Trial - Ross Harris #9

Here. Dr. Diamond left his 6-month old grandson in the backseat, but his wife was with him. I see this as different from being the sole person responsible. When there are 2 adults, the responsibility is more diffuse. Also, there is no telling how long he would have forgotten. He may have remembered 2 minutes later. MOO.

http://m.arkansasonline.com/news/2016/aug/18/defense-expert-hot-car-death-trial-it-could-happen/

gitana1 said:

Well, to be fair, even if he was totally innocent, has enough stuff to make him look bad - the sexting, cheating, laziness- that he would make a very poor witness for himself.

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OH yes, I totally agree. Ross cannot take the stand. :no:

But I was just saying, in response to your earlier statement that defendants should not testify, that in cases where their defense is based upon them being TOTALLY INNOCENT of doing anything
wrong, and is based upon them being of sterling character, then they kind of have to take the stand, as shown in the previous FSB cases. So Ross is in a bind here. The defense his team is using , FSB, is usually set out in the trial with the expert and the defendant testifying as to the total innocence of the situation.

Paige SC said:

She was probably advised that having a pretend BF would make her bogus divorce more credible in the courtroom. Takes away the ability of the state to question the validity of her 'moving on with her life,' as well limits their ability to expose her as someone who would say almost anything to help her only true love and father of her dead son avoid accountability.

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Just to put it out there, in a facebook group I am in, a member posted a screenshot of a man in Alabama who is friends with Leanna on facebook and has his relationship status as "in a relationship with Leanna Mills Taylor" the hyperlink which of takes you to Leanna's facebook page.

Could be a conspiracy, maybe he's not in a relationship with her---but I think that would be a stretch.

I am surprised by the number of posters, myself included, who moved into the malice murder camp during the DT's witnesses.

Here's the one thing that I cannot overlook, and it relates to the amount of time that it took Ross to "forget" Cooper. I understand that things can be forgotten in less than a second, and I do believe that a child could be forgotten in a matter of seconds, in less than 30-40 seconds. However, here is why I believe that forgetting is inconsistent with Ross's movements on the morning of June 18. Ross and Cooper went to breakfast with each other. Despite how distracted Ross may have been at breakfast, this was not a passive activity. This activity required Ross and Cooper to go into CFA, eat, and then return back to the car. Ross then buckled Cooper into the car and allegedly give him one final kiss. I have never forgotten an activity that I just completed! For example, after my son's soccer game, I may get in the car and forget where are we headed, but I never forgotten that I just watched him play a game. I have reminders all around me - my son, the field, his coaches and fellow players, his outdoor smell, et al. This is no different than Ross.

As a resident of Atlanta, I can personally attest to the fact that it was hotter than hell on June 18. It was also excessively humid. The weather conditions from that day are seared into my mind because of Cooper's death. If it took Ross two minutes to buckle Cooper into his car seat (as it did on a previous occasion), Ross would have been hot and likely sweaty when he got back in the front seat. His temperature was another cue/trigger that he had just eaten breakfast with Cooper. Ross had a series of constant triggers from the time he pulled out of CFA until he missed the turn lane - Ross's temperature, the CFA building itself, and LAA. At the traffic light, Ross then responded to a woman who was complaining about feeling unappreciated as a mother and a spouse. There's another trigger. Ross drives by Cooper's pediatrician's office. Another trigger. Ross then arrives at work and grabs his CFA cup. Another trigger. And Ross does not pick up a CFA bag containing food. That should have been another trigger. By the time that Ross got out of the car, the number of triggers is alarming. However, I cannot overlook the fact that Ross forgot while a trigger was present. When taken in tandem with the fact that Ross forgot the activity, one which required him to interact with his environment, that he just completed, forgetting is not reasonable.

This can be added to 30+ other items from this case that don't make sense (one of these days I will put together a comprehensive list).

LibertyandJustice4 said:

I have a psychology degree and I have a really hard time wrapping my brain around FBS. I've heard better theories on why we forget objects or forget what we go into the kitchen for, and a baby is so different. I can see it happening for a moment or two or when it's another caregiver other than the primary caregiver(s), but the false memory and forgetting all day long? I have a really hard time with that. Especially because it seems to happen primarily in the summer and not the winter. I've never heard of a baby dying from hypothermia because someone forgot it in the car. How many parents have gone outside in October when the weather is nice and realized they left their child in the car all day? I know we probably wouldn't hear about those cases, but it does seem odd that it's not a thing at all. And the vast majority of stressed out parents who don't forget their kids just make it such a statistical rarity that I am skeptical. I've read the articles and it may be true, but it does seem like a theory without much evidence to back it up.

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Every state in the union gets hot enough to kill a child in a car. Many states do get cold enough that a person could freeze to death in a car. Also, the difference in length of day may play a part, between winter and summer.

LibertyandJustice4 said:

Not aimed at you, Paige SC, just jumping off your post, but someone who is co-dependent will continue to be co-dependent. I can see a new relationship. A new relationship that's healthy? Doubtful. Imo.

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Sure, that's possible under normal circumstances. I'm just in the camp who believes the entire divorce and subsequent new relationship is a defense strategy. Pretty good one too, I might add. Had she not waited so long to do it and had she not testified on (only) his behalf, I might have even bought it.

FWIW. My DH is a trial attorney (civil). The corporate defendants he goes up against have very deep pockets. The resources available to DH's firm aren't equivalent, but neither are they insignificant. Resources may be a significant variable in this discussion about Diamond, but when I subjected him to a discussion about Dr. D, one of his immediate responses was he thought it highly unlikely that the DT could have been caught off guard by anything in that FBI file, that it would have been a failure of basic due diligence not to have researched every available bit of writing by Dr. Diamond that could have been known by the State.

His only thought, if it could be demonstrated that receipt by the DT of the FBI file was somehow pivotal in the DT's decision not to call Diamond, was that the FBI material could have included unpublished material by Diamond that the DT hadn't known about or been told about by Diamond. Unlikely, but possible.

I want to reiterate something about the DT's witness situation. The witness with the 50 slides was preparing to take the stand before lunch! (S)he was preparing to be called when MK stated that he needed a few minutes to get the electronic equipment ready. That is when Judge Staley looked at her watch and decided to call for a lunch break. After lunch, the witness was no longer needed.... not on that day and not on any other day either. The DT then announced that they would rest after calling only one more witness, a witness whose testimony would be wrapped up by noon the next day.

There was a watershed moment that occurred during lunch on Thursday. The DT had planned to have a witness take the stand before lunch, and (s)he was no longer needed (or wanted) after lunch. Additionally, there had to be at least one other witness who was scheduled to take the stand on Friday since MK stated on Wednesday that he would have two full days of witnesses.

Have any of you all wondered just HOW MUCH Ross might have been neglecting Cooper? I would think that sexting on the level he did left little time to attend to an active playful toddler. Cooper also seemed, at least to me, to have unusual sleeping patterns that caught my attention. Falling asleep in his high chair while eating. LeAnna said he hadn't slept well for a couple of nights but when placed in their bed he went back to sleep, sort of like maybe he was used to being in the bed with Dad and being ignored. I realize I my be stretching here.

NCTeacher said:

Just to put it out there, in a facebook group I am in, a member posted a screenshot of a man in Alabama who is friends with Leanna on facebook and has his relationship status as "in a relationship with Leanna Mills Taylor" the hyperlink which of takes you to Leanna's facebook page.

Could be a conspiracy, maybe he's not in a relationship with her---but I think that would be a stretch.

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I absolutely believe she is in a "real" relationship but it's only purpose is to help RH.

GA_Peach said:

I am surprised by the number of posters, myself included, who moved into the malice murder camp during the DT's witnesses.

Here's the one thing that I cannot overlook, and it relates to the amount of time that it took Ross to "forget" Cooper. I understand that things can be forgotten in less than a second, and I do believe that a child could be forgotten in a matter of seconds, in less than 30-40 seconds. However, here is why I believe that forgetting is inconsistent with Ross's movements on the morning of June 18. Ross and Cooper went to breakfast with each other. Despite how distracted Ross may have been at breakfast, this was not a passive activity. This activity required Ross and Cooper to go into CKA, eat, and then return back to the car. Ross then buckled Cooper into the car and allegedly give him one final kiss. I have never forgotten an activity that I just completed! For example, after my son's soccer game, I may get in the car and forget where are we headed, but I never forgotten that I just watched him play a game. I have reminders all around me - my son, the field, his coaches and fellow players, his outdoor smell, et al. This is no different than Ross.

As a resident of Atlanta, I can personally attest to the fact that it was hotter than hell on June 18. It was also excessively humid. The weather conditions from that day are seared into my mind because of Cooper's death. If it took Ross two minutes to buckle Cooper into his car seat (as it did on a previous occasion), Ross would have been hot and likely sweaty when he got back in the front seat. His temperature was another cue/trigger that he had just eaten breakfast with Cooper. Ross had a series of constant triggers from the time he pulled out of CFA until he missed the turn lane - Ross's temperature, the CFA building itself, and LAA. At the traffic light, Ross then responded to a woman who was complaining about feeling unappreciated as a mother and a spouse. There's another trigger. Ross drives by Cooper's pediatrician. Another trigger. Ross then arrives at work and grabs his CFA cup. Another trigger. And Ross does not pick up a CFA bag containing food. That should have been another trigger. By the time that Ross got out of the car, the number of triggers is alarming. However, I cannot overlook the fact that Ross forgot while a trigger was present. When taken in tandem with the fact that Ross forgot the activity, one which required him to interact with his environment, that he just completed, forgetting is not reasonable.

This can be added to 30+ other items from this case that don't make sense (one of these days I will put together a comprehensive list).

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Well, done, Lady Peach. I knew that CFA intersection had been pestering and pursuing you since Day One. BTW, I read a June 2014 NG transcript where she describes JRH's drive out of CFA and thru the intersection that is different from what I've been thinking. NG mentions a street that JRH drove along to exit CFA. More interesting was the interview with an eye witness whose description of what happened was total sensationalism.

one of these days I will put together a comprehensive list

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We are eagerly anticipating Peach's Burden of Proof.

GA_Peach said:

I want to reiterate something about the DT's witness situation. The witness with the 50 slides was preparing to take the stand before lunch! (S)he was preparing to be called when MK stated that he needed a few minutes to get the electronic equipment ready. That is when Judge Staley looked at her watch and decided to call for a lunch break. After lunch, the witness was no longer need.... not on that day and not on any other day either. The DT then announced that they would rest after calling only one more witness, a witness whose testimony would be wrapped up by noon.

There was a watershed moment that occurred during lunch on Thursday. The DT had planned to have a witness take the stand before lunch, and (s)he was no longer needed (or wanted) after lunch. Additionally, there had to be at least one other witness who was scheduled to take the stand on Friday since MK stated on Wednesday that he would have two full days of witnesses.

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RBBM

Wouldn't this witness be Dr A?

GA_Peach said:

I want to reiterate something about the DT's witness situation. The witness with the 50 slides was preparing to take the stand before lunch! (S)he was preparing to be called when MK stated that he needed a few minutes to get the electronic equipment ready. That is when Judge Staley looked at her watch and decided to call for a lunch break. After lunch, the witness was no longer need.... not on that day and not on any other day either. The DT then announced that they would rest after calling only one more witness, a witness whose testimony would be wrapped up by noon.

There was a watershed moment that occurred during lunch on Thursday. The DT had planned to have a witness take the stand before lunch, and (s)he was no longer needed (or wanted) after lunch. Additionally, there had to be at least one other witness who was scheduled to take the stand on Friday since MK stated on Wednesday that he would have two full days of witnesses.

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YESSSS. That is the mysterious part, imo. That I heard him myself, telling the judge about the 50 slides, and the need to set up the electronics....then *crickets.* ....

LibertyandJustice4 said:

Not aimed at you, Paige SC, just jumping off your post, but someone who is co-dependent will continue to be co-dependent. I can see a new relationship. A new relationship that's healthy? Doubtful. Imo.

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I agree, I think Leanna was heavily co-dependent upon Ross. Her desperation to get pregnant was probably a means by which she planned to keep Ross from leaving her (as he was already having fidelity issues, though allegedly not physical in nature). It certainly explains her behavior on June 18th, 2014. Her top priority it seems was to get to Ross, not in order to find out what happened (detective told her that, and she didn't ask Ross about what happened) but to support Ross (and do a relationship status check now that the glue holding the marriage together was gone--can we have more kids??). By her demeanor on the stand, I believe she has taken no pleasure out of Cooper's death, struggles still to come to terms with it, and cared for him enormously---but I think her top priority in the family was Ross. I won't chastise her for this, when I was 21 and had our first child, my husband was still my top priority---as I MATURED emotionally and had more children--the priority shifted, I'd say by age 26. I am one year younger than Leanna and she was 29 when this happened--perhaps the emotional roller coaster which constituted her marriage prevented emotional maturation.

Hope4More said:

On Oct 20, the State told the Court it would give the FBI notebook to the DT. This came after Kilgore argued Brady violation, the State said it wasn't obligated to turn over material it used to prepare for witness testimony, and Staley agreed with the State, shrugged, and told Kilgore the LE witness the State needed the FBI materials to prep would be testifying on Thursday, which gave Kilgore plenty of time to catch up.

The State did not turn over the material on the date indicated. Kilgore brought that fact up, essentially as a polite question - you said you would and didn't, may I inquire as to when you might do so? Evans replied with a - oh my, I've been so busy, I honestly just forgot. I'll get that to you tomorrow, 2 days, tops. Staley chimed in - next time work it out yourselves, don't bring it up to me.

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If it matters, this happened on Monday morning first thing before jurors were brought into the CR.

Kilgore brought that fact up, essentially as a polite question - you said you would and didn't, may I inquire as to when you might do so? Evans replied with a - oh my, I've been so busy, I honestly just forgot. I'll get that to you tomorrow, 2 days, tops.

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Then, after releasing the jury for their break on Wed morning, Boring hopped over to the bench as he announced he had the SEALED envelope containing the DTs requested data. It was given to the Court Reporter. The judge asked the lawyers how they wanted it labeled. Kilgore did not care at that point and said it didn't matter. Finally, the Judge decided it would become a court exhibit that would not dare go to the jury.

How does the DT know what information was inside of the sealed envelope and when did they know it?

We know the FBI file had statements made by the defendant to Dr. D. and another time to Dr A. Why did the FBI need to read, examine, investigate, and opine on those statements made by JRH?

My prediction is that the jury will find RH guilty on all counts. From reading posts here the defense strategy backfired and instead of creating reasonable doubt it created the opposite.

The jury saw the car with the car seat in it up close, viewing it from every angle, up close and from the drivers seat. They could see the car seat that held Cooper clearly inside the car.

I feel that this jury will see RH as a horrible, despicable person who needs to be punished severely for the rest of his life. They will wonder why he didn't stand before them and explain to them what happened and why he is innocent. JMO.

For those who think this was malice murder, do you wonder what RH was doing for those 30 seconds before exiting his car & going into work?

Provided he wasn't sexting at that exact moment, I wouldn't be surprised if he was telling his son that he was sorry for what he was about to do, but to be strong & hopefully it wouldn't take long.

Yes, I believe he's just THAT horrible of a human being.

DeDee said:

If it matters, this happened on Monday morning first thing before jurors were brought into the CR.



Then, after releasing the jury for their break on Wed morning, Boring hopped over to the bench as he announced he had the SEALED envelope containing the DTs requested data. It was given to the Court Reporter. The judge asked the lawyers how they wanted it labeled. Kilgore did not care at that point and said it didn't matter. Finally, the Judge decided it would become a court exhibit that would not dare go to the jury.

How does the DT know what information was inside of the sealed envelope and when did they know it?

We know the FBI file had statements made by the defendant to Dr. D. and another time to Dr A. Why did the FBI need to read, examine, investigate, and opine on those statements made by JRH?

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Just on one point...the FBI file didn't have those statements by RH, or if it did, they were a copy of the statements given to the FBI ** by the State; the DT turned over Dr. D's notes to the State the first days of trial, 10 court days before Kilgore asked for the FBI file to be turned over.

** are we even sure the FBI file indicates any involvement of any kind by the FBI? I seem to remember the only connection was that the LE testifying (that the file seemed to be linked to) had once worked for the FBI.

RANCH said:

My prediction is that the jury will find RH guilty on all counts. From reading posts here the defense strategy backfired and instead of creating reasonable doubt it created the opposite.

The jury saw the car with the car seat in it up close, viewing it from every angle, up close and from the drivers seat. They could see the car seat that held Cooper clearly inside the car.

I feel that this jury will see RH as a horrible, despicable person who needs to be punished severely for the rest of his life. They will wonder why he didn't stand before them and explain to them what happened and why he is innocent. JMO.

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What is YOUR opinion, and did the defense provide you grounds for reasonable doubt?

Personally, I think the DT disproved prior intent, that Brewer's testimony made FBS possible up until the time RH walked into work and beyond, BUT that a jury could still support a conviction on malice murder ( lengthy argument on that to follow ).

minor4th said:

Well there could be many reasons. But in this case, there were several interviews and recordings of Ross right after the event and for the next several hours. Because of those recordings, we/the jury/experts, etc. know what his state of mind was and what his account was. This was unique to this case because in the other cases, the defendants were not arrested and interrogated right away.

Honestly, there would be no reason at all for Ross to have to testify and explain what happened because it's already known.

Do you recall how enthusiastic Kilgore was when the state sought to introduce those recordings? That clenched it that Ross would not testify. I doubt very seriously Diamond's testimony hinged on Ross testifying.

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l

Except those recordings made him seem suspicious and bizarre...taking the stand could have changed that perception and he could have tried to connect to the jury.