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

[ChatteringBirds]

I think that these "hot car" deaths are confusing, some people are never even charged. Others, get a conviction. The lack of consistency is disturbing to me.

The baby is dead. It seems like there should be something...

Often it's a true honest accident. But sometimes it's neglect (the child was left in the car while the parent was busy breaking the law, etc.). There is a big difference, IMO.

 

[DaisyKenny]

I’m definitely not a supporter of RH. I find him to be a despicable, disgusting waste of human flesh.

I do think his “distractions” with the sexting might have been viable evidence in court had they charged him with negligent homicide. RH was more concerned with his own junk than he was with caring for his son. He “forgot” him and left him to die in a hot car.

The problem became intent - “the presumption of malice may arise from reckless disregard for human life.” So they went for malice murder.

I believe the maximum sentence for a conviction on involuntary manslaughter would have been ten years. He was convicted of criminal attempt to commit sexual exploitation of children and dissemination of harmful material to minors. He was sentenced to 12 years in prison on those counts. His sentence officially began on Dec. 06, 2016.

If he had also been convicted of involuntary manslaughter, and his sentences had run consecutively, he might have been locked up in prison until 2038. And that would be fine with me.

He belongs there.

jmo

Ross Harris will not be retried after murder conviction overturned in son’s hot car death

Cooper died on June 18, 2014 after his father left him in his car seat for approximately seven hours.

www.wsbtv.com

IMO they aren't going to retry him because the cheating evidence has been ruled inadmissible by the GSC, even though they would have allowed it if his wife had been killed by 'accident' somehow.

The majority opinion stated:
Appellant’s successful engagement in many long-running online relationships suggested that he was not actually hampered by Cooper’s existence such that he needed to divorce Leanna, much less murder Cooper, to fulfill his desires.

The court had agreed there was enough evidence to convict him but they appear to have compared RH to a typical cheating husband rather than a sex addict.

I don't think RH felt unhampered, I think he was miserable and wanted to be single again, not a divorced father.

Watch minute by minute updates in the Ross Harris trial

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

www.ajc.com

Harris tells one he is addicted to sex. He tells another he "hates being married sometimes, too." He tells another he misses being single. He tells another that "my wife should divorce me." He tells another "sometimes I want to be unmarried." He tells another, on May 19, 2014, "Wish I was single." That was a month before Cooper's death. He tells another, on May 23, "I settled down. Kinda regret it." He tells another on May 28, "I'm a bit miserable, too . . . No sex (in my relationship). You?" He tells another, on March 14, "I'm tired of living with my wife sometimes, lol." He tells another in January 2014, "I miss being single. ... I just want to (expletive) a lot of girls, drink a lot and have fun." He tells another in February, "You don't need a baby. It's not easy, and expensive. . . . I love my son, but that joker drains my paycheck." He tells another, in February 2014, "I have sex with strangers to block out a lot of my pain. ... I like it with strangers." He tells another "I have a sex addiction I've acted on. I kind of regret that."

 

[neesaki]

RH dropped off some lightbulbs around noon-ish; iirc ?
How did he not notice Cooper then ?
He also parked a distance away from the other cars.
Imo.

It’s all clear as day that he did it intentionally, to me. Plenty of circumstantial evidence, and he had motive.

 

[Erutan]

IMO they aren't going to retry him because the cheating evidence has been ruled inadmissible by the GSC, even though they would have allowed it if his wife had been killed by 'accident' somehow.

The majority opinion stated:
Appellant’s successful engagement in many long-running online relationships suggested that he was not actually hampered by Cooper’s existence such that he needed to divorce Leanna, much less murder Cooper, to fulfill his desires.

The court had agreed there was enough evidence to convict him but they appear to have compared RH to a typical cheating husband rather than a sex addict.

I don't think RH felt unhampered, I think he was miserable and wanted to be single again, not a divorced father.

Watch minute by minute updates in the Ross Harris trial

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

www.ajc.com

Harris tells one he is addicted to sex. He tells another he "hates being married sometimes, too." He tells another he misses being single. He tells another that "my wife should divorce me." He tells another "sometimes I want to be unmarried." He tells another, on May 19, 2014, "Wish I was single." That was a month before Cooper's death. He tells another, on May 23, "I settled down. Kinda regret it." He tells another on May 28, "I'm a bit miserable, too . . . No sex (in my relationship). You?" He tells another, on March 14, "I'm tired of living with my wife sometimes, lol." He tells another in January 2014, "I miss being single. ... I just want to (expletive) a lot of girls, drink a lot and have fun." He tells another in February, "You don't need a baby. It's not easy, and expensive. . . . I love my son, but that joker drains my paycheck." He tells another, in February 2014, "I have sex with strangers to block out a lot of my pain. ... I like it with strangers." He tells another "I have a sex addiction I've acted on. I kind of regret that."

Bbm.
Sure sounds like he wanted his son gone forever.
What a way to describe what should have been his most precious asset.
Imo.

 

[DaisyKenny]

Bbm.
Sure sounds like he wanted his son gone forever.
What a way to describe what should have been his most precious asset.
Imo.

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

Majority opinion:
However, as discussed above, the evidence suggesting that Appellant viewed Cooper as an obstacle to his ability to fulfill his desire to end his marriage was minimal, and without this evidence, it was not a reasonable inference that a man would believe that he had to kill his child (rather than, for example, his wife) to escape his marriage. Even the four messages (amidst hundreds) which indicated that Appellant stayed married because of Cooper did not indicate that Appellant thought his son needed to die to allow an escape from the marriage.

Except he could have easily divorced Leanna but he had to kill Cooper in his sick mind because he couldn't lose face with his church and family by being considered a deadbeat dad if he gave up his parental rights. IMO

He thought with the hot car 'accident', he would be considered a sympathetic figure and even advocate for the cause, as he twice stated his desire to do so within hours of his son's death. JMO

 

[neesaki]

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

Majority opinion:
However, as discussed above, the evidence suggesting that Appellant viewed Cooper as an obstacle to his ability to fulfill his desire to end his marriage was minimal, and without this evidence, it was not a reasonable inference that a man would believe that he had to kill his child (rather than, for example, his wife) to escape his marriage. Even the four messages (amidst hundreds) which indicated that Appellant stayed married because of Cooper did not indicate that Appellant thought his son needed to die to allow an escape from the marriage.

Except he could have easily divorced Leanna but he had to kill Cooper in his sick mind because he couldn't lose face with his church and family by being considered a deadbeat dad if he gave up his parental rights. IMO

He thought with the hot car 'accident', he would be considered a sympathetic figure and even advocate for the cause, as he twice stated his desire to do so within hours of his son's death. JMO

And paying monthly child support would have been A big chunk out of his income. He needed all of it to impress his sex objects. Jmo

 

[DaisyKenny]

And paying monthly child support would have been A big chunk out of his income. He needed all of it to impress his sex objects. Jmo

Yes, and he accessed a divorce checklist at work a month before the 'accident' which was probably similar to this one:

The Essential Divorce Checklist: 10 Steps to Prepare for Your Divorce

The divorce process can be stressful and confusing, so use this checklist to stay organized and ensure that you don’t overlook something important.

www.divorcenet.com

He and Leanna with their combined income were already paycheck to paycheck IIRC, so he knew (IMO) that having separate households and the extra expenses involved, along with higher tax rates, would have made it even more difficult for him to achieve his stated goal of having sex with as many people as possible. JMO

 

[MsMarple]

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

Majority opinion:
However, as discussed above, the evidence suggesting that Appellant viewed Cooper as an obstacle to his ability to fulfill his desire to end his marriage was minimal, and without this evidence, it was not a reasonable inference that a man would believe that he had to kill his child (rather than, for example, his wife) to escape his marriage. Even the four messages (amidst hundreds) which indicated that Appellant stayed married because of Cooper did not indicate that Appellant thought his son needed to die to allow an escape from the marriage.

Except he could have easily divorced Leanna but he had to kill Cooper in his sick mind because he couldn't lose face with his church and family by being considered a deadbeat dad if he gave up his parental rights. IMO

He thought with the hot car 'accident', he would be considered a sympathetic figure and even advocate for the cause, as he twice stated his desire to do so within hours of his son's death. JMO

…it was not a reasonable inference that a man would believe that he had to kill his child (rather than, for example, his wife) to escape his marriage.

Tell that to Gannon’s parents. Killing Leanna would have put Ross squarely in the suspect chair. As for divorce- the reasonable solution- maybe Ross didn’t want to be saddled with 17 years of child support and half of college tuition. Money was a big deal to him. JMO

According to his wife he had a problem with *advertiser censored* and she was aware of his sexting women. They went to counseling. At the same time they were planning a cruise with Ross’ brother’s family and were even house hunting for something bigger in a better school district.

When she learned that Cooper wasn’t in day care she told the staff that Ross must have left him in the car! Maybe she sensed something on an unconscious level.

Premeditation can occur in an instant and IMO it’s within the realm of possibility that Ross made a horrific decision that day. It’s a shame the new prosecutor decided not to pursue criminal charges against Ross.

Ex-wife says Justin Ross Harris cared for child

BRUNSWICK, Ga. — The ex-wife of a man charged with murder after their toddler son died in a hot SUV shed tears for her boy on the witness stand Monday while testifying that her former husband would n…

www.tuscaloosanews.com

“The only thing that made sense to me, based on what I knew that day, was Ross must have left him in the car,” Taylor said. “It was the only thing that clicked in my mind as even a remote possibility. If he was never checked in, he must have been forgotten.”

 

[caribou_birdie]

I just came here to say how angry I was to read this today. This case has haunted me since day one. I think about Cooper all the time. I am heartbroken. I have so much more to say, but I just have to remember vengeance is the Lord's.

 

[imstilla.grandma]

For the former lead prosecutor on the case, the decision is a "disservice."

That attorney, Chuck Boring, issued a statement to media outlets Friday outlining his disagreement with the decision. Reached for comment, the Cobb DA's Office said it would not be responding to the statement.

In the release announcing the decision, the DA's Office said "we disagree with the outcome of the majority opinion" in the Supreme Court decision that reversed the murder conviction, but "we are bound by the majority's decision."

"For the last 11 months, the Cobb County District Attorney’s Office has conducted a thorough review of the entire case file. Crucial motive evidence that was admitted at the first trial in 2016 is no longer available to the State due to the majority decision of the Supreme Court," the DA's Office said. "Therefore, after much thought and deliberation, we have made the difficult decision to not retry Justin Ross Harris on the reversed counts of the indictment."

Former lead prosecutor on case: Decision to dismiss Ross Harris charges 'shocking'

The decision was announced Thursday by Cobb DA Flynn D. Broady, Jr. after Harris' murder conviction was reversed last year by the Georgia Supreme Court.

www.11alive.com

 

[Gardenista]

Boring needs to lose his bar card. I wouldn't hire him for a jaywalking ticket.

 

[neesaki]

For the former lead prosecutor on the case, the decision is a "disservice."

That attorney, Chuck Boring, issued a statement to media outlets Friday outlining his disagreement with the decision. Reached for comment, the Cobb DA's Office said it would not be responding to the statement.

In the release announcing the decision, the DA's Office said "we disagree with the outcome of the majority opinion" in the Supreme Court decision that reversed the murder conviction, but "we are bound by the majority's decision."

"For the last 11 months, the Cobb County District Attorney’s Office has conducted a thorough review of the entire case file. Crucial motive evidence that was admitted at the first trial in 2016 is no longer available to the State due to the majority decision of the Supreme Court," the DA's Office said. "Therefore, after much thought and deliberation, we have made the difficult decision to not retry Justin Ross Harris on the reversed counts of the indictment."

Former lead prosecutor on case: Decision to dismiss Ross Harris charges 'shocking'

The decision was announced Thursday by Cobb DA Flynn D. Broady, Jr. after Harris' murder conviction was reversed last year by the Georgia Supreme Court.

www.11alive.com

RE my bolded , why would the “crucial motive evidence” no longer be available?

 

[DaisyKenny]

RE my bolded , why would the “crucial motive evidence” no longer be available?

I think it was due to GSC majority disallowing the cheating evidence because it wasn't like he killed his wife after all, according to the court.

From the story above bbm: District Attorney Broady ignores the unanimous opinion of the Supreme Court was that there was sufficient evidence to convict the Defendant of killing his child," Boring said.

 

[MsMarple]

I think it was due to GSC majority disallowing the cheating evidence because it wasn't like he killed his wife after all, according to the court.

From the story above bbm: District Attorney Broady ignores the unanimous opinion of the Supreme Court was that there was sufficient evidence to convict the Defendant of killing his child," Boring said.

What odd decisions from both the Georgia Supreme Court and the new prosecutor. And as an aside, what court continues to refer to the reasonable “man” argument in a decision instead of reasonable “person?” What is this, 1970?

IMO stinkin’ thinkin’.

 

[LinasK]

What odd decisions from both the Georgia Supreme Court and the new prosecutor. And as an aside, what court continues to refer to the reasonable “man” argument in a decision instead of reasonable “person?” What is this, 1970?

IMO stinkin’ thinkin’.

It was Scott Peterson's motive. Maybe they should look at his case.

 

[Erutan]

I think it was due to GSC majority disallowing the cheating evidence because it wasn't like he killed his wife after all, according to the court.

From the story above bbm: District Attorney Broady ignores the unanimous opinion of the Supreme Court was that there was sufficient evidence to convict the Defendant of killing his child," Boring said.

Hmm...
Does RH have friends in high places ?
Imo.

 

[MsMarple]

Hmm...
Does RH have friends in high places ?
Imo.

IMO I doubt it. Ross was a soft, lazy tech grunt who was so disinterested in his job that he spent much of his workday sexting women in the bathroom. As far as I know he earned average pay and was about as nondescript as it gets.

 

[neesaki]

Hmm...
Does RH have friends in high places ?
Imo.

I’m thinking, might be more likely the prosecutor could have connections. Thus, doesn’t want to “bother” with prosecuting the case again. Sounds to me, whatever the case, he’s lacking in ethics. JMO
But why wouldn’t he want to prosecute him again? That’s a big question.
I‘m purely speculating, because none of this makes sense to me at all.

 

[DeDee]

RE my bolded , why would the “crucial motive evidence” no longer be available?

The Prosecution's theory was that RH wanted to live a child free life. Without using the adult related material evidence at their disposal, they couldn't prove RH wanted to live a child free life.

The SC decision was 6:3. Not nearly unanimous + one SCJudge, who was adamant of RH's guilt, was absent due to illness or s/t and unable to vote. She may have argued and swayed if not for circumstances.

I think RH deeply desired to live free as a bird. It drove his actions. Remember the photo he sent the young girl of him modeling while in the men's bathroom at a nice restaurant before Cooper died? Further, I think he knew Cooper's death would tear LeeAnn up inside and their marriage would dissolve rapidly. Washed his hands of two things using one stone that was keeping him from seeing young girls he preferred. Young girls that he's still serving prison time for the crimes of solicitation so he's not released yet.

 

[MsMarple]

The Prosecution's theory was that RH wanted to live a child free life. Without using the adult related material evidence at their disposal, they couldn't prove RH wanted to live a child free life.

The SC decision was 6:3. Not nearly unanimous + one SCJudge, who was adamant of RH's guilt, was absent due to illness or s/t and unable to vote. She may have argued and swayed if not for circumstances.

I think RH deeply desired to live free as a bird. It drove his actions. Remember the photo he sent the young girl of him modeling while in the men's bathroom at a nice restaurant before Cooper died? Further, I think he knew Cooper's death would tear LeeAnn up inside and their marriage would dissolve rapidly. Washed his hands of two things using one stone that was keeping him from seeing young girls he preferred. Young girls that he's still serving prison time for the crimes of solicitation so he's not released yet.

Interesting that two of the three dissenting justices were women.

The dissenters with the ruling were justices Charles Bethel, Shawn Ellen LaGrua, and Verda M. Colvin, with Bethel writing the dissent.

Some of the justices would have let the murder conviction stand.

“Because details relating to the cause and manner of Cooper’s death were largely undisputed, intent (informed by motive) was the only real question in the case,” Justice Charles J. Bethel said. “I believe the State was entitled to introduce, in detail, evidence of the nature, scope, and extent of the truly sinister motive it ascribed to Harris.”

Georgia Supreme Court overturns Ross Harris conviction for the hot car death of his son; Cobb DA to file motion for reconsideration

The Supreme Court of Georgia overturned the high-profile murder conviction of Ross Harris for leaving his son in a hot car in 2014

cobbcountycourier.com

Citing 'Far from Overwhelming' Evidence, Georgia Supreme Court Overturns Conviction of Justin Ross Harris in 1-Year-Old Son's Hot Car Death

The Georgia Supreme Court on Wednesday overturned a murder conviction and associated charges against father Justin Ross Harris, 41, who left his son Cooper Harris, 22 months, to die in a hot car.

lawandcrime.com