In an unusual twist, a Canadian man accused of murdering his wife in North Carolina rose before his U.S. judge on Friday to answer questions about his attorneys’ plans to offer evidence before prosecutors had presented all their evidence in his trial.
If Brad Cooper’s attorneys offer evidence, they give up the option of getting the last word with the jury.
In brief responses to the judge’s questions, told Judge Paul Gessner that he gave his permission to the attorneys to introduce evidence.
Cooper, 37, is accused of first-degree murder over the July 2008 death of his wife, Nancy Cooper. The 34-year-old mother of two was found strangled wearing only a sports bra in an undeveloped subdivision close to the couple’s home just outside Raleigh, two days after her husband reported her missing.
Brad Cooper said at the time his wife had gone jogging and never returned.
The move Friday to offer up early evidence came as one of the Coopers’ neighbours – Diane Duncan – took the witness stand.
Defence lawyer Howard Kurtz told the judge that he wanted to show Duncan a pull from a blog that she set up when Nancy Cooper was first reported missing – on July 12, 2008 – in order to ask about a post that said the Cooper’s oldest daughter told a neighbour she had seen her mother on that morning.
Earlier in the trial, Gessner prohibited the defence team from using the information about the daughter’s claim in its opening statement.
Prosecutors have tried to suppress the evidence, saying the young girl made the statement under duress.
The judge left open the possibility earlier this week that the information could be introduced later in the trial.
No decision has been made yet on whether Kurtz can ask Duncan about the blog post.
Duncan testified Friday that Nancy Cooper told her hours before she was reported missing that she hated her husband.
"This was a ‘I hate Brad day,’ " said Duncan, one of the last people known to see Cooper alive.
Court has heard that the Coopers had been having marital difficulties for much of 2007 and 2008. The Alberta couple – Brad was from Calgary and Nancy from Edmonton – had moved to North Carolina almost a decade ago during the region’s dot.com boom for Brad Cooper’s job.
As neighbours, the Duncans and Coopers got together for backyard barbecues and other social events.
Nancy and Brad Cooper were at the Duncans’ home on July 11, 2008 – one day before Nancy’s disappearance – for one of those parties.
Nancy Cooper arrived first with ribs for the potluck, court heard, and Brad came later.
Duncan recalled Nancy saying: "I hate you Brad Cooper. I hate you. I hate you. I hate you."
"She clenched her fists, spat the words out."
Nancy Cooper’s body was found on July 14, 2008, in a remote spot in an unfinished subdivision nearly five kilometres from the Cooper’s home.
Prosecutors contend that Brad Cooper strangled her because he was angry that she wanted to divorce him and move back to Canada with their children.
The defence argues that Brad Cooper is not a killer, but rather a victim of a rush to judgment by local police bent on solving a homicide without fully investigating all leads.
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