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Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:45:00

whether or not that might even be admissible in court. in georgia, taping private conversations can be illegal. it all depends on whether or not he was considered to be in the public or private place. so this is going to be something that i guarantee you, the defense in this case is going to be exploring very, very closely. one of the issues obviously that s going to be explored is what was on the couple s various electronic devices. whether they were work computer, home computers, telephones. because there was some very internet searches. certainly by now, we know there was really graphic texting and sexting going on when justin ross harris was at work and his son was slowly dying in the suv. all of this happening prior to and during the time that that little boy was dying in the car. he visited several sites it and the it was people who die. once again, may not be the

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Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:10:00

i want to stick on that word you just heard, horrible. it s serious for a different reason. for a legal reason. joining me to talk about this case against justin harris is cnn legal analyst danny sevellos and sunny huston along with the former prosecutor in that county, he has worked with the judge, he has worked with the attorneys in this case. if you read the statute in georgia, horrible workings its way in when it comes to the death penalty. we ve all been talking off camera, whether this thing is going to qualify, whether this is going to ultimately be something the prosecutors seek in in case. sunny, you re a prosecutor. this is what you did for a living. are they going after the death penalty? the judge made it clear this could be a death penalty case. one of the reasons i believe he didn t give him bond. from the very begin, i said, if there is evidence of motive, evidence of premeditation, even those against the death penalty, in a case like this, where you intentionally

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Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:26:45

Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:26:45
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Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:11:00

mind, a death penalty case. except, and i ll just present sort of the defense view of it, he s charged with felony murder. the predicate felony here is not an intentional crime, it s negligence. all this evidence of intent and motive and everything else is a little inconsistent with the prosecution s theory of the case. in georgia, the death penalty is a possibility, however, the aggravating circumstances here are usually reserved for intentional-type crimes. unless they end up charging him with an intentional malice murder, as phillip can tell us more about, this in this case, i don t thing the death penalty, it s going to be a tough hill to climb, only because the law appears to err on the side of life instead of death. so i will only counter that, and phillip, i ll bring you in on this, with a notion that what we re working off here are arrest warrants, measure not working off an indictment from a grand jury yet, and we know a grand jury can do a whole lot more. in this case,

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Transcripts for CNN Legal View With Ashleigh Banfield 20140704 16:09:00

reason, ross must have no other explanation, excuse me, ross must have left him in the car, and they tried to console her and they re like, no, you know, there s a thousand reasons. he could have taken him to lunch or something, we don t know yet. she s like, no. reporter: then another shocker? any injuries to child s face? there were. what were those? the way it s explained there were several marks on the child s face, it would have come from the child or a scratch being made while the child was alive and then not healing, not scabbing over or anything like that, and just soon after he passed away. were there any injuries to the back of the child s head? yes, abrasions to the back of the child s head. after three hours of stunning testimony, judge frank cox denied harris bond, the defense maintaining it s not criminal negligence. it s a horrible tragedy and accident. reporter: victor blackwell, cnn, marietta, georgia.

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