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  1. #31
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    Quote Originally Posted by gracielee View Post
    I disagree. If BC cops a plea it seals his guilt IMO. He's got nothing to lose going to trial again. He's entitled to a public defender, it will cost him nothing but his time, and he's got plenty of that. He's already been sentenced to the highest punishment. A second trial is a win/win for BC, *unless* he knows the evidence against him. Everything, every keystroke, leaves a footprint somewhere. And BC knows the skill set of his former co-workers. He's guilty, he's been proven guilty once, and his only shot at getting out of prison is copping a plea.
    Nothing to lose? 7 years versus the rest of your life is plenty to lose. The google search is damning evidence. If the defense can't show beyond a reasonable doubt that it was planted, then he would likely be found guilty again. Even if it was planted, proving it was planted is not an easy task. Again, I don't like 2nd degree because it is either NG or murder 1 for this case....2nd degree doesn't fit the crime. But I understand why he would accept it.

  2. #32
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    Quote Originally Posted by ncsu95 View Post
    Nothing to lose? 7 years versus the rest of your life is plenty to lose. The google search is damning evidence. If the defense can't show beyond a reasonable doubt that it was planted, then he would likely be found guilty again. Even if it was planted, proving it was planted is not an easy task. Again, I don't like 2nd degree because it is either NG or murder 1 for this case....2nd degree doesn't fit the crime. But I understand why he would accept it.
    He also has plenty to lose taking a plea. At that point he is a guilty man, and he will never gain access to his kids, will probably be destitute for a long time, and will have the shadow of the guilty plea hanging over him for life. Which is why I say that I wouldn't take a plea if I was innocent. I still find it shocking that he could be guilty based on the evidence, but a guilty plea would make me believe he is guilty, even if he didn't do it.

  3. #33
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    Instead of wondering if Brad accepts the deal, shouldn't the bigger question be, why is the state offering one?
    Why would they allow someone they were able to convict of first degree murder before, a chance to walk after serving a certain amount of time, whatever that time may be.
    And, what about Nancy's family? Why do they feel they would get closure from a plea deal, knowing someday Brad will be free and able to contact his children? There are going to be legal channels he may have access to , or the girls may grow up and decide they want to see him on their own...
    I must be missing something , because on one side, if he accepts the plea, he must be guilty, but what does this say for the state's confidence in not wanting to try him again?

  4. #34
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    Madeleine74 is offline Of course it's my opinion; who else's would it be?
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    And the even bigger question is, did Brad's attorneys tell Brad there was a plea deal on the table at the point back in the first trial, after the Google search but before the trial was given to jurors? Attorneys are legally obligated to present any possible plea even if they consider it ridiculous. Did Brad know back then or did he just recently find out?

    IF Brad takes the plea and it's guilty of second degree murder, then he is admitting to the killing. That's a confession by the defendant, not coerced or obtained illegally. Brad can take a plea or say fuhgetaboutit and keep going and have a trial. He has experts who will testify on his behalf and there's no way any judge is going to block that given the ruling by the circuit court from his appeal.

  5. #35
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    Exclamation CBC Article

    http://www.cbc.ca/news/canada/edmont...wife-1.2760923

    The district attorney in the case told CBC News on Tuesday that the possibility of a plea deal was raised recently in court with with Cooper’s lawyer.
    Life is what happens to you while you're busy making other plans - John Lennon

  6. #36
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    Quote Originally Posted by oenophile View Post
    He also has plenty to lose taking a plea. At that point he is a guilty man, and he will never gain access to his kids, will probably be destitute for a long time, and will have the shadow of the guilty plea hanging over him for life. Which is why I say that I wouldn't take a plea if I was innocent. I still find it shocking that he could be guilty based on the evidence, but a guilty plea would make me believe he is guilty, even if he didn't do it.
    But , the difference could be a jailed felon rather than an ex-felon who could start to put his life back together with the help of his family and friends.
    The difference is being locked up forever. You have to look at it like this if people want it to be all or nothing. If a deal makes the state happy that they got partial justice for the victim, and the defense sees it as a victory for their client, I see it as a win-win for everyone, on both sides, everyone here included, who have argued this case for years.
    NC's parents seem to have come to terms that this is what is going to happen. I will be shocked if it doesn't go down this way...This plea has been in the making for a long time, it has only recently become public. imo.

  7. #37
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    Quote Originally Posted by Madeleine74 View Post
    And the even bigger question is, did Brad's attorneys tell Brad there was a plea deal on the table at the point back in the first trial, after the Google search but before the trial was given to jurors? Attorneys are legally obligated to present any possible plea even if they consider it ridiculous. Did Brad know back then or did he just recently find out?

    IF Brad takes the plea and it's guilty of second degree murder, then he is admitting to the killing. That's a confession by the defendant, not coerced or obtained illegally. Brad can take a plea or say fuhgetaboutit and keep going and have a trial. He has experts who will testify on his behalf and there's no way any judge is going to block that given the ruling by the circuit court from his appeal.
    I am not a legal expert by any stretch of the imagination, even my own, but I think if a plea had been offered to a defendant at any time, the defense would be obligated to share that information with their client.

    Brad can admit, under the circumstances, that he is guilty, but it won't change the opinion of those who stand by him, I guess. It will be more of a mandatory formality that is required than anything else.

    Besides, we don't know what it is like to have spent all that time in prison, and if this is his way out, then thats just part of it.

  8. #38
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    Quote Originally Posted by Hez View Post
    http://www.cbc.ca/news/canada/edmont...wife-1.2760923

    The district attorney in the case told CBC News on Tuesday that the possibility of a plea deal was raised recently in court with with Cooper’s lawyer.

    Thank you, this article says that the DA in the case has confirmed that there is a possibility of a plea deal........this makes it more legit now.

  9. #39
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    Madeleine74 is offline Of course it's my opinion; who else's would it be?
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    This was shown on video in the last hearing. Cummings stood up and told the judge that the plea deal that was available to Brad in 2011, before the case was given to the jury to deliberate, was still on the table and available for him. The judge reiterated this to make sure it was clear and he understood this correctly. That video is available on WRAL.

    Brad's attorneys would have been obligated to tell him in 2011, but I don't know if he (Brad) was informed such a deal was possible or not. If not, that could spell trouble for any defense attorney on Brad's team who refused to tell Brad.

  10. #40
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    Quote Originally Posted by Madeleine74 View Post
    This was shown on video in the last hearing. Cummings stood up and told the judge that the plea deal that was available to Brad in 2011, before the case was given to the jury to deliberate, was still on the table and available for him. The judge reiterated this to make sure it was clear and he understood this correctly. That video is available on WRAL.

    Brad's attorneys would have been obligated to tell him in 2011, but I don't know if he (Brad) was informed such a deal was possible or not. If not, that could spell trouble for any defense attorney on Brad's team who refused to tell Brad.
    I know, we were here when it happened and the video was posted here. Why would Brad's attorneys try to keep any plea deal a secret from Brad at any time, I am not understanding you.


  11. #41
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    Madeleine74 is offline Of course it's my opinion; who else's would it be?
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    For those who did not get a chance to see the prior hearing (held August 14, 2014) here it is:

    http://abc11.com/news/judge-holds-re...-cases/260331/

  12. #42
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    Madeleine74 is offline Of course it's my opinion; who else's would it be?
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    I think the only way some could possibly be convinced of Brad's guilt would require a video of Brad committing the murder.

    IF Brad takes a plea for second degree, stands up in court, and admits guilt, it will be argued he has no choice and he's just trying to save the rest of his life and is willing to sacrifice the next 7 to 10 years in state prison for that. (I'm not saying it makes sense, that's just the rationalization that will be used by some). Brad is not going to stand up and admit guilt for a first degree conviction; he would at least take his chances with a trial.

    OR IF Brad turns down the plea deal and instead allows the case to go to trial #2 and then IF another jury concludes that Brad is guilty of killing his wife, with all evidence allowed in, and a jury of 12 still convicts him, some will argue that is "unfair" and "corrupt," regardless of the evidence. (Note, not all will say or believe that, but some will).

    Thus, for some subset of people, there is no way Brad's guilt could ever be proven to them given the options available, not even by Brad saying the word, "guilty." There would have to be something so damning that it could not be rationalized (like a video that is determined to be authentic and shows him in the act, as one example).

    And no, Oenophile, I am not including you in any subset. You've stated several times what would have you conclude guilt.

  13. #43
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    Quote Originally Posted by Madeleine74 View Post
    I think the only way some could possibly be convinced of Brad's guilt would require a video of Brad committing the murder.

    IF Brad takes a plea for second degree, stands up in court, and admits guilt, it will be argued he has no choice and he's just trying to save the rest of his life and is willing to sacrifice the next 7 to 10 years in state prison for that. (I'm not saying it makes sense, that's just the rationalization that will be used by some). Brad is not going to stand up and admit guilt for a first degree conviction; he would at least take his chances with a trial.

    OR IF Brad turns down the plea deal and instead allows the case to go to trial #2 and then IF another jury concludes that Brad is guilty of killing his wife, with all evidence allowed in, and a jury of 12 still convicts him, some will argue that is "unfair" and "corrupt," regardless of the evidence. (Note, not all will say or believe that, but some will).

    Thus, for some subset of people, there is no way Brad's guilt could ever be proven to them given the options available, not even by Brad saying the word, "guilty."
    I don't need a video,but, just when I was going to say the tone of the forum has been so much better lately and both sides have calmed down, why do you need to call one side out over the other?. People are entitled to their opinions..... a plea deal isn't going to change anything (guilt vs. innocence ) except the amount of time Brad serves.....

    Also, could you please tell me why you think attorneys would hide a plea deal from their client?
    JMO.

  14. #44
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    Brad has a shot at acquittal. Full on freedom and no legal guilt whatsoever (except what remains in people's minds). His attorneys from trial 1 said if a jury got to hear all the computer evidence, including what their own experts had to say, a jury would (have to) acquit him. Brad has that opportunity, the one his attorneys wanted him to have and that all those who saw an unfair trial want him to have. It's his, 100% guaranteed. The state can not stop him from going forward and having that trial. A judge would allow him to present all the computer experts he wants. That's a pretty big advantage, if one agrees with what Brad's defense team said after the trial. It's what was asked for, wished for, and now is his. The ball is totally in his control with that.

  15. #45
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    Retrials favor the state.....we saw that in the Young case, who I bet, is following this news very closely.....
    Raven is offered a plea, Cooper is offered a plea.........will a plea also be coming Jason's way after the court hears the appeal argument?

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