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Crime & Safety

Cooper to get court-appointed lawyer

- Staff Writers

Published: Tue, Oct. 28, 2008 10:53AM

Modified Tue, Oct. 28, 2008 05:27PM

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RALEIGH -- After a night in the Wake County jail, Bradley Cooper appeared today before a District Court judge who said he was entitled to a state-paid lawyer on a charge that he murdered his wife, Nancy.

Judge Jane Gray said Cooper cannot afford to pay for his own legal defense on the murder charge. She also said he was not entitled to bond, meaning he must remain in jail.

Cooper, 35, said nothing during the brief hearing. He wore an orange-and-white jail jumpsuit and no wedding ring.

Among those watching the proceedings today were Cooper's mother and Nancy Cooper's friends Hannah Prichard and Jessica Adam.

Also present were the lawyers who represented Cooper in a dispute with his in-laws over custody of his two children. One of the lawyers, Howard Kurtz, will be named to handle the murder case for the state's standard rate of $95 an hour, said Bob Hurley, North Carolina's capital defender.

Kurtz is on a list of lawyers qualified to handle murder cases.

Because Wake District Attorney Colon Willoughby has not decided whether to seek the death penalty, Hurley said he would appoint only one attorney. Hurley said he would name a second lawyer if Willoughby pursues a death sentence. Defendants facing capital trials are entitled to two lawyers at state expense.

Cooper's previous legal fees will not be paid by the state, he said.

Cooper was arrested Monday after a grand jury indicted him on a first-degree murder charge in his wife's strangulation.

His appearance today marked the start of a what is likely to be a series of hearings leading to a trial. No date was set for his next appearance, known as a Rule 24 hearing, in which prosecutors will announce whether they will seek the death penalty. In those hearings, a judge has to decide if the nature of the slaying warrants seeking the state's harshest punishment, usually sought in killings deemed to be particularly heinous, atrocious, cruel or committed in the course of another felony crime, according to North Carolina's statutes. Only juries can decide if a person can be sentenced to death.

Cary police have said little publicly about what led up to Monday's indictment, though public records show that Cooper was the focus of their investigation from the time his wife's decomposed body was discovered in an unfinished subdivision in July.

In the months since then, details about the couple's deeply troubled marriage have tumbled out.

Nancy's family and friends said she was planning to divorce Bradley, whom they described as unfaithful, controlling and cruel. Bradley admitted the couple had argued about what he called Nancy's out-of-control spending. But he has said that he was not ready to give up the marriage and that he was devastated by losing his wife.

The couple moved to North Carolina in 2000 after Bradley's job with Cisco Systems was transferred from Calgary, Alberta, to Research Triangle Park.

Cooper, who earned more than $100,000 last year, went on paid leave shortly after his wife died. In a deposition earlier this month, he said he was planning to start working part time from home this month.

Nancy Cooper's family members have said they are convinced her husband killed her.

A psychologist hired by Nancy Cooper's family testified during the custody hearing that Bradley Cooper was "very complex."

Forensic psychologist James Hilkey also said that Cooper seems detached but has a residual anger that can bubble to the surface.

"He can usually keep that under check, but sometimes it comes up," Hilkey explained at the Oct. 16 custody hearing. "That anger is most often directed at the family."

Seth Blum, who is still acting as part of Cooper's defense team, said again Tuesday that Bradley Cooper is innocent of the charges against him.

He said that Monday's indictment allows Cooper's defense team to begin studying police's evidence against Cooper as they prepare for his day in court.

"We look forward to shining the light on what has been a secret process," Blum said.

Blum said Cooper's night in jail has, understandably, taken a toll.

"He's worried. He is afraid," Blum said. "Most of all, though, he's concerned about being apart from his daughters."

Last week, a judge awarded Nancy Cooper's family temporary custody of the couple's two young daughters. The custody order, not yet finalized, included visitation between the girls and Cooper.

Alice Stubbs, attorney for Nancy Cooper's family, said they will ask a judge to strike any face to face visits since Cooper is in jail. Blum said he hopes the sides can resolve this new challenge in the previous arrangement in the coming days.

sarah.ovaska@newsobserver.com

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