Nancy Cooper

Judge reminds Cooper jurors not to talk about case

Posted March 25, 2011

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— The judge in the Brad Cooper murder trial said Friday afternoon the case would continue on schedule.

Hours earlier, Superior Court Judge Paul Gessner asked the Wake County Sheriff's Office to look into an email and voicemail to prosecutors that alleged a juror may have talked about the case. Prosecutors brought their concern before the court Friday morning.

The details of the messages were unclear, but it is against court rules for jurors to discuss the case with anyone outside of deliberations.

Keith Patterson Full video: Day 12 trial testimony

"They have looked into the matter, and based upon their response that they have provided to me, there is no need for any further inquiry at this time," Gessner said. "I am satisfied that we're in a position to proceed based on their report."

Gessner did not elaborate about the allegation or the investigation, but had said it would have been an error to let it go without looking into it.

Brad Cooper, 37, is on trial for first-degree murder in the July 12, 2008, death of his wife, Nancy Cooper, 34.

His defense attorney, Robert Trenkle, objected to the investigation on the grounds that the email is vague and an investigation "could serve to intimidate or chill the jurors" in violation of his client's rights.

Gessner did not discuss the matter with jurors before releasing them Friday afternoon but did remind them that they signed an agreement, pledging to follow a special set of rules during the trial.

Superior Court Judge Paul Gessner Trial excerpt: Gessner reminds jurors of jury rules

Meanwhile, the trial continued Friday morning with an AT&T analyst testifying about cell phone records in the case and one of the lead detectives continuing his testimony from Thursday.

The state reviewed with detective Jim Young documents and papers that officers seized from the Cooper home during a July 16, 2008, search.

They included Nancy Cooper's Canadian passport, Social Security cards belonging to the Cooper children, articles about divorce and personal notes to Brad Cooper from a former girlfriend.

Gessner overruled an objection by defense attorneys to the personal notes taken from the closet of an upstairs office. They argued the notes were from the mid-1990s before Brad Cooper met his wife and could prejudice the jury.

Wake County Assistant District Attorney Boz Zellinger argued that the fact that Brad Cooper still had the notes raised questions about his assertions to Young days earlier that the Coopers were working on their strained marriage.

Brad Cooper has said that Nancy Cooper went jogging the morning of her death and never returned home. Her body was found two days later in a drainage ditch about 3 miles from the Coopers' Cary home.

Defense attorneys have said Cary police work in the case was "inept" and "dishonest," because they disregarded evidence that didn't support their theory that Brad Cooper killed his wife.

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  • golorealist Mar 28, 2011

    "The defense wants you to believe that Brad went to the store about 6:20 that morning to get milk. He returns home, only to be sent back to get laundry detergent. On the way, Nancy calls him to also pick up juice. Seconds later, he does as he was told, he returns home, Nancy leaves out to go running, never to return again. Phone records and store records corroborate." - stevennc

    gotcha...the absence of alcohol consumption made it hard for me to keep up. i forgot what the exact sequence of events was, thanks for the refresher!

    now, can you pass me a shot?

    thanks, bro!

  • b8esfan Mar 28, 2011

    StevenNC- Yes, I believe Brad said he wasn't sure which route he took on the second trip to HT.

  • StevenNC Mar 28, 2011

    "Circumstantial evidence will now attempt to prove with time/date stamps at HT, pings off cell towers, etc., as to what routes Brad took, how long it takes to get from one location to another, etc."

    ---

    Oh good. I hope the jurors are awake for it.

    It wouldn't surprise me that someone's recollection of what route he took on July 12 would be wrong on October 2.

    Did not Brad state in his deposition that he wasn't sure what route he took on his second trip?

  • StevenNC Mar 28, 2011

    anastasia: "In Brad's sworn deposition tape, he states he 'went home with the milk, filled Katie's bottle, Nancy yelled at him to go back and get detergent, so he went back to HT again. I think all this 'exact time' taken from cell phone records & HT videos is an attempt to show Brad couldn't have gone all the way home, went into the house, did the things he stated he did, and then got back to HT to buy detergent, within the given time frame."

    ---

    According to the timeline posted here by WRAL, Brad leaves HT at 6:25. He's back at 6:41. So time elapsed is 16 minutes.

    According to Det. Young, the travel time between the Cooper home and HT was 4½ to 6 minutes long, depending on the route.

    So that gives BC about 4-7 minutes back at his house. Either end of that range is plenty of time to fill a bottle while NC's fussing with him about his needing to go back.

  • anastasia Mar 28, 2011

    Actually, whether you take Tryon Rd or Lochmere drive to the HT on Kildaire Farm Rd is sort of a draw when starting from the Cooper home,

    ------

    Except that, had you listened to ALL the sworn statments made by Brad, you would find that he himself, swore to the exact routes he took both times that morning. He made these statements with all his attorney's present, on Oct. 2, 2008 on video. Circumstantial evidence will now attempt to prove with time/date stamps at HT, pings off cell towers, etc., as to what routes Brad took, how long it takes to get from one location to another, etc.

  • StevenNC Mar 28, 2011

    golorealist: "yeah, i have to admit...i'm kind of confused right now. i wish i was more clear on the timeline that morning."

    ---

    You're only confused because you're too sober to contort your logic to follow along with the prosecution's version of events. It's a lot easier to believe in magic and improbably amazing human feats when you're under the influence.

    The defense wants you to believe that Brad went to the store about 6:20 that morning to get milk. He returns home, only to be sent back to get laundry detergent. On the way, Nancy calls him to also pick up juice. Seconds later, he does as he was told, he returns home, Nancy leaves out to go running, never to return again. Phone records and store records corroborate.

    And then there's the prosecutions' theory that's giving every body a headache.

  • _kommon_sense_ Mar 28, 2011

    I found this:
    12:25 a.m. – Brad Cooper says in his deposition that he is sleeping with his daughters when he hears his wife come home.
    6:22 a.m. to 6:25 a.m. – Brad Cooper is recorded on surveillance video inside the Harris Teeter at Crescent Commons Shopping Center, 2080 Kildaire Farm Road in Cary, buying milk. (Read more about the surveillance video.)
    6:30 a.m. – Brad Cooper says in his deposition that he returns home and leaves shortly thereafter to go buy laundry detergent.
    Around 6:40 a.m. – Nancy Cooper calls Brad Cooper on his cell phone from home, he says in his deposition, and she asks him to buy juice.
    6:41 a.m. to 6:44 a.m. – Surveillance video from the same Harris Teeter records Brad Cooper purchasing Tide and Green Machine Naked Juice.
    7 a.m. – Nancy Cooper goes jogging, according to a July 23, 2008, affidavit of Brad Cooper. 1:50 p.m. – Jessica Adam calls 911, expressing concern that she hasn’t heard from Nancy Cooper and that she is worried something migh

  • anastasia Mar 28, 2011

    so, when does the phone call come into play?
    golorealist
    -------

    You will have to watch closely for the exact times the phone call is listed, for a couple reasons. one, Brad claims he was at the corner of IIRC, Kildare & Tryon, not completely sure cause I'm not familiar with Cary, but I think those were the two roads I heard, when the call from nancy to 'pick up green juice' came through. The prosecution claims that was a generated call, a call Brad made through the home phone, to his cell. Regardless of whether you believe that or not, the timing of the call is important because of where Brad places himself, the corners, when he answers it. Secondly, do the times correspond with Brad having had the ability to return home, fix Katies bottle, argue with Nancy, etc. and still get back to the check-out line at HT for the second, timed video view. Hence the nature of circumstantial evidence. One really has to pay attention closely to every little thing.

  • allovertheplace Mar 28, 2011

    new article is up

  • nsimpter Mar 28, 2011

    I agree with you @stevennc..... I'm just trying to piece together what the pros. is trying to say with this evidence.

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