TRIAL Week One - Ross Harris 3 October 2016

[DaleTray]

Stoddard said that, but what Stoddard said apparently doesn't match what was on surveillance tape, which shows Harris not looking around, and not being in the least interested in anything but his phone.

I anxiously await to see the video for myself. I will trust my eyes rather than what has been speculated in a report

 

[minor4th]

Felony murder can be predicated on child neglect. The felony has to be dangerous to someone's life.

The fact is, he charged with multiple crimes. A "main charge" does not exclude him from the others.

Apparently in Georgia, felony murder cannot be predicated on simple negligence that causes harm to a child. It has to be willful neglect - i.e. the defendant has to know the risk of serious harm/death to the child and willfully disregards the risk. In other words, in this case it would have to be proved that Ross intentionally left Cooper in the car and was indifferent to whether he was harmed or killed.

 

[DaleTray]

What is "said too much" to the police supposed to mean? Does she mean why was he arrested? What did you do or say to be detained by police? Is this what she means because it comes off as very suspicious IMO.

I would assume LE knew the importance of the initial JRH/LH interaction and would also assume it was taped. From the 2 questions being discussed "How did he look" and "Did you say too much", we haven't seen the actual tape or transcription of a tape, but rather, we have heard these comments from Stoddard's interpretation. Again, I anxiously await and trust my eyes rather than an interpretation. I agree, if the 2 questions were asked just how stated in the report, they could be damning for JRH. I really want to see that taped interaction and the full context

 

[magnolia]

I was just watching part of the probable cause hearing, and even Stoddard said that only Ross' hand went in the car, and his head stayed above the frame.

This is not what he said in one of the pre-trial hearings. He testified that RH was all the way inside the frame and had a clear view. His testimony is included in the Podcast around the 8:57 mark.

http://breakdown.myajc.com/episode/episode-2/

 

[JerseyGirl]

Witness quotes taken from MSM and the probable cause hearing:

http://www.websleuths.com/forums/sh...nterviews-testimony-and-video-*No-Discussion*

 

[meanmaryjean]

I have noticed the same oddities with the judge, but I didn't want to say anything. But, yes she has done several weird things like that. I caught her picking her teeth yesterday and she has kind of a weird way of talking.

OT: I was in a video conference yesterday and one participant spent about 20 minutes flossing her teeth....

 

[Hope4More]

Apparently in Georgia, felony murder cannot be predicated on simple negligence that causes harm to a child. It has to be willful neglect - i.e. the defendant has to know the risk of serious harm/death to the child and willfully disregards the risk. In other words, in this case it would have to be proved that Ross intentionally left Cooper in the car and was indifferent to whether he was harmed or killed.

The relevant charges are the 2 for felony murder (in addition to what amounts to a charge of premeditated murder). Each felony murder charge is predicated on having a jury find Harris guilty of a felony child cruelty charge.

1. Felony murder with 1st degree child cruelty as the underlying felony. For that, the jury would have to believe Harris intended to harm Cooper.

2. Felony murder with 2nd degree child cruelty as the underlying felony. This is the charge I've been thinking and posting about. For the jury to find Harris guilty of 2nd degree child cruelty, they will need to be convinced that Harris's actions/non actions meet the legal standard of criminal negligence.

GA's definition of criminal negligence is: " an act or a failure to act which demonstrated a willful, wanton, or reckless disregard for the safety of others who might reasonably expected to be injured thereby."

If Harris "forgot" Cooper, he did not act willfully. "Reckless" is more debatable, and "wanton" the door that is widest open to finding criminal negligence, IMO.

Wanton: "showing no thought or care for the rights, feelings, or safety of others."

 

[GA_Peach]

Apparently in Georgia, felony murder cannot be predicated on simple negligence that causes harm to a child. It has to be willful neglect - i.e. the defendant has to know the risk of serious harm/death to the child and willfully disregards the risk. In other words, in this case it would have to be proved that Ross intentionally left Cooper in the car and was indifferent to whether he was harmed or killed.

Would you mind citing the applicable section of Georgia law?

 

[Hope4More]

I would assume LE knew the importance of the initial JRH/LH interaction and would also assume it was taped. From the 2 questions being discussed "How did he look" and "Did you say too much", we haven't seen the actual tape or transcription of a tape, but rather, we have heard these comments from Stoddard's interpretation. Again, I anxiously await and trust my eyes rather than an interpretation. I agree, if the 2 questions were asked just how stated in the report, they could be damning for JRH. I really want to see that taped interaction and the full context

Friends of Harris have commented on Leanne saying this, explaining that he is the kind of person who talks incessantly and offers up info others wouldn't, and in situations when one shouldn't (for social reasons).

IMO Leanne was concerned for that reason, knowing Harris doesn't edit himself, but what she was afraid of specifically was that he might have told LE she had warned Harris about leaving Cooper the car, etc., statements she thought would make Harris look either guilty of intent or supremely negligent. Just a possibility.

 

[GA_Peach]

The relevant charges are the 2 for felony murder (in addition to what amounts to a charge of premeditated murder). Each felony murder charge is predicated on having a jury find Harris guilty of a felony child cruelty charge.

1. Felony murder with 1st degree child cruelty as the underlying felony. For that, the jury would have to believe Harris intended to harm Cooper.

2. Felony murder with 2nd degree child cruelty as the underlying felony. This is the charge I've been thinking and posting about. For the jury to find Harris guilty of 2nd degree child cruelty, they will need to be convinced that Harris's actions/non actions meet the legal standard of criminal negligence.

GA's definition of criminal negligence is: " an act or a failure to act which demonstrated a willful, wanton, or reckless disregard for the safety of others who might reasonably expected to be injured thereby."

If Harris "forgot" Cooper, he did not act willfully. "Reckless" is more debatable, and "wanton" the door that is widest open to finding criminal negligence, IMO.

Wanton: "showing no thought or care for the rights, feelings, or safety of others."

100% this. I think the DT is going to have a really difficult time convincing the jury that Ross didn't act with a wanton or reckless disregard for Cooper's safety.

As an aside, I have seen nothing up until this point that indicates Ross willfully left Cooper in the car. However, we have another month of evidence.

 

[Hope4More]

On finding Harris guilty of 2nd degree child cruelty.

IMO, this charge is where the most damage is done to Harris that the sex & minor changes weren't severed. Jurors are likely to be inflamed enough that Cooper died a horrible death and that Harris is absolutely responsible for that death. It's worse for Harris that he is claiming to have forgotten his baby in an inordinately short time, whether within 1 minute or 2 is immaterial.

I don't think many or anyone feels very sympathic to a parent who could forget their child in such a short time, for any reason, but sympathy would at least be conceivable in some instances, as Katy has posted, say if he had worked a double shift at the ER saving lives and was just utterly exhausted.

The DT seems likely to avoid using his preoccupation with sexting as an excuse of whatever sort (wise choice, IMO), but since those charges involving a minor are known to the jury, IMO it will be nearly impossible for any juror to not link forgetting with his sexting, including with a 16 year old. I think that linkage will make a finding that his forgetting was "wanton" or "reckless" far more likely, if not inevitable.

 

[alwaysonmymind]

I believe Ross researched and devised a plan to do this. He then deliberately left Cooper in the car to die a horrific death.

I believe he was late to work on purpose. It reduced the possibility of arriving at the same time of co-workers who might have observed Cooper still in the car. My opinion only.

I believe the movie was also planned so he could leave work before other employees went to their cars in the parking lot. My opinion only.

Plus other things point to planning and intent. My opinion only.




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[meanmaryjean]

I believe Ross researched and devised a plan to do this. He then deliberately left Cooper in the car to die a horrific death.

I believe he was late to work on purpose. It reduced the possibility of arriving at the same time of co-workers who might have observed Cooper still in the car. My opinion only.

I believe the movie was also planned so he could leave work before other employees went to their cars in the parking lot. My opinion only.

Plus other things point to planning and intent. My opinion only.




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Agree 100%

 

[colette]

This is not what he said in one of the pre-trial hearings. He testified that RH was all the way inside the frame and had a clear view. His testimony is included in the Podcast around the 8:57 mark.

http://breakdown.myajc.com/episode/episode-2/

thanks for the link. I had not heard that podcast. It is very well put together.

 

[blue22]

Apparently in Georgia, felony murder cannot be predicated on simple negligence that causes harm to a child. It has to be willful neglect - i.e. the defendant has to know the risk of serious harm/death to the child and willfully disregards the risk. In other words, in this case it would have to be proved that Ross intentionally left Cooper in the car and was indifferent to whether he was harmed or killed.

No, it would not. He is being charges with both first and second degree neglect. Both charges predicate felony murder charges. only first degree neglect requires intent.

 

[JerseyGirl]

Daycare told Leanna that RH never dropped Cooper off that morning. Leanna said 'he must have left Cooper in the car'.

Mother showed no reaction when told about the baby dying. She didn't ask to see Cooper. Only her husband. When she did see him she asked 'did you say too much?'

RH told wife Cooper was peaceful. Eyes and mouth closed. Said he was 'dreading seeing how he would look'.

RH said he noticed Cooper on his way to the cinema. He said he looked right to change lanes and saw his head. Travelled a bit further before pulling in.

While Leanna and RH were in room together Leanna received a phone call from her mother. The mother was screaming/upset down the phone and asked Leanna why she wasn't upset. L responded that she must be in shock.

Leanna showed no emotion while she was interviewed.


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... and Leanna at Little Aprons did:

Sometime after 4:51pm:

After LH made that infamous statement about how 'Ross must have left him in the car' when she found out Cooper was not dropped off at daycare. She then asked a male daycare worker to ride with her to RH work place (Home Depot, Treehouse location). Once she got there LE told her what happened to CH.

http://www.websleuths.com/forums/showthread.php?248989-LeAnna-(Mom)-1/page27&p=10751925#post10751925

 

[blue22]

100% this. I think the DT is going to have a really difficult time convincing the jury that Ross didn't act with a wanton or reckless disregard for Cooper's safety.

As an aside, I have seen nothing up until this point that indicates Ross willfully left Cooper in the car. However, we have another month of evidence.

I agree. I personally suspect he planned this, but I think it will be impossible for the prosecution to prove beyond doubt. I just don't think enough evidence will be there. But the second degree charge...I think it will be just as hard for the defense to refute that.

 

[PaperDoll]

IMO I think the prosecution is doing a good job proving it was planned. All the evidence, IMO this far shows me it was.

 

[PaperDoll]

It’s hard for me to get past in less than a minute heforgets to take Cooper to day care?Hedidn’t forget to take him out of the house that morning, nor into CFA, nor outof CFA and heads to the car, straps him in etc then out of the blue heFORGETS????Really???? Then goes towork, BACKS in the parking space, shuts off car, gets his drink, hangs in thecar for 30 seconds all the while not seeing Cooper?I DON’T BUY IT!!!!I DON’T, I DON’T, I DON’T!!!!


ETA: sorry about the typos, I'm having issues with my keyboard here.

 

[colette]

It’s hard for me to get past in less than a minute heforgets to take Cooper to day care?Hedidn’t forget to take him out of the house that morning, nor into CFA, nor outof CFA and heads to the car, straps him in etc then out of the blue heFORGETS????Really???? Then goes towork, BACKS in the parking space, shuts off car, gets his drink, hangs in thecar for 30 seconds all the while not seeing Cooper?I DON’T BUY IT!!!!I DON’T, I DON’T, I DON’T!!!!


ETA: sorry about the typos, I'm having issues with my keyboard here.

If you listen to the podcast, the reporter does the drive around the same time of day as Harris. It took 4x's longer than what the detective said. The reporter was never able to get to the place where you turn left to daycare or go straight to work in the time the detective got. There was so much traffic plus he made a U turn, many distractions. Also the car seat was facing backwards. Harris is deaf in his right ear, the ear towards where the child sat. I think if people listen to the podcast they may see that the detectives are not being truthful and stretching facts to fit their case.