Lawyer for Smyrna Hot Car Death Suspect Wants Sexting, Murder Charges Severed

The attorney for a Smyrna man who has been indicted for murder in the hot car death of his 22-month-old son wants the indictment against his client dismissed.

Max Kilgore, who represents Justin Ross Harris, filed 15 motions on his clients behalf on Monday, one of which asked the judge in the trial to sever three counts from the original eight-count indictment. The three counts Kilgore wants removed relate to Harris’ alleged sexting of a minor he met through the internet on the day his son Cooper died after being left in a hot car for seven hours.

Kilgore is also hoping that several pieces of evidence against his client will be deemed inadmissible, including Harris’ statements to police, Harris’ conversation with his wife at the police station following Cooper’s death, and electronics seized by authorities during the course of their investigation.

On Sept. 4, a grand jury indicted Harris on eight counts: one count of malice murder, two counts of felony murder, one count of cruelty to children in the first degree, one count of cruelty to children in the second degree, one count of criminal attempt to commit a felony (sexual exploitation of children), and two counts of dissemination of harmful materials to minors.

Less than three weeks later, the Cobb County District Attorney’s Office announced that the state would not seek the death penalty against Harris should he be convicted of the murder charges.