The Sidebar - Harris Trial

[TexMex]

Judge told jury to rely on their collective understanding of wanton

 

[Hope4More]

They want a legal definition of "wanton" and a printed transcript of the Stoddard interview.

Thank you. Hmm. Interesting start. So, they want to be sure they understand the charges, maybe, and.....a transcript rather the video of the Stoddard interview. Maybe because transcripts would be easier to work with as a group. Wonder why the interview?

 

[BetteDavisEyes]

Ross seemed to get real serious while word "wanton" was being discussed.

 

[minor4th]

Which charge had wanton in it? What do these questions mean in your mind?

I think it's part of criminal negligence - which would only be part of 2nd degree child cruelty

 

[arkansasmimi]

Commentary with Vinnie P http://www.courtchatter.com/ross-harris-trial-live-stream-1

 

[arkansasmimi]

They want a printed transcript of Stoddard interview. Not sure they'll get that either.

Wasn't that just for courtroom?

 

[JerseyGirl]

Can I get a link to an open feed? TIA!

http://www.wildabouttrial.com/trial_videos/justin-ross-harris-live-stream/

 

[minor4th]

FYI.

http://legal-dictionary.thefreedictionary.com/wantonly

 

[Hope4More]

I think it's part of criminal negligence - which would only be part of 2nd degree child cruelty

GA statute definition of criminal negligence--. "Criminal negligence is an act or a failure to act which demonstrates a wilful, wanton, or reckless disregard for the safety of others...."

"Wanton" is kinda redundant. They should be able to understand the definition of crim negligence even if they don't agree on a precise definition of wanton.

 

[BetteDavisEyes]

https://www.google.com/?gws_rd=ssl#q=wanton+definition

 

[GA_Peach]

I think it's part of criminal negligence - which would only be part of 2nd degree child cruelty

Since 2nd degree CC is the underlying felony, it impacts felony murder by extension. I understand why the judge cannot reply, but how is a jury supposed to decide if they don't understand the charge?

This jury makes me very nervous.

 

[ShHolmz]

GA statute definition of criminal negligence--. "Criminal negligence is an act or a failure to act which demonstrates a wilful, wanton, or reckless disregard for the safety of others...."

"Wanton" is kinda redundant. They should be able to understand the definition of crim negligence even if they don't agree on a precise definition of wanton.

Can we tell how far down the list of charges they are by this question?

 

[Hope4More]

Can we tell how far down the list of charges they are by this question?

I don't see how. My guess is they did first things first by reading over all the charges, perhaps in part to choose what evidence they needed to focus on.

 

[minor4th]

Since 2nd degree CC is the underlying felony, it impacts felony murder by extension. I understand why the judge cannot reply, but how is a jury supposed to decide if they don't understand the charge?

This jury makes me very nervous.

They have enough context to figure out what criminal negligence means even if someone doesn't understand what wanton means.

 

[minor4th]

Can we tell how far down the list of charges they are by this question?

I don't think they have to address the charges in order

 

[JerseyGirl]

From yesterday, jury instructions:

Staley Clark is reading the full indictment to the jury.

Harris is presumed innocent until proven guilty, Staley Clark told the jury. The burden of proof rests on the state to prove every element of the charges beyond a reasonable doubt.

A reasonable doubt means just what it says, a doubt of a fair minded impartial juror who is honestly seeking the truth, she said. It’s based on common sense.

“If you find your minds are waver, unsettled or unsatisfied, that is a doubt of the law and you must acquit the defendant,” she said.

If there’s just grave suspicion of the defendant, that’s not enough.

You must decide for yourself whether to rely on a witness’ testimony, Staley Clark said.

Apply common sense and reason to decide the credibility of the testimony of any given witness, she said. The testimony of a single witness if believed is sufficient to establish a fact.

The defendant does not testify and if he doesn’t you can consider that in any way in making your decision, Staley Clark said. Harris chose on Friday not to testify.

Criminal negligence is the willful wanton or reckless disregard for others who may reasonably expected to be harmed by the defendant’s actions. Even if not convicted of malice murder, a murder verdict based on criminal negligence could still carry a sentence of decades to a lifetime in prison.

An accident is an event takes place without foresight or expectation. If the evidence shows Cooper’s death as a result of misfortune or accident and not a criminal undertaking or criminal negligence, the jury must acquit.

To constitute murder, the homicide must have been committed with murder – the unlawful intention to kill without justification, excuse or mitigation. Georgia law does not require premeditation and no length of time to develop malice is necessary.

“Malice may be formed in a moment,” Staley Clark said.

Motive is also not required to find someone guilty of murder.

Staley Clark is explaining to the jury each of the eight counts Harris faces.

These are the charges against Harris:

Count 1: Malice murder

Count 2: Felony murder (caused Cooper’s death while committing cruelty to children in the first degree – with malice, left Cooper alone in a hot car)

Count 3: Felony murder (caused Cooper’s death while committing cruelty to children in the second degree – with criminal negligence, caused Cooper’s death by leaving him alone in a hot car)

Count 4: Cruelty to children in the first degree

Count 5: Cruelty to children in the second degree

Count 6: Criminal attempt to commit the crime of sexual exploitation of children – that is, Harris asking a girl under the age of 18 to send him a nude photo of her genital area

Count 7: Dissemination of harmful material to minors – sending a girl under age 18 a message “containing explicit and detailed verbal descriptions and narrative accounts of sexual excitement and sexual conduct”

The verdict, whatever it is, must be unanimous, Staley Clark said.

http://www.ajc.com/news/breaking-ne...rris-murder-trial-nov/7yW34mxHDUxbdjIjTswD7M/

bbm

 

[minor4th]

I think we may be here a while, folks. This jury seems a bit obsessive and inflexible from their notes and questions so far.

 

[GA_Peach]

They have enough context to figure out what criminal negligence means even if someone doesn't understand what wanton means.

I understand what you are saying. However, willful, wanton, and reckless are not exactly synonymous. The jurors should clearly and fully understand the charge before being asked to decide Ross's guilt. It makes me very uneasy that the jurors are struggling to understand the charge.

 

[ScotAng]

And by extension felony murder. I understand why the judge cannot reply, but how is a jury supposed to decide if they don't understand the charge?

This jury makes me very nervous.

There's an ex forewoman on this jury, I wonder if she's an alternate. Wanton's a pretty basic word, I'm puzzled why they'd focus on that in particular.

Also wondering what part of the RH/Stoddard interview they're discussing since they requested the transcript. They obviously don't want to watch the whole thing again.

 

[Hope4More]

They have enough context to figure out what criminal negligence means even if someone doesn't understand what wanton means.

I'm curious what they'll consider when trying to figure out criminal negligence, since the State imo didn't directly link any of his actions/failure to act with this charge.

The closest I can guess is whether or not they believe his Whisper texting before, and during CFA , then at the intersection, constituted a wanton, wilful, or reckless disregard of Cooper's safety because he was so preoccupied with that he "forgot" Cooper.