Small Details that are interesting in the Cooper Harris case, #2

[Baznme]

JMO I think their working theory was Cooper died from dehydration possibly. Children, babies dehydrate much quicker than adults.

Dehydration brought about by hyperthermia but not dehydration alone. From what I read about hyperthermia, dehydration is only one of the stages. Possibly why the charge was changed after the autopsy and medical examiner explained that.

 

[MsMarple]

My point exactly.

Yeah, I don't know why the defense attorney didn't ask Stoddard about other, non-incriminating statements made by RH and/or LH. Like whether the parents hugged and cried, or if RH said anything to LH about losing Cooper, his beloved little boy, or whatever. It would have countered some of the uglier things he said that Stoddard testified about.

Unless of course no such tender moments or anguished conversation ever took place in that interview room...

 

[CHERIE.T]

Bazenme,
YEP, he died because he baked to death. :shakehead:

 

[popsicle]

Dehydration brought about by hyperthermia but not dehydration alone. From what I read about hyperthermia, dehydration is only one of the stages. Possibly why the charge was changed after the autopsy and medical examiner explained that.

KILGORE: OK. What was -- what would you say was the primary piece of evidence that caused you to move from willfulness to negligence?

STODDARD: The primary was -- is how it's worded. And it was -- the medical examiner's report came back and he came back and said it was hyperthermia. Before we were going with dehydration, lack of sustenance.

(from Matou's ​post)

 

[al66pine]

:seeya:
Not sure why my post is confusing, lol but here goes:
IF any male aged 16-106 sent my 16 year old daughters a picture of his penis I WOULD BE UPSET.

Cherie,
My point exactly.
Any parents would be upset that 16 y/o daughter getting pix like that-
no matter who it belonged to, no matter what age.

 

[popsicle]

Yeah, I don't know why the defense attorney didn't ask Stoddard about other, non-incriminating statements made by RH and/or LH. Like whether the parents hugged and cried, or if RH said anything to LH about losing Cooper, his beloved little boy, or whatever. It would have countered some of the uglier things he said that Stoddard testified about.

Unless of course no such tender moments or anguished conversation ever took place in that interview room...

Exactly what I think.

 

[CHERIE.T]

Gah! Hello? It's ALL ABOUT ROSS!

Some people never get it.......:doorhide:

hahaha perfect smilie.

 

[renarde]

Does "lack of sustenance" mean no food / water for seven hours? Or was it a more prolonged lack of sustenance that might have resulted in Cooper being generally underweight and maybe not thriving before June 18th?

 

[CHERIE.T]

Cherie,
My point exactly.
Any parents would be upset that 16 y/o daughter getting pix like that-
no matter who it belonged to, no matter what age.

Sorry hon, I was distracted and my ADD really set in.

 

[MsMarple]

Exactly what I think.

You betcha!

 

[renarde]

http://www.avvo.com/legal-guides/ugc/the-crime-of-cruelty-to-children-in-the-first-degree-in-georgia

The Crime of Cruelty to Children in the First Degree in Georgia: Parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. O.C.G.A. 16-5-70(a). "Sustenance" means that necessary food and drink which is sufficient to support life and maintain health. Caby v. State, 249 Ga. 32 (1982). OR when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(b). Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause the particular harm produced, or the wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm may result. Intention may be manifest by the circumstances connected with the perpetration of the offense. Freeman v. State, A08A0829 (2008) (the failure to procure proper medical attention for a child's injuries constitutes sufficient proof).

 

[Baznme]

I'm getting confused on the issue of "sustenance". There could have been a smorgasbord including a 5 gallon bucket of water in that car and it wasn't going to do a thing to save the life of this child. Even if he had that available and had been able to take it in, it wouldn't have been ingested into his system anyway so, why the focus on "sustenance"? Just trying to understand how this even factors in since the temps in that car and total neglect is what caused his death.

 

[momrids6]

I'm getting confused on the issue of "sustenance". There could have been a smorgasbord including a 5 gallon bucket of water in that car and it wasn't going to do a thing to save the life of this child. Even if he had that available and had been able to take it in, it wouldn't have been ingested into his system anyway so, why the focus on "sustenance"? Just trying to understand how this even factors in since the temps in that car and total neglect is what caused his death.

http://www.avvo.com/legal-guides/ugc/the-crime-of-cruelty-to-children-in-the-first-degree-in-georgia

The Crime of Cruelty to Children in the First Degree in Georgia: Parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. O.C.G.A. 16-5-70(a). "Sustenance" means that necessary food and drink which is sufficient to support life and maintain health. Caby v. State, 249 Ga. 32 (1982). OR when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(b). Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause the particular harm produced, or the wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm may result. Intention may be manifest by the circumstances connected with the perpetration of the offense. Freeman v. State, A08A0829 (2008) (the failure to procure proper medical attention for a child's injuries constitutes sufficient proof).

bbm: sustenance is only one factor- the other can be used

 

[Lovejac]

I'm getting confused on the issue of "sustenance". There could have been a smorgasbord including a 5 gallon bucket of water in that car and it wasn't going to do a thing to save the life of this child. Even if he had that available and had been able to take it in, it wouldn't have been ingested into his system anyway so, why the focus on "sustenance"? Just trying to understand how this even factors in since the temps in that car and total neglect is what caused his death.

sus·te·nance
/ˈsəstənəns/

noun

1.

food and drink regarded as a source of strength; nourishment.

"poor rural economies turned to potatoes for sustenance"

2.

the maintaining of someone or something in life or existence.

"he kept two or three cows for the sustenance of his family"

 

[Evie Ivy Over]

I'm getting confused on the issue of "sustenance". There could have been a smorgasbord including a 5 gallon bucket of water in that car and it wasn't going to do a thing to save the life of this child. Even if he had that available and had been able to take it in, it wouldn't have been ingested into his system anyway so, why the focus on "sustenance"? Just trying to understand how this even factors in since the temps in that car and total neglect is what caused his death.

I think they wanted "sustenance" to come into play so they could get the higher charge against RH--they were going for the jugular. If dehydration was the cause of death, they could have kept the amped up charge, I believe, in association with neglect.

I've read at least one opinion that LE was taking it to RH because of his language and behavior towards LE at the scene. Also, IMO they're using the sex angle against him because of certain sexual behaviors being so taboo in the South (at least out in the open).

 

[cady]

I'm getting confused on the issue of "sustenance". There could have been a smorgasbord including a 5 gallon bucket of water in that car and it wasn't going to do a thing to save the life of this child. Even if he had that available and had been able to take it in, it wouldn't have been ingested into his system anyway so, why the focus on "sustenance"? Just trying to understand how this even factors in since the temps in that car and total neglect is what caused his death.

IMO LE are not medical experts, and at the time of encountering the dead child, they did not know that he had been left for 7 hours. They would have obviously noted the rigor mortis, but what stage was to be determined by ME. A witness stated that Cooper looked wet and sweaty. Also, somewhere inthese numerous threads, there are photos that look fairly recent of Cooper eating at daycare. JMO *He looked perfectly healthy to me.

 

[Inthedetails]

http://www.avvo.com/legal-guides/ugc/the-crime-of-cruelty-to-children-in-the-first-degree-in-georgia

The Crime of Cruelty to Children in the First Degree in Georgia: Parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. O.C.G.A. 16-5-70(a). "Sustenance" means that necessary food and drink which is sufficient to support life and maintain health. Caby v. State, 249 Ga. 32 (1982). OR when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(b). Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause the particular harm produced, or the wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm may result. Intention may be manifest by the circumstances connected with the perpetration of the offense. Freeman v. State, A08A0829 (2008) (the failure to procure proper medical attention for a child's injuries constitutes sufficient proof).

This charge is what the officers were going for before the autopsy report was completed.

After the autopsy, the charge was upped because Cooper died from the heat, not lack of food or water.

 

[MyBelle]

http://www.avvo.com/legal-guides/ugc/the-crime-of-cruelty-to-children-in-the-first-degree-in-georgia

The Crime of Cruelty to Children in the First Degree in Georgia: Parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's health or well-being is jeopardized. O.C.G.A. 16-5-70(a). "Sustenance" means that necessary food and drink which is sufficient to support life and maintain health. Caby v. State, 249 Ga. 32 (1982). OR when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. O.C.G.A. 16-5-70(b). Malice imports the absence of all elements of justification or excuse and the presence of an actual intent to cause the particular harm produced, or the wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm may result. Intention may be manifest by the circumstances connected with the perpetration of the offense. Freeman v. State, A08A0829 (2008) (the failure to procure proper medical attention for a child's injuries constitutes sufficient proof).

No cool air. Pretty basic when you think about it, imo.

 

[CCmakes3]

I think they wanted "sustenance" to come into play so they could get the higher charge against RH--they were going for the jugular. If dehydration was the cause of death, they could have kept the amped up charge, I believe, in association with neglect.

I've read at least one opinion that LE was taking it to RH because of his language and behavior towards LE at the scene. Also, IMO they're using the sex angle against him because of certain sexual behaviors being so taboo in the South (at least out in the open).

Do you mean that "certain sexual behaviors" like exchanging *advertiser censored* with a minor are "taboo" in the South? Because I live up North and we don't look too fondly on it either. Sorry if that makes us prudes.

I think they're using the "sex angle" against him because it interfered with him caring for his child. If it would have been only work activities that distracted him from his child, he could have argued that "hey, I have to have a job to support my child. I can't be focused on my child all day or I would lose my job and my ability to provide sustenance for my family." Since he spent so much time sexting at work, he cannot use that defense. As far as I know, sending pictures of one's peen and soliciting pictures of breasts does not in any way contribute to one's ability to support a child, unless one is a professional pornographer and getting paid for such activities.

Plus he was involved in an ILLEGAL activity while his son died (providing/receiving *advertiser censored* with a minor). It is not uncommon for parents to be charged with a crime when their child dies while they are engaged in another crime. It doesn't automatically mean the police (and all of us) are prudes. I have sexted before. No one was underage and no one died.

 

[matou]

I wonder if Ross was on his phone at the Chick-Fil-A and sent a kik from there? He may have gotten a response in the car after starting to drive off. If he had his phone right next to him in the car, he could have seen an incoming kik message and hurried to get to work to get his sexting started. JMO