Do you think Leanna Harris will be arrested?

[tlcya]

it cannot be called fleeing if you are charged with no crime and have not been told to remain in the area. Fleeing to evade justice, no. Fleeing to avoid press, yeppers.

 

[gitana1]

It's hard to decide & read before LH has been charged, that she was involved but I've read online that she planned it with JRH & even here too in speculation or gut. Guess some of you know already? I don't point at her yet & have read quite a bit on both.

There needs to be a lot more evidence for someone to be charged or convicted. Again, the hearing for JHR wasn't by far detailed enough when you consider the charges. The charge is a very strong charge. 30 years, lwop, death. oy vey jmo

Intent needs to be proven to me, but heck GA law doesn't need it, I guess. gah...

There has to be much more for even a charge? For most of us, the evidence at the prelim was overwhelming. Please review the law and the elements that need to be proved and let us know if you still feel the same. I posted them in the other poll thread. You know, we can't just determine, as jurors, that we don't like a law and decide we require evidence that goes beyond what the law requires.

Ross has not been charged with first degree, premeditated murder. He has been charged with felony child neglect and since that neglect resulted in death, with felony murder. They could've just stopped with simple child neglect but clearly felt that, as a result of tthe timing and Ross' knowledge and awareness of hot car deaths involvIng kids, and his own, stated worry about his son dying in such a manner, that simple child neglect was not enough. He showed a reckless disregard for Cooper's safety. Due to the timing and his own awareness and stated fears, "forgetting" Cooper was due to recklessness, at the least.

Georgia is not the only state with felony murder laws. Those laws allow someone who commits a felony that results in death, to be charged with and convicted of the equivalent of first degree murder.

I watched the prelim. Using my attorney hat, which I hope enables me to have a full understanding of evidence and the elements to a charge, there is a huge amount of evidence that would allow me to find Ross guilty of felony murder, as long proper foundation is laid for the evidence. Not necessarily first degree, premeditated murder- I would want to see the evidence fleshed out more for that- but definitely felony murder.

Leanna is a different story. Her behavior and comments are odd and make me believe she knew and/or planned something. But there isn't close to enough with what we know, for a charge even. Any charge. And unless there is much more, or Ross rolls over, I don't think she will be charged with even a misdemeanor, in connection with Cooper's death.

 

[gngr~snap]

There has to be much more for even a charge? For most of us, the evidence at the prelim was overwhelming. Please review the law and the elements that need to be proved and let us know if you still feel the same. I posted them in the other poll thread. You know, we can't just determine, as jurors, that we don't like a law and decide we require evidence that goes beyond what the law requires.

Ross has not been charged with first degree, premeditated murder. He has been charged with felony child neglect and since that neglect resulted in death, with felony murder. They could've just stopped with simple child neglect but clearly felt that, as a result of tthe timing and Ross' knowledge and awareness of hot car deaths involvIng kids, and his own, stated worry about his son dying in such a manner, that simple child neglect was not enough. He showed a reckless disregard for Cooper's safety. Due to the timing and his own awareness and stated fears, "forgetting" Cooper was reckless, at least.

Georgia is not the only state with felony murder laws. Those laws allow someone who commits a felony that results in death, to be charged with and convicted of the equivalent of first degree murder.

I watched the prelim. Using my attorney hat, which I hope enables me to have a full understanding of evidence and the elements to a charge, with proper foundation laid, there is a huge amount of evidence that would allow me to find Ross quilty of felony murder. Not necessarily first degree, premeditated murder- I would want to see the evidence fleshed out more for that- but definitely felony murder.

Leanna is a different story. Her behavior and comments are odd and make me believe she knew and/or planned something. But there isn't close to enough with what we know, for a charge even. Any charge. And unless there is much more, or Ross rolls over, I don't think she will be charged with even a misdemeanor, in connection with Cooper's death.

I have a stupid question.
Re: someone dying during the commision of a felony.

So lets just pretend I am some sicko, and I am sending and receiving pictures of genitals with someone who is under 18. Cell phone records show I carried on from 2:00 pm until 2:38 pm.
That is considered a felony correct?
So if my dad was there on the property with me and I was responsible for his care. If he walked outside, fell of the deck and died... My neighbor saw it happen at 2:22pm. and calls 911. I dont realize anything happened until the ambulance pulls in the driveway 2:49pm.

Could I be charged with murder?
Technically I was commiting a felony at the time my dad fell and died and I didn't even notice or call for help.

I know it's out there. I was trying not to use a child.

 

[gitana1]

I have a stupid question.
Re: someone dying during the commision of a felony.

So lets just pretend I am some sicko, and I am sending and receiving pictures of genitals with someone who is under 18. Cell phone records show I carried on from 2:00 pm until 2:38 pm.
That is considered a felony correct?
So if my dad was there on the property with me and I was responsible for his care. If he walked outside, fell of the deck and died... My neighbor saw it happen at 2:22pm. and calls 911. I dont realize anything happened until the ambulance pulls in the driveway 2:49pm.

Could I be charged with murder?
Technically I was commiting a felony at the time my dad fell and died and I didn't even notice or call for help.

I know it's out there. I was trying not to use a child.

It's not a stupid question. Essentially, no. It has to be a death that occurred as a direct result of the felony and the felony has to be an especially serious one that is inherently dangerous to human life.

In your example, the felony did not occur toward the elderly person. If, however, you had committed actual elder abuse and the elderly person died unintentionally, like you left them in the cold on purpose or refused to get them help for bedsores, or beat them, then you could be eligible for felony murder depending on the state.

Usually, felony murder applies to robberies and other activities that include one or more perp. One kills the victim. The other perp just wanted to rob them. Well, guess what? Since the perp who didn't intend to kill knowingly participated in a very dangerous crime, he or she can go to prison for murder as well.

The thought behind it is that some things are so dangerous, so egregious, like beating a child or being involved in an armed robbery, that if death results, there should be harsh penalties available.

In this case, the fact that Ross admittedly knew all about hot car deaths, had researched them, was afraid of something like that happening, yet had strapped his child into a car seat 30 seconds before "forgetting" him, and leaving him to bake to death, shows that his actions in neglecting Cooper were completely reckless, if not worse. Felony murder would also work if he knowingly left his child in a hot car (didn't care), without the need for proving that he wanted to hurt Cooper.

It is a genius charge, IMO. It allows the prosecution to prove a case for murder justifying life in prison, without giving an out to jurors who would absolutely need a smoking gun to find premeditation.

 

[gngr~snap]

It's not a stupid question. Essentially, no. It has to be a death that occurred as a direct result of the felony and the felony has to be an especially serious one that is inherently dangerous to human life.

In your example, the felony did not occur toward the elderly person. If, however, you had committed actual elder abuse and the elderly person died unintentionally, like you left them in the cold on purpose or refused to get them help for bedsores, or beat them, then you could be eligible for felony murder depending on the state.

Usually, felony murder applies to robberies and other activities that include one or more perp. One kills the victim. The other perp just wanted to rob them. Well, guess what? Since the perp who didn't intend to kill knowingly participated in a very dangerous crime, he or she can go to prison for murder as well.

The thought behind it is that some things are so dangerous, so egregious, like beating a child or being involved in an armed robbery, that if death results, there should be harsh penalties available.

In this case, the fact that Ross admittedly knew all about hot car deaths, had researched them, was afraid of something like that happening, yet had strapped his child into a car seat 30 seconds before "forgetting" him, and leaving him to bake to death, shows that his actions in neglecting Cooper were completely reckless, if not worse. Felony murder would also work if he knowingly left his child in a hot car (didn't care), without the need for proving that he wanted to hurt Cooper.

It is a genius charge, IMO. It allows the prosecution to prove a case for murder justifying life in prison, without giving an out to jurors who would absolutely need a smoking gun to find premeditation.

Thank you! Other than CYA document, document, document and check your order 3 times outside of the clincal setting, I know very little about the law.
Really. I thought jail and prison was the thing until 2009. I thought the words were interchangeable like coke and soda. Oooo did I get told....

I wasn't even allowed to go on the jail rotation in nursing school.
Cobb County Adult Detention Center wouldn't let me in, . I was under 100# and they have rules there. lol

I have a lot to learn.

 

[EvilSoup]

It's not a stupid question. Essentially, no. It has to be a death that occurred as a direct result of the felony and the felony has to be an especially serious one that is inherently dangerous to human life.

In your example, the felony did not occur toward the elderly person. If, however, you had committed actual elder abuse and the elderly person died unintentionally, like you left them in the cold on purpose or refused to get them help for bedsores, or beat them, then you could be eligible for felony murder depending on the state.

Usually, felony murder applies to robberies and other activities that include one or more perp. One kills the victim. The other perp just wanted to rob them. Well, guess what? Since the perp who didn't intend to kill knowingly participated in a very dangerous crime, he or she can go to prison for murder as well.

The thought behind it is that some things are so dangerous, so egregious, like beating a child or being involved in an armed robbery, that if death results, there should be harsh penalties available.

In this case, the fact that Ross admittedly knew all about hot car deaths, had researched them, was afraid of something like that happening, yet had strapped his child into a car seat 30 seconds before "forgetting" him, and leaving him to bake to death, shows that his actions in neglecting Cooper were completely reckless, if not worse. Felony murder would also work if he knowingly left his child in a hot car (didn't care), without the need for proving that he wanted to hurt Cooper.

It is a genius charge, IMO. It allows the prosecution to prove a case for murder justifying life in prison, without giving an out to jurors who would absolutely need a smoking gun to find premeditation.

Wow! Some excellent questions and answers! Thank you!

 

[RANCH]

It is a genius charge, IMO. It allows the prosecution to prove a case for murder justifying life in prison, without giving an out to jurors who would absolutely need a smoking gun to find premeditation.

SBM

I agree that it works well for the State of Georgia to use a felony murder charge against JRH. The only problem I have with it is that the death penalty can be applied in this case without the state having to show that it was a premeditated act.

That's not right in my opinion.

 

[gitana1]

Thank you! Other than CYA document, document, document and check your order 3 times outside of the clincal setting, I know very little about the law.
Really. I thought jail and prison was the thing until 2009. I thought the words were interchangeable like coke and soda. Oooo did I get told....

I wasn't even allowed to go on the jail rotation in nursing school.
Cobb County Adult Detention Center wouldn't let me in, . I was under 100# and they have rules there. lol

I have a lot to learn.

Well I know nothing about medicine so there ya' have it!!

And oh my goodness, I had no idea you were actually from the county where this horrible death took place. Wow. This must seem worse to you - so close to home.

SBM

I agree that it works well for the State of Georgia to use a felony murder charge against JRH. The only problem I have with it is that the death penalty can be applied in this case without the state having to show that it was a premeditated act.

That's not right in my opinion.

Well, don't worry. It is highly unlikely they will go for the death penalty if the charge remains felony murder. That is, I do not believe the prosecution will seek it.

The death penalty for felony murders is very,very rare. It appears there have only been 10 executions of felony murderers and all but two occurred between 85" and 96'. In every single case of executions of felony murderers, the murderers were accomplices in violent crimes and it appears that most of them knew about or agreed with the plan to murder and/or attempted to murder the victim themselves, but failed (i.e. shot at the victim but missed, while their accomplice succeeded), or the underlying crime was especially horrific (like torturing a family for hours).

I am 99.999999% positive that without an upgrade to 1st degree murder, there will be no death penalty sentence here.

 

[gngr~snap]

Well I know nothing about medicine so there ya' have it!!

And oh my goodness, I had no idea you were actually from the county where this horrible death took place. Wow. This must seem worse to you - so close to home.

The in-laws live less than a mile from their address. I lived about 4 miles from there growing up. It was my stomping ground in the 80's.
Cumberland Mall and the Galleria were where everything happened and Akers Mill theater was where we went to the midnight movies every summer.
He sorta violated "our turf".
Everyone that still lives here is heartbroken about litter Cooper.