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 is expected to begin in October, but Tuesday, a judge was trying to decide whether one of Cooper's attorneys could be called to testify or should be removed from the case.
Prosecutors have a lot of questions about early statements by Cooper attorney Howard Kurtz. Apparently, prior to Cooper's arrest, Cary police contacted Kurtz with questions. Kurtz apparently prepared answers to the questionnaire and signed it.
It all took place after Nancy's body was discovered, but just weeks before Brad Cooper was arrested in late October.
Prosecutors have insinuated they may call Kurtz as witness to verify the document. The judge wanted to see if Cooper approved it. In court, Cooper said it was his decision to approve the document.
It appears the judge was satisfied that Kurtz will not be needed to testify - at least on that one issue.
The defense also issued other statements on a website created before Cooper's arrest and those too could be brought up at trial.
Cooper may be in court again on Friday when the same judge will hold a hearing on the defense motion to move the October trial out of Wake County.