National security behind new murder trial of former Cisco employee
Today in a bizarre national security twist (see below), the North Carolina Court of Appeals has ordered a new murder trial for former Cisco employee, Brad Cooper, convicted 2-years ago of 1st degree murder.
Convicted of 1st degree murder, the Cisco CCIE status of Brad Cooper (a former Cisco employee) is currently inactive:
Today in a bizarre national security twist (see below), the North Carolina Court of Appeals has ordered a new murder trial for former Cisco employee, Brad Cooper, convicted 2-years ago of 1st degree murder.
Below is the bizarre national security twist of the 56-page Appeals Court ruling:
"Is that particular data in any way a jeopardy to national security if it was disclosed to us?
"But, Your Honor, there is a witness on the stand that can answer specifically whether this is an issue of national security.
"We're hiding behind national security on an issue where we could get a clear answer from a witness that this is not in fact a national security issue. And we're talking about a piece of information that could be exculpatory to Mr. Cooper.
"And there can be no national security issue here given we're talking about Mr. Cooper's computer alone and the data that was generated during their testing.
"It's the methodology that they used, I think, that falls under the security issue, but —
"But if I could ask Special Agent Johnson if he has any national security concerns related to that methodology, we might be able to determine that this one particular test is a legitimate one to be disclosed, that it will not actually disclose the missile codes.
"Asking Agent Johnson on voir dire about national security just seems wildly inappropriate to me, and then he wants to know exactly how every part of every test that Agent Johnson does can affect national security and that people could be put in danger.
"It was error for the trial court to shut down this line of questioning without ascertaining how, or if, national security or some other legitimate interest outweighed the probative value of this information to Defendant.
"On remand, the trial court must determine with a reasonable degree of specificity how national security or some other legitimate interest would be compromised by discovery of particular data or materials, and memorialize its ruling in some form allowing for informed appellate review.
