Jury deliberations begin in Ross Harris hot car death trial

GLYNN COUNTY, Ga. — Jurors began their deliberations Tuesday morning in the Ross Harris hot car death trial.

Harris is accused of killing his 22-month-old son, Cooper, by intentionally leaving the toddler inside a hot car for nearly seven hours in June 2014. He is facing eight charges, including malice murder.

Channel 2’s Ross Cavitt and Carl Willis are in Brunswick, where the trial is being held. They will have updates from inside the courtroom on Channel 2 Action News.

Judge Mary Staley gave her charge to the jury Monday afternoon. The charge is the list of instructions concerning the law that applies to the facts of the case.

The jurors were provided a copy of the charge, along with all the evidence that was introduced in the case.

Lawyers spent Tuesday morning preparing the 1,150 pieces of evidence that was handed over to the jury. Lawyers argued over a few pieces of evidence, including police reports and Harris' cellphone. Lawyers agreed that if jurors want to view Harris' phone, they must do it in the courtroom and not the jury room. Staley ruled that the police reports could be sent back with jurors.

Jurors left at noon on Tuesday so they could vote.

Lawyers gave their closing arguments Monday.

Prosecutors argued that Harris killed his son because he wanted an escape.

Assistant district attorney Chuck Boring told jurors he’s not trying to prove that Harris had “ill-will or hatred” towards Cooper.

“It’s just that he loved himself and his other obsession more than that little boy,” Boring said.

Boring talked about Harris’ drive to work that morning, telling jurors, “There’s no way he missed that child.”

“He pulled into that parking lot with his son inches away, pulled in and sat there for 30 seconds before closing the door on that little boy’s life,” he said.

Boring argued that Harris though he would get away with it and become an advocate, but he couldn’t fool detectives.

"It was the only manner in which he could escape his son and in some sick, selfish, perverted, grandiose manner, became an advocate and get attention in that manner," Boring said.

The defense countered that Harris had nothing to gain from Cooper’s death.

"I think it's become clear that Ross treasured Cooper and had no reason, no reason, no reason to kill him," defense attorney Maddox Kilgore said.

Harris wept in court as Kilgore replayed a home video of Harris and Cooper.

Kilgore told jurors that the state’s theory about Harris wanting to escape and live his “other life” is flawed because Harris was already doing what he wanted to do. He said even if there was a double life, one thing was the same.

"In both of these lives the state wants to tell you about, there's something that's the same, and that's that he loved that little boy," Kilgore said.

Both sides then told jurors that it is up to them to serve justice in this case.

"Justice isn't served only by finding someone guilty. Justice is doing what's right,” Kilgore said.

"The evidence speaks for Cooper. It can't bring him back, but what can be done is justice and you as a jury have the opportunity to do that justice,” Boring countered.

Both sides went count-by-count telling jurors why they should or should not find Harris guilty. Here's a breakdown of what they said:

Count 1: Malice Murder – Prosecutors argued that malice murder means killing without justification, excuse or mitigation with malice aforethought. "There is no excuse" for that little boy's death, Boring told jurors. He said they do not have to prove premeditation for malice murder. Kilgore argued that there was absolutely no malice in this case, and that Harris truly believed that his son was at day care. "Mistake of fact is not a crime."

Count 2: Felony Murder – Prosecutors said counts 2 and 4 go together. They do not have a requirement of an intent to kill, but do require malice. Boring argued that by knowingly leaving his child inside the car, he is guilty of felony murder. The defense countered that Harris had no reason to kill his son and that Harris did not intend to cause Cooper harm.

Count 3: Felony Murder – Prosecutors said counts 3 and 5 go together. He said for these counts there is not intent to kill or malice needed to convict, just criminal negligence. He argued that at a minimum, Harris is guilty of being negligent. "This isn't an accident because there is at a minimum criminal negligence and evidence shows there was criminal intent," Boring said. The defense argues that in order for Harris to be guilty of negligence, he would have had to know that Cooper was still in his car. "If he doesn't know, there's no way it can be criminal negligence." He said Harris did not realize his actions were causing his son's death.

Count 4: 1st degree Cruelty to Children – See count 2

Count 5: 2nd degree Cruelty to Children – See count 3

Count 6: Criminal Attempt to Commit a Felony, to wit: Sexual Exploitation of Children – Prosecutors argued that Harris is clearly guilty of this count. He said Harris asked a 16-year-old to send him a picture of her genitals at least six times. The defense did not talk about this count in closing argument, except to say if jurors find Harris guilty of counts 6 through 8, Harris will "reap the whirlwind."

Count 7: Dissemination of Harmful Material to Minors – Prosecutors said Harris "coached a 16-year-old on how to perform oral sex" and there are text messages to prove it. He told jurors there's no doubt Harris is guilty of this charge. The defense did not talk about this count in closing argument, except to say if jurors find Harris guilty of counts 6 through 8, Harris will "reap the whirlwind."

Count 8: Dissemination of Harmful Material to Minors – Prosecutors said this count differs from count 7 because it deals with actual photos that were sent through text. He said Harris sent a minor photos of his genitals, which makes him guilty on this count as well. The defense did not talk about this count in closing argument, except to say if jurors find Harris guilty of counts 6 through 8, Harris will "reap the whirlwind."

As soon as a verdict is returned, you can watch it LIVE on Channel 2 and WSBTV.com/Ross-Harris-Trial. There you can also find minute-by-minute coverage as well as a daily summary from each day of the trial. Like Ross Harris Updates on Facebook and follow @RossHarrisTrial on Twitter for updates as jurors deliberate.

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