Trial - Ross Harris #9

[minor4th]

State does not have a coherent theory and apparently no theory for criminal negligence

 

[yupikgirl]

He was sexting as his son was dying in the car. It is a fact that had he "remembered" he could have possibly saved him.

It is a fact he was committing both crimes at the same time. (Oh excuse me alleged crimes)


Sent from my iPhone using Tapatalk

 

[Gardenista]

It's crazy. The State has absolutely nothing.

 

[JerseyGirl]

Boring closing continued:

Felony murder does not require the intent to kill or any type of malice. What we have is criminal negligence, Boring said.

There was cruel or excessive physical pain. “There is no doubt about that how this child suffered,” he said.

Based upon those acts, the child died, that’s it cut and dried, Boring said.

The defense in their opening statement said they wanted you to pay attention to something crucial in this case – a linchpin of their case. He told you the defendant was not sexting that day until after he dropped Cooper off.

"That’s what they were hanging their hat on in their opening,” Boring said. “We know that’s not the truth. That’s not the evidence. That’s not what happened.”

 

[BetteDavisEyes]

I'm guessin' the alternatives - cooked to death, baked, etc.- don't sound much better. One does in fact get "sun burnt/burned", though. Guess he'd be called "Boring", again, if he went into how the temperature of the inside of the car rose, Cooper had not even a cracked window to breath, he couldn't get himself out of his car seat, his body's temperature rose, he was sweating profusely....etc. Maybe he could have used cooked, or baked.

Sunburn is the result of over-exposure to harmful sun rays. Cooper was not exposed to direct sunlight. Cooper was inside a car that became unbearably hot as the outdoor temperature rose.

We've all experienced being overheated at sometime in our lives. Menopausal women are all too familiar with the discomfort of night sweats and/or hot flashes. Very uncomfortable. What Cooper endured until his little body could take no more is beyond horrendous :stormingmad:

 

[Hope4More]

Again with the most knowledgeable person in the world about hot car deaths because he watched a PSA, one video and spoke to his wife about it?

I wonder what hot car prevention advocates think of knowledge they hope everyone has being used as evidence of guilt ?

 

[blue22]

The charges are not unrelated. He was doing them while doing the alleged other crime he's been brought to trial for. All at the same time. Other charges with minors on other days have been separated- as they should have been.

This happened in the Christina Morris case. Posters slammed the thread with "fact" after fact of how that defendant was framed and nobody else was ever looked at. Basically just discredit law enforcement and call it a day. Thankfully that defendant was found guilty as he obviously was. But the power posting and mocking of anyone who felt differently did not go unnoticed.


Sent from my iPhone using Tapatalk

In certain types of cases there certainly can be a sense of superiority by those in the "minority."

 

[katydid23]

It's crazy. The State has absolutely nothing.

What they do have is a dead baby and evidence that he was left in a hot car by a father who had been texting about his need to escape the burdens of family life, minutes before locking the child into that death trap.

 

[ScotAng]

Dude, no, RH was NOT sexting as he drove. Get your facts straight.

Jury could see that as a distraction.

 

[JerseyGirl]

Boring closing continued:

Criminal negligence is wanton, willful or reckless disregard of others that may reasonably expected to be injured by that act.

Harris knew all about the danger of leaving a child in a hot car. Harris and his wife talked about it.

The defendant knew he could prevent that from happening and he didn’t, Boring said.

This defendant’s obsession was more than criminal negligence. “It was an intentional murder,” he said.

 

[SuperTmo]

Was it just me or did the end of RH's interview where he rattled off how he had no history of abuse, domestic violence, has a background in LE, and how everyone would say he's a wonderful father sound a little too much like he'd thought through it previously? That really shook me up. It was almost...rehearsed. As if he'd gone through it all in his mind how they would never suspect him of doing it on purpose, but the detectives hadn't mentioned any of those things yet and he had to make sure they knew. I hadn't watched the interview before, and seeing it now where he's calm and arguing the charges gave me chills. No wonder LE was suspicious!

Just catching up!

I don't think he rehearsed it in a "what would I say to the cops" kind of way. I think he was very familiar with other cases of children dying in hot cars and THEIR parents weren't charged (or were charged with lesser offenses) and THEIR parents had no history of abuse, no priors, etc.. RH felt like he fit in the same mold as the rest of them, so IMO he was genuinely surprised when he was charged.

ETA seeing him argue the charges with the police was very much like seeing my sociopathic, narcissistic ex arguing with the Judge at our custody hearings. Imagine someone like RH representing himself and you can imagine how our custody hearings went... The smackdowns from the Judge were AMAZING.

 

[Hope4More]

Bring on Kilgore.

 

[JerseyGirl]

Boring closing continued:

No doubt Harris is guilty of criminal negligence, Boring said.

Harris also faces felony murder counts involving malice.

Malice is not ill will or hatred, Boring said.

For this count, it means intent to cause particular harm – in this case pain – or the wanton or willful doing of an act with an awareness that such harm may happen, Boring said.

 

[Hope4More]

He's genuinely making no sense at all about what must be proven for malice murder.

 

[MzOpinion8d]

To the point. AR discrepancy not addressed. Grimstead testimony on the measurements on Car seat, you would have to relisten to testimony.

View attachment 104199

Where CSI Grimetead points to as the "top" of his measurement View attachment 104200

1st doll used (not one in scans) but one Grimstead used 7/2/14 and incorrect car seat settings View attachment 104202

Cooper head position 4/20/14View attachment 104203

**per ME his head would have been slumped over when found not up like these photos of doll and 4/20/14 *lividity showed that.

The position his head was in when he was dead doesn't matter. What matters is the position his head was in as he sat there waiting for Ross to get him out of the seat and take him in to daycare.

 

[JerseyGirl]

Another set of tweets continued:

Boring explains how to evaluate intent, motive and expert testimony to jurors.

Boring goes count-by-count explaining Harris' guilt.

Boring says Harris is clearly guilty of count 6, Criminal Attempt to Commit a Felony, to wit: Sexual Exploitation of Children. He says Harris asked a 16-year-old to send him a picture of her genitals at least six times.

Boring says Harris "coached a 16-year-old on how to perform oral sex" and sent photos of his genitals to a minor. Boring argues that clearly makes Harris guilty of counts 7 and 8, Dissemination of Harmful Material to Minors

Boring says Harris' statements and actions make him guilty of counts 3 and 5, felony murder and cruelty to children in the second degree. He says for these counts there is not intent to kill or malice needed to convict, just criminal negligence.

Boring says there's no chance this was just an accident. He says at a minimum, Harris is guilty of being negligent. "This isn't an accident because there is at a minimum criminal negligence and evidence shows there was criminal intent."

Boring says counts 2 and 4, felony murder and cruelty to children in the first degree, do not have a requirement of an intent to kill, but do have a requirement of malice.

Boring says this case is not about "ill-will or hatred." It's just that "he just that he loved himself and his other obsession more than that little boy."

Boring says count 1, Malice murder, means killing without justification, excuse or mitigation with malice aforethought. "There is no excuse" for that little boy's death, Boring says.

http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/464790712

 

[JerseyGirl]

Boring closing continued:

The final count Harris faces is felony murder with malice.

“This isn’t a case about an adult hating a child,” Boring said. “It’s just that he loves himself and his other obsession more than that little boy.”

Malice in this case is killing without justification, excuse or mitigation.

“Killing a young children, there is no excuse for it,” Boring said. The fact that he was a good dad on other occasions does not excuse what he did, the prosecutor said.

“This killer’s heart abandoned this child long before he died,” Boring said. “(Harris) sat there malignantly while that child cook in that car.”

There is no requirement to prove premeditation.

Malice can be formed in an instant. There is no premeditation is required. Although the evidence screams that he had been thinking about this for some time,” Boring said.

 

[ScotAng]

The 30/40 seconds leaving CFA is key.

The second 30 seconds when he left Cooper in that car, is key.

The return to the car at lunchtime, is key.

 

[katydid23]

He's genuinely making no sense at all about what must be proven for malice murder.

So you say the prosecutor does not know what needs to be proven about malice murder?:thinking:

 

[Hope4More]

Maybe it's different in GA, but where I live, lightbulbs are packaged well enough to even be dropped on the ground and not break.