Ross Harris: Lawyers argue client's character flaws do not mean he is a murder
ATLANTA - A Cobb County father convicted of murder after leaving his son in a hot car to die wants a new trial.
Attorneys for Ross Harris presented oral arguments before the Georgia Supreme Court on Tuesday.
Lawyers for Harris argue that prosecutors went overboard when telling the jury about inappropriate sexual behavior the Cobb County father had with teenage girls and prostitutes.
They argued the information reflected bad character, but in no way meant Harris killed his son, Cooper, in June 2014. Several of the justices chimed in.
"I am trying to figure out why you needed to mention the age of the girls and why bring in prostitution and the messages that were thumbnail size, you blew up and in full color and showed them to the jury," Georgia Supreme Court Chief Justice David Nahmias said.
The state explained why they used the photos.
"Given the hundreds of pieces of evidence, to use nine color photos is not prejudicial," prosecutor Linda Dunikoski said. "Showing that he was actually doing these crimes was important. This was more than a fantasy, he was actually having sex with women outside of his marriage and doing what he wanted to do."
A second justice questioned the "bad act" or character flaw evidence as well.
"You did a remarkable job of proving he was a terrible person, but that does not prove he murdered his child," Justice Nels Peterson said.
Chief Justice Nahmias gave both sides 20 minutes to articulate their case. The court indicated it will rule as quickly as possible on whether Harris will be granted a new trial.
The chief judge also revealed, in an unrelated matter, that he has tested positive for COVID-19, but was grateful he could work safely from home.
Harris was convicted of malice murder and first-degree child cruelty stemming from the death of his toddler son Cooper, as well as three crimes related to his sexual conversations with a minor.
Following his jury trial and conviction, a Cobb County Superior Court judge sentenced Harris to life without parole, plus additional years.
Justin Ross Harris hot-car death case
Harris, who moved from Tuscaloosa, Alabama, to the Atlanta area for work in 2012, told police he forgot to drop his son off at day care on the morning of June 18, 2014, driving straight to his job as a web developer for Home Depot without remembering that Cooper was still in his car seat.
MAN CONVICTED OF LEAVING SON IN HOT CAR DENIED NEW TRIAL
Cooper died after sitting for about seven hours in the back seat of the vehicle outside his father’s office in suburban Atlanta, where temperatures that day reached at least into the high 80s.
Prosecutors argued at trial that Harris was unhappily married and killed his son on purpose to free himself. Defense attorneys described him as a doting father and said the boy’s death was a tragic accident.
The Associated Press contributed to this report.