TRIAL Week One - Ross Harris 3 October 2016

[ahotch2]

He said STFU to officer who told him to get off the phone. "My son just died"

Officer didn't see crying, monotone voice and screaming, sounded like will ferrell from Anchorman with his shouting. His face was not red.

I could see myself telling an officer to STFU in this situation if they told me I couldn't talk to my wife.


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[matou]

I'm not sure if we know yet who he was on the phone with when he told officer to STFU.

 

[Hope4More]

This is the part of trials I hate...the nitpicking of details that don't seem to hold a significant amount of importance, when it's already been summed up.

Yah. But, the photos of that white sheet intended to evoke certain emotions also support the defense's contention there is no way involved bystanders would not have noticed strong decomp odor-- too close to his car where he LEFT THE DOOR OPEN.

And, that allegedly chatty and odd exchange between Officer Piper and Harris seems to have consisted of a single question of her by Harris which she responded to by telling him she couldn't speak with him any further.

I haven't heard anything yet today that helps the State much, if any, and a great deal that eviscerates their case and credibility if true.

 

[ahotch2]

I'm not sure if we know yet who he was on the phone with when he told officer to STFU.

To me it's irrelevant who it was. His response should not be that surprising. Even more so if he was talking to his wife.


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[arkansasmimi]

There was a case in Hot Springs Ark July 2015, where a Judge left his 17 month old son in car 5 hours and died. Charged with misdemeanor negligent homicide.

Aug 19, 2016 Was found Not Guilty
snip
*Before coming to the not guilty verdict, the jury appeared before the judge twice to get instructions after saying they couldn't come to a unanimous decision.
*The first time, the foreman said they were stuck at a 10-2 vote and no one was going to change their mind. The judge asked them to continue deliberating.
*The second time the jury came back out, they said the vote was at 11-1. The judge explained a hung jury, before asking them to continue to deliberate. http://katv.com/news/local/naramore-verdict

Creepy sounds almost the same kind of timeline >>>
Snip:
Details about the incident released by Ellington today:
*911 call came in from Wade Naramore at 3:10 p.m. on July 24 from the corner of James Street and Fair Oaks Place
*Naramore stated "My son was left in the car and I think he's dead."
*When police arrived, Naramore had taken his son inside their home and was holding him, yelling "No my baby! No my baby!
*Naramore told police the child had been in the car for about five hours
*The child's core temperature was 107 degrees. Outside temperatures were 97 to 98.1 degrees with a heat index of 104.8 to 106.5
*Naramore said he and his son said their morning prayers while he drove to work at about 8:15 a.m., stopping at McDonald's on the way
*Naramore said he had a court case he was worried about and went to work as he did each day. He got off work early, ran some errands and went home. As he was leaving his home to pick up his son from daycare, he heard a noise in the back seat and saw the child still in his car seat and had not been dropped off to daycare
*Naramore said he immediately stopped the car, got Thomas out and called for help
**Back in November, officials released 911 calls from Naramore and his father-in-law in the moments after the child was found dead.
http://www.arkansasmatters.com/news/local-news/hot-springs-judge-charged-in-hot-car-death

 

[Leader6518]

Which is exactly what the defense is going to propose. But if I was so preoccupied with sexting a bunch of women/girls and forgot my child resulting in his death, I would want them to put me under the jail. I could not carry on knowing that my own selfish wants caused me to forget my child. I literally could not live with myself.

I get all that. I just can't reconcile his demeanor after discovery of Cooper. His words that he wouldn't bring him back even if he could. To me, his actions after discovering Cooper speaks volumes.

 

[GA_Peach]

I think it was smart of the defense to say, repeatedly, that Harris from the beginning never denied being responsible for Cooper's death ("What have I done? What have I done? ").

Yes, Harris is most certainly responsible for Cooper's death. That obviously is different, though, than his being guilty of the criminal charges brought against him for Cooper's death.

I'm now even less sure that any felony charges should have been brought against Harris (certainly not any that equate what happened with murder), and close to convinced he had no intention whatsoever of harming Cooper.

He either forgot Cooper was in the car or he didn't. If he didn't forget and left Cooper on purpose, IMO whatever he did afterwards doesn't make him more guilty, and, if he did forget Cooper by the time he reached the intersection, whatever he did afterwards is irrelevant, unless it bears directly on missed cues about Cooper not being at daycare, which Harris doesn't appear to have received.

Two of the felonies with which JRH was charged do not require intent. JRH is charged with:

1) Cruelty to children in the second degree - "A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children ... in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain." (O.C.G.A. 16-5-70) Cruelty to a child in the second degree is a felony.

2) Felony Murder - "(c) A person also commits the offense of [felony] murder when, in the commission of a felony, he causes the death of another human being irrespective of malice."(O.C.G.A. 16-5-1) In the case of JRH, felony murder applies because Cooper Harris died during the commission of second degree child cruelty, a felony.

Neither cruelty to a child in the second degree or felony murder require intent. They simply require criminal negligence, which is defined in Georgia as "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." (O.C.G.A. 16-2-1)

Given that both sides have admitted that 1) Ross left Cooper in the car and Cooper died as a result of that, and 2) Ross was practically attached to his phone (even when he was responsible for caring for Cooper), how is Ross not guilty of showing a reckless disregard for Cooper's safety? If JRH was reckless with Cooper's safety, which I believe that he was, he is guilty of child cruelty in the second degree and felony murder. That's how the law is written in Georgia.

I don't think that the case is as cut and dry as "forgetting" or "not." I would add in a third option where Cooper is "forgotten" due to a foreseeable distraction. I would liken this to a car accident.

Scenario 1: Driver is texting and doesn't see a crosswalk. He fails to stop and kills a person crossing the street.
Scenario 2: Driver is paying attention as he approaches crosswalk. Driver sneezes, and as a result, his eyes are closed for a few seconds. He sees person in crosswalk, but he cannot fully stop before hitting and killing the pedestrian.

In both scenarios, the driver did not intend to kill the pedestrian. In the first scenario, the driver was not focusing on the task at hand. Are the two scenarios the same under the law? Should they be? Ross's actions fall under scenario 1. When Ross's main responsibility was to keep Cooper safe, he was texting, surfing the web, and posting online. The DT was clear about that this morning during the opening statement. Ross was not focusing his attention on Cooper or making sure that Cooper got where he needed to be. Ross was negligent with Cooper's care, and that lead to Cooper's death. Did Ross intend to leave Cooper in the car? Did he forget? It many ways it doesn't matter with respect to felony murder. Ross engaged in obsessive behaviors that foreseeably affected his ability to properly care for Cooper.

Parents have a responsibility to keep their children safe (and alive!), and IMO that should not be lost when evaluating whether Ross behaved carelessly with respect to Cooper.

 

[arkansasmimi]

In the Hot Springs case the Defense called an expert: (this is an MSM link) http://www.arktimes.com/ArkansasBlo...neuroscientist-in-naramore-hot-car-death-case

Dr. David Diamond, a Florida academic, said he was being paid $10,000 by the defense to testify about his study of "forgotten baby syndrome." The bottom line: It can happen to anyone. An advocacy group that works to reduce hot car deaths has written about Diamond:

Diamond hypothesizes that FBS occurs as a result of the competition between cognitive and habit forms of memory. Cognitive memory occurs when one consciously plans out a task to accomplish in the future, for example, planning to take a child to daycare as a part of a larger driving plan. In contrast, habit memory occurs when one performs a routine that can be completed automatically with minimal thought, such as driving to work in an “autopilot” mode, in which decisions as to where to stop and turn occur automatically.

 

[Rayemonde]

There are two things I found odd/interesting about this case...way back when it happened:

1. Most of the pro-prosecution arguments were made public during the bond hearing. That was shown on more than one national TV channel, which is not common. Most bond hearings are pretty boring. Somebody leaked it to the media that this bond hearing would be sensational. Before the bond hearing, there was a lot of support for Ross and contempt for LE. The bond hearing allowed the prosecution to get their case against Ross out to a very wide audience. The tide completely turned against Ross after that day. I have no doubt it was intentional.

2. After Ross was charged with murder but before the bond hearing, when there were a lot of people defending him and there was a video posted on YouTube supporting Ross and calling out some local official. Maybe that video enraged someone. I don't mean that they are prosecuting him for murder because of that video...but perhaps making sure that their case against Ross was reported all over the media...was their way of telling the family that they are not going to win in a PR battle. Before the bond hearing, it seemed that Ross's family and friends were ready to fight for him in the media but they all went silent after the bond hearing.

I have no doubt this case would have played out very differently in the media if that bond hearing was held behind closed doors and none of the arguments were made public. The case against Ross was too strong and too horrific for the media to give his supporters a platform after that. His family and friends were ready to go on a huge smear campaign against local officials (look at the video they made) but that was halted.

Iirc the information about Ross watching videos about hot car death, sexting, etc, was released after a was started for Ross. LE didn't want people to be taken in and donate money, I guess.

 

[Leader6518]

Philip A. Holloway ‏@PhilHollowayEsq 21m21 minutes ago
Kilgore tells #RossHarris #hotcardeath jury that other witnesses also forgot that they stopped at Home Depot during the lunch break

Philip A. Holloway ‏@PhilHollowayEsq 19m19 minutes ago
Kilgore clearly implies that detective Stoddard at a minimum misinterpreted surveillance video in #RossHarris #HotCarDeath trial

Philip A. Holloway ‏@PhilHollowayEsq 2m2 minutes ago
Kilgore: #RossHarris habit was to go alone to chic fil a then straight to workplace-explaining why went straight there day of #hotcardeath

Claire Simms Verified account ‏@Claire_FOX5 1m1 minute ago Georgia, USA
Defense says #RossHarris told officers he took his son to Chick-fil-a 2-3 times a month, but claims Harris exaggerated. @FOX5Atlanta

Claire Simms ‏@Claire_FOX5 7m7 minutes ago Georgia, USA
Defense says if #RossHarris planned to kill his child, he would have parked his car in a less prominent, public spot. @FOX5Atlanta

Claire Simms ‏@Claire_FOX5 7m7 minutes ago Georgia, USA
Defense says #RossHarris made no attempt to delete dirty content from his phone to hide it from police. @FOX5Atlanta

But, he normally took Cooper to day care. That was the routine. The defense can say anything, but what counts is the evidence.

 

[arkansasmimi]

In the Hot Springs case the Defense called an expert: (this is an MSM link) http://www.arktimes.com/ArkansasBlo...neuroscientist-in-naramore-hot-car-death-case

Dr. David Diamond, a Florida academic, said he was being paid $10,000 by the defense to testify about his study of "forgotten baby syndrome." The bottom line: It can happen to anyone. An advocacy group that works to reduce hot car deaths has written about Diamond:

Diamond hypothesizes that FBS occurs as a result of the competition between cognitive and habit forms of memory. Cognitive memory occurs when one consciously plans out a task to accomplish in the future, for example, planning to take a child to daycare as a part of a larger driving plan. In contrast, habit memory occurs when one performs a routine that can be completed automatically with minimal thought, such as driving to work in an “autopilot” mode, in which decisions as to where to stop and turn occur automatically.

Does anyone know if the State got succeeded in this? Same expert witness as in my post I quoted.

The prosecution is also working to cut testimony from two expert witnesses from the defense list: Dr. David Diamond and Dr. Bhushan Agharkar. http://www.11alive.com/news/local/r...ke-jury-through-hot-car-death-route/128622879

ETA: same Dr will be testifying in this trial

4. If Harris doesn’t testify for himself, who will?

His ex-wife is expected to be a star witness for the defense. Leanna Taylor divorced the defendant earlier this year, but she has said she never believed Harris would hurt their little boy on purpose. Also on tap: Harris’ brother, longtime Alabama police officer Michael Baygents, and Dr. David Diamond, a psychologist and memory expert who has studied “Forgotten Baby Syndrome” for more than 10 years. http://www.myajc.com/news/news/local/key-question-as-justin-ross-harris-goes-to-trial-w/nshDJ/

 

[keeponsearching]

Did we get to see the dashboard cam?

 

[Leader6518]

That is hard for me to believe because that car seat was inches away from the front seat.

Yes. And the mom said Cooper chattered in the car. He would say hello car hello truck when they passed cars.

 

[Leader6518]

Hours before Harris murdered Cooper because he wanted to be child free, he's looking into children's passports for a family cruise? Hmm. Right.

When you are going to do something wrong, and make it look like an accident, you do things to show you had no "malicious intent" (Ross' words).

 

[matou]

Cooper won't be the last baby to die in a hot car. It is always a horrible story to read about. I never expected anyone would want to kill their baby in this way. He isn't the only person to be charged in this type of death but the charges are the harsher than what I have seen before. Usually the person responsible is not charged at all. There must have been enough evidence to get this to trial. I guess we will see. The defense lawyer can say whatever it takes to get the client a reduced sentence or a not guilty verdict. Hot car deaths involve a change in routine, multiple caregivers who believe the other took the baby out of the car, etc. Was going to Chick-fil-a unusual? He was in charge of dropping of Cooper so that wasn't it.

 

[magnolia]

But, he normally took Cooper to day care. That was the routine. The defense can say anything, but what counts is the evidence.

Stopping at Chick-fil-A. was not part of his normal routine tho.

 

[Hope4More]

Two of the felonies with which JRH was charged do not require intent. JRH is charged with:

1) Cruelty to children in the second degree - "A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children ... in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain." (O.C.G.A. 16-5-70) Cruelty to a child in the second degree is a felony.

2) Felony Murder - "(c) A person also commits the offense of [felony] murder when, in the commission of a felony, he causes the death of another human being irrespective of malice."(O.C.G.A. 16-5-1) In the case of JRH, felony murder applies because Cooper Harris died during the commission of second degree child cruelty, a felony.

Neither cruelty to a child in the second degree or felony murder require intent. They simply require criminal negligence, which is defined in Georgia as "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." (O.C.G.A. 16-2-1)

Given that both sides have admitted that 1) Ross left Cooper in the car and Cooper died as a result of that, and 2) Ross was practically attached to his phone (even when he was responsible for caring for Cooper), how is Ross not guilty of showing a reckless disregard for Cooper's safety? If JRH was reckless with Cooper's safety, which I believe that he was, he is guilty of child cruelty in the second degree and felony murder. That's how the law is written in Georgia.

I don't think that the case is as cut and dry as "forgetting" or "not." I would add in a third option where Cooper is "forgotten" due to a foreseeable distraction. I would liken this to a car accident.

Scenario 1: Driver is texting and doesn't see a crosswalk. He fails to stop and kills a person crossing the street.
Scenario 2: Driver is paying attention as he approaches crosswalk. Driver sneezes, and as a result, his eyes are closed for a few seconds. He sees person in crosswalk, but he cannot fully stop before hitting and killing the pedestrian.

In both scenarios, the driver did not intend to kill the pedestrian. In the first scenario, the driver was not focusing at the task at hand. Are the two scenarios the same under the law? Should they be? Ross's actions fall under scenario 1. When Ross's main responsibility was to keep Cooper safe, he was texting, surfing the web, and posting online. The DT was clear about that this morning during the opening statement. Ross was not focusing his attention on Cooper or making sure that Cooper got where he needed to be. Ross was negligent with Cooper's care, and that lead to Cooper's death. Did Ross intend to leave Cooper in the car? Did he forget? It many ways it doesn't matter. Ross engaged in obsessive behaviors that foreseeably affected his ability to properly care for Cooper.

Parents have a responsibility to keep their children safe (and alive!), and IMO that should be be lost when evaluating whether Ross behaved carelessly with respect to Cooper.

I understand the laws and charges involved in this case. The key phrase is: "wilful, wanton, or reckless disregard."

Genuinely forgetting one's child, for whatever reason, meets none of those standards, IMO.

Nothing I've heard so far suggests Harris was on his phone DURING the time Cooper was in the car. Sexting then might have been wanton disregard, but nope, that didn't happen.

The DT is going for the full enchilada on this- - providing no excuses for the sexting, and not using the sexting as an excuse for possible distraction DURING that drive.

(The DT actually explicitly told the jury the fact Harris was NOT texting or sexting in the car was very important, and he wanted them to remember that for later on.

 

[jamiect]

Cathy ‏@courtchatter 26s26 seconds ago
#RossHarris - Prosecution preparing to play 1 1/2 hour video.

1 1/2 hour video from Ofc. Piper's patrol car up next

 

[matou]

I wonder if RH would have remembered leaving his phone anywhere? JMO

 

[Hope4More]

Stopping at Chick-fil-A. was not part of his normal routine tho.

Actually, it sounds like stopping there was very routine for Harris, but not for Harris taking Cooper, especially not into the place.