Trial - Ross Harris #8

[gitana1]

OHHHH...The DT was trying to get a lesser included MISDEMEANOR negligent manslaughter added....Judge said :denied:

Whoa! We are on to jury instructions already? So who testified this morning? And what was said?

 

[angelainwi]

Did I hear something about the smell of marijuana in a home? Who's home?

 

[bellesnwhistles]

Can Dr Diamond say why he didn't testify after the trial is over?

 

[katydid23]

Is that the one she said "It's not supported by the facts, it's not supported by the law. I'm not giving it."?

YEP---I think that was it. I heard her say those words exactly.

 

[monkeypants]

So why do you suppose he was all the way on board, at least through August 2016? There is no evidence I'm aware of that wasn't know yet by the DT, and Diamond had 2 full years to fully familiarize himself with RH's case.

If it's true he will only come on board if he believes the death was accidental, then he believed that at least until August 2016, and seemingly committed to testifying at trial.


I just don't find it plausible that a credible expert witness bailed at the last minute because he got delicate about maintaining his reputation.

Possibly because of something that came up in interviews he had with RH or for all you know LH.

 

[minor4th]

Is that the one she said "It's not supported by the facts, it's not supported by the law. I'm not giving it."?

Then she reconsidered and said she would research it over the weekend.

 

[minor4th]

Did I hear something about the smell of marijuana in a home? Who's home?

The prostitute who was on parole but didn't get busted for a violation if she cooperated with the police re: Ross Harris

 

[monkeypants]

Can Dr Diamond say why he didn't testify after the trial is over?

I'd guess we will never know.

 

[TexMex]

YEP---I think that was it. I heard her say those words exactly.

Thanks Katy. I'm riding with my sons to the ranch. Opening of deer season. Couldn't hear some of the discussion due to my sons (19 and 27) joking with each other

 

[minor4th]

such as? I thought the State provided some case law to say it should not be allowed?

This is a very experienced Judge. Thirty years on the bench. I wonder how often she is reversed?

Honestly it was hard to hear, but from what I gathered there is another Georgia statute that fits the facts of this case perfectly, and there is a specific sentence set forth. What that means is that specific conduct (and I couldn't hear exactly what it was) should not be the basis for a felony murder conviction with a much higher sentence.

I'll do a little poking around to see if she has been reversed and on what grounds.

 

[gitana1]

The defense had some really good arguments for including charges on lesser includeds and different charges.

If she sticks with her "inclination" to not give those charges, this is one area I could actually see a reversal and new trial.

Yeah. She better watch it with that. This is not such a clear cut case (despite my personal beliefs that it was interional). The jury has to have the room to weight the facts and decide what fits. The law I reviewed seems pretty clear on various lesser includeds needing to be on the table.

 

[minor4th]

Yeah. She better watch it with that. This is not such a clear cut case (despite my personal beliefs that it was interional). The jury has to have the room to heavily are and decide what fits. The law I reviews seems pretty clear on various lesser includeds needing to be on the table.

Failure to give proper jury instructions is the one area where I did see a fair number of reversals in Georgia.

 

[katydid23]

Yeah. She better watch it with that. This is not such a clear cut case (despite my personal beliefs that it was interional). The jury has to have the room to weight the facts and decide what fits. The law I reviewed seems pretty clear on various lesser includeds needing to be on the table.

There are going to be some on the table. She never said there was not going to be any lesser included charges. But the fight was over which ones and how they will be worded.She has been a Superior Court judge and was Chief judge of the Cobb County Superior Court. I am sure she understands the legal requirerements for lesser included charges.

 

[GA_Peach]

So he's been detained, handcuffed, had his phone with evidence of a crime on it seized, been driven to the police station and is being questioned about his son's death by a suspicious Stoddstd, and he decides to make LE's job easier by offering up, unilaterally, the beginning of his premeditated plan to murder his son?

You got all of that from me saying that I believe the seed was planted in Ross's head when he watched the hot pet video 5 days before Cooper's death? In fact, Ross himself linked poor Cooper to that video.

No way would a defense expert that key to the case miss due to a scheduling conflict. And they knew his price when they put him on tbe witness list. He would've been the most important witness for Ross of all. I would've told his family to mortgage their homes to pay for him.

Exactly.

I guarantee it was not Diamond's expense that was the reason for him not testifying. I can also guarantee it was not because the defense decided they didn't need him.

Beyond that, it is completely speculation, but I wish I knew.

Exactly again.

 

[Hope4More]

Hey thanks for that great synopsis on the psych's testimony. I understand what you meant. I think he did very well on cross. Good, solid witness. I just don't know that he helped the defense much. He can only do so much with the facts of the case.

And I wonder what the jury is going to think of his references to the elusive Dr. Diamond who they never get to hear testify.

It was Boring who brought up Diamond. I got the sense that Brewer didn't want to go there, but last night i believed that was because the DT wanted Diamond to take the stand in all his glory, pristine , untouched and ready to save the day.

Now I wonder just when it was the DT knew he wouldn't be testifying.

 

[katydid23]

Failure to give proper jury instructions is the one area where I did see a fair number of reversals in Georgia.

were those recent cases? She sure seems to be very careful about it now---going line by line with both sides..

 

[monkeypants]

Thanks Katy. I'm riding with my sons to the ranch. Opening of deer season. Couldn't hear some of the discussion due to my sons (19 and 27) joking with each other

Darn kids!

 

[GA_Peach]

Two interesting things from this afternoon (not related to the charges):

1) The DT admitted Cooper did not fit into his car seat based on the manufacturer's specifications.

2) DT said Ross was texting between the time he left CFA and pulled into the TH.

Hopefully, we can put those points of contention behind us.

 

[TexMex]

It was Boring who brought up Diamond. I got the sense that Brewer didn't want to go there, but last night i believed that was because the DT wanted Diamond to take the stand in all his glory, pristine , untouched and ready to save the day.

Now I wonder just when it was the DT knew he wouldn't be testifying.

I thought Diamond was brought up on direct too? Otherwise he wouldn't be able to be questioned about him on cross

 

[monkeypants]

Well, we know Ross is going to jail, only question is for how long. So I'm wondering if he is going to have to be put in a safer facility since technically he killed his baby. I understand prison is a tough place for child killers and I'm not sure they have a fair and sliding scale for fbs vs premeditated. But then again he already looked that up so I guess he's prepared for it.