Trial - Ross Harris #4

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  • #161
  • #162
Maddox Kilgore now begins re-cross.

"I want to go back just real briefly ... look at page 61 (of the transcript of a hearing in July). ... Specifically you're begin asked about that public service announcement video. You were asked how many times did he view it?
Stoddard replies that Harris viewed it two times.

Kilgore challenges Stoddard on that point, and Stoddard acknowledges that he doesn't know whether Harris actually watched the video twice. He says he knows for certain that Harris "accessed" the video twice.

Kilgore turns to the consultant the police hired to review Harris's web searches and Stoddard's admission that he didn't read the consultant's report.

Kilgore: "Something that important, the lead detective, you weren't clued in or told or given a copy of this report?"

Stoddard: "No. ... I don't even know if a report has been made."

An incredulous Kilgore asks, "Is it your position that you don't know if a report was made?"

Stoddard says he hasn't seen it, if it was, and admits that he never talked to the consultant about his findings, either.

The judge asks Kilgore how much longer he intends to re-cross Stoddard, and Kilgore says probably not more than 15 minutes.

Staley Clark declares a recess.
 
  • #163
Ouch is right! He hasn't hidden his disgust or bias in this case and that may turn off a juror. especially in the current environment as far as some people's view of LE.

But maybe not, if jurors share his disgust, get lost in the weeds about all the bits of evidence large and small & testimony the DT has discredited, and believe Stoddard et al might have made some mistakes, but give LE the benefit of the doubt and think they were just trying to do their jobs.
 
  • #164
It was which makes me think the FBI puts some type of stock into his research.
 
  • #165
Hopefully he/she is working for free and is uncharismatic, since that seems to be a reason that some want to discount Diamond's research.

Not sure on any payment in this case, but in the case he testified at in Aug of this year for a Judge he was paid $10,000 (judge left toddler in car, died. Judge acquitted)
Defense calls neuroscientist in Naramore hot car death case
Posted By Max Brantley on Thu, Aug 18, 2016 at 11:50 AM
The defense case continues today in the trial of Judge Wade Naramore for negligent homicide in the death last summer of his son, Thomas, left in a car seat in the backseat of the judge's car when he went to work.

According to Tweets from Drew Petrimoulx of our news partner KARK, the scientist is talking about how small acts can "restart habit functions. In this case, Narmaore normally took his son to daycare before going to work. But he stopped for a McDonald's breakfast. The suggestion is that this caused a restart of a habit to drive to work. The expert also spoke of the familiar happenstance of drivers who place a cup of coffee or some other object atop a car before getting in, then forgetting it when driving off.

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."http://www.arktimes.com/ArkansasBlog/archives/2016/08/18/defense-calls-neuroscientist-in-naramore-hot-car-death-case
 
  • #166
There are standards that every court must adhere to in qualifying a person as an expert and allowing their testimony as an expert.

Their methods and conclusions must be reliable and generally accepted as valid within the scientific community.

Typically when it comes to experts who might be challenged, there is a hearing well in advance of trial to determine whether an expert meets the reliability and scientifically accepted standards. It's called a Daubert or Frye hearing - based on SCOTUS cases that have laid out the standards for allowing expert testimony.

If Diamond has been accepted and qualified as an expert in many trials, then he has gone through this process that many times and found by the judge in each case to be a reliable expert testifying about concepts that are generally accepted in the scientific community.

He is not some quack who just came up with an idea based on nothing and is peddling his snake oil to make a buck.

I don't think he's a quack, actually. And I'm not speaking about the court's threshold. Scientifically speaking, there has never been independent research or studies on his theory. IMO, his theory as it stands, due to no research having been done...equates to an educated guess. Court's allow scientists to make educated guesses all the time. (For example frontal lobe science.)

Obviously, we can respectfully agree to disagree. No problems with that.
 
  • #167
Not sure on any payment in this case, but in the case he testified at in Aug of this year for a Judge he was paid $10,000 (judge left toddler in car, died. Judge acquitted)
Defense calls neuroscientist in Naramore hot car death case
Posted By Max Brantley on Thu, Aug 18, 2016 at 11:50 AM
The defense case continues today in the trial of Judge Wade Naramore for negligent homicide in the death last summer of his son, Thomas, left in a car seat in the backseat of the judge's car when he went to work.

According to Tweets from Drew Petrimoulx of our news partner KARK, the scientist is talking about how small acts can "restart habit functions. In this case, Narmaore normally took his son to daycare before going to work. But he stopped for a McDonald's breakfast. The suggestion is that this caused a restart of a habit to drive to work. The expert also spoke of the familiar happenstance of drivers who place a cup of coffee or some other object atop a car before getting in, then forgetting it when driving off.

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."http://www.arktimes.com/ArkansasBlog/archives/2016/08/18/defense-calls-neuroscientist-in-naramore-hot-car-death-case

BBM Well that was an interesting example.
 
  • #168
Well that's premature if you haven't heard his testimony or had a chance to evaluate its reliability.

Seems like anticipatory confirmation bias to me.

MOO

You are assuming this testimony would be my only knowledge about his theory. This particular case has nothing to do with my opinion about his theory. It doesn't at all. His testimony here has no impact on the lack of scientific research and study surrounding his theory. My problem is not this case testimony, my problem is his theory only.

As previously said, this is how I feel and JMO. I'm sure his testimony will stick with some and not with others. I cannot believe any testimony given by him as reliable, because I don't believe his theory is reliable. It's really that simple. I don't need or expect other to agree, and I certainly don't want to try an convince those that don't. Everyone is entitled, I respect that.
 
  • #169
I read that article before. It is truly heartbreaking.

I read that article in 2014 when the feel in this case changed from accident to murder in the first day of this tragic event. It rocked me. That's when I found the kidsincars.org and obesessevly read all the stories. Not just the hot car deaths. The Windows rolling up and choking children. The back overs. Garage doors. So Scary! To this day I make sure when my son is crying when I leave for any reason, I call my husband and ask if he has eyes on him becuase I'm too afraid to put the garage door down with out knowing if he tried to follow me out. He is so short I get worried I wouldn't see over the front of my SUV especially if I'm about to back out. I have a back up camera so I don't worry as much about a back over. My heart hurts for these parents. What an awful way to know your child suffered. I can't begin to imagine the whole in their hearts. That's one reason I feel I can't rush to judgement in this case. I believe this can happen to anyone. Thankfully it doesn't.
 
  • #170
  • #171
Do you have the title for that article? The link is to the Washington Post, and I can't access it because I've "used up my free articles for the month." Dang election. :D

Ugh I hate when that happens.
Look up Miles Harrison. Virgina
 
  • #172
I read that article in 2014 when the feel in this case changed from accident to murder in the first day of this tragic event. It rocked me. That's when I found the kidsincars.org and obesessevly read all the stories. Not just the hot car deaths. The Windows rolling up and choking children. The back overs. Garage doors. So Scary! To this day I make sure when my son is crying when I leave for any reason, I call my husband and ask if he has eyes on him becuase I'm too afraid to put the garage door down with out knowing if he tried to follow me out. He is so short I get worried I wouldn't see over the front of my SUV especially if I'm about to back out. I have a back up camera so I don't worry as much about a back over. My heart hurts for these parents. What an awful way to know your child suffered. I can't begin to imagine the whole in their hearts. That's one reason I feel I can't rush to judgement in this case. I believe this can happen to anyone. Thankfully it doesn't.

Here is a similar one with info from Diamond

http://theweek.com/articles/507198/last-word-forgotten-baby-syndrome
 
  • #173
Boring leads Stoddard through a series of questions concerning issues raised by the defense during Stoddard's cross. Kilgore then objects, saying that Boring is doing the testifying and just asking Stoddard to confirm the information that Boring presents. The judge asks the prosecutor to avoid asking leading questions but says she did not find the question that raised Kilgore's objection to be leading.

Boring turns to the question of what investigators smelled at the scene. He lists several investigators and asks whether they "smelled something" -- the implication being that there was an odor at the scene, even if it was not the smell of death that Stoddard had earlier testified about. Stoddard says yes.
I rewatched Ferrells testimony. HE testified that the smell of diaper wasn't a dirty diaper smell, just a diaper. Lumpkins said and this was when child still covered with sheet, Ferrell, yes.
*no smell of urine. We know now that the report and a lot of his testimony was false about being near Cooper when ME Inv and Shumpert were down with Cooper body.  (from CSI Shumpert testimony and ME Inv Jackson)

ETA: and ME Dr Frist, Ferrell said prob odor coming from gasses off the body, Dr Frist said different.
Curious who first came up with the "smell". JMHO hard to tell since Ferrell didn't do a report until a year later after being prompted by Stoddard. Ferrell "didn't recall" somethings too, yet said his memory on this case was very clear. His testimony sounded as if he went over the AR report that we have seen on some things. Also his times he said in his report he arrived at 5:15. ME Inv arrived at 5:15, and made 1st contact with Ferrell. Said Ferrell told him what he wanted done (how could Ferrell go over things if he just arriving allegedly at same time as ME Inv Jackson? He wouldn't have been been briefed by Officer Thorn yet. JMHO
 
  • #174
Ugh I hate when that happens.
Look up Miles Harrison. Virgina

Found it. Did you know the journalist who wrote it won a Pulitzer prize for the article?
 
  • #175
But maybe not, if jurors share his disgust, get lost in the weeds about all the bits of evidence large and small & testimony the DT has discredited, and believe Stoddard et al might have made some mistakes, but give LE the benefit of the doubt and think they were just trying to do their jobs.

I read a tweet last night (iirc it was someone Cathy at Courtchatter retweeted) that a media person inside the courtroom said the jury was leaning forward and attentive during Kilgore Cross of Stoddard.
 
  • #176
Is looking up remote islands evidence of premeditation? Oh. Oops. Now Kilgore puts those searches in perspective . Researcher Ross had just read a related article on Reddit and was doing his random research thing, following up on specific islands mentioned in the article.
 
  • #177
  • #178
Kilgore wanted to tell the jury that Stoddard refused to allow Leanna's attorney to retrieve photos of Cooper from her computer (in LE custody) she wanted to display at Cooper's funeral. It was spiteful.
 
  • #179
So is Stoddard now saying that RH could have seen Cooper as he walked up to the car at lunch? Would that be through the front window? Not by looking at the photos of the car prior to the car seat being removed from orig position. MAYBE after was put in manipulated and doll put in (could see top of doll head in photos Grimstead took like that but that was with the door open not shut.

Think Kilgore going to go over what Boring asked about turning to left. JMHO I disagree with Boring on that one. So did Greg Sanders the HD Corporate Security witness. Jmho
 
  • #180
Court is back in session. Kilgore resumes his re-cross-examination.

He and Stoddard spar over Stoddard's testimony regarding the surveillance video of Harris walking away from his SUV.

February 2015, he appeared to pull his phone out and use it.

But Stoddard is testifying today that he can't tell whether Harris was holding his phone.
 
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