In what may be the pivotal cross-examination of the hot-car death trial, Ross Harris' defense attorney on Tuesday accused the lead police investigator of ignoring evidence contradicting his theory that Harris purposely killed his son.
Cobb County Police Detective Phil Stoddard spent a tense four hours under cross-examination, holding firm on some points while conceding others. Attacking Stoddard's credibility is a crucial part of the defense's strategy, one established in lawyer Maddox Kilgore's opening statement when he asserted that the detective had spread misinformation about his client and the evidence against him.
The veteran investigator admitted that Harris had not searched for a video in which a veterinarian demonstrated the dangers faced by animals locked in hot cars, as previously asserted. But he refused to back down from his claim that Harris had sought out a web discussion extolling the virtues of a child-free lifestyle. The detective stood firm despite testimony last week by a Harris co-worker who said he told the former Home Depot web developer about the online group.
“He went to a Reddit (discussion website) that advocated child-free. We’ve been through this,” Stoddard responded.
Police had initially framed the online visit as a motive in the death of 22-month-old Cooper, who was left strapped inside his car seat in the back of Harris' SUV for seven hours on June 18, 2014. The prosecution contends Harris wanted a life free of the encumbrances of family. But Harris insists Cooper's death was a horrible accident.
Kilgore repeatedly pressed Stoddard to explain why evidence that might have indicated Harris unintentionally left his son in the hot car was ignored or minimized. He asked, for instance, why the detective never interviewed the travel agent Harris had texted the day before Cooper's death. They were discussing a family cruise Harris was planning with siblings.
“The objective evidence is he sent an email on the 17th to a travel agent specifically inquiring about a family cruise, which included his son,” Kilgore said. “Objectively, if he was planning a cruise in the future with his son, that would be inconsistent to murdering his son the next day.”
Earlier Tuesday, Stoddard admitted he had not completely read a report on Harris' web searches conducted by an independent contractor.
Investigators rushed to judgment, the defense has argued, bringing charges against Harris because they didn't like how he reacted to his son's death.
“If he had cried more or harder it would’ve been more sincere to you?” Kilgore asked Stoddard.
"He just had a major emotional moment," the detective said. "I think a catatonic state, where you're just looking straight ahead, would be normal."
Stoddard also conceded Tuesday, under questioning from Kilgore, that Harris may not have smelled a foul odor emanating from the back seat of his SUV after his son Cooper’s death.
Harris told police he drove a few miles before noticing his son's lifeless body out of the corner of his eye. Investigators have implied Harris should have noticed the smell, originally characterized by Stoddard as a stench related to decomposition, as soon as he got into his car, which was parked in the Home Depot Treehouse office parking lot.
About three hours into the toddler's ordeal, Harris stopped by his Hyundai Tucson to drop off some light bulbs. That brief portion of the day's timeline has become increasingly important to both sides as the trial has progressed.
Video introduced by the state showed Harris pause when asked to recount the day, skipping over the lunchtime stop at his car.
"It is highly unlikely that he forgot," Stoddard said Tuesday. "All things being equal I would have to admit it's possible. But very highly unlikely."
Stoddard eventually backed off a claim he made in July 2014 that Harris entered the car when he dropped off the light bulbs.
“He’s in there. He has a clear view,” Stoddard said then. He admitted Tuesday that Harris’ head stayed above the roof of the car.
But he was not ready to rebut previous testimony that Harris watched anxiously as a passerby approached his car — the implication being that Harris knew Cooper was inside and was afraid someone might notice.
“It’s hard to tell,” said Stoddard, adding it is possible Harris watched the person through his peripheral vision.
Kilgore’s cross-examination of Stoddard will continue Wednesday. A lengthy re-direct by the prosecution is likely to follow.
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