Before jury selection could begin Monday morning, Cooper's attorneys argued up to the last minute that they still haven't been given information they've asked for and feel they deserve.
His attorneys said they felt two-and-a-half years was plenty of time for the SBI to round up and hand over e-mails and other communication with the Cary Police Department related to the investigation.
"They're able to do it at lightning speed when they want to," Defense Attorney Howard Kurtz said. "In respect to the SBI they've been in the media supposed to be a new chapter all about transparency."
The prosecution said it has nothing to hide, but the judge decided it was too late to ask for the information.
Jury selection is expected to take a week, with the hope that testimony will begin next Monday.
About 75 potential jurors showed up at the courthouse Monday - among the questions they are being asked is if they'll be influenced by pre-trial publicity and their experience and thoughts towards domestic violence.
The massive search for Nancy Cooper made national news. A few days after first being reported missing, she was found strangled near a drainage ditch in a neighborhood under construction not far from the couple's Cary home.
Friends later revealed Brad Cooper was extremely controlling and had admitted to having an affair and that Nancy Cooper was in the process of getting a divorce.
Her parents have custody of the couple's two children.