Thursday, March 17, 2011

Blackout

The Cooper Trial so far: for the last couple of days, we have had a broadcast blackout because there are undercover officers testifying and their identities are protected. Amanda Lamb is tweeting at #coopertrial. The TV channels can report, and so can the N&O, so I am keeping up as best I can. I like to watch the actual testimony, to hear and see what the jury hears and sees, so I'm restless. I suppose it is good for everything else in my life that I'm limited a bit! But I have managed to do most of my tax returns while the trial has been on wral.com and my multitasking skills are good.

Before the blackout, the man who found Nancy Cooper's body while walking his dog, his wife, officers who were first-responders, and several friends and neighbors of the Coopers testified. The Prosecution chose to begin with finding the body followed by the some professional matter-of-factness, and then move to the emotional and personal.

The direct examinations were lengthy and painted a picture of the marriage that was coming apart. Nancy and Brad were on the verge of divorce. She had almost left Cary with the children several months before she died, planning to go home to Canada. The neighbors had even planned a going away party, titled "The Saddest Party Ever." But she stayed. Various people who knew Nancy well said that she had started carrying her passport, and the children's, and other documents in her car. Brad found them, it is said, and took possession of them. Money was an issue, and perhaps a reason for him to declare that his wife and children could not leave. Or perhaps he did not want to be so far from his daughters and perhaps he wanted to try one more time to make a life with Nancy. The Defense put those options forward in his opening statement.

Nancy went missing on a Saturday morning. Brad told people that she went jogging and didn't come home. The night before, they were both at a neighborhood party. Other party guests testified that Nancy arrived early with the girls. Brad came later. They argued. He took the girls home to bed and she stayed several hours longer. It seems that Nancy was not shy about telling friends her marriage was miserable and that there were times when she hated Brad. Of course, many people will confide in friends when under such stress. She was upset enough, or open enough, or thoughtless enough, or had had enough wine, to tell a stranger at the party, too. That stranger took it so seriously, she remarked to her husband that something bad was going to happen in the Coopers' house.

When Nancy's friends figured out that she was missing, early that Saturday afternoon, one of them called the police. There were tears among them as they gathered in front of the Coopers' house. On the stand, they were not shy to say that their first thoughts--individually and together--were that if something had happened to Nancy, Brad did it. They told the police of their fears and all about the troubled marriage, too.

The Defense has already posited that the Cary police made their minds up early and never investigated any theories other than "Brad did it." In my opinion, that seems to be true. That may be the right conclusion, but was it arrived at in the right way? The police and the Prosecution must be held to a high level of behavior, of judgement, and must be above reproach.

According to Amanda Lamb's tweets this afternoon, the Defense challenged the undercover officer who is testifying about his thoroughness. The officer said that he had investigated every lead. He talked to 16 people who reported seeing someone who could have been Nancy out jogging; none of them could be certain.

A police detective testified that he believed Brad killed Nancy after midnight, when she returned home from the party and dumped her body where it was found, more than 3 miles from their house. Her body was nude, except the a sports bra pulled out of place. To me, if Brad did kill her, leaving her exposed that way--perhaps even undressing her and putting the bra on her--is horrible to contemplate.

This is not by any means a complete summary of the week's testimony, and I am hopeful that the undercover officers will be done soon, so the blackout will be over. Let me end by telling you what makes me very uncomfortable although it is also a common thing. Nancy's friends and the police found Brad's reactions to be lacking, and they judged him for that. I do not believe that there is a "proper" or "correct" way to act when confronted with tragedy and I do not believe that these judgements are in any way evidence. I wish judges did not permit them to be voiced. Think this would disqualify me from jury duty?

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