In a case where very few facts have been made public by police, Thursday’s combination probable cause and bond hearing may provide the first real insight into the criminal case against Ross Harris, the Cobb father charged in his son’s death.
Harris' defense strategy should also come into focus. The 33-year-old IT specialist told police he mistakenly left his 22-month-old son locked inside his SUV the morning of June 18 while he reported to work at Home Depot's corporate offices on Cumberland Parkway. He said he discovered Cooper dead in his car seat seven hours later as he drove home.
The toddler's mother, Leanna Harris, could take the stand as a character witness but is unlikely to open herself to questioning now that Cobb police have disclosed she, like her husband, had recently researched "car deaths and how (they) occur" on the Internet, according to a search warrant made public on Saturday.
Defense lawyer Steve Sadow told The Atlanta Journal-Constitution it appears likely police are also eyeing Leanna Harris as a suspect.
“If she was my client I’d advise her to stop talking … to the media, police, everyone,” Sadow said.
Divulging too much, if anything at all, has not been an issue for most of the other key figures in this case.
Ross Harris’ attorney, Maddox Kilgore, has not responded to repeated requests for comment. And police have remained mum, save for a brief statement issued last week from Cobb Police Chief John Houser, who said, “The chain of events that occurred in this case do not point toward simple negligence and evidence will be presented to support this allegation.”
Thursday’s hearing will include testimony from the lead investigator who will lay out the case against Ross Harris. That officer will be subject to questioning from the defense.
Defense attorney J. Tom Morgan, who’s not connected to this case, said he expects Harris, arrested five hours after his son’s death and incarcerated ever since, to be freed on bond Thursday.
“House arrest at the very least,” said Morgan, noting that Harris appears to meet all of the prerequisites for bond.
“Is he a flight risk? No, he has a job and is married,” he said. “Is he likely to commit a crime while on bond? No. He has no previous criminal record.”
The final test: Is Harris likely to intimidate potential witnesses, including his wife? “I don’t see any evidence that would happen,” Morgan said.
The presiding judge, typically from magistrate court, will then decide if the prosecution has met what Morgan said is a very low threshold of evidence needed to proceed to a grand jury.
“There doesn’t have to be enough evidence for indictment or conviction,” said Morgan, a former DeKalb County District Attorney. Very rarely are such cases dismissed by the judge, he said.
Thursday’s hearing is expected to receive national coverage; CNN, People Magazine and NBC News will be among the outlets attending.
The central question of the case — did Harris act with malicious intent, or was this just a horrible accident — could go unanswered, however. So far, the charges against him, felony murder and second-degree cruelty to children, don’t represent malice.
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