Minute-by-minute updates in the Justin Ross Harris murder trial (Oct. 25)

Court is out for the day. It will resume tomorrow morning around 8:30 a.m. with Kilgore continuing to cross examine Stoddard.

They are now discussing the text messages sent between Harris and his now ex-wife, Leanna Taylor.

Encompassed in the messages is a day in March in 2014. “Daddy-son breakfast. We haven’t in like 2 months,” Harris wrote.

Kilgore is now addressing the routes detectives drove to time how long it could have taken Harris to get to Chick-fil-A, the daycare and the office.

Stoddard said they did the drives with the GoPro at around 10 a.m. in the morning.

Harris made the drive closer to 9 a.m. Stoddard said he was listening to the radio.

In July 2014, Stoddard testified the subreddit as evidence of motive in the alleged murder.

Did you know that the friend set him the link? Kilgore said. I don’t know Kilgore said.

“You discovered that’s not right and you made no report,” Kilgore said. No, Stoddard said.

The detective added: “He went to a reddit called child free.” It’s already been addressed, Stoddard said, and he stands by it.

Now Kilgore is discussing a subreddit thread about living a childfree lifestyle.

At a previous hearing, the prosecution asked Stoddard did he go to any topics that goes toward motive?

The childfree movement advocates for not having more children and not adding to the biomass, Stoddard said.

“That testimony caused quite a scare in the public and the media,” Kilgore said. The prosecution objected and the judge sustained.

In previous testimony in recent weeks, though, another detective testified that Harris never did a Google search about living a childfree lifestyle. He ended up on the subreddit thread because a friend of him sent him a link as a joke. Harris almost immediately responded with “grossness.”

Kilgore is now showing another parking lot video.

This is the zoomed in footage that the prosecution showed the jury yesterday. It’s enhanced to try to making clear what’s happening.

In the video, Harris walks away from his car and pauses, looking at something in his hand, presumably his cell.

Meanwhile, someone is walking by him. To see that person, Harris would have to rotate his head or shoulders and torso, Kilgore said.

“He could use his peripheral vision … just to get a glimpse of him,” Stoddard said.

But that wouldn’t work if the person is behind Harris, Kilgore said.

It’s hard to tell if Harris turns at all, Stoddard admits.

“The video is inconclusive. It is what you see and I leave it at that,” Stoddard said.

Kilgore is now showing another parking lot video.

I’m not stating where his eyes were just that Harris had a clear view, Stoddard said.

Stoddard said that Kilgore corrected him during that very same hearing about Harris’ head not actually being in the car.

“I cleared up your testimony?” Kilgore said. The prosecution objected calling it argumentative.

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Kilgore goes back to the preliminary hearing in July 2014.

You did not tell the magistrate judge that another one of the guys forgot about the Home Depot trip, Kilgore said. No, Stoddard said.

Now, Kilgore is discussing the security video footage of Harris putting the lightbulbs in the SUV. The whole process took less than 5 seconds.

“There’s no lingering or stopping or hesitating … the door closes and he immediately walks away,” Kilgore said.

When Stoddard testified in 2014, he said that Harris opened the driver’s side door and tosses the lightbulbs inside the car. The detective said Harris’ head was inside the car with a clear view of Cooper.

“He’s in there. He has a clear view,” Stoddard testified.

The friend, Winston Milling, initially completely left out Home Depot when he was first interviewed by police. Yes, Stoddard said.

“Y’all had to call (it) to his attention,” Kilgore said. Milling 24 hours after Harris was interviewed had forgotten.

“He had not mentioned it,” Stoddard said.

Milling actually walked into the Home Depot store with Harris and their other friend.

Fair to say Milling wouldn’t have been under the same kind of stress as Harris was when interviewed, “and yet he forgot too,” Kilgore said.

“Yes,” Stoddard replied.

“It is highly unlikely in my opinion that (Harris) forgot,” the detective said. “I would have to admit it was possible – very highly unlikely.”

Harris did that interview just a couple of hours after he had found Cooper and been arrested. That’s a stressful situation, Kilgore said. Yes, Stoddard agreed.

The Home Depot is across the street from the Publix where they had lunch. Harris and two of his friends went to the store.

Harris wasn’t the only one of the three who didn’t mentioned the side trip to Home Depot, Kilgore said. That’s right, Stoddard said.

One of his friends completely forgot didn’t he? Kilgore asked. Stoddard said he could not testify to whether he forgot or not.

As Harris was being interviewed, he told Stoddard that he had gone to lunch with some friends, that they picked him up and that they went to Publix.

“That was true,” Kilgore said. Yes, Stoddard said.

When Stoddard testified about the issue in July 2014, it was an impossibility that Harris forgot to tell him about dropping off the light bulbs in his SUV after returning from lunch. Stoddard said it wasn’t possible Harris had forgotten.

Cooper was strapped in the car seat when Harris had thrown the light bulbs into the car.

Kilgore is now asking about Wesley Houston, a security guard at the Home Depot Treehouse where Harris worked.

The security guard never told Stoddard that Harris told him he was going to the movies. The guard testified earlier in the trial that Harris said that to him.

In the report, it’s Leanna who tells Houston about the movies.

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Stoddard said the warrant could have been worded better. The warrants were rewritten for the same pieces of equipment and then taken out, he said.

Kilgore is returning to his questioning about Det. Murphy.

Officers can apply for warrants online. On the application, they state facts that they know to be true and correct. The detectives can talk to a magistrate judge directly.

A whole bunch of these search warrants were done by Det. Murphy, Kilgore said.

“If you become aware of any misstatements or errors in the case … do you have a mechanism by which to let anyone know about that?” Kilgore said.

And that information has been used to obtain a search warrant.

You can ask for legal advice from the district attorney’s office, Stoddard said. Or you can ask for a new search warrant, the detective explained.

The jury is now returning to the courtroom for testimony.

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Let’s talk about the media, Staley Clark said. “No jurors are to be depicted in anyway by the media,” she said. And they need to be at an appropriate distance.

Kilgore wants a court reporter there for the viewing, as well for it to be recorded on video. The prosecution doesn’t have an objection to the court reporter. The judge has denied the request for the videographer.

Once we know where the sheriff wants to place it, then specific concerns can be raised, the judge said.

I want to make sure there are no trial witness within eyeshot of the jury, including law enforcement officers, including Det. Stoddard, Kilgore said.

The prosecution is asking for an exemption for Stoddard, which the Staley Clark says she’ll allow, otherwise no other witnesses can be present.

Kilgore’s initial concern with having the jurors view it at the courthouse is the media taking photos.

“You all are putting the cart ahead of the horse. The media is not a concern at this point,” Superior Court Judge Mary Staley Clark.

The sheriff is going to suggest where the car should be for viewing.

Part two of Kilgore’s concern about the viewing is contrary to the motion filed by the state on April 11, 2016. That motion was the car seat could be put in the car and viewed at the crime scene. Bringing the car to Brunswick is not that.

This is inviting jurors walking up to the car to substitute their view of the car seat for what Harris was able to see or in a position to see, Kilgore said. “That’s inappropriate.”

The prosecutor said the previous motion was to allow the jury to see the crime scene.

“The crime scene is that car seat in that vehicle,” he said.

Harris can always change his mind.

Are you satisfied with your attorneys’ representation of you” on this narrow issues, the judge asked Harris. He replied yes.

The defense has objected to the jury viewing the vehicle but the judge is allowing it. It will be driven to the courthouse for the jury to view. There are at least two locations that are suitable, the prosecution said.

Harris waived his right to be in attendance when the jury goes to view the SUV.

Court is back in session.

Court is taking its afternoon break.

“You worked closely hand-in-hand on this case didn’t you?” Kilgore said. Yes, Stoddard replied.

They sat close to each other in the office. Do you have the ability to apply for a search warrant over the internet? Kilgore asked. Is your desk in close proximity to that area?

“It was a few rows away,” Stoddard said.

Stoddard said he could not hear or see people who were applying for search warrant.

Kilgore is going over the various duties Murphy had in the case, such as getting warrants, obtaining medical records and conducting interviews.

Kilgore is asking about another detective on the case, Sean Murphy.

Do you even know how many search warrants Murphy was responsible for obtaining, Kilgore asked. Over 20, Stoddard said.

Stoddard said he would need to look at his notes to answer particular questions.

You’re the lead detective in the case, “You either know it or you don’t,” Kilgore said.

“That doesn’t me I have to memorize everything,” Stoddard said.

The PSA does not in any way talk about a child in a hot car, Kilgore said.

Harris made that leap. Harris said: “That would be terrible if my son was in the car,” Stoddard said.

“You can’t do that and I watch … I watched that and I’m like that would be terrible if my son was in the car. I hate that,” Stoddard said.

Kilgore pointed out, however, that Harris never said and there was no evidence of him Googling hot car death or anything similar. That’s contradictory to what Stoddard initially testified happened.

In July 2014, Stoddard testified that Harris viewed the video twice. Yes, the detective said.

“That was sworn testimony under oath and yesterday you testified a little bit differently,” Kilgore said.

Yesterday, Stoddard said he did not know if Harris had watched the whole video one or times. Stoddard said he had not read the full report from an expert who looked at Harris’ searches.

“If you read it on the screen, it says it was accessed twice. We didn’t know what that meant,” Stoddard said.

He could not have viewed that five or six minute video twice, Kilgore said, because the two searches were 1 second apart.

There was no web search that got him to that video, Kilgore said.

He never typed search terms for death or a hot car, Kilgore said, which Stoddard had originally testified too. New information came to light, Stoddard said.

Harris did not such searchers, Stoddard agreed.

The video appeared on Harris’ Reddit home page and he clicked on a link, Kilgore said.

“The video appears to have come from Reddit,” Stoddard said.

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They are now discussing the public service announcement shown to the jury yesterday. It is of a veterinarian who sat in a hot car to show people how quickly a car could heat up even if the windows are cracked.

Harris told the detective about the PSA when he was initially interviewed.

Kilgore is now discussing Harris searching on the web for child passport costs. Harris was doing these searches shortly after midnight on June 18.

“Is Harris intention’ to go with a cruise with his son is consistent with loving his son and wanted to spend time with him,” Kilgore said.

“I don’t know what his intent was,” Stoddard responded.

Did you ever interview her? Kilgore asked. No, Stoddard said. Neither did any other detectives.

Did you look her up or research her in any way? Kilgore said. No, the detective said.

You tracked down women who Harris sexted with but you didn’t try and contact the travel agent who he was communicating the day before and the day of Cooper’s death?

“Did you just not talk to the travel agent because it “didn’t fit your theory,” Kilgore asked.

“No,” Stoddard responded.

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Harris also searched for four phrases that day asking about kids policies on cruises and if kids cruise free. On June 18, Harris searched for terms about a grand suite on a cruise ship.

The day before Cooper died Harris emailed the travel agent asking for information on family cruises

“Heather, my family is looking to go on a cruise around mid-October … that includes Leanna, Cooper and I … Cooper is the only toddler,” Harris wrote.

“Planning a cruise in the future with your son is inconsistent with a plan to murder him the next day?” Kilgore said.

Stoddard responded that Harris hadn’t contacted the travel agent up to that point. It was the travel agent who reached out to him that day, after there was a lull in his researching cruises, the detective said.

The objective evidence is that he sent an email to his travel agent planning a vacation with his boy.

Harris lives several miles away from Little Apron, Kilgore said, significantly farther than Chick-fil-A to the daycare.

Cooper would usually either eat at home or at the daycare.

Kilgore is now discussing the fact that Harris was considering going on a family cruise with his wife, Cooper and other family members.

On June 9, 2014, there is a group text discussing the cruise. Harris initiated the messaging saying: “Let’s talk about a cruise. I want this to happen bad.”

Harris’ brother responds, okay. And Harris says he has a friend who is a travel agent who could see what kind of deals they could get.

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Kilgore is now presenting video footage of the lobby at Little Apron Academy, Cooper’s daycare.

On June 17, 2014, Cooper was awake when Harris enters the building. On June 2, when Harris brings him in, it appears he is asleep. Again, Cooper is sleeping on June 4, arms and legs dangling. On June 10, Cooper is awake and walks in with Harris. The next day, he’s asleep. And on another day he is asleep yet again.

Cooper was asleep four of the six days. “Apparently asleep,” Stoddard said.

It was certainly not uncommon for Cooper to be asleep in the morning, Kilgore said.

If someone heard something, they would have come forward, Stoddard said. That’s fair, Kilgore said. Nobody notified law enforcement that they heard or saw anything.

Kilgore asks about the video of Harris pulling into the lot the morning of Cooper’s death. Harris sits in his car for about 30 seconds before getting out and heading into work.

Surveillance from June 3, 2014, shows that it took Harris 30 seconds to get his stuff together and exit the vehicle.

“You don’t disagree that just weeks earlier it also took him 30 seconds,” Kilgore said. Stoddard agreed.

There is another business that also uses the Home Depot parking lot.

Home Depot wasn’t able to help him. Stoddard didn’t include asking for the company’s help in trying to identify the individuals.

Kilgore asked if Stoddard talked to the business next door too that shares the lot. He did not.

It wouldn’t have been that hard to go to that business who drives a certain vehicle and when they came in, Kilgore said. That’s way too broad, Stoddard said, adding that the business didn’t have video surveillance in the lobby.

At least a few of the people in the video, walked in very close proximity to Harris’ car, almost right up next to it, Kilgore said. Yes, sir, Stoddard replied.

If there had been any noise, would they have been able to hear something? Kilgore asked.

“I think that calls for too much speculation,” Stoddard said.

Kilgore is showing video of the parking lot where Harris’ SUV was parked with Cooper strapped inside.

A man can be seen, walking by the car and standing behind the rear for several seconds and walks on.

Other video segments from that morning show other people walking past Harris’ car.

Stoddard said that they tried to identify several of those individuals but weren’t able to.

Court is back in session.

Court is now in recess for lunch.

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Kilgore is now showing video of the Home Depot parking lot.

Harris parked around 9:25 a.m. the morning of Cooper’s death

A woman walked past Harris’ car. Detectives were not able to identify her.

Kilgore is now discussing the security footage at the Home Depot Treehouse office where Harris worked.

Harris had every reason in the world to know that the parking lot was monitored by video cameras, Kilgore said. Yes, Stoddard responded.

There were two parking spaces available along a wood line that would have made it more difficult for people to see inside the car. Harris though did not park there.

“He had the opportunity to do that … and he didn’t do that did he?” Kilgore said.

Harris was in custody at 4:27 p.m., so he was sitting in the patrol car at the time of the call.

Isn’t it possible that when the officers were fumbling with his phone that they hit redial on the number that Harris had called earlier – the main Home Depot line.

Harris told detectives that he had tried to call Little Aprons. So, Kilgore is making the point, that it is possible detectives accidentally redialed the main Home Depot line. If that happened, and no one dialed an extension for Little Aprons, it’s possible that the phone call could have just gone on for the 5-plus minute period.

Kilgore is now discussing Harris’ call log the day of Cooper’s death. He brings up the call made at 4:25 p.m. He calls the main Home Depot corporate line twice around that time. The call lasted a little over 5 minutes.

The prosecution has asserted that Harris called Cooper’s classroom at the daycare.

They interviewed Cooper’s teacher, the only person in the room at the time. She has testified that the phone in the room did not ring and she never talked to Harris.

There is no evidence that she spoke to Harris, Stoddard agreed.

There are other responders at the scene, including an investigator.

“You’re aware he just smelled a diaper,” Kilgore said. “A dirty diaper,” Stoddard responded.

Other responders did not report a smell, including police officers and firemen.

Two other people said they also smelled an odor, Stoddard’s boss and another police officer. One crime scene investigator also reported that he smelled urine.

Do you know what “confirmation bias” is, Kilgore asked. No, Stoddard said.

“Everybody has a different sense of smell don’t they? Isn’t is possible that Ross did not smell that?” Kilgore said.

“Of course it’s possible,” Stoddard replied.

Stoddard requested health from the FBI. They gave him articles about parents forgetting their children in cars.

The articles included ones written by an expert, David Diamond, who the defense plans to call as a witness in this case.

Kilgore is now asking questions about Stoddard’s testimony that he detected a smell of death.

“You didn’t smell anything on the scene?” Kilgore asked. “No, sir,” Stoddard replied.

Stoddard got in the car later that night, roughly six hours later. At that time, the car was in the evidence shed at the police department.

In 2014, Stoddard testified that there was a foul odor that smelled like decomposition. “Yesterday when you testified, you kind of backed off that a little bit,” Kilgore said.

Stoddard said he didn’t mean decomposition in the scientific sense. He said he meant he smelled “death” not decomp.

Another officer said he smelled an odor of “death” at the scene.

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Credit: WSB-TV

Now Kilgore is asking about Harris’ Whisper messaging the day of Cooper’s death.

Harris says Cooper is “awesome,” in the exchange.

That is inconsistent with malice or hatred for the individual he’s talking about,” Kilgore said.

Yes, on the Whisper, correct, Stoddard said.

It seems like Harris is clueless that his son is in the car at the time.

“Or it could be a reminder that Cooper is outside in the car … It could go either way,” Stoddard said. “I believe it should be a reminder that your son is outside in the car.”

Kilgore continues to question Stoddard about Harris' actions at the scene.

“Being handcuffed and placed in a police cruiser can create an attitude adjustment. It can be a very sobering thing,” Kilgore said. It can be, Stoddard replied.

He goes from a very emotional state to a very sobering state. Isn’t that what police want and expect when they’re dealing with someone at the scene who is being disruptive? Kilgore asked. Yes, Stoddard said.

Harris had yelled at a police officer before being placed in handcuffs.

The patrol car Harris was in was facing away from the scene. If Harris was looking straight ahead, he’d being looking away from the SUV and Cooper’s body. Harris turned around in the backseat to look out the back window, in the direction of the scene.

“Isn’t that a natural reaction if you’re driven away from the scene where your child is deceased?” Kilgore asked. “Possibly,” Stoddard said.

It’d be weird if he stared straight ahead, Kilgore said. No, it wouldn’t be weird, Stoddard said.

If he was in shock, it would make sense for him to be staring straight forward, Stoddard testified.

Court is back in session.

Court is taking a morning break.

At the crime scene witnesses said they saw Harris wailing and said he had briefly attempted CPR, Kilgore pointed out.

An officer also told everyone to back away from Cooper’s body. Harris, Kilgore said, also was put into custody and into a patrol call almost immediately

“It doesn’t mean he didn’t have an emotional reaction in the car,” Kilgore said “You just didn’t see it.”

Kilgore challenged Stoddard’s assertion that there was a smell of death. Previous expert testimony has said that it was too soon for any odor of decomposition to be present.

“You could smell the diaper of a child,” Stoddard said, as well as sweat.

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Credit: WSB-TV

Kilgore is now discussing the Evernote Harris took during a church sermon that Stoddard previously testified about. It read: “Desire is > sin > than death.”

Did you contact the pastor at Harris’ to ask what the sermon was about that day? Kilgore said. No, Stoddard replied.

Isn’t it possible that the sermon was about desire leading to sin and that leads to spiritual death? Kilgore said.

“Isn’t that what it actually means?” Kilgore said.

It could, Stoddard said.

You identified where the Whisper and Kik apps were on Harris’ phone

There’s no doubt Ross was running around on his wife,” There’s no question Ross didn’t want his wife to know about that,” Kilgore said.

Very true, Stoddard testified.

Hiding the apps would make sense in trying to prevent his wife from finding out, Kilgore said. “But Harris did not delete those apps on the day Cooper died.”

He also didn’t delete thousands of lurid photos and texts.

“He added to the filth on the 18th, didn’t he?” Kilgore said. “Yes, sir,” Stoddard replied.

Harris asked a woman on the day of Cooper’s death to perform fellatio on him. They had done so previously in his car.

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Credit: WSB-TV

Kilgore showed Stoddard a photo of Cooper that Harris took.

“But on that same gallery there is a picture of his exposed, erect penis … on the same page of his phone. It says ‘double life,’” Stoddard said.

“Are you done? Are you finished with your speech?” Kilgore says.

Taking Cooper to Chick-fil-A is a sign of a father wanting to spend time with his son, Kilgore said. Yes, Stoddard replied.

The restaurant manager “observed father and son appeared enjoying time together,” Kilgore said. Yes, Stoddard said.

The women Harris sexted and had affairs with also never heard Harris say bad things about Cooper.

If there was any suspicion or history of abuse or neglect, that would be reflected in the police report? Kilgore said.

“No one reported to me any history of abuse or neglect,” Stoddard said.

Your testimony is that Harris’ activities on Whisper and Kik are evidence of abuse and neglect of Cooper, Kilgore said.

It led up to the death of Coop,” Stoddard said.

Let’s look at the objective evidence of Harris’ relationship with Cooper, Kilgore said.

Harris spent time at Little Aprons with Cooper, attending special events. He once brought his dad to the daycare to show off Cooper. Sometimes Harris would show up at the center in the middle of the day just to hang out with his son.

On Det. Phil Stoddard’s third day on the stand, the defense begins its cross-examination.

Stoddard first came on the case the day of Cooper’s death.

“In that 28 months, have you located any witness to whom Ross expressed malice or hatred toward his son Cooper?” Kilgore asked.

“No sir,” Stoddard said.

“You have found lots of evidence that he was unfaithful,” Kilgore said. Yes, Stoddard replied.

Cooper spent a lot of time at Little Aprons Academy, Kilgore said, where Stoddard interviewed the workers.

They said he was a loving, caring farther, Kilgore said.

“He wasn’t a drop-and-go parent. He actually went into the room” with Cooper and spent some time with him, Kilgore said.

There was no suspicion of abuse or neglect, Kilgore said.

9:45 a.m.

The defense is now preparing to cross examine Stoddard.

Stoddard also took photos of text message Harris and Leanna exchanged the morning of Cooper’s death.

“Get to work ok?” Leanna texts that morning. Cooper’s name appears above the text.

Stoddard also examined Harris’ phone for applications. Boring is showing photos of Harris’ screen, showing financial apps, a map, a calculator and other apps.

Stoddard did not initially find the Whisper and Kik apps that he used to sext women.

They’re actually under a separate screen that is labeled weather. They were hidden, Stoddard said.

Boring is now showing photos of Harris’ phone, showing phone call information

On the day of Cooper’s death, he has a missed call from his wife 3:49 p.m. Harris called her back with the call lasting 1 minute on the same day. He misses another call from Leanna at 4:25 p.m.

In another conversation, a woman jokes about Lent, the religious holiday where people give up something for 30 days.

“I’m a lead guitar player at church. I’m not giving up (expletive),” Harris says.

“What are you afraid of the church judging you or God?” she asks.

“Neither,” he says. “I know I just lead quite a double life.”

He calls this a problem but says that he loves it.

On March 30, 2014, he has another conversation.

A woman asks how long he’s been with “his girl.” Harris asks if she’s single, and she says yes.

Harris says he’s jealous of her. “My bad side wants to be single sometimes," he says.

In January 2014, Harris has another conversation with a woman who says she’s thinking about leaving her husband.

“That sucks,” Harris responds.

"Get a divorce. I might.” Harris says and admits to being a cheater. He also tells her that he’s addicted to sex.

“I’d (expletive) you if you wanted … See I’m terrible,” Harris says.

In a separate chat, Harris says sex helps relieve his anxiety. He says he keeps his “two lives” separate. Sex with strangers, he says, keeps himself sane.

9:10 a.m.

Boring presents notes taken on an app called Evernote. It has written on it “Anatomy of temptation. Desire is > sin > than death.” Goring also shows more Whisper messages Harris sent to women. Stoddard reads from one exchange on the morning of Cooper’s death after the boy had already been left in the SUV. One person writes, “Having an extremely boring slow day. Can anyone make the day go faster?” At 10: 46 a.m. Harris respond, “My day just started too.” Around 11:17 a.m. Harris calls Cooper “awesome.”

Court is back in session. Prosecutor Chuck Boring continues to question Det. Phil Stoddard.