Trial - Ross Harris #7

[DaleTray]

I just spent approx 2 hrs re-listening to testimony from all the women RH was texting with. The 2 things that jumped out to me..I originally thought JM was a little out there but appeared way more normal 2nd listening. I guess initially I didn't really put into context who and when RH was texting the morning June 18. He must have been in a bad way and in major need for a hook up. RH was trying different angles for said hook-up. I can't imagine in any scenario making these attempts, then leaving a path of digital evidence of June 18, the day I chose to kill my son. I already felt this way hearing all the young women testify but it is really nailed it home listening the 2nd time.

 

[Hope4More]

Jury had a hard time in deliberations. Im reading it was almost a hung jury. Judge sent them back twice after them saying no one will budge.

Yep. I'm wondering what the State will do in this case if the jury rejects malice and 1st degree CC , and hangs on 2nd degree CC. Retry?

Or just go to Plan B, and use the "minors" charges (this trial and the backup trial) to send him away for decades?

 

[DaleTray]

And I agree with Catpatrol: “the state hasn't presented an inkling of evidence to compare him to a murderer.” I see a horrible accident.

O/T: It is not lost on me that there are no fence-riders left on this thread and we are as far apart as two sides can get; no amount of talking is going to move anyone from their “party line”. Reminds me of what I hear on the news every night with the elections a week from today. I’m so sick of fighting …

I respectfully disagree. Far apart only on premeditation. For the most part, I think most, if not all dislike RH. Most, if not all agree RH was negligent and deserves some jail time. Of course evidence proves for a fact (It's a rarity in this trial) he was sexting minors. The state has us confused if they want us to believe it was premeditated or they want us to believe RH was too distracted sexting and lost focus on his child.

 

[FinallyRegistered]

I respectfully disagree. Far apart only on premeditation. For the most part, I think most, if not all dislike RH. Most, if not all agree RH was negligent and deserves some jail time. Of course evidence proves for a fact (It's a rarity in this trial) he was sexting minors. The state has us confused if they want us to believe it was premeditated or they want us to believe RH was too distracted sexting and lost focus on his child.

Oh, I totally agree with you, DaleTray. This case and the current election just have me thinking deep thoughts about wth we are doing ... ignore me.

 

[yupikgirl]

He's not a pedophile. A pedophile is almost exclusively interested in prepubescent children. Not 16 years olds and older.

Thanks- edited my post. I know that but my fingers just typed faster than my brain. Didn't mean to throw that word around so carelessly-


Sent from my iPhone using Tapatalk

 

[momoftwocrazies]

I respectfully disagree. Far apart only on premeditation. For the most part, I think most, if not all dislike RH. Most, if not all agree RH was negligent and deserves some jail time. Of course evidence proves for a fact (It's a rarity in this trial) he was sexting minors. The state has us confused if they want us to believe it was premeditated or they want us to believe RH was too distracted sexting and lost focus on his child.

I was wondering this as well... what is the difference in jail time we are disagreeing over? The state sure has gone all out for these extra years.

 

[Hope4More]

Reconstructing from project manager dude's testimony today:

1. When Ross woke up around 5-5:30, he believed he had a meeting at 10AM, which he would be in charge of as lead developer, the 1st time he had been given that responsibility.

2. Project manager sent Ross an email at 8:34AM, telling him one of the invitees had requested the meeting be rescheduled; the proposed new time was for around noon, 12:30.

3. Ross didnt tell Leanna before she left, at 7:15, that he planned on taking Cooper to CFA.

4. Ross responded to the project manager at 8:46 that rescheduling was fine, but that he preferred the afternoon, around 3:30.

5. Ross most likely was en route by then, given the distance from his home to the Treehouse, but not necessarily, since the State never timed the route, just relied upon Google.

(If en route to daycare, or just as he was leaving home, decided with that news to take Cooper to CFA? )

6. Video has entering CFA at 9:00.

7. Ross received a confirmation email at 9:01 that the meeting had been rescheduled for 3:30.

Quoting myself, to give y'all who think he's guilty of malice murder a second chance to find what in that timeline can be interpreted as evidence of his guilt.

 

[minor4th]

Has anyone ever heard of a case of a parent leaving a baby in a hot car for several hours for the specific purpose of killing the child?

 

[minor4th]

I don't believe her testimony was recorded or reported on at all... and it was lengthy.

AJC Breakdown podcast reported on what the minors said.

 

[GA_Peach]

The hyperbole on this thread is over the top. He cheated & lied to his wife, but the state hasn't presented an inkling of evidence to compare him to a murderer. IMO

Comparing Ross to a murderer is so far-fetched except the fact that Cooper died at Ross's hands, and Ross is now on trial for his murder. Ross will likely be known as a (felony) murderer at the conclusion of this trial.

 

[minor4th]

I thought we were given snippets from people inside the courtroom. They just weren't allowed to show her face or stream the testimony because she was a minor at the time. From what I remember her testimony was similar to the others but she was 16 and they were older. There is no way out of that charge. The jury would have to believe that somehow her age is evidence he murdered his son. IMO they should have severed the charges. It's muddying up the waters but that's just me...

Sexting a minor is not the underlying felony for the felony charge. It is irrelevant

 

[minor4th]

Wade Naramore was found not guilty I believe ...

He was.

 

[gitana1]

Well-paid? Court appointed attorneys are generally not well paid.

How do we know he's court appointed? In any event, this guy is extremely wealthy. His firm benefits from this case regardless of how much he is paid.

I have to run my Eclectus to the vet, but I'm hoping someone can clear something up to me. In regards to the charges RH is facing, does the prosecution have to prove intent or premeditation? I thought they didn't for any of the charges but it keeps being brought up so now I just want to be sure I understand what the requirements are.

Count 1 - malice murder = intent (with malice aforethought)
Count 2 - felony murder = in essence, intent to harm, not to kill, must be shown (underlying charge supporting felony murder is cruelty to children in the first degree, which means malice)
Count 3 - felony murder = no intent. Reckless disregard for safety must be shown. Specifically, must show that through criminal negligence, he committed cruelty to children (underlying charge supporting felony murder is cruelty to children in the second degree, which means criminal negligence. Criminal negligence = Criminal negligence is an act or failure to act which demonstrates a willful, wanton, or reckless disregard for the safety of others who might reasonably be expected to be injured thereby. http://law.justia.com/codes/georgia/2010/title-16/chapter-2/article-1/16-2-1
See also, https://www.pagepate.com/child-cruelty-georgia-law/
Count 4 - cruelty to children in the first degree = intent in essence must be shown as state must prove that he intentionally caused his child cruel or excessive physical or mental pain.
Count 5 - cruelty to children in the second degree = willful, wanton or reckless disregard for his son’s safety.
http://ftpcontent.worldnow.com/wgcl/harris_indictment_2.pdf

With Kilgore's career history, I am sure he already had a thriving and very lucrative practice. Financially, this case will hurt him more than it will benefit him.

Oh I totally disagree. There is a reason why top-named defense attorneys routinely take cases that don't pay well or don't pay at all. Man, they even seek them out. Businesses like to expand, no matter how thriving and lucrative they are. Many of these firms have dozens of attorneys on staff and make an ever-increasing killing.

 

[GA_Peach]

I was wondering this as well... what is the difference in jail time we are disagreeing over? The state sure has gone all out for these extra years.

The only difference is whether Ross would be eligible for parole. Both malice and felony murder carry lifetime sentences. Malice murder has no chance of parole, but with felony murder parole is possible after 30 years.

 

[catpatrol]

Comparing Ross to a murderer is so far-fetched except the fact that Cooper died at Ross's hands, and Ross is now on trial for his murder. Ross will likely be known as a (felony) murderer at the conclusion of this trial.

Feel free to take my post out of context, which was a response to comparing Ross to a serial killer. Good grief.

 

[gitana1]

Sexting a minor is not the underlying felony for the felony charge. It is irrelevant

I don't know that it's irrelevant. His obsessive behavior played a major part in Cooper's death. But I don't get the decision to try all these together. His conduct is relevant but the charges are not. I do agree that trying those charges together is prejudicial. What was the judge's reasoning?

 

[Hope4More]

Comparing Ross to a murderer is so far-fetched except the fact that Cooper died at Ross's hands, and Ross is now on trial for his murder. Ross will likely be known as a (felony) murderer at the conclusion of this trial.

Well, maybe yes , maybe no he'll be known as a "felony " murderer, but if he is known as that, and not just as a flat out baby killer, it'll because the jury didn't think he meant to harm Cooper, but the State of Georgia, unlike all but a few other states, doesn't think that is relevant.

This case has convinced me beyond a reasonable doubt that Georgia gives entirely too much discretion to DA's to decide who to prosecute for hot car deaths, and with what charges.

 

[momoftwocrazies]

The only difference is whether Ross would be eligible for parole. Both malice and felony murder carry lifetime sentences. Malice murder has no chance of parole, but with felony murder parole is possible after 30 years.

Why is the state going this "all out" for parole? I'm I missing something?

 

[Hope4More]

I don't know that it's irrelevant. His obsessive behavior played a major part in Cooper's death. But I don't get the decision to try all these together. His conduct is relevant but the charges are not. I do agree that trying those charges together is prejudicial. What was the judge's reasoning?

From Staley's denial of the DT's motion to sever charges: Nexus of alleged crimes, sexting charges were specifically related to activity on the 18th; and, to allow the State discretion to pursue their theory of the crime

 

[gitana1]

I'm still not sure what to make of this case, To me it's clear that RH is suffering some form of sex addiction /nymphomania. Just from testimony he was leading this double life, sort of reveled in the fact he was getting away with it but obviously people were starting to catch on that he was inattentive at home and work and often forgetful. So he was some what in denial that he was able to stay a functioning addict. Clearly the death of CH was extreme effect of a spiraling addiction.
Can you view the evasive behavior at work that day such as missing meetings and ducking out during work hours done so he can maliciously leave his child to die in the car or was it more of a symptom of his addiction/mental health problem? The real sticking points for me are that it took 30 seconds to leave his car that morning. With CH in the car I have to really wonder if he really didn't see him, hear him or just know his child was there? And then the visit to the car at lunch time to drop off the light bulbs. CH really wasn't visible? He really couldn't tell he was sitting in the car seat? Those two points really have me on the fence. And if CH death is a result of addiction then is he to be treated like anyone who puts their addiction first? What if we were talking about him leaving his child in the car to do drugs or he was too incapacitated to care for CH? Because every time he had an opportunity to help CH, 30 seconds before leaving the car. A number of seconds at lunch time he was too addicted to sexting to help him.

I really think Dr. Diamond's testimony is going to be key in this case. It will be powerful and illuminating. It's going to further entrench those who believe this was an unfortunate accident at the hands of an innocent and bumbling father. It will sway some on the fence. IMO. Those who are certain this guy intended to kill his son or who feel that only negligent parents can forget their son and should be punished, will remain on their side of the fence. He's very smart and very good at what he does, having been an expert witness and consult on multiple hot car death cases. I think it will greatly impact the jury: https://www.google.com/url?sa=t&rct...Cv0Ug9DyF-g6Yg&bvm=bv.137132246,d.cGw&cad=rja