Cooper Harris - Sidebar Thread

[GA_Peach]

I just caught the tail end of the live feed. We are in recess until noon local time. The Judge has passed this back to Counsel for them to "work it out" and if they can't then she will rule. She has stated she will not allow for jurors to be bussed in from out of the area. She mentioned that if the change of venue were to occur, there were many issues to consider (accommodations for the jury such as security, air conditioning, lodging, etc.), and at the end of the hearing, Vinnie Politan went on the air and commented. It sounded like the change of venue would put the case out in rural GA.

So, that's where we are right now. :waiting: for an hour 15 minutes. Please chime in if I missed anything!


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One problem is that rural Georgia is nothing like Atlanta. I think finding a comparable venue will be a real challenge, and I wonder if the lawyers are currently discussing potential options.

 

[GA_Peach]

It looks like the county would have to agree to the trial being moved there. Rural counties have less cases so more likely to accept, I think.

My brother's FIL was a longtime judge in rural Georgia, and he said that a case like this would be horrible in his court. They don't have the ability to tie up a county's entire court system for weeks at a time.

 

[JerseyGirl]

okay - I went to this page

https://twitter.com/WildAboutTrial/with_replies

but when I scroll down to April 29th - he just talks about other trials... am I looking at the wrong page (again!) Did he not talk about each of the juror when they were questioned?

I'm not good at this... I do see his tweets for today's hearing, but as I said nothing in detail about the jurors from April 26 to 29th.... :gaah:

View attachment 93570

Sorry for feeling so dense on this...

April 26 jurors:

Philip A. Holloway ‏@PhilHollowayEsq 21h21 hours ago Marietta, GA
Juror 61 in #JustinRossHarris #hotcardeath says police may exaggerate testimony-defense theme continues to emerge

Christian Boone ‏@ReporterJCB 18h18 hours ago
Juror 64: "A child died in a car. That's no an opinion." #RossHarris #hotcardeath

Bill Rankin ‏@ajccourts 1h1 hour ago
Juror #65 in #RossHarris trial knows nothing about case - was living in Alaska at time of incident. He's a student in Army reserves.

JRH Trial- Juror 66 is engaged, no children. She said, “It’s hard for me to imagine this wasn’t purposely done.” @cbs46 #hotcardeath— Vince sims (@SimsCBS46) April 26, 2016
Prosecutor Chuck Boring questioning Juror 66. She has formed an opinion. @cbs46 #hotcardeath pic.twitter.com/2WE84gTtfi— Vince sims (@SimsCBS46) April 26, 2016

Philip A. Holloway ‎@PhilHollowayEsq
Juror 71 in #JustinRossHarris #hotcardeath case says she has NO opinion as to guilt, NOT biased - what a contrast to earlier folks!?!
4:33 PM - 26 Apr 2016 · Marietta, GA, United States


April 27 jurors:

JRH trial begins with Juror 72 who is grandmother married to a police officer. She says she has no bias or prejudice. @cbs46 #hotcardeath— Vince sims (@SimsCBS46) April 27, 2016
“Honestly, I don’t know how an adult can leave a child in a car,” she said. She said she believes Harris is guilty and said her opinions are so fixed she can’t put them aside and be fair and impartial.


April 28 jurors:


Juror 77 finished quick. Says she thinks guilty, but only from news. Doesn't know facts. #CBS46JRH #hotcardeath
— Vince sims (@SimsCBS46) April 28, 2016

Juror 78- merchandise planner, married, no kids. No bias. Husband works at Home Depot corporate office. @cbs46 #CBS46JHR #hotcardeath
Juror 78 says she is willing to sit on any jury because “I think everyone deserves a fair trial.” #CBS46JRH #hotcardeath @cbs46— Vince sims (@SimsCBS46) April 28, 2016

Juror 79: The defense is also likely to want Juror 79, a technical engineer who said he would be as skeptical about police testimony as he would anyone else’s. The juror, an African-American living in East Cobb County, said he has been a victim of racial profiling but said he could “probably” be fair to both sides.

Juror 81 could see #JustinRossHarris accidentally leaving son if he didn't normally drive him-"a mom is normally the primary" driver of kids


April 29 jurors:

#83 is a grandmother that has relatives that are lawyers. @cbs46
— Vince sims (@SimsCBS46) April 29, 2016

Next juror questioned has health concerns and takes heart medications. @cbs46 #CBS46JRH
Juror 84 being excused for medical hardship. Both sides agree his health is an issue. @cbs46

Juror 86 is a pastor. His questioning begins now. He has no opinions, bias, or prejudice. @cbs46

 

[Hope4More]

GEORGIA CRIMINAL CODE, CHANGE OF VENUE (Staley's comment about transfer to a rural county IMO might a warning to the DT to be careful what you ask for}.


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) The defendant, in any criminal case in which a trial by jury is provided, may move in writing for a change of venue, whenever, in the defendant's or defense counsel's judgment, an impartial jury cannot be obtained in the county where the crime is alleged to have been committed. Upon the hearing of the motion it shall not be necessary to examine all persons in the county liable to serve on juries, but the judge shall hear evidence by affidavit or oral testimony in support of or against the motion. 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. In the exercise of discretion, to select the jury in the transfer county but to try the case in the county of venue of the alleged crime, the judge shall consult with the chief superior court judge of the circuit in which the county of transfer lies and consider all of the factors provided in subparagraphs (A) through (L) of paragraph (2) of this subsection as well as the following factors:

(A) The hardship of sequestration a distance from home on the jurors;

(B) The comparison of court space available;

(C) The comparison of security, jail, clerical, and support staff;

(D) The costs to conduct the trial in each place;

(E) The impact of trial on the orderly administration of justice in each county;

(F) The impact on witnesses;

(G) The availability of hotel accommodations and meals for jurors in each county;

(H) The effect on the prosecuting attorney and defense counsel in each county; and

(I) All other matters which would afford a fair trial and the orderly administration of justice.

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.

(b) The judge of the court in whose jurisdiction a crime is alleged to have been committed may change the venue for trial of the case on his own motion whenever, in his judgment, there is danger of violence being committed on the defendant, if carried back to, or allowed to remain in the county where the crime is alleged to have been committed. If a motion is made by the defendant for a change of venue, the judge shall hear the motion at such time and place as the judge may direct. If the evidence submitted shall reasonably show that there is probability or danger of violence, it shall be mandatory on the judge to change the venue to such other county as, in his judgment, will reasonably avoid violence.

(c) Notwithstanding other laws, the denial of a motion to change venue shall be appealable immediately only with a certificate of immediate review. Otherwise, the denial shall be appealed with the merits of the case.

 

[simba16]

I just caught the tail end of the live feed....
and at the end of the hearing, Vinnie Politan went on the air and commented. It sounded like the change of venue would put the case out in rural GA.

What is the live feed? Vinnie P. is commentator? Last I heard he was with an Atlanta station.
I think if moved to rural county that would mean more conservative jurors. I suppose that means a lengthy delay if moved.

 

[Hope4More]

April 26 jurors:

Philip A. Holloway ‏@PhilHollowayEsq 21h21 hours ago Marietta, GA
Juror 61 in #JustinRossHarris #hotcardeath says police may exaggerate testimony-defense theme continues to emerge

Christian Boone ‏@ReporterJCB 18h18 hours ago
Juror 64: "A child died in a car. That's no an opinion." #RossHarris #hotcardeath

Bill Rankin ‏@ajccourts 1h1 hour ago
Juror #65 in #RossHarris trial knows nothing about case - was living in Alaska at time of incident. He's a student in Army reserves.

JRH Trial- Juror 66 is engaged, no children. She said, “It’s hard for me to imagine this wasn’t purposely done.” @cbs46 #hotcardeath— Vince sims (@SimsCBS46) April 26, 2016
Prosecutor Chuck Boring questioning Juror 66. She has formed an opinion. @cbs46 #hotcardeath pic.twitter.com/2WE84gTtfi— Vince sims (@SimsCBS46) April 26, 2016

Philip A. Holloway ‎@PhilHollowayEsq
Juror 71 in #JustinRossHarris #hotcardeath case says she has NO opinion as to guilt, NOT biased - what a contrast to earlier folks!?!
4:33 PM - 26 Apr 2016 · Marietta, GA, United States


April 27 jurors:

JRH trial begins with Juror 72 who is grandmother married to a police officer. She says she has no bias or prejudice. @cbs46 #hotcardeath— Vince sims (@SimsCBS46) April 27, 2016
“Honestly, I don’t know how an adult can leave a child in a car,” she said. She said she believes Harris is guilty and said her opinions are so fixed she can’t put them aside and be fair and impartial.


April 28 jurors:


Juror 77 finished quick. Says she thinks guilty, but only from news. Doesn't know facts. #CBS46JRH #hotcardeath
— Vince sims (@SimsCBS46) April 28, 2016

Juror 78- merchandise planner, married, no kids. No bias. Husband works at Home Depot corporate office. @cbs46 #CBS46JHR #hotcardeath
Juror 78 says she is willing to sit on any jury because “I think everyone deserves a fair trial.” #CBS46JRH #hotcardeath @cbs46— Vince sims (@SimsCBS46) April 28, 2016

Juror 79: The defense is also likely to want Juror 79, a technical engineer who said he would be as skeptical about police testimony as he would anyone else’s. The juror, an African-American living in East Cobb County, said he has been a victim of racial profiling but said he could “probably” be fair to both sides.

Juror 81 could see #JustinRossHarris accidentally leaving son if he didn't normally drive him-"a mom is normally the primary" driver of kids


April 29 jurors:

#83 is a grandmother that has relatives that are lawyers. @cbs46
— Vince sims (@SimsCBS46) April 29, 2016

Next juror questioned has health concerns and takes heart medications. @cbs46 #CBS46JRH
Juror 84 being excused for medical hardship. Both sides agree his health is an issue. @cbs46

Juror 86 is a pastor. His questioning begins now. He has no opinions, bias, or prejudice. @cbs46

No motions (uncontested):61 , 64, 67, 70, 71, 78, 79, 81.

 

[kimi_SFC]

What is the live feed? Vinnie P. is commentator? Last I heard he was with an Atlanta station.
I think if moved to rural county that would mean more conservative jurors. I suppose that means a lengthy delay if moved.

I believe you're referring to my post (not sure though :blushing: )
ETA: the quote feature isn't working properly, so my apologies Simba. I clicked "quote" using Tapatalk, but your name disappeared.
)

Here is the link (apologies for not linking it on my OP)

WXIA Breaking News | 11alive.com
http://www.11alive.com/mb/news/wxia-breaking-news/94484108



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[MsJosie]

It looks like the county would have to agree to the trial being moved there. Rural counties have less cases so more likely to accept, I think.

Would the accepting county have to 'foot' ANY, I mean ANY, of the expense??? That would be hard for them to pay for this type of a trial. The lawyers sure have some thinking and questions to answer!

 

[Hope4More]

Would the accepting county have to 'foot' ANY, I mean ANY, of the expense??? That would be hard for them to pay for this type of a trial. The lawyers sure have some thinking and questions to answer!

The GA code on COV, if I read it correctly, states the originating county is responsible for trial expenses. I think it's more a matter that the court resources of whatever county get tied up (which is why length of trial is considered pre-transfer).

 

[GA_Peach]

Here is a map of the Atlanta media market:

Link to image: http://www.dishuser.org/TVMarkets/Maps/georgia.gif

 

[GA_Peach]

Will Fox 5 be live streaming around 4? I am extremely eager.

 

[simba16]

Thanks Kimi_SFC for this info, and all your other posts which I've read in past months, especially in child abuse threads.

 

[MsArk]

Live now..... Doesn't seem to be leaning toward a change of venue IMO

ETA- Judge S shouldn't worry about accommodations for the press, MOO.

 

[JerseyGirl]

UPDATE: May 2, 2016, 1:42 p.m.: The Judge placed the onus on the defense and prosecutors to reconsider a motion to move the trial of Justin Ross Harris.

Judge Mary Staley said the attorneys will have the afternoon to decide on whether they want the motion to move forward and, if they aren't able to reach a decision, she would decide.

http://www.wtvm.com/story/31864136/day-16-hearing-held-to-move-justin-ross-harris-trial

Staley also addressed the potential of bussing in jurors from another county to try the case, specifically on keeping those jurors away from their lives for the several weeks the trial is expected to take. "If we did that, we would work through the weekends," she said. "That is a non-starter."

 

[zoey]

UPDATE: May 2, 2016, 1:42 p.m.: The Judge placed the onus on the defense and prosecutors to reconsider a motion to move the trial of Justin Ross Harris.

Judge Mary Staley said the attorneys will have the afternoon to decide on whether they want the motion to move forward and, if they aren't able to reach a decision, she would decide.

http://www.wtvm.com/story/31864136/day-16-hearing-held-to-move-justin-ross-harris-trial

Staley also addressed the potential of bussing in jurors from another county to try the case, specifically on keeping those jurors away from their lives for the several weeks the trial is expected to take. "If we did that, we would work through the weekends," she said. "That is a non-starter."

Doubt weekends would include Sunday---lots of things close down in Georgia for church.

 

[Hope4More]

Staley is giving the DT and State time primarily for them to figure out if they can agree upon a jury acceptable to both, by reviewing the list and agreeing on strikes for cause. I think her mention of rural county transfer was directed at the DT, to give him incentive to work hard with the State on making the current list work, rather than persisting with his motion to change venue.


Not sure what incentive the State has to compromise with the DT right now. The State has a pro-State judge who has ruled in their favor on virtually everything of importance. The DT doesn't have a whole lot of incentive either, IMO. Staley is likely to rule against them on COV. Even if she grants it, a rural county isn't likely to give them a more sympathetic jury, publicity or no, and the DT will have lost a good issue for appeals.

I'm betting the attorneys will say they did their best but couldn't come to an agreement.....

 

[sassyblue]

She granted the change of venue. Starting all over....

 

[eileenhawkeye]

Cathy ‏@courtchatter 2m2 minutes ago
#RossHarris - No one saw this coming. #hotcardeath TRIAL DELAYED. Defense motion for change of venue granted.

I'm shocked!

 

[Nali87]

She granted the change of venue. Starting all over....

What a waste of everyone's time.

 

[eileenhawkeye]

Jury selection should not take as long in the new location IMO.