Apparently the Harris case is different somehow. We all must accept that deadly accidents happen and I try to be less judgmental for what might cause another to "forget" something so important as another human being in their care but...for some reason that has yet to be explained to my satisfaction, LE and the judge involved in the Harris case believe this case to be more than the typical negligence of other hot car death cases. There had to be something about the circumstances surrounding Cooper's death that immediately alarmed LE and subsequently, a judge.
I am waiting to know what it is that makes this case different and if it is not something glaring and obvious or easily proven without a reasonable doubt, he will not be found guilty as charged. He can't be, and shouldn't be, if the evidence doesn't support it.
I think that LE has thought from the beginning that the Harris case was different. If you listen to their early statements, they repeatedly stated that they did not believe that this was a case of a father who simply forgot his child in a hot car. Based purely on speculation, here are a few potential reasons. LE has stated that JRH's initial behavior was not consistent with a grieving father. LE stated that JRH was swearing at them on the scene, and JRH refused to get off his cell phone. They also stated that JRH told them at the scene that he had "no malicious intent." On top of that, you have LH's curious question to JRH, "Did you say too much?" Those actions got the attention of LE.
Upon digging further, LE discovered that JRH researched/clicked on "hot car deaths," visited child-free forums, and was sexting with women whom were not his wife. As the prosecution intends to argue at trial, JRH desired a child-free life. On top of that, Cooper was in a car seat that was far too small him (and on the tightest setting at that) despite the fact that a new car seat had been purchased for him.
The totality of these circumstances warrant a closer look IMO.
I think that it is a possible for a parent to forget a child, and in those cases, the parent has been dealt the most painful sentence possible. The parent has to live for the rest of his life knowing that he killed his child. I cannot imagine what it's like living with that knowledge. Having said that, most of those cases arise from a change in routine that causes a parent to believe that the child has been safely dropped off. It doesn't appear that JRH had an entirely different routine on the day that Cooper died.
As a parent and caregiver, JRH's number one priority was to keep Cooper safe while Cooper was in his care. However, JRH made a conscious decision to not make Cooper his top priority. At breakfast, JRH was texting/chatting with women, and as a result, his attention was not fully on Cooper. I am not sure what JRH's thoughts were as he strapped Cooper into his car seat, but he failed to keep Cooper safe when he did not drop him off at daycare.
Given that JRH made a conscious decision to put another activity above caring for Cooper, it is hard for me to accept that he forgot Cooper. I am not prepared to say that he intended to kill Cooper, but he did not forget him (in the normal sense of the word). Consequently, I am hard-pressed to believe that he is not guilty of felony murder.
On a purely personal note, I used to work at the location of Cooper's daycare. I have eaten at that Chick-Fil-A (CFA) on multiple occasions, and I have driven through the intersection between CFA and the Treehouse literally thousands of times. Because of the topography and how the The Home Depot SSC (location of Cooper's daycare) is situated, it is incomprehensible to me that JRH drove through that intersection without being reminded that he needed to drop off Cooper at daycare. The prosecution has requested a field trip for the jurors to see the various locations, and if that is done, JRH will be found guilty IMO. It's impossible to put into words how the SSC towers over that entire area.
Again, the way the state is charging this case premeditation DOES NOT have to be proved, only that the child neglect or accident occurred during the felony of sexting with a minor, which of course Ross was doing. This case is different because of the sexting with a minor, a felony under Georgia law.
Please correct me if I have this wrong. I'm going back to review...
You are correct that the state does not have to prove premeditation. However, sexting with a minor is not the reason. The sexting of the minor charges are admissible to show motive. This was discussed during defense team's motion to sever the charges.
Even if JRH was not sexting with a minor, the state would still not be required to prove premeditation. This is because the state is also charging JRH with second-degree child cruelty, a felony. Since Cooper's death allegedly occurred during the commission of second-degree child cruelty, a felony itself, Cooper's death is classified as felony murder. Since second-degree child cruelty simply requires criminal negligence, that is the standard that the state must meet to convict JRH of felony murder.
