09-15-2015, 09:16 PM
PRE-TRIAL MOTIONS
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Defense Motion to Suppress Statements - Denied
Statements made to police by Justin Ross Harris, a Georgia man accused of killing his toddler son by leaving him in a hot vehicle last summer, in the aftermath of the child's death will be allowed at trial.
The statements gathered by the first officer were made during the initial on-scene investigation, and the statements gathered by the detective were unsolicited responses to a statement by the detective, Cobb County Superior Court Judge Mary Staley said. Anything said in either of those circumstances is admissible, she ruled.
Defense Motion to Keep Media out of Court - Denied
Because of extensive local and national media coverage of the case, any contested arguments and evidence presented during pretrial proceedings, even some that ultimately won't be admitted at trial, will enter the public domain, which could prejudice potential jurors in the case, defense attorney Maddox Kilgore argued.
Tom Clyde, an attorney for The Associated Press and several other media organizations, argued courts have held that an open courtroom is a cornerstone of the judicial system. Courts in the metro Atlanta area have repeatedly handled high-profile cases that garnered intense media attention without the closure of pretrial hearings, Clyde added.
Assistant District Attorney Chuck Boring said the prosecution didn't really have much of a stake in the argument over closing the hearings, but said he didn't think the defense had met the high burden necessary to close the courtroom.
On Monday, the judge refused the defense's motion to bar the news media from the courtroom during pretrial hearings in the case. Judge Staley said defense arguments to close the hearing did not outweigh the value of open proceedings.
STATUS:
-Justin Ross Harris has pleaded not guilty to the murder of his 2-year-old son.
-He does not face the death penalty if convicted.
-His attorney wants the underage sexting charges separated from the murder charge.
-So far, no change of venue has been granted.
Judge Staley said she plans to set a trial date in the case at another motions hearing set for Oct. 12.
Refs:
http://www.cbsnews.com/news/georgia-fath...rder-case/
http://www.al.com/news/birmingham/index....rt_to.html
Defense Motion to Suppress Statements - Denied
Statements made to police by Justin Ross Harris, a Georgia man accused of killing his toddler son by leaving him in a hot vehicle last summer, in the aftermath of the child's death will be allowed at trial.
The statements gathered by the first officer were made during the initial on-scene investigation, and the statements gathered by the detective were unsolicited responses to a statement by the detective, Cobb County Superior Court Judge Mary Staley said. Anything said in either of those circumstances is admissible, she ruled.
Defense Motion to Keep Media out of Court - Denied
Because of extensive local and national media coverage of the case, any contested arguments and evidence presented during pretrial proceedings, even some that ultimately won't be admitted at trial, will enter the public domain, which could prejudice potential jurors in the case, defense attorney Maddox Kilgore argued.
Tom Clyde, an attorney for The Associated Press and several other media organizations, argued courts have held that an open courtroom is a cornerstone of the judicial system. Courts in the metro Atlanta area have repeatedly handled high-profile cases that garnered intense media attention without the closure of pretrial hearings, Clyde added.
Assistant District Attorney Chuck Boring said the prosecution didn't really have much of a stake in the argument over closing the hearings, but said he didn't think the defense had met the high burden necessary to close the courtroom.
On Monday, the judge refused the defense's motion to bar the news media from the courtroom during pretrial hearings in the case. Judge Staley said defense arguments to close the hearing did not outweigh the value of open proceedings.
STATUS:
-Justin Ross Harris has pleaded not guilty to the murder of his 2-year-old son.
-He does not face the death penalty if convicted.
-His attorney wants the underage sexting charges separated from the murder charge.
-So far, no change of venue has been granted.
Judge Staley said she plans to set a trial date in the case at another motions hearing set for Oct. 12.
Refs:
http://www.cbsnews.com/news/georgia-fath...rder-case/
http://www.al.com/news/birmingham/index....rt_to.html