He said early on, detectives falsely claimed before a magistrate judge that Harris had researched hot vehicle deaths. Harris is now being held without bond on a child cruelty charge and a murder charge.
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The judge overseeing the trial of a Georgia man accused of intentionally leaving his toddler son in a hot SUV to die agreed Monday that the trial should be moved because pretrial publicity has made it impossible to find an impartial jury. Harris faces charges, including murder, and has been in jail since the day 22-month-old Cooper died in June 2014.
Both the prosecution and defense will now meet to see if they can agree on a venue within the state of Georgia.
“While we’re certainly disappointed, we understand and respect the court’s ruling”, Cobb County District Attorney Vic Reynolds said.
Cobb County Superior Court Judge Mary Staley listens as prosecutor Chuck Boring argues against a change of venue for the trail of Justin Ross Harris, Monday, May 2, 2016, in Marietta, Ga.
Prosecutors argued that the defence had already agreed that 36 potential jurors were qualified to be in the jury pool.
Before taking a recess, the judge also asked both sides to consider the logistics if the trial is moved.
Judge Staley did not indicate when or where the trial would be moved. 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.
The Atlanta Journal-Constitution reports (http://on-ajc.com/1TjWw3P ) that Cobb County Superior Court Judge Mary Staley on Friday brought the total pool to 41.
Defense attorneys argue that too numerous jurors have already made up their mind on the case.
Harris is the Marietta father accused of murdering his 22-month-old son, Cooper, by intentionally leaving him in his vehicle to die on June 18, 2014.
Defense attorneys say their client, who moved from Tuscaloosa, Alabama, to Georgia in 2012 to work for Home Depot, was a loving father and that the death was a tragic mistake.
Staley held a hearing Monday on a defense motion to move the trial.
Prosecutor Chuck Boring pointed out that defense attorneys could’ve filed a change of venue motion long ago, but said the only reason they’re doing so now is because jury selection “isn’t going their way”. They want the trial moved out of Cobb County now.
Harris’ attorneys said they did not believe an impartial jury could be found northwest of Atlanta were the trial was set to take place.
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Many said they believed Harris was guilty.
