State v Bradley Cooper 04-19-2011

[cityslick]

ALERT: Brad Cooper defense asks for mistrial

 

[cody100]

BIG NEWS. Kurtz has asked for a mistrial based on Judge Gessner's bias

 

[borndem]

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

I was in the courtroom, just watching, years ago. I went with a friend who wanted me to just see the judge in action -- a good guy, retired now -- before laptops, etc., so they had their brains and some books at the ready.

This judge would often turn his swivel chair 180 degrees and appear to be staring at the wall, or lean back in his chair & close his eyes and appear to be asleep. Once or twice, he whirled around in that chair, or snapped open his eyes and asked a question or o-ruled or sustained an objection -- just as sharp as a whip. This was not the guy to underestimate or assume he wasn't paying attention! I learned a lot that day and enjoyed every minute.

 

[snowshuze]

I just saw on wral twitter that the defense has asked for a mistrial.

It's a Kurtz Kitten bonanza today.

 

[Palomine]

wral WRAL NEWS in NC
ALERT: Brad Cooper defense asks for mistrial http://www.wral.com/

Ha ...ha...I knew it..I knew the defense really doesn't have much in the way of witnesses all they have are accusations of misconduct

 

[cityslick]

BIG NEWS. Kurtz has asked for a mistrial based on Judge Gessner's bias

I think he's guilty (smoking gun did it for me), but you have to not be paying attention if you don't think there is a bias going on (how much so is up for debate).

 

[Madeleine74]

Certainly not unexpected. At least I expected them to ask. Next maybe they will ask the judge to recuse himself.

 

[Cheyenne130]

It's a Kurtz Kitten bonanza today.

I think this is actually sort of "old news". This is what was happening when we went back live briefly and heard the judge say "overruled" and then we went back to test pattern. My guess (since we have so few twitter updates) is that this occured after a court recess/break and now the FBI agent is back on the stand.

 

[NCEast]

I'm not saying anything. I was repeating what the witness said this morning. I was a bit shocked that he used those tools. Seems like he could have purchased his own copy and charged the defense.

His using borrowed, downloaded, etc. tools, software and equipment is the sole basis he fell from grace with me. Not to mention his home lab. Nothing about him seemed professional once the prosc. began asking questions and probing. I think he has a very good background but the other stuff just made him appear to be a wannabe.

 

[gritguy]

Judge Gessner was a police officer who went to law school to be a prosecutor. I don't think that he has been impartial at any point in this trial. I would hope that at the very least the manner in which he has conducted this trial, on and off the record, would be reviewed by the Chief Judge for Superior Court. I don't believe that Gessner right now is concerned in the sanctity of the justice system, but more for a victory for the prosecution. Could Brad Cooper have drawn a worse judge in Wake County? Probably not.

If you are an attorney, this is flirting with Rule 8.2.

We have an obligation to reflect on our comments before airing them in public, and I think that includes even when we are behind screen names. Particularly, comments about the integrity of a judge (and isn't saying the judge has not been impartial "at any point in this trial" a comment on integrity since he would be violating the duties of his office completely) should be completely merited and not blown out of proportion.

Not a personal attack or a threat, just a perspective on the Rules of Professional Conduct as they relate to the judiciary.

 

[Star12]

Raleigh, N.C. — One of the attorneys representing Brad Cooper in his first-degree murder trial for the death of wife, Nancy Cooper, asked for a mistrial Tuesday, accusing the judge of being "clearly biased."

From the front page of wral

 

[Cheyenne130]

Certainly not unexpected. At least I expected them to ask. Next maybe they will ask the judge to recuse himself.

They already did. That was their second motion. He overruled that one as well. (According to the article.)

 

[snowshuze]

Just because he asked, does NOT mean he'll get it folks. The judge has case law on his side.

 

[Overly-Curious]

Certainly not unexpected. At least I expected them to ask. Next maybe they will ask the judge to recuse himself.

They did...Motion denied..

 

[SleuthinNC]

Certainly not unexpected. At least I expected them to ask. Next maybe they will ask the judge to recuse himself.

They already did. Asked for mistrial and judge to recuse himself based on clear bias.

 

[Palomine]

There is nothing in evidence that Brad tried to get back to Canada.

he wasn't given enough time, because of the fast action of her friends

 

[NCEast]

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

The defense more times than not has resources to spend on expert witnesses and a lot of other things. However, with Kurtz and Trenkle being appointed, I have no idea.

 

[FullDisclosure]

Certainly not unexpected. At least I expected them to ask. Next maybe they will ask the judge to recuse himself.

They did ask for that.
http://www.wral.com/specialreports/nancycooper/story/9464609/

 

[Shadow722]

I have never heard of highly skilled IT workers moving from job to job..if they are highly skilled the company makes it a practice to keep them

Ward is a professional paid hacker. He is hired to test systems security/vulnerability by breaking into supposedly secure systems, and showing those companies how their systems can be exploited.

He is quite well known in IT circles locally/nationally. He is a hired gun for systems security. That's why the job jumping. He is brought in to test and hack away. When he's done, he reports finding on weaknesses, makes recommendations to better secure networks/systems, then he moves on to the next job/client.

I would profer that he knows how Cisco systems could be exploited and demonstrate what he would do to break it, and what tracks he might leave behind.

The Prosecution wants him no where near this case. Which is why they are having Kurtz kittens about his testimony. Most good hackers don't have impressive degrees, rather they have a track record of penetration/exploitation of secure systems. That how their rep is made, not with sheepskins on the wall.

 

[Palomine]

They already did. Asked for mistrial and judge to recuse himself based on clear bias.

didn't they try that at the beginning of trial for a new judge