A Cobb County judge dealt a major blow to Justin Ross Harris' defense team this week, denying a series of motions that alleged investigators improperly collected evidence as part of a "fishing expedition" against their client.
The 39-page order from Superior Court Judge Mary Staley preserves key evidence collected by police in a case that has captivated the nation. Harris, accused of intentionally leaving his 22-month-old son inside a hot car to die, pleaded not guilty to charges including malice murder, felony murder and cruelty to children.
Marietta criminal defense attorney Philip Holloway, who was in the courtroom during motions hearings earlier this winter, characterized the ruling as “a major setback for Mr. Harris.”
“What this means that the evidence and information collected by police will not be excluded on the various constitutional grounds raised by the defense,” said Holloway, a former Cobb prosecutor.
Harris’ trial is scheduled to begin April 11. He has been held without bond since June 2014.
A more complete story on Judge Staley’s ruling will be posted later today on myajc.com.
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