The arguments came during a hearing on a defense motion to move the trial away from the metro Atlanta county where the child died.
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Harris, 35, faces multiple charges, including malice murder, felony murder and cruelty to children.
Harris’ attorneys have said Cooper’s death was a tragic mistake.
Prosecutor Chuck Boring argued the attempt to move the trial was nothing but defense strategy.
Three weeks of jury selection in the case has led to 40 Cobb residents being qualified to serve as jurors – a fact Boring said proved that a jury could be found in the county where the alleged crimes took place.
“In making her decision on the venue change, Judge Mary Staley said, “[Harris] has carried the burden to make a substantive showing of a likelihood that prejudice exists because of extensive publicity, so it would not be just to try the case in Cobb County”.
Judge Mary E. Staley outright refused to bus in jurors from another community.
“There is no way in the world that I would ever consider doing that to anybody”. The judge in the trial of Harris on Monday, May 2, 2016, granted a defense request to move the trial. They questioned more than 80, qualifying about half of them to be part of the jury pool.
The judge warned that would likely be a courthouse with few amenities, security, and possibly air conditioning.
They were to decide if Harris simply forgot that Cooper was in the SUV and drove on to work rather than dropping him off at daycare or, as the prosecution contends, he wanted an expedient way out of being a parent in order to carry on affairs with other women and have a child-free lifestyle. Staley said she and the court administrator will talk to courts in other parts of Georgia about hosting the trial and will consult with the lawyers for both sides.
She then tasked them with talking about the five jurors defense wanted struck, and work out how both sides can go forward.
“As one juror said, ‘If you live in Cobb County, you’ve heard about this case, ‘” said Lumpkin.
She told attorneys to be back in the courtroom at 3:00 Monday afternoon. They want the trial moved from Cobb County.
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“While we’re certainly disappointed, we understand and respect the court’s ruling”. “I grant the defendant’s request for change of venue”. She was convinced that pervasive pretrial publicity, including media interest in smaller matters such as scheduling, hampered Mr. Harris’ chances of getting a fair trial in Cobb County. But those involved in the case believe closer to 50 will be needed before the process of selecting the trial jury could begin.
