The Grand Jury & Trial

[blefuscu]

How long does the prosecution have before they declare whether they intend to go for the death penalty or not?

 

[kimi_SFC]

Maddox Kilgore, Harris’ lawyer, tried to poke holes in the theories the prosecution might bring against Harris in the trial when he spoke about the indictment Thursday.

Kilgore said the charges of malice and felony murder contradict each other.

“The first count charges Ross with malice murder — that is that he intended to kill his son,” Kilgore said.

Philip Holloway, a Marietta criminal defense lawyer, said the definition of malice in Georgia law implies the person thought out the act.

“Under Georgia law, if a person is acting with malice it means they have acted with premeditation, deliberation and with an abandoned and malignant heart,” Holloway said.

Kilgore contrasted that charge with two counts of felony murder, one he said meant Ross Harris “intended — not to kill his son — but to maliciously cause him pain” and another he said meant Ross Harris “left Cooper there with full knowledge.”

Kilgore said he only has one defense.

“Ross doesn’t have any theories. He has the truth,” Kilgore said.

Holloway said Kilgore revealed the angle of defense he might use at trial during his statements about the indictment.

“What he was showing was part of his defense strategy. In other words, he’s showing that the DA is inconsistent in their allegations,” Holloway said.

Holloway said the eight charges against Harris ranging in severity could make it easier for a jury to convict Harris because there are many charges to choose from. Holloway said the jury might reason that if the jury didn’t want to convict Harris of malice murder, he should be convicted of felony murder.

“It makes it harder for him, because it gives the jury several things to hang their hat on if they decide not to go with malice murder,” Holloway said.

http://neighbornewspapers.com/view/...Harris-not--cold-blooded-killer-?instance=all

another new article:

http://www.tuscaloosanews.com/article/20140913/NEWS/140919780/1291/living02?p=1&tc=pg

Snip from 2nd link:


The very fact that prosecutors are considering the death penalty probably signals that they have found more incriminating evidence against Harris than was presented at the hearing, Atlanta defense attorney Page Pate said.

“They must have found something else during their forensic review,” Pate said. “To even talk about the death penalty, they must have something we don’t know about.”

:justice: for Cooper

:rose:



Sent from my iPhone using Tapatalk

 

[corq]

Snip from 2nd link:


The very fact that prosecutors are considering the death penalty probably signals that they have found more incriminating evidence against Harris than was presented at the hearing, Atlanta defense attorney Page Pate said.

“They must have found something else during their forensic review,” Pate said. “To even talk about the death penalty, they must have something we don’t know about.”

:justice: for Cooper

:rose:
Sent from my iPhone using Tapatalk

While I want this to be true for the sake of getting justice for Cooper, having lived through the Casey Anthony trial here in Florida, the issue of intent is so nebulous when you get a defense lawyer distorting perceptions to circumstantial evidence. I'm just not as confident these days.

I envision a defense lawyer citing the growing number of hot car death statistics as a premise that Ross "Just got distracted and forgot" Cooper.

OT: I seriously thought testimony to the smell of decomp in C.A.'s car, plus finding the remains in the woods, and the chronic lying about the whereabouts of the child would be enough for a sensible jury to convict. I now feel that if a Defense can obfuscate the facts and emotions to a jury thoroughly enough, "reasonable doubt" is distorted to mean "any kind of doubt" to the jury, and leads the jury to acquit. I want the evidence to be strong, but I want the prosecution to be VERY careful that they have counter arguments to the kind of obfuscation tactics the C.A. defense team employed. raying:

 

[JudyBolton]

Just saw this tonight - so maybe some news will be coming out on Thursday:

Philip A. Holloway ‏@PhilHollowayEsq 35m
ICYMI - #hotcardeath dad due in court this Thursday unless something changes. Could #deathpenalty be in store? Time will tell.

 

[MNSuz]

$5 say plea deal being negotiated.

 

[Z&BsMommy]

$5 say plea deal being negotiated.

I sincerely hope not. If anyone deserves the DP, this is him. Cooper died an excruciating death [emoji26] No punishment is enough. IMO

 

[popsicle]

[h=1]Death penalty for Ross Harris?[/h]
[video]http://www.11alive.com/videos/news/local/mornings/2014/09/22/16037441/[/video]

With Vinnie for those who miss him.

 

[gamatilda]

@RossCavittWSB: UPDATE: Ross Harris will NOT be in court this week for son's hot car death. Arraignment delayed, not yet set. #wsbtv http://t.co/Kgv2YoH49z

 

[gamatilda]

http://m.wsbtv.com/news/news/local/arraignment-delayed-dad-accused-hot-car-death/nhSpB/

Snip:
But the arraignment, set for Thursday, has now been postponed until sometime in October.

 

[kimi_SFC]

http://m.wsbtv.com/news/news/local/arraignment-delayed-dad-accused-hot-car-death/nhSpB/

Snip:
But the arraignment, set for Thursday, has now been postponed until sometime in October.

(snip)

"Whether or not the state seeks the death penalty in this case will be made on or before that arraignment date in the next two or three weeks," Reynolds said.

-----

The clock is still ticking.

:justice: for Cooper!

:rose:


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[blefuscu]

Prosecutors aren't going for the death penalty!!!!! I'm a bit shocked!

http://edition.cnn.com/2014/09/24/j...paign=Feed:+rss/cnn_latest+(RSS:+Most+Recent)

 

[katiewonders]

I'm more than just a bit shocked. If any defendant is deserving of death it is this one who purposefully left his 22 month old son in a car to bake in the hot sun to his death.

I'm not posting to get into pages of argument for or against the death penalty - we each have an opinion and you will not change mine and I will not change yours on this issue.

My point is: Georgia has the death penalty so when does the state expect to use it? They don't want to use it, then fine -- repeal it. The evidence released so far makes it clear to me. TO ME. All MOO.

If a lawyer in Ga. can help me understand why the state isn't going for DP, it would be appreciated.

Prosecutors aren't going for the death penalty!!!!! I'm a bit shocked!

http://edition.cnn.com/2014/09/24/j...paign=Feed:+rss/cnn_latest+(RSS:+Most+Recent)

 

[NotALawyer]

I'm more than just a bit shocked. If any defendant is deserving of death it is this one who purposefully left his 22 month old son in a car to bake in the hot sun to his death.

I'm not posting to get into pages of argument for or against the death penalty - we each have an opinion and you will not change mine and I will not change yours on this issue.

My point is: Georgia has the death penalty so when does the state expect to use it? They don't want to use it, then fine -- repeal it. The evidence released so far makes it clear to me. TO ME. All MOO.

If a lawyer in Ga. can help me understand why the state isn't going for DP, it would be appreciated.

Yes, if not now, when???

 

[seattlechiquita]

Prosecutors aren't going for the death penalty!!!!! I'm a bit shocked!

http://edition.cnn.com/2014/09/24/j...paign=Feed:+rss/cnn_latest+(RSS:+Most+Recent)

the article says Leanna thinks this means the prosecutor knows it was an accident? Witch, please.


"As far as my client is concerned, she has known from the beginning and she is thrilled with the district attorney's decision not to seek the death penalty because it affirms what we've been saying all along," he said. "This was just a tragic accident. When the truth comes out, justice will prevail for Ross."

 

[Z&BsMommy]

Wow, justice for Ross? What about Cooper?? Is this lawyer related to the Harris'? Seems to have fallen from the same rotten tree..smdh. IMO

 

[seattlechiquita]

Wow, justice for Ross? What about Cooper?? Is this lawyer related to the Harris'? Seems to have fallen from the same rotten tree..smdh. IMO

inorite???????

 

[song22]

I think it's a smart move not to seek DP. I think that's what went wrong in the CA trial. If anyone has a tiny bit of doubt, they are worried about possibly putting an innocent man to death. It just is another barrier for some folks to overcome. IMO.

 

[Z&BsMommy]

inorite???????

If it was my baby, I'd be telling him that prison was far less horrific than what'd happen to him once I got ahold of him... I mean, you want to ignore the fact that your husband is a pervert with a thing for young girls...makes you ignorant. To defend the man that MURDERED your baby, the little guy you carried, the little person who looked at you as his everything. In a HORRIFICALLY unimaginal way.. and let s not forget how poor Coopers funeral was used to proclain the innocence of his killer.. Prison doesn't like baby killers, Cooper WILL get justice one way or another.. I'm sorry for the rant but I am heartbroken and physically ill over this case...


#ComeHomeChristina

 

[CHERIE.T]

Precious baby Cooper. If no DP means the accused will suffer everyday, that is ok by me.

 

[thefragile7393]

Precious baby Cooper. If no DP means the accused will suffer everyday, that is ok by me.

People who do stuff like this don't suffer the way we do. They are victims in their mind. They don't respond to things like people with healthy functioning do. Whether it be life or death as a sentence, most just don't live with emotions like we do