force might do that.

 

[ncsu95]

Another search warrant was secured for a deeper investigation into that device. In the grand scheme of things, not that big of a deal, IMO.

Regarless of the outcome of this case...or looking at it outside of this case..it's a big deal. It's a huge deal. The defense attorney sent a letter to the CPD specifically asking that the phone being handled with the utmost care because it was potentially crucial evidence to them. The CPD acknowledges getting that letter. Then it is the one piece of potential evidence that was destroyed. How is that not a big deal? And I don't care if this is Brad Cooper or whoever...that is a big deal.

 

[Palomine]

wral WRAL NEWS in NC
Chappell: 692 files on Brad's computer modified after it was seized. I checked every one & they were all automatic updates. #coopertrial
1 minute ago

 

[snowshuze]

wral WRAL NEWS in NC
Chappell: Brad searched museum sites July 12 am. Defense: Is that consistent w/ someone who killed their wife the night before? #coopertrial

Objection, speculation.

 

[gracielee]

wral WRAL NEWS in NC
Chappell: Brad searched museum sites July 12 am. Defense: Is that consistent w/ someone who killed their wife the night before? #coopertrial

IIRC, didn't scott peterson make a couple innocuous online purchases the morning prior to dumping Laci's body?

 

[Cheyenne130]

Now that is interesting. So he didn't just clear the cookies on IE.

Unless those 92 hits came after his return at 3. Again we are left in the dark with incomplete information. (Darn it!)

 

[less0305]

These same people need to remember that the next time they call LE for an emergency of their own, IMO. They may slam LE all they want, but if they call them for any reason, LE will respond. It really chaps me when people down LE. We are sitting here looking at all of this in hindsight. Could any of those who are so critical have done it perfectly? Detective Young made a mistake. It wasn't for malicious reasons. He wasn't trying to make a mistake.

The most dangerous call LE goes on is a domestic violence call. You know what you are dealing with in a robbery, for instance, but never in a domestic violence call. I am just using this as an example. The general public simply does not realize what some LE deals with on a daily basis.

less0305, this tirade wasn't directed at you or anyone else really. I just needed to get this off my chest.

MOO

Oh, I completely agree!!! My husband served 20 years in law enforcement. At the end he was busting into crack houses on drug raids - but he had his fair share of all calls over his years. Nobody really appreciates them for what they do every day. My husband's very first call on his first night on duty at a large metropolitan city was the murder of a woman by her husband in a domestic violence situation. A few years later he was in a house with a husband who was holding his family at gunpoint - wife and kids - my husband wouldn't leave the house until he got those babies and their mom out some 7 hours later - then was forced to exchange gunfire with the husband. It fries my butt when I hear people badmouth the police!!! I know what the chances are - I lived with the chance I'd lose my husband 24/7.

 

[cody100]

Now that is interesting. So he didn't just clear the cookies on IE.

That is interesting

 

[Cheyenne130]

If these wral tweets are correct, the defense is making it much worse for their client with this cross.

 

[less0305]

Tell it det. Chappell!!!!!!!

 

[BrownRice]

If these wral tweets are correct, the defense is making it much worse for their client with this cross.

I was thinking the same thing? If they're trying to make a point, I'm missing it. Kinda like in the beginning with the state.

 

[bloghooligan]

The grand jury process is a farce, and it could result in innocent people sitting in jail pre-trial. But, a convinction requires twelve citizens to agree based on evidence which can rebutted in an open forum by representatives of the defendant with the defendant present. As well, in a trial the defendant is often allowed to allude to various conspiracies or missing witnesses, evidence, etc., even when there really is no evidence of such.

Trials are not perfect, and rules of evidence are confusing, but it is a reasonably balanced process.

I don't disagree but it does seem that if NC instituted recording of GJ hearings and there was a requirement that the prosecutor present known exculpatory evidence -- that some false indictments might be avoided. I won't even go into NC's version of a persons right to a speedy trial (that has been upheld by the supreme court).