Nancy's body was dumped near the couple's Cary home in 2008 and Brad says the files police took from a computer and a flash are subject to attorney-client privilege.
Brad's attorneys argued the files should remain private and not be introduced as evidence for a jury to review.
"We're talking about notes that may have been taken from attorney visits," said Robert Trenkle, Brad Cooper's attorney. "They were taken, seized upon the search of his house and, um, they're actually, several of them are actually in evidence. So I think at some point in time you would have to make a determination as to whether that's admissible."
After hearing the argument, the judge appointed another judge to review the material and decide if it will be admissible or if it will be witheld from the jury.
Cary police searched the Cooper home twice following Nancy's murder. The first search was shortly after her body was found in July 2008. The second was in October 2008 when Brad was arrested at the home where he lived with his wife and their two daughters.
During the second search, police took a computer and a flash drive. Both devices apparently contained thousands of pages of information and some of that information is believed to be communications between Brad and his attorneys.
The judge also denied other defense motions Monday including a request for special access to a prosecution expert on body decomposition.