McCrady Case Review

"The Bare Truth"

By

Bonnie M. Wells

Issue Number Three:

Forbidden Testimony

(Special Note: See insert at bottom of this page concerning a new trial for a man because witnesses were not allowed to testify. // September 2013)

I attended every day of the nearly two week long trial of Jackie McCrady for the murder of his wife .... well, I was there every day except the last one when I knew the jury was coming back with a guilty verdict. I didn't want to be there.

At that time I didn't know any of the McCrady's - had never had a conversation with any of them, and had done nothing more than speak to Mr. & Mrs. McCrady in the hallway of the court house. To this day I have never had a conversation with their son Jackie.

Jackie McCrady had been sitting in prison for five years by the time I was actually introduced to his parents. I continued to doubt his guilt and continued to research everything I could find that pertained to his case, and although I had notebooks full of notes that I'd taken during the trial, I would have loved to see the court transcripts.

Little did I know that I was destined to read EVERY piece of paper, every comment that was made by anyone in the case. But I was. It took me a solid month to read it, make notes in the margins in areas that I'd already worked on and saw the incorrectness, but I did read it all, and it was during this process that I ran across something that just infuriated me!

I was actually glad that I had not known about it at the time it happened because [knowing me] I would have ended up in jail for contempt of court!

Tucked into the transcripts of court room testimony I came across a page that contained the information about a meeting that was held in the judges chambers during one of the recesses.

There was a woman who had seen a young woman walking at Civitan Park in Belpre on the morning that Jenifer disappeared. This woman I will call 'Non Witness' because she was never allowed to testify and tell the jury what she had seen ....

Non Witness said she had finished her early morning walk at the park and was preparing to leave when she noticed the other woman .... the woman she believed to be Jenifer McCrady.

Along side of the woman she thought was Jenifer, rode a man on a bicycle. This was unusual since bicycles are not allowed on the walking trails at Civitan Park.

Non Witness said the woman {Jenifer} appeared to be irritated with the man and acted as if she wanted rid of him, but he continued along beside of her.

She described this man as riding a dark colored bicycle; having collar length, shaggy looking hair and a full beard, and wearing a long 'trench type' of coat and a ball/work cap on his head.

I was appalled when I continued reading this information and saw how the prosecuting attorney had actually laughed and made fun of the witness because of her description of this man. .... wearing a winter coat in mid September .... he thought that was ridiculous.

So, the court agreed with the prosecution .... Mrs. Non Witness would not be called. The jury would never hear her testimony .... and by the time it got to me it would be too late for me to do anything about it ..... and so it was.

But, since this is my 'court room' I'm going to tell Mrs. Non Witnesses testimony and I'm going to tell a whole lot more ..... I'm going to tell my readers that this man did exist, and I know exactly who he was [and is].

No one on Jackie McCrady's jury would ever know how many times Sindee, Angie, Mary Jo or I had seen Wild Bill leave his house on an old, dark colored bicycle.

They would never know that he had collar length, shaggy gray hair and a full beard.

They would never know that I had seen his 'trench coat' many, many times. It wasn't a trench coat .... it was a lined rain coat, and he carried it in the saddle bag of his motor cycle. It was tan in color.

Nor would the jury ever be allowed to know that Wild Bill lived at the top of the hill from Civitan Park and could come from his house to the park on a bicycle within 3 minutes. It took a little longer to go back because it was 'uphill,' but even so, he could do it within 5 or 6 minutes.

My mind went back to the courtroom, the jury and all the witnesses. What would they have thought if they had been allowed to hear this woman's testimony? What would they have thought if they could have heard what I knew?

Well, some of the cops and the attorneys in that court room did know what I knew. I'd told them. In letters, sometimes written in the middle of the night, and often hand delivered .... I told them piece by piece. It had done no good. I'd been forced to sit there and watch Jackie McCrady blamed for things that I was convinced he didn't do.

Would the jury have had a 'reasonable doubt' if they had been allowed to hear the woman's testimony? Probably. I had a reasonable doubt 'before' I discovered it ..... of course I knew other things that the jury never knew either, so that's probably why I had a reasonable doubt before the trial ever got under way.

Issue Number Four:

Issue Number Three Link will work when I have the article finished and posted.

Unidentified, Three Inch Long, Dark Hairs

   

Starlight Inner-Prizes.Com

McCrady Review Cover Page

McCrady Review Page II

September Page

Bonnie M. Wells @ bmw_fastasu@yahoo.com

This page posted: 2/11/10 // BMW

This page updated: News article follows: September 2013 // BMW

NC Appeals Court Orders New Trial For Brad Cooper

Raleigh, N.C. The North Carolina Court of Appeals on Tuesday ordered a new murder trial for a Cary man convicted more than two years ago of strangling his wife, who he says went jogging one Saturday morning and never returned home.

Brad Cooper, 39, is serving a life prison sentence for first-degree murder in the July 2008 death of Nancy Cooper, whose body was found in a drainage ditch in a cul-de-sac of an undeveloped subdivision near their home.

The appeal of his May 2011 conviction centered on rulings that Wake County Superior Court Judge Paul Gessner made regarding a Google Maps search of the site where Nancy Cooper's body was found the only concrete evidence linking Brad Cooper to the crime.

State witnesses testified during the trial that the search was performed the day before she disappeared, but defense attorneys contended that someone tampered with the computer.

The Appeals Court's decision was unanimous.

"The trial court did err in limiting (Jay) Ward's testimony in such a manner that prevented him from testifying concerning data retrieved from the laptop, including the Google Maps files," the three-member panel said in its 56-page ruling.

Ward was a network security professional but was found by the trial court not to be qualified as a forensics computer analyst. Another expert witness for the defense, Giovanni Masucci, also wasn't allowed to testify about the files, partly because the judge found that his name was not on a potential witness list, as required by law.

"The Google Map files recovered from the defendant's laptop were perhaps the most important pieces of evidence admitted in this trial," the appeals court said. "We hold that the trial court abused its discretion in excluding Ward from testifying, relying on the state's own evidence, to his opinion that the Google Maps files recovered from the defendant's laptop had been tampered with."

Gessner said Tuesday morning, when contacted by WRAL News, that he had not had a chance to fully read the Appeals Court ruling, "but I respect the ruling of the court and have no further comment."

Brad Cooper's trial attorney, Howard Kurtz, welcomed the ruling, saying he was "thrilled" that his client will get another day in court.

"It's hard to be completely happy when something like this happens, because we shouldn't have had to have gone through an appeal," Kurtz said. "The evidence that drove the conviction was the map. So the fact that I had not only one but two witnesses prepared to say that these maps were planted on that computer would have made all the difference in the world."

Prosecutors argued that Brad Cooper planned his wife's murder and killed her after she returned home from a neighborhood party in the early hours of July 12, 2008.

Witnesses said the Coopers, who moved to Cary from Canada, were in the process of separating and that Nancy Cooper wanted to move back to Canada with their two young children.

Defense attorneys argued that Nancy Cooper went jogging on the morning of her death and never returned home.

The investigation into her death was marred by "dishonest" and "inept" police work, they said, alleging that investigators never looked beyond Brad Cooper as a suspect.

"We were certainly disappointed with the court's decision," Wake County District Attorney Colon Willoughby said Tuesday. "We'll talk with the North Carolina Attorney General's Office about it and see whether or not we should seek further review."

If the state decides not to appeal the ruling or the Supreme Court either upholds the decision or declines to hear the case, it would wind up back in Superior Court.

Prosecutors would then decide whether to try the case again, reach a plea agreement or decide not to re-try the case.

More than 100 witnesses testified during Brad Coopers' 10-week murder trial, which is the longest non-capital murder case to be tried in Wake County.

Comments From BMW

Jackie McCrady has been behind bars since October 4,1996. He's been in prison since August 1997.

I have spent all of these years trying to show the world that there was something awfully wrong in the McCrady case. So far no one seems to care ..... except me. I still care. Not because I know McCrady, because to this day I have never in my life had a conversation (in any form, phone, written, spoken, etc.) with the man. I care simply because the evidence that I saw, and yes, I saw everything that was presented in the court room, and then, five years later read every interview; every court transcript, everything connected to the case. It was then that I knew I had to do whatever I could do because I honestly do not believe that Jenifer's killer has been found and charged with her murder.

In a way, I suppose some of it is selfishness, because if Jenifer's husband did not kill her, then the real killer is still out here with me --- and you --- and our daughters and granddaughters --- and he will kill again, and again, because that's what he is --- a killer.

Regardless, there was at least one person who wanted to testify in the McCrady case who wasn't allowed to testify. This alone should have merrited the man a new trial -- but it didn't.

There was another person who should have testified at that trial, but he didn't. He was never called, and I didn't learn of him until after the trial, he too should have been reason for a new trial --- but it wasn't.

The fact that Jackie's gun was taken away from the evidence pool and taken home with one of the officers and kept there for several house before being recovered by yet another officer, should have exempted that gun from the trial, especially in view of the fact that the barrell had been altered --- but it didn't, and this too should have been reason for a new trial --- but it wasn't.

Nothing has ever made any difference in the McCrady case. No one ever cared that none of the evidence gathered didn't match anything in the McCrady household.

No one even cared when former lead detective Dave Garvey got up on national tv and proudly proclaimed that they were unable to determine the murder site ---- after helping the prosecution to 'prove' to the jury that the murder occured in the McCrady home! Yes, I have copies of all the tv bullshit that Garvey and Georgia Rudolph spewed. By the way, Georgia Rudolph is now dead, and Garvey is no longer a police officer. Who cares? Not I.

Jackie McCrady's birthday is coming up in a day or so. He will be 48 years old. He is but three weeks older that my daughter Christina. I can't imagine how I would feel if Christina had been sitting in prison since she was 31 years old for a crime that any defense attorney worth powder and led to blow him to hell should have been able to have shown that she was not guilty.

Considering the hell I've raised in defense of a stranger, I suppose the world should really be glad that Jackie McCrady is not my son!