Trial - Ross Harris #5

[GA_Peach]

Why? Cooper didn't die due to outgrowing the car seat

If the car seat was too small, it's just one more example of how Ross was knowingly negligent with respect to Cooper's safety and well-being. If I were presenting this case, I would want the jurors to understand tbe inherent risks of an ill-fitting car seat.

ETA - The small size and lower strap position (middle slot instead of highest setting) could also point to 1st degree child cruelty. Given that they had purchased a larger car seat, the case could be made that JRH actually intended to cause Cooper pain. This case has eight separate charges that the jury will need to consider.

 

[JerseyGirl]

Prosecutor Jesse Evans on re-direct. He has Dustin put up another image from the perspective of the driver's seat and then asks a rapid series of questions on which objects Dustin could see from that perspective when he actually sat in the car.

Dustin says he could see the front passenger-side floorboard, the front passenger's seat and, on the periphery of his vision, the car seat and the head of the doll over the top of the seat.

 

[arkansasmimi]

JMHO I think this Witness is realizing now what the differences are.

 

[Hope4More]

The crown of his head is higher than the back of his carseat. jmo

Absolutely depends on what model/recreation you're viewing. Some yes, some no.

 

[Maisiebelle]

The state rests


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[arkansasmimi]

:silly: 1 photograph from HD Parking lot. This is where Witness is telling the truth and Stoddard said was not true that he showed him many photos. He was making an aide that is being presented as factual and doesn't know the facts.

State.. no more questions.

 

[katydid23]

JMHO I think this Witness is realizing now what the differences are.

But the State is not using the old scan. They are showing the jury the new, revised, corrected one. So why not move on to what we now are using?

 

[arkansasmimi]

The state rests


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OMG! Thats it? Well common procedure Kilgrore will argue not proven case. (havent) but Judge will say denied. Be back after lunch lol

 

[JudyBolton]

HE fit the measurements he was only 21# 5.4 oz iirc and the inside of the car seat measurement from seat (butt was sitting) to the top of seat 19 1/4 inch. He was 14 inch. They trying to say because the height measurement was 30 inches and that Cooper was 33 inches tall that he too big. He was not.

They are "trying to say" anything...they are stating the exact facts about the car seat that would be appropriate for Cooper.
The height measurements are very specific and do not measure from butt to head but the height of the child. If the car seat limit was 30 inches and he was 33 inches tall - he was too tall for the car seat. Period. I thought JRH even acknowledged that they bought a new car seat because of his growth. (the one that was in Leanna's car)

This government safe car seat website explains how to measure for a car seat - there is no mention of the length of the child from head to butt - only height.
http://www.safercar.gov/cpsApp/crs/index.htm

 

[Maisiebelle]

OMG! Thats it? Well common procedure Kilgrore will argue not proven case. (havent) but Judge will say denied. Be back after lunch lol

That's exactly what happened lol


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[arkansasmimi]

But the State is not using the old scan. They are showing the jury the new, revised, corrected one. So why not move on to what we now are using?

Portions of the old scan were used from the old scan. At Akers Mill those were from the old measurements. All was on same evidence cd. All was in. He used stuff for the completed video with some things from the orig. And BBM because they flung new evidence on Monday of this week. State would have been better off to have just left the whole scan thing out. JMHO that just inserted reasonable doubt on their case to me. Further proving Stoddard nonfactual information.

 

[JerseyGirl]

Evans has him project the 2016 scan and asks whether he can see each of those objects. He he says he can.

Prosecutors show images from a panoramic photo taken inside Justin Ross Harris' SUV, as taken by a 3D scanner, during Harris' murder trial at the Glynn County Courthouse in Brunswick, Ga., on Friday, Oct. 28, 2016. The photos were taken from approximately the eye level of a driver, but Harris' defense has hotly argued whether these "sight lines" are accurate to what Harris would have actually seen.

Rodriguez on re-cross. He has Dustin acknowledge that, before he looked around in the car in 2014, he already knew the male model (the doll) was in the car. The implication is that Dustin saw the doll because he already knew it was there. If Harris didn't know Cooper was in the car, he might not have seen his son, Rodriguez implies. He also refers to the "flyover" image of the SUV, which has no roof and no window glass, and asks whether that was an accurate depiction of the vehicle in reality. "It's just to show the spatial orientation of everything inside the vehicle," he said.

"At this time, your honor, the state rests," says prosecutor Chuck Boring.

The judge calls for the lunch break.

 

[arkansasmimi]

That's exactly what happened lol


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LOL yep no surprise. I was kinda being tongue in cheek sarcastic, but it is what always happens in all these trials . Procedure I do believe State will also have Rebuttal witnesses.

OH LOL AND Detective Murphy will be up for the Defense. Gotta hurry and run an errand.

 

[Bently]

The jury is brought back in and the trial is back in session.

Evans says he misspoke about whether the defense had seen the SUV scans and wanted to apologize to defense counsel in front of the jury. He acknowledges that they haven't seen the scans in question but says they are nearly identical to the first such scans, which the defense has seen.

He may say nearly identical, but I say significantly different IMHO.

More points added for defense that police and DA were on a roll with incorrect information and bias.

 

[JerseyGirl]

Defense attorney Maddox Kilgore moves for a directed verdict of acquittal on all counts, arguing that the state proved none of them beyond a reasonable doubt.

But Kilgore reserves the argument. He tells the judge he will open his case this afternoon and expects to call two witnesses.

Boring tells the judge he thinks she should deny the motion for a directed verdict.

Judge Staley Clark declares the trial in recess.

 

[JudyBolton]

If the car seat was too small, it's just one more example of how Ross was knowingly negligent with respect to Cooper's safety and well-being. If I were presenting this case, I would want the jurors to understand tbe inherent risks of an ill-fitting car seat.

Yes, and as those of us who have children know - car seats are a HUGE deal! They give new parents individual instructions at many hospitals before they take their babies home. They have free car seat checks through the Ga. State Patrol and many local LE offices (you can take your car with car seat and they will examine and let you know if it is installed properly, fits your child, etc.

Back in the dark ages when I was growing up - we didn't even have car seats. I remember lying down in the back seat floor board and napping while driving long distances on vacation. I don't remember hearing of anyone's child dying in a hot car. They could climb or crawl over to the window as they weren't strapped in. I understand that safety in case of a crash overrides this but it makes me sad to think of him being strapped down, unable to even crawl over and beat on the window to ask passers-by to save him

 

[Hope4More]

If the car seat was too small, it's just one more example of how Ross was knowingly negligent with respect to Cooper's safety and well-being. If I were presenting this case, I would want the jurors to understand tbe inherent risks of an ill-fitting car seat.[/QUOTE


_________
One more example? LE found no evidence that Cooper had been neglected in any way at all. He was well nourished, happy, bright, had appropriate everything at home and plenty of it, sociable, saw a pediatrician regularly, and seemed "normal" in every way to those who saw him everyday.

The facts are:

1. It was pediatrician and child-safety recommended and appropriate to have Cooper in a rear facing car seat, no matter anyone's personal opinion or preference on the matter

2. Car seat specifications are based on a prototype of body proportions and actual children's bodies differ, including Cooper's, whose torso in fact fit the seat, and whose legs by any of the versions shown weren't in an uncomfortable position.

3. Car seat specifications, i do believe, are predicated as much or more on manufacturers' exposure to liability (I know a great deal about this angle, given my DH's practice area of the law) as they are to the car seat manufacturers' having omniscent knowledge of what car seat is best for the wildly different body types of real children

4. A second bigger -boy seat had been bought, and was in Leanna's car, probably because she drove Cooper around more frequently than did RH.

5. June 18th aside or not, we parents are fallible human beings, often juggling too many obligations of every kind, and yes, sometimes we don't provide the absolutely most perfect whatever for our children at precisely the moment all the parenting guide books tell us we must.

 

[magnolia]

The state rests


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:great:Thank-you:happydance:

 

[Hope4More]

The state rests


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Hallelujah. Weak note to end on, imo, but yay, moving on.

 

[Hope4More]

:silly: 1 photograph from HD Parking lot. This is where Witness is telling the truth and Stoddard said was not true that he showed him many photos. He was making an aide that is being presented as factual and doesn't know the facts.

State.. no more questions.

Another witness with Stoddard-State bus tracks on his back?