Colon Willoughby and Jim Cooney weigh in on why murder cases take so long

[Skittles]

One year after Eve Carson's death the N & O talks to Colon Willoughby and Charlotte trial attorney Jim Cooney about why murder cases drag on for so long.

http://www.newsobserver.com/news/story/1433371.html

 

[raisincharlie]

One year after Eve Carson's death the N & O talks to Colon Willoughby and Charlotte trial attorney Jim Cooney about why murder cases drag on for so long.

http://www.newsobserver.com/news/story/1433371.html

Thanks Skittles - very interesting. The DA hasn't gone for the DP against the jailed one - wonder why since this article seems to imply it is routine to do so. Hmmmm.

Hope you are well !

 

[SleuthyGal]

Thanks for the article, Skittles!

I was just logging on to see if anyone was around and to send a hello to RC! (Hey RC!)

I miss chatting with you folks a lot and I wish there were something happening on this case so we could discuss. I haven't started following any other cases (just this one and the M. Young case).

I'm off to read the article. BTW, our own NBC17 local reporter ChrisC is on Twitter so I follow his stuff there, but he's been off writing about other news items in the area.

 

[SleuthyGal]

The DA hasn't gone for the DP against the jailed one - wonder why since this article seems to imply it is routine to do so.

Ah yes, the $64K question. Perhaps because he was/is a Canadian citizen gives them some pause, along with the fact that he had no prior crimes, and has 2 small children. I suspect all those things had bearing on this decision. Maybe in conversations with the Rentz family the DA learned that the family would be fine with no DP being part of the deal (perhaps that was their preference)? Or maybe the DA thought they simply could not get a DP sentence based on the merits of the case and figured it was better not to try for it. The mystery of the Willoughby!

 

[raisincharlie]

Ah yes, the $64K question. Perhaps because he was/is a Canadian citizen gives them some pause, along with the fact that he had no prior crimes, and has 2 small children. I suspect all those things had bearing on this decision. Maybe in conversations with the Rentz family the DA learned that the family would be fine with no DP being part of the deal (perhaps that was their preference)? Or maybe the DA thought they simply could not get a DP sentence based on the merits of the case and figured it was better not to try for it. The mystery of the Willoughby!

Hello Sleuthy Gal ! Hope you are well and yes I sure do wish we would start getting information on proceedings in the case against Mr. Cooper, the jailed one. Must be a lot of stuff involved, last we heard, BC had requested another lawyer to assist going through it all in preparation for trial. (Code for figuring ways to delay - two defense team heads better than one for inventing excuses)

:laugh: :laugh: :laugh:

"The mystery of the Willoughby"

Sure can't figure the guy for sure, has shown a ton of information in probable cause sections of warrants in the Michelle Young case against the Slayer but still no arrest. Wish the Willoughby was a bit more along the lines of Judge Sasser, who refuses to ignore elephants ! It will be interesting to see if DA Willoughby will pursue the DP against JY. I will be very surprised if not.

Have been thinking about Nancy quite a bit lately - remembering the time line.

Hope all of you are well !!!

 

[Skittles]

Hey RC and SG! Glad to hear from you both. It's tough waiting for Willoughby to take action, and I didn't even know Nancy. Can't imagine what it's like for her friends and family.

 

[raisincharlie]

Hey RC and SG! Glad to hear from you both. It's tough waiting for Willoughby to take action, and I didn't even know Nancy. Can't imagine what it's like for her friends and family.

It has to be very tough for them but at least the alledged criminal remains in jail, a small comfort there at least. Hopefully the little ones are doing well.

Given Kurtz & Blooms track record before BC was arrested, I have to say I am a tad surprised they haven't made a ton of motions already. Very surprised they have not attempted to even revisit the issue of bond - the judge gave them the opportunity to do so during the last appearance. Guess no one wants to risk putting up the money to get him out of jail. Perhaps soon.

 

[raisincharlie]

I see you are on it Skittles - re: your post today in the media thread.

Note there will be a permanent custody hearing in June !

 

[SleuthyGal]

Very surprised they have not attempted to even revisit the issue of bond - the judge gave them the opportunity to do so during the last appearance. Guess no one wants to risk putting up the money to get him out of jail. Perhaps soon.

Hey RC! According to what was in the myNC.com article 3 weeks ago, "At a trial status update hearing Thursday, Judge Donald Stephens opted not to revisit the bond issue, and Cooper's attorney decided not to ask him to; had attorney Howard Kurtz made that request, some of the state's evidence would have been made public.".... "The state has provided some 40 compact discs worth of discovery to the defense."

They sure don't want the public to know what evidence exists on those 40 CDs pointing to their client ahead of the trial, that's for sure! Strategic move. He's stays :behindbar for now rather than risk people knowing what the state has on him.

 

[raisincharlie]

Hey RC! According to what was in the myNC.com article 3 weeks ago, "At a trial status update hearing Thursday, Judge Donald Stephens opted not to revisit the bond issue, and Cooper's attorney decided not to ask him to; had attorney Howard Kurtz made that request, some of the state's evidence would have been made public.".... "The state has provided some 40 compact discs worth of discovery to the defense."

They sure don't want the public to know what evidence exists on those 40 CDs pointing to their client ahead of the trial, that's for sure! Strategic move. He's stays :behindbar for now rather than risk people knowing what the state has on him.

Guess I missed the link about that hearing altogether. Holy cow - 40 CDs of evidence - would I ever like to take a look at those ! Looks like his attorney has lost some of that swagger - must have finally got the whole autopsy plus notes they were looking for. I suspect they didn't like it much if BC is willing to keep hanging out in jail aye ?

Thanks for the info on that - I totally missed it !

wowsers :behindbar good place for him.

 

[Skittles]

Also, at the hearing in December Kurtz asked for Bond so BC could go back to work and not lose his job. Yesterday's WTVD report said BC got his "final check from his former employer, Cisco Systems." I guess he doesn't need to go back to work now.

 

[Star12]

Thanks Skittles - very interesting. The DA hasn't gone for the DP against the jailed one - wonder why since this article seems to imply it is routine to do so. Hmmmm.

Hope you are well !

Hi Bubba!

Here's your answer:

http://www.wral.com/news/local/story/4081184/

Superior Court Judge Donald Stephens ruled the case doesn't qualify for capital punishment after prosecutors said in a Friday morning hearing that there were no aggravating factors in the case, such as the commission of another crime that led to Nancy Cooper's death.

"Based on the investigation our office is aware of working with the Cary Police Department, we don't believe at this time there are any aggravating factors to proceed capitally," Assistant Wake County District Attorney Howard Cummings said.

~~~~~

If we had something like Florida's Sunshine laws, we would have access to those 40 CDs. Makes your mind reel..........

 

[raisincharlie]

Hi Bubba!

Here's your answer:

http://www.wral.com/news/local/story/4081184/

Superior Court Judge Donald Stephens ruled the case doesn't qualify for capital punishment after prosecutors said in a Friday morning hearing that there were no aggravating factors in the case, such as the commission of another crime that led to Nancy Cooper's death.

"Based on the investigation our office is aware of working with the Cary Police Department, we don't believe at this time there are any aggravating factors to proceed capitally," Assistant Wake County District Attorney Howard Cummings said.

~~~~~

If we had something like Florida's Sunshine laws, we would have access to those 40 CDs. Makes your mind reel..........

Hey hey Star - good to see you too! I sure do want to know what is on those 40 CDs. Poor BC had to ask for a second lawyer to get through it all. I bet we could have it diagnosed, sliced, diced, and completely figured in a week or less

As to aggravating factors, just my opinion but the law sometimes doesn't seem to have a good grasp on aggravation. We have a pretty darn good idea of what Nancy and those kids went through for the 6 months preceeding Nancy's death. I'd say that was pretty darn aggravating, in fact down right cruel and inhumane treatment more precisely. Makes those shots on the gurney seem extremely humane to me.

 

[Star12]

I see you are on it Skittles - re: your post today in the media thread.

Note there will be a permanent custody hearing in June ![/QUOTE]

Bold by me.

RC, where did you see that about the June 1 custody hearing? And please tell me there is no chance. He certainly can't have custody in jail, can he? Well, yes, I've heard of it before, but DANG, please NO!

 

[raisincharlie]

I see you are on it Skittles - re: your post today in the media thread.

Note there will be a permanent custody hearing in June ![/QUOTE]

Bold by me.

RC, where did you see that about the June 1 custody hearing? And please tell me there is no chance. He certainly can't have custody in jail, can he? Well, yes, I've heard of it before, but DANG, please NO!

Here you go Star:

http://www.wral.com/news/news_briefs/story/4699799/


"A permanent custody hearing is scheduled for June.
Brad Cooper remains in the Wake County jail, where he is being held without bond."


At the end of the article, :blowkiss:

 

[SleuthyGal]

I'm actually surprised that the issue of permanent custody is being dealt with before a criminal trial happens. As far as I can tell there has not yet been any official word on when the trial will start (and where it will be held).

 

[raisincharlie]

I'm actually surprised that the issue of permanent custody is being dealt with before a criminal trial happens. As far as I can tell there has not yet been any official word on when the trial will start (and where it will be held).

Item 88 of Judge Sasser's findings from the temp custody hearing sets out this requirement.

http://dig.abclocal.go.com/wtvd/coopercustodyorder.pdf


Also note item 69 - Judge Sasser requires a complete investigation of Nancy's murder prior to review but not necessarily a trial or conviction.

 

[Star12]

I'm actually surprised that the issue of permanent custody is being dealt with before a criminal trial happens. As far as I can tell there has not yet been any official word on when the trial will start (and where it will be held).

(Thanks, RC, for the link).

Hi, SG!

I just went back and scanned the temp order, which said that 6-8 months hence the court would set the perm hearing if it was not set by the parties. So now I'm wondering which way it went - by the parties or by the court.

And clueless here has no idea of when the trial may be held. But it's died down so much here that I can't see it being moved.

 

[SleuthyGal]

Hi Star12! Hey RC!

Thanks for the link to the custody order. I reread it.

So item #69: "A full and complete investigation of Nancy Cooper's death will provide information that is important for the final custody determination."

I don't know how Sasser is going to get her hands on all the investigative materials in the murder case if the case hasn't yet gone to trial. What constitutes a "full and complete investigation?" I would think a trial would be part of that but who knows?

And item #88: ".... if the parties have not scheduled a permanent custody hearing within six to eight months, the court will conduct a review of this temporary custody order in that time."

I think it would be up to the plaintiffs to seek permanent custody, otherwise the judge will review the current order but I don't see her initiating any change to the custody situation or deciding on her own to make it permanent. So that tells me that the Rentz/Lister families have initiated steps to seek permanent custody. Good for them!

 

[raisincharlie]

Hi Star12! Hey RC!

Thanks for the link to the custody order. I reread it.

So item #69: "A full and complete investigation of Nancy Cooper's death will provide information that is important for the final custody determination."

I don't know how Sasser is going to get her hands on all the investigative materials in the murder case if the case hasn't yet gone to trial. What constitutes a "full and complete investigation?" I would think a trial would be part of that but who knows?

And item #88: ".... if the parties have not scheduled a permanent custody hearing within six to eight months, the court will conduct a review of this temporary custody order in that time."

I think it would be up to the plaintiffs to seek permanent custody, otherwise the judge will review the current order but I don't see her initiating any change to the custody situation or deciding on her own to make it permanent. So that tells me that the Rentz/Lister families have initiated steps to seek permanent custody. Good for them!

Maybe Detective Daniels gets on the stand this time instead of just providing an affidavit. BC can't whine about it - he has the 40 CDs of the investigation files to compare notes with. I don't see anything BC can put up to defend himself in this instance. He has never taken the stand before, he sure as heck isn't going to this time.

I'm still curious as to who will represent BC at such a hearing. Maybe Star can clarify if the State of NC provides lawyers free of charge for civil cases as they do in criminal cases. Seems to me the State should not be obligated to provide representation for BC in this action regardless of his indigent status