Hot Car Death Trial: Media Coverage Played a Role in Change of Venue

MARIETTA, GA -- Monday's surprising decision by Superior Court Judge Mary Staley to move Justin Ross Harris' murder trial out of Cobb County is just the latest twist in a case that has captivated national attention.

Jury selection began last month 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.

Attorneys for Harris argued their client could not get a fair trial in Cobb because of media attention and scrutiny. And there is some truth to that claim, said Terry Rathmann, author of "Juror 11: A Story of Murder, A Story of Judgment."

"Some people have blamed the extensive media coverage of the case saying this is the reason the attorneys cannot find fair and impartial people," Rathmann said. "There is some truth to this claim and the reason being is because the average person listening, reading or watching the information flow out of the media coverage does not have a method to verify the information as being the truth.

"Since the general public has no method to verify the information as being partially true or just plain false, people share information with the assumption that it has to be true because they read it on the internet. When tens of thousands of people start talking about the case, they are at this point just spreading rumors, because the information was never validated. They don’t truly know if they are speaking the truth or if they are spreading an outright lie."

Prior to her decision to move the trial, Staley asked prosecutors and defense attorneys to collaborate on finding acceptable jurors to both sides. She also rejected a motion from the defense to bring in jurors from outside metro Atlanta.

Harris' attorneys argued Monday that at least five prospective jurors have already made up their minds about the case. Attorneys requested a change of venue late Friday afternoon. On Monday, court administrator Tom Charron said a change in venue could delay the trial until the fall.

There are other reasons Rathmann believes defense attorneys had a hard time finding an acceptable jury pool.

"A potential juror member brings his or her life experiences with them into the court room," he says. "So if a juror member has been involved one way or another in a child abuse situation, then they may have a bias against Harris because they have seen and felt firsthand how terrible child abuse can be.

"Secondly, if a potential juror member has ever been in a marriage or a significant relationship that experienced adultery, then the potential juror may have a bias against Mr. Harris because they know how heart wrenching that experience can be."

Rathmann wrote his book after serving as a jury foreman in a murder trial. "We had a juror member actually say about 45 minutes into deliberations, that someone died, and someone has to pay," he recalls. "This actually happened in our trial. Can a jury panel be fair and impartial when a juror thinks and says out loud, someone died and some has to pay? I don’t think so, because at that point the evidence and the testimony of the witnesses did not matter to this person. The only thing that mattered to them was that a punishment must be handed down from them upon the defendant."

Read more of Patch's coverage:

• Venue Changed in Hot Car Death Trial
• Can Justin Ross Harris Get a Fair Trial?
• 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