Trial - Ross Harris #8

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Dr Diamond has said in many articles that he would never testify for someone if he was not certain they had suffered from FBS. And this case had a few things that might have made him wonder about that. He would not have been able to use his 'usual' testimony in this case. And I think he was worried it would taint future prospective clients. he has a 'foundation' of past clients, who are very close, like a family unit. They pull together and support each other and counsel others. I don't think he wanted to open that circle to Ross. JMO :cow: :moo:

Dr. Diamond could have pulled out for reasons that have nothing to do with Ross. However, the fact that Ross does not fit the mold of every defendant he's testified for...does give me pause. I do actually think it would do irreparable harm to his reputation to testify for Ross. We will never know why, I'm sure
 
He is the expert on FBS. He is the go to person for these cases and in fact one prosecutor sought him out when deciding whether to bring charges or not.

I agree. And for good reason too. Decades of research ;)
 
"Mr. Harris is going to waive his right to testify," says lead defense attorney Maddox Kilgore. "He has the constitutional right to testify, so he's not aware of it just because we're in trial the last couple of weeks. He's aware of it because of conversations we've had over a period of time. ... He also understands that the right ... is personal to him: only he can make that decision."
 
Dr Diamond has said in many articles that he would never testify for someone if he was not certain they had suffered from FBS. And this case had a few things that might have made him wonder about that. He would not have been able to use his 'usual' testimony in this case. And I think he was worried it would taint future prospective clients. he has a 'foundation' of past clients, who are very close, like a family unit. They pull together and support each other and counsel others. I don't think he wanted to open that circle to Ross. JMO :cow: :moo:

He could find enough slimy info about Ross from reading newspapers from July 2014 on to get a pretty good feel for what he was getting into if he came on board. Didn't even need an initial chat with Ross or the DT.

He was willing, until he wasn't, if that's even the case.
 
What would happen if, say, Dr D was ill? Would the trial wait for him? What are the possible reasons he didn't testify?
 
I think he's only in a jacket to speak to judge...nice touch

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Yeah I guess this is the time to decide whether or not RH will testify…drum roll….What does everybody think? I'm thinking he just might. He looks dressed for it.
I see him as thinking he's the smartest in the room, so I think he may go for it. :)
 
I think he's only in a jacket to speak to judge...nice touch

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Last chance to look innocent in front of the jury.
 
I'm sorry, but if I were innocent, there's no way I could NOT testify in my defense.

That's my feelings too. I know you can't hold it against them, but if you are innocent, get up there and explain why!
 
Agree to disagree. Direct was meh style wise, but the jury isn't there to be entertained, and I imagine they were paying close attention. He did what he had to do, imo, and was way better on cross.

I think where the State was most effective was on the subject of cues. Brewer conceded that cues make it more likely for one to snap out of false memory, and he conceded most of Boring 's long list of cues.

The bolded portion was a major blow to the DT, imo. And I don't think Brewer made a very compelling case for the defendant being a likely victim of FBS. It was pretty weak, imo.
 
Last chance to look innocent in front of the jury.
You better believe it!! They've already accepted the minor issues so why not throw yourself onto the court and sob and tell love stories ...haunting guilt etc...

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I agree..I would take the chance of incriminating myself in the sex related charges in order to make it VERY CLEAR that i DID NOT kill my child deliberately! (if I didn't)
 
So later today they are going to have to battle it out about the Jury Instructions....
 
Kilgore to the jury, "According to Ross, we rest our case".

Kilgore looked pissed.
 
during recess:

The judge says she wants to question Harris about his decision not to testify in his own behalf.

Judge: If you disagree with anything that they have said, you need to alert Mr. Kilgore of that or to me.

Harris: Yes ma'am.

Judge: Do you have any disagreement.

Harris: I do not.

Judge: As Mr. Kilgore has said, when we get to this point in the trial, the defendant has two rights: the right to remain silent or the right to testify. These rights are personal to you. Do you understand that you ... have no obligation to testify in this case?

Harris: Yes ma'am.

Judge: Have you thoroughly vetted this decision with your attorneys?

Harris: Yes, ma'am, I have.

Judge: You elect not to testify at this time.

Harris: Yes ma'am.

Judge: Do you need any further time or opportunity to consider this.Harris:

Harris: No ma'am, I don't.
 
The bolded portion was a major blow to the DT, imo. And I don't think Brewer made a very compelling case for the defendant being a likely victim of FBS. It was pretty weak, imo.

IMO he couldn't even make a case since he was not very familiar with it at all. Plus he is not an expert on FBS, he only knows Dr Diamond's work and the State did a good job on cross showing that JRH's case in no way resembles a case of FBS.

I was surprised they even put him on the stand. Brewer couldn't explain what he does, how he does it, and how his process leads him to draw a particular conclusion.
 
I have to say that I am still on the fence…based on what I've seen (and I haven't seen every single moment of the trial, but most of it) I would have to say that there is reasonable doubt. But I could be convinced to change my mind with compelling argument from jurors who see it differently...

Maybe after the break the defense will rest and they will have closings. The thing I keep going back to and I can't get out of my head that's the real deal breaker for me is that he returned to the car at lunch to drop off those bulbs. I have not seen the security footage of that but.... I got a text from my DH this morning that says "I can't txt and walk at the same time" First thought, there was no way RH was really txting/sxting during that walk to the car. Keeping his head down playing at looking at his phone sure but side ways looking at his car I think he knew what he was doing.
 
I don't think Kilgore looked happy about resting, either.
 
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