Attorneys for Ross Harris push for new trial during hearing

COBB COUNTY, Ga - Attorneys for Ross Harris said there were lots of errors during the Cobb County father's 2016 murder trial and they are asking a judge for a new trial.

In a virtual hearing Monday, Ross Harris' attorney told the court their entire case centered on his opinion of psychologist Dr. David Diamond. He concluded after interviewing Harris twice, the Cobb County father left little Cooper in his hot car accidentally, while he went into the Home Depot headquarters to work.

However, the psychologist never testified during the 2016 Brunswick trial after the judge ordered defense attorneys to turn over his confidential notes.

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The defense believes the private notes were surrendered in error and incriminate Harris.

"We were extraordinarily concerned that those notes between lawyer and expert created a real problem. Many of those notes could be misconstrued and used by the prosecution against us," defense attorney Mattox Kilgore complained.

Dr. Diamond's handwritten and typed notes, plus a 50-slide PowerPoint presentation focused on Harris' so-called memory failure.

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The expert said the breakdown happened to Harris due to distractions, sleep deprivation, stress factors, change in routine, and other issues.

The 2016 jury convicted Harris of murdering his young son.

Harris' attorneys and Dr. Diamond believe the death in the Home Depot Corporate parking lot was an accident.

The state is clearly skeptical of Dr. Diamond's theory.

“Are you equating forgetting a child, whom you love and live for as a parent, to forgetting to go to the store?” Prosecutor Linda Dunikoski asked during cross-examination.

Superior Court Judge Mary Staley Clark reserved three days for the hearing. Testimony will resume Tuesday morning.

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