GA - Suspicion over heat death of Cooper, 22 mo., Cobb County, June 2014, #5

[MsMarple]

I have seen pictures of him in 2 seats, both of which he must have long outgrown at 22 months. A 22lb limit Graco Snugride and a Chicco Keyfit (not sure if it was a 22lb limit or a 30lb limit on this one,) both are infant seats.

Thank you! I'm not too savvy anymore on different brands but the carseat in that picture looks like he was outgrowing it. I wondered about that because you can easily see him - his head is even with the top of the back part - which would make him really hard to miss.

 

[Baznme]

I think it would be appropriate to have tox screen on the accused too - but I haven't heard of anything - It don't know if this is part of the booking process or if a search warrant would be required.

Tox report order is in process. Just waiting for the results.

 

[RANCH]

What they hope for? No. Prosecutors are supposed to charge what they can prove. That is their public trust. But even if they don't always follow that, which they often don't, imo, it's still pretty unusual to charge a first degree crime with a death penalty attached and back off it within days. Especially when the backing off is accompanied by the public release of some of the evidence due to public outcry. There's no question in my mind that the way this case was handled is questionable and may ultimately impact the outcome of the trial, if there is one. jmo

I agree. I find the change in the charges against JRH to be strange.

 

[IHAVENOCLUE]

Everything that needs to be known is not known. That will all come out at trial. But "intention" is not a part of the jury instructions for felony murder. That would be first degree murder. So, you would be instructed, if on the jury, that intent is irrelevant.



PRECISELY!!! Anyone with kids or familiarity with them knows most 22 year olds are not napping at 9:00 a.m. just after breakfast. They are chattering, singing, pooping - not sleeping.

22 year olds... AND 2 year olds, too! :baby:

:giggle:

(Just couldn't resist... Love ya, Gitana! :loveyou

 

[Figuring]

There is a Kaiser Permanente across the street. A large medical facility.
2525Cumberland Parkway Atlanta, GA 30339.
just fyi..

Wow gngrsnap, I had not heard that before. Thanks. This really adds another important element. When he was leaving work and driving, and "realized" his child was in the car (and claimed he was choking, which is impossible...)...on top of not pulling over and calling 911, he did not drive straight to the medical facility that he saw every day (2x a day) on his drive. He went to some tiny pizza shop more than 20 mins away in another mall...?!

ETA: if he noticed his son sometime after he passed the hospital, wouldn't he still turn around?!

 

[newone]

What they hope for? No. Prosecutors are supposed to charge what they can prove. That is their public trust. But even if they don't always follow that, which they often don't, imo, it's still pretty unusual to charge a first degree crime with a death penalty attached and back off it within days. Especially when the backing off is accompanied by the public release of some of the evidence due to public outcry. There's no question in my mind that the way this case was handled is questionable and may ultimately impact the outcome of the trial, if there is one. jmo

bbm

public outcry --- would that be the petition supporting JH??

the petition was supporting him was withdrawn and they feel happy that their outcry affected the change in charges

 

[Irisha]

fftobed: Please type slow overnight. TIA

 

[Karmady]

Per the article I linked above, the child wouldn't turn blue in hyperthermia. I think some people are confusing it with hypothermia (cold). A hot car will, quite frankly, "cook" the child alive.



http://www.ggweather.com/heat/ap_sentencing.htm

A witness says he was blue/grey at the scene and the COD has been published to be hyperthermia, so not sure where it gets us that the article doesn't say he'd be blue.

http://www.dailymail.co.uk/news/art...-animal-die-hot-car-toddler-son-died-way.html

 

[Karmady]

bbm

public outcry --- would that be the petition supporting JH??

the petition was supporting him was withdrawn and they feel happy that their outcry affected the change in charges

I don't understand the point. Sorry.

 

[JusticeSeeker6]

Hi everybody. I've been lurking for awhile but this is my first post. I'm a little behind so I apologize if this has already been covered but there's one thing that's been on my mind that so far I haven't seen anybody bring up.

I'm thinking about possible defense strategies. IMO the facts lead to premeditated. The only thing I can see going for the defense at this point is character witnesses that say he was a great dad. Personally, if I were the prosecutor I would turn that against him. The fact that everybody around him has so many great things to say about his parenting shows me that he didn't just forget his son. A great parent puts their child first, no matter what. He has spent almost 2 years being a great parent. That would be his routine, it would come naturally to him to NOT forget his child. Added to the facts of this case and I fully believe that fact goes against him, not for him, when looked at deeper than just the surface. JMO

 

[Karmady]

Hi everybody. I've been lurking for awhile but this is my first post. I'm a little behind so I apologize if this has already been covered but there's one thing that's been on my mind that so far I haven't seen anybody bring up.

I'm thinking about possible defense strategies. IMO the facts lead to premeditated. The only thing I can see going for the defense at this point is character witnesses that say he was a great dad. Personally, if I were the prosecutor I would turn that against him. The fact that everybody around him has so many great things to say about his parenting shows me that he didn't just forget his son. A great parent puts their child first, no matter what. He has spent almost 2 years being a great parent. That would be his routine, it would come naturally to him to NOT forget his child. Added to the facts of this case and I fully believe that fact goes against him, not for him, when looked at deeper than just the surface. JMO

They don't need to prove premeditation. And no, I doubt having numerous character witnesses is going to hurt him. jmo

 

[JLSChook]

Hi everybody. I've been lurking for awhile but this is my first post. I'm a little behind so I apologize if this has already been covered but there's one thing that's been on my mind that so far I haven't seen anybody bring up.

I'm thinking about possible defense strategies. IMO the facts lead to premeditated. The only thing I can see going for the defense at this point is character witnesses that say he was a great dad. Personally, if I were the prosecutor I would turn that against him. The fact that everybody around him has so many great things to say about his parenting shows me that he didn't just forget his son. A great parent puts their child first, no matter what. He has spent almost 2 years being a great parent. That would be his routine, it would come naturally to him to NOT forget his child. Added to the facts of this case and I fully believe that fact goes against him, not for him, when looked at deeper than just the surface. JMO

Great post and Welcome! So glad you joined us.
:welcome4: :wagon:

 

[MsMarple]

I think it would be appropriate to have tox screen on the accused too - but I haven't heard of anything - It don't know if this is part of the booking process or if a search warrant would be required.

ITA! If the dad had smoked or snorted something that morning it might help explain some of his "forgetfulness."

 

[otto]

I find this statement to be very unusual. It portrays a somewhat negative view of life. What about the joys, accomplishments, and landmarks of childhood? Was there some thought about sparing the child from life's pitfalls? This almost implies that the child is better off not living.

"A family friend got on stage with Cooper’s mother and asked the crowd of nearly 200 people to give Ross Harris a round of applause. Leanna said God was holding her up through this time. She said she'll miss her son forever, but now he will not have to deal with heartbreak, worry about awkward stages or deal with middle or high school."

http://www.wsbtv.com/news/news/local/cobb-county-father-makes-jailhouse-call-sons-funer/ngT8H/

 

[anyoldtime48]

They don't need to prove premeditation. And no, I doubt having numerous character witnesses is going to hurt him. jmo

Under the current charges, no, but if the ongoing — and still early — investigation uncovers evidence of premeditation and the charges are upgraded, then it will come into play.

And IMHO, he'd need all the character witnesses the defense can find in that situation.

 

[Suthrnqt]

As soon as he saw him, he had to of realized he had been in the car all day!!!!


Sent from my iPhone using Tapatalk

Exactly.

 

[Karmady]

Under the current charges, no, but if the ongoing — and still early — investigation uncovers evidence of premeditation and the charges are upgraded, then it will come into play.

And IMHO, he'd need all the character witnesses the defense can find in that situation.

If the charges hadn't already been downgraded once, I'd agree with you. Since they can still get felony murder without malice, why would they upgrade again. They won't unless it's a strategy, imo. Either to plea bargain or to make sure he's convicted of something in a compromise verdict.

The OP suggested that character witnesses would hurt him, rather than help him. Imo, character witnesses never hurt and always help. Whether he needs a bunch or just two or three critical witnesses with long term ties and no familial connection, idk. I'd say two family members and three long term friends, co-workers, etc. will be sufficient. jmo

 

[Figuring]

I've deleted this and will repost in the morning as I had the wrong location for what I mentioned, which Karmady pointed out to me just now. The gist of what I had here was that he went to Uncle Maddio's pizza, but I had the further (read, wrong) location. Looking at that location, it appeared he passed 4 hospitals to get there. However, looking at the correct location, it seems 2 hospitals were in the exact same vincinity--one closer, one a little bit further than the pizza shop. So while not as egregious appearing as driving by 4 hospitals, to me it still looks bad...

I will get all the details tomorrow and repost, but wanted to remove so as not to cause more confusion and rumour. I certainly don't want to make anything seem worse than it already is!


_________________

 

[anyoldtime48]

If the charges hadn't already been downgraded once, I'd agree with you. Since they can still get felony murder without malice, why would they upgrade again. They won't unless it's a strategy, imo. Either to plea bargain or to make sure he's convicted of something in a compromise verdict.

The OP suggested that character witnesses would hurt him, rather than help him. Imo, character witnesses never hurt and always help. Whether he needs a bunch or just two or three critical witnesses with long term ties and no familial connection, idk. I'd say two family members and three long term friends, co-workers, etc. will be sufficient. jmo

Because this is still very much an ongoing investigation. Those charges were based on what little they had at the time and I am confident LE is sitting on much, much more than we know about. Or will know until (and if) this goes to trial.

If they have evidence of clear premeditation, they would be remiss in duty to not upgrade charges.

 

[Karmady]

Because this is still very much an ongoing investigation. Those charges were based on what little they had at the time and I am confident LE is sitting on much, much more than we know about. Or will know until (and if) this goes to trial.

If they have evidence of clear premeditation, they would be remiss in duty to not upgrade charges.

They charged malice from the jump, yet didn't have enough to support it and downgraded. So they were remiss to have charged malice in the first place. If they find something, I guess they'll upgrade, but they'd be more credible to charge and upgrade rather than charge, downgrade and upgrade...obviously. That just looks bad. jmo