COOPER HARRIS, 2, DIES IN HOT CAR: JUSTIN HARRIS CHARGED WITH MURDER

[ScientistsCanvas]

Thanks HOTD!
See, here’s the thing. If parents came to me for an installation check, and their child were Cooper’s age, I would strongly recommend that they turn him back rear facing. The AAP, NHTSA, and other pertinent organizations all recommend rear-facing until at least age 2, and longer if they haven’t outgrown the limits of the seat (many will rear face until 40lbs and 40inches, so most kids will be 3-4 before outgrowing). As for the straps, when rear-facing the straps MUST come from below the child’s shoulders or directly at the shoulders, never above - as that would allow the child to ramp up the back of the seat on impact which risks head injuries or possible ejection. SO…if I did a check and instructed parents to turn their child back to rear facing, and to make sure the straps came from below the shoulder…I could potentially see this situation (with the seat only - not the entire situation) happening. Now, without knowing what seat he was in, I can’t say for certain… if it was an infant seat he definitely had outgrown it. If it was a convertible seat (can rear face or forward face), it’s possible that he was within the rear facing limits still, even if the straps weren’t adjusted properly.
HOWEVER…I’m of the belief that Justin Ross Harris is guilty as sin.

[HairOfTheDog]

That's interesting information, Scientists. I don't know much about car seats myself, but I can see your point.

There could be reasons (other than a premeditated attempt to explain why he couldn't see his son) that Harris was using that old car seat with that level of strap adjustment. I hope the make/model of the seat is released to the public -- I'd be interested in hearing from you whether the seat and strap settings are actually recommended and/or common practice once we know the seat specs.

It could be that some of the points cited in the probable cause document and hearing have since been investigated and deemed to have reasonable non-incriminating alternate explanations -- maybe the car seat is one of them. If there are other probable cause justifications that also don't support an intentional murder charge, it could explain why the death penalty was taken off the table.

Law enforcement hasn't amended the charges or given any details about why they've chosen not to pursue a capital case, so I'm just speculating. There could be other reasons (unrelated to evidence) why LE chose to drop the death penalty option so quickly.

[HairOfTheDog]

PRE-TRIAL MOTIONS



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

[ramseycat]

There has been so much media coverage down here already, closing the court room now won't make a difference. He is going to need a change of venue. It's going to be tough to find an impartial jury. EVERYONE thinks he's guilty.

[HairOfTheDog]

I'm curous why you think the fact that everyone you know thinks he's guilty would mean that Harris should get a change of venue, rams.

The case was covered nationally and it's still getting national coverage. I don't see how moving the trial to the next county would make any difference.

People like OJ Simpson, Casey Anthony, Jodi Arias, George Zimmerman, D Tsarnaev, James Holmes...got fair trials without venue changes. Generally speaking, "everyone thought they were guilty" too. Not all of the local juries in those cases agreed with "everyone" however.

For me, a fair trial can be had if the jury screening is tight, the jury instructions are solid, and/or the jury is sequestered.

[ramseycat]

In the Atlanta region, this story has been on the news non stop. I wouldn't move it to the next county. But perhaps a few hours away? Out in a more rural area where the story might not have been on their local news as much. I would hope they can find people that can stick with just the facts presented at trial. I know I would have a hard time not considering all the info from the media. I probably shouldn't assume everyone would be that way. I just look at his stupid baby face and want to hit him with a shovel.

[HairOfTheDog]

Justin Ross Harris was indicted on 8 new charges yesterday.

He's already facing felony murder and child abuse charges in the 2014 hot car death of his toddler son. Prosecutors contend he intentionally killed the boy in order to live a child-free life.

He was also originally charged with sexual exploitation for sending nude photos to one of the women he was sexting: she was underage.

The additional charges reportedly stem from further forensic investigation of his electronic devices. He faces 2 new charges of sexual exploitation, and 6 charges of dissemination of harmful materials for possessing photos of underage girls performing sexual acts.

Harris' trial is (finally) scheduled to begin in April.

Ref: http://news.yahoo.com/charges-georgia-ma...48593.html

[Duchess]

After reading that ^^^^^ I got curious about his wife so I went looking for some info. She has filed for divorce but that only happened very recently, less than a month ago. I'm wondering how she justified not doing that before now.

[HairOfTheDog]

That's an about face and very interesting Duchess!

She was such an ardent defender of her husband.

I wonder if she learned some things from investigators that led her to believe he's guilty and if she will be testifying for the prosecution on issues not covered by marital privilege?

[HairOfTheDog]

Jury Selection Began Today

It'll be two years in June since 2-year-old Cooper Harris died in the back of his father's SUV. Jury selection in the murder trial of his father, Justin Ross Harris, began today.

The extensive local and national news coverage of the case from the beginning will make it extremely difficult to find jurors who haven't heard or read about it. Defense attorneys have already asserted in pretrial hearings that some of the media coverage has been sensationalist and misleading and could cause potential jurors to come in with a negative view of their client.

It's not necessary for a juror to have heard nothing about the case, said University of Georgia law professor emeritus Ron Carlson, who's not involved in the case but has followed it from the beginning.

"They may be informed about the case, but the disqualifier is that that knowledge has caused them to form a fixed opinion about guilt or innocence," he said.

Full story: http://www.cbsnews.com/news/jury-selecti...n-georgia/

[HairOfTheDog]

In the Atlanta region, this story has been on the news non stop. I wouldn't move it to the next county. But perhaps a few hours away? Out in a more rural area where the story might not have been on their local news as much. I would hope they can find people that can stick with just the facts presented at trial. I know I would have a hard time not considering all the info from the media. I probably shouldn't assume everyone would be that way. I just look at his stupid baby face and want to hit him with a shovel.

Looks like the judge agrees with you, rams, or she feared there was a strong enough argument to risk appeal.

Snip:
After three weeks of more than 80 prospective juror interviews, a judge has ruled a change in venue for the murder trial of Justin Ross Harris.

The defense filed a motion for a change of venue Friday afternoon, about three weeks into jury selection.

Forty-one local residents had been qualified to serve on the jury, but five have already stated their belief in Harris' guilt. The court needs one more juror from which to select a panel of 12 plus four alternates.

Jurors will decide if 22-month-old son Cooper Harris died of heatstroke in a closed-up and unbearably hot car because his dad forgot to take him to daycare – or if it was a deliberate and cruel murder by design, carefully researched and planned
Once a county in Georgia has been selected, a fresh jury pool will be summoned and the process begins anew.

Despite her final ruling, Judge Staley said moving the trial would be expensive and complicated, with the potential to find themselves in a courtroom with no security, air conditioning, or nearby hotels to accommodate the large number of people who would be housed for as long as six weeks.

Both prosecution and defense as well as judge and court staff will need to stay wherever the new location is for the duration of the trial and may get weekends off, the court heard today.

Brunswick, Georgia was put forward as a potential option but the court will decide on a new location over the next few days.


Ref: http://www.dailymail.co.uk/news/article-...z47X5FsWyU

[ramseycat]

All this time and money wasted only to move the trial. They knew in the first few days it would be impossible to find a jury in Cobb county.

[Duchess]

Many people never have a problem wasting someone else's money.

[HairOfTheDog]

Trial Underway

Ross Harris' trial was moved about 300 miles southeast of Atlanta to the coastal city of Brunswick, Georgia.

After jury selection resumed last month, the pool was narrowed Monday down to 12 jurors and four alternates.

Opening statements began today. Harris faces up to life in prison if convicted.

The prosecution told jurors that Ross Harris led a double life, was engaged in many sexual affairs including with prostitutes and teens, and that he intentionally left little Cooper in the hot car two years ago because he didn't want the responsibilities of family life.

Tomorrow, the Defense will make its opening statements.

The trial is expected to take at least a month.

Story: http://www.cbsnews.com/news/justin-ross-...uble-life/

[HairOfTheDog]

The Defense

Looks like Ross Harris' now ex-wife, Cooper's mom, is going to be central to his defense.



Snip:
Defense attorney Maddox Kilgore made his opening statement in Harris’ murder trial today. Prosecutors argue Harris intentionally left his 22-month-old son Cooper in the SUV in June 2014 as he sought to escape the responsibilities of family life and focus on sexual liaisons with prostitutes and young women - even teenagers - he met online.

Tuesday, Kilgore admitted that Harris committed “sexual sins,” and argued that although there’s no doubt Harris is responsible for the boy’s death, he is not a criminal.

“Ross’s sex life, no matter how perverse and nasty and wrong … doesn’t have a thing to do with the fact he forgot that little boy,” he said, according to the Atlanta-Journal Constitution.

Kilgore said Leanna Harris will tell jurors that prosecutors “got it wrong.” He said that though Leanna Harris will testify that her former husband was unfaithful to her in their marriage, she will say that the man “loved that little boy more than anything in the world.”

“She’s going to tell you he was a wonderful father – a woman who’s got every reason in the world to despise his guts,” Kilgore said.

Prosecutor Boring (what a name) said Harris shed “not a tear” when he was being questioned by police after his son died, and complained to officers.

“Is he screaming, ‘Can I see my son? What is going on here?’” Boring said. “No. He complains that it’s hot in the back of the patrol car.”

But Kilgore countered, showing jurors of video of Harris in a police interview room after the boy’s death, apparently sobbing and wailing, “What have I done?”

Harris grew emotional in court as his lawyer spoke, wiping tears from his eyes.

Full story: http://www.cbsnews.com/news/georgia-hot-...o-testify/

[HairOfTheDog]

Where's ramsey these days? I wonder what she and people in her neck of the woods are saying about the case at this point.

I don't have any idea about which way the verdict will go on this one. I think it's gonna be fairly easy to get convictions on child neglect and the underage sex charges, but it might be difficult to prove beyond reasonable doubt that Ross Harris intentionally killed his son in a hot car because he's a disgusting perv.

Yesterday, the jury was shown photos of Cooper's body after he was pulled from the car. Witnesses described the little boy as being in rigor, the intense smell of urine and decomp, and Ross Harris seeming fake at the scene and being combative with police. Those comments, however, were not noted in original police reports.

I understand how/why some people forget their children in cars from reading about many such cases over the years. However, I have a hard time understanding how Ross Harris put something in the same car four hours later without it triggering his recollection about that morning or noticing his son in there. And, I really don't understand how he could have driven some distance down the road at the end of his workday without smelling the urine and decomp. He should have smelled it immediately upon opening the door; the dead baby had been in that car in the Georgia heat for many hours by then.

The trial was put on hold until October 10^th due to the storm. I'm really interested to hear what the defense has to say about that those issues when the trial resumes, along with the allegations that Harris and his wife had researched hot car deaths on the internet.

Latest:
http://www.cbsnews.com/news/justin-ross-...om-photos/
http://www.11alive.com/news/local/ross-h.../329242185

[ramseycat]

I'm around. Everyone around here thinks he's guilty. I'm surprised they were able to seat a jury at all. Even 300 miles away.

[HairOfTheDog]

Thanks, ramsey. You're so quiet lately; hope the new job and the family are well.

It'll be interesting to hear Leanna's testimony. When I first learned that she'd filed for divorce after so fully supporting Ross, I kinda figured she'd be a witness for the prosecution.

But, sounds like she's set to be the star witness for the defense instead.

[ramseycat]

Thanks, ramsey. You're so quiet lately; hope the new job and the family are well.

It'll be interesting to hear Leanna's testimony. When I first learned that she'd filed for divorce after so fully supporting Ross, I kinda figured she'd be a witness for the prosecution.

But, sounds like she's set to be the star witness for the defense instead.

I'm sure she wants to believe he's innocent. It has to be hard to grasp that your husband killed your child. I think she got divorced because of all of this running around and Sexting with underage girls.

[HairOfTheDog]

You're probably right, she most likely does believe he could never kill their child intentionally.

It did cross my mind though that maybe the only reason she got a divorce was to seem more credible as a witness for the defense and help get him off the hook for murder.

It was originally reported that she was aware of at least some of his infidelities before Cooper died, but I don't know if that included the underage part or if she knew the volume of women he was hitting on. I could see those points being a marriage deal-breaker.