Trial - Ross Harris #5

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arkansasmimi said:
Thanks Peach! Prior I had not clicked on the Murder Charge (my error no knowing the seperate charges).I guess the *8 charges on ea - confused me why they had spoke of the chgs against minors prior then the indictment March 2016. So he has 16 charges in total. I guessing these were after they did more investigation.

Hope4More told me prior thread that Kilgore had filed Motion iirc Jan 2016 or has objected saying the cellphone was illegally obtained or searched and CCPD admitted? Hope I am not misspeaking here. If so then all these could possible be from that look. JMHO I think that where they got to begin with. If that is so, those charges could very well be overturned if found guilty. Again jmho

https://ctsearch.cobbsuperiorcourtclerk.com/Results

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Kilgore filed a Motion to suppress ALL electronic evidence (12/2015), arguing all of it was fruit of the poisonous tree. Meaning, all electronic evidence was discovered as a result of LE illegally seizing RH's phone at the scene, and second, then searching it without a search warrant.

LE did search his phone before they had a SW, but Staley ruled the fact RH "willingly" gave up his password implied consent. As for whether or not the initial seizure of his phone was legal or not-- Staley's legal reasoning and citations in her 1/2016 denial) on the issue of illegal seizure seemed pretty solid to me, but I'm not an attorney.

The DT has objected each and every time any evidence is introduced that originated from electronics, or could only be known via the electronic searches. Preserving the whole issue for appeal (which doesn't make it an issue they'll win on).

BTW, I would provide a link to the motion and her ruling, but the only place I know the docs to be us on BK's subscription website.
 
[video=twitter;791999126653120512]https://twitter.com/courtchatter/status/791999126653120512[/video]
 
[video=twitter;791998189750538241]https://twitter.com/PhilHollowayEsq/status/791998189750538241[/video]
 
GA_Peach said:
We shall see how it all plays out. Ross giving LE his phone's password will probably be considered implied consent.

It has been admitted by all parties that the phone was searched before the warrant was finalized. The State is going to argue that Ross gave them permission to search his phone... if not he would not have given LE his password.
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RBBM

I'm no attorney, but it seems like common sense that if I give you the keys to my house, I can't then claim you broke in?
 
Maisiebelle said:
When my babies were in car seats I always placed the seat behind me to the left so I could see them with my rear view mirror. It seems like a bit of a carry on to put the seat on the middle of the back seat. It means you have to climb right in to fasten the baby in.


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Agree 100%.
 
Hope4More said:
LOL. Busted. I do indeed enjoy a good argument- it's my favorite intellectual sport, always has been. My DH has told me for 21 years I should have been a lawyer, but one in the family is enough, and I've been fortunate enough to have had other professional opportunities to argue and persuade to my heart's content. :)

It's interesting, your take on the visual of that newscast. I wonder how many others thought it hinky RH was in his phone. Stoddard sure did, lol. I just don't.

I consider his actions as triage, what a person might do if in shock. He had tried CPR, but he knew immediately Cooper had been in the car all day and had to be dead. He AND that good Samaritan laid Cooper on the pavement because it was the closest place to lay him down and tending to Cooper was as urgent as it gets.

RH didn't walk away until the GS had taken over CPR, but he already knew it was hopeless. He saw bystanders on their phones and knew at least one (and up to 4) were calling 911.

What should his priority have been at that point? I think it's entirely understandable that he felt frantic to reach Leanna, his wife, Cooper's mother, because he knew for a fact she would panic, immediately, when she went to pick up Cooper and he wasn't there. Imo,it would have been disturbing if he DIDN'T try to do that.

And, I do think it was LE's fault Leanna found out the way she did. IMO, it was cruel that LE didn't allow RH to try calling her again, or if that was a bridge too far, then they should have called Leanna themselves.
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Like to be a fly on the wall when you and hubby make important decisions. It's likely to be akin to watching a Wimbledon tennis match.

Again, JRH dialed his wife's number but hung up and dialed LAA instead. :phone: So, he had his opportunity to tell her himself and chose to end the call. While cradling Cooper, JRH could have asked to phone for his wife. I don't think JRH wanted LH to see her son dead. She didn't ask to see Cooper anyway.

Frankly, the phone call has mostly an insignificant role except that it, and the cursing at :cop:, led to JRH being placed in back of a patrol car. The PO :cursing:, by using the same language that JRH used, was an unnecessary response yet shows LEOs frustration with JRH not cooperating.

The GS, owner of the landscape lighting co., climbed into the front seat to assist JRH unfasten Cooper's straps and the buckle. JRH took his baby out of the carseat and placed him onto the hot pavement. The GS couldn't help do that part because the frame of the car was in his way at that point. I can't see that event any other way due to their positions inside the vehicle.

Several witnesses testified that JRHs actions were not true CPR attempts. GSs co-worker nudged JRH aside and attempted some puffs when he noticed JRH was too preoccupied to do it for Cooper because the co-worker had lost a child the year before, hence he really wanted Cooper to live. That is when JRH walked away from Cooper. Even the PO conducted about 100 tiny CPR with puffs without stopping, at Piper's urging, until medical personnel arrived because every one at that scene wanted Cooper revived except ....
 
keeponsearching said:
I would always put the my child behind the driver seat. But in JH case he could of probably put Cooper on the passengers side so JH could have more leg room.

Car seats take up so much room. I had an infant carrier and a toddler car seat and there was no room left in my jetta in the back seat.
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I always put my kids and my grands car seat in the middle. I was in an accident hit on drivers side. So it always was in my mind if I had a car seat there they would be safer in the middle. The reason for keeping rear facing is so if hit they don't get the whip of the head forward and then back while still so young iirc.
 
JudyBolton said:
I thought we had proof that the seat was too small? It doen't matter how it looks, his measurements were outside of the parameters of the car seat limits. This is one of the few things we should be able to agree upon as it is a black and white fact.
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I cannot believe that the State has not called a car seat safety expert or an employee of Chicco, the car seat manufacturer.
 
Maisiebelle said:
When my babies were in car seats I always placed the seat behind me to the left so I could see them with my rear view mirror. It seems like a bit of a carry on to put the seat on the middle of the back seat. It means you have to climb right in to fasten the baby in.


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The middle is the safest location because it protects the child from side impact damage.
 
I disagree with using this one and the above views. It is not how was seen from RH view 6/18/14. No way, shape or form
[video=twitter;791994476067627010]https://twitter.com/courtchatter/status/791994476067627010[/video]
 
Is it possible some things were thrown out as evidence without the public's knowledge? I know this happens all the time in Canadian courts. TIA
 
Hi All!! I don't post often but I have been reading and following along since the beginning. We were headed back to Ohio from Florida right after this took place. Through our LONG drive through Georgia I remember listening to various news reports on the radio about this and I remember hearing a Sheriff from some where in Georgia discussing hot car related deaths and it being summer and hot temperatures etc. and discussing the possibility of it happening over the course of the next few months. He stated something along the lines of it being a preventable mistake and that he would have basically zero tolerance and would see that it was prosecuted to the fullest extent. What piqued my interest was that this clip of the sheriff? was prior to anything that took place with Cooper/Ross. I've looked for this clip since then and can't seem to find it because everything comes back with stories about this specific case. I just wonder if this is part of the reason that he was charged so quickly? Maybe to set an example perhaps? Does anyone else remember, or know what I'm talking about? I know that I'm rambling but it's been bugging me for a while. Let me also say that I still haven't made up my mind whether he intentionally planned this, but I do believe he should be held accountable for his negligence either way. It kills me to think of that poor baby being so scared and suffering in that car.


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Quote Originally Posted by JudyBolton View Post
I thought we had proof that the seat was too small? It doen't matter how it looks, his measurements were outside of the parameters of the car seat limits. This is one of the few things we should be able to agree upon as it is a black and white fact
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QUOTE=GA_Peach;12897025]I cannot believe that the State has not called a car seat safety expert or an employee of Chico, the car seat manufacturer.
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I have said all along I think a car seat expert will be called. IF it not what the State want to present they arent going to. I think Def will have someone
 
AuntB said:
RBBM

I'm no attorney, but it seems like common sense that if I give you the keys to my house, I can't then claim you broke in?
Click to expand...

What if I the power to lock you up, had you in a closed room and was interrogating you, and had already handcuffed you and detained you for being "noncompliant" for not turning over the phone? When asked again, essentially, for the phone, am I likely to "voluntarily " hand over my password, or have I been coerced into agreeing?

Imo RH didn't "willingly" turn over his password, but it doesn't matter in the eyes of the law. Fact is, the boy should have said no and invoked right then, but it's easy to say that from the safety of my cozy chair in my own house.
 
arkansasmimi said:
I agree with Rodriguez, they changed the placement of the car seat 10/15/16 and 10/16/16 new scans. The prior ones that were seen by Def were from the incorrect placement of car seat by Grimstead wrong placement on 7/2/14. That was the State whole purpose of doing the new scans.
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Rodriguez and Lumpkin should not have had to REMIND the Judge or cough be reminded by the Def that this was a new scan. State was trying to be slick.
 
Kids are safer in the middle.

Also it's laughable that an almost 2 year old and a 2 day old baby should be in the same seat. He grew out of the seat by height. The car seat manufacturer takes into account he's sitting not standing in the seat for the poster that claimed just because he was 33 inches he was okay for the seat since he wasn't 33 inches sitting.

I believe (in my opinion) having had children in car seats that his head was visible even if it didn't reach the top of the car seat. No matter the angle I have two children and have used various car seats over the years and the only time I couldn't see my children was when they were tiny infants. Could I see their entire head? No, but I saw a person in the seat protruding out. I saw parts of them when I looked in the mirror.

And according to Ross he saw him when he looked back. I find it hard to believe he never once looked back until that very moment.

Whether this equals malice murder or felony murder as far as the law is concerned I don't know. For me I think he did it intentionally so that's murder.




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The jury is brought back in and the trial is back in session.

Evans says he misspoke about whether the defense had seen the SUV scans and wanted to apologize to defense counsel in front of the jury. He acknowledges that they haven't seen the scans in question but says they are nearly identical to the first such scans, which the defense has seen.
 
rob said:
Is 100% iron clad proof required? I thought you just needed beyond a 'reasonable' doubt.
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Personally, before I could vote for a GUILTY verdict on the premeditated murder charges, I'd need pretty solid proof that it was intentional. I would rather go with the lesser charges as he will still do some time, if I had any doubts or reservations that it was premeditated.
 
DeDee said:
Like to be a fly on the wall when you and hubby make important decisions. It's likely to be akin to watching a Wimbledon tennis match.

Again, JRH dialed his wife's number but hung up and dialed LAA instead. :phone: So, he had his opportunity to tell her himself and chose to end the call. While cradling Cooper, JRH could have asked to phone for his wife. I don't think JRH wanted LH to see her son dead. She didn't ask to see Cooper anyway.

Frankly, the phone call has mostly an insignificant role except that it, and the cursing at :cop:, led to JRH being placed in back of a patrol car. The PO :cursing:, by using the same language that JRH used, was an unnecessary response yet shows LEOs frustration with JRH not cooperating.

The GS, owner of the landscape lighting co., climbed into the front seat to assist JRH unfasten Cooper's straps and the buckle. JRH took his baby out of the carseat and placed him onto the hot pavement. The GS couldn't help do that part because the frame of the car was in his way at that point. I can't see that event any other way due to their positions inside the vehicle.

Several witnesses testified that JRHs actions were not true CPR attempts. GSs co-worker nudged JRH aside and attempted some puffs when he noticed JRH was too preoccupied to do it for Cooper because the co-worker had lost a child the year before, hence he really wanted Cooper to live. That is when JRH walked away from Cooper. Even the PO conducted about 100 tiny CPR with puffs without stopping, at Piper's urging, until medical personnel arrived because every one at that scene wanted Cooper revived except ....
Click to expand...

Will reply later......
 
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