GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #2

[Kip]

I imagine the odor could have largely been from a dirty diaper and vomit.

I wonder if the other evidence that's being alluded to is that the dad called the daycare to say his son wasn't coming that day - or the daycare called the dad to ask why his son wasn't there. If the dad did plan this, the former may be likely, as otherwise there would be the possibility that the daycare would call the mom.

If Cooper's hair was wet, I think he must have died within the previous couple of hours...which makes me wonder if the dad went to the car at noon expecting to find his son already dead and to make a big scene right there. I truly hope this isn't the case because even if the plan was to kill his child, it's so awful contemplating how anyone could see a child obviously suffering in a hot car and just leave him.

 

[keeponsearching]

Does Justin have a fb page?

 

[blue22]

I imagine the odor could have largely been from a dirty diaper and vomit.

I wonder if the other evidence that's being alluded to is that the dad called the daycare to say his son wasn't coming that day - or the daycare called the dad to ask why his son wasn't there. If the dad did plan this, the former may be likely, as otherwise there would be the possibility that the daycare would call the mom.

If Cooper's hair was wet, I think he must have died within the previous couple of hours...which makes me wonder if the dad went to the car at noon expecting to find his son already dead and to make a big scene right there. I truly hope this isn't the case because even if the plan was to kill his child, it's so awful contemplating how anyone could see a child obviously suffering in a hot car and just leave him.

We don't know he took lunch at noon. (I think a lot of us assumed and realized the warrant never specified the time.) With that said, if it were at noon, the car would have been above 115 degrees for 2 hours. It would have climbed to 115 in the first hour and continued after. I don't think it's possible for him to have survived for 3 hours, but I am no expert.

 

[JeannaT]

Does Justin have a fb page?

He did when the thread started, although I couldn't find it. I think there was discussion among posters who had found a FB page for both Justin and Leanne.

 

[Judicious1]

If they can come close to intent, then LE is being too easy with Felony Murder. If they have something more sinister, they should proceed with Capital Murder and pursue the death penalty.

Well they still can which is why I was surprised they arrested so fast on felony murder. They could have arrested him on child cruelty, manslaughter whatever then finished their investigation and upgraded then if they had supporting evidence for new charges. Not like he is a danger to the public.

They most likely downgraded the cruelty charge because intent, although they may suspect it and even believe it, is hard to prove in this case and its not about what you know its all about what you can prove in court. Why risk loosing the jury all together if they don't see enough for intent and throw the rest out the window determining well if it wasn't planned it had to be an accident. They are set up now that everyone can agree his actions were neglectful, even if they
can see how it can happen, it was negligent and is categorized as a felony in our state. Step one completed. Step 2- When someone dies while a felony is in play that is felony murder. A juror will feel they are just following the law as it was written. Its clean as it should be. They don't have to prove it was planned. End of the day the facts are an innocent kid was left and it resulted in death. Done deal game over. Its smart not sure why they didn't go that route in the first place

 

[Threeplus1]

I imagine the odor could have largely been from a dirty diaper and vomit.

RSBM

Dr. Di Maio reported on HLN today that he'd seen decomposition at those temperatures in under 8 hrs. I can't recall his exact wording right now (although I might have quoted him in an earlier post), but he indicated that decomp was a distinct possibility.:notgood:

 

[CountryGirl]

I apologize that I haven't read every post in the thread ... has it been confirmed who was to pick him up from daycare that day? Is daycare close and was he headed in that direction when he pulled into the mall?

 

[Judicious1]

You seem to be implying through thinly veiled statements, because evidence hasn't been released it does not exist.

If you saw something that shook you to your core, would you be running of to the media and having a chit chat about what that was? That information is part of their investigation. Not only would most people not want to elaborate, it's not in the best interest of LE if he doesn't. People were ripping them a new one, I think that cop was just saying it was not a normal kid in car situation. Eventually, you want the public to understand you are not trying to railroad someone. I don't blame him for saying that, and I don't blame LE if they are allowing small leaks.

I to found the comment by Sargent Pierce to be irresponsible given he didn't and still hasn't backed up why he felt that so why say anything at all. It implied guilt early on yet the investigation is on going so just seemed self serving.

 

[Threeplus1]

Well they still can which is why I was surprised they arrested so fast on felony murder. They could have arrested him on child cruelty, manslaughter whatever then finished their investigation and upgraded then if they had supporting evidence for new charges. Not like he is a danger to the public.

They most likely downgraded the cruelty charge because intent, although they may suspect it and even believe it, is hard to prove in this case and its not about what you know its all about what you can prove in court. Why risk loosing the jury all together if they don't see enough for intent and throw the rest out the window determining well if it wasn't planned it had to be an accident. They are set up now that everyone can agree his actions were neglectful, even if they
can see how it can happen, it was negligent and is categorized as a felony in our state. Step one completed. Step 2- When someone dies while a felony is in play that is felony murder. A juror will feel they are just following the law as it was written. Its clean as it should be. They don't have to prove it was planned. End of the day the facts are an innocent kid was left and it resulted in death. Done deal game over. Its smart not sure why they didn't go that route in the first place

Officer Bowman spoke to this at the press conference, too. He said that charges are determined by a magistrate. He said officers must present evidence and sign sworn statements of fact as to what is proven. They could only prove the second degree at the time they went before the magistrate.

 

[blue22]

He did when the thread started, although I couldn't find it. I think there was discussion among posters who had found a FB page for both Justin and Leanne.

I saw his facebook and it was fairly private without a lot information.

 

[Judicious1]

I apologize that I haven't read every post in the thread ... has it been confirmed who was to pick him up from daycare that day? Is daycare close and was he headed in that direction when he pulled into the mall?

Mom picks up from daycare normally

 

[Judicious1]

Officer Bowman spoke to this at the press conference, too. He said that charges are determined by a magistrate. He said officers must present evidence and sign sworn statements of fact as to what is proven. They could only prove the second degree at the time they went before the magistrate.

So then they never should have been able to charge him with first degree cruelty... If I'm reading that correctly

 

[blue22]

I to found the comment by Sargent Pierce to be irresponsible given he didn't and still hasn't backed up why he felt that so why say anything at all. It implied guilt early on yet the investigation is on going so just seemed self serving.

Honestly, I think it was an emotional statement that was not planned. That was my take watching it. I think that happens sometimes, when a little one has deceased and especially when the people are against your investigation you believe in. I know I've seen it in local cases where LE or the senior officer says something emotionally driven and they don't keep going with it. I'm sure it's not something the department wanted him to say, but what's done is done I guess.

 

[JeannaT]

Interesting. Commentary from Sunny Hoslin, CNN.

I wonder what would have happened to their baby if her husband hadn't remembered the baby was locked in the car.

http://www.cnn.com/2014/06/25/opinion/hostin-hot-car-child/index.html?hpt=hp_t3

 

[blue22]

So then they never should have been able to charge him with first degree cruelty... If I'm reading that correctly

They can charge him with anything really, at least within reason. If the court does not find the evidence sufficient, they are charged with what the evidence supports. It literally happens all the time. This is not something that is rare.

What I've noticed in especially egregious cases police charge with what they intimately want to charge for, to see where the investigation stands with the court.

 

[Threeplus1]

So then they never should have been able to charge him with first degree cruelty... If I'm reading that correctly

He did not indicate that there was a change in circumstances or evidence. He simply said what I quoted in my prior post when asked by a reporter why the change in degrees.

 

[popsicle]

They aren't supposed to but it happens all the time. This is an example ... And before people flip out and flame me note I didn't think she was innocent just the charging bothered me because it was shady in my opinion ... Jody Arias ... The first degree premeditated murder charge was obvioudly valid. However, I don'tlike the fact that the prosecutor doubled down just to push the death penalty by also charging her with felony murder incase the jury couldn't agree on first degree. A murder took place not a death while a felony commenced. He let her in to his home. She spent the night they took pics. She didnt break in. They tried to spin it like once she stabbed him the first time its safe to assume she was no longer welcome in his home so therefore she was trespassing and that's a felony offense. Come on.... Evidence should hold up on its own. Over charging is a huge problem in this country and in the Arias case it wasnt even needed. Its just gross to think someone wants to insure the DP by adding a flimsy extra charge in there as back up.

That is the law in AZ. If people don't like the laws, work to change them.

 

[blue22]

Interesting. Commentary from Sunny Hoslin, CNN.

I wonder what would have happened to their baby if her husband hadn't remembered the baby was locked in the car.

http://www.cnn.com/2014/06/25/opinion/hostin-hot-car-child/index.html?hpt=hp_t3

Again, apples to oranges.

 

[JeannaT]

Again, apples to oranges.

Apples and oranges are very similar items. ;D

 

[Judicious1]

That is the law in AZ. If people don't like the laws, work to change them.

Which part are you referring to? Its the law to throw in an extra charge that doesn't apply to the case or evidence? I'm not referring to the lesser included charges I'm referring to the 2nd charge in her indictment which was felony murder.