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Brad Cooper seeks more evidence from state

Posted March 22, 2010

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— Attorneys for a Cary man charged with killing his wife nearly two years ago told a judge Monday that they need more discovery evidence from the state to prepare for their client's murder trial.

"We're simply asking for exactly what case law says and statutory law says we are entitled to," attorney Howard Kurtz said on behalf of his client, Brad Cooper.

Nancy Cooper Husband of slain mom seeks more evidence

Cooper, 36, is charged with first-degree murder in the July 2008 death of his wife, Nancy Cooper. His trial is set to begin Oct. 25.

Kurtz and attorney Robert Trenkle filed two motions last month dealing with items taken during July 2008 and October 2008 searches of Cooper's home.

Among those items were e-mails on a computer and a flash drive that Cooper's attorneys argue fall under attorney-client privilege and cannot be used as evidence at trial.

Because of the volume of material, Superior Court Judge Paul Gessner appointed a judge to review the e-mails and decide what can be introduced at trial.

Wake County Assistant District Attorney Howard Cummings said he does not know what is on the computer and flash drive because he has not seen it.

In a third motion filed last month, the defense is also asking the state to turn over other evidence – everything from scientific evidence about Nancy Cooper's body decomposition to cell phone and dental records.

The motion also implies that Nancy Cooper had multiple extramarital affairs and that, at one point, Cary police investigated whether she might have looked for relationships with men online.

"They believed that there was the possibility that this was Nancy Cooper reaching out for relationships," Kurtz said.

Those close to Nancy Cooper say the allegations about the affairs are simply muckraking designed to damage her reputation and to create distractions in the case.

Brad Cooper told investigators that his wife went jogging on the morning of July 12, 2008, and never returned home.

A man walking his dog two days later found the 34-year-old mother-of-two's body in an undeveloped subdivision less than 3 miles from the Coopers’ Lochmere home.

An autopsy determined that she had likely been strangled.


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  • 1KidMom Mar 25, 2010


  • anti-Hans Mar 24, 2010

    I agree completely as to why the spouse is always looed at first.

    My original point was people on here complaining that his attorneys were trying to get information and the prosecution was trying to deny it. Give him all the info so we can get to the bottom of this.

  • 1KidMom Mar 24, 2010

    (anti-Mako II), but you would agree that there is a reasonable logic as to why in cases such as this they often look at the spouse first?
    And I'm for him getting what's requested now, so he can't use that as part of his defense when he appeals.

  • anti-Hans Mar 24, 2010

    1kidmom, October will tell a lot. I am not overlooking his infidelity. I am just saying there are two sides to every story. I think he probably is guilty. I am just saying please dont jump to conclusions, and please dont complain when his attorneys are asking for his constitutional rights.

  • 1KidMom Mar 24, 2010

    Guess people have forgotton about his indecretions as well, really the defense is out to talk about anything not relative to keep from addressing the elephant in the room. We've seen it in other cases where there is clear evidence of wrong doing, but let's drag the other party through the mud and talk about everything not important or not true to take the light off what really happened. Oct. will tell in time.

  • itsmyownopinion Mar 23, 2010

    It came out in the hearing today and it's being reported that she was/had been involved with someone else, who may have had motive to kill her.

  • anti-Hans Mar 23, 2010

    Had many appts today so have been away from PC and most will probably not see this, but I finally agree with Seankelly on something. She was bankrupting them with her out of control spending, so whatever money he took away was to help the family. For someone who "had their money taken away" she had Coach bags, BMW cars, and pretty much whatever she wanted.

    I'm not saying he did not do it. The details will come out in the trial, but there are always two sides to every story.

  • 1KidMom Mar 23, 2010

    I'm not here to start a war about this, but some said the same thing about Jason Young and others. Brad Cooper will have his day in court and all will see then what we don't see now. What statistics show based on facts is that they look at spouses (husbands/wives) first because they are more likely to be guilty for reasons that come to light during trial. I'm not stereotyping something that has been typed already.

  • seankelly15 Mar 23, 2010

    1KidMom - Do you know ANYTHING about this case? She was bankrupting the family with her shopping. He took away her credit cards to try to get his family out of debt. And, the evidence that I have seen so far is basically the affidavits from her friends who have offered nothing other than opinion. The shame of this matter is that he is being convicted by small-minded people who have decided to replace jurisprudence with their biased opinion.

  • itsmyownopinion Mar 23, 2010

    But 1KidMom, we are unstable if we want to punish Brad Cooper for the bad husbands in our past. Think about it. This is not an emotional issue; it's a legal issue. Brad Cooper is entitled to everything it takes by law to have a fair trial. There is nothing to be gained for any of us by railroading him.