Opening Statements

[jmflu]

For #1, isn't it possible she had more than 1 pair of running shoes? I certainly do.

I don't know how much clearer SG could have stated it. Even if Nancy had owned 100 pairs of running shoes, all of them were found to be in their place, none missing, none found on her feet or anywhere near her person.

Nancy never went jogging without her shoes.

If all of Nancy's shoes were accounted for, and none were found on her feet or nearby (because they were all at home) and Nancy never went jogging without her shoes, then I believe Brad Cooper was mistaken when he said his wife went jogging the day of her disappearance.

 

[BrownRice]

I don't know how much clearer SG could have stated it. Even if Nancy had owned 100 pairs of running shoes, all of them were found to be in their place, none missing, none found on her feet or anywhere near her person.

Nancy never went jogging without her shoes.

If all of Nancy's shoes were accounted for, and none were found on her feet or nearby (because they were all at home) and Nancy never went jogging without her shoes, then I believe Brad Cooper was mistaken when he said his wife went jogging the day of her disappearance.

That's not necessarily true. Didn't the records show there were 2 Asics shoes (both left or both right) without pairs? So the other pairs were missing. Maybe BC put them on her (2 left shoes) and then got to the site and realized they were the same shoe and discarded them? Maybe they were found on her feet and the hasn't publicized yet?

 

[Just the Fax]

That's not necessarily true. Didn't the records show there were 2 Asics shoes (both left or both right) without pairs? So the other pairs were missing. Maybe BC put them on her (2 left shoes) and then got to the site and realized they were the same shoe and discarded them? Maybe they were found on her feet and the hasn't publicized yet?

Blue Saucony or mismatched Asics? The point I see is she was found w/o underwear, shorts, shoes or socks, yet the killer didn't bother to remove her sports bra????
Appears staged to me.

 

[BrownRice]

Appears staged to me as well, since wasn't the sports bra on inside out?

 

[Just the Fax]

Appears staged to me as well, since wasn't the sports bra on inside out?

They described it as "pulled up"....I assume over her breasts.

 

[SleuthyGal]

The prosecution made a point of clarifying with the deputy sheriff that the sports bra/top was rolled (up or down I don't recall). He specifically used the word 'rolled.'

 

[SleuthyGal]

I'm listening to the defense opening part 1 where Kurtz talks about Brad leaves the house to go to the store but he can't find his cell phone so he uses the house phone to call his cell so he can locate it.

It's 6:15am. He only needs to go to the store for milk. Maybe a 10 - 15 min trip altogether. Why would he HAVE to have his cell phone for a quick run to the store? He's coming right back home (according to the defense). Who does he need to call or talk to at 6:15am on a Saturday morning?

And yes, I understand lots of people want to have their cell phones with them at all times, but would you never make a quick run to the grocery to get something if you needed it that early? I certainly would (and have). Didn't bother taking my cell phone off the charger or...put it down someplace, wasn't sure where it was at the moment and ran my errand and got it when I came right back.

 

[Just the Fax]

I'm listening to the defense opening part 1 where Kurtz talks about Brad leaves the house to go to the store but he can't find his cell phone so he uses the house phone to call his cell so he can locate it.

It's 6:15am. He only needs to go to the store for milk. Maybe a 10 - 15 min trip altogether. Why would he HAVE to have his cell phone for a quick run to the store? He's coming right back home (according to the defense). Who does he need to call or talk to at 6:15am on a Saturday morning?

And yes, I understand lots of people want to have their cell phones with them at all times, but would you never make a quick run to the grocery to get something if you needed it that early? I certainly would (and have). Didn't bother taking my cell phone off the charger or...put it down someplace, wasn't sure where it was at the moment and ran my errand and got it when I came right back.

Great point. If I made a similar quick trip to the HT, I might grab my cell out of habit, but making a special effort to find it and take it ...no. Also, Kurtz said he used the phone to check his voice mail while out that very early Saturday AM. Really? He was home after 8PM Friday night and could have easily checked his VM then. I am hoping the state will have compelling evidence when they get to the VOIP phone expert.

 

[johnfear]

Great point. If I made a similar quick trip to the HT, I might grab my cell out of habit, but making a special effort to find it and take it ...no. Also, Kurtz said he used the phone to check his voice mail while out that very early Saturday AM. Really? He was home after 8PM Friday night and could have easily checked his VM then. I am hoping the state will have compelling evidence when they get to the VOIP phone expert.

You could always (sans Spoof Proof) argue he was the same as Nancy, hiding the phone on his person and was concerned maybe she was going through it.

She was hiding docs in the car. He was hiding bank account and credit card information. Not much here without the proof a Spoof Account/Program/Pin.

I am interested in the second earring, though. Wonder if they found it in the house?

 

[carolinalady]

Great point. If I made a similar quick trip to the HT, I might grab my cell out of habit, but making a special effort to find it and take it ...no. Also, Kurtz said he used the phone to check his voice mail while out that very early Saturday AM. Really? He was home after 8PM Friday night and could have easily checked his VM then. I am hoping the state will have compelling evidence when they get to the VOIP phone expert.

I haven't listed to the entire defense statement. Did Kurtz say he checked his work VM? If it was his cell phone VM, seems logical to check it if the message waiting indicator is on.

 

[SleuthyGal]

Kurtz didn't specify exactly which VM system he checked, just that he checked his VM from his cell phone.

 

[Just the Fax]

I haven't listed to the entire defense statement. Did Kurtz say he checked his work VM? If it was his cell phone VM, seems logical to check it if the message waiting indicator is on.

He just said "he checked his VM".
Who would have called him (business or pleasure) if he missed the call Friday night? He was back home after 8PM Friday and could have easily checked his VM then . Of course, the DA has the phone records, so we will find out every little detail (probably more than we want to know) about the Samsung cell, the home VTECH and the Cisco VOIP system.

 

[SleuthyGal]

Frankly, it wouldn't occur to me to worry about having my cell phone on me early in the morning for a quick errand. It just wouldn't be something I'd concentrate on. I'd be all about getting that quick errand done and then get on with my day.

UNLESS I knew I'd be driving out and about after that errand and would need my phone because I wouldn't be back to the house for some period of time, I wouldn't stop my momentum in getting the quick errand done. And yes, that's me, and I do realize other people are different.

But at 6:15am on a Sat morning you're really NOT going to call anyone else nor are you going to expect anyone else to call you (unless there was an emergency). There is no way Brad took his cell phone so that he'd have it in case Nancy wanted to add items to his list en route. No. Way. These two were not communicating.

Brad needed his cell phone because he was going to create (or attempt to create) a phone-based alibi and try to show that Nancy was still alive back at the house.

The defense is doing a lot of preemptive explaining about Brad's exact actions---going to the car, not having his cell phone, going back to get the cell phone, can't find the cell phone, calling his phone from the house phone to find it...frankly in the time he did all that he could have been at least halfway to HT!

 

[carolinalady]

He just said "he checked his VM".
Who would have called him (business or pleasure) if he missed the call Friday night? He was back home after 8PM Friday and could have easily checked his VM then . Of course, the DA has the phone records, so we will find out every little detail (probably more than we want to know) about the Samsung cell, the home VTECH and the Cisco VOIP system.

Do you never miss calls on your cell phone? I do all the time. If my phone is out of battery and on the charger or if it's buried in the bottom of my purse. I miss calls during the day and yes, I miss calls in the night from people in other time zones or people in the same time zone that call me after I've gone to bed. I just don't see the act itself as strange.

 

[Just the Fax]

Do you never miss calls on your cell phone? I do all the time. If my phone is out of battery and on the charger or if it's buried in the bottom of my purse. I miss calls during the day and yes, I miss calls in the night from people in other time zones or people in the same time zone that call me after I've gone to bed. I just don't see the act itself as strange.

Yes, I often 'miss' cell calls, but I also check my VM as soon as I have the chance. Guess we will need to wait to see what the phone records (who in fact called him) and phone experts say.

 

[carolinalady]

Frankly, it wouldn't occur to me to worry about having my cell phone on me early in the morning for a quick errand. It just wouldn't be something I'd concentrate on. I'd be all about getting that quick errand done and then get on with my day.

UNLESS I knew I'd be driving out and about after that errand and would need my phone because I wouldn't be back to the house for some period of time, I wouldn't stop my momentum in getting the quick errand done. And yes, that's me, and I do realize other people are different.

But at 6:15am on a Sat morning you're really NOT going to call anyone else nor are you going to expect anyone else to call you (unless there was an emergency). There is no way Brad took his cell phone so that he'd have it in case Nancy wanted to add items to his list en route. No. Way. These two were not communicating.

Brad needed his cell phone because he was going to create (or attempt to create) a phone-based alibi and try to show that Nancy was still alive back at the house.

The defense is doing a lot of preemptive explaining about Brad's exact actions---going to the car, not having his cell phone, going back to get the cell phone, can't find the cell phone, calling his phone from the house phone to find it...frankly in the time he did all that he could have been at least halfway to HT!

Now, I'm one who takes my phone EVERYWHERE with me. Yes, I would take the time to call my cell phone (and have) even very early in the morning for a quick run out to the store for milk. Granted, my thought process at that point is I wouldn't want to run out of gas, get a flat tire, etc. and not be able to get in touch with someone to help me.

 

[carolinalady]

Yes, I often 'miss' cell calls, but I also check my VM as soon as I have the chance. Guess we will need to wait to see what the phone records (who in fact called him) and phone experts say.

To me, that would be as soon as he's had a chance to check them. He's just "located" his phone and notices that he has a message on it.

 

[SleuthyGal]

My VM calls get transcribed and sent to me via email so I don't even have to call into my VM to check them (though I can if I want to).

FYI, VOIP systems (esp good systems) have this capability.

I use Google Voice as my main number and it will ring any or all of my phones at the same time. I can program which phone rings depending on the caller, or group, or can turn off all ringing for a certain period of time.

I have a VOIP system at home. Not Cisco. But we have a Cisco VOIP system at work and it too transcribes voice messages and will send them to the user via email (or SMS text).

 

[Cheyenne130]

The store must be pretty close to their house. He walked out of HT at 6:25 a.m. with the milk and walked back in at 6:42 to get the detergent and juice.

 

[Just the Fax]

To me, that would be as soon as he's had a chance to check them. He's just "located" his phone and notices that he has a message on it.

Maybe? Like I said, i'm sure we will find out many details about all 3 phones.
Like SG said, making such an effort to track down the phone before a quick trip to pick up milk seems very suspect. I think we will find out that was a 'test' from the VOIP to the cell before his trip to the store.