CONVICTION OVERTURNED GA - Ross Harris Trial Appeal, hot car death of son, Cooper

[RANCH]

lol...let me rephrase.

I disagree with you that the sex crime evidence should have been separate. I say that because if you take all mention of his obsessive sexting out of his daily life, you wouldn't get the true picture of his actions, when he was supposed to be watching his child.

I'm not saying that all of the sexting evidence should have been excluded from the murder trial. I'm talking about having the same jury decide separate crimes at the same time.

The state probably could have gotten plenty of that evidence in without piling it on and causing this conviction to be overturned. JMO.

 

[katydid23]

TRIAL - Ross Harris #1

What's the current estimate for how long the trial will run?

www.websleuths.com

Wild About Trial ‏@WildAboutTrial 2m2 minutes ago
Witness 12, Peyton Barwick, Paramedic that arrived on scene.

Ross Harris Trial ‏@RossHarrisTrial 22s22 seconds ago
Barwick says there was no one doing CPR on Cooper and Harris was in the back of a police car when he arrived.

Ross Harris Trial ‏@HarrisTrial 48s49 seconds ago
Paramedic states when he arrived on scene Cooper had no pulse and was not breathing


Wild About Trial ‏@WildAboutTrial 1m1 minute ago
Peyton checked for Coopers pulse but there was none. Rigor Mortis had already set in.

Ross Harris Trial ‏@RossHarrisTrial 31s32 seconds ago
Barwick covered Cooper's body: "A 2-year-old boy laying on the ground in the middle of a parking lot. No one needs to see that."

Harris #HotCarDeath Trial: Paramedic who declared Cooper dead said Ross Harris "showed no emotion" when he spoke with him afterwards. @wsbtv pic.twitter.com/0NMzvJQNCu — Ross Cavitt | WSB-TV (@RossCavittWSB) October 12, 2016

11:30 a.m. Barwick says he completed his report immediately after the call because he had a feeling he may need to testify in court about this case.
11:38 a.m. Barwick says when he spoke to Harris in the back of the patrol car Harris asked him if Cooper was dead. He said, "Yes, he is deceased." Barwick says that's when he noted Harris' lack of emotion.


Jen's Trial Diaries ‏@TrialDiariesJ 1m1 minute ago
The fact this call had 2 do w/ a child the Captain had a detective trained in the field of children respond 2 scene.

Jen's Trial Diaries ‏@TrialDiariesJ 1m1 minute ago
The Captain wrote a supplemental to his report a year later when the case was being put together.

Ross Harris Trial ‏@HarrisTrialFOX5 56s57 seconds ago
Ferrel says that there was an odor in the car. Describes it smelling like a child's diaper, and the distinct smell of death, inside the car.

Ross Harris Trial ‏@RossHarrisTrial 38s39 seconds ago
Grimstead says his role was executing a search warrant on Harris' car

Noted heavy odor of urine,sweat and death. Also describing contents of car and the appearance of car. Det could see the car seat from the exterior.

Ross Harris Trial ‏@RossHarrisTrial 55s56 seconds ago
Grimstead goes through the photos he took of Harris' car.

 

[RANCH]

I read earlier today that the prosecutor in this case disagrees with the Georgia Supreme Courts decision in overturning RH's conviction. That's no surprise to anyone.

He mentioned that three of the justices "strongly dissented in the decision". Well, I say that the other six justices felt just as strong in the other direction.

I agree with and respect the majority decision.

Prosecutor in Ross Harris trial says he strongly disagrees with murder conviction being overturned

Ross Harris was convicted of murdering his 22-month-old son Cooper by leaving him in a hot car for hours in Cobb County in 2014.

www.wsbtv.com

 

[katydid23]

It is interesting that the car smelled so strongly. Why did RH not notice the strong door when he got in his car after work? He drove for quite awhile before he finally stopped.

He also went inside his car at lunch to put something in the car.

[ I am going back through the trial notes here, to see what the original evidence was, against him in the trial.]

 

[RANCH]

Here's some testimony from the trial about odor.

There are other responders at the scene, including an investigator.

“You’re aware he just smelled a diaper,” Kilgore said. “A dirty diaper,” Stoddard responded.

Other responders did not report a smell, including police officers and firemen.

Two other people said they also smelled an odor, Stoddard’s boss and another police officer. One crime scene investigator also reported that he smelled urine.

Do you know what “confirmation bias” is, Kilgore asked. No, Stoddard said.

“Everybody has a different sense of smell don’t they? Isn’t is possible that Ross did not smell that?” Kilgore said.

“Of course it’s possible,” Stoddard replied.

Follow minute by minute updates of the Ross Harris trial

This is a running account of the Ross Harris murder trial. Harris is charged with intentionally leaving his toddler son in a hot car to die in June 2014.

www.ajc.com

 

[katydid23]

Jen's Trial Diaries ‏@TrialDiariesJ 2m2 minutes ago
If he grabbed his computer bag when going to work he saw the car seat...it's clear as day in pictures.


#RossHarris - Many in our chat room who were on the fence in this trial are now leaning Guilty after seeing details of inside SUV.

Shumpert's pictures also documented the interior of the SUV and showed the proximity of Cooper's red and black car seat, only inches behind and to the side of the driver's seat.

One image also showed an outside temperature indicator on the dashboard at the time, which showed 95 degrees at the time he made the pictures. Temperatures inside the car were estimated to have reached 120 degrees, according to medical examiner reports.


http://www.dailymail.co.uk/news/art...dad-Ross-Harris-spent-day-working-office.html




[interesting that he took the child with him that morning, instead of taking him to day care---I wonder why? ]
Redmon testified he recognized Harris, estimating he had witnessed him in the restaurant around a dozen times. That morning was the first time he had seen him with Cooper, he said.

http://www.ajc.com/news/breaking-ne...death-ross-harris-suv/k9xzfCdWGUOJt6gaGz5fFL/



Paramedic Peyton Barwick told jurors he saw no emotion from Harris while questioning the dad as he sat in the rear of a patrol car. Barwick needed information about his son for his report and noted that Harris seemed 'very dry and emotionless'. 'He told me he ate breakfast about 8:45 and arrived at work at 9. He rolled up the windows and locked the car,' before walking into his office,' Barwick said. 'Harris asked, "Is he dead?" I said, "Yes sir, he is deceased",' Barwick testified. 'There were no tears.'

___

Cobb Police Capt James Ferrell told jurors he arrived on the scene and crawled close to Cooper as he lay on the ground to examine the body. He noticed a distinct odor, describing it as 'a combination of sweat, a diaper and something that's deceased'. Ferrell said he noticed the same smell inside the SUV, 'a unique odor of death'. 'It was an odor I only associate with death,' he added. He told jurors he noticed the odor from the open driver's door frame as well as from the child's body on the ground. 'Gases that permeate from a dead body,' he told the jury.

 

[katydid23]

Here's some testimony from the trial about odor.

Follow minute by minute updates of the Ross Harris trial

This is a running account of the Ross Harris murder trial. Harris is charged with intentionally leaving his toddler son in a hot car to die in June 2014.

www.ajc.com

Right, but one has to use common sense. A child with a wet and dirty diaper, died in that very hot car, which sat in the sun for 8 hours.

Then RH opened that car door and sat just inches away from that dead body with the dirty, urine soaked diaper. How can we think he didn't smell an odour strong enough to make him look inches to the right?

Hard for me to believe.

 

[RANCH]

Right, but one has to use common sense. A child with a wet and dirty diaper, died in that very hot car, which sat in the sun for 8 hours.

Then RH opened that car door and sat just inches away from that dead body with the dirty, urine soaked diaper. How can we think he didn't smell an odour strong enough to make him look inches to the right?

Hard for me to believe.

My sense of smell isn't the same as when a was a kid but I would think I could smell a dirty diaper in a hot car easily. I'm not sure why some people said they couldn't in this case. JMO.

 

[katydid23]

My sense of smell isn't the same as when a was a kid but I would think I could smell a dirty diaper in a hot car easily. I'm not sure why some people said they couldn't in this case. JMO.

I think it was because the body was removed from the car while people tried to help the child, before realising he was already gone. Then he was covered with a sheet.

Meanwhile the car doors were open and car was airing out. The people who said the didn't smell anything came around afterward, IIRC.

They were called to the scene and the body was already out of the car by then. It was 'some firemen and 1st responders' who did not report a smell. By the time they arrived, the body was out in the open air and the car had been aired out a bit as well.

When RH got in his car, it would have been sitting for 8 hours or so, before he got inside, sitting inches away from the dead child, wearing soiled diapers.

 

[RANCH]

I think it was because the body was removed from the car while people tried to help the child, before realising he was already gone. Then he was covered with a sheet.

Meanwhile the car doors were open and car was airing out. The people who said the didn't smell anything came around afterward, IIRC.

They were called to the scene and the body was already out of the car by then. It was 'some firemen and 1st responders' who did not report a smell.

I would think that a horrible smell like that wouldn't just disappear by opening the car doors. I may be wrong. JMO.

 

[katydid23]

I would think that a horrible smell like that wouldn't just disappear by opening the car doors. I may be wrong. JMO.

It would be diffused because the body was taken out of the car already. JMO

There is a BIG difference between RH first opening that door and climbing into the car, sitting inches away from the dead body, and driving for several miles....

versus a 1st responder arriving on scene AFTER the body was removed from the vehicle And covered with a sheet on the grass.

 

[RANCH]

Here's a link to the entire 155 page Georgia Supreme Court decision, Harris v State.

https://cases.justia.com/georgia/supreme-court/2022-s22a0092.pdf?ts=1655901116

 

[HarmonyE.]

Do you remember if any of RH's texts talked about him wanting to harm Cooper or talk about Cooper in a negative way?

There were no negative texts specifically about Cooper. The most damning was probably "I love my son and all but we both need escapes."

They could certainly introduce this without getting deep into his sexts and extramarital activities. I think at most they indicate he was unhappy in his marriage. Something that wouldn't be solved necessarily by murdering Cooper as Leanna believed the baby's death was an accident and had no intention of leaving him until she found out about the cheating.

 

[HarmonyE.]

The sexting was a compulsion that took over and it got in the way of him supervising his baby.

But this is an argument that Ross left the baby in the car due to extreme negligence, but not due to malice murder, which is what he was convicted of.

 

[neesaki]

People engage in texting and sexting all the time. How is it a motive for murder?

Perhaps in the same way that Susan Smith wanted to start a new life with her lover, and murdered her little boys because they were getting in her way.
RH was having extramarital affairs, in addition to sexting. Similar to SM, he wanted his freedom.

 

[ashhouston]

all I can say about parents leaving kids in cars its not accidental its homicide. I bet none of the so called parents would forget their cell phone in that car.

 

[HarmonyE.]

Perhaps in the same way that Susan Smith wanted to start a new life with her lover, and murdered her little boys because they were getting in her way.
RH was having extramarital affairs, in addition to sexting. Similar to SM, he wanted his freedom.

Susan Smith is a different case. There's no question of her intent; she admitted what she did.

Expressing a desire to be free (or in Harris's case wanting an "escape") does not mean someone murdered their child. Many parents in moments of exhaustion or exasperation have expressed the same feelings. Nor does having multiple extramarital affairs prove murderous intent, and keep in mind that's what he was convicted of. Malice murder.

The court did not overturn Harris's conviction because they believe him to be innocent. It was overturned because the prosecution prejudiced the jury against the defendant by heavily focusing on the above "extremely and unfairly prejudicial" evidence.

A skilled prosecutor easily could have gotten in the texts expressing his desires to "escape" without getting heavily into the sexting. It seems, however they didn't feel they had a strong enough case without making sure the jury knew what a horrible husband he was. And that's where prejudice comes in.

 

[BeckyF]

all I can say about parents leaving kids in cars its not accidental its homicide. I bet none of the so called parents would forget their cell phone in that car.

That is absolutely not true. Are you not aware of the number of cases where this has happened and no charges were filed after a thorough investigation?

You are generalizing.

 

[neesaki]

Susan Smith is a different case. There's no question of her intent; she admitted what she did.

Expressing a desire to be free (or in Harris's case wanting an "escape") does not mean someone murdered their child. Many parents in moments of exhaustion or exasperation have expressed the same feelings. Nor does having multiple extramarital affairs prove murderous intent, and keep in mind that's what he was convicted of. Malice murder.

The court did not overturn Harris's conviction because they believe him to be innocent. It was overturned because the prosecution prejudiced the jury against the defendant by heavily focusing on the above "extremely and unfairly prejudicial" evidence.

A skilled prosecutor easily could have gotten in the texts expressing his desires to "escape" without getting heavily into the sexting. It seems, however they didn't feel they had a strong enough case without making sure the jury knew what a horrible husband he was. And that's where prejudice comes in.

Of course, the Susan Smith case has some differences…. re: some aspects.
But there are also some distinct similarities.
Re this case, the motive is the same. It’s quite clear. A parent wants to be free of being a parent.
Harris wanted to be freed from being a parent. It’s quite obvious to me and most of us who have followed this case.
The evidence of RH sexting, and his affairs…. was to prove motive.

I do, agree that if there were two charges they should have been tried separately. However, that doesn’t free him of the crime of murdering his baby. And the evidence of motive was rightfully allowed in. IMO

 

[neesaki]

That is absolutely not true. Are you not aware of the number of cases where this has happened and no charges were filed after a thorough investigation?

You are generalizing.

You’re saying because no charges were filed this indicates that it’s acceptable, or the norm, for parents to “forget” their children, Leaving them to die in a hot car ? This is very, very concerning to me because it now seems to be becoming normalized. If that’s the case this is a vey dark road we’re going down. JMO