Hot Car Death: Can Justin Ross Harris Get a Fair Trial?

MARIETTA, GA -- As the jury selection process winds down in the trial of a father accused of intentionally leaving his infant son in a hot car to die, jury pool expert Terry Rathmann says some jurors may not wait until the trial's end to make up their minds.

"And if juror members are not like minded, then it will be very difficult for the jury panel to come to a consensus," Rathmann said. "The pursuit of fairness and justice is honorable and desired by most citizens. But what could possibly be fair about a 22-month old boy dying in a hot car?

"What person can check their feelings in at the door like a hat and coat and not feel compassion or anger about a precious child not being able to grow up to become an adult?"

Jury selection began three weeks ago in Justin Ross Harris's trial. The 35-year-old Cobb County man faces murder charges related to his 22-month-old son's death. Cooper Harris died on June 18, 2014, of hyperthermia in his father's SUV while Harris went to work. Harris also faces several charges of "sexting" with minors, including several such messages at the same time his son was dying.

Rathmann, who wrote "Juror 11: A Story of Murder, A Story of Judgment" in 2015, says defense attorneys have been looking for "potential jurors who have not followed the case as if they were a modern day Sherlock Homes.

"A person who is fascinated in looking for clues themselves within a crime scene may be less open to make their decision of guilt or innocence from the information submitted only in the trial proceedings," Rathmann said. "These types of personalities might attempt to get in their car and drive the exact route the defendant took the day the child died. This type of person might ask five of their friends what they think about the case in order to obtain more feedback."

Then there's the issue of Harris' alleged infidelity, evidence of which Superior Court Judge Mary Staley has ruled as permissible. "The defense attorney will also be concerned about potential juror members whose spouses committed adultery during their marriage," Rathmann said. "The same concern will be with juror’s in any relationship who may have experienced a significant other who sexually and or emotionally cheated on them.

"Another area of interest for the defense is whether a potential juror member has ever lost a child or has been directly involved in a child abuse situation. Some jurors may have unresolved personal issues that may surface during the trail that may sway them not to be a fair and impartial juror member."

On the other side, prosecutors won't mind if a potential has had a bad marriage or relationship. They also won't mind "if a potential juror member loves crimes stories and who publicly or secretly wants to judge others," according to Rathmann. "The prosecuting attorney will not mind if a potential juror understands the judge for a brief period of time will give them control over the fate of another human being and the person selected may be intoxicated with that type of influence or power."

Rathmann wrote his book after serving as a jury foreman in a murder trial. "The book is written in a way where I bring the reader into the jury panel box with me," he said. "I describe the evidence that was submitted in open court and I write about the testimonies of the witnesses without swaying the reader to think of the defendant as being guilty or not guilty. The challenge for the reader is to be a fair and impartial juror member just like I had to be during this murder trial.

"After the trial portion of the book is completed, I ask the reader to stop reading and go to our website where they will see the six felony charges levied against the defendant.

"Next I take the reader into the deliberation room with me where they will hear the original 12 juror members, discuss, debate and argue about what we thought we heard during the trial to come to our verdict. The book gives people a chance to be a virtual juror member in a murder trial."

See more of Patch's extensive coverage of the case:

• Hot Car Death: Father's Mistake or Murder?
• Hot Car Murder Trial: Courtroom Players
• Hot Car Death Trial: More Than 500 Juror Summons Sent Out
• Hot Car Death: Evidence of Alleged Infidelity Admissible
• Major Setback to Defendant in Hot Car Death
• Wife of Defendant in Hot Car Death Files for Divorce
• Harris Emotional During Motions Hearing in Hot Car Death
• Dad in Hot Car Death Facing Sexting Charges
• Justin Ross Harris Prosecutors Want Information Blockade
• Hot Car Death: Ross Harris Lawyers Want Phone, Computer Evidence Thrown Out
• Hot Car Death: Ross Harris Evidence Hearing Continues Thursday
• Cobb DA Speaks On Hot Car Death Murder Indictment
• Hot Car Death Trial Begins April 11
• Toddler Hot Car Death Suspect Ross Harris in Court Monday
• One Year Later, No Trial Date Set for Hot Car Death Dad