State v Bradley Cooper 04-19-2011

[gritguy]

You might be right. I doubt the defense would have picked this judge though in their shopping.

Indeed. Clearly they weren't allowed to shop that one! Anyway, it is pretty easy to shop judges for pre-trial motions but much harder for trials, due to how all that is scheduled.

 

[FullDisclosure]

Well, today isn't over yet. I wonder if they'll use him for anything at this point. Wow.

 

[momof7]

But he can't come back after today. Barbados called and they want their fee back. They didn't realize he wasn't qualified when they hired him.

And this is what bothers me immensly. How could BC attorney's not realize there was a probability he would not be considered an expert. He hadn't been called in a trail before now as an expert. How could they not find another backup plan in case this were to happen.

For me, this pretty much says, they couldn't. There was not a single expert out there willing to say what they wanted to hear and testify to it. Do you think BC feels the gravity of his situation? I hope his attorney's have been preparing him for it, because they certainly had to know it was a shot in the dark. I am pretty sure I can not be convinced otherwise.

Kelly

 

[otto]

Trying to catch up ... but a bit confused.

Who had stolen software on the computer: Brad or the expext?

Did Kurtz receive a full description of what FBI did to discover the zoomed in area?

Is Kurtz trying to argue that the computer was tampered with by FBI and that the information was not on the computer prior to FBI analysis of the machine?

 

[Madeleine74]

I like how it's being claimed the judge is corrupt and one-sided merely because he is ruling in favor of the state's arguments more often than the defense, when in fact, those calling the judge corrupt and one-sided have no clue about the laws that apply, prior judicial rulings that apply, similar rulings in other cases that apply and a myriad of other legal basis that go into rulings.

 

[ncsu95]

I also was wondering why he was not available after today. Obviously, he would have had to be there tomorrow regardless. So, I was a bit confused as to why he had to testify today, and today only?

Maybe he has to be in another case as an expert, don't know. But, I would imagine, if he thought he was going to be an EXPERT witness he would have made sure he was available.

Kelly

Maybe he has a business trip. I'm sure his work isn't just local.

 

[NCEast]

Kurtz kept saying he couldn't be here beyond today. <shrug> I don't know.

That makes calling a different witness altogether seem so strange.
Kurtz told the judge that Ward would probably be on the stand for 6 hours, including the prosc. turn. The judge questioned that it would take the rest of this afternoon and a chunk of tomorrow for Ward.
I sure don't understand.

 

[borndem]

Just because someone has a college degree it does not mean they are better at what they do than someone else. I am sure you go to the Doctor's ocassionally, do you know if your doctor was an "A" student, or a "D" student, both would be passing you know? A doctor is not the best comparison, because they both have degrees, but a degree along in technology does not relate to being better. is: Bill Gates, Steve Jobs degree is in Physics not computer technology. In the 80s we didn't have laptops, the person PC was a Commodore 64, mainframes and CRTs was still the lay of the land, there was no network other than in the military and even that was rudimentary.

If they had of picked a Cisco person then the argument would be, "this guy works for Cisco, he probably knew BC and is just not admitting it," or some other issue.

I understand your point, but how many D-students graduate from college? Do you have any idea what kind of grades it takes to get into a medical school in the US? It's brutal.

I do most certainly agree with you that physics is indeed a good background for technical expertise. NCSU's first class of Computer Science students graduated in 1971 (it was a 4-year curriculum, of course). CoBOL, assembler, and Fortran were the languages then. I was there.

And I do remember Commodores!!! Techies went crazy for 'em, didn't they?!

 

[otto]

And this is what bothers me immensly. How could BC attorney's not realize there was a probability he would not be considered an expert. He hadn't been called in a trail before now as an expert. How could they not find another backup plan in case this were to happen.

For me, this pretty much says, they couldn't. There was not a single expert out there willing to say what they wanted to hear and testify to it. Do you think BC feels the gravity of his situation? I hope his attorney's have been preparing him for it, because they certainly had to know it was a shot in the dark. I am pretty sure I can not be convinced otherwise.

Kelly

If Kurtz didn't have the information he needed, it would be very difficult for any expert to say one way of the other whether they could give an opinion on the process used by FBI ... wouldn't it?

 

[NCEast]

Trying to catch up ... but a bit confused.

Who had stolen software on the computer: Brad or the expext?

Did Kurtz receive a full description of what FBI did to discover the zoomed in area?

Is Kurtz trying to argue that the computer was tampered with by FBI and that the information was not on the computer prior to FBI analysis of the machine?

The software wasn't stolen--borrowed from Cisco. And the rest we still don't know yet.

 

[MrsWendy]

Another one of those corrupt federal government conspiracies, perhaps?
Saving John Edwards I could see, but a lowly NC murder suspect?
Naw, the FBI is credible in this case.

Nope, no conspiracy theories. I actually agree with your belief that the computer evidence is legitimate. I was just pointing out that you weren't entirely correct when you said that the evidence had been shown to be very credible. The actual credibility was never proven. Instead all we got was a "our methods are legitimate -- trust us".

 

[otto]

I like how it's being claimed the judge is corrupt and one-sided merely because he is ruling in favor of the state's arguments more often than the defense, when in fact, those calling the judge corrupt and one-sided have no clue about the laws that apply, prior judicial rulings that apply, similar rulings in other cases that apply and a myriad of other legal basis that go into rulings.

Is the Judge alert and paying attention when defense is asking questions, or is his head looking like it's ready to explode, and is he leaning back staring at the ceiling with his arms crossed?

 

[ncsu95]

I dont believe Mr. Ward is being bashed so much as being tagged with being underqualified to testify as an expert to call into question the FBI find of those computer searches of pictures...Never heard him called a liar, or embellisher of truthes at all!! He is a very well seasoned computer geek. Unfortunately Defense picked him to fight computer forensic facts which he isnt qualified to do...

I also read one post a few pages back, accusing the Judge as being a ringer for the prosecution, as an ex-cop, ex-prosecutor..and is biased for Prosecutions success...Now what was that all about I wonder??

He's been called a loser, said he did his analysis on an etch-a-sketch, was called the driver of the white van breaking into networks, had his voice and mannerisms laughed at, called a name dropper, etc. etc. etc.

 

[LyndyLoo]

Trying to catch up ... but a bit confused.

Who had stolen software on the computer: Brad or the expext?

Did Kurtz receive a full description of what FBI did to discover the zoomed in area?

Is Kurtz trying to argue that the computer was tampered with by FBI and that the information was not on the computer prior to FBI analysis of the machine?

I think Kurtz is alleging CDI planted that search on the computer not the FBI..and of course we already know how expert they are with cells and computers?????? Chain of custody has already been established, and this cisco comuter was locked up from colletion date until it was removed and given to FBI??..Only 3 people had the key to that locked room..Wonder which one Kurtz feel expert enough to plant such a search?

 

[NCEast]

Maybe he has a business trip. I'm sure his work isn't just local.

But surely, with the total weight that the defense was putting on this witness and the supposed enormity and value of his testimony--and then telling the judge that his testimony would take 6 hours--I can't see them not advising Ward to hang around for a few days. I hate to use the word stupid but that's what it was.

 

[FullDisclosure]

I like how it's being claimed the judge is corrupt and one-sided merely because he is ruling in favor of the state's arguments more often than the defense, when in fact, those calling the judge corrupt and one-sided have no clue about the laws that apply, prior judicial rulings that apply, similar rulings in other cases that apply and a myriad of other legal basis that go into rulings.

I don't think I've heard anyone call the judge corrupt. I think that his pro-prosecution bias has been called out. I think he's human, and he's pro-prosecution because of his background. I think most judges have some bias one way or the other, since they are all human and bring past experience to the bench. I also think that this particular judge doesn't do a very good job of hiding his particular bias.

 

[NCEast]

Is the Judge alert and paying attention when defense is asking questions, or is his head looking like it's ready to explode, and is he leaning back staring at the ceiling with his arms crossed?

He's been alert and very fair today to both sides.

 

[otto]

The software wasn't stolen--borrowed from Cisco. And the rest we still don't know yet.

Thanks. Companies often permit employees to install work software from their home computers ... I don't see anything unusual about that.

 

[Madeleine74]

Is the Judge alert and paying attention when defense is asking questions, or is his head looking like it's ready to explode, and is he leaning back staring at the ceiling with his arms crossed?

Like most judges, he's looking at or referring to case law on his computer, which is what guides rulings.

 

[ncsu95]

True that. Call the police inept and corrupt. Call the judge a cheat for the prosecution side. Call the prosecution witnesses perjuring themselves... but don't dare have an opinion about the first defense witness out of the gate.

That's not fair. Have an opinion on what he is saying or testifying to. I see nothing wrong with questioning his use of borrowed tools, etc. That would make him inept in this. But he was being bashed from the moment he sat down about things that didn't pertain to his expertise.