The Sidebar - Harris Trial #2

[Hope4More]

Agree, but we also do not know for how long he had been doing the texting, sexting, meeting people for bj, prostitutes. We heard from one lady that he had sext with that he some way had a hook up with a male, but that all. (not that I do not believe if for a sec honestly) But again, iirc the earliest we KNOW about is 2013, so very possible sadly that he could have been doing for longer. We only know about the time frame prior to him getting his records looked at because of a search warrant on his electronics. And again I do not condone it. He should be held responsible, but I do see those being appealed on because of the SW and the Motions of how the SW was written. Would those records have been found in a normal investigation if they had not been looking for the alleged hot car death searches that allegedly RH said he made? That is what the SW was fo to check the phone because it had internet capabilities. Defense filed motion Dec 2015 fruit of the poisonous tree....

Fruit of the Poisonous Tree
The principle that prohibits the use of secondary evidence in trial that was culled directly from primary evidence derived from an illegal Search and Seizure.
The "fruit of the poisonous tree" doctrine is an offspring of the Exclusionary Rule. The exclusionary rule mandates that evidence obtained from an illegal arrest, unreasonable search, or coercive interrogation must be excluded from trial. Under the fruit of the poisonous tree doctrine, evidence is also excluded from trial if it was gained through evidence uncovered in an illegal arrest, unreasonable search, or coercive interrogation. Like the exclusionary rule, the fruit of the poisonous tree doctrine was established primarily to deter law enforcement from violating rights against unreasonable searches and seizures.
The name fruit of the poisonous tree is thus a metaphor: the poisonous tree is evidence seized in an illegal arrest, search, or interrogation by law enforcement. The fruit of this poisonous tree is evidence later discovered because of knowledge gained from the first illegal search, arrest, or interrogation. The poisonous tree and the fruit are both excluded from a criminal trial.
Assume that a police officer searches the automobile of a person stopped for a minor traffic violation. This violation is the only reason the officer conducts the search; nothing indicates that the driver is impaired by drugs or alcohol, and no other circumstances would lead a reasonable officer to believe that the car contains evidence of a crime. This is an unreasonable search under the Fourth Amendment to the U.S. Constitution. http://legal-dictionary.thefreedictionary.com/Fruit+of+the+Poisonous+Tree

I don't think there was any "escalation" either, though I surely do see why the State wanted to press that narrative.

Ross Harris hooked up with a college-aged woman to have her give him a BJ as early as 2012. So at least 2 years prior to Cooper's death he had already gone beyond just sexting. His initial contact with at least 2 of the 3 minors also dated back months, and iirc, the contact with one minor stretched back 2 years before Cooper's death.

Who knows if prostitutes were a "new thing, " but I somehow doubt it, and in any case, I don't see paying for sex (was it 3x's) as an escalation from sexting with minors.

We don't even know if RH was spending more time sexting in May or June than he had done in February or April 2014, or in November 2013, to choose previous months at random.

Start to finish, first day of the investigation on through the last day of trial, LE and the State have misrepresentated /taken out of context much of RH's online activities, everything from searches that were never made to twisting the definition of sexting to make their narrative work (Boring, closing: "RH was sexting at the intersection. ". Bull).

In doing the timeline for June 18 part of what struck me is how little his work day conformed to the State's portrayal of a man who sat there sexting all day - 6 women, or was it 36, doing little to nothing else, and most provocatively, sexting as Cooper died.


RH surely didn't seem to be much focused on work for long stretches, but neither was he sexting all day from what I can tell, and neither did he seem to be sexting in the AM before lunch.

Despite Frist's funky testimony on the point, Cooper was most likely dead well before RH seems to have begun sexting, after lunch, when he replied to a message sent by the woman who had given him that *advertiser censored* in 2012 , that she was horny.

 

[Coldpizza]

Closing up now.

http://www.websleuths.com/forums/showthread.php?321435-The-Sidebar-Harris-Trial-3