GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #11

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elainebenice said:
I am not sure how to say this without sounding like a total witch, but I can't help myself.... Sorry. I have just scanned this most recent thread and there is a LOT of confusing and incorrect explanations of the various laws that may impact this case. My head is spinning and I'm an attorney. I can't imagine how confused others may be who have no legal training, especially some who have offered explanations.... [emoji6]
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Maybe you could say why you think those who provided their opinions on the law are wrong.
 
elainebenice said:
I am not sure how to say this without sounding like a total witch, but I can't help myself.... Sorry. I have just scanned this most recent thread and there is a LOT of confusing and incorrect explanations of the various laws that may impact this case. My head is spinning and I'm an attorney. I can't imagine how confused others may be who have no legal training, especially some who have offered explanations.... [emoji6]
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I'm an attorney too and I haven't really been paying attention at this stage to the elements of the current charges. What got me interested in the case were the pictures of Cooper - seeing that happy young kid and thinking about how his world was just opening up for him and then it all taken away. Really sad.

I'm just trying to figure out the narrative for responsibility of RH. Did he do it intentionally (horrifying)? Was he so neglectful (busy perhaps with that sexting business or whatever) that he should be held responsible? Or was it, actually or plausibly, an accident, albeit one committed by a ?
 
gritguy said:
I'm an attorney too and I haven't really been paying attention at this stage to the elements of the current charges. What got me interested in the case were the pictures of Cooper - seeing that happy young kid and thinking about how his world was just opening up for him and then it all taken away. Really sad.

I'm just trying to figure out the narrative for responsibility of RH. Did he do it intentionally (horrifying)? Was he so neglectful (busy perhaps with that sexting business or whatever) that he should be held responsible? Or was it, actually or plausibly, an accident, albeit one committed by a ?
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Same here and I don't think any of us have enough info right now to figure that part out, but I also haven't been following too closely either.
 
PigPong said:
I have a 2 and 4 year old and they can, easy.
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These statements of "my kid can get outta" are all 'anecdata' - so to speak. I still think they hold value. I know this post might be late and OT by now but, when this case first broke I IMMEDIATELY called my son's dad. He has a five point (likely undersized-- we are divorced, our relationship can be vitriolic at times, I pick my battles) and begged him to remove his seat from his vehicle. He did.

Our son is six. Developed completely "normally." When buckled in he cannot get out of that seat. I asked his father about it. The seat was removed that day. My son could definitely undo the doors, and heck, even dial us up or give our names and addresses. He'd still be strapped in that damned seat, though. He can't press in the release. His seats are all Brittax.

This case shook me to the core. I swore I'd never come back after Kyron.

I do think MOST parents have done this unintentionally. I think of grandparents.I think of people on medications that effect their short term memory.

I feel for the future people who have a tragic lapse that this guy has now thrown under intense and perhaps unjustified extreme judgement. I feel sick when think of Cooper, though, the most. Our kids aren't our possessions and it is a horrid thing to remember back to when your life depended on the whim, attentiveness or involvement of someone who had complete control over how much you did or did not suffer.
 
momrids6 said:
I also put this in the "small details" section for later, but thought y'all could use this info as part of main discussion now:
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Seems odd to me that they have that kind of drop off/pick up procedure, but no procedure in place for calling when a regularly scheduled child is not dropped off.
 
Believe me if you saw the probable cause hearing on TV you might change your mind about having enough information. There were a lot of WS'ers
who were defending him til then. JMO
 
PigPong said:
Actually, you can "dine in." CFA has what they call drawf houses. Half the restaurant is their traditional fast food and the other half is like a traditional sit in restaurant. They come take your order and bring it to you. I think the menu is slightly different too.
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Where are those Chick Fil A's located? Only standard fast food in Texas. ;)
 
Lovejac said:
Seems odd to me that they have that kind of drop off/pick up procedure, but no procedure in place for calling when a regularly scheduled child is not dropped off.
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My kid's elementary school doesn't call. Or send a note. Nothing. He goes to a charter (whole different forum that I can get rage-stroke-y about) so, they make up their own rules, in a sense. Private day cares possibly do the same. My son's never called or emailed, either. As to the group email-- I would get two-three ++ a day from his elementary school. Related to bake sales, upcoming events, who was "line leader" that week, etc. Just inundated with stuff. Honestly, most of it was somewhat um, pointless and could have been easily relayed in his folder he brought home. IF ANYTHING I think these "group emails" desensitize parents to real trouble (kids not arriving, etc.)

I can honestly see, horrible as this sounds, ignoring some of these, especially if you receive an avalanche and especially if they are obviously addressed to every parent (which is visible in my gmail account.)
 
With so many facts not in dispute, after looking at the charges, it seems it all comes down to was RH criminally negligent? That’s all the prosecution has to show.

If RH committed the felony defined as:

"Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain"

Then he can be held responsible for felony murder due to Cooper’s death.

The key in this is all, IMO, down to “criminal negligence.” This will be up to the jury to assess and the accident scenario becomes paramount. Intent is not necessary, but they do have to show it was criminally negligent which is defined as:

“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.

To me that centers directly on whether he forgot Cooper was in the SUV or whether he left him there on purpose and let the consequences flow. Somewhat in the middle is whether he forgot due to distractions he caused (texting/sexting?) that imply a reckless disregard for the child…
 
There are some dine in CFA in the Nashville area.
 
greenbean said:
My kid's elementary school doesn't call. Or send a note. Nothing. He goes to a charter (whole different forum that I can get rage-stroke-y about) so, they make up their own rules, in a sense. Private day cares possibly do the same. My son's never called or emailed, either. As to the group email-- I would get two-three ++ a day from his elementary school. Related to bake sales, upcoming events, who was "line leader" that week, etc. Just inundated with stuff. Honestly, most of it was somewhat um, pointless and could have been easily relayed in his folder he brought home. IF ANYTHING I think these "group emails" desensitize parents to real trouble (kids not arriving, etc.)

I can honestly see, horrible as this sounds, ignoring some of these, especially if you receive an avalanche and especially if they are obviously addressed to every parent (which is visible in my gmail account.)
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It isn't what the email to RH said... it is the fact that he received an email from the daycare and it was another reminder about Cooper that day. imo
 
RainCheck said:
They are charging him with 16-5-1 together with 16-5-70(c) with the new amendment that went into effective July 1, 2014 that 2nd degree murder during the commission of 2nd degree child cruelty. It does not matter if there was malice intent. All that matters is the child died due to 2nd degree child cruelty. The punishment is a minimum of 10 years and a maximum of 30 years. It's still listed as 16-5-1 but in conjunction with 16-5-70(c) it's 2nd degree murder and 2nd degree child cruelty.
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Assuming that this is the case, those charges may remain. IF, in the ongoing investigation, more is learned about JRH's online activities, comments he's made to friends, all sorts of information I can only guess at, those charges can be upgraded.

Remember, we've only had the probable cause hearing where the least amount of information is given by LE. The sexting business may also lead to other charges as well. Once he is indicted by the grand jury, we will know the charges they believe are appropriate. They usually are the ones to make that decision.

On NG last night, she mentioned that a new GJ has just convened. She believes that the prosecution will wait a while to present evidence to them so that they can gain more experience. According to her, there will be "easier" cases presented to build up to this most difficult case.

Once indicted on the charges, we will be moving on to discovery and motions on both sides, including motions in limine by the defense to keep out damaging information about sexting and whatever. That's when we will really get more information. Let's hope that the State or the Defense does not manage to get the motions sealed.

I was early to bed last night and fell asleep on NG. I did hear Madden spout off about his "eyewitness" testiphony. IMHO, :moo:, etc., we will not hear from him at trial. His information is so way off the facts from Det. Stoddard. No, EMT's, LE did not take 20 minutes to arrive! No, Cooper did not look like a perfect sleeping angel. His face was mottled, he was in full rigor with his legs in the air as if still in the car seat, he had scratches on his face, his eyes weren't fully closed and his mouth wasn't fully closed either.

LE will have gruesome pictures to show to discredit him. They will have the exact time LE appeared on the scene. If he gets on the stand for the defense, he's dust. His only purpose to be on the stand in the bond portion of the hearing was to boost JRH's possibility of getting bond. He's totally out of the case now, if the defense is smart. If they do put him on, the prosecution has his prior testimony to impeach any changes he makes to his story.

No, I'm not a lawyer, I just watch too many trials!!
 
I am not sure where people are getting that RH is charged with 2nd degree murder. He is charged with Felony murder and 2nd degree child cruelty. The new law didn't take effect until 7/1... after he was charged. jmo His potential sentence is life with a mandatory of 30 yrs or death, if guilty of felony murder.
 
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