Ross Harris asking for new trial in son’s hot car death

Ross Harris, the Cobb County father convicted of murder for intentionally leaving his son inside his car on a summer day in 2014, is asking for a new trial.

During his 2016 trial, prosecutors claimed Harris murdered his 22-month-old son Cooper because he wanted a child-free life and had planned to divorce his wife. Cooper died of heat stroke in June 2014 after being left inside the car for nearly seven hours while Harris was at work.

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At a virtual motion hearing this morning, in which Harris looked on from Macon State Prison, a defense expert on brain and memory stated he believed Harris suffered a sudden “memory failure” and forgot the child was in the car.

“If we assumed something has happened it actually becomes a false memory that it did happen,” said Dr. David Diamond.

Diamond said he has interviewed dozens of parents who have accidentally left their children in car, in some cases with deadly consequences.

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He said he believes Harris suffered a memory lapse due to stress, insufficient sleep and a change of routine. He said Harris mistakenly thought he had dropped his son off at daycare.

“The parent goes into work certain that the child is in this case, at daycare. So the parent brings that false memory with them to work,” Diamond said.

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Senior Assistant District Attorney Linda Dunikoski noted to Diamond that if the child was left in the car intentionally, none of his theories on “prospective memory” would be relevant to the case.

“That is why the criteria for me is that the findings are consistent with there being a memory failure,” Diamond said.

Former lawyers for Harris say the trial judge and prosecutors wrongfully submitted some evidence, while excluding other legitimate evidence.

The hearing is scheduled to take three days. Harris is serving a life sentence plus 35 years.

Ross Harris expected to appeal life sentence Judge Mary Staley sentenced the 36-year-old father to life without parole plus 32 years for his son’s death in a hot car.