1344 users online (246 members and 1098 guests)  


Websleuths News


Page 5 of 9 FirstFirst ... 3 4 5 6 7 ... LastLast
Results 61 to 75 of 133
  1. #61
    Join Date
    Mar 2009
    Location
    DofC
    Posts
    22,011
    Quote Originally Posted by JerseyGirl View Post
    Harris pleaded not guilty to charges of felony murder and cruelty to children. A new warrant was issued in Harris’ case, downgrading the cruelty to children charge to the second degree after it was discovered Harris returned to his car during his lunch break and still did not notice Cooper in the backseat.

    http://behindblondiepark.com/2014/06...-both-parents/
    Just fyi that isn't msm:


    Behind Blondie Park takes no responsibility for the content or accuracy of the above news articles, Tweets, or blog posts. This content is published for the entertainment of our readers only. The news articles, Tweets, and blog posts do not represent our opinions nor can we guarantee that the reporting therein is completely factual
    k takes no responsibility for the content or accuracy of the above news articles, Tweets, or blog posts. This
    __________
    “Hate, it has caused a lot of problems in the world, but has not solved one yet.” - Maya Angelou

  2. #62
    Join Date
    Jul 2014
    Posts
    313
    Quote Originally Posted by JerseyGirl View Post
    Justin Harris entered a not guilty plea in his first court appearance on Thursday night. A bond hearing was set for July 15.

    Video of this Thursday night (6/19 court appearance)

    http://www.11alive.com/video/3632204...Harris-hearing

    on this night, the judge said the bond hearing would be July 15, but wasn't it on July 3?
    I believe the July 15th hearing was supposed to be a bond hearing before.a Superior Court Judge. Magistrate Judges don't, I think, generally decide bail in felony cases. They can, however, under certain conditions.

    I'm at work and can't find the statutes at the moment, but I will tonight when I get a chance.

    I think tlcya is right that it was held in the same proceeding because the defense wanted it del with ASAP (and because of the media attention I think).

    I also believe that he can only be held for 90 days without bail and no grand jury indictment. That's still a ways away... but it does put a time limit on things.
    Atlanta... Making it easy to be nasty since 1847.

  3. #63
    Join Date
    Jul 2014
    Posts
    313
    Quote Originally Posted by popsicle View Post
    Just fyi that isn't msm:


    Behind Blondie Park takes no responsibility for the content or accuracy of the above news articles, Tweets, or blog posts. This content is published for the entertainment of our readers only. The news articles, Tweets, and blog posts do not represent our opinions nor can we guarantee that the reporting therein is completely factual
    k takes no responsibility for the content or accuracy of the above news articles, Tweets, or blog posts. This
    Lol, some MSM doesn't take responsibility for its content, either....
    Atlanta... Making it easy to be nasty since 1847.

  4. #64
    Join Date
    May 2005
    Location
    Anaheim, CA
    Posts
    13,250
    Quote Originally Posted by Ruby View Post
    ITA

    Very, I mean very enlightening that the prosecution does not need to show/prove intent.
    Why even have a trial, just charge him and sentence.
    It's a proven fact RH was the one that caused the death of his son. I thought the whole question was accident or murder.
    What's the sense of all the news - the hype - getting public opinions - testing/retesting of cars/car seats if there's no need to prove accident/murder.



    my opinion, etc.
    Lets be reasonable. They still have a lot to prove.

    Quote Originally Posted by tlcya View Post
    Also in Georgia, a conviction for felony murder may be predicated on second degree child cruelty, which qualifies as that "inherently dangerous felony." That's what has happened so far in this case. The prosecution has charged Harris with second degree child cruelty, and used that charge as the predicate felony for the murder charge. There's just one problem: The second degree cruelty charge is a negligence crime.

    http://www.cnn.com/2014/07/08/opinion/cevallos-hot-car-felony-murder/index.html

    link to the the case cited in the article above (blue text is embedde link), White vs State, was appealed and the appeal was unsuccessful. The mother was found guilty of the child cruelty and neglect and murder of her daughter.

    Janice White appeals her convictions for felony murder while in the commission of cruelty to a child in the second degree, aggravated assault, and cruelty to a child in the first degree, in connection with the death of her infant daughter, Daija White. For the reasons that follow, we affirm in part and vacate in part.[1]

    https://www.courtlistener.com/ga/88Uz/white-v-state/
    The defendant in that case left her infant daughter with a man who continually abused the 10 month old. The baby had layers of bruising on her little body from belts. She had been shaken hard enough to cause injury. There is no way, based on her statements to LE and the layers of bruising that his woman didn't know what was happening to her little girl.

    I have NO problem with this woman being convicted of felony murder. I wish the charge was available in every state to deal with people who allow their new mates to torture their kids.

    Quote Originally Posted by tlcya View Post
    because it is more complex than that IMO which is why there is so much debate about these charges.

    The murder guilt hinges on the neglect charges. So when we analyse all this, we have to think about what is the burden of proof on the neglect charge. Does he have to be conscious that he is committing a neglectful act? Does he have to be aware he is doing something neglectful that could result in death?

    That is where the nitty gritty of the debate goes IMO.

    It looks as if there are those who view it like this:

    If he genuinely forgot his child was in the car but the mere act of forgetting constitutes that level of neglect then

    a) that is basically saying forgetting a child in a car is automatically always 2nd degree neglect, which in the state of GA also means you can be charged with felony murder.

    or

    b) if awareness is the burden of proof then the individual must be proven to have had that AWARENESS to be proven guilty

    Then there are others who seem to feel

    If you leave your child in the car, aware or not, forgot or knew, and that child dies, you are straight up guilty of criminal neglect and therefore also guilty of felony murder under the law as written in GA. (no a or b, just one road to travel and all roads lead to guilty - I fall into this school )
    Quote Originally Posted by RANCH View Post
    I'm taking a look at what crimminal negligence means in the State of Georgia. I found this.

    So it doesn't mean an intentional act but it implies knowledge of probable consequences and also willful or wanton disregard of the probable effects. To me, for the state to prove criminal negligence, which is required for the 2nd degree child cruelty and then the felony murder to be applied, a willful or wanton disregard must be proven.

    To me a willful or wanton disregard for the death of a child is a deliberate and unprovoked act. I'm not sure how that could happen unintentionally. It seems that intent would be involved somehow.

    How will a jury see this?

    http://www.avvo.com/legal-guides/ugc...uct-in-georgia
    Here's what I wrote, guys, that may explain it better. (It's not perfect but it's pretty good):

    This is what they would need to find in order to find him guilty of felony murder:

    1. Ross Harris knew the likely consequences of forgetting or leaving Cooper in a hot car for hours. He had a reasonable "foresight" of the probable injuries of being left in a hot car.
    2. He deliberately or recklessly disregarded the consequences of forgetting Cooper or was neglectfully indifferent to Cooper's rights and safety (did not care).
    3. As a result of Ross Harris' reckless disregard of the consequences of leaving Cooper in a hot car, or as a result of his neglectful indifference to the rights and safety of Cooper, Cooper died.
    4. Cooper died in a cruel and/or excessively painful manner.

    It is unnecessary to find that a) Ross intended to kill Cooper. b) Ross intended to cause serious bodily harm to Cooper.

    Can they find that it was a pure accident? Well, that depends on what you mean by accident. Is it an accident if a person forgets their children in car because they decided to get super high? They know it is dangerous. They should be more vigilant, but they are reckless or indifferent about the safety of their children, because their own needs, their own desires to go get wasted are more important?

    Although that is not the situation here, that is a situation that could result in the same charges and it is one in which the actual death or the harm resulting from being baked in a hot car, was not intentional.

    Going off the list above, here's how I think the charges could be proved:

    1. Ross had recently been made very aware of hot car deaths involving children, via reading about the Georgia safe kids in cars program and by doing independent research of how long it would take a living being to die in a hot car. He was well aware of the danger to a child resulting in such an event.
    2. Despite such knowledge and awareness of what could happen, Ross he didn't take reasonable precautions to prevent from forgetting Cooper, such as putting belongings he needed to take, in the back seat, attaching a note to his dash, having his wife call or text him after arrival at work, etc.
    - Or, despite such knowledge and awareness of what could happen, he was quite unconcerned about the possibility of Cooper dying in a hot car, so he forget his kid in the 30 seconds it took to turn left or right out of the Chik-fil-A parking lot, and in the 2 to 3 minute drive to work, and in the 30 seconds he sat in his car before exiting, leaving Cooper behind.
    - Or, despite such knowledge and awareness of what could happen, he just didn't care about what happened to Cooper and was more concerned about his own affairs, such as working, sexting, going to movie, so he just left him there, possibly knowing he left him or leaving without knowing when all the facts - 30 seconds after leaving the parking lot of Chik-fil-A, he turned the wrong direction, 3 minutes in a small car with an awake Cooper, he doesn't realize he needs to drop him off, 30 seconds parked in the lot, he doesn't realize Cooper is there, despite the fact that the car seat is jammed up against the side of his face, practically - show that he should have known.
    3. Cooper died because his dad, despite clearly knowing what could happen to Cooper in a hot car:
    a) took no reasonable precautions to stop from forgetting him;
    b) didn't care what happened to Cooper and was narcissistically immersed in his own affairs or needs and desires instead of doing what he needed to keep Cooper safe, so he forget him;
    c) knew Cooper was in the car but cared more about his own needs than Cooper's life or safety;
    d) reasonably should have known Cooper was in the car, and should not have forgotten him under the circumstances, because a halfway decent parent would not have forgotten under those same circumstances.
    4. Cooper died horribly with great suffering as shown by the frantic injuries to his head and face and his open eyes and protruding tongue.

    I think that practically, the jury would have to find much more than a pure accident that could happen to many people - you know, a lot on the mind, little sleep, uncharacteristically quiet/asleep child during the drive, constant phone calls or distractions during the drive, a difference in routine that day, etc.

    But they don't have to go all the way to finding he intended to murder Cooper or even that he intended to cause him any harm.
    Last edited by gitana1; 07-14-2014 at 10:26 PM.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  5. #65
    Join Date
    Apr 2010
    Location
    In my treehouse, empty nesting.
    Posts
    12,854
    Not sure where to put this.

    "The third step: the district attorney will present evidence to a grand jury and decide which charges they plan to pursue against Harris. The office has 90 days to indict the case before Harris is guaranteed bond by law. Monday marked day 26."

    http://www.11alive.com/story/news/lo...eath/12650533/
    ~ my opinion only

  6. #66
    Join Date
    Jan 2012
    Posts
    8,281
    excellent info

  7. #67
    Join Date
    Aug 2008
    Location
    State of Disbelief. SC
    Posts
    12,075
    This isn't a question about the current charges, but I figured the legal experts might see this question if I posted it here.

    If RH gets charged with additional crimes, like charges stemming from sexting and meeting the underaged female, will he have another court appearance?

    Thank you for any insight.
    Say what you mean, mean what you say, but don't say it mean.
    We are all just trying to make sense of an unimaginable crime.

  8. #68
    Join Date
    Apr 2010
    Location
    In my treehouse, empty nesting.
    Posts
    12,854
    Quote Originally Posted by Lovejac View Post
    This isn't a question about the current charges, but I figured the legal experts might see this question if I posted it here.

    If RH gets charged with additional crimes, like charges stemming from sexting and meeting the underaged female, will he have another court appearance?

    Thank you for any insight.
    I have questions too.

    It's my understanding he will have to be taken to Cherokee County to answer to the charges.
    I was wondering isn't it a federal crime? Possessing underage porn
    ~ my opinion only

  9. #69
    Join Date
    Apr 2010
    Location
    In my treehouse, empty nesting.
    Posts
    12,854
    "Joseph Reese, 31, cried as he pleaded guilty to the Receipt of Child Pornography before United States District Court Judge Clay Land in federal court Wednesday morning."
    http://m.wtvm.com/#!/newsDetail/13912016

    This was Georgia and it's Federal.
    ~ my opinion only

  10. #70
    Join Date
    Jul 2014
    Posts
    313
    Quote Originally Posted by Lovejac View Post
    This isn't a question about the current charges, but I figured the legal experts might see this question if I posted it here.

    If RH gets charged with additional crimes, like charges stemming from sexting and meeting the underaged female, will he have another court appearance?

    Thank you for any insight.
    Yes ma'am. New charges would equal new court appearances.

    By the way, do you have a source that he meet the minor for sex? I know her met a woman at a park in Acworth, but I don't remember them specifying who she was. Please and thank you!
    Atlanta... Making it easy to be nasty since 1847.


  11. #71
    Join Date
    Jul 2014
    Posts
    313
    Quote Originally Posted by gngr~snap View Post
    I have questions too.

    It's my understanding he will have to be taken to Cherokee County to answer to the charges.
    I was wondering isn't it a federal crime? Possessing underage porn
    Lots of things violate both state and federal laws.
    Atlanta... Making it easy to be nasty since 1847.

  12. #72
    Join Date
    Jul 2014
    Posts
    313
    Quote Originally Posted by gngr~snap View Post
    "Joseph Reese, 31, cried as he pleaded guilty to the Receipt of Child Pornography before United States District Court Judge Clay Land in federal court Wednesday morning."
    http://m.wtvm.com/#!/newsDetail/13912016

    This was Georgia and it's Federal.
    Good find. I think, however, he faced federal charges because the victims were spread out across the country.
    Atlanta... Making it easy to be nasty since 1847.

  13. #73
    Join Date
    Apr 2010
    Location
    In my treehouse, empty nesting.
    Posts
    12,854
    Quote Originally Posted by PigPong View Post
    Good find. I think, however, he faced federal charges because the victims were spread out across the country.
    Ahh! That makes sense. I was trying to figure out why Woodstock police are asking Cobb County about anything.
    It had to have occurred in Cherokee County and it had to be contact with a minor. Wouldn't it?
    Adults can sext and hook up. No other reason a police department would care is there? Even then, if it was consensual, in GA it's not illegal unless the Feds want to step in?
    So then I am back to solicitation of a minor on an electronic device.
    Sorry. I am really trying to understand.

    All posts are MOO. Sent via Insignia Flex Tablet.
    ~ my opinion only

  14. #74
    Join Date
    May 2005
    Location
    Anaheim, CA
    Posts
    13,250
    Quote Originally Posted by Lovejac View Post
    This isn't a question about the current charges, but I figured the legal experts might see this question if I posted it here.

    If RH gets charged with additional crimes, like charges stemming from sexting and meeting the underaged female, will he have another court appearance?

    Thank you for any insight.
    Yes. He would have new arraignments and preliminary hearings.

    Quote Originally Posted by gngr~snap View Post
    I have questions too.

    It's my understanding he will have to be taken to Cherokee County to answer to the charges.
    I was wondering isn't it a federal crime? Possessing underage porn
    Possession of child porn is not a federal crime unless it happens on federal lands. However, receiving child porn via the mail or wire (Internet), or sending it via wire or mail, is always a federal crime. It is also a state crime but if the Feds choose to prosecute, they trump state charges, pretty much. In other words, if the charge is the same, either the feds ir the state will prosecute but not both and if the Feds want the case they get it.

    What we often see is fed child porn charges and state child molestation charges prosecuted simultaneously. Different charges.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

  15. #75
    Join Date
    May 2005
    Location
    Anaheim, CA
    Posts
    13,250
    Quote Originally Posted by gngr~snap View Post
    Ahh! That makes sense. I was trying to figure out why Woodstock police are asking Cobb County about anything.
    It had to have occurred in Cherokee County and it had to be contact with a minor. Wouldn't it?
    Adults can sext and hook up. No other reason a police department would care is there? Even then, if it was consensual, in GA it's not illegal unless the Feds want to step in?
    So then I am back to solicitation of a minor on an electronic device.
    Sorry. I am really trying to understand.

    All posts are MOO. Sent via Insignia Flex Tablet.
    If he is soliciting sex with a minor via the phone line, that's a federal crime. But it is also state. A minor must've been involved here.
    For Elizabeth, a minor child, a victim. Thank God she is home!

    *Gitana (means "Gypsy girl"). Pronounced "hee tah nah."

Page 5 of 9 FirstFirst ... 3 4 5 6 7 ... LastLast


Similar Threads

  1. The Charges - Why Not First Degree?
    By Luvrosco in forum Dr. Teresa Sievers
    Replies: 111
    Last Post: 04-15-2016, 10:49 PM
  2. Replies: 37
    Last Post: 04-09-2011, 12:52 PM
  3. Replies: 3
    Last Post: 06-05-2010, 09:50 PM

Tags for this Thread