GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #13

[gritguy]

Are there any Lawyers in our midst? Does anyone know the specific charges at this time? If we are waiting for a grand jury indictment then we do not know what the actual charges will be, but as of now if I knew the specific charges I can look up Georgia law to find out if criminal intent or specific premeditation is a element that must be proved to the judge or jury? Help me! Anybody know????? MOO

The way it is now they must show that the harm to Cooper was the result of criminal negligence. If they show that, because Cooper died during the commission of that felony, RH can be held guilty of felony murder.

Intent is relevant, because it makes it a slam dunk. Recklessness or knowing indifference would get you there too. But the jury - the fact-finders - will be asked to consider as a reasonable person whether RH was criminally negligent which is “an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby.” OCGA 16-2-1

 

[cluciano63]

This is JMO only, but I would really need to have "intent" on the table to put someone in prison for life, or worse. I do not understand "criminal negligence" and how that excludes intent, I guess. Isn't a criminal act intended? Is it like killing someone with a punch, but not meaning to? If so, that is usually second-degree murder, not a DP case or LWOP. Anyway...the very worst, horrible premeditated acts are usually, IMO, those facing ultimate punishments. This IS that, if he intended to kill Cooper. But I would need to have that proven beyond reasonable doubt and be a part of the charges.

Anyway...JMO

 

[Karmady]

I'm re-watching the hearing now...about half-way through, defense up next. Just paused it so I can walk and feed my dog. And, hey, while I'm at it, I should probably eat too, lol. Anyway...

I'm watching at: http://www.wildabouttrial.com/one_off/misc-courtroom-video-archive/

Detective Stoddard's testimony about lunchtime/lightbulbs starts at approx. 25:00-26:00. In this video version of the hearing, the camera is NOT on the Detective when he testifies that JRH "turns his head", so you don't see him (det. stoddard) looking or turning towards the judge. I see this was being discussed, and since I just watched, thought I would l share that.

It's on one of the versions of the video b/c I've seen it. You're right, it's not on WAT, though.

 

[cady]

For the pastor at Cooper's funeral to talk about Abraham sacrificing Isaac, especially in light of what Harris has been charged with, is in extremely poor taste. Yes, God stopped Abraham's hand before he killed his son, but still. Cooper is dead, by his "father's" hand.

MOO

And Ross and Cooper are were respectively REAL in the flesh people. MOOO

 

[Linda7NJ]

The thought of a park quicky with his soft, squishy, hairless body is vomit-inducing.

He's hairless?
From manscaping? Nair? Shave? What?????

Would be like a bald opossum ...in a justin Bieber doo...shiver....


Sent from my iPhone using Tapatalk

 

[gritguy]

This is JMO only, but I would really need to have "intent" on the table to put someone in prison for life, or worse. I do not understand "criminal negligence" and how that excludes intent, I guess. Isn't a criminal act intended? Is it like killing someone with a punch, but not meaning to? If so, that is usually second-degree murder, not a DP case or LWOP. Anyway...the very worst, horrible premeditated acts are usually, IMO, those facing ultimate punishments. This IS that, if he intended to kill Cooper. But I would need to have that proven beyond reasonable doubt and be a part of the charges.

Anyway...JMO

The way it is set up they don't have to show any planning or intent of murder. Just that RH seriously harmed Cooper through criminal negligence. That makes him guilty of a felony. Then, they bootstrap to murder through the felony murder statute which basically says if someone dies as a result of a felony you are committing, you're guilty of murder.

ETA: I wish I knew how to link to posts outside the thread. Anyway, gitana1 lays out a great line of reasoning of the charges, how they may be considered, and how the state may try to prove them on page 2 of the sunday jury thread.

 

[popsicle]

It's on one of the versions of the video b/c I've seen it. You're right, it's not on WAT, though.

Were you possibly watching it on myfoxatlanta? I know I was.

 

[DeDee]

RSBBFF

I am still troubled by the reports that RH drove the opposite direction from his home after leaving HD at 4:16. This confuses me because the movie and home were both in the same direction from work. So what was in the opposite direction?

RSBBFF

Will someone please take the time to explain to me RHs known pathway to where he stopped his vehicle after "noticing" Cooper? What I am troubling w/ is this "he traveled in the opposite direction of home and the movie" when departing HD. TIA

Also, that morning when departing CFA, he turns right and should have eased into the far left lane of the four-lane to turn left toward LAA. Instead, RH proceeds in the Straight Only Lane toward the TreeHouse. Is that correct?

moo and all that jazz

 

[fruity]

I'm reluctant to link to this article because it is poorly written but there is a great quote.

http://www.news.com.au/world/expert...-his-fathers-car/story-fndir2ev-1226986728238

Professor Bruce Stevens of the University of Canberra, who has worked in therapy with murderers, says a deliberate act is often the desperate solution to another problem.
He says: “That would be my experience of criminals: people are dumb and impulsive and make terrible mistakes.
“And for many of us, there would have been moments where we’ve made bad decisions which could have had catastrophic effects but for the grace of God, they didn’t.
“Criminals tend to make long chains of bad decisions and end up in the most desperate place. They don’t actually think about consequences.”

 

[Nana46]

But if he was planning a hookup why didn't his defense bring it up at the probable cause hearing? That would point to him accidentally forgetting Cooper. It would be bad for RH, sure, especially if it involved a minor but he wouldn't face the DP because of it. It would be his first offense (AFAIK) and he might even have gotten off with probation.

Of course, given his lies and stupid actions who knows what RH disclosed or witheld from his lawyer. I do wonder though why he left early after telling his friends he'd be late.

Apparently in their world (RH and his DA) sexting and affairs,etc. must be worse to deal with than death of his child (IMO). Why didn't they bring it up indeed....they were not expecting anyone to know about it, at least I doubt the DA knew about it. Too bad so sad the whole world knows now.

 

[Karmady]

To put it bluntly, yes, I think the man was about to puke all over himself - I think he knew at some point on that drive he was not going to make it to the theatre. Getting out of your car puking from the overwhelming odor of death and perhaps feces associated with you slow roasted child did not align with his vision of how things needed to play out IMO.

Surely he could've breathed through his mouth if he were really on a mission, no?

 

[Karmady]

Will someone please take the time to explain to me RHs known pathway to where he stopped his vehicle after "noticing" Cooper? What I am troubling w/ is this "he traveled in the opposite direction of home and the movie" when departing HD. TIA

Also, that morning when departing CFA, he turns right and should have eased into the far left lane of the four-lane to turn left toward LAA. Instead, RH proceeds in the Straight Only Lane toward the TreeHouse. Is that correct?

moo and all that jazz

Detective Stoddard testified that he was travelling on the route to the movie. I just listened to it today.

 

[Karmady]

Were you possibly watching it on myfoxatlanta? I know I was.

Live or video? I was definitely watching it like last night/this morning. I'm starting to think maybe I dreamt it lol

 

[sunflowerchick]

Sorry if I am a bit behind, but did we ever find out about the 2nd PD investigating RH? I know this was mentioned, I think yesterday but I don't recall if anything else has been said about it.

 

[tlcya]

Will someone please take the time to explain to me RHs known pathway to where he stopped his vehicle after "noticing" Cooper? What I am troubling w/ is this "he traveled in the opposite direction of home and the movie" when departing HD. TIA

Also, that morning when departing CFA, he turns right and should have eased into the far left lane of the four-lane to turn left toward LAA. Instead, RH proceeds in the Straight Only Lane toward the TreeHouse. Is that correct?

moo and all that jazz

I can help with the BBM portion of yours. the answers to the rest are scattered about this forum in countless threads but a look at the transcripts and video of the probable cause hearing will help with those

Sources tell FOX 5 police are looking at every move Mr. Harris made, down to where he parked and the people he interacted with.Mr. Harris left work after 4:00 p.m. not noticing his son in the backseat, even though sources tell the FOX 5 I-Team the smell inside the car made it obvious something was wrong.

At one point, Mr. Harris drove in the opposite direction of his home.

http://www.myfoxatlanta.com/story/25919400/cobb-toddler-death-retracing-the-fathers-steps

Posted: Jul 01, 2014 4:30 PM CDTUpdated: Jul 09, 2014 4:11 PM CDTBy MYFOXATLANTA STAFF

ETA link to the map created by a member paisleyb showing the locations being discussed https://www.google.com/maps/@33.883...ta=!4m2!6m1!1szJiMS_FZ1AO0.k__1POp3fiiQ?hl=en

 

[cluciano63]

I did read Gitana's post. I guess I just am not meant to understand this case. I am not generally dense. I would just really need to know if this man left his baby to die on purpose...not through neglect, etc...but literally, purposefully, on purpose. Jmo

 

[PaperDoll]

I did read Gitana's post. I guess I just am not meant to understand this case. I am not generally dense. I would just really need to know if this man left his baby to die on purpose...not through neglect, etc...but literally, purposefully, on purpose. Jmo

I personally think he left Cooper to die, on purpose and planned it in advance... This is just my opinion of this case! :crazy:

 

[Cinnamon]

Were you possibly watching it on myfoxatlanta? I know I was.

Good point, pops. I watched live on myfoxatlanta AND on HLN (HLN on mute), but both had the camera on Det. Stoddard while he testified. Can't remember when/if he looked at the judge, but the camera was on him during most of his testimony.

 

[gritguy]

I did read Gitana's post. I guess I just am not meant to understand this case. I am not generally dense. I would just really need to know if this man left his baby to die on purpose...not through neglect, etc...but literally, purposefully, on purpose. Jmo

I agree. That's why I made the poll like I did, not matching up the charges. The first, most horrifying question to me too is did he do it on purpose? If he did, the charges as laid are satisfied (who knows, maybe they might make additions or changes if they have lock solid evidence of intent) and the penalty is severe. Absent showing intent (which they don't have to), then they have the criminal negligence to hold him to account. Was he reckless in a way? And this to me is why the "accident" scenario is so important to the defense. Showing a plausible pathway to believing he really did forget, really did not know.

Yeah, I know the burden is on the state, but I think a lot of people will come to the facts with the idea that leaving a 2 year old in a car is likely reckless, and it is definitely wise of the defense to give them another narrative to grasp.

 

[Karmady]

I did read Gitana's post. I guess I just am not meant to understand this case. I am not generally dense. I would just really need to know if this man left his baby to die on purpose...not through neglect, etc...but literally, purposefully, on purpose. Jmo

I think you're having trouble with specific intent v. general intent. Speaking very, very generally, with a specific intent crime like murder and robbery, you intend the consequence (to kill, to steal) With a negligence crime, you intend your actions, but either don't intend the consequence or are "indifferent" to whether they happen. Speaking strictly in lay terms, the degree of negligence (simple to criminal) depends on how stupid and reckless the intentional part of your conduct was. Usually, you can't tack a felony murder charge on to a crime that doesn't require specific intent. Which is one of the reasons this case is unusual. Georgia law did just that until the beginning of this month. jmo