In what amounted to a preview of his murder trial just seven weeks away, Justin Ross Harris’ words and deeds prior to his son Cooper’s death were open to widely divergent interpretations.
Depending on which side you believe, Harris is either a victim of unfortunate timing and irrelevant character attacks or a monster who often telegraphed his depravity.
During Monday’s final motions hearing in Cobb County Superior Court, prosecutors introduced evidence they believe proves the former Web developer intentionally left his son inside a hot SUV for seven hours while he reported to work at Home Depot.
Just 10 minutes before he last saw his 22-month-old son alive, Harris, according to prosecutors, responded sympathetically to a social media post written by an anonymous mother lamenting her decision to have children.
“I love my son and all,” Harris wrote on the morning of June 18, 2014. “But we both need escapes.”
Roughly 10 hours later, the former Home Depot Web developer was charged with murdering his only child. Harris insists his son's death was an accident.
“We got a taste today of the challenging ways each side will interpret information,” said Marietta criminal defense attorney Philip Holloway, who is not affiliated with the case. “It’s either exactly what the prosecution says it is or an unfortunately ill-timed sentiment that’s been expressed by many parents about the need to have time away from their children.”
Dueling narratives also characterized the defense motion to suppress all evidence of Harris' extramarital dalliances on the grounds that such evidence is irrelevant to the charges against him.
But even as lead defense attorney Maddox Kilgore fought to keep statements made by his client’s paramours out of the trial, he said such testimony might actually hurt the prosecution’s case.
“In a nutshell, they’re arguing that any explicit sexual communications or acts constitute evidence of murder,” Kilgore said. “From what we’ve seen, there’s no evidence of him wanting to commit violence, no history of neglect or indifference.”
The prosecution has long contended that Harris had grown unhappy in his marriage and was engaged in sexually charged relationships with numerous women via his smart phone, even boasting that he was unfaithful and his wife, Leanna, knew it. Harris longed for the freedom of a childless life, the state alleges.
Leanna Harris filed for divorce earlier this month, saying the couple's once strong bond is "irretrievably broken."
It’s not what Ross Harris wanted, said Kilgore, citing evidence presented by the prosecution.
“He loved that baby more than he loved anything,” Kilgore said, quoting one woman with whom Harris was involved. That same woman said Harris told her he’d never get a divorce because he “wouldn’t want to mess up Cooper’s life.”
Another woman told investigators Harris “would never do anything to harm Cooper,” Kilgore said. “I honestly believe he wouldn’t do something like that.”
Three other women were interviewed by police and none of them suggested “Ross Harris wanted to live a life without his family,” Kilgore said.
But what to make of cryptic statements like the one found three days before Cooper’s death on one of Harris’ electronic devices: Desire > Sin > Death?
Neither side attempted an interpretation.
“Often times, actions speak a lot louder than words,” said Cobb Assistant District Attorney Chuck Boring. “I think that’s what this case is going to show.”
Cobb Superior Court Judge Mary Staley said she’ll rule on the remaining defense motions within the next two weeks.
She did give Harris’ team one small victory Monday morning, ruling that evidence about two insurance policies, totaling $27,000, that Harris had taken out on Cooper was inadmissible — though she said that decision could be revisited once the trial begins on April 11.
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