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Court denies move to delay Brad Cooper's murder trial

The North Carolina Court of Appeals late Thursday dismissed a move to delay the trial of a Cary man accused of killing his wife, but the court hasn't yet ruled on a claim by defense attorneys that they haven't been given access to some evidence.

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RALEIGH, N.C. — The North Carolina Court of Appeals late Thursday denied a request from defense attorneys to delay the trial for a Cary man accused of killing his wife 2½ years ago.

The appeals court, though, still has to consider a claim from Brad Cooper's defense lawyers that they haven't seen all the evidence they need to prepare for his first-degree murder trial in the death of Nancy Cooper.

Jury selection in the high-profile case is slated to begin Feb. 28.

On Wednesday, Cooper's attorneys asked the appeals court to review a ruling on access to evidence that Superior Court Judge Paul Gessner made earlier this month.

The appeals court is waiting to rule on the request for access to evidence until prosecutors respond to the petition. They have until Wednesday to respond.

An attorney not involved in the case described the defense team's petition as a rare and drastic tactical move.

Cooper told investigators that his wife went jogging on the morning of July 12, 2008, and never returned home. Her body was found two days later about 3 miles from the couple’s home. An autopsy determined that she had likely been strangled.

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