Hearing for new trial in hot auto death
The first day in the hearing for a new lawsuit in Cooper Harris’s hot auto death.
COBB COUNTY, Ga – – Ross Harris’ attorneys said there were many mistakes during the father’s 2016 murder trial in Cobb County, and they are asking a judge to retry.
In a virtual hearing on Monday, Ross Harris’ attorney told the court that the entire case was based on his opinion from psychologist Dr. David Diamond concentrate. After interviewing Harris twice, he concluded that the Cobb County father accidentally left little Cooper in his hot car while he went to Home Depot headquarters to work.
However, the psychologist never testified during the 2016 Braunschweig trial after the judge ordered the defense lawyers to hand over his confidential notes.
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The defense believes the private notes were mistakenly filed and incriminate Harris.
“We were extremely concerned that these notes between attorney and expert were a real problem. Many of these notes could be misinterpreted and used against us by the prosecution,” complained defense attorney Mattox Kilgore.
Dr. Diamond’s handwritten and typed notes and a 50-slide PowerPoint presentation focused on Harris’s so-called memory error.
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The expert said the breakdown happened to Harris due to distractions, sleep deprivation, stressors, routine changes, and other issues.
The 2016 jury convicted Harris of the murder of his young son.
Harris’ attorneys and Dr. Diamond believe the death in the Home Depot Corporate parking lot was an accident.
The state is available to Dr. Clearly skeptical of Diamond’s theory.
“Do you equate forgetting a child you love and live for as forgetting to go to the store?” Prosecutor Linda Dunikoski asked during cross-examination.
Supreme Court Justice Mary Staley Clark has set aside three days for the hearing. The testimony resumes on Tuesday morning.
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