State v Bradley Cooper 04-19-2011

[LyndyLoo]

The ruling may or may not have been correct but MUCH of what BZ was arguing about should not have been taken into consideration as to whether he is an expert or not. It would come into play during cross examination before the jury, but now it has been made sure that the jury will never hear it.

But the judge did say he was considered an expert in security and penetrations of computers, but could NOT testify as a Forensic Computer expert. Mr. Ward said in his own word, exactly that. so the judge will not give him that hat of expert to challenge the States's Forensic Expert...Beside, he has the Supreme Court Ruling on his side to make that ruling, no?..

Unfortunately, Kurtz and Co. brought a non-proven Forensic Computer expert that has never been testified in court before or deemed that particular expertise Expert... Just saying :twocents: Who is ata fault, Kurtz/Defense or the Judge?

 

[kljohnson0458]

Maybe they took a break. If Kurtz is still taking on the judge I'm glad to not be hearing it.

 

[GhostCrab]

I'm not an attorney but the way I heard it, this witness did not have the education, qualification, certifications, experiences, or anything else needed to qualify as an 'expert witness' in forensic computer technology. I think ADA Zell was huge in his handling of the potential expert.

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.

 

[Star12]

Any attorney here who wants to be recognized as such can become verified by contacting Tricia.

 

[gritguy]

To the attorneys here...What do you believe is the best course of action for the defense at this point?

Put on the best defense they can with the witnesses they have. I think that is what they must do and the only thing they should or can do.

IMO, Kurtz has made the right motions and preserved the right things to support any points on appeal the defense might want to make should the verdict be guilty. If the verdict is not guilty, none of the drama on objections etc. matters anyway.

 

[sunshine05]

I hope someone steps in and removes this judge.

 

[Cheyenne130]

I hope somebody can answer because, as has been the case a lot lately, I'm lost.

I searched and found. He testified to Brad being on his computer 4 times the night of the 11th and he testifies about Nancy's emails being forwarded unknown to her. He was crossed about the handling of the computer and the fact that it was left on the network for 27 hours after the house was seized.

 

[macd]

I'm curious, do you allow such usage in criminal trials? And murder trials of former employee's of your company? Seems like something like this is ripe for opening up a whole big can of whup a$$ on somebody?

Maybe this was done under subpoena.

 

[GhostCrab]

To the attorneys here...What do you believe is the best course of action for the defense at this point?

I would move forward...it would be a huge risk not to.

 

[gritguy]

I never met an attorney that could get their feelings hurt, just saying

Try not paying their bill!! :rocker:

 

[gritguy]

I would move forward...it would be a huge risk not to.

Completely agree.

 

[LyndyLoo]

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.

It is my understanding that a witness needs to be accepted as an expert on something in order to opine or give their opinion on certain evidence, no?

 

[NCEast]

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.

The referenced case law by Kurtz was old and didn't match the case we're in....the case law cited by Zell was on point. Ward from New Hanover county, NC was the case law that Zell used. I don't know the finer points as you do but what was argued, and what the witness actually testified to, was pretty easy to follow. He had nothing in his background to qualify him in what he had been called to testify to. Had Judge Gessner allowed him to go forward as an expert witness with respect to the forensic aspects of the case, the prosc. would have objected on every question. Right now, time is of the essence and the jury is becoming impatient.

 

[Palomine]

Try not paying their bill!! :rocker:

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

 

[otto]

Well, from what I've gleaned from colleagues who are in court on a day to day basis, there are A LOT of people questioning the way Gessner has handled this trial. And this is coming from people who are friendly with him and have cases before him on a regular basis. The complaints about the judge are legit and are coming from every direction.

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.

 

[NCEast]

I searched and found. He testified to Brad being on his computer 4 times the night of the 11th and he testifies about Nancy's emails being forwarded unknown to her. He was crossed about the handling of the computer and the fact that it was left on the network for 27 hours after the house was seized.

Good job!! Thank you!

 

[GhostCrab]

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.

 

[gritguy]

It is my understanding that a witness needs to be accepted as an expert on something in order to opine or give their opinion on certain evidence, no?

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.

 

[Albert]

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

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

 

[Cheyenne130]

Good job!! Thank you!

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

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