Trial - Ross Harris #8

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turaj said:
Listening to more...the kid (he is so young) is just eating up what Boring is telling him about sleep, texting etc. getting wide eyed...the defense must be literally under the table right now...probably texting Diamond to hide in his room...he won't be needed today!!
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I think your take away is the exact opposite of what was going on.

Learning that Ross got very little sleep 4 nights in a row gives the expert more basis to believe Ross was sleep deprived and even more vulnerable to the kind of memory lapse he has studied.
 
GA_Peach said:
I don't think that he was discredited. I think that his explanations favored the State rather than the DT. He was not a good witness for the DT.
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How do you think his explanations favored the State? I did not get that at all.


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GA_Peach said:
I don't think that he was discredited. I think that his explanations favored the State rather than the DT. He was not a good witness for the DT.
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discredit is wrong word very sorry...I am not a legal expert...he was not a convincing witness for the defense and tended to buy everything the state asked him to agree with...I doubt anyone could have watched him and thought he helped the defense but maybe some think that. I felt Kilgore looked pretty unhappy as did his client.
 
TexMex said:
Well at one point he asked to have a question repeated because his "mind was wandering"
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I even notice that at times as Boring was telling him various facts about what RH had done Brewer was looking on in amazement...like oh really...wow....that changes things....he was very interested in learning more from Boring. Boring literally owned that witness.
 
TexMex said:
Well at one point he asked to have a question repeated because his "mind was wandering"
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Maybe he was simply illustrating how quickly one's mind can transition from alert to autopilot? ;)
 
Hope4More said:
Minor---


That consequence of refusing to sever hadn't occurred to me. But surely it must have to Judge Staley? There isn't a more fundamental right than RH's constitutional right to defend himself.

Being a nerd, now I'm wondering...are there any instructions Staley could have given/could give to the State, for the record, to forestall her ruling being considered reversible error on appeal?

Such as- a ruling in which she acknowledges RH's right to testify in his own defense, acknowledges that the charges not being severed could potentially prejudice those rights, but provides remedy with an explicit instruction to the State that they are barred from asking RH any questions on cross relating to those charges?

Even then I would think prejudice would still attach. Jurors know the charges, have heard testimony about them --including direct testimony by the involved minors--and are responsible for delivering a verdict on the charges. It would be reasonable for jurors to wonder, if RH did testify, why neither side or Ross even brought the subject up.

Whatever criticisms I have of Staley (and they are fairly legion,lol) , I can't imagine she would leave herself wide open to be reversed, especially on such a high profile trial.
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There is really no such thing as "wide open to be reversed." Some judges are very careful about it and err on the side of giving the defendant a wide berth of constitutional protections.

Other judges, like Staley, wear their biases out in the open (hang 'em high, law & order) without apology or shame. Probably because that is acceptable and even preferable to the people of Georgia, and also because the Ga appeals courts have not curbed this kind of bias among judges.

I can't think of a curative instruction she could give that would solve this. And even though I think it might be reversible error, that doesn't mean the appellate court will.
 
It seems like the efficacy of the memory witness depends totally on the opinion of the person watching. It's split almost exactly along lines. Those who believe the defendant is culpable view the witness as useless to the defense. Those who feel the defendant is innocent believe the witness was good for the defense.
I think it shows that if the jury are leaning in one direction they're going to interpret what they see a certain way and there's not much either side can do at this point.

There are such polar opposite opinions about this case. I have a feeling the jury is going to be quite similar.
 
I liked the take your shoe off and put it with the kid, that's a better idea than the contraptions I was thinking of making like a string tied to the car seat then to your wrist. The shoe is a much better idea, but then again if you are the forgetful type you might forget to use the shoe idea...
 
turaj said:
the defense team looks extremely beat down as Dr. Brewer exits...they cannot face Diamond today and make some excuse that he is not there...not buying that at all...they need more time after watching Boring absolutely discredit their first "memory" guy. Diamond will be on tomorrow morning and then rebuttal for state...probably their own memory person? Not sure....closing could be monday unless RH testifies which we know he will not. Jury could have this Tues. so we will have an election watch and verdict watch.
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Hopefully they don't keep dr D up too late so he remembers his testimony
 
gitana1 said:
I think Dr. Diamond is a crucial, and wonderful witness for the defense. But I would've thought his testimony would last at least two days with direct, cross and rebuttal. What's up with that? Maybe his testimony is going to be very limited as to the generalities of FBS? I can't think of another witness who has 50 slides. But what would his slides show? What about FBS is out on slides?
So confusing. I'm in trial tomorrow so I won't get to check in until much later. And Diamond's is the only testimony I'm really interested in watching.
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I'm assuming brain sections and cortexes etc...maybe sections that light up when they have pasta strainer things on their heads..when they remember/forget things
 
gitana1 said:
It seems like the efficacy of the memory witness depends totally on the opinion of the person watching. It's split almost exactly along lines. Those who believe the defendant is culpable view the witness as useless to the defense. Those who feel the defendant is innocent believe the witness was good for the defense.
I think it shows that if the jury are leaning in one direction they're going to interpret what they see a certain way and there's not much either side can do at this point.

There are such polar opposite opinions about this case. I have a feeling the jury is going to be quite similar.
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The testimony this morning was convincing IMO. If I were a juror, I would seriously reconsider my vote on a few charges. Listening to the evidence about triggers allowed me put all of these loose ends into one package.
 
turaj said:
discredit is wrong word very sorry...I am not a legal expert...he was not a convincing witness for the defense and tended to buy everything the state asked him to agree with...I doubt anyone could have watched him and thought he helped the defense but maybe some think that. I felt Kilgore looked pretty unhappy as did his client.
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I knew what you meant. The witness was not discredited, but the DT's theory about Ross forgetting Cooper was largely "discredited." The witness's anger and frustration at the end showed his bias. When he realized the implications of his answers, he fired off that there was no way Ross could do anything that would make him become knowingly fatigued, leading to an increased likelihood of forgetting Cooper in the car.
 
dizzychick said:
I liked the take your shoe off and put it with the kid, that's a better idea than the contraptions I was thinking of making like a string tied to the car seat then to your wrist. The shoe is a much better idea, but then again if you are the forgetful type you might forget to use the shoe idea...
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A mirror so you can see them when sleeping and talking to them when awake....kinda bullet proof and idk good parenting 101
 
minor4th said:
There is really no such thing as "wide open to be reversed." Some judges are very careful about it and err on the side of giving the defendant a wide berth of constitutional protections.

Other judges, like Staley, wear their biases out in the open (hang 'em high, law & order) without apology or shame. Probably because that is acceptable and even preferable to the people of Georgia, and also because the Ga appeals courts have not curbed this kind of bias among judges.

I can't think of a curative instruction she could give that would solve this. And even though I think it might be reversible error, that doesn't mean the appellate court will.
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I hear you.

I've assumed the GA legislature would not have passed legislation giving the State discretion to treat as felony murder what most other states charge as aggravated manslaughter (if after investigating, they decide to press charges at all) if legislators believed resultant cases wouldn't sail on through all stages of GA's judicial process.

It's depressing and frightening, though, to witness this exercise of raw power, and imo, predictable abuse of discretion at every stage in the case of RH.

Maybe Ross is guilty of malice murder, maybe not. It's obviously easy for many to despise him, not just for the death of Cooper and for sexting minors, but for everything about him, from his hair and weight and clothes on through his marital infidelities and presumed "lazy" work habits.

But what of the next parent, "faultless" in their personal life, who accidentally leaves their child to die in a hot car and who also fails to do or to say what LE expects, or to demonstrate grief in a way that satisfies?
 
dizzychick said:
I liked the take your shoe off and put it with the kid, that's a better idea than the contraptions I was thinking of making like a string tied to the car seat then to your wrist. The shoe is a much better idea, but then again if you are the forgetful type you might forget to use the shoe idea...
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Its so sad really. Every day I put my damn heat shield up in my front car window. Whether it's next to me in the passneger seat or behind me when I park. Because I don't want my car to be so hot when I get in it and I don't want my dashboard to fade and crack. But people can't figure out something to not forget their precious baby? Geez! Just make it a damn habit to look in the back seat before you lock the car. Habit. Whether in a hurry or not. That's your routine. If it's routine to lock the car it can be routine to check the back. Heck, despite not having babies or toddlers, I check the back before I leave for fear a stray animal jumped in when I was getting in.
 
GA_Peach said:
The testimony this morning was convincing IMO. If I were a juror, I would seriously reconsider my vote on a few charges. Listening to the evidence about triggers allowed me put all of these loose ends into one package.
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So did you change your mind? How did it cause you to change your vote?
 
gitana1 said:
It seems like the efficacy of the memory witness depends totally on the opinion of the person watching. It's split almost exactly along lines. Those who believe the defendant is culpable view the witness as useless to the defense. Those who feel the defendant is innocent believe the witness was good for the defense.
I think it shows that if the jury are leaning in one direction they're going to interpret what they see a certain way and there's not much either side can do at this point.

There are such polar opposite opinions about this case. I have a feeling the jury is going to be quite similar.
Click to expand...

dizzychick said:
I liked the take your shoe off and put it with the kid, that's a better idea than the contraptions I was thinking of making like a string tied to the car seat then to your wrist. The shoe is a much better idea, but then again if you are the forgetful type you might forget to use the shoe idea...
Click to expand...

^^^ Either way the jury decides..It's quite obvious that Ross should never ever be allowed to be responsible or in charge of any child for the rest of his life! He's a self absorbed idiot who cares nothing about anything except to dodge responsibility when it suits him..and when called out on it..decides to let all "Important" things slide so he can feed his addiction/obsession!!
He may have some skills in the IT department..but ERO skills on most everything else! Being a party animal or life of the party..a Big talker..doesn't make him a moral/responsible adult worthy of being responsible for a child ever again!

jdj125 said:
I'm assuming brain sections and cortexes etc...maybe sections that light up when they have pasta strainer things on their heads..when they remember/forget things
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This is when I asked out of my past experiences with behavioural abnormalities..DID Def. even do a Pet Scan..that would outline just such a thing! Did Pros. demand a real personality assessment to be done ( ala Jodie Arias trial evidence)?? I really do think Ross has a few screws loose up there..and is unable to abide the main norms of society!

But, in the end..Ross will end up doing time ( hopefully these juror's are NOT like Casey Anthony's) and before returning to society be tested to make sure about his ability to act in accordance to social norms! Plus..pleeze, hope he gets his tubes ( Vasectomy) snipped so he never ever reproduces!!
 
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