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

[AnnieMagnolia]

No, unless something changed while I was driving today...

Right now, he is is charged with 2nd degree child cruelty, which is a felony. He is also charged with felony murder, which is defined as a death occurring during the commission of a felony, regardless of whether it was intentional or not.

There is no "1st degree felony murder."

The 2nd degree cruelty charge has nothing to do specifically with death. It's just abuse that was a result of criminal negligence. 1st degree cruelty is a willfull, intentional act of abuse.

Now, the new law is a new 2nd degree murder charge that specifically applies to deaths occurring during the commission of 1st and 2nd cruelty to children abuses cases. And it has a much, much lighter penalty than felony murder.

So, according to an attorney I follow, and he follows me, on twitter... The grand jury indictment will replace the arrest warrant and if he is still charged with 2nd degree cruelty, it will be a 2nd degree murder charge instead of felony murder.

This actually makes more sense in regards to the law, however I think they have the evidence they need to prove 1st degree cruelty because it was intentional.

 

[minor4th]

No, unless something changed while I was driving today...

Right now, he is is charged with 2nd degree child cruelty, which is a felony. He is also charged with felony murder, which is defined as a death occurring during the commission of a felony, regardless of whether it was intentional or not.

There is no "1st degree felony murder."

The 2nd degree cruelty charge has nothing to do specifically with death. It's just abuse that was a result of criminal negligence. 1st degree cruelty is a willfull, intentional act of abuse.

Now, the new law is a new 2nd degree murder charge that specifically applies to deaths occurring during the commission of 1st and 2nd cruelty to children abuses cases. And it has a much, much lighter penalty than felony murder.

So, according to an attorney I follow, and he follows me, on twitter... The grand jury indictment will replace the arrest warrant and if he is still charged with 2nd degree cruelty, it will be a 2nd degree murder charge instead of felony murder.

Yes, the indictment will replace the warrant. Felony murder is typically a 1st degree murder offense - meaning it carries the same penalties as first degree murder, including death penalty, if eligible.

A 2nd degree murder charge should not replace the felony murder charge, but might be added as an additional charge. Another 1st degree murder charge may be added as well (premeditated/intentional murder)

ETA: The arrest warrant is linked below - I was mistaken, there is no 2nd degree murder charge right now. Felony murder is the only murder charge, but Stoddard indicated on the stand that the evidence looks intentional, so I would assume that the prosecutors will be asking the grand jury to indict on 1st degree murder as well.

http://media.cmgdigital.com/shared/news/documents/2014/06/25/Justin_Harris_14w5669-2.pdf

 

[Heroine]

And don't forget his dream about Cooper being in heaven with Jesus.

WOW! I missed that somehow. He said that, really?!

 

[gngr~snap]

"His baby" yet he displayed no empathy for the child, whether Cooper was his child or a stranger's child. It isn't a matter of how much or how little he cared for Cooper, at the hearing I think the evidence shows that he had no feelings whatsoever for anyone but himself. His focus was on appearances. How he looked. How the dead child looked.

JMO

His baby. Kinda like his couch, his TV, his shirt.
All his.

All posts are MOO. Sent via Insignia Flex Tablet.

 

[Baznme]

Something is beginning to stand out to me. References and/or inferences in regard to "death" on the part of RH. Right down to the words "malice", "dread", "kiss in case there was an accident", research on the law for felonies, viewing death videos, hot car death videos, visited websites for "child free" living with reference to "lil sizzlers" for children that died in a hot car, then the sexting? Lord knows how perverse that was. There's a trail here from the dark side. Loving fathers don't do this.

 

[Heroine]

I thought he said kissing Cooper was a routine he did every time he strapped his son into the car seat in case of accident, but do you think there might be some videos from that parking lot in previous days, months or years that didn't show this routine? I hope the LE is looking into that.

Sadly he wasn't years old for that to be the case, but even if he were I have a feeling this was no routine, he just did it that day out of sheer guilt. Poor Cooper!I wish his parents loved him like I love my babies, but IMO clearly they didn't.

 

[Karmady]

Yes, the indictment will replace the warrant. Felony murder is typically a 1st degree murder offense - meaning it carries the same penalties as first degree murder, including death penalty, if eligible.

A 2nd degree murder charge should not replace the felony murder charge, but might be added as an additional charge. Another 1st degree murder charge may be added as well (premeditated/intentional murder)

ETA: The arrest warrant is linked below - I was mistaken, there is no 2nd degree murder charge right now. Felony murder is the only murder charge, but Stoddard indicated on the stand that the evidence looks intentional, so I would assume that the prosecutors will be asking the grand jury to indict on 1st degree murder as well.

http://media.cmgdigital.com/shared/news/documents/2014/06/25/Justin_Harris_14w5669-2.pdf

Here's the thing. Up until five minutes ago, GA law in this area was like nothing you've seen before. You did not need a specific intent felony to get felony murder and no degrees of murder were recognized. The crime of second degree murder was created in April of this year to apply in the second degree child cruelty context. There's a specific thread for discussing the charges and the law, though.

 

[AnnieMagnolia]

Yes, the indictment will replace the warrant. Felony murder is typically a 1st degree murder offense - meaning it carries the same penalties as first degree murder, including death penalty, if eligible.

A 2nd degree murder charge should not replace the felony murder charge, but might be added as an additional charge. Another 1st degree murder charge may be added as well (premeditated/intentional murder)

ETA: The arrest warrant is linked below - I was mistaken, there is no 2nd degree murder charge right now. Felony murder is the only murder charge, but Stoddard indicated on the stand that the evidence looks intentional, so I would assume that the prosecutors will be asking the grand jury to indict on 1st degree murder as well.

http://media.cmgdigital.com/shared/news/documents/2014/06/25/Justin_Harris_14w5669-2.pdf

But wouldn't they charge him with 1st degree cruelty if they are proving intent?

 

[minor4th]

I have to backtrack a bit on my first post about this case - my original thought after watching the PC hearing was that this guy is a monster and he conspired with his wife to kill Cooper and make it look like an accident. And that still may very well be the case...

However, since I watched the PC hearing I have read about several cases where parents did actually forget their child in a carseat while they worked all day. It has actually happened several times before, which is stunning to me! Since this is a thing that actually happens, and seems to happen to professional, well-educated and otherwise good parents, I have to consider that it is a possibility that RH really did forget his child in the car seat.

Not sure yet ...really anxious to see more evidence to see how strong the case is for an intentional murder.

 

[minor4th]

But wouldn't they charge him with 1st degree cruelty if they are proving intent?

As of right now, they are not charging him with intentional crimes, but it sounds like that is the direction they might go with the grand jury.

 

[gngr~snap]

Hope you are not holding your breath. IMO that is an opinion and not a fact.

FACT


"They can and do routinely order social-media companies to shut down a Twitter or Facebook page, for example, immediately after a crime has been committed or have relevant information archived before any changes can be made. "It's no different than physical evidence," says Bob Hopper, manager of theComputer Crimes*section at the*National White Collar Crime Center."

http://usatoday30.usatoday.com/tech...edia-law-enforcement/53614910/1?fullsite=true

Forensic analysis of social data is performed post-incident. Naturally, investigators will gravitate to where the evidence exists — in this case, sites such as Facebook,*Twitter,*Flickr, YouTube and others. Although the photo and video evidence is sometimes posted by the criminals themselves, investigators can also utilize information posted by others to both strengthen a case and even identify the perpetrator of a crime.

http://mashable.com/2012/02/13/social-media-forensics/

All posts are MOO. Sent via Insignia Flex Tablet.

 

[minor4th]

Here's the thing. Up until five minutes ago, GA law in this area was like nothing you've seen before. You did not need a specific intent felony to get felony murder and no degrees of murder were recognized. The crime of second degree murder was created in April of this year to apply in the second degree child cruelty context. There's a specific thread for discussing the charges and the law, though.

Well, that seems at odds with the warrant - which states 2nd degree cruelty and felony murder (not 2nd degree murder), and the judge bound him over on those charges.

 

[LambChop]

Re a driver forgetting what a red light means and blowing through it


If driver/parent w toddler in carseat forgets what a red light means - only for one red light - and blows through it,
the danger is there briefly and gone.
At next intersections, if parent/driver continues to fail to recognize red as prompt for him/her to stop, then danger continues.
At next intersections, if parent realizes red means stop, then stops at red lights, that danger to child was 'only' momentary.

As ppl have said, kind of like how various stimuli through morning, lunchtime, and afternoon, s
h/have prompted Ross to say Oops, run to car. E.g.:
- going into HD building, presumably seeing pix of Cooper and/or Leanna at desk/cube,
Oops, runs to car? Nope.
- seeing pix of Cooper and/or Leanna on PC screensaver or wallpaper,
Oops, runs to car? Nope.
- another employee or co-worker mentioning something about what their kids were going to do that weekend, or another activity.
Oops runs to car? Nope.
- talking to Leanna or texting or IMing her.
Oops runs to car? Nope.
- getting text/IM from LAA daycare, etc.
Oops, runs to car? Nope.
- Opening other dig devices w pix or personal contact info.
Oops, runs to car? Nope.

Seems like before or after sexting, some men would feel guilty and think about why they feel guilty - wife and child.
Oops, other man runs to car. Ross? Nope.
Seems like some men even without a conscience would have fleeting thoughts of wife & child.
Oops, other man without conscience or guilt about sexting runs to car, saves toddler or tries to. Ross? Nope.

JMO and I could be wrong.

How about driving past CFA on your way to lunch at Publix? You would think that would have jogged his memory. The light bulbs seem ironic sense they are sometimes associated with ideas and memory. jmo

 

[Heroine]

I have to backtrack a bit on my first post about this case - my original thought after watching the PC hearing was that this guy is a monster and he conspired with his wife to kill Cooper and make it look like an accident. And that still may very well be the case...

However, since I watched the PC hearing I have read about several cases where parents did actually forget their child in a carseat while they worked all day. It has actually happened several times before, which is stunning to me! Since this is a thing that actually happens, and seems to happen to professional, well-educated and otherwise good parents, I have to consider that it is a possibility that RH really did forget his child in the car seat.

Not sure yet ...really anxious to see more evidence to see how strong the case is for an intentional murder.

While I agree there are accidents, I also think it happens way more than it should and IMO and only IMO I don't think most of these cases are accidents with me being a mother of 2 small children. I NEVER forget my kids. I take both in the store with me to pay for gas even and they are 3 years old and 9 months so as you can imagine that's a lot of work for some gas. haha From a legal standpoint I get what you're saying, but I can't believe anyone could leave their kid and forget them all day.

 

[Cinnamon]

Ok, so I spent part of my afternoon re-watching the hearing (only got half-way through, still got it on pause where the defense starts, but I'm going to finish watching in a few). I am already convinced of JRH's guilt, so I'm only watching again to verify some of the facts and non-facts that I see being posted.

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

At approximately 56:00, Det. Stoddard testifies about his conversation with JRH regarding the "Turn Around Program," a show with an advocate that discusses how his child died in a heat-related death ("just like me," as Det. Stoddard testifies JRH said). The advocate talks about "just turn around," to turn around and check in the back of your car for kids before you get out of your vehicle.

JRH had a fear of his child dying in a car (per det stoddard testimony)...JRH watched this show, and he was very conscious of heat-related deaths, and stated he practiced the "Turn Around Program" often. But, he didn't practice it that day. Um, ok. Riiight! IMO, JMO, MOO.

ETA: Testimony from the hearing in this post is paraphrased...I tried to get word for word, but I suck as a transcriber :frown: Please refer to link & timestamp above for the actual testimony.

 

[AnnieMagnolia]

I have to backtrack a bit on my first post about this case - my original thought after watching the PC hearing was that this guy is a monster and he conspired with his wife to kill Cooper and make it look like an accident. And that still may very well be the case...

However, since I watched the PC hearing I have read about several cases where parents did actually forget their child in a carseat while they worked all day. It has actually happened several times before, which is stunning to me! Since this is a thing that actually happens, and seems to happen to professional, well-educated and otherwise good parents, I have to consider that it is a possibility that RH really did forget his child in the car seat.

Not sure yet ...really anxious to see more evidence to see how strong the case is for an intentional murder.

It is hard to believe that anyone can be so absent-minded they could forget their own child but the intent in this case is pretty clear. This is someone who frequented a website called 'childfree' that used a term "lil' sizzlers" for children who are left to bake in the car. This site was pulled down when it became known in this case. That is just one of the many facts that are pointing at intent. I guess they have a thread for that, though.

 

[Karmady]

Well, that seems at odds with the warrant - which states 2nd degree cruelty and felony murder (not 2nd degree murder), and the judge bound him over on those charges.

It's not at odds with the warrant because the new law didn't go into effect until July 1. But it was passed in April.

 

[RainCheck]

Something is beginning to stand out to me. References and/or inferences in regard to "death" on the part of RH. Right down to the words "malice", "dread", "kiss in case there was an accident", research on the law for felonies, viewing death videos, sexting? There's a trail here from the dark side. Loving fathers don't do this.

ITA, very, very dark side to this man. He kept it pretty well hidden until now, but there's something very sinister in that brain of his!

 

[minor4th]

While I agree there are accidents, I also think it happens way more than it should and IMO and only IMO I don't think most of these cases are accidents with me being a mother of 2 small children. I NEVER forget my kids. I take both in the store with me to pay for gas even and they are 3 years old and 9 months so as you can imagine that's a lot of work for some gas. haha From a legal standpoint I get what you're saying, but I can't believe anyone could leave their kid and forget them all day.

I was exactly the same. My sons were exactly 2 years apart, so I would haul the infant and toddler everywhere - I never would have considered leaving them alone in the car for even a minute.

As far as forgetting your small child is in the car - I can say for certainty that it would never have happened on my watch because I continually drove myself nuts by mentally checking and rechecking that the kids were taken care of and that I had not forgotten anything. This mental meta-cognitive thinking persisted through when my sons were in middle school, and I would ruminate over whether homework was completed, lunches were made, uniforms cleaned and pressed, permission slips signed, etc etc. But if that is what it takes to make sure you're not neglecting your kids then that is what it takes!

That is exactly why it was so stunning to me to learn that it has actually happened where a parent forgets a child in their car seat! And in my mind there is no excuse for forgetting a child in a carseat by a parent especially. It's still a homicide and should still be a criminal offense even if it wasn't intentional or with malice.

 

[lonetraveler]

As of right now, they are not charging him with intentional crimes, but it sounds like that is the direction they might go with the grand jury.

I admit that I'm a bit worried about using a Grand Jury to decide if this man goes to trial or not. The entire case could end with a "no true bill", thus no indictment. I've served for a year on a Grand Jury, as a foreman, and can tell you that sometimes jury members have a hard time finding a "true bill" when the parent is claiming they "forgot".