Trial - Ross Harris #5

[Hope4More]

RBBM, yet this wasn't brought up by State? Would that be from a witness or hearsay? Maybe as a Rebuttal witness ?

As far as we actually know, what happened in May was RH didn't get the promotion he was expecting and went through a period of depression as a result.

 

[Maisiebelle]

This case hurts my heart just like it does for everyone here. When it first was reported I thought it was just another tragic, preventable accident. Very soon afterward, I read of the father's arrest, the supposed internet searches by both parents on child car death, and the seemingly odd reactions by the parents to their baby's death. As the facts unfold, doubt on the accuracy of some of the initial reporting seems evident.

Since then I had my own beloved son die suddenly without warning.

I am truly sorry for your loss.

 

[Maisiebelle]

I really do think that the jury deserves to hear about the inconsistencies between what was actually said and what the police said to get the search warrants.

 

[angelainwi]

I really do think that the jury deserves to hear about the inconsistencies between what was actually said and what the police said to get the search warrants.

Agree. But does the defense really want to go there with the subject matter they are presenting. These are not good subjects to put back in the jury's head at this time

 

[Maisiebelle]

Agree. But does the defense really want to go there with the subject matter they are presenting. These are not good subjects to put back in the jury's head at this time

I agree with you too. But in the interests of justice and to make sure there aren't any grounds for an appeal later, they should be allowed to hear this evidence. If the defence are bringing this up they must have a plan.

 

[arkansasmimi]

Murphy is who started the wrong info that the straps were in the lowest setting, yet State doesn't want the jury to hear that. :gaah: and State doesn't want the jury to know about the false info. SW say he possible used iPhone 5 to search for the searches he allegedly stated researched hot car and temp of hot car for animals and child to die

 

[MsMarple]

RBBM, yet this wasn't brought up by State? Would that be from a witness or hearsay? Maybe as a Rebuttal witness ?

The friend was interviewed by a reporter from People and was only identified as a "church friend' at Ross' and Leanna's church so maybe the prosecution couldn't find her or maybe what she had to say would be hearsay. I dunno. There was also an ex-friend of Ross who was quoted in msm but not called as a witness. I don't know why neither were called.

http://people.com/crime/hot-car-toddler-death-friends-react-to-justin-ross-harris-murder-charges/

 

[arkansasmimi]

If the Judge rules against the the Defense on this. It is wrong. CCPD should have done the right thing to begin with.

 

[arkansasmimi]

The friend was interviewed by a reporter from People and was only identified as a "church friend' at Ross' and Leanna's church so maybe the prosecution couldn't find her or maybe what she had to say would be hearsay. I dunno. There was also an ex-friend of Ross who was quoted in msm but not called as a witness. I don't know why neither were called.

http://people.com/crime/hot-car-toddler-death-friends-react-to-justin-ross-harris-murder-charges/

Oh then that doesn't matter as far as trial (for me, not meaning to be snarky)

 

[JerseyGirl]

Back from the break. Defense attorney Bryan Lumpkin, outside the presence of the jury, explains in detail to the court what the defense wants to know from Det. Shawn Murphy.

Lumpkin cites occasions on which Murphy made false statements on multiple warrant applications.

Several of the applications contained variations of the statement that Harris had admitted to conducting web searches to learn about "child deaths inside vehicles and what temperature was needed for that to occur." Lumpkin reads these statements, which all proved to be untrue but were all used as grounds for obtaining the search warrant. "These," Lumpkin said, "(are) personal statements made by this witness (Murphy), under oath, to the magistrate."

He complains that these were actions taken directly by Det. Murphy but that the court, agreeing with prosecution motions, will not permit the defense to ask questions about it.

"We respectfully disagree with the ruling on legal grounds," he said, adding later: "This defendant has constitutional rights, and this court is in place to uphold those."

http://www.ajc.com/news/local/minute-minute-the-justin-ross-harris-trial-oct/hxhLRIbpQMr4wj0AW6dk5N/

 

[Ms. Fletcher]

I live in one of the specific areas that was mentioned today in court regarding the home search testimony. In regards to the point that was brought out in cross about it being a prestigious thing to say you live in such-and-such area is important IMO. Defense is trying to point out that they were focusing on a good school district. Did I miss hearing a part of the testimony where Ross specifically said school district was HIS #1 priority? I know he listed it as something to be considered, along with price, distance to work, etc. But this was only after the agent testified that he told them they should focus on certain desirable school districts. Here's my point: In this area there are a lot of people that want to be in these particular areas because of the school their children will attend. However, this then causes property values to rise, upscale businesses to move to the area, and it to become a prestigious place to say you live... whether or not you have or plan to have children. I do not think anyone can assume Ross' main reason to want a home in East Cobb was because of a school his child would attend. It was a status symbol he was after. IMO

 

[arkansasmimi]

How can the SW be irrelevant if they are what were used in the investigation? Murphy swore to the Magistrate they were true! .

 

[GA_Peach]

Oh good grief, Tex. (Long time no see). Y'all make me wonder why the State didn't add the charge of violating car seat regulations right up there with those felony and malice murder charges.

I'm beginning to think all the focus on car seat regulations is because no one here can point to any piece of actual EVIDENCE that RH "neglected" his son or didn't love him.

The biggest piece of evidence to me is that Ross was texting on his drive to [what should have been] Cooper's daycare. He continued to text and sext all day while Cooper baked in the car, and that limited Ross's ability to recall Cooper. That seems pretty neglectful to me.

False information in 10 SW with now known false information.

Awful.

I really do think that the jury deserves to hear about the inconsistencies between what was actually said and what the police said to get the search warrants.

100% agree. These were mistakes made in the investigation, and the jury should be aware of them. The jury should decide how (ir)relevant the information is.

If the Judge rules against the the Defense on this. It is wrong. CCPD should have done the right thing to begin with.

I cannot stand Ross, but he deserves a fair trial. Suppressing this information would deny him the right to fair trial IMO. The State knows how much this will hurt their case, and that is why Det. Murphy was not called by the State.

ETA - Did I understand correctly that the DT will not be able to present this evidence?

 

[arkansasmimi]

I live in one of the specific areas that was mentioned today in court regarding the home search testimony. In regards to the point that was brought out in cross about it being a prestigious thing to say you live in such-and-such area is important IMO. Defense is trying to point out that they were focusing on a good school district. Did I miss hearing a part of the testimony where Ross specifically said school district was HIS #1 priority? I know he listed it as something to be considered, along with price, distance to work, etc. But this was only after the agent testified that he told them they should focus on certain desirable school districts. Here's my point: In this area there are a lot of people that want to be in these particular areas because of the school their children will attend. However, this then causes property values to rise, upscale businesses to move to the area, and it to become a prestigious place to say you live... whether or not you have or plan to have children. I do not think anyone can assume Ross' main reason to want a home in East Cobb was because of a school his child would attend. It was a status symbol he was after. IMO

I believe testimony was that was what RH and LH stated that in their Feb 2014 meeting. JMHO

 

[Hope4More]

If the Judge rules against the the Defense on this. It is wrong. CCPD should have done the right thing to begin with.

Well, she's wrong, then. Punctuated by an eyeball roll and a big yawn.

The State is correct on one point for sure: the defense has argued before, pretrial, that the original 8 SW's were obtained illegally because of the "mistatements" of fact contained in the affadavits.

I've posted about this before, but in Staley's ruling against the defense (1/2016) she stated, explicitly, that even if LE actually LIED in order to obtain the warrants it didn't matter as a question of law, as long as the magistrate being asked to issue the warrants could reasonably conclude, based on the facts presented (by LE and only LE) that there was probable cause to issue the warrants. .

In this case, she ruled the magistrate had probable cause to issue (non electronic) warrants due to the fact a baby who was in his father's "care" was found dead, with no veritable cause of death. Good enough.

On the electronics she ruled the phone wasn't illegally seized or searched, and that no matter how incorrect the info was provided by Murphy, the fact that RH had viewed ANYTHING relating to hot cars made the SW's warranted because "RH hadn't specified which electronic device he'd used to access that information."

Decide for yourself if that process sounds "fair."

 

[Maisiebelle]

The biggest piece of evidence to me is that Ross was texting on his drive to [what should have been] Cooper's daycare. He continued to text and sext all day while Cooper baked in the car, and that limited Ross's ability to recall Cooper. That seems pretty neglectful to me.



Awful.



100% agree. These were mistakes made in the investigation, and the jury should be aware of them. The jury should decide how (ir)relevant the information is.



I cannot stand Ross, but he deserves a fair trial. Suppressing this information would deny him the right to fair trial IMO. The State knows how much this will hurt their case, and that is why he was Det. Murphy was not called by the State.

ETA - Did I understand correctly that the DT will not be able to present this evidence?

She ruled against them presenting the evidence.

 

[TexMex]

Oh good grief, Tex. (Long time no see). Y'all make me wonder why the State didn't add the charge of violating car seat regulations right up there with those felony and malice murder charges.

I'm beginning to think all the focus on car seat regulations is because no one here can point to any piece of actual EVIDENCE that RH "neglected" his son or didn't love him.

Hey Hope.
I think car seat charges may be pending

But IMO EVIDENCE shows Ross at a minimum "neglected" his son just enough so that his son died while in his care. At the max, Ross decided to kill his son.

 

[GA_Peach]

She ruled against them presenting the evidence.

That's what I thought. I think that the evidence presented to this point proves beyond a reasonable that Ross is guilty of counts 6-8 and is guilty of felony murder. However, I am absolutely outraged by the ruling this afternoon. I feel highly confident that Ross's right to a fair trial has been compromised, and with the ruling this afternoon, I feel that he has been steamrolled. It's infuriating. I can only imagine how Ross and his attorneys are feeling right now.

Cooper deserves justice, and that can only happen with a fair trial.

ETA - I will be shocked if this case is not overturned on appeal.

 

[katydid23]

The next court day will be HALLOWEEN, lol

 

[arkansasmimi]

Cathy @courtchatter
now
#RossHarris - Judge dismisses jury for the weekend. Defense moves for a mistrial, again. Judge denies. Court is adjourned.