Trial - Ross Harris #3

[Zoobiegirl]

Ahh I get it, refusing to answer questions is different from just babbling your head off! Thanks! I kept thinking I was missing something.

 

[Threeplus1]

So, thinking about when JRH out the light bulbs in his car: I've been watching people put things in their car lately (I volunteer in a place with a large parking lot where people frequently make trips to their cars). I haven't kept a scientific study, but I've noticed that MOST people put things in on the passenger side or on the driver's side, but in the back seat. Putting the lightbuls in the car has been bothering me, and that's why. Who puts breakable items in the driver's seat where you're going to have to move them? Looking at where he parked, his passenger side might not have been convenient with the curb there, but why not put them in the back seat? He wasn't picking up his little buddy that afternoon because he had movie plans, so no worries about a toddler messing with them. I never put items in the driver's seat. That action struck me as strange.

 

[arkansasmimi]

Quote Originally Posted by arkansasmimi View Post
Respectfully Snipped for space. Just wanted to remind about the 10% rule. Just ya to get in trouble. (been there done that myself

They were tweets. I know the 10% rule and I provided 2 sources.

The post I quoted was not tweets, but a copy paste from a whole article. But whatever, I was just trying to be helpful. Just as you were in posting it. Carry on.

 

[arkansasmimi]

One thing I do not foresee happening is Kilgore chewing up Stoddard. He may try but Stoddard is not easily shaken. He will hold his own.

He may hold his own but I have been paying attention to testimony from other Hearings and Testimony and that is what I am referring to. He was tasked at organization in this case. Lead Detective and yet at every Hearing he was unaware of multiple things. Right off the bat he had to introduce 2nd copies of the CF receipts that were lost and he had to get copies again, April 2016. He testified that he figured out the error in Escamillo report of the transposed number. I do not believe that . Because Kilgore made him aware of it on the stand (Det Escamillo) Had Stoddard found the error as he testified, he would have had Escamillo amend his report to reflect that long ago. He also would have known long before a year after that Lt Ferrell had not written his report before a year later. He would have known that Grimstead left the car seat in the SUV on 7/2/2014, because he along with Mr. Dustin did scans of that SUV the very day. He is the Lead Investigator. So far, he has given incorrect answers than Boring was wanting a couple times and Boring in his leading of the witness, and allowed by the Judge, give changed his testimony. I personally think it will be a very interesting Cross. JMHO

 

[JerseyGirl]

I can't imagine who Ross would call that would help him in his defense?

 

[arkansasmimi]

Quote Originally Posted by JerseyGirl View Post
Harris's main email address was a gmail account, Stoddard says. Bama30067 was another email that Harris used less frequently.

Boring asks whether police discovered a search on the topic of prison. Stoddard says there was a Google search on an undetermined date of "what is prison really like?"

Boring introduces two additional evidence exhibits, and he and defense attorney Maddox Kilgore have a lengthy conversation about what they are and presumably whether they are admissible.

The first exhibit turns out to be a copy of a Google results page in response to the query "what is prison really like?" One of the results is "how to survive in federal prison," Stoddard testifies.

Kilgore establishes that Stoddard performed the Google search in the past week and that the results page he generated may bear no resemblance to the page that a search more than two years ago would have generated. He then points out that the article in question has no date, but Judge Mary Staley Clark overrules him

.

It doesn't matter what the results were. What matters is the search term. I can see why he was overruled.

RBBM
As you know, the Defense job is to create reasonable doubt. If you have been paying attention, you will remember the State objected to Rodriguez doing the same thing last week when they printed out the screen prints of links that were looked at in reports.ETA: Rodriguez was allowed also to enter into evidence, over obj from State. Just as Kilgore had JM read all those text messages to prove a point on Cross, Boring had Stoddard to read all those tons of chat posts into the record. Tit for Tat kinda playing games a bit. But again getting stuff on the record and doing their jobs. State and Defense. JMHO

Also, there was the testimony from Alex, and the chat messages (entered into evidence), 6/6/2014 & 6/7/2014 referencing Orange is The New Black (which Season 2 was released on 6/6/2014) Then another RH & Alex chat 6/13/2014 - 5 days prior to Cooper death on 6/18/14. That 6/13/2014 as Kilgore noted, was was meant to be private chat between the 2 and had Alex read to self, and again was Orange is the New Black was referenced.

Snip about Orange is The New Black
Season:2 Episodes:13 Originally Released:June 6, 2014
The series revolves around Piper Chapman (Taylor Schilling), a woman in her 30s living in New York City who is sentenced to 18 months in Litchfield Penitentiary, a minimum-security women's federal prison (initially operated by the "Federal Department of Corrections", a fictional version of the Federal Bureau of Prisons, and later acquired by MCC, a private prison company) in upstate New York. https://en.wikipedia.org/wiki/Orange_Is_the_New_Black

JMHO I would be very shocked if Kilgore does not reference this under cross, as he brought out the point with Alex on Cross. Especially since the "Federal Prison" reference by Stoddard. Again JMHO

 

[Hope4More]

I can't imagine who Ross would call that would help him in his defense?

Imo his defense has already been fully underway, has made progress with undermining the credibility of LE's investigation, and will further that key component of their strategy by eviscerating Stoddard on cross.

For their case in chief, we know from pretrial evidentiary hearings that the DT will call Dr. Diamond for forgotten baby syndrome, and a Dr. A. who was brought in to, in essence, explain RH's demeanor at the scene and on those videos.

Beyond that, dunno. Leanna apparently will be testifying, but as usual with this case, the media jumped to conclusions, assuming she will be testifying for the defense.

It matters whose witness she is. If she's a State's witness, the DT will be restricted in what they can elicit from her, because they're only allowed to cross on what was brought up on the State's direct.

If she's a defense witness they'll obviously have more latitude, but IMO Leanna not-Harris is the true wild card of this trial. I think she has the potential to be damaging to either side, but perhaps more so to the defense. The jury watched that 45 minute video of LH and RH, and even if they didn't know anything about the case before trial (and most did), I have a feeling they are not going to freely extend their sympathy to her (and her testimony) when she takes the stand.

 

[JerseyGirl]

here is the link to the youtube stream of the proceedings today from the wonderful Fox 5 Atlanta. It's the best live streaming out there, no buffering, no delays:

[video=youtube;Pr74tFZWYA8]https://www.youtube.com/watch?v=Pr74tFZWYA8[/video]

Also, I will again pull tweets from these two MSM news outlets once coverage begins this morning:

http://www.ajc.com/news/breaking-ne...arris-murder-trial-oct/Dmo0qRDQuDAgfBiBSbsmiP
http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/460447473

 

[PaperDoll]

I keep seeing posts about Ross's statements regarding not leaving his wife because of Cooper... To me this is the opposite of a motove and certainly not a negative thing. He didn't want the child to come from a broken home so he was willing to work through his unhappiness out of love for his son. I would say that statement is one of a redeeming nature for this mess of a man. There is not one person who has come forward that knew him prior and had one negative thing to say about him. Usually every Tom, Dick and Harry is battling for an interview or to make a statement. No way that no one picked up on the so called charade of him being a loving father. That is far fetched IMO. As far as no one supporting him in court. How do we know that for sure? Maybe it is at his request. Not his finest moment and that aside the ME report and photos of Cooper may have been a lot . One never knows. Maybe they will come for the defense's case. Can anyone point to an article or interview from a family member condemning him? I just started back into this at the start of the trial so I apologize if I'm wrong.

Under other circumstances I can see how this would be a more positive thing. However, Cooper ended up dead in a hot car due to Ross. Add up all the evidence this far, well I’m going with Cooper got in the way of his other lifestyle. MO!

 

[turaj]

He may hold his own but I have been paying attention to testimony from other Hearings and Testimony and that is what I am referring to. He was tasked at organization in this case. Lead Detective and yet at every Hearing he was unaware of multiple things. Right off the bat he had to introduce 2nd copies of the CF receipts that were lost and he had to get copies again, April 2016. He testified that he figured out the error in Escamillo report of the transposed number. I do not believe that . Because Kilgore made him aware of it on the stand (Det Escamillo) Had Stoddard found the error as he testified, he would have had Escamillo amend his report to reflect that long ago. He also would have known long before a year after that Lt Ferrell had not written his report before a year later. He would have known that Grimstead left the car seat in the SUV on 7/2/2014, because he along with Mr. Dustin did scans of that SUV the very day. He is the Lead Investigator. So far, he has given incorrect answers than Boring was wanting a couple times and Boring in his leading of the witness, and allowed by the Judge, give changed his testimony. I personally think it will be a very interesting Cross. JMHO

cross should be good and is anyone else READY FOR CROSS?? This direct is way too long and boring !! There is something to be said for hitting a point hard but I think this is just too much...way too much and the cross will now be just as long. Sorry but atty Boring is boring!! He sort of lulls you into a place and I think is not that effective.

 

[Maisiebelle]

No, it's a completely different charge.

Malice murder: The state is alleging that Ross purposely planned and deliberately killed Cooper by leaving him to die in a hot car. This charge is the one that the state has mostly been focusing on, trying to prove that Ross didn't want his child any more because he just wanted to sext and go to movies with is friends, and his wife didn't have sex with him. IMO, as I'm sure you've figured out, the State has done a lousy job of providing compelling evidence of a motive or any evidence that Ross purposely killed his child.

Felony murder: Felony murder is when a death occurs during the commission of a felony that is inherently dangerous to human life and carries a reasonably foreseeable risk of death. In this case, the underlying felony the state is alleging is child cruelty in the 2nd degree. 2nd degree child cruelty is causing excessive physical pain to a child through criminal negligence. Criminal negligence is conduct that is undertaken despite a reasonably foreseeable risk of death - it is not just an accident or mistake. It requires purposeful conduct that exposes a person to the risk of death, even if death is not intended. An example would be purposefully leaving a child in a hot car for hours, knowing it's dangerous to the child and that it could kill him, even if there is no specific intent to kill the child; or leaving a loaded gun within a toddler's reach without supervision, and the toddler gets the gun and shoots himself.

I did some research on Georgia law on these issues. A couple of examples of criminal negligence felonies that formed the predicate for felony murder convictions are:

1) A father was a drug dealer and kept his cocaine stash in an arm rest of the sofa. The father conducted his drug deals within view of his toddler daughter on a daily basis, and the stash was where the toddler could get it. The child got the cocaine, ingested it and died. The father was charged with felony murder based on 2nd degree child cruelty - doing drug deals in front of his toddler and leaving the drugs where the child could access them was criminally negligent conduct because it was inherently dangerous to the toddler and created a known risk of death.

2) A mother slid her baby down a stair banister, resulting the infant falling 5 feet to the ground. There was also evidence that the mother shook the baby to supposedly try to revive her. There was also evidence of a history of past physical abuse of the child. The jury found her actions were criminally negligent (whether the child died because of the fall or from being shaken) and found her guilty of child cruelty/felony murder.

3) There are a whole bunch of cases about felons in possession of firearms who accidentally shot someone (while hunting or cleaning a gun). In one supreme court case, the court found that being a felon in possession of a firearm is not itself inherently dangerous and was not a felony that could support a felony murder conviction. In other cases, the court found that the particular circumstances of the way a felon was using a firearm (carelessly or recklessly) made it a dangerous felony that could be the basis for a felony murder conviction.

In this case, the state has in no way made it clear what they believe the criminally negligent conduct was that would support a 2nd degree child cruelty conviction and felony murder conviction.

Thank you so much for explaining the charges. Its really helpful for us non legal minds.

Would you mind if I ask you a question. You absolutely don't have to answer. Are you a defense attorney?

 

[Hope4More]

Minor-- I'm too lazy to go back and find your post about thinking it was a mistake by the State to focus their case so squarely on proving malice murder rather than criminal negligence.

But...I'm not sure I agree. I think the State wants to nail him for malice murder, but they don't really have a need to do so to achieve putting RH away for a very, very, long time. Given the State's brand new ability to attach felony murder to existing CC statutes, they now can get murder convinctions without having to prove either intent or premeditation.

I've said all along that I think this jury is likely to define criminal negligence for themselves, no matter what instructions and definitions Staley provides them for deliberation (if they don't convict outright on malice murder).

That RH was negligent is imo beyond dispute, no matter what Dr. Diamond brings to the table. Cooper is dead. It was RH's responsibility to keep him safe, and he didn't, no matter why he didn't. Past that, I think the jury will bring to the table all the bad character evidence, especially the sexting of June 18. There isn't a direct nexus between the sexting on that day and the time in which RH didn't take Cooper to daycare (he wasn't sexting during those few minutes) but I don't think it will matter.

So, imo, the State's strategy of focusing on bad character evidence and RH's demeanor on the 18th is a two-fer: provide it as "evidence" of intent, but failing that, so alienate the jury from RH that they will fill in every blank with antipathy towards him, and reach for the harshest interpretation of any area they find gray.

 

[JerseyGirl]

cross should be good and is anyone else READY FOR CROSS?? This direct is way too long and boring !! There is something to be said for hitting a point hard but I think this is just too much...way too much and the cross will now be just as long. Sorry but atty Boring is boring!! He sort of lulls you into a place and I think is not that effective.

it's too much because there is so much evidence against him. We are not dealing with a guy who was unfaithful to his wife with ONE person, this guy had almost a dozen young ladies, some brought in for examinations, others they just have his texts and stuff. One text he's asking his wife for a grocery list, but int he meantime he's calling a prostitute for a quickie. For someone who worked in IT, I'm surprised he didn't delete half this stuff. And if Leanna wanted a divorce at any time, all she had to do is take his phone to a divorce attorney and download it.

 

[arkansasmimi]

Wondering if the suv and Mr Dustin 3D animated video will be last day when the State rests?

ALL RISE bring in the Jury...

 

[Inthedetails]

it's too much because there is so much evidence against him. We are not dealing with a guy who was unfaithful to his wife with ONE person, this guy had almost a dozen young ladies, some brought in for examinations, others they just have his tweets and stuff. For someone who worked in IT, I'm surprised he didn't delete half this stuff. And if Leanna wanted a divorce at any time, all she had to do is take his phone to a divorce attorney and download it.

Bbm

Perhaps he was passively hoping she would do just that. Idk

 

[Hope4More]

here is the link to the youtube stream of the proceedings today from the wonderful Fox 5 Atlanta. It's the best live streaming out there, no buffering, no delays:

[video=youtube;Pr74tFZWYA8]https://www.youtube.com/watch?v=Pr74tFZWYA8[/video]

Also, I will again pull tweets from these two MSM news outlets once coverage begins this morning:

http://www.ajc.com/news/breaking-ne...arris-murder-trial-oct/Dmo0qRDQuDAgfBiBSbsmiP
http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/460447473

Thank you, Jersey Girl, for posting that best video link (it really is) every day, and for taking the huge amount of time and effort every day to post trial tweets. I don't agree with you very much about the trial, but I'm 100% , unambivalently grateful for your work.

 

[matou]

I think he wanted a reason to go to his car alone at lunch. No reason to put a small bag in the car when he would easily put it on his desk and bring it in. Not like it was a cumbersome package or anything. JMO He was going to make a decision about Cooper and he decided to walk away IMO.

 

[matou]

Philip A. HollowayVerified account ‏@PhilHollowayEsq 3m3 minutes ago Marietta, GA
Detective tells #HotCarDeath jury that 3 days before child's death #RossHarris had note on phone "Anatomy of Temptation: Desire >Sin >Death"

 

[Inthedetails]

Philip A. HollowayVerified account ‏@PhilHollowayEsq 3m3 minutes ago Marietta, GA
Detective tells #HotCarDeath jury that 3 days before child's death #RossHarris had note on phone "Anatomy of Temptation: Desire >Sin >Death"

I don't recall reading about that before.

 

[JerseyGirl]

Boring presents notes taken on an app called Evernote. It has written on it “Anatomy of temptation. Desire is > sin > than death.”

Boring also shows more Whisper messages Harris sent to women. Stoddard reads from one exchange on the morning of Cooper’s death after the boy had already been left in the SUV.

One person writes, “Having an extremely boring slow day. Can anyone make the day go faster?”

At 10: 46 a.m. Harris respond, “My day just started too.”

__

. At 10:50 a.m. the morning of Cooper's death, Harris sent another message to a woman on Whisper about his son. He talked with her about how Cooper woke him up early that morning. During the chat, around 11:17 a.m, , Harris says, "He's awesome". Prosecutors say that message was sent not long before Harris went to lunch.