Use the scrollbar to view previous events
Click here for an expanded view of the timeline
Tweet This! http://mync.com/site/19457/
A judge today lifted the seal on her custody order related to the children of a Cary man charged with killing his wife.
Brad Cooper was arrested last month, accused of strangling Nancy Cooper in July.
Full Coverage: Nancy Cooper Murder
Read Custody Documents
Judge Debra Sasser gave temporary custody of the couple's two daughters to Nancy's family, but defense attorneys requested that that decision remain sealed.
She denied that request late Friday morning, allowing the public to see what went into her decision.
According to the order, Judge Sasser had trouble seeing Brad Cooper as a credible witness, since he never took the stand.
"Brad Cooper submitted four affidavits for the Court's consideration," she is quoted as saying. "In none of these affidavits does Brad Cooper deny having a role in his wife's death."
Sasser also took issue with the way the defense handled their own psychologist who they hired to profile Cooper.
She said attorneys should not have given Dr. Jonathan Gould emails, financial records, phone records and other evidentiary information.
"The Court is concerned that this information may have unknowingly and unduly biased Dr. Gould in this matter," said Sasser in the order. "In addition, Dr. Gould was prohibited from talking to Plaintiffs in the course of this evaluation."
The defense team had tried to argue that making the order public record could taint the jury pool for the pending criminal trial; attorneys for Nancy's parents, Garry and Donna Rentz, and her twin sister, Krista Lister, filed an objection to that request.
"What we are asking the court to do is simply seal the findings to protect the defendant and, your honor, also to protect the integrity of the jury selection process," said defense attorney Deborah Sandlin. "All of Wake County right now is a potential jury pool."
The judge did not agree, however, and after a short time in chambers she made her decision.
"What has been presented to the court is not a secret, but what the defense wants me to do is let the public know the outcome of my decision without letting them know what brought me to that decision," said Sasser.
Capitol Broadcasting and the News & Observer had filed their own request that the ruling be made public, as well.
"Our courts have said again and again that only extraordinary circumstances compel the sealing of court records," said attorney Amanda Martin. "Your order does not pose a substantial risk of harm to the defense."
Lawyers for Nancy's families had also filed a temporary restraining order a couple weeks ago, preventing Brad Cooper from liquidating his assets.
They're worried he won't have enough money left to make child support payments.
Judge Sasser said that the two sides have agreed on a consent order related to that restraining order, and they will file it sometime next week.

Send To Friend
Caption
Report Abuse
Post A Comment
Commenting is not available in this section entry.