Let's bring in our legal team. ABC news chief legal affairs anchor, Dan Abrams. And Nancy grace. One of the officers in this investigation has said, what he knows about this case shocks his... See More
Let's bring in our legal team. ABC news chief legal affairs anchor, Dan Abrams. And Nancy grace. One of the officers in this investigation has said, what he knows about this case shocks his conscience. That is an extremely telling statement, Nancy. It's very telling. And it's also very rare that you get a statement from law enforcement about this prior to the hearing. The hearing is set to go down in just a few hours. It's going to be a bind over hearing for a magistrate judge, who is a former prosecutor. Will hear a bare bones case set out by the state to determine if this goes any further. And I expect then to hear from detectives. Prior to that, I'm surprised there was a statement. And I find it very telling. Dan, let me ask you what you think we're going to hear from the hearing. He's being charged with murder and cruelty to a child. I don't think there's going to be any question there's going to be enough evidence to move forward. Something interesting happened already. Initially, he was charged with first-degree cruelty to a child, leading to death, felony murder. That requires willful conduct or malls will. Meaning, there's no question he would have done it on purpose, right? They reduced the charge to second-degree child cruelty. That means they can still charge him with felony murder. But now, they just have to prove criminal recklessness. Now, they don't need to prove he did it intentionally. They can prove he was incredibly reckless in what he did. That's why I say there's almost no question that I think this judge will say there's enough evidence to bring it to a jury. Let's talk about the driving route that Harris took from chick-fil-a to his office. How important is it, when we hear prosecutors go through the details of where he went and when he did? Well, we heard that police were retracing the father, Harris cooper's -- Harris Ross cooper's route that morning. And we followed along. It's only about 1:20 from the chick-fil-a, where they stopped that morning. And he took the child in to chick-fil-a. They saw him put him back in the rear-facing car seat. But to get to his office, it's about three or four minutes. He passes red lights, which have cameras on them. The theory that this is proceeding, the child was awake at chick-fil-a. What happened? You forgot about him in three minutes that it took to get to your office? Another thing that's going to come into play here is forensic evidence from cell phones, from tracking devices within the car. Did he take a different route? Did he go somewhere he didn't tell police about? And the whole day, the dad was supposed to drop him off at home Depot day care. Did you get cooper dropped off all right? Did he eat breakfast? How did he do? Not one text to remind the dad the kid's in the car? Also, the father goes out at lunchtime, puts something in the car, with the child in the car, and still doesn't realize the child is in the car. Nancy is raising an interesting question about the mother. Is it possible the mother could get charged here? There were searches on the computer that both parents searched children in hot cars. That's right. And in order -- a lot of people have been asking me, do you think the mother is going to get charged? Not just on an internet search. Not just because at some point -- they're going to have to link here up to him. If they are able to link them together, that means we've moved, now, from the possibility this was reckless conduct to no question it was intentional conduct. Premeditation. That's right. If these two worked together, we're talking about premeditated murder. We're not talking about the possibility of someone forgetting their child in the car or just him being involved. Then, we're talking about something even more sinister. All eyes will certainly be on the Georgia courtroom today. Thank you so much, Dan and Nancy. We appreciate you weighing in.
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