CONVICTION OVERTURNED GA - Ross Harris Trial Appeal, hot car death of son, Cooper

[Counttrarian]

The GA Supreme (which is hardly a liberal court, nor do they overturn many guilty verdicts) rebukes the trial basically saying there wasn't enough correctly presented evidence to convict on, most people in legal profession opining in public said there wasn't enough to convict on, and even the DA now says there's not enough admissible evidence to convict him of guilt......yet many here still insist he's guilty.
Interesting.

 

[DaisyKenny]

The GA Supreme (which is hardly a liberal court, nor do they overturn many guilty verdicts) rebukes the trial basically saying there wasn't enough correctly presented evidence to convict on, most people in legal profession opining in public said there wasn't enough to convict on, and even the DA now says there's not enough admissible evidence to convict him of guilt......yet many here still insist he's guilty.
Interesting.

IMO, it's illogical when the majority opinion strongly implied all of the evidence would have been admissible if he had killed his wife, a divorce where there would have been no real assets and no spousal support involved. IIRC there was just the car that Leanna received when she divorced him. He said multiple times that the only reason he hadn't divorced his wife was because of his son.

IMO, the evidence was MORE relevant because he killed his son because of the time burden and extra expenses involved in being a divorced father when all he wanted was to have sex with as many people as possible.

 

[LinasK]

The GA Supreme (which is hardly a liberal court, nor do they overturn many guilty verdicts) rebukes the trial basically saying there wasn't enough correctly presented evidence to convict on, most people in legal profession opining in public said there wasn't enough to convict on, and even the DA now says there's not enough admissible evidence to convict him of guilt......yet many here still insist he's guilty.
Interesting.

If I were on that jury, I would have convicted him in a red-hot minute! Sexting aside, he also researched a "Child-Free Life". This guy didn't want to be a father. It interfered with his sex life.

 

[DaisyKenny]

If I were on that jury, I would have convicted him in a red-hot minute! Sexting aside, he also researched a "Child-Free Life". This guy didn't want to be a father. It interfered with his sex life.

Yeah, his supporters want to ignore that he was a sex addict and compared him to a typical cheating husband.IMO
To them it looked like he was getting plenty of action so let's just leave out all the cheating evidence. JMO

 

[GoBuckeyes]

It matters because he was found guilty of malice murder (similarly to first degree murder this requires intent) and sentenced accordingly. Had he been convicted of a lesser count because the jury determined he forgot about Cooper because he was wrapped up in his non-stop sexting, he would have received a lesser sentence. That's the way the judicial system works, and that's the way it should work, even if we are thoroughly disgusted by Harris' behavior and what happened to the baby as a result.

Currently he's not convicted of any degree of homicide at all. That ball is in the prosecution's court now. If they opt to go with malice murder with no option for a lesser charge once again, this time it may be more difficult to convince a jury that he intentionally murdered Cooper.

I don't think he'll be found guilty a 2nd time of any murder with intent charge. I agree that it matters very much as to his intent. He shouldn't rot in prison if it was a mistake. We can't pick and choose to whom the letter of the law is applied and is not applied. I also don't think the prosecution should be allowed to charge him again for Cooper's murder. That would immediately cut down on overcharging. MOO

 

[LinasK]

I don't think he'll be found guilty a 2nd time of any murder with intent charge. I agree that it matters very much as to his intent. He shouldn't rot in prison if it was a mistake. We can't pick and choose to whom the letter of the law is applied and is not applied. I also don't think the prosecution should be allowed to charge him again for Cooper's murder. That would immediately cut down on overcharging. MOO

I'm sorry, but you will never convince me that it was a mistake. There's just too much evidence otherwise. I have no idea why the prosecutor decided not to re-try the case.

 

[10ofRods]

The GA Supreme (which is hardly a liberal court, nor do they overturn many guilty verdicts) rebukes the trial basically saying there wasn't enough correctly presented evidence to convict on, most people in legal profession opining in public said there wasn't enough to convict on, and even the DA now says there's not enough admissible evidence to convict him of guilt......yet many here still insist he's guilty.
Interesting.

I have to respectfully disagree with the implied idea that "liberal" courts overturn things easily. The GA court is conservative and, possibly, in the so-called 'men's rights' column of some people's ledgers.

I hope that the evidence is carefully considered, but I think it's an issue/crime where reasonable people can disagree. I also think it's possible, based on social and cultural analysis, that men and women see this differently (in addition to state-by-state precedents).

If the DA says there's not enough evidence, then it's over - but that doesn't mean the DA is objective, rational, reasonable, right or even represents the people who elected them.

I don't insist anything, but I think WSers are entitled to weigh in based on what is publicly known - it's the strong point of WS and I bet even the GA DA in question knows that (if they read WS).

IMO.

 

[Allabouttrial]

If I were on that jury, I would have convicted him in a red-hot minute! Sexting aside, he also researched a "Child-Free Life". This guy didn't want to be a father. It interfered with his sex life.

Did you watch the whole trial? or just the States version of events? He didn't research a 'child-free life', he was sent a link by e-mail from a friend of his and his response was something like 'grossness'.

 

[Allabouttrial]

The video he and Leanne watched was a vet describing the effects of leaving dogs in cars, not children.

 

[DaisyKenny]

The video he and Leanne watched was a vet describing the effects of leaving dogs in cars, not children.

Yes, it was what would happen to a dog in a hot car. He remembered every detail about it too. Watched it four days before he left Cooper to die in a hot car.

The child free story was about some environmental extremist hence the 'grossness' comment instead of a swinging child free life style like he probably expected.IMO
He didn't look at stuff he wasn't interested in.

 

[MsMarple]

To be clear, I think the problem the Georgia Supreme Court had was that the prosecution tried to bring in Ross’ proclivity for sex with underage girls in order to make him look like a bad man, among other things.

IMO it was a close call. The prosecution wanted to show how Ross desired freedom to pursue a sex life that didn’t mesh with marriage and fatherhood. The Supreme Court felt they overstepped by bringing charges that weren’t directly related to the murder charge.

IMO the prosecution failed to make a clear, direct connection between the two. But I also believe they had a strong case without the extra charges. IOW it was a strategic mistake.

But those of us who still feel Ross acted willfully are considering other compelling evidence that points to his guilt. The strict parameters that bind a jury don’t hold here and all we can do is respect the opinions of our fellow posters whether they agree with our own or not.

 

[Allabouttrial]

Yeah, his supporters want to ignore that he was a sex addict and compared him to a typical cheating husband.IMO
To them it looked like he was getting plenty of action so let's just leave out all the cheating evidence. JMO

I think calling those who believe some of the evidence that was presented at his trial was highly prejudicial as his "supporters" is somewhat dismissive.

I don't believe anyone thought his other convictions were unjust and he is quite rightly serving time for those.

For the minority of us who felt that he didn't get a fair trial and believe intent wasn't proven also don't think he should have gotten off scot-free either.

 

[Allabouttrial]

But those of us who still feel Ross acted willfully are considering other compelling evidence that points to his guilt. The strict parameters that bind a jury don’t hold here and all we can do is respect the opinions of our fellow posters whether they agree with our own or not.

I wasn't here when his trial was taking place, instead I was on a trial forum. The vitriol was beyond anything I've ever experienced and would never wish to experience again. Speaking for my own defensive here, I think it comes from that past experience. I swore I would never argue again and yet here I am!

The media spun this case until it became impossible for people to try and give him the benefit of the doubt with regards to intent. He was convicted before he was even tried by the majority.

When I hear things that were presented as fact by MSM still being regurgitated I feel the need to give context to those "facts".

 

[DaisyKenny]

I wasn't here when his trial was taking place, instead I was on a trial forum. The vitriol was beyond anything I've ever experienced and would never wish to experience again. Speaking for my own defensive here, I think it comes from that past experience. I swore I would never argue again and yet here I am!

The media spun this case until it became impossible for people to try and give him the benefit of the doubt with regards to intent. He was convicted before he was even tried by the majority.

When I hear things that were presented as fact by MSM still being regurgitated I feel the need to give context to those "facts".

I'm sorry but I don't think it's reasonable to say all of the cheating evidence should be inadmissible because it was incorrectly remarked on at the probable cause hearing how he looked up 'child-free life and how long it takes for a child to die in a hot car', IIRC.

They waited two years and moved the trial to a different county. None of the jurors who convicted him did so because of what was said at the probable cause hearing two years earlier. IMO

 

[GoBuckeyes]

The Cobb County District Attorney’s Office said it had conducted a thorough review of the case in the 11 months since the Georgia Supreme Court ruled that the evidence of Mr. Harris’s sexual activities that had been presented at his trial was “extremely and unfairly prejudicial” and could have affected the jury’s decision to convict him in 2016.

Prosecutors Won’t Retry Father Whose Son Died in Hot Car (Published 2023)

The decision came nearly a year after the Georgia Supreme Court overturned Justin Ross Harris’s convictions on charges of malice murder and child cruelty in the death of his 22-month-old son, Cooper.

www.nytimes.com

*dammit, this is crazy! Dude is guilty of little Cooper’s death.
eta: oh yeah almost forgot. imo

Once the judge allowed the highly prejudicial evidence in, this case what a hot mess. I had my doubts about it being deliberate. MOO

 

[LinasK]

I'm sorry but I don't think it's reasonable to say all of the cheating evidence should be inadmissible because it was incorrectly remarked on at the probable cause hearing how he looked up 'child-free life and how long it takes for a child to die in a hot car', IIRC.

They waited two years and moved the trial to a different county. None of the jurors who convicted him did so because of what was said at the probable cause hearing two years earlier. IMO

Yup, to me it's his motive to kill.

 

[MsMarple]

Here’s the Georgia Supreme Court decision from June 2022. I’m too tired to read it on my phone, I’ll wait until tomorrow and read it on my laptop.

https://www.gasupreme.us/wp-content/uploads/2022/06/s22a0092.pdf

 

[steeltowngirl]

Yeah, his supporters want to ignore that he was a sex addict and compared him to a typical cheating husband.IMO
To them it looked like he was getting plenty of action so let's just leave out all the cheating evidence. JMO

I’m definitely not a supporter of RH. I find him to be a despicable, disgusting waste of human flesh.

I do think his “distractions” with the sexting might have been viable evidence in court had they charged him with negligent homicide. RH was more concerned with his own junk than he was with caring for his son. He “forgot” him and left him to die in a hot car.

The problem became intent - “the presumption of malice may arise from reckless disregard for human life.” So they went for malice murder.

I believe the maximum sentence for a conviction on involuntary manslaughter would have been ten years. He was convicted of criminal attempt to commit sexual exploitation of children and dissemination of harmful material to minors. He was sentenced to 12 years in prison on those counts. His sentence officially began on Dec. 06, 2016.

If he had also been convicted of involuntary manslaughter, and his sentences had run consecutively, he might have been locked up in prison until 2038. And that would be fine with me.

He belongs there.

jmo

Ross Harris will not be retried after murder conviction overturned in son’s hot car death

Cooper died on June 18, 2014 after his father left him in his car seat for approximately seven hours.

www.wsbtv.com

 

[mickey2942]

I think that these "hot car" deaths are confusing, some people are never even charged. Others, get a conviction. The lack of consistency is disturbing to me.

The baby is dead. It seems like there should be something...

 

[Gardenista]

Yeah, like it or not a charge of second degree murder or like you say negligent homicide might withstand appeal even without the excluded evidence. I dunno, my cynical self feels like the prosecutor deems retrial not worth pursuing, perhaps for political reasons?

Sigh, I wish there were more standardized guidelines for determining just how much responsibility a caregiver bears when charged with ensuring the safety of a child. Dr. Diamond’s distraction excuse shouldn’t be an umbrella get off free card.

I looked it up and a new DA started 1/1/2021. The guy who prosecuted this case is now in private practice.