Cooper attorneys want custody order sealed

Raleigh, N.C. — Civil attorneys representing a Cary man charged with killing his wife have filed a motion asking a judge to seal a temporary custody order regarding the couple's two young daughters.

In the request filed Monday, Brad Cooper's lawyer, Deborah Sandlin, said that making the details of the order public would prejudice potential jurors in the criminal case and "irreparably harm" both his criminal defense and his standing when a permanent custody hearing is held.

"Once the temporary custody order is entered as a public record, it will certainly be posted on the WRAL Internet Web site, the 'NC News 17' Web site, the Websleuth (sic) Web site and countless others," the motion states, adding that there has been substantial media coverage surrounding both the custody case and Nancy Cooper's slaying.

"Once this occurs, no appellate decision can undo the irreparable damage that will have been done," the motion continues.

Alice Stubbs, an attorney representing Nancy Cooper's family – to whom a Wake County District Court judge granted temporary custody of the Coopers' daughters – said she intends to file an objection to the motion.

Several days after the custody decision, a Wake County grand jury indicted Brad Cooper, 35, on first-degree murder in his wife's slaying.

Brad Cooper told Cary police his wife went jogging around 7 a.m. on July 12 and never returned home. Two days later, her body was found in an undeveloped subdivision three miles from their home. An autopsy found she had likely been strangled.

Through his attorneys, Brad Cooper has denied being involved in her death. He has admitted to police that they were having marital difficulties.

He is being held without bond in the Wake County jail.

His attorney in the criminal case, Howard Kurtz, said Monday that he expects to file a motion asking for bond.