Trial - Ross Harris #2

[arkansasmimi]

I still have testimony to review from today. I did catch the ME Investigator testimony and it was very interesting. *It's not what you say, it how you say it*

JMHO Under State Direct it was made to sound like RH wife LH refused to speak with the ME Investigator. Investigator said he spoke to her trying to obtain information about her child medical history. And that he was told to speak to her attorney or LEO. He spoke to CCPD and got the primary care physician info & subpoena the records. 7/3/14 Cooper Harris medical records were rec'd and Jackson gave to Dr. Frist.

Under Cross e/ Ludwig:
On your report you only check box DOS (death on scene) Official Autopsy Report here: http://media.wix.com/ugd/943520_7cd46570b4a9474b9e36c87173e7a14d.pdf

Ludwig: you tried to contact defendants wife on 6/19/14 same date? on the phone?

Jackson: yes

Ludwig: how long was conversation on phone long.

Jackson: Not long, I wanted to see if about his medical history as if maybe had asthma or anything medical

Ludwig: Did LH refuse to give you this information?

Jackson: No, she had already given this info and referenced who she had given to

Ludwig: LH gave you funeral home information, correct

Jackson: yes correct

The portion of ME Inv Jackson report that the Def referenced

 

[Hope4More]

Wait right here Coop, daddy will be right back.

And the toddler who for every other minute until then is said to have most certainly been talking up a storm and flinging his arms about and in every way possible making it impossible to be unseen or unheard, whispers back -ok, and stays silent for 15-16 seconds as his daddy sits in the car, gathering up his stuff, getting ready to leave him there alone?

No way. Jmo.

 

[DaleTray]

From my understanding it was 33 seconds from stop until he got out of car.

Testimony was it was 33 seconds from stop car until the door closed

 

[yupikgirl]

We have his reaction at the scene, at the police station and while he was there just chilling with the guys... anything after that is too little too late imo

Agreed and if there is anything at the end of the video as other posters have suggested here...the defense would have brought it up today while we were watching the video. Doesn't make sense to wait until later when the video was up and playing. Just another attempt by the defense to act as if there is other evidence yet not actually show it.


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[MsMarple]

And the toddler who for every other minute until then is said to have most certainly been talking up a storm and flinging his arms about and in every way possible making it impossible to be unseen or unheard, whispers back -ok, and stays silent for 15-16 seconds as his daddy sits in the car, gathering up his stuff, getting ready to leave him there alone?

No way. Jmo.

Yet we are expected to believe he fell asleep within 30 seconds or less after being snapped into his car seat? Uh uh.

 

[arkansasmimi]

And today, ME Inv Jackson flat impeached Lt James Ferrell testimony. We know that Ferrell was on scene because State pointed him out in a crime scene photo he was in the background. I remember that testimony id of him but forget at moment who it was that id him. Probably Officer Piper or CSI Shumpert who took the crime scene photos < JMHO

Review of LT Jame Harris Testimony Wed 10/12/16 - day of CF employees, then EMT Payton, Ferrell, CSI Grimstead order of testimony if want to review (then out for Hurricane)
Direct jmho from listening/reviewing testimony to best of my ability notes:

6/18/14 responded to scene arrived 5:15-5:20 pm
*did a report months later, almost a year when case was being sent to the DA office, it was noticed that they did not have his report from 6/18/14.
"an oversight, usually not that involved - got distracted" was promoted and moved out of the department. * Currently Captain, Cobb County Dept of Public Safety

Testified from his supplement report which is dated 6/18/14.
On Direct, says his memory very clear in mind.
Crime scene secured,
Was informed by uniformed LEO that RH had been secured in back of patrol car. Ferrell never went to the patrol car or close. (testified was looking at the big picture of crime scene.)
Crowd had stared to gather
Sheet over child. was briefed by officers of what they believed to have occured. CSI tech Shumpert and ME Tech Jackson there. Ferrell testified that he put his head into the SUV drivers open door - noticed an odor. A/C was on, described the odar as "diaper, sweat & unusual odor that I can relate w/death"

ME Investigator Jackson was there. Ferrell says he assisted in that process, didn't do a whole lot, was analyzing what info was being told. "was 30-36 inches from Cooper body" "Got down next to Cooper" describes what he saw and smelled "matted hair and was stiff" "knees bent up, scratches on face, eyes open, mouth open" "noted a smell when came close to Cooper, diaper, sweat and death" "Cooper was not under sheet at this time"
State: did you do anything else? No briefed and turned over to Det Stoddard.

CROSS
How many LEO were on scene when you arrived? dnont know
Raisse and Stockinger (unsure on spelling) were on scene when arrived
Property Det on scene. Not sure if Det Stoddard was there or not when Ferrell arrived.
Patrol car w/RH was 40-50 feet away, Had been told why RH in patrol car.
How long after arrived til you entered the crime scene? Not long after
When working a case as serious as a homiced it is import to document ever piece of evidence.
Ferrell: A child left in a car is a criminal case in my mind.
Def: before you interview anyone to determine if it were a homicide?
Ferrell, does not remember what was told, does not recall the car seat exaactly,
Defid you tag along with ME Jackson?
Ferrell: No, he going to focused on the body
Def: when you first went to the body, who was with you?
Ferrell:
Def: when shirt pulled up, diaper down, where you?
Ferrell: Jackson on one side, I in middle, Shumpert on the other side. Shumpert took photos.
Def: any reason why Shumpert wouldn't be able to see you?
Ferrell: No
Def: in your report you indicated you bend down, gasses, odor dead body and diaper
Ferrell: yes from his experience from many scenes
Def: Leaning down over Cooper?
Ferrell: Yes
Def: ME Inv Jackson explaining what you were seeing?
Ferrell: Yes, livitiy, rigor
Def: moving body and clothes
Ferrell: yes
Def: Prior to getting to the scene, you were not aware of who had moved the body, moved the body before your got there
Ferrell: no
Def: did you tell anyone on the scene about the smell?
Ferrell: no, not at scene, but told Stoddard later that night.
Def: who was there when you told Stoddard that night?
Ferrell: Det Raisse and Det Murphy
Def: you didn't write a report , even though you told that you would
Ferrell: My main position is organization and no excuse, got busy and didn't write one *just forgot*
Def: 1 year later brought up againd, did you write it then?
Ferrell: within the next day or 2
Def: who would you submit your report to?
Ferrell: just one of the shift supervisors
Def: would Stoddard approve?
Ferrell: System would go to the supervisor, unsure if Stoddard seen.

 

[Maisiebelle]

I'm still struggling to accept he simply forgot Cooper was in the car when RH apparently drove him to daycare 19 out of the previous 25 days before his death. He did it pretty much every day. How could he forget?

 

[Hope4More]

Looking at the timeline in relation to Cooper being awake or not.

Leanna has said, and imo will almost certainly testify to at trial, that Cooper hadn't slept well for the prior 2 nights. IIRC, Cooper was awake before 6AM on the 18th. RH takes him to CFA, but that breakfast wasn't about spending special time with Cooper. If it was, RH wouldn't have been texting on his phone the whole while.

I'd love to see his complete text record from 6-9AM, because I think it's entirely possible the only reason RH took Cooper to CFA is that he'd been delayed by his texting, and knew he couldn't get Cooper to daycare in time for breakfast. I also think it's possible he went inside instead of the drive through because he wanted to keep on texting with Mrs X, right then, screw the rest.

Whatever he was thinking, just how engaged could Cooper be with a daddy who was sitting across from him texting, instead of paying attention to him?

Daddy puts him in a carseat, and what are the odds daddy is talking with him after that? About zero, imo. Daddy is thinking about Mrs. X.

So yes, I believe a tired Cooper who has already been up for 3 1/2 hours- give or take, has been ignored all morning by daddy, and who has just eaten, could very easily have been quiet first, and asleep immediately afterwards.

 

[arkansasmimi]

JMHO these 2 impeach the testimony and the 1 year old catch up report by Lt James Ferrell. JMHO from trial testimony.

CSI Brett Shumpert: Testified 10/5/16
ME Inv Jackson removed sheet off Cooper.
*2nd video after ME Inv Jackson arrives
Called out by LT Ferrell. Lt Ferrell said deceased child under sheet, no description given.
In his orig report did note a "smell" in his report as it was unremarkable. Yet today testimony is that it smelled "wet, sweaty, urine smell"
Def: never made a report on smell?
Shumpert: no
Def: Did anyone ask you about that previously?
Shumpert: believes only in passing
Def: Who in passing?
Shumpert: do not recall
Def:
Police Officer: no
Superior: no
Detective: don't recall
Shumpert: was not there when car removed, did not help ME Inv Jackson put body in bag, but was there when the body was removed
Shumpert was on scene about 2 hrs
*no mention of Ferrell beside Shumpert and the ME Inv Jackson


ME Inv Jackson 10/18/2014 testimony
6/18/14
Rec'd call 5:15pm deceased child found in fathers car
Arrived: 5:50 pm
*per report left scene: 6:45 pm http://media.wix.com/ugd/943520_7cd46570b4a9474b9e36c87173e7a14d.pdf
arrived at Cobb County Forensic Center : 9:04 om

Ludwig Cross:
Def were you advised was a crime scene or not?
Jackson: no, just that child found inside fathers car
Def EMS on scene?
Jackson: no
Def: who did you speak with initally?
Jackson: Ferrell, others had stepped aside
Def: did Ferrell indicate how wanted handled?
Jackson: no, was just told fowl play could not be ruled out.
Def: did you suit up?
Jackson:yes body suit
Def: he only one who did?
Jackson: yes
Def: did you know who placed sheet over body?
Jackson: no, did not ask
Jackson: removed the sheet and CSI Shumpert was there
def: no police officers there?
Jackson: no, only he and CSI Shumpert
Def: NO ONE ELSE?
Jackson: no only he and CSI Shumpert

Det Raisse is who gave orig information of child left in hot car. Jackson does not remember seeing Det Raisse at the scene.
Jackson goes about raising the shirt up, diaper down, *noted smell of urine from diaper
CSI Shumpert was taking photos

Def: what was Shumpert doing /seeing
Jackson: taking photos
Def: any one else come up?
Jackson: no
Def: anyone asking you to take photos?
Jackson: no
Jackson testified that from time he suited up til time he prepared for transport was less than an hour.
Only thing marked on his report was DOS *so the Autopsy Report we have linked is the only one.

 

[MsMarple]

Looking at the timeline in relation to Cooper being awake or not.

Leanna has said, and imo will almost certainly testify to at trial, that Cooper hadn't slept well for the prior 2 nights. IIRC, Cooper was awake before 6AM on the 18th. RH takes him to CFA, but that breakfast wasn't about spending special time with Cooper. If it was, RH wouldn't have been texting on his phone the whole while.

I'd love to see his complete text record from 6-9AM, because I think it's entirely possible the only reason RH took Cooper to CFA is that he'd been delayed by his texting, and knew he couldn't get Cooper to daycare in time for breakfast. I also think it's possible he went inside instead of the drive through because he wanted to keep on texting with Mrs X, right then, screw the rest.

Whatever he was thinking, just how engaged could Cooper be with a daddy who was sitting across from him texting, instead of paying attention to him?

Daddy puts him in a carseat, and what are the odds daddy is talking with him after that? About zero, imo. Daddy is thinking about Mrs. X.

So yes, I believe a tired Cooper who has already been up for 3 1/2 hours- give or take, has been ignored all morning by daddy, and who has just eaten, could very easily have been quiet first, and asleep immediately afterwards.

Then why didn't he conk out during the ride from his house to CFA? That makes much more sense under your scenario.

 

[Hope4More]

Then why didn't he conk out during the ride from his house to CFA? That makes much more sense under your scenario.

Maybe he did. We haven't heard anything about that ride. What we saw on the CFA video of the 2 approaching the counter was that RH was carrying Cooper. Per the daycare teachers, RH only carried Cooper in if Cooper wasn't all the way awake. Otherwise, Cooper bounded in on his own 2 feet.

 

[yupikgirl]

Then why didn't he conk out during the ride from his house to CFA? That makes much more sense under your scenario.

And according to Ross- cooper ate at home.


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[blue22]

Unfortunately I think Dr. Diamond will have all the answers. And I don't mean that he will convince me of Ross' innocence just that he's impressive on the stand. He's decent looking, affable and has a knack for explaining his theory in an easy to understand way. I've also noticed (JMOO) that over time he has moved the goalposts a tiny bit - the Jayde Poole trial left me scratching my head. Regardless, he consistenly convinces juries that anyone, even the best parent, can be fooled by misfirings in the amygdala and basal ganglia. Personally (again JMO) I feel like he's leaving out an important element - the position the child holds in the parent's internal list of priorities.

I don't doubt that Dr. Diamond is sincere and not just conning defense teams to lay out big fees for his testimony - he actually will agree on the stand that it's just a theory - and I think much of his science is sound. But... there really isn't a way to study it using the scientific method. He can't wire up a parent's head and send them off to forget their kid in a car and even if it was possible it would be unethical.

It's a lot to swallow that Dr. Diamond claims any of these:

A change in routine

or

A distraction

or

Stress

or

Lack of sleep

can cause a parent to believe they delivered their kid to daycare. It pretty much covers everything a typical parent experiences every day. It's amazing that my three kids made it to adulthood.

I was watching news coverage of the trial when it first started and they had a local attorney discussing the case. (I don't remember which channel, I think it was CNN. I have watched SO many.) Anyway, she said Boring is very strong on cross. It was her opinion that direct is not his strongest. I look forward (for lack of better words) to the cross examination.

I have no doubt Diamond is charismatic and believes in his research. I still view it as unsubstantiated pseudo science. There might be one or more jurors that can be convinced of the same on cross examination. Or the defense might simply not convince the jury. It will certainly be very interesting.

 

[alexwood]

What I didn't know and always wanted to, was how long it took from his house to CFA. I was listening to some of the testimony last night on YouTube and, correct me if I'm wrong and didn't hear it right, but it took roughly 15-20 minutes and somehow he didn't forget Cooper. In fact he got him out of his car seat and carried him into CFA (unusual). Then after strapping him in his car seat, drives off and in less than a minute or so he FORGETS??? Why or why didn't he forget him when going into CFA? Why didn't he take Cooper to daycare first, then go to CFA?

And, piling on further -- He took extraordinary measures to ENSURE that he would not forget those all-too-important LIGHT BULBS!!! Making the time to buy them, and then THINKING IT THROUGH which led to his taking the additional time and effort to go out of his way to deposit them in his vehicle so that he did not go home without them! That is just how frickin important those damned light bulbs were to him.

Someone who is capable of doing those mental gymnastics over LIGHTBULBS would, in my opinion, have to go out of his way to IGNORE THE LIGHTBULB in his head reminding him not to FORGET HIS OWN CHILD.

 

[blue22]

Maybe he did. We haven't heard anything about that ride. What we saw on the CFA video of the 2 approaching the counter was that RH was carrying Cooper. Per the daycare teachers, RH only carried Cooper in if Cooper wasn't all the way awake. Otherwise, Cooper bounded in on his own 2 feet.

In the video Cooper appeared very alert while Ross is holding him. IMO, he was probably holding him so he wouldn't wander while he was ordering and such.

 

[pet friend]

The finances should be interesting - the defense managed to get information about the two life insurance policies excluded but that wouldn't include other financial information. Personally I don't think the policies or even other financial troubles are directly related to Ross' actions but who knows. Apparently he had taken over the family finances just weeks before Cooper's death. I haven't seen anything about why he did though - it does sound like he and Leanna were bickering over money.

OTOH, msm reported that he was asking relatives to look into the payouts just days after Cooper died so maybe the money (27k) was important to him. It doesn't seem like it would go very far in Atlanta but it would be a nice chunk of seed money for his new business. Still, I don't see him killing Cooper for 27k.

In any case I doubt Ross will testify on his behalf. I'd really like to see him on the stand but Kilgore probably knows better than to let him speak...

Thank you. I did not know that info regarding life insurance on Cooper was not allowed to come in during trial. Was it considered to be too prejudicial? I defer to others more knowledgeable on the Cas tia

 

[GA_Peach]

When you say"caught the light" you mean a red light? Lol. That explains my confusion about what you've said about times. Where i come from"caught the light" means a green light.

Ha ha! Yes, caught the light =caught at light = light was red. I had no idea that caught the light could even mean that it was green. I apologize for the confusion!

 

[Hope4More]

In the video Cooper appeared very alert while Ross is holding him. IMO, he was probably holding him so he wouldn't wander while he was ordering and such.

I think this is one of those personal- experience -as -a -parent -informs -one's perspective things.

I don't think Cooper looked very alert and awake. I saw a toddler who looked like he'd woken up enough to not be half asleep, but wasn't all the way awake either. At that age there is no way my DS would have allowed me to carry him around like that if he was awake, and no way I'd want to either.

The counter wasn't crowded at all, RH knew the place and the crew, no worries, imo.

 

[blue22]

I think this is one of those personal- experience -as -a -parent -informs -one's perspective things.

I don't think Cooper looked very alert and awake. I saw a toddler who looked like he'd woken up enough to not be half asleep, but wasn't all the way awake either. At that age there is no way my DS would have allowed me to carry him around like that if he was awake, and no way I'd want to either.

The counter wasn't crowded at all, RH knew the place and the crew, no worries, imo.

I saw a wiggly toddler, but as you said we can all see things differently.

 

[Hope4More]

Ha ha! Yes, caught the light =caught at light = light was red. I had no idea that caught the light could even mean that it was green. I apologize for the confusion!

The confusion was entirely due to my Yankee unfamiliarity with how y'all talk about lights, but thanks. (Pop or soda?)