Father convicted in son’s hot car death seeks new trial

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    Cobb County, GA (WGCL) — Cobb County Superior Court Judge Mary Staley Clark held a motion hearing via Zoom Monday.

The legal team for Justin Ross Harris is asking for a new trial and called neurological expert Dr. David Diamond to testify that Harris experienced a memory failure the day his son died in a hot car.

“In general, what I have found in cases is that something goes on during the drive that can be a powerful distractor and that contributes to why people forget to do something out of habit,” Diamond said.

Harris tragically left his 22-month-old son Cooper in a smoldering car in 2014. Harris said it was an honest mistake.

“He was rather stressed that morning about that early morning meeting,” Diamond said.

Diamond argued the human brain is vulnerable to distraction and is easily impacted by stress and sleep deprivation, which he said Harris was experiencing at the time. That said, the state cross-examined Dr. Diamond and tried to poke holes in his credibility.

“So, you met with Mr. Harris for 1-2 hours along with Mr. Kilgore, Mr. Rodriguez and an investigator in anticipation of becoming an expert for Mr. Harris and you didn’t take any handwritten notes,” Cobb County Assistant District Attorney Linda Dunikoski asked. “That’s correct,” Diamond responded.

Evelyn and Reggie Harris spoke exclusively to CBS46 last month and say their son was a good father who made a tragic mistake and deserves a new trial.

“Any of the family that you were to talk to would tell you Ross Harris didn’t do that. Not on purpose,” Evelyn Harris said.

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