The temporary custody hearing involving the two children of a murdered Cary woman got underway Thursday morning, taking on the feel of a criminal trial from the start.

Nancy Cooper, 34, was found strangled in July, and police have still not named a suspect.

Her parents, Garry and Donna Rentz, and her sister, Krista Lister, are fighting her husband, Brad Cooper, for custody of the couple's daughters, Bella and Katie.

Attorney Alice Stubbs, who's representing Nancy's family made it clear: she intended to show that Brad Cooper was responsible for her death.

"We are going to present substantial circumstantial evidence today that links him to that murder," said Stubbs in her opening remarks.

First on the stand was Garry Rentz, who described his daughter as "a good athlete, an average student, but a good soul."

He said her phone calls about Brad had "a combination of tearful and angry" tone in the months leading up to her death.

"Do you believe Brad murdered Nancy?" asked Stubbs.

"Yes I do," replied Rentz.

At one point Stubbs played a phone message left by Nancy on the Rentz's answering machine on July 7; it directly contradicted Brad Cooper's testimony through a video deposition that he had meticulously cleaned the couple's house while she was on vacation.

"I had to call the exterminator. There were these wormy things; I don't even know what they were," said Nancy. "I'm so furious at how disgusting the house was."

Under cross examination, defense attorneys asked Rentz about his assertion that Brad had not been a good father; Rentz testified that Cooper did not attend Katie's birthday party.

When asked if anyone had bothered telling Brad Cooper about the party, he replied, "Let me answer it this way: Good Morning America knew."

Rentz said he believed money was a possible motive in Nancy Cooper's murder.

Several affidavits from Nancy's friends and family said Brad had been overly controlling of the family finances, something the defense team sought to address quickly.

Defense attorney Deborah Sandlin hammered Nancy's spending practices, asking Rentz about the $40,000 in credit card debt she racked up in 2007. As Canadians, only Brad Cooper had work visa, and he only earned $5,400 a month.

Krista Lister was next up on the stand; Lister said she's had temporary custody of Bella and Katie since their mother's death.

"She was my best friend," said Krista when asked about her relationship with Nancy. "My soul mate."

Breaking into tears, and often glancing towards Brad Cooper, Lister testified that she was worried for her sister's safety in early 2008.

She said she'd left a message on Rentz's phone begging him to help bring Nancy home to Canada from North Carolina.

Lister said she and her husband were supposed to evenly split the cost of visitations for the girls with Brad Cooper; but claimed his funds have not cleared.

Lister testified she has only allowed face-to-face visits between Brad and the girls because she's been directed by the courts.

Sandlin asked Lister why she thought the girls should not see their father.

"I said that to you because I believe Brad murdered my sister," said Lister.

A short time later, that disagreement between the defense and plaintiffs arose again.

"When the murder is solved, when do you think Brad should see his children?" asked Sandlin.

"Well, Brad will be in jail," replied Lister.

Sandlin asked Lister about Nancy's affair at the beginning of the Cooper's marriage, and what Lister knew about a planned meeting with a man named Brett Wilson when Nancy was set to move back to Canada.

Lister said she expressed disappointment to her sister about Nancy's first affair, and said she did not talk with Nancy about it very many times after she found out.

Lister said as far as she knew, her sister was set to have dinner with Wilson, and she was not having an affair with him.

When asked about Brad Cooper's ability to be a good father, Lister said she's never seen him act inappropriately with the girls.

She did discuss some of a video deposition given by Brad, where he admitted to having an affair with Bella and two other children in the same house; she said that was inappropriate for a father.

Sandlin asked Lister a series of questions related to a therapist that has helped Bella and Katie deal with their mother's death.

According to the defense, Lister was required to give Brad Cooper prior notice before taking the girls to a counselor; Lister admitted on the stand that she had told the counselor she believed Brad killed Nancy before the counselor ever had a chance to talk with him.

Krista's husband, Jim Lister, was next up on the stand.

He talked about the web-cam visits Bella and Katie have had with their father, saying it's been "an evolution."

Lister said the novelty and excitement of the web-cam visits wore off after a few weeks, and they became more of a chore for the girls.

He said the web-cam visits are "heart-wrenching" and he'd prefer that they be kept to phone conversations instead.

Jim Lister also said he's never seen Brad Cooper act inappropriately with Bella and Katie.

Jessica Adam, a friend of Nancy Cooper's who first reported her missing, was the next person to testify.

Stubbs played the 991 call that Adam placed on July 12; during that call, she told emergency dispatchers she was worried that Nancy Cooper had not shown up as scheduled.

She went on to say she didn't believe the timeframe Brad gave her matched up, and she didn't think Nancy was supposed to have gone running as Brad suggested.

The version of the 911 call that plaintiff's attorneys played was much longer than the version that's been released to the public.

Defense attorney Howard Kurtz objected to the playing; he said they were not given the same copy of the 911 call, and questioned that plaintiffs are getting unfair access to information from the Cary Police Department's files.

A short time later, Adam testified she believed Brad killed Nancy Cooper, saying the relationship was rocky and he was motivated by financial reasons.

Defense attorneys quickly objected.

"I am aghast at the levels of hearsay that are coming into this hearing," said Sandlin.

When it was time for cross-examination, Sandlin moved quickly, trying to show that Adam's story has changed several times.

Sandlin attempted to pin Adam down about the times she first called Brad on the morning of July 12, saying Adam claims to have checked with Brad, around 8:30 a.m., but never bothered to tell police about that conversation when she called 911.

The attorney also pointed out that Adam failed to note a planned meeting with Nancy that morning on her calendar.

Adam said she's never seen Brad Cooper act physically abusive towards Nancy, and that she never saw them argue.

Susan Crook, a woman who had met Nancy but did not know her well was up on the stand after Adam.

Crook said she works for a community program that helps battered women; she testified that she called Interact on Nancy's behalf in the spring of 2008.

She said she heard from one of Nancy's friends, Hanna Prichard, and had concerns about Nancy's safety and Brad Cooper's "power control issues."

Defense attorneys objected to part of her testimony; they said she had not been called as an expert witness, and Stubbs relaxed that line of questioning.

Prichard followed Crook on the stand.

She said she saw two notes that Nancy showed her which appeared to be written by Brad Cooper.

Defense attorneys objected to the notes, saying they were hearsay.

Prichard said the first was a "to-do" list including things like completing wills and life insurance policies, closing financial accounts and cancelling appointments.

The second note, according to Prichard, had Brad's daughters names, with things listed such as their favorite colors, and things they loved to do.

Judge Sasser overruled the objection, saying lists do not qualify as hearsay.

"I thought he was crazy," said Prichard. "And you never know what a crazy person is going to do next."

Stubbs asked Prichard why she believes Brad Cooper killed his wife.

Prichard said Nancy had a diamond pendant that she never took off; she ran wearing it, went to the pool wearing it.

Brad Cooper apparently has possession of that pendant now, and Prichard said that "hammers it home."

Under cross-examination, Prichard admitted that she knew of two people who had acted inappropriately towards Nancy Cooper.

Sandlin said she introduced the line of questioning to show that Brad Cooper may not have been the only person to have had reason to kill Nancy Cooper.

Prichard said a friend of the couple, Mike Morwick, was drunk one night and told Nancy he wanted to, "F her brains out."

She also said she also remembered an incident where a man named Craig Duncan was intoxicated and stared at Nancy Cooper in a strange manner, saying, "He knew that she felt it, too."

Nancy's mother, Donna Rentz took the stand after Prichard.

Rentz cried while describing the last time she saw Nancy Cooper; she testified Nancy herself broke down in tears, saying wanted to bring her daughters to Canada, but couldn't because Brad had hidden one of their passports.

Rentz said prior to Nancy's death, she had never seen Brad treat the children inappropriately.

After a lunch break, Judge Sasser had lawyers for the defense, the plaintiffs and the Town of Cary meet in her chambers.

When the proceedings began again, Gary Beard took the stand.

Beard owns a pest control company that worked for the Coopers.

He testified that he went to their house on July 8, saying their garage was cluttered and could not have fit a car inside.

Sandlin cross-examined him, asking if he was there on June 28; he said he was not.

She went into a line of questioning aimed at his credibility. (accusations that he went through a teenage girl’s underwear drawer two years ago – he claims it’s a complete fabrication)

Dr. James Hilkey was the next to testify, saying he performed a psychological examination of Brad Cooper.

He said he gave Cooper a battery of tests and conducted an interview with him over the course of two days.

Dr. Hilkey described Cooper as a very smart, complex man in a “complex, precarious” situation who is “extremely defensive” and has harbored a fair amount of anger for a long time.

He testified that for the most part, Cooper is able to keep that anger in check.

There are times, though, that Dr. Hilkey said Cooper’s anger surfaces, and he tends to aim it at family members.

Cooper’s “detached presence,” coupled with other circumstances, sometimes give him poor judgement, said Dr. Hilkey.

Stubbs asked Dr. Hilkey what he thought about the affidavit of Jennifer Windsor Ball, who claims to be Brad Cooper’s ex-fiancee.

In that affidavit, Ball said Cooper was “emotionally abusive” and “mentally cruel.”

Dr. Hilkey testified that the affidavit supported some of his assessments about Brad’s personality.

With the end of his testimony, the plaintiffs ended their arguments – although they reserved the right to call rebuttal witnesses.

The defense started their opening remarks around 3:40 p.m., asking Judge Sasser to throw out the plaintiff’s case; Sandlin said they had failed to meet the requirements for handing over temporary custody from a parent.

Judge Sasser said “we’re kind of in limbo to some degree” when dealing with temporary custody, and because of that, the burden of proof that the parent is unfit is a little less severe.

Furthermore, she said without the benefit of hearing defense witnesses, the plaintiffs had indeed shown the Cooper acted inappropriately as a parent.

Before the defense began, Judge Sasser told the plaintiffs she was not allowing Jennifer Windsor Ball’s affidavit into evidence.

The first witness for the defense was Dr. Jonathan Gould, the doctor that Brad Cooper’s attorneys hired to give him a forensic evaluation.

He said Cooper showed no abnormalities or mental illness, and showed no inappropriate or at-risk behavior towards his children.

Much like an armadillo, Dr. Gould said Cooper has a tendency to retreat into himself when confronted with emotionally significant events.

Brad Cooper does not normally tend to be an angry person, but Dr. Gould said he was very frustrated with the situation he found himself in.

Dr. Gould testified he couldn’t accurately predict if Cooper was a flight risk, bud did not believe there was a major risk there.

The doctor acknowledged that the only other person he interviewed as part of his analysis was Scott Heider, who is the husband of a woman Brad Cooper has admitted to sleeping with.

Under cross examination, Dr. Gould admitted that if he was advocating for Brad Cooper, it would be “quite extraordinary” to only interview one other person, much less someone in Heider’s position.

One of the final witnesses was Rosemary Zednick, who lives in Cary.

Zednick said she's never seen Brad Cooper until today, and did not know Nancy Cooper.

On July 12, she said she was walking her dog when she saw a jogger come by, and they said "Hi" to each other.

When she saw flyers with Nancy Cooper's picture later on, Zednick said she recognized the face.

"I saw her jogging," said Zednick.

After a game of phone tag, Zednick said she finally gave a statement to police - a week after Cooper disappeared.

She claimed she gave police her information seven times, but has never heard back from investigators.

After Nancy Cooper's autopsy was released, Zednick said she finally decided to contact Brad Cooper's attorneys.

"I think it was her. In my opinion it was her," said Zednick. "She was so close to me."

Attorney Wade Smith cross examined Zednick, attempting to establish that the split-second sighting was too quick to really recognize a complete stranger.

"Her head turned, because she kept running," said Zednick. "She did not stop."

Zednick said she picked Nancy Cooper's picture out of a group of photographs that Brad Cooper's attorneys showed her.

After Zednick stepped down, Mike Hiller took the stand.

He testified he felt compelled to speak up on Brad Cooper's behalf.

"I was at the party that night, and they weren't fighting. I'm not stupid, I knew they were having marital problems," said Hiller.

Hiller said he knew Nancy to exaggerate, especially when it came to monetary issues.

He remembered a situation where he questioned how the Coopers could consider buying a car at a time they didn't even own a second car.

"You don't know how much we make," he said Nancy told him. "I'll have that car, or I'll have that house."

He added that he never saw Brad treat his daughters badly, and that they always seemed to like being around him.

The night before Nancy Cooper disappeared, Brad and Mike Hiller made plans to play tennis, said Hiller.

It was something he said he even asked Nancy about; she knew what time it was supposed to be.

When she disappeared the next day, Hiller thought Brad Cooper acted as any husband would.

"I honestly didn't hear anything weird in his voice or excuses or anything," said Hiller.

Attorneys for the plaintiffs said they declined to call Detective George Daniels with the Cary Police Department.

Defense attorneys said they didn't want to cross examine him without having access to his files.

With that, Attorney Wade Smith began closing arguments.

Smith said like the defense, they don't know who killed Nancy Cooper, and in fact he hoped that Brad Cooper did not; however they are troubled by the evidence in this case and because of that, Brad Cooper should not be granted custody of his daughters.

"There is evidence, your honor, that would lead you to believe that he is cold and he is calculating," said Smith.

Smith went on to argue that Bella and Katie would model the bad behavior that Brad Cooper has exhibited.

He said the fact that Cooper never once reached out to Nancy Cooper's family - even before her body was found - is simply not tolerable.

A husband who loves his wife and honors her as the mother of his children would go to a memorial service. Would call her family," said Smith. "To fail to do so is weird and bizarre."

Smith said Cooper cleaned his house, garage and car not to be a good father, but to hide evidence.

"There is a cloud over this house," said Smith. "There is one decision that is absolutely safe."

Sandlin did not take much time with her closing arguments.

"I haven't heard any evidence that Mr. Cooper had anything to do with his wife's murder," said Sandlin.

She said people are jumping to conclusions that he was responsible for Nancy Cooper's death simply because there aren't any other suspects.

Sandlin argued that nobody testified that Brad Cooper was anything but a model father.

"This is already having an effect on these children. Already. These children need to be with their father," said Sandlin.

She went on to blast the testimony of the plaintiff's psychological expert, saying he basically plagiarized his answers because the tests were sent off to be computer-analyzed.

"The children should be returned to their father. They should have contact with the Rentzs and the Listers," said Sandlin.

Stubbs spoke up afterwards, firing off salvos of her own; she said it was "incredulous" that Brad Cooper never took the stand, nor did any of his relatives.

"He has given you no evidence to be comfortable giving him any unsupervised visits with his children," she added.

Sasser said she will take everything into consideration before issuing a judgement.

Related Links

1. Full Coverage Of Nancy Cooper Murder