• Lawyers want evidence in hot car death trial thrown out

    Updated:

    COBB COUNTY, Ga. - The Cobb County man accused of leaving his young son in a hot car to die was in court Monday as his lawyers tried to get evidence against him tossed out in the weeks before his murder trial.

    Justin Ross Harris is accused of killing his son, Cooper, by leaving him in a hot car last summer.

    Harris’ lawyers say police illegally gathered evidence seized from his home, car, computers and phones.

    They believe detectives went overboard in applying for search warrants and lied or embellished facts in order to get them.  

    “They simply wanted to look at Mr. Harris’ life. They just wanted to go on a fishing expedition to see what they could find,” defense attorney Bryan Lumpkin said.

    Detectives testified why they asked for certain search warrants and seized certain evidence. One detective said Harris’ phone was taken because he refused to hang up at the crime scene.

    “We asked him to get off the phone and at that point he moved towards an officer in a threatening manner,” detective Jacquelyn Piper said. “Also, we took the phone just so once I place him in the back of my car, I’m responsible for everything that goes in that back seat."

    Besides Cooper’s murder, Harris faces three charges revolving around sexting with a teenage girl.

    In court in October, Harris’ lawyers tried to keep that charge out of the upcoming trial, but prosecutors said it could prove why he killed his son.

    The motions to suppress the evidence in the case could take days.

    Harris’ murder trial is set for Feb. 22. 

    Next Up: