TRIAL - Ross Harris #1

[JerseyGirl]

BBM-The defense won't argue that Ross knew Cooper was asleep. They will open up the possibility through their questioning of witnesses and may suggest the possibility in their closing. One or more of the Little Apron witnesses testified there were times Cooper was asleep when RH brought him to the Day Care = Kilgore has already opened up the possibility. It's possible Leanna will testify that Cooper often fell asleep while in his car seat. It's possible she might say, he must have fallen asleep = He often does that.Does this mean she saw or knew Cooper was asleep that morning?? No, it only opens up the possibility through experiences she has had with her child. IMO

But this may have been the first time RH brought Cooper into Chik-Fil-A rather than the drive-thru where I can see Ross bringing a sleepy Cooper into daycare.

In this instance, RH took Cooper OUT of the car at CFA. The child looked active in his arms at the counter. I do not see Cooper falling back to sleep in that short of a distance from CFA to day care, especially after being overly stimulated by people at CFA.

 

[GA_Peach]

going back to the phone call issue, here's some info:


I'll transcribe the exact testimony that I am referring too:

Prosecutor: When the defendant actually separated himself from his child and got on the phone, did he appear to be per the witnesses, talking on the phone?

Stoddard: Yes.

Prosecutor: Did you talk to officers who actually encountered him?

Stoddard: Yes I did.

Prosecutor: What did they say he was doing on the phone?

Stoddard: He stated that he was telling someone on the phone that his child had died.

Prosecutor: Now, when you spoke to the defendant, what did he say about actually speaking to somebody on the phone?

Stoddard: He stated that he had not gotten anybody on the phone.

Prosecutor: Have you reviewed preliminarily his phone logs?

Stoddard: Yes I have.

Prosecutor: What did those reflect?

Stoddard: They reflected three phone calls.

Prosecutor: What was the first?

Stoddard: First phone call was to Leanna. Um. It looked like it was a missed phone call. The second phone call was to Home Depot Corporate Center. Um. Their main number. Um and there was a third phone number and it was the same one, it was to The Home Depot Corporate Center. And it appeared that this phone number went through and on his records it said six minutes worth of conversation.

Prosecutor: Were you able to track back where that would have gone too? This call to The Home Depot Center?

Stoddard. We did.

Prosecutor: Okay, and where would that have been?

Stoddard: It went back to Toddler Room Five at Little Aprons Academy where Cooper attended school.

Prosecutor: So you have phone records suggesting that he was on the phone for five or six minutes...

Stoddard : Correct.

Prosecutor: You have the officers stating that he was actually talking to somebody on the phone.

Stoddard: Correct

Prosecutor: Did you confront him with this when he said that he actually was not talking to anybody?

Stoddard: I did.

Prosecutor: And what did he say?

Stoddard: He said he wasn't talking to anybody on the phone.

Minutes 12:00 to 13:50 https://www.youtube.com/watch?v=A-tiBT_0nNg

the above was taken from this thread: http://www.websleuths.com/forums/sh...led-to-talk-to-anyone&p=10749244#post10749244

This an instance where the prosecution's lack of credibility really hurts them. I believe that there is something of value in that call, but what?

I would be shocked if the defense used his statement, at all. IMO it's too risky. It leaves the door wide open for the prosecutor to tear it apart.

-A child being asleep for under 5 minutes not a reasonable explanation for forgetting them
-Ross immediately trying to justify forgetting Cooper just looks bad
-Trying to convince a jury that a visibly awake toddler who just ate, would fall asleep that fast...will be very hard
-It allows more time for the jury to hear about how fast he forgot about Cooper. This time period would be dissected yet again, which the defense doesn't want IMO
-The car seat talk will happen again. I would expect the prosecution to try and counter that the too small seat would be uncomfortable to sleep in. Reminding the jury of the bad choice he already made in putting him in an unsafe seat.
-It stinks of desperation (IMO.) I mean, I think it's a stupid justification and so would the jury.

There are many more reasons why using falling asleep is risky. I just don't see them doing it.

Thank you for this post. I should have stepped away from that conversation last night. The main point I was attempting to convey is that it is a terrible idea for the DT to go down that road. You said it far better than I did.

 

[blue22]

Kilgore, et al, will establish the possibility through the witnesses. He has already done that. I believe the Jury or some of the Jurors will be open to the possibility because of their own experiences with children. I don't believe anyone can deny it's possible for a toddler to fall asleep or be in the process of falling asleep in a matter of minutes. IMO

Yes, I think everyone would have to admit a child falling asleep essentially immediately, is possible. Possible and plausible are two different things. Convincing a a jury that it's plausible in THIS scenario, on that day, under all those circumstances...will be very hard. (Honestly, I'd be shocked if it worked. IMO.)

JMO

 

[jamiect]

Ross Harris Trial ‏
The state has called Wesley Houston, a corporate security officer at Home Depot, to the stand.

Ross Cavitt
Harris Trial: Home Depot security ofc says Harris made unusual mention about going to movies the day Cooper died. He thought it odd.

Video of Ross leaving work being shown.

Cathy ‏@courtchatter
#RossHarris - Houston said they usually have the TV in the lobby on CNN/HLN but switch it over to @wsbtv at 4pm. The breaking news came on

Daycare worker showed up w/Leanna Harris after Ross left. Houston says she was upset but after some time all emotion went away.

Ross Harris Trial
"As a parent, you lose a child you are full of emotions. She didn't show anything. She didn't scream, she didn't cry." - Houtson on Leanna

Veronica Waters
#RossHarris Houston says Leanna Harris arrived w/ "a whole lot of steam" but seemed emotionless after getting news about Cooper.

Ross Harris Trial ‏
Home Depot security guard claims Leanna's emotions went from "hot to not", seemed very controlled.

 

[Hope4More]

My question- If you have found your dead child in his car seat, why are you calling the daycare? To ask if he is there? To ask if you put him back in the car? To ask what to do now?
Why on earth would you call the daycare? You didn't even call 911 yourself. I can see calling the wife, but not work (calling in for tomorrow?) or the daycare, UNLESS there is someone there that you have a relationship with, and it's certainly not like RH is not playing the game and looking for relationships or whatever outside of his marriage. If there was a relationship there, and that person may also be married, or just does not want to be sucked into this ugly situation, the person may not want to own up to taking the call. I want him to have to explain why he called there of all places.
MOO

According to an eyewitness, RH actually called for someone to "get help" for Cooper. He seems to have tried to do some form of CPR, however ineptly. He had assistance from the very beginning, as a "good Samaritan" helped get Cooper out if the car and was, btw, jointly responsible for choosing to lay Cooper down on that hot pavement, a decision the State has gone to great effort to depict as good hearted, though IMO I think it's not unreasonable to believe neither gentleman was thinking anything other than to try to assist Cooper ASAP, ASAP, and unlikely to pause and take the time to look around to find a more "suitable" place.

I think RH saw very quickly that Cooper was dead, but what parent , really, could process THAT (yep, assuming not malice murder)? He wasn't claiming to not know what happened, he was screaming at the top of his lungs: "I KILLED MY CHILD!!! Oh my God, oh my God!! What have I done??!!"

If you set aside a presumption of guilt, imo his actions and responses and emotions make perfect sense, imo, including his calls. Why WOULDN'T he think to call his wife and Cooper's mother, immediately after seeing Cooper dead, yelling for help, watching someone else trying to bring Cooper back, no doubt everything unfolding in the slow motion, uncomprehending sense of things caused by shock?

He knew Leanne was either on her way or was already at daycare, right? According to daycare workers, Leanne was a texter, not a caller. Perhaps RH called daycare because that's where he expected her to be?

 

[magnolia]

Yes, I think everyone would have to admit a child falling asleep essentially immediately, is possible. Possible and plausible are to different things. Convincing a a jury that it's plausible in THIS scenario, on that day, under all those circumstances...will be very hard. (Honestly, I'd be shocked if it worked. IMO.)

Again, the Defense won't directly try to convince the Jury. The Jury is already aware that children often fall asleep in their car seats. For most people, this is common knowledge. Thanks for admitting the possibility. I don't think "this scenario, on that day. under all those circumstances" has anything to do with it. The point is, children can fall asleep in their car seats in a matter of minutes.IMO

 

[JerseyGirl]

The state calls it's first witness of the day, Wesley Houston, to the stand. Houston is a corporate security officer at Home Depot. He sometimes worked at the Little Apron Academy.

Houston says he liked to speak to the employees at the Home Depot Treehouse location. He says he remembers interacting with Ross Harris. He says he said "Hello" and "Goodbye," but they never talked about their personal lives.

Houston says on June 18, 2014, he remembers Harris leaving the office. He told Harris to "Have a great evening." He says Harris responded, "You too." Houston says Harris told him he was going to the movies, which struck him as odd because he says Harris never told him about his activities outside of work until that day.

Houston says he remembers Harris saying he was going to the movies with someone with the last name Mullins. Jurors see security camera video of Harris leaving the office building on the day Cooper died.

Houston says the local news was on in the lobby on the day Cooper died and there was breaking news. He says there was a commotion in the office and Leanna Harris was there. Houston says Leanna Harris looked "cold." Houston says Leanna Harris "had a lot of steam" when she first came in, but then seemed to lose it.

Houston says Leanna Harris showed no emotion while sitting in the lobby, seeing news of a dead child on the TV. He says detectives later came to speak with her.

Defense cross-examines Houston. Defense Attorney Bryan Lumpkin asks Houston about his interactions with Ross Harris.

Houston says it was "out of his character" for Ross Harris to tell him he was going to the movies after work.

Houston says he talked to detectives about the events of the day and what unfolded. He says he told them Harris walked out of the Treehouse location and mentioned he was going to the movies. Houston says he knew something was wrong later when a security officer from the main office showed up at the Treehouse location with Leanna Harris. He called it a "red flag."

Houston says Leanna Harris was asking, "Where's Ross? Where's my son?" in the lobby of the office. Houston says Leanna's emotions went "from hot to not" while watching the news unfold on TV.
"She was very much in control. She didn’t do anything." Home Depot Sec. officer explaining #RossHarris wife watching @wsbtv when Cooper fnd — Craig Lucie (@CraigLucie) October 14, 2016

Houston says he didn't want to know anymore about the case in the day and weeks following. He says he didn't watch any news coverage about Cooper's death because it was too much for him.

Prosecutors point out that Harris' right side was to Houston as he left the building. Houston says there was no interaction with Harris that would make him believe that he couldn't hear him.



http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/456713424

 

[blue22]

Again, the Defense won't directly try to convince the Jury. The Jury is already aware that children often fall asleep in their car seats. For most people, this is common knowledge. Thanks for admitting the possibility. I don't think "this scenario, on that day. under all those circumstances" has anything to do with it. The point is, children can fall asleep in their car seats in a matter of minutes.IMO

How would it not have anything to do with it? The jury believing it's possible in general, is not good enough. They have to believe it was plausible for Cooper to fall asleep in that short time, on the day he died, under the circumstances presented. They have to believe it enough, that Cooper falling asleep in a few minutes, is a good enough or reasonable reason for Ross to forget him. Such a good reason, that he is not legally negligent for his death. It absolutely matters. BIG time.

**To be clear, I WAS talking about *if* the defense directly used that with the jury. Not indirectly.

 

[jamiect]

Vinnie PolitanVerified account ‏@VinniePolitan 2m2 minutes ago
#HotCarDeath Ross Harris exits work.

 

[Hope4More]

I don't understand why the guard thought it was so super duper weird that RH told him he was going to the movies? And if it seemed so super duper weird, why didn't he mention it to Stoddard in the interview that was actually documented? As opposed to his being certain he told Stoddard, AFTER his interview, so there is no record of his saying such a thing?

Talk about too many coincidences. The Stoddard interview irregularities and inconsistencies just keep piling up.

( Maybe RH told the guard because he felt jubilant he had told a disapproving Leanne to stuff it, that he was going to go play with his friends whether she liked it or not).

 

[jamiect]

Wild About Trial
Witness 21, Ray Yeager, Detective with CCPD. Part time reserve officer currently.

Ross Harris Trial
High tech CSI Ray Yeager is now on the stand about cellphone/iPad extractions he performs.

 

[blue22]

I don't understand why the guard thought it was so super duper weird that RH told him he was going to the movies? And if it seemed so super duper weird, why didn't he mention it to Stoddard in the interview that was actually documented? As opposed to his being certain he told Stoddard, but AFTER his interview.

Talk about too many coincidences. The Stoddard interview irregularities and inconsistencies just keep piling up.

I think he came across as a man who wanted to be involved in the case. This guy will be a non factor for the prosecution, he seemed like he wanted to be the guy with that good info right as it happened. A busy body. I don't think Stoddard had anything to do with the guy' being a bad witness, IMO.

 

[JerseyGirl]

The state calls it's next witness to the stand, Ray Yeager. He was a detective with the Cobb County Police Department. He is now retired and a part-time reserve officer. Yeager says he worked in the high-tech crime unit which did forensic analysis of digital devices.

Yeager says he was assigned to coordinate the analysis of all of the devices brought in for the case, including cell phones, computers and iPads.

http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/457089519

 

[blue22]

I don't understand why the guard thought it was so super duper weird that RH told him he was going to the movies? And if it seemed so super duper weird, why didn't he mention it to Stoddard in the interview that was actually documented? As opposed to his being certain he told Stoddard, but AFTER his interview.

Talk about too many coincidences. The Stoddard interview irregularities and inconsistencies just keep piling up.

I think he came across as a man who wanted to be involved in the case. This guy will be a non factor for the prosecution, he seemed like he wanted to be the guy with that good info right as it happened. A busy body. I don't think Stoddard had anything to do with the guy' being a bad witness, IMO.

 

[Hope4More]

I think he came across as a man who wanted to be involved in the case. This guy will be a non factor for the prosecution, he seemed like he wanted to be the guy with that good info right as it happened. A busy body. I don't think Stoddard had anything to do with the guy' being a bad witness, IMO.

I agree 100% (yay! ) about his wanting to be involved. Not so much about Stoddard not having anything to do with yet one more instance of things that were supposedly said to him that weren't noted, etc.

 

[kaRN]

Not quite correct. The statute for second degree child cruelty applied to this case says that to be found guilty, RH must have acted or failed to act in a manner that demonstrated criminal negligence, defined as a "willful, reckless, or wanton disregard " for Cooper's safety or well being (or life).

I've posted the exact wording a number of times, as have GA Peach and others.....

And he did

 

[blue22]

Wow, this technical stuff is confusing.

The witness is a good sport about it though, lol

 

[JerseyGirl]

Wow, this technical stuff is confusing.

The witness is a good sport about it though, lol

hahaha, even the reporter's head must be spinning:

10:02 a.m. Yeager explains how he analyzes a computer versus a cell phone.

10:16 a.m. Court recesses for mid-morning break.

http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/457089519

 

[GA_Peach]

The state calls it's first witness of the day, Wesley Houston, to the stand. Houston is a corporate security officer at Home Depot. He sometimes worked at the Little Apron Academy.

Houston says he liked to speak to the employees at the Home Depot Treehouse location. He says he remembers interacting with Ross Harris. He says he said "Hello" and "Goodbye," but they never talked about their personal lives.

Houston says on June 18, 2014, he remembers Harris leaving the office. He told Harris to "Have a great evening." He says Harris responded, "You too." Houston says Harris told him he was going to the movies, which struck him as odd because he says Harris never told him about his activities outside of work until that day.

Houston says he remembers Harris saying he was going to the movies with someone with the last name Mullins. Jurors see security camera video of Harris leaving the office building on the day Cooper died.

Houston says the local news was on in the lobby on the day Cooper died and there was breaking news. He says there was a commotion in the office and Leanna Harris was there. Houston says Leanna Harris looked "cold." Houston says Leanna Harris "had a lot of steam" when she first came in, but then seemed to lose it.

Houston says Leanna Harris showed no emotion while sitting in the lobby, seeing news of a dead child on the TV. He says detectives later came to speak with her.

Defense cross-examines Houston. Defense Attorney Bryan Lumpkin asks Houston about his interactions with Ross Harris.

Houston says it was "out of his character" for Ross Harris to tell him he was going to the movies after work.

Houston says he talked to detectives about the events of the day and what unfolded. He says he told them Harris walked out of the Treehouse location and mentioned he was going to the movies. Houston says he knew something was wrong later when a security officer from the main office showed up at the Treehouse location with Leanna Harris. He called it a "red flag."

Houston says Leanna Harris was asking, "Where's Ross? Where's my son?" in the lobby of the office. Houston says Leanna's emotions went "from hot to not" while watching the news unfold on TV.
"She was very much in control. She didn’t do anything." Home Depot Sec. officer explaining #RossHarris wife watching @wsbtv when Cooper fnd — Craig Lucie (@CraigLucie) October 14, 2016

Houston says he didn't want to know anymore about the case in the day and weeks following. He says he didn't watch any news coverage about Cooper's death because it was too much for him.

Prosecutors point out that Harris' right side was to Houston as he left the building. Houston says there was no interaction with Harris that would make him believe that he couldn't hear him.



http://www.wsbtv.com/news/ross-harr...the-ross-harris-hot-car-death-trial/456713424

I am not listening to this morning's witnesses so please forgive my ignorance. I will try and catch up over the weekend. Did Leanna Harris learn about Cooper's death on TV? Was she watching the news about Ross and Cooper on TV?

I also have a completely unrelated question. Do we know how many witnesses the State has?

 

[ScotAng]

The shorter the time to the intersection , the easier it is to believe , actually, that Cooper was silent enough for RH to not be aware of him. Past the intersection, there were minutes more , 5 in total between CFA and work. Cooper quiet, Cooper drowsy, Cooper sound asleep by the time RH pulled into work is IMO a very plausible scenario.

rsbm
Not in my experience(s). Had he been a small baby, I think most could buy that. He's a toddler about to start the 'playing' part of his morning and, more of note, just been fed. He's far more likely to have been full of beans and chatter.

From what I understand from Hearing, they switched the car seats because LH had went on a trip to Alabama, and had not swapped them back. Forward facing was orig in RH car. IF I understood testimony. JMHO And at time they switched if 2 weeks prior would make that 2 weeks ago make sense of some things.

Thanks Mimi. It makes no sense, though. Ross would have no need for a baby seat of any kind when Cooper's away with his mother. Simply put the front facer back in his car when the baby returns. Double-switching is nonsensical imo.