So his sexting all day at work somehow proved that he knew his poor child was in his car?
Seems the very last thing he would do is to generated such material if he knew that he would come under investigation within hours due to the death of his child that would surely uncover his online actions.
Among the most shocking allegations: Justin Ross Harris messaged six women, sending and receiving explicit texts -- some including nude images -- from work while his 22-month-old was dying, a detective testified at the hearing.
Harris' attorney repeatedly objected to Cobb County, Georgia, police Detective Phil Stoddard's testimony claiming that Harris sexted the women -- one of whom was underage at the time -- but the judge allowed it.
For him to enter the car ... when the child had been dead and rigor mortis had set in, and the testimony is the stench in the car was overwhelming at that point in time, that he -- in spite of that -- got in the car and drove it for some distance before he took any action to check on the welfare of his child, I find there is probable cause for the two charges contained in the warrant," Cox told a packed courtroom.
DEPRAVED INDIFFERENCE MURDER in the US is Murder 2. Have they filed charges yet? If all this information is correct, this guy needs to be pokied and his wife looked into as accomplice.
Cobb County's district attorney said he was bound by law not to discuss the evidence in an active cases, but did read a written statement from the courthouse steps:
"Today, Cobb Chief Magistrate Judge Frank Cox conducted a Probable Cause and Bond Hearing in the case of The State v. Justin Ross Harris. After hearing evidence, Judge Cox bound the case over to Superior Court on the charges of cruelty to children in the second degree and felony murder.
Procedurally, the warrant is now sent to the Cobb District Attorney's Office for disposition. The investigation by Cobb Police is still in progress, and much work remains. Once law enforcement has completed the investigation, their file will be forwarded to the District Attorney's Office for review. Only then will prosecution decisions be made. As in all cases, only two elements dictate those decisions: the facts, and the law.
Media attention and public emotion have no effect on the decisions in this case.
Ethical standards prohibit the DA's office from commenting on the evidence, and we will not violate or compromise those standards in any way. This case will run its course and we will follow wherever the evidence leads us."
Defense attorney Maddox Kilgore briefly spoke to the media, saying he said everything he planned on saying inside the courtroom.
Public may have turned, but jurists see holes in case against Georgia dad
ATLANTA — For three relentless hours, Ross Harris served as a prosecutor's punching bag, his reputation leveled by one broadside after another.
By the time the recent probable cause hearing was over, he had become one of the nation's most infamous defendants — accused of intentionally leaving his toddler son in a sweltering SUV long enough to die.
But, while the public may have made up its mind about the baby-faced IT specialist, charged with felony murder and second-degree cruelty to children, legal experts say the case against him, while solid, is no slam dunk, especially if the charges are upgraded to indicate malice.
"Look at Casey Anthony," said jury consultant Jeri Cagle, referring to the Florida mother found not guilty of killing her 3-year-old daughter despite what prosecutors thought was overwhelming evidence.
Harris, 33, contends he mistakenly left his 22-month-old son Cooper locked in his car seat for seven hours as temperatures inside the 2011 Hyundai Tuscon soared above 130 degrees.
The case has generated headlines worldwide, and with good reason. According to those who track the number of children who have died when left in hot cars, this is the first time a parent or guardian has ever been accused of doing so on purpose.
"This is unprecedented," said Janette Fennell, president and founder of the advocacy group KidsAndCars.org. "I've examined over 700 cases in my career, and I've never heard of this before."
Cobb Assistant District Attorney Chuck Boring said at last week's hearing that evidence presented "has shown this was intentional." However, the charges don't yet reflect that.
Veteran criminal defense attorney Steve Sadow said the defense should push the prosecution to make up its mind on the issue of malice.
"I would want them to take a stand," Sadow said. "And, if they didn't, I'd exploit that. If they can't make up their mind, that indicates they can't prove it."
Upping the charges raises the bar on the prosecution. "I'd be hoping for that if I was the representing him," Sadow said. Charging Harris with intent to kill would make the defense's job a little easier, he said.
By doing so, the prosecution would, in essence, identify Harris as "a monster" without peer, said former DeKalb County District Attorney J. Tom Morgan.
"I don't see any middle ground — he intentionally murdered a child or it's a horrible tragedy," said Morgan, now a defense lawyer. "If they show premeditation, that he intentionally killed that child, then (Cobb District Attorney) Vic Reynolds can do nothing less than seek the death penalty."
And that would present another challenge for the state. Could they prove that Harris — who, according to friends and family, was a doting dad — is a cold-hearted killer willing to let his son suffer one of the worst deaths imaginable?
"You'd almost have to show he was mentally ill, completely devoid of empathy," said Decatur defense lawyer Bob Rubin. "Proving this was a purposeful act is full of hurdles, unless there's a smoking gun out there."
So far, the prosecution's case is almost completely circumstantial, although that's not unusual, said Gwinnett defense attorney Christine Koehler.
"If you push, push and push and then some of this stuff isn't proven, that can really end up making the prosecution look bad," she said, adding that, if Harris goes to trial, a change of venue is almost inevitable.
Ironically, the prosecution's testimony about Harris' sexting habits — alleging he was engaged in up to six different illicit chats with women he met online on the day of his son's death — may end up helping the defense.
"They could argue that the sexting, something he was apparently very heavily involved in, was a distraction," Rubin said. "Clearly, he wasn't thinking about his son that day because he was so obsessed with women."
Ultimately, the most important part of the trial may well be picking a jury. Finding open-minded jurors won't be easy, said Cagle, who's been advising lawyers through the process for 20 years.
In this case, the defense will be looking for a mix of skeptics who tend to distrust the herd mentality and optimists who simply can't fathom someone subjecting their child to such a horrific death, Cagle said.
Of course, the prosecution is still building its case; Cobb Police Detective Phil Stoddard said investigators have just "scratched the surface."
Sadow said he believes the defense faces an uphill battle.
Forgetting your child is in his car seat less than five minutes after putting him there will be a tough sell, he said. And Harris' admission that, five days before his son's death, he watched an online video about what happens to a child when left inside a hot car may prove too coincidental for jurors to accept.
"All the circumstances in this case, considered in their totality, don't leave much room for maneuvering," Sadow said.
An yes we both know that he was sexing at the same time his child was dying however the question is still is did he know his child was in the car at the time or not!!!!!
That is what a jury need to decided and not the opinion of a police detective.
Oh by the way my opinion at the moment is that he is likely guilt
I've never accidently left a very young child or a pet in a car, and I definitely would never do so intentionally, but I once locked my car keys in the car while they were still in the ignition, and I once accidently locked my handbag, car keys inside of it, on the front seat of my car. So that sort of absentmindedness and memory lapse can happen. But, when I left my handbag, I became aware of it almost immediately, even though I had to wait for a locksmith before I could retrieve it.
I'm not suggesting that it doesn't happen, but anyone that ******* stupid should never have had kids in the first place.
So what makes you special that you can overcome this?
So what makes you special that you can overcome this?
The deeply caring firefly, who can't seem to muster any compassion for the millions of children the USA does much worse things to.
So what makes you special that you can overcome this?
Not being a neurologist, I don't know. I do know that I never even came close when they were young. Now at 4 and 7, they wouldn't let me.
Dad indicted on murder charges in son's hot car death
By Eliott C. McLaughlin, Greg Botelho and Devon M. Sayers, CNN
Thu September 4, 2014
Marietta, Georgia (CNN) -- The Georgia dad whose toddler son died after being left all day in a hot car was indicted by a grand jury Thursday on eight counts, including malice murder and two counts of felony murder.
The malice murder charge alleges that Justin Ross Harris, who has claimed his son's death was an accident, premeditated the child's killing.
The other five charges are: first-degree cruelty to children, second-degree cruelty to children, criminal attempt to commit a felony (sexual exploitation of a minor) and two counts of dissemination of harmful material to minors.
According to the indictment, the grand jury found that on June 18, Harris "did unlawfully, and with malice aforethought, cause the death of Cooper Harris ... by placing said Cooper Harris into a child car seat and leaving him alone in a hot motor vehicle."
The two felony murder charges allege that Harris killed his 22-month-old son while committing the first- and second-degree felonies of cruelty to children. One count states he killed Cooper "maliciously," while the other felony murder count says Harris killed him "with criminal negligence."
Harris faces a mandatory sentence of life in prison if convicted on any of the murder charges, while a guilty verdict for the malice murder count could make him eligible for the death penalty.
By leaving Cooper in the car, Harris caused the boy "cruel and excessive physical pain," the cruelty to children charges allege.
The criminal attempt to commit a felony and dissemination of harmful materials charges are not related directly to Cooper's death. They involve allegations that Harris requested a nude photo of a minor's genitalia and sent the same minor descriptions of "sexual excitement and sexual conduct," according to the indictment.
A Cobb County detective testified at an earlier probable cause hearing that while Cooper was in the car at his father's workplace, Harris was sexting with numerous women and sent one of them, who was underage, a photo of his erect penis...