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In the days after and even the day of her son s death when she went to pick him up from day care. we heard that she had said, oh, he must have left him in the car, he s not here. and that had a lot of people s ears perking up. we ll talk about leann that harris and her involvement or potential involvement in this case. richard, first, sexting, web searches, how will some of these details, true or not, impact the case in trial? well, the prosecutors actually have to be pretty careful with that. although it s sensational and it really paints a very bad character portrait there, jurors can be quite critical and say, are you using this evidence just to try to emotionally move us to try and convict this guy? and it can have a backlash effect for the prosecutors. i do want to say this about the mother is that, to a certain extent, she is on trial as well. and she may very well be the most important witness in this entire thing, because they will, to a certain extent, depending upon live ....
And i think what the father s argument was, that he had spent all this quality time with coop where he was strapping him in, actually goes against him. because that means that he had a meaningful interaction with his son less than a minute prior to that. richard, you ve been a consultant for the defense in some big cases, like the casey anthony trial. as we start to see the prosecution here sort of laying out its case, even though this was just a probable cause hearing, do you see anything or hear anything that they presented as being sort of a slam dunk for prosecutors or insurmountable for the defense? well, let s not make any mistake, the trial has actually already begun. jurors and prospective jurors that will eventually be called are hearing this. obviously at a lot of volume right now. i don t see a slam dunk. in fact, some of this pretrial publicity and some of this stuff could actually work against the prosecutors. they have to be real careful, especially with the motive an ....
Hearings, hearsay is allowed so they only have to call the detective. he s able to say, yes, i talked to these girls he was sexting with, this is what they told me. that s standard hearsay. what will happen at trial is those women will take the stand. you will see most of this evidence come in. i fully expect the defense to file a motion in limb 98. you saw how hard they were fighting. objecting over and over, saying this isn t relevant, it s too far afield. the judge may carve it down a little bit. he may say, i ll let you talk about the actions two weeks before or a month before but you can t go back a year. we might not hear all of it but we will hear substantial amounts of it and anything that was close in time we re going to hear straight from the horse s mouth. we re going to see those women, find out who they are. and we ll hear more exact words straight from them in terms of what exactly transspired. richard, we know there s been intense media coverage of this story, do you t ....
Probable cause hearings. it happens. so instead, it takes on a secondary meaning for defense attorneys. and that meaning is, get as much discovery, as much testimony, as much information as you can out of the lead detective and any other witnesses they call. and you saw the defense do just that. they are locking in that lead investigator on his testimony so that later on at trial, he cannot add to or vary or deviate from that testimony. that becomes a secondary and probably more important purpose for a defense attorney of a probable cause or preliminary hearing. get as much discovery as you can before the judge shuts you down. strategic, then. very strategic. and speaking of strategy, ju judy, how important is hearing from people who know harris? we heard from a lot of eyewitnesses so to speak. not eyewitnesses but character witnesses in this case. testifying on behalf of justin ross harris. it s very important. because people need to see a more human side of this person. ....
Or not, be judging his conduct through her. and to a certain extent, jurors will be looking at the reflection of the family unit as a whole to see whether there s something truly forgetful or something so dysfunctional that both of them actually wanted to be rid of the child. so it s a very interesting dynamic. it s a family really that s on trial, the whole thing. and in fact, that leads us right into what we want to talk about on the other side of the break. some say it s shock, others say it s proof that they re guilty. everyone s eyes are on justin and leann that harris and the emotions they do or do not display. in-depth analysis of their reactions up next. life with crohn s disease or ulcerative colitis ....