Posts Tagged ‘Case’
Brad Cooper Granted New Trial: North Carolina Supreme Court Denies PDR in Cooper Case
Brad Cooper Granted New Trial: North Carolina Supreme Court Denies PDR in Cooper Case
Raleigh, NC (PRWEB) January 26, 2014
After considering a petition for discretionary review filed by the North Carolina Attorney General’s Office in “State v. Cooper”, the N.C. Supreme Court upheld the ruling of the N.C. Court of Appeals granting Brad Cooper a new trial. Cooper was found guilty in May 2011 of murdering his wife Nancy and was sentenced to life in prison without parole. The homicide rocked Cary, a Wake County town with a reputation for safety and the trial itself made national headlines.
Cooper’s conviction was overturned by the N.C. Court of Appeals because the defense was not allowed to present expert testimony in rebuttal to certain computer and internet evidence offered by the prosecution. The Court of Appeals held that this oversight by the trial court was egregious enough to warrant a new trial.
“This is a real victory for justice,” said Howard Kurtz, trial counsel for Mr. Cooper. “Brad absolutely deserves a new trial and everyone in our office is very excited about the Supreme Court’s decision.”
Mr. Kurtz, who headed Cooper’s defense team during the original trial (08 CRS 22922), is pleased that Brad is getting a second chance to go before a jury but doesn’t expect the trial to occur any time in the near future.
“The Cooper case was the longest non-capital trial to ever occur in Wake County,” Howard explains. “The first trial lasted for 10 weeks, and that was without allowing [the defense] to present the expert testimony that we wanted. This is not the type of case that anyone can be ready for overnight.”
In the meantime, the knowledge that there is still much left to do in the Cooper case is not stopping the defense team from celebrating the Supreme Court’s decision.
“Mr. Cooper still has a long road ahead of him and it will be some time before this case is set to rest once and for all,” remarked Seth Blum, Kurtz’s law partner and co-founder of Kurtz and Blum, PLLC. “That being said, we’re enormously pleased – this really is a step in the right direction.”
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McCann E-Investigations Publishes Case on Electronic Digital Wiretapping
McCann E-Investigations Publishes Case on Electronic Digital Wiretapping
Houston, TX (PRWEB) November 22, 2011
McCann E-Investigations, a Texas-based computer forensics and private investigative firm recently published a recent case on electronic digital wiretapping by an ex-spouse or ex-spouse to be.
“McCann E-Investigators regularly receive calls from clients who are concerned that their ex-spouse or soon to be ex-spouse has compromised their laptop, desktop or smart phone.” Says Dan Weiss, Partner at McCann E-Investigations. Suspicion is often raised when the ex-spouse has knowledge of information that was meant to be private, such as attorney/client communications.
Spyware, key loggers and other software designed to eavesdrop and spy electronically are easy to purchase and install. The software is inexpensive and can be bought over the internet and installed in a matter of minutes. In most situations, the physical computer must be present for the installation, however, remote installation is also possible. The ability to spy live on an ex-spouse or soon to be ex-spouse is easy, cheap and produces real and useful information for the ex-spouse who is willing to take the risk. It is also illegal. It is classified as illegal wiretapping and unlawful interception of electronic communication and is a second-degree felony that can carry a 20-year sentence.
The issue most of our clients face it that it is difficult to prove and document the installation of spyware. Forensic tools can show details of the software installation including when it was used and in some cases where the information is being sent. It is also possible to gather enough information to turn the case over to law enforcement authorities. Our experience is that law enforcement is more likely to listen to a complaint if it filed with a detailed third party expert report
In cases of suspected electronic digital wiretapping it is important to take the following steps:
1. Contact a forensic investigator on another mobile device other than the suspected unit
2. Do not attempt to find the spyware on your own. It is likely you will containment the evidence
3. Leave the computer or mobile device as you found it and get it to the forensic examiner as soon as possible
4. In the case of suspected “hacking” of your smart phone, purchase a pre-paid phone for secure communication until your phone can be examined
The forensic examiner will create a forensic image of the laptop, desktop or mobile phone and perform a detailed examination of the device for spyware. Once the forensic examination has been complete the spyware can be removed and commercial grade software to defend against future spyware will be installed. The device may require the installation of a more complete firewall and active spyware monitoring in the case of an educated and resourceful ex-spouse.
If spyware is discovered, the E-investigator should work closely with you and your attorney to determine next steps. Sometimes it is best to leave the spyware and use it to send false or misleading information. In some cases it might be best to send a message that would cause the ex-spouse to show themselves and help to prove that they are benefiting from spying on you.
About McCann EI:
http://www.einvestigations.com
About McCann EI: McCann EI’s Texas-based digital forensics team provides a one stop solution for your Electronically Stored Information (ESI) investigative needs. McCann EI’s computer forensics, digital forensics, mobile forensics, and electronic discovery investigators serve law firms, private industry, and government with the same dedication and expertise that has had clients turning to McCann for over 25 years.
Regardless whether your ESI is trapped in personal, corporate, mobile, or network drives, McCann EI’s computer forensics team is experienced in electronic discovery and recovering your digital files. Our investigators have the experience to provide expert witness computer forensic testimony in courts across Texas. McCann EI services Companies, Law Firms, and Individuals Statewide. Call us toll-free at 800-713-7670 or our Local Offices Austin Computer Forensics: 512-377-6142 Houston Computer Forensics: 832-628-4904 Dallas Computer Forensics: 214-329-9059 Lubbock Computer Forensics: 806-589-0320 Lufkin Computer Forensics: 936-585-4070 Brownsville Computer Forensics: 956-465-0849
Call us toll-free at 800-713-7670
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©Copyright 1997-
, Vocus PRW Holdings, LLC.
Vocus, PRWeb, and Publicity Wire are trademarks or registered trademarks of Vocus, Inc. or Vocus PRW Holdings, LLC.