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  1. #1
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  2. #2
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    Originally Posted by yupikgirl View Post http://www.websleuths.com/forums/sho...5#post12904915
    They love to throw around the word impeachment here LOL
    Sent from my iPhone using Tapatalk
    Bringing over from Thread6
    JMHO from watching trial, listening and relistening to Pretrial hearings and taking notes...
    http://www.websleuths.com/forums/sho...6#post12905076
    Impeachment is the art of attacking a testifying witness’s credibility or truthfulness at trial. One of the most common forms of impeachment during cross-examination at trial is with a prior inconsistent statement, such as deposition or affidavit testimony. The objective of impeachment is to establish that the witness is not a trustworthy witness, hence the reason it is referred to as attacking the witness’s credibility! A prior inconsistent statement made by a testifying witness is a great way to attack that witness’s credibility at trial. See Elmer v. State, 114 So.3d 198, 202 (Fla. 5th DCA 2012). http://provemyfloridacase.com/impeac...ent-statement/

  3. #3
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    Katie -

    That article is not entirely accurate. To prove 2nd degree child cruelty, the state must prove that Ross caused excessive pain to a child with criminal negligence.

    Criminal negligence is the culpable mental state for child cruelty. Criminal negligence is more than simple negligence. It is purposely ignoring a known risk to human life. Accidents and mistakes are not criminally negligent acts.

    If the jury finds Ross guilty of 2nd degree child cruelty, it may or may not serve as the underlying felony for a felony murder conviction. The law is not entirely settled on that issue.


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  4. #4
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    Ok once more, i haven't posted for a while but have read, i was wondering what transpired that some feel that he didn't kill Cooper intentionally? I also wonder how he was able to say he didn't smell or see Cooper when he stopped at the car at lunch. The odor had to be there. TIA
    It's my opinion if no link provided.


    Misspellings due to fat fingers

    Words matter.

    You don't know what you don't know.

  5. #5
    Quote Originally Posted by Jinkasaurus View Post
    This is very much how I have been thinking about RH as well. From what I've heard in the trial, he comes across to me as an extremely extroverted person who has developed a sexual addiction. I would be genuinely curious to know if he has ever been diagnosed with ADHD. So many of the details I have heard about him fall in line with someone with ADHD who is not receiving any treatment. The immaturity, the way that Leanna had to be the responsible one in the marriage, the inability to maintain focus over time at work - it all matches.

    I would have liked to hear more about RH childhood, and more about his daily functioning. We've only heard snippets. The snippets we have heard have more of an ADHD/sex addiction flavor to me than psychopath/narcissist PD flavor.

    Lest anyone think I am making "excuses" for what happened to Cooper- no. I am just trying to look at RH from a psychological perspective and hypothesize. I do believe he was negligent/neglectful and that resulted in Cooper's death.
    BBM. Respectfully, this sounds like another version of the "big dumb clod" defense. This narrative has been an ongoing thing for a while, despite all evidence to the contrary. JRH is a reasonably intelligent, articulate college graduate who makes 60k a year, lives in a nice apartment that well kept, drives a late model car, had a wife that never gave up on a him and a beautiful son, was in the process of starting a business, buying a house, booking luxury cruise vacations, and generally led a life a lot of people in a first world nation would be jealous of. The bigger picture of JRH's life does not have a history of ADHD induced chaos, just a tendency towards morbid selfishness and passive aggressive traits.

    Throughout this trial I have gotten many impressions of JRH's mental state, but today's testimony has convinced me that JRH doesn't suffer from anything more than an early mid life crises. IMO his behavior at his work gives insight as to how he dealt with other areas of his life. His tendency to "forget" his work when he is not satisfied at his job speaks to him "forgetting" Cooper with not being satisfied with married life. IMO it shows a consistent pattern of behavior. There is a downward spiral in his life because he is increasingly unhappy with his life. His own text messages show regret for being married with children. He repeatedly says he would be divorced if it weren't for Cooper, and he's also married to a woman who won't initiate a divorce because of Cooper as well. JRH shows a strong preference for teenage girls which threatens the image and reputation he had already built for himself. JRH had nothing to lose and everything to gain by Cooper dying by "accident." I don't see JRH as an immature person, I see him as someone who spent his entire adult life without children and could not truly adjust to being a parent. I think I see the same with LH, and it may explain some of her behavior as well.
    Dearly beloved. We are gathered here today. To get through this thing called "life"



    RIP Prince, his Purple Majesty

    --------------------------------------------------------------------------------------------------------

    All posts are MOO (my opinion only) based on AFAIK (as far as I know).

  6. #6
    Does this jury have to reach an unanimous verdict on any or all core charges (CC, felony murder, malice murder)?
    RIP, Cassini. To her tireless overseers- job well done.

  7. #7
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    Today, 05:36 PM#990 popsicle http://www.websleuths.com/forums/sho...4#post12904924
    Quote Originally Posted by yupikgirl View Post
    They love to throw around the word impeachment here LOL
    Sent from my iPhone using Tapatalk
    And so many Perry Mason moments.
    A Perry Mason moment...
    In court proceedings in the United States, a Perry Mason moment is said to have occurred whenever information is unexpectedly (to most present), and often dramatically, introduced into the record that changes the perception of the proceedings greatly and often influences the outcome. Often it takes the form of a witness's answer to a question, but it can sometimes come in the form of new evidence. It takes its name from Perry Mason, the popular mid-20th century television series where such dramatic reversals occurred, often in the form of witnesses confessing to crimes others were accused of in response to the sudden exposure of an inconsistency in their alibi. Such moments were frequent in the radio series and the original novels by Erle Stanley Gardner.

    Because of modern discovery requirements, Perry Mason moments are rare in actual American court proceedings. Both sides are largely aware of what the other plans to introduce as evidence, and judges usually stay or continue proceedings when a party informs the court it has uncovered new evidence, in order that the opposing party be sufficiently prepared. Lawyers, too, prefer not to ask witnesses questions when they do not have a good idea what the response will be. Perry Mason moments that do occur, such as those on live television during the first Menendez brothers trial and the O.J. Simpson trial, are often the result of careful planning by the lawyers involved. Gambles by lawyers have also resulted in Perry Mason moments, sometimes not for their side, and some have occurred completely spontaneously. https://en.wikipedia.org/wiki/Perry_Mason_moment

    Would consider this a Perry Mason moment, sure cause the State to rush around and redo their scans because Witness Grimstead did not use all the correct measurements. If he had , would have know then car seat had been manipulated from its original position 6/18/14. Testimony was impeached by his own notes and reports JMHO start at 58:00 mark. Grimstead and Inv Lupo from DA office.

  8. #8
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    Quote Originally Posted by minor4th View Post
    Katie -

    That article is not entirely accurate. To prove 2nd degree child cruelty, the state must prove that Ross caused excessive pain to a child with criminal negligence.

    Criminal negligence is the culpable mental state for child cruelty. Criminal negligence is more than simple negligence. It is purposely ignoring a known risk to human life. Accidents and mistakes are not criminally negligent acts.

    If the jury finds Ross guilty of 2nd degree child cruelty, it may or may not serve as the underlying felony for a felony murder conviction. The law is not entirely settled on that issue.


    Sent from my iPad using Tapatalk Pro
    So I guess they will have to battle it out when they get to the jury instructions.
    ďEvery day that they donít find something is good for me.ď Billie Dunn

  9. #9
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    Quote Originally Posted by Hope4More View Post
    Does this jury have to reach an unanimous verdict on any or all core charges (CC, felony murder, malice murder)?
    Atlanta Attorney Phil Holloway said yes to that question, iirc

  10. #10
    Quote Originally Posted by arkansasmimi View Post
    Atlanta Attorney Phil Holloway said yes to that question, iirc
    Then the DT needs only one juror who believes it was an accident and/or LE acted in bad faith/was blinded by bias; that Ross's sexual transgressions have nothing to do with what happened to Cooper, and who's also willing to face the likely wrath of his/her community by hanging this jury.
    Last edited by Hope4More; 11-01-2016 at 08:56 PM.
    RIP, Cassini. To her tireless overseers- job well done.


  11. #11
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    Quote Originally Posted by Elley Mae View Post
    Ok once more, i haven't posted for a while but have read, i was wondering what transpired that some feel that he didn't kill Cooper intentionally? I also wonder how he was able to say he didn't smell or see Cooper when he stopped at the car at lunch. The odor had to be there. TIA
    For one, people did CPR on Cooper. If he had been dead long enough to decompose they would not have tried CPR. Also the worst smell from decomposition is from body fat and Cooper didn't have any body fat. From everything I have heard so far is that he smelled of urine and sweat. Also Cooper had not have and stool so that smell wasn't there either. As far as Ross smelling urine diaper smell, he had a toddler and was probably so accustumed to that smell he didn't really notice. Also it would smell more as Cooper was moved and less as he was just sitting there IMO.

    The crime scene tech stated "I would describe the smell as you know hot, musty, urine soaked diaper," Shumpert said. "You know, if you leave a diaper in a car all day long in the heat. Itís a noticeable smell to me."

    http://www.11alive.com/news/local/ro...hown/329242185

  12. #12
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    Ross was mad when Leanna suggested a family cruise vs a lovers cruise.

    So I think he felt that Cooper was stopping him and making his life sexless. Idk

    Now it seems like Ross had plans on getting fired; Which would get him unemployment benefits and access to his work savings plus he would have the days to himself while Leanna was working more to help support them both.

    So imo. Ross was trying to set up a lifestyle that Cooper would have interrupted in his mind.

    Btw. All of this is just me with a theoretical, speculated opinion of a possibility.
    You can fool some of the people some of the time; But guess what? The Bus Stops Here (Life No Parole/ Don't Pass Go: Don't Collect Your $200)

  13. #13
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    Cooper Harris Autopsy was performed June 19, 2014. Dr Frist testified as a State Witness on 10/18/2016. Cooper Harris Unsigned 9/29/2016 Filed Copy of Death Certificate has Manner of Death as UNDETERMINED. And has not been amended as of trial testimony date.

    11:38 a.m. Frist says he doesn't believe you would have had a smell of decomposition, but that you would have "the stale odor" of someone who's been breathing, sweating and urinating for a period of time.
    -----
    11:29 a.m. Frist says "what bothers me about that noon figure" is that at the temperature it was at the time, the low 90s, Cooper would have likely been alive. "He would have been uncomfortable," but alive.
    -----
    11:20 a.m. Frist says it's likely that Cooper was still alive when Harris returned to his car at lunchhttp://www.wsbtv.com/news/ross-harri...rial/458336426

    YET
    On 7/3/2014 Probable Cause Hearing, Det Stoddard tells the Magistrate when asked... Stoddard testified that the ME said preliminary report believes before noon.
    at approx 1:01:00 mark on the PC Hearing video. c

    HLN
    @HLNTV
    Det.: Child was likely dead before noon. Defense begins cross-examination of Stoddard http://t.co/yHAWsP9eS0 #HotCarDeath

  14. #14
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    Count 2 - Felony Murder - Felony is count 4

    Count 3 - Felony Murder - Felony is count 5

    Count 4 - Cruelty to Children in the First Degree - "..maliciously caused Cooper Harris cruel and excessive physical pain"

    Count 5 - Cruelty to Children in the Second Degree - "..with criminal negligence caused Cooper Harris cruel and excessive physical pain"

    Corpus Christi, Texas

  15. #15
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    PC Hearing 7/3/2014 http://cnnuslive.cnn.com/Event/Justi...hearing?Page=1
    Defense attorney Maddox Kilgore asks the chief magistrate to dismiss the warrant. "they don't have and haven't presented to this court the evidence ..."
    by joe.sterling July 3, 2014 at 3:19 PM

    The assistant district attorney says the "evidence is overwhelming" against Harris and cites a court case to buttress his position.
    by joe.sterling July 3, 2014 at 3:20 PM
    Victor Blackwell CNN

    One interesting tidbit earlier in Madden's testimony: Justin Ross Harris performed CPR on his child, Madden testified at Harris' probable cause hearing. Previously, Cobb County police Detective Phil Stoddard testified that a witness had performed CPR, and that Harris went to the other side of the vehicle and made a phone call.
    by joe.sterling July 3, 2014 at 2:39 PM


    @VictorCNN Stoddard: admits warrant does not suggest intent but says evidence now shows intent. #HotCarDeath
    Jul. 3, 2014 at 1:37 PM


    Justin Ross Harris visited a Reddit subreddit page called "child free" and read four articles there, Detective Phil Stoddard testified at Harris' probable cause hearing. He also did an Internet search on how to survive in prison, Stoddard said.
    by joe.sterling July 3, 2014 at 1:28 PM

    Evidence suggests Justin Ross Harris has a "second life" with alternate personalities and personas, which would make him a flight risk because it would make him harder to keep track of, Detective Phil Stoddard testified at Harris' probable cause hearing.
    by joe.sterling July 3, 2014 at 1:34 PM

    Justin Ross Harris had computer conversations with women on or before the day his son died -- exchanges that included Harris sending explicit photos of himself, Detective Phil Stoddard testified at Harris' probable cause hearing. His wife also told police the couple were having "intimacy problems," Stoddard said. A prosecutor tells the judge this information goes to motive.
    by joe.sterling July 3, 2014 at 1:19 PM


    Victor Blackwell CNN
    @VictorCNN
    Stoddard: Harris says the couple was having financial troubles and dad had been passed over for a promotion and a new job. #HotCarDeath
    Jul. 3, 2014
    by ashley.fantz July 3, 2014 at 1:19 PM

    Victor Blackwell CNN @VictorCNN
    Stoddard: Parents had two life insurance policies on Cooper: $2k policy thru Home Depot, second $25k policy. #HotCarDeath
    Jul. 3, 2014 at 1:19 PM

    Justin Ross Harris and his wife indicated through messages to each other that they had financial problems, Detective Phil Stoddard testified at Harris' probable cause hearing. The wife complained about purchases he made, Stoddard testified.
    by joe.sterling July 3, 2014 at 1:22 PM

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