State v. Bradley Cooper 5-2-2011

[RaleighNative]

MY comment was in reference to 'closing arguments'. Not the case in chief & rebuttal. The state has the right to two closing arguments, defense one. It usually goes, state, defense, state. Apparently the state is opting for one closing, so the defense will go first, then the state having the final word.

Thanks gracielee, that clears things up for me. I was confused by JG stating the defense would present their closing argument first.

 

[Bottle Cap]

I have a sneaking suspicion that when this is all over, should there be a NG verdict, a certain someone is going to be reading all this and snickering smugly to himself at all the people who are so very ready to defend his honor. In true psychopath style, he'll view everyone as quite gullible and not nearly as smart as he is.

 

[gracielee]

My understanding is that it would be an error in law for him not to include 2nd degree if it was his opinion that the state did not successfully argue 1st degre. He was citing all sorts of case law and maybe I missed a detail, but that's what I took away from it.

No, what the judge said was 'a juror or jurors *could* be of the opinion that it was a second degree murder. By not allowing that possible verdict to be found would be an error in law. If the judge himself did NOT believe there was evidence presented to warrant a first degree charge, he would not have allowed that possiblity, that too would be an error. The judge, by so allowing the first degree charge to stand, obviously agrees evidence was presented that could be interpreted as such by one or more jurors.

 

[RaleighNative]

I believe BC did something himself to that phone. Either on purpose or by accident, but I believe the phone was compromised in some way even before McDreamy started inputting the wrong password, as instructed by the AT&T rep. I do not see any reason CPD would have wanted that phone to not give them any evidence. They wanted the info from that phone for their investigation. I think it was a f*up that it got wiped...perhaps helped by one BC.

Further, as of the day of arrest, CPD didn't have any info from NC's phone, so that phone didn't appear to factor into the decision to move forward with an arrest and indictment either.

Fair enough, that explains your belief behind the deletion of the actual phone data was not a result of corruption.

At the time, I also thought it was extremely inept, but not corrupt.

But this still does not explain the SIM card deletion....

 

[sunshine05]

That makes the Google search even more improbable as a planted piece of evidence. BC gets arrested Oct 27 '08. FBI hasn't even looked at his computer yet. What if the FBI never found the Google search? BC was arrested. The state (obviously) thought they had enough evidence to bring the case to trial. The Google search came up much later. The case wasn't dependent upon the Google search.

And how did they find it, a month before trial? Did someone direct them to something specific? We missed that testimony so I have no idea how, years into this they came across it right in time for the trial. I would love to hear more about how it was found and why it took so long since they had to have done searches on those specific dates when they first got the computer.

 

[less0305]

It occurs to me as people point to CPD and say they did a horrible job, are inept, incompetent, etc, etc, that the DA allowed the case to go forward with an arrest after agreeing to take the case to the grand jury, 3 months after the murder. Contrast that with the Jason Young case, in which this same DA made the PD go back and do more investigating/digging and waiting for more evidence, for 3 years!

I always figured it had to do with the fact that he could up and go back to Canada easily or France. My second thought was that after he lost custody they thought the suicide threats might have become reality and therefore went forward quicker than they would have liked. Jason Young wasn't going anywhere but them there hills with mamma and he sure ain't 'bout to kill himself cuz he luvs himself too much.

 

[sunshine05]

Fair enough, that explains your belief behind the deletion of the actual phone data was not a result of corruption.

At the time, I also thought it was extremely inept, but not corrupt.

But this still does not explain the SIM card deletion....

Plus, that is precisely why defense had Levitan document exactly what Young did to the phone on video to duplicate it and they did duplicate it.

He also said that in ten years doing this, he has never seen a phone completely destroyed like that.

And where is the fax from AT&T with the puc code and instructions? They only give that in writing, so where is it?

 

[Madeleine74]

But forget about the phone for a minute. Phone does not equal Google search no matter how much people would like to link the two.

McDreamy tried to unlock the phone. McDreamy did not touch that IBM laptop. Period. End of comparison.

Conspiracy theories abound with wild neighborhood wifi hackers getting into BC network, Kurtz initially claiming BC gave out his network password (hey, NO EVIDENCE of that!), CPD 'planting' something or 'changing' files. Those are some of the wild conspiracy theories that are laughable. I bet the FBI just rolled their eyes at those allegations too. Perhaps they shouldn't have dismissed it, but they testified they didn't see evidence of planting and I certainly don't see where they would put themselves on the line to protect some cop in Cary.

I think the defense spun a lot of scenarios and I think lots of people are ripe for the picking when it comes to believing scenarios. The mere possibility being suggested gets imaginations spinning.

 

[less0305]

I have a sneaking suspicion that when this is all over, should there be a NG verdict, a certain someone is going to be reading all this and snickering smugly to himself at all the people who are so very ready to defend his honor. In true psychopath style, he'll view everyone as quite gullible and not nearly as smart as he is.

Oh, you said a mouthful there!!! And if BC walks out of that courtroom it would not surprise me one iota if in years down the road we don't see a second wife go missing and/or die under mysterious and coincidental circumstances - ala Peterson style (x2) - and the other dude from N.C. (wish I could remember his name - I'm going to look it up).

 

[sunshine05]

At least the State offered up an explanation for the phone, the guy sat up there and took it like a man.

If I were an innocent defendent, I'd be on the stand too, telling the jury exactly where that router went and when. How the ducks got in a box. Where the shoes are, and what I was doing on my phone. I'd have an explanation for it if I were innocent and come what may, I'd be saying what it was no matter what got thrown at me in cross.

He already did, the 6 hour interrogation from Stubbs, remember?

 

[gracielee]

Sorry gracielee, you are wrong here. The prosecution and defense both put forth 1st and ng. The judge added 2nd degree. Later, the judge stated that the objections (plural) were noted. Coomings stood up and pointed out to Gessner that he had said "objections" (again, plural), but that the state doesn't object to 2nd degree.

Okay, I'm missing what I said wrong? I said both defense and prosecution originally wanted first degree murder or not guilty. my response was in regards to people saying the prosectuion did not believe in it's case. I said 'yes they did believe in their case.' They asked for first degree murder or not guilty. They did not ask for a finding of second degree. That they didn't object to the judges final decision, IMO doesn't say they didn't believe in their case. the defense objected for the purpose of future appeals. The prosecution doesn't have the appeals process in it's goal.

 

[BrownRice]

When my husband came home from work tonight I warned him I would be on "verdict watch" for my BC case - just so he was on notice. His response - "Ok, what does that mean for our family?" I explained I would be performing a minimal amount of duties and be unable to leave the house for most things. :great:

 

[sunshine05]

I have a sneaking suspicion that when this is all over, should there be a NG verdict, a certain someone is going to be reading all this and snickering smugly to himself at all the people who are so very ready to defend his honor. In true psychopath style, he'll view everyone as quite gullible and not nearly as smart as he is.

OR one could read here in sheer amazement at the number of people ready to lock him up and throw away the key with no evidence. Scary.

 

[gracielee]

Gee NCSU you forgot the one potato, two potato, WS theory of affairs.

One encounter naked on a couch = No affairs
two encounters, one in a closet and one in a car = Major affair

:floorlaugh:

I believe you've forgotten that Brad professed to *love* HM. Still in Jan. 08, Brad told Nancy he was in love with HM.

 

[WolfpackWoman]

That makes the Google search even more improbable as a planted piece of evidence. BC gets arrested Oct 27 '08. FBI hasn't even looked at his computer yet. What if the FBI never found the Google search? BC was arrested. The state (obviously) thought they had enough evidence to bring the case to trial. The Google search came up much later. The case wasn't dependent upon the Google search.

Actually, the FBI started looking at the computers end of July through August. And I'm fairly certain FBI did the test to "re-enact" the google search that Masucci testified to in September of 2008. So, I think they knew about the map before then.

 

[cody100]

Hate to tell you this but you'll be told that the Grand Jury is a joke and a farce and incompetent and crooked and a boatload of other stuff. It goes along with the conspiracy theories and I got slapped down when I brought up the same thing. I'm sorry, I believe in our justice system and in the grand jury, but others will be glad to tell you how wrong the grand jury is.

P.S. See.

No conspiracy theory with the Grand Jury. But, the proof required for the Grand Jury is far less than in regular court. That seems to be fairly well known and not just my opinion.

 

[less0305]

Boczkowski - I knew I would find it!!!

http://www.aoc.state.nc.us/www/public/coa/opinions/1998/971102-1.htm

 

[RaleighNative]

Plus, that is precisely why defense had Levitan document exactly what Young did to the phone on video to duplicate it and they did duplicate it.

He also said that in ten years doing this, he has never seen a phone completely destroyed like that.

And where is the fax from AT&T with the puc code and instructions? They only give that in writing, so where is it?

Thank you. I asked my husband how you can accidentally completely delete a SIM card (for the record, my hubby had no idea why I was asking and has no idea this case is even taking place).

My husband, who has worked in the mobile industry for over a decade, did not understand my question. His response was "it can't accidentally be wiped out". He said you could "take a sledgehammer to it", but that wasn't the case here. No sledgehammer, no dropping in a bucket of water, etc.

And BC worked in VoIP, not mobile.

 

[RaleighNative]

I always figured it had to do with the fact that he could up and go back to Canada easily or France. My second thought was that after he lost custody they thought the suicide threats might have become reality and therefore went forward quicker than they would have liked. Jason Young wasn't going anywhere but them there hills with mamma and he sure ain't 'bout to kill himself cuz he luvs himself too much.

We're on opposite sides of the fence, so we don't agree on much. However, that's the best explanation I've heard for the DA making a quick arrest.

 

[DogWood]

If Brad specifically washed the dress (and he said he did to get out a stain of wine), then why don't people think it's suspicious that he suddenly couldn't remember the dress and then, magically, did remember the dress the next day or so? Brad himself placed importance on this dress by bringing it up when asked what Nancy wore to the party. He could have said "I dunno, don't remember." But he didn't. He went to to tell a story about that dress.

Another thing has bothered me ever since we saw the video of NC at HT.

Brad told Det. Young that she was wearing a blue dress with thin straps. Then his story changed to a black dress.

They searched that house high and low looking for a blue or black dress on July 12th and one was never found.

What happened to the black dress NC was seen wearing in the HT video?

In the landfill with the $11,000 router?