Judge Grants Change of Venue for Ross Harris

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Valdosta and you are almost in Florida, Columbus almost in Alabama, Augusta almost in S Carolina. These seem possible to me. Perry is so close to Macon. She nixed Macon so not sure what that means to Perry.
Goodness, we have air conditioning here. Not sure what facility doesn't but God bless them!


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GA_Peach said:
I am sorry that I wasn't more clear in my original statement. I was attempting to say that a new county will not be a good reflection of Cobb County. While I am sure that they can find a new location, it won't be representative of the place where Cooper's death occurred.

I also wonder how the change of venue will affect the prosecution's motion for field trips. If jurors are able to see the locations of JRH's movements on the day of Cooper's death, I think that JRH will be found guilty. JMO
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Interesting all around but what does the defense get out if it? The judge helps his/her record by minimizing reversible error, Cobb County/State of Georgia gets a bigger bill. I don't see what difference a different location will make in the preventable or purposeful death of a child.
 
GA_Peach said:
Athens is in the Atlanta media market so they won't go there. The DT requested a COV to outside the Atlanta media market. Since Macon appears to be out of contention, they will likely be in very southern GA or on the far east border/ coast.
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After living in Georgia for ten years, Ol' Sparky works just as well no matter what county you get convicted in. A doctor friend of mind worked at that prison south of Atlanta for years. JMO.
 
Lily17 said:
Valdosta and you are almost in Florida, Columbus almost in Alabama, Augusta almost in S Carolina. These seem possible to me. Perry is so close to Macon. She nixed Macon so not sure what that means to Perry.
Goodness, we have air conditioning here. Not sure what facility doesn't but God bless them!


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She doesn't like the DT, and she most certainly doesn't like the defendant. She essentially called him a "pervert" from the bench, unapologetically.

Maybe she wants to take the trial to a county she thinks most hostile to the defense, and she's thinking rural for partially that reason. The DT and State have to agree on a location first before she gets a say, though she can override their choice if she wants.
 
wendybtn said:
Interesting all around but what does the defense get out if it? The judge helps his/her record by minimizing reversible error, Cobb County/State of Georgia gets a bigger bill. I don't see what difference a different location will make in the preventable or purposeful death of a child.
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A fair trial and a fair verdict, hopefully, whatever the outcome.
 
wendybtn said:
Interesting all around but what does the defense get out if it? The judge helps his/her record by minimizing reversible error, Cobb County/State of Georgia gets a bigger bill. I don't see what difference a different location will make in the preventable or purposeful death of a child.
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What does the defense get out of what? I am not sure that I understand your question. In Cobb County, there wasn't a single juror sympathetic to JRH. At the very least, the defense loses a jury pool that was likely to convict. I am not sure that JRH will be any more likable elsewhere in Georgia. I will be very curious to see what percentage of jurors are qualified in the new location.

I do wonder how a jury pool comprised of rural versus urban citizens affects the way the case is viewed (from the standpoint of a juror).
 
With the trial delayed until Fall, the verdict will be here when it's not warm outside. The defense may be desperate for anything that could help their client.


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Haven't read the rest of this thread - but this was the right decision.
 
I'm watching some of the hearing replay - and this prosecutor who's arguing the motion kind of bugs me. What do y'all think?
 
minor4th said:
I'm watching some of the hearing replay - and this prosecutor who's arguing the motion kind of bugs me. What do y'all think?
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Hi Minor!

He didn't bug me, but he did alienate me. He came across as snide and arrogant, and IMO he attacked opposing counsel personally as much as he did the legal arguments supporting the DT's motion for COV.
 
Hope4More said:
Hi Minor!

He didn't bug me, but he did alienate me. He came across as snide and arrogant, and IMO he attacked opposing counsel personally as much as he did the legal arguments supporting the DT's motion for COV.
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Yeah, that's exactly what I'm talking about. And Howdy :seeya:
 
MzOpinion8d said:
He's very unlikable, and people are likely to be resentful of a trial like this being imposed upon their county.
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IKR? How many potential jurors in GA will not be repulsed by RH's sexting and sexting while at work? Further, that he sent pics of his private parts (possibly to underage females) while his son was struggling to breathe in an enclosed hot car while strapped tightly in a carseat too small for his body?

Cobb County residents already detest this defendant. Now, his actions will place a steeper burden upon CC taxpayers as one journalist suggested as much as $100,000; however, I feel we can double, and maybe triple, that figure once hotel accommodations for all involved including each juror and each alternate, the defense counsels, the prosecutors, the security for RH, the judge and admins plus their meals and the cost of travel back and forth to Cobb County each weekend and possible field trips. Oh, dear. It is no wonder the judge was audibly sighing so loudly after making the unpleasant decision.

There may be five reasonable people in the state of GA that think he might could have accidentally forgotten his son. I seriously doubt, after seeing the photos and hearing the evidence, any selected juror will vote not guilty.

The best thing that RH could possibly do at this point in order to attempt to regain some amount of honor is to immediately make a plea deal.
 
eileenhawkeye said:
I really wonder why the judge keeps bringing up the most backwoods places in Georgia. Why not move the trial to Augusta, Columbus, Macon, or Savannah?


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If it gets moved to Savannah I'm going to quit my job just to go watch lol. One of my favorite places...and a trial I'm hugely interested in. Too good to pass up! Who needs to pay bills anyhow?
 
He is to be tried by a jury made up of peers. Now the trial is moved to the country....different jobs for country people, different pace of life, just different then city people. Will the defense then say, the jury was not made up of his peers....equal to what his job was, his living in a big city, and anything they can throw in? IMO, he and his team now think he will walk....trial will be moved, a totally different country jury, is fine if he is found innocent, but if found guilty, then we will hear how unfair the jury is, not made up of his peers.
IMO...guilty.
 
MsJosie said:
He is to be tried by a jury made up of peers. Now the trial is moved to the country....different jobs for country people, different pace of life, just different then city people. Will the defense then say, the jury was not made up of his peers....equal to what his job was, his living in a big city, and anything they can throw in? IMO, he and his team now think he will walk....trial will be moved, a totally different country jury, is fine if he is found innocent, but if found guilty, then we will hear how unfair the jury is, not made up of his peers.
IMO...guilty.
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The phrase "jury of his peers" does not actually appear anywhere in the constitution. An "impartial jury" is required.

The 6th Amendment in full:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Case law has determined that jurors cannot be excluded from the jury, or from the jury pool, based on their race, gender, or other such traits. But there is no law, and no case law, anywhere that says that an accused has a right to a jury comprising people with a similar lifestyle to that of the accused.
 
I really don't care that they move the trial, other than the extra expense to the state. As long as JRH sits his butt in jail and thinks about what he has done. NO BOND FOR HIM
I also think that a jury in a smaller city/county will be harder than the Atlanta jury and that most people in the state have heard of the case/trial and it won't matter where they hold it. Bring it on to SC, I'd love to be a part of it. (But then I think of having to look at the photos of Cooper, and maybe I'm just talking big.)
All MOO only
 
Reposting, edited to retain only what's relevant at this point.



GEORGIA CRIMINAL CODE, CHANGE OF VENUE O.C.G.A. 17-7-150 (2010) 17-7-150. Procedures for change of venue; transfer of case; appeal from denial of change of venue



(a) (1) If, from the evidence submitted, the judge is satisfied that an impartial jury cannot be obtained to try the case, the judge shall grant a change in venue;

the judge shall transfer the case to any county that may be agreed upon by the prosecuting attorney and the defendant or the defense counsel, to be tried in the county agreed upon.

The judge has the discretion to reject any county agreed upon;

if a county is not thus agreed upon, or if the judge, in the exercise of discretion, rejects a county agreed upon, the judge shall select such county as in the judge's judgment will afford a fair and impartial jury to try the case and have it transferred accordingly.



(2) In the exercise of such discretion, the judge shall consult with the chief superior court judge of the circuit in which a county of transfer lies and consider the following factors:

(A) The existing criminal and civil trial calendars of the transfer county;

(B) The frequency of use as a transfer county;

(C) The estimated length of trial;

(D) The proposed date of trial;

(E) Whether or not the jury is to be sequestered;

(F) Which county shall be responsible for court security, prisoner security, bailiffs, jailers, and clerks of court personnel;

(G) Jury transportation;

(H) Securing hotel accommodations in the event of jury sequestration;

(I) Securing of meals for jurors and other court personnel;

(J) Which county will guarantee and pay vendors for services rendered;

(K) The necessity for deposit or prepayment of expenses by the county of the crime venue; and

(L) All other matters which reasonably may affect the orderly administration of justice in the transfer county. In the event of disagreement between the trial judge and the chief judge of the transfer circuit, the district administrative judge for the proposed transfer of venue shall have final responsibility for resolving the dispute.



(3) Either by the agreement of the defense counsel, the prosecuting attorney, and the judge or by the exercise of discretion by the judge the trial jury may be selected from qualified jurors of the transfer county, although the trial of the criminal case may take place in the county of the venue of the alleged crime. (Bussing in jurors, Staley rejected this option).
 
magnolia said:
No air conditioning ????? :waitasec: I'm pretty certain there's not a court-room in Georgia that doesn't have AC.
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zoey said:
Is it bad to hope air conditioner in jail breaks and he gets overcome by that Georgia heat...:(
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Lily17 said:
Valdosta and you are almost in Florida, Columbus almost in Alabama, Augusta almost in S Carolina. These seem possible to me. Perry is so close to Macon. She nixed Macon so not sure what that means to Perry.
Goodness, we have air conditioning here. Not sure what facility doesn't but God bless them!


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Regarding the AC issue, when I watched the live stream yesterday, the Judge specifically stated there is at least one courthouse in GA that she was aware of that did not have air conditioning.

Has anyone been able to find a link to yesterday's hearing (prior to her final ruling on the Change of Venue/COV)?




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