Battle continues in Cooper case

October 14, 2008 5:02:28 PM PDT
A Wake County prosecutor says Brad Cooper's attorneys are trying to use the custody case as a way to obtain possible criminal evidence in the murder case.There is no doubt that the civil custody case and the criminal investigation of Nancy's murder are becoming more and more intertwined --a motion has been filed the by the criminal prosecutor in the murder case.

The prosecutor says Cary Police should not have to lay out their criminal evidence in a civil courtroom.

The motion is in response to a request by Brad Cooper's civil attorneys las week, for Cary Police to provide all of their evidence in the murder case.

Assistant District Attorney Howard Cummings, who is assisting in the homicide investigation, states that Cooper has not talked with Cary detectives since the day after his wife's mostly nude body was found at a construction site near the couple's Cary home.

Cummings writes, "?these disclosures of the requested information and items will interfere with and jeopardize an ongoing murder investigation by prematurely disclosing investigative leads and confidential information to unauthorized persons."

The judge in the civil custody battle over the Cooper children has said that if no arrests are made in the Cooper case before Thursday's scheduled hearing she may have to determine herself, if Brad Cooper killed his wife.

Nancy's parents currently have custody of their grandchildren and the hearing Thursday will determine whether they have longer-term, but not permanent custody of the two little girls.

Cooper's attorneys say he did not kill his wife and although investigators have not named him as a suspect or person of interest, court documents indicate police are focusing on him.

One document says, "?attempts to access and review the investigative file in an unsolved active murder investigation is a fishing expedition being done as an attempt to assist Brad Cooper in his defense to a potential criminal charge and are not for the purpose of showing his fitness and suitability as a custodial parent of his minor children."

It is possible that this latest dispute will be decided by the judge in the custody case before the full hearing.

That could happen during the day Wednesday or before the actual hearing on Thursday morning.


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