Judge delays Cooper trial

Brad Cooper appears in court September 10, 2009

September 10, 2010 2:48:46 PM PDT
A judge has delayed the trial of a Cary man accused of murdering his wife in 2008.

Brad Cooper, 36, is charged in the death of his 34-year-old wife Nancy.

She was found dead on July 14, 2008 about three miles from her home after a three-day search throughout Cary. Her husband told police she went jogging, but never returned.

Shortly after, Cary investigators ruled the death a homicide.

Cooper's trial was expected to begin in October. But Friday, Judge Paul Gessner said that more time was needed for evidence testing and delayed the trial until January.

Gessner said he would take longer to rule on a change of venue request from Cooper's lawyers.

They cited dozens of articles published by media outlets and claimed Cooper could not get a fair trial judged by an unbiased jury because of all the pre-trial publicity.

"ABC 11, 77 articles and additional comments," said Cooper attorney Robert Trenkle. "There's a good likelihood of juror prejudice."

Prosecutors say they're confident an unbiased jury can be found.

"Doesn't indicate defendant is going to get a jury of his peers that's not impartial," offered prosecutor Howard Cummings.

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