The Grand Jury & Trial

[atthelake]

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[atthelake]

Philip A. Holloway ‏@PhilHollowayEsq 4m4 minutes ago

#JustinRossHarris team wants judge to put a stop to what they say are cops who ignore citizens rights in #HotCarDeath case

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Sadie Sunday
Rob Velders
Cathy

2:58 PM - 17 Dec 2015 · Details
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Philip A. Holloway ‏@PhilHollowayEsq 6m6 minutes ago

Cops "outright lied" to get search warrants in #JustinRossHarris #HotCarDeath case - strongest criticism we've heard so far
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 8m8 minutes ago

#JustinRossHarris team says Leanna Harris never said she searched web for info on #HotCarDeath
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Philip A. Holloway ‏@PhilHollowayEsq 10m10 minutes ago

Do a web search for "general warrant" to get the gist of #JustinRossHarris defense arguments in #HotCarDeath case
0 retweets 1 like
Philip A. Holloway ‏@PhilHollowayEsq 11m11 minutes ago

#JustinRossHarris team says the cops simply "hoped" to find information about his day when searching electronics in #HotCarDeath case
1 retweet 1 like
Philip A. Holloway ‏@PhilHollowayEsq 13m13 minutes ago

#JustinRossHarris team says getting warrants for all electronics just because someone has died is improper in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 15m15 minutes ago

#JustinRossHarris team says cops "had no idea" what they were looking for - did exploratory fishing expedition in #HotCarDeath
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 18m18 minutes ago

#JustinRossHarris team says at least cops had reckless disregard for truth when seeking warrants in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 19m19 minutes ago

#JustinRossHarris team says police made material misrepresentation about research into #HotCarDeath -says he merely mentioned a video he saw

 

[atthelake]

Cathy ‏@courtchatter 16m16 minutes ago

#JustinRossHarris - Hearing takes afternoon break. #HotCarDeath

Philip A. Holloway ‏@PhilHollowayEsq 19m19 minutes ago

#JustinRossHarris team says judge is at precipice of history in #HotCarDeath case - I think they're about finished - DA up next


Philip A. Holloway ‏@PhilHollowayEsq 4m4 minutes ago

#JustinRossHarris team wants judge to put a stop to what they say are cops who ignore citizens rights in #HotCarDeath case

Retweets
2

Philip A. Holloway ‏@PhilHollowayEsq 6m6 minutes ago

Cops "outright lied" to get search warrants in #JustinRossHarris #HotCarDeath case - strongest criticism we've heard so far
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 8m8 minutes ago

#JustinRossHarris team says Leanna Harris never said she searched web for info on #HotCarDeath
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 10m10 minutes ago

Do a web search for "general warrant" to get the gist of #JustinRossHarris defense arguments in #HotCarDeath case
0 retweets 1 like
Philip A. Holloway ‏@PhilHollowayEsq 11m11 minutes ago

#JustinRossHarris team says the cops simply "hoped" to find information about his day when searching electronics in #HotCarDeath case
1 retweet 1 like
Philip A. Holloway ‏@PhilHollowayEsq 13m13 minutes ago

#JustinRossHarris team says getting warrants for all electronics just because someone has died is improper in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 15m15 minutes ago

#JustinRossHarris team says cops "had no idea" what they were looking for - did exploratory fishing expedition in #HotCarDeath
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 18m18 minutes ago

#JustinRossHarris team says at least cops had reckless disregard for truth when seeking warrants in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 19m19 minutes ago

#JustinRossHarris team says police made material misrepresentation about research into #HotCarDeath -says he merely mentioned a video he saw

lip A. Holloway ‏@PhilHollowayEsq 4m4 minutes ago

#JustinRossHarris team wants judge to put a stop to what they say are cops who ignore citizens rights in #HotCarDeath case

hilip A. Holloway ‏@PhilHollowayEsq 6m6 minutes ago

Cops "outright lied" to get search warrants in #JustinRossHarris #HotCarDeath case - strongest criticism we've heard so far
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 8m8 minutes ago

#JustinRossHarris team says Leanna Harris never said she searched web for info on #HotCarDeath
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 10m10 minutes ago

Do a web search for "general warrant" to get the gist of #JustinRossHarris defense arguments in #HotCarDeath case
0 retweets 1 like
Philip A. Holloway ‏@PhilHollowayEsq 11m11 minutes ago

#JustinRossHarris team says the cops simply "hoped" to find information about his day when searching electronics in #HotCarDeath case
1 retweet 1 like
Philip A. Holloway ‏@PhilHollowayEsq 13m13 minutes ago

#JustinRossHarris team says getting warrants for all electronics just because someone has died is improper in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 15m15 minutes ago

#JustinRossHarris team says cops "had no idea" what they were looking for - did exploratory fishing expedition in #HotCarDeath
0 retweets 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 18m18 minutes ago

#JustinRossHarris team says at least cops had reckless disregard for truth when seeking warrants in #HotCarDeath case
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 19m19 minutes ago

#JustinRossHarris team says police made material misrepresentation about research into #HotCarDeath -says he merely mentioned a video he saw

 

[atthelake]

Philip A. Holloway ‏@PhilHollowayEsq 4m4 minutes ago

Judge says she will make ruling before next court date of 1-22-16 #JustinRossHarris #HotCarDeath
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Philip A. Holloway ‏@PhilHollowayEsq 5m5 minutes ago

Court in #JustinRossHarris #HotCarDeath case asks both sides to submit proposed orders to her by 1-13-16
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Philip A. Holloway ‏@PhilHollowayEsq 6m6 minutes ago

ADA Evans argues for the state in the #JustinRossHarris #HotCarDeath case-judge announces she won't rule today

 

[watergirl62]

ATL, do you cut and paste the tweets in one step? I copied a batch, but even if I pasted as text in a text editor, it still left lots of formatting to undo. :facepalm:

 

[atthelake]

Cathy ‏@courtchatter 2m2 minutes ago

That wraps up the #JustinRossHarris multi-day suppression hearing. The judge says she will rule by next scheduled court date, Jan. 22.
0 retweets 0 likes
Cathy ‏@courtchatter 3m3 minutes ago

DA: The laptop that investigators found #JustinRossHarris had watched a video on #HotCarDeath belonged to Home Depot & def has no rights.
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Philip A. Holloway ‏@PhilHollowayEsq 7m7 minutes ago

DA says only a minor inaccuracy in a search warrant in the #JustinRossHarris #HotCarDeath case

Duffie Dixon 11Alive Verified account ‏@DuffieDixon 13m13 minutes ago

Asst DA says it wasn't the worst day for #JustinRossHarris, I it was little Cooper's worst day ##11alive

Philip A. Holloway ‏@PhilHollowayEsq 16m16 minutes ago

DA says they got search warrants in some instances that they didn't even need in #HotCarDeath #JustinRossHarris investigation
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 18m18 minutes ago

DA says independent source (minor female) came forward to say #JustinRossHarris in inappropriate sexual relationships prior to #HotCarDeath


Philip A. Holloway ‏@PhilHollowayEsq 20m20 minutes ago

DA says #JustinRossHarris lied to police in #HotCarDeath investigation - says search of iPhone was with consent
1 retweet 0 likes
Philip A. Holloway ‏@PhilHollowayEsq 21m21 minutes ago

Police were acting reasonably in accordance with 4th amendment says DA in #HotCarDeath case #JustinRossHarris
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Philip A. Holloway ‏@PhilHollowayEsq 24m24 minutes ago

DA says it is ALWAYS a crime to leave child in hot car in Georgia #JustinRossHarris #HotCarDeath - just what crime depends on circumstances

Cathy ‏@courtchatter 24m24 minutes ago

DA: "Leaving a toddler strapped in a hot car in Georgia is always a crime." #JustinRossHarris #HotCarDeath
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Philip A. Holloway ‏@PhilHollowayEsq 25m25 minutes ago

DA disagrees with multiple factual assertions made by #JustinRossHarris defense team in #HotCarDeath
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Philip A. Holloway ‏@PhilHollowayEsq 26m26 minutes ago

DA says the legal issues in #HotCarDeath case are not as complex as #JustinRossHarris team suggests
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Cathy ‏@courtchatter 26m26 minutes ago

Prosecutor starts: #JustinRossHarris defense says June 18 was the worst day in his life, no it was the worst day in Cooper Harris' life

 

[atthelake]

ATL, do you cut and paste the tweets in one step? I copied a batch, but even if I pasted as text in a text editor, it still left lots of formatting to undo. :facepalm:

Yes, my cut/pastes aren't as good as others here. :blush:

 

[watergirl62]

Yes, my cut/pastes aren't as good as others here. :blush:

YorN? OMG, she spoils us!
Thanks for the tweets, we are not grading them.
I will have to practice.

 

[U2forever]

>snipped<

Prosecutor starts: #JustinRossHarris defense says June 18 was the worst day in his life, no it was the worst day in Cooper Harris' life

[emphasis mine]

Wham! Bam! Thank you ma'am!

 

[awakeandaware]

I am guessing the most severe punishment he could receive is LWOP. Yet I feel like most cases of "child left in hot car" receive zero jail time or very little. Of course, you could say that a lot of those cases are complete accidents, but people always allege that some aren't. I just worry that this case being unprecendented in that respect could pose an issue. I remember so many people defending JRH when the case first hit the news. Of course when the info came out about the search history, his supporters dwindled to none, but info that turns the public against you doesn't always hold up in court. Could his attorney figure out a way to make the sexting or internet search history seem less convincing?

This is a case of a nice, ordinary religious middle class, educated, non-threatening man who is being charged with a crime that no one has ever been charged with. He is possibly facing a punishment that is decades longer than what any other parent who left their child in a hot car has faced. Will this pose an issue in the courtroom? I feel like his attornies need to get the jurors to see the case from the same view his supporters did when the case first hit the news.

Foster father Seth Jackson 29, of Kansas will serve 32mon. for the of car death of his foster daughter.http://www.nbcnews.com/storyline/ho...h-jackson-sentenced-32-months-hot-car-n296866

 

[eileenhawkeye]

Foster father Seth Jackson 29, of Kansas will serve 32mon. for the of car death of his foster daughter.http://www.nbcnews.com/storyline/ho...h-jackson-sentenced-32-months-hot-car-n296866

In that case, he didn't do it intentionally, and he seemed to have remorse, but he was smoking pot when his daughter died. I don't think he is one of the most sympathetic parents this has happened to, and he only got 32 months. I am really curious to know what the most severe punishment anyone has received for leaving their child in a hot car. I've been led to believe that JRH is the first case where a parent has been charged with intentionally murdering their child. How unprecedented is this case? IMO, the result of this case could either make prosecutors more open to charging parents with murder for children who died in this horrific manner, or more relucatant. If JRH isn't convicted, if this case isn't enough to get a verdict, what would be? I feel like if that happens, the jury is saying that they don't believe a parent would kill their child in that way. And you have to wonder if the jury is just a fluke, or do they represent America?

 

[Jinkasaurus]

In that case, he didn't do it intentionally, and he seemed to have remorse, but he was smoking pot when his daughter died. I don't think he is one of the most sympathetic parents this has happened to, and he only got 32 months. I am really curious to know what the most severe punishment anyone has received for leaving their child in a hot car. I've been led to believe that JRH is the first case where a parent has been charged with intentionally murdering their child. How unprecedented is this case? IMO, the result of this case could either make prosecutors more open to charging parents with murder for children who died in this horrific manner, or more relucatant. If JRH isn't convicted, if this case isn't enough to get a verdict, what would be? I feel like if that happens, the jury is saying that they don't believe a parent would kill their child in that way. And you have to wonder if the jury is just a fluke, or do they represent America?

Its been a while since I read this article, so I can't remember any details, but it covers a number of cases where kids have been left in hot cars... some of which resulted in parents being charged.

https://www.washingtonpost.com/life...e0fe3a-f580-11e3-a3a5-42be35962a52_story.html

 

[eileenhawkeye]

From the article above:

Cases like Lyn Balfour’s, when prosecuted, typically end in some sort of compromise: a plea to a reduced charge, sometimes with probation and a suspended sentence, sometimes with community service. Going all the way to trial is a relative rarity.

What happened to Balfour was even rarer. She was charged not with manslaughter, but with second-degree murder, carrying a possible prison sentence of up to 40 years.

After Lyn Balfour’s acquittal, this comment appeared on the Charlottesville News Web site:

That was the only case in the story I could find where the parent was accused of murder---and she was acquitted. I didn't see one example in the story of the parent even getting a year in jail.

An El Cajon mother whose 4-month-old baby died after she unknowingly left him in a car overnight was sentenced Tuesday to 10 years in prison.

The father was charged with the same thing, but was found not guilty. It was the judge who sentenced her to 10 years, the maximum, because her other children showed signs of neglect, the baby had to be fed every 2 hours so how did she forget him for 14, and she used meth within a few days of the incident. She was charged with felony child abuse.

http://www.sandiegouniontribune.com/news/2015/sep/29/mother-sentenced-baby-death-hot-car/

Daniel Gray was recently sentenced to four years in prison for the death of his infant, who was left in a car for three hours during a hot Arizona summer, according to the Arizona Republic. Gray pleaded guilty to manslaughter.

http://www.cnn.com/2014/07/03/us/hot-car-deaths/

Samantha Harper was charged with two counts of aggravated child neglect and two counts of felony child murder. She pleaded guilty to two counts of attempted aggravated child neglect. Harper was sentenced to 16 years in jail. She will serve eight years upfront before being released on supervised probation from the remainder of the sentence

Two counts because two of her children died.
http://www.tennessean.com/story/news/local/rutherford/2014/06/18/smyrna-hot-car-deaths/10787651/

------

So it does seem like JRH's case is unprecedented. I did a google search for [child left in hot car "years in"] since I figured that would bring up all the cases where the parent recevied or faced 2+ years in prison. I am just a little worried about how there doesn't seem to ever be a case where the parent was charged and found guilty of intentionally killing their child in this manner. Is JRH the first person to murder his son this way or is this the first case where prosecutors feel they have enough evidence to go forward with murder charges?

 

[Jinkasaurus]

So it does seem like JRH's case is unprecedented. I did a google search for [child left in hot car "years in"] since I figured that would bring up all the cases where the parent recevied or faced 2+ years in prison. I am just a little worried about how there doesn't seem to ever be a case where the parent was charged and found guilty of intentionally killing their child in this manner. Is JRH the first person to murder his son this way or is this the first case where prosecutors feel they have enough evidence to go forward with murder charges?

I've been wondering the same things.

 

[MsMarple]

SmartSassyBBW posted in the media links thread that Harris' trial has been delayed to April:

http://m.ajc.com/news/news/crime-law/trial-for-cobb-dad-in-hot-car-death-case-delayed-u/npyTq/

Justin Ross Harris will appear in Judge Mary Staley's courtroom on April 11 to face trial in the June 2014 death of 22-month-old Cooper Harris, Atlanta's Fox 5 reported today. His trial was to have started next month, but now motion hearings instead will be held during three days in February.

http://www.al.com/news/birmingham/index.ssf/2016/01/trial_for_justin_ross_harris_i.html

 

[Minette]

Good. By April it will be quite warm here.

 

[MzOpinion8d]

I'm not familiar with details on any hot car death but this one (I'm familiar with the overview of many of them, though).

Some of the differences in this case:
*it was his normal routine to drop Cooper off (often a deviation in routine causes the parent to go into auto-pilot mode and they forget they're supposed to drop the child off)

*he literally had to have forgotten Cooper was with him in less than 3 minutes, based on the location of the Chik-Fil-A to the turn he had to make to the daycare

*he is on camera appearing to choose a somewhat secluded parking spot, where Cooper would be less likely to be spotted by passers-by

*the car seat was positioned rear-facing in the middle of the back seat, and at Cooper's height the top of his head would have been visible just over JRH's right shoulder, and JRH had to lean to the right to pick up his bag (from the passenger seat floor area I believe)

*the car seat was too small for Cooper and likely had been for at least a couple of months, which isn't remarkable by itself, because many parents might make the seat work longer than it should because they can't afford a new one yet, but they had another, bigger seat for Cooper already, and JRH made statements to police about how he knew all about the car seat Cooper was in, so he clearly knew it was not the right size for him

*and...I need to search for a source on this part, but I believe it was part of the testimony that the car seat straps were set on the lowest setting, as they would be for an infant...so even if they were trying to wait to get a 2nd bigger car seat, the straps should have been adjusted properly since JRH knew all about the seat

(As an aside, it is very common for parents to leave car seats at the day care so the person picking up has a seat for the little one, so even if JRH and LH could only afford one bigger seat, there was really no excuse for them to continue using the infant seat)

*he returned to the car during the middle of the day to put away the light bulbs he purchased during lunch

*he sent his friends a text saying he'd be late to the movie, yet he left work early in order to get to the movie

*detectives testified that there was a noticeable odor in the car even hours later when they examined it, yet JRH entered the car, never put the windows down, and drove at least a couple miles while in the car with the odor, and said he only noticed Cooper was still in the car when he glanced over his shoulder to look for cars so he could change lanes

*and of course, his activity on that day having conversations with six women, and his computer history revealing he had watched a video about animals dying in hot cars and he had been reading a forum about child free living, and his text that morning to a woman said something along the lines of he loved his son but missed his freedom

I think there was one other case I've read about where the woman got in the car and drove with the child in the car. She worked at a university I think, and the child was about a year old, give or take a couple months.

Another difference is that Cooper was a lot older than most kids who die from being forgotten in the car. It was highly unlikely that he was even being quiet - he was 2 and had just had breakfast, it wasn't like it was nap time.

So...those are off the top of my head. From what I know, it's a lot different than most hot car deaths.

 

[Zinvestigator]

An excellent analysis and well thought out post! I hope the prosecution teams read Websleuths to get a bead on how sleuth's see things! Thanks!

 

[burke_dennings]

They overdid it at that crazy probable cause hearing.

Some of the revelations, i.e. the sexting, could have been kept under wraps.

And with all the publicity, finding impartial jurors may prove difficult.

 

[watergirl62]

Cathy@courtchatter #JustinRossHarris - READ LATEST RULING. Judge rules probable cause existed for search/seizure electronic devices.... http://fb.me/788eJR8mJ



01/26/2016 - Order denying motion to suppress