Public may have turned, but jurists see holes in case against Georgia dadBy Christian Boone of The Atlanta Journal-Constitution
ATLANTA — For three relentless hours, Ross Harris served as a prosecutor's punching bag, his reputation leveled by one broadside after another.
By the time the recent probable cause hearing was over, he had become one of the nation's most infamous defendants — accused of intentionally leaving his toddler son in a sweltering SUV long enough to die.
But, while the public may have made up its mind about the baby-faced IT specialist, charged with felony murder and second-degree cruelty to children, legal experts say the case against him, while solid, is no slam dunk, especially if the charges are upgraded to indicate malice.
"Look at Casey Anthony," said jury consultant Jeri Cagle, referring to the Florida mother found not guilty of killing her 3-year-old daughter despite what prosecutors thought was overwhelming evidence.
Harris, 33, contends he mistakenly left his 22-month-old son Cooper locked in his car seat for seven hours as temperatures inside the 2011 Hyundai Tuscon soared above 130 degrees.
The case has generated headlines worldwide, and with good reason. According to those who track the number of children who have died when left in hot cars, this is the first time a parent or guardian has ever been accused of doing so on purpose.
"This is unprecedented," said Janette Fennell, president and founder of the advocacy group KidsAndCars.org. "I've examined over 700 cases in my career, and I've never heard of this before."
Cobb Assistant District Attorney Chuck Boring said at last week's hearing that evidence presented "has shown this was intentional." However, the charges don't yet reflect that.
Veteran criminal defense attorney Steve Sadow said the defense should push the prosecution to make up its mind on the issue of malice.
"I would want them to take a stand," Sadow said. "And, if they didn't, I'd exploit that. If they can't make up their mind, that indicates they can't prove it."
Upping the charges raises the bar on the prosecution. "I'd be hoping for that if I was the representing him," Sadow said. Charging Harris with intent to kill would make the defense's job a little easier, he said.
By doing so, the prosecution would, in essence, identify Harris as "a monster" without peer, said former DeKalb County District Attorney J. Tom Morgan.
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