Judge Grants Change of Venue for Ross Harris

[DaleTray]

I feel pretty sure I heard the judge say at one point recently , it may or may not have been yesterday, she expected 4-6 months. I took it maybe the judge was combining the time of testimony and maybe a sentencing phase. That would be a long time to sequester someone. I sort of think it works to the benefit of the defense to delay the trial a little longer and maybe some of the details will be forgotten before facts are presented at trial. I would guess the odds are there will be another similar hot car baby death this summer in GA and attention will be directed toward that case rather than Ross. If my guess is correct and there is a 2nd baby incident in GA this year, if the 2nd incident isn't indicted and parent(s) appear innocent, again, I think that works in Ross' favor. But it could easily go the other way as well.

 

[MsJosie]

The phrase "jury of his peers" does not actually appear anywhere in the constitution. An "impartial jury" is required.

The 6th Amendment in full:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Case law has determined that jurors cannot be excluded from the jury, or from the jury pool, based on their race, gender, or other such traits. But there is no law, and no case law, anywhere that says that an accused has a right to a jury comprising people with a similar lifestyle to that of the accused.

I realize what you say but like others I can have my opinion

 

[eileenhawkeye]

I am going to make a prediction. I have nothing to really back this up. It's just a feeling that I have and I want to put it out in the universe. I predict that the verdict in this case will come in within a week of the election so sometime between November 1 - November 15. This is not simply due to the judge saying the trial will start in the Fall and last 6-8 weeks, but it's more because since this case began, I have really been curious as to how much media coverage outside of Atlanta the trial will get and especially how much coverage the verdict will get. So now I predict that the verdict will come in extremely close to the election, and I will never have a true idea of just how much attention it could have gotten.

It's probably best that the trial is not taking place during the spring/summer, and it's likely it could be overshadowed by the election and the colder weather might make it difficult to "market" the case since every single headline about the case nationally calls it "hot car death". The more coverage the trial gets, the more opportunities people will have to make $$ after it ends, and the more $$$ they will be offered. The amount of coverage the trial gets will determine how much Leanna gets for a book deal or how much she gets for her first sitdown interview. Look at the Martin MacNeil case, it was shown on HLN, but there is no way the people involved in that case have the same opportunties to make $$ as people involved in the Anthony case.

 

[JerseyGirl]

Staley said she and the court administrator will talk to courts in other parts of the state about hosting the trial and will consult with the lawyers for both sides.

http://www.mariettatimes.com/page/c...in-toddler-hot-SUV-death.html?isap=1&nav=5020

 

[DaleTray]

I do wonder how a jury pool comprised of rural versus urban citizens affects the way the case is viewed (from the standpoint of a juror).

I have sort of wondered the same. I think a rural jury possibly helps the defense. I think rural maybe a little less educated, cheaper cost of living , maybe people don't read as much news or keep up with as many current events. I would consider a rural jury less informed on current events jury. At all costs, the defense team had to try to get out of the hostile Atlanta environment. I was born in rural area and I mean no disrespect in this post. IJMO which may get you half a cup of coffee.

 

[Hope4More]

Regarding the AC issue, when I watched the live stream yesterday, the Judge specifically stated there is at least one courthouse in GA that she was aware of that did not have air conditioning.

Has anyone been able to find a link to yesterday's hearing (prior to her final ruling on the Change of Venue/COV)?




Sent from my iPhone using Tapatalk

Did you check Wild's website?

 

[Hope4More]

I have sort of wondered the same. I think a rural jury possibly helps the defense. I think rural maybe a little less educated, cheaper cost of living , maybe people don't read as much news or keep up with as many current events. I would consider a rural jury less informed on current events jury. At all costs, the defense team had to try to get out of the hostile Atlanta environment. I was born in rural area and I mean no disrespect in this post. IJMO which may get you half a cup of coffee.

IMO a move to a rural county will benefit the State, not the defense, if it benefits either side in any meaningful way.

The DT won the COV and lost an issue for appeal, rural jurors are less likely to have a 2 white collar , working parents-commuter- day care lifestyle and so are less likely to believe "forgetting" a child in a morning shuffle is even possible, and IMO are more likely, as a generalization, to be extremely put off by RH's adultery and by the sexting with minors charges, and to carry that over when considering what he's capable of when it came to Cooper.

At the risk of sounding naive, I trust juries to get it right and think they do most of the time. I think jurors anywhere would be unlikely to find RH the slightest bit sympathetic even if they are persuaded Cooper's death was accidental.

 

[Minette]

People tend to forget that a) Georgia is mostly a red state with a big island of blue in the middle, that being Atlanta and some of the immediate environs, and b) the whole state is pretty much within the Atlanta media market. If they move the trial to an area south of Atlanta, keep in mind that the climate becomes much, much warmer. If they move it to an area west of Atlanta, they get closer to Alabama/Birmingham, where there are ties to the families and a lot of media interest. So, good luck with that, DT, especially in finding people out in the rural counties who are sympathetic to the child-free, sexually 'liberated' life-style preferred by Mr. Harris.

 

[GA_Peach]

Here's a map of the Atlanta media market for anyone who is interested:

http://dishuser.org/TVMarkets/Maps/georgia.gif

Since the DT requested a COV to outside the Atlanta media market, it's highly unlikely that the case will end up in any of the yellow counties. I don't know if the entire Macon market is excluded or just Macon itself.

 

[Hope4More]

FWIW. Beth Karas said on her website she thought Staley has state-wide jurisdiction and will remain the judge for RH's case. It sounded that way from Staley's inclusive "we" and "us" yesterday. Does anyone know if that is definitely accurate?

Also from BK. Apparently BK knows the court administrator Staley will work with to transfer venue. His name is Tom Charron and he is a former state DA who prosecuted capital cases. One of those cases he tried (has been referred to here) was transferred to Walker County, which according to BK, handled Cherron's high profile case just fine.

 

[GA_Peach]

FWIW. Beth Karas said on her website she thought Staley has state-wide jurisdiction and will remain the judge for RH's case. It sounded that way from Staley's inclusive "we" and "us" yesterday. Does anyone know if that is definitely accurate?

Also from BK. Apparently BK knows the court administrator Staley will work with to transfer venue. His name is Tom Charron and he is a former state DA who prosecuted capital cases. One of those cases he tried (has been referred to here) was transferred to Walker County, which according to BK, handled Cherron's high profile case just fine.

While I cannot say with 100% certainty about this case, a former Georgia Superior Court judge told me yesterday that the presiding judge would normally stay with the case. He said that he has no reason to believe that there would be a new judge.

 

[Beccalynne]

FWIW. Beth Karas said on her website she thought Staley has state-wide jurisdiction and will remain the judge for RH's case. It sounded that way from Staley's inclusive "we" and "us" yesterday. Does anyone know if that is definitely accurate?

Also from BK. Apparently BK knows the court administrator Staley will work with to transfer venue. His name is Tom Charron and he is a former state DA who prosecuted capital cases. One of those cases he tried (has been referred to here) was transferred to Walker County, which according to BK, handled Cherron's high profile case just fine.

Yes, there is no reason Judge Staley would not hear the case, barring Kilgore et al filing a motion to recuse (and having it granted) which they have not done and as far as I know, they have no reason to.

 

[Hope4More]

While I cannot say with 100% certainty about this case, a former Georgia Superior Court judge told me yesterday that the presiding judge would normally stay with the case. He said that he has no reason to believe that there would be a new judge.

Yes, there is no reason Judge Staley would not hear the case, barring Kilgore et al filing a motion to recuse (and having it granted) which they have not done and as far as I know, they have no reason to.

Thank you both for the info. Procedures for COV vary by state. Where I live, the judge currently presiding would be replaced by a counterpart in the county to which the trial was transferred.

One more reason why the DT wouldn't prefer a transfer if it could be avoided- now it has a judge who leans pro-prosecution AND she's cranky because her life will be disrupted for weeks if not months.

 

[Beccalynne]

Thank you both for the info. Procedures for COV vary by state. Where I live, the judge currently presiding would be replaced by a counterpart in the county to which the trial was transferred.

One more reason why the DT wouldn't prefer a transfer if it could be avoided- now it has a judge who leans pro-prosecution AND she's cranky because her life will be disrupted for weeks if not months.

You're welcome! I work for a defense attorney in Cobb (though not one of RH's attorneys) so I have been keeping up with the trial as much as I can. And you are right about Judge Staley being pro-prosecution.

 

[Hope4More]

You're welcome! I work for a defense attorney in Cobb (though not one of RH's attorneys) so I have been keeping up with the trial as much as I can. And you are right about Judge Staley being pro-prosecution.

I hope you stick around for the whole trial- I'd love to hear from an insider in Cobb's legal community how opinions are running..

 

[krkrjx]

He is to be tried by a jury made up of peers. Now the trial is moved to the country....different jobs for country people, different pace of life, just different then city people. Will the defense then say, the jury was not made up of his peers....equal to what his job was, his living in a big city, and anything they can throw in? IMO, he and his team now think he will walk....trial will be moved, a totally different country jury, is fine if he is found innocent, but if found guilty, then we will hear how unfair the jury is, not made up of his peers.
IMO...guilty.

I am not sure any jury is actually made up of one's peers. Not in the traditional meaning of peers, anyway. I mean, there are unemployed defendants, welfare recipient defendants, super-wealthy defendants, and so on. How would anyone expect to have the jury box filled with citizens exactly like any defendant and if it could be effectively argued that a person was convicted due to the jury not being comprised of "peers" I think a bulk of verdicts could be in jeopardy. JMO.

 

[eileenhawkeye]

I read an article saying that Judge Staley wants the trial done before the end of the year, but thinks they need to delay it until the Summer because a lot of plans made. So it looks like a Fall trial is very likely.

Jennifer LeslieVerified account ‏@jleslie11alive 20h20 hours ago
Interesting - @VinniePolitan says court might keep change of venue site secret until jury selection begins #AtlantaAlive #RossHarris

They should. This way, the local media that covers the county it will be moved too can't start obsessing over the case until jury selection.

Also, do people have opinions on this case besides "Leave him in a hot car"? Every single comment I read...outside of this forum...is along those lines.

 

[DexterMorgan]

I read an article saying that Judge Staley wants the trial done before the end of the year, but thinks they need to delay it until the Summer because a lot of plans made. So it looks like a Fall trial is very likely.

Jennifer LeslieVerified account ‏@jleslie11alive 20h20 hours ago
Interesting - @VinniePolitan says court might keep change of venue site secret until jury selection begins #AtlantaAlive #RossHarris

They should. This way, the local media that covers the county it will be moved too can't start obsessing over the case until jury selection.

Also, do people have opinions on this case besides "Leave him in a hot car"? Every single comment I read...outside of this forum...is along those lines.

So are they still charging him with the child *advertiser censored* charge for sexting that 16 year old? And where is that going to be held.

 

[JerseyGirl]

Court administrator Tom Charron, a former Cobb district attorney, said earlier Monday that if the trial were moved, it would likely be delayed until fall and could cost the county an additional $100,000.

http://www.ajc.com/news/news/local/fair-trial-possible-in-hot-car-murder-case-judge-t/nrFq7/

 

[Hope4More]

Consensus among attorneys seems to be the COV to a rural county favors the State, especially if the DT's strategy is to go after LE.

Staley's CA Tom Cherron says her preference would be to begin trial after Labor Day, and to have it completed wrapped up before Thanksgiving.