Hot car death: Mistake or murder?

Ross Harris’ attorney, Maddox Kilgore, has not shared his defense strategy and declined comment for this article. An investigation by The Atlanta Journal-Constitution published last year revealed that police appeared to overstate some of the evidence introduced during the probable cause hearing.

Maddox Kilgore (left), defense attorney for Justin Ross Harris, gives a statement on the indictment against Harris during a press conference at the Cobb County Courthouse September 4, 2014. PHOTO: Kent D. Johnson / AJC

Surveillance footage in the Home Depot parking lot where Cooper Harris died showed that Ross Harris sat in his Hyundai Tucson less than 15 seconds — not 30 seconds, as lead Det. Phil Stoddard testified — after parking it that morning, before heading into work.

Cobb Police Public Information Officer Michael Bowman talks to members of the media Wednesday evening June 25, 2014, about the investigation PHOTO: Ben Gray / AJC

Stoddard also testified Ross Harris had a “clear view” inside his SUV when he stopped by to drop off a package during his lunch hour. But the video reviewed by the AJC shows that Harris’ eyes remain above the SUV’s roof line in the three seconds it took for him to open the door, place the package inside and close the door.

Judge Mary Staley makes remarks during a Cobb County Superior Court hearing, February 18, 2015. The state was seeking to restrict access to public records pertaining to the Ross Harris case. PHOTO: Kent D. Johnson / AJC

DOCUMENT: Letter from Cobb Police Chief John Houser

Defense attorney Maddox Kilgore makes remarks during the hearing before Cobb County Superior Court Judge Mary Staley, February 18, 2015. PHOTO: Kent D. Johnson / AJC

The detective further insinuated that Harris, concerned a passerby might see his son inside the vehicle, stopped and waited for the man to enter the office building. The video shows that Harris did stop briefly, but his eyes stayed on his cell phone, which he operated with his free hand. He never looked back at the man who walked past his car.

Ross Harris' brother, Michael Baygents, testifies during a July 3 probable cause hearing in Cobb County Magistrate Court. PHOTO: Kelly J. Huff/Marietta Daily Journal

Dunwoody attorney Esther Panitch said she expects the defense to argue “this is a witch hunt. They had it in for him from the beginning.”

Ross Harris is escorted out of Cobb County Magistrate Court after he was denied bond, July 3, 2014, in Marietta. PHOTO: Kelly J. Huff / Marietta Daily Journal-Pool

Zimmerman, Leanna Harris’ attorney, said if the district attorney has nothing on his client, he should say so publicly.

Leanna Harris arrives for her husband's bond hearing in Cobb County Magistrate Court, July 3, 2014.
PHOTO: Kelly J. Huff / Marietta Daily Journal-Pool

“They’ve ruined her name with the bold accusations, taking statements she made out of context,” Zimmerman said. “There’s still people out there who think she had something to do with this. In fact there will always be people who think she did it.”

The AJC's Sunday front page for July 6, 2014.

“There’s no reason for them not to clear Leanna Harris,” he said.

PayPal issued refunds to those that used its service to donate to the family of Ross Harris. FAMILY PHOTO

DOCUMENT: View the indictment against Ross Harris

Panitch said prosecutors may try to elicit testimony they could later use against Leanna Harris if she takes the stand to testify on her husband’s behalf.

“No good deed could go unpunished,” she said. “If she testifies to try and help her husband, it could open her up to cross-examination.”

The prosecution has the advantage, Panitch said, if for no other reason than “jurors are going to want to hold someone responsible for this child’s death. This child felt great pain and suffered greatly.”

No one knows that more than his parents, Balfour said.

“He’ll be questioning what he did that day for the rest of his life,” she said. “It’s been eight years, and I still question what happened every day of my life.

“It’s a pain that never goes away.”

VIDEO: A father tries to prevent hot car deaths

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