I read some of Dr Diamonds theories on Forgotten Baby Syndrome last night.
I don't think he will be able to easily fit this particular case into his theory.
He talks about 3 main things contributing;
---Sudden change in routine. -----we don't really have that here. Ross usually dropped off the baby and he often took him through the CFA drive through on way to daycare. So it was not a sudden change in routine for them.
---extra stress factors------ The defense might try and say he was under stress from work. But that might be a stretch considering he was focusing on random sexting partners, not work that morning.
---fatigue-----They may try and say he was overly tired because he had been up late and then up again early. But if they focus on WHY he was awake so late, and what he was doing all that time, it will add to the potential Criminal Neglect findings, imo.
Also, the very short time span from leaving CFA and forgetting the turn towards daycare being only about 30 seconds, is very problematic for them, in my opinion. I understand that 'forgetting' just takes an instant. But that has to be taken into context. There needs to be a period of time where automatic pilot kicks in. And he had just buckled the baby in, and the car seat was inches from his drivers seat. So it seems very unlikely that he could go so instantly into autopilot, while he had so many visual cues, and was also discussing him in a texting conversation.