Prosecutor Indicts Father in Hot Car Death

Justin Ross Harris indicted over the death of his 22-month-old son, Justin, who died in a hot car.
5:53 | 09/04/14

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Transcript for Prosecutor Indicts Father in Hot Car Death
But what I'm Dan Cutler in New York 33 year old Justin Ross Harris. -- 22 month old son Cooper in the backseat of his SUV engine temperature in the car soared past 100 degrees. In authorities say it was all premeditated. The verdict now coming out of Marietta Georgia -- -- -- district attorney Dick Reynolds is speaking let's listen to -- On this board and court. This case will be tried in a court of -- We have no intention in fact now prohibited from making any statements -- Wednesdays through the media. How will -- volley that restriction. Will not comment today on ending any evidentiary matters in Scotland speaks for sale. We are pleased with the pace. Of thoroughness of this investigation would continue so today. Yeah evidence in this case has led -- to this point today. Whether or not it leads -- to anyone else. Remains to be answered. Procedurally the case will now be placed on an arraignment calendar and judge -- -- court. Generally speaking this decision and a two to three week -- right. After arraignment. The case will be in -- promotions. That ultimately placed only calendar. Whether or not the state seeks the death penalty in this case. Will be made decision allows owner before that arraignment date in the next two to three weeks. Today was another stay up in a long process. We look forward to the case running its course. And ultimately justice being served in this matter. Thank you for your time thank you for coming out today appreciate thank. That is the latest new charge being brought against. Justin Ross Harris I want to bring -- ABC's Ryan Smith legal analyst for the latest on this indictment Ryan. Explain the details of this kind of -- charge this is malice murder. Right and what it is -- it's intentional murder of the first degree and what that means is if convicted it opens the door for prosecutors to bring about the death penalty. And that's big in this case because a lot of people when talking about this case. Wondered if it was more of a negligent homicide manslaughter case here you have a man. Who left his son in the car for hours and left him there baking in the hot sun eventually. Young boy died. And his claim was I you know I didn't know what I was doing. Had so many different things happening but then police started uncovering different information about him. And started discovering that he -- it Internet searches that seem to implicate him and then other things in terms of his conduct that implicated him so the question was always. Would this be a sort of negligence case or an -- case but -- this intentional homicide -- charge. You're looking at some that could lead to the death penalty what what -- things you had mentioned there -- these Internet searches and that is just one of the components that authorities were working not. They're also saying that Harris was sixteen with other women during the time that he -- this -- -- two month old son was in that hot car. With -- prosecution be used inaccurate information in this trial yes they will because they brought charges that relate to. Texting with an underage person apparently. They believed that he was texting communicating while the child was in the car with someone who was underage and they're gonna try to charge him with crimes related to that see you will see evidence. Least according to the prosecution in this trial about that interaction and that's going to be critical. Because when you look at a case like this you're talking about trying this in front of -- jury. And the jury is wondering and trying to decide if this man is guilty of malice murder. Now part of that is going to depend on what kind of character he has he's gonna want that jury to view him as a person. Who was may be overwhelmed and did something by accident here but once you look at the conduct he was taking part in. During the time the child was in the car such as -- prosecutors are alleging this conversation over text back and forth with someone -- underage. They might have a very negative view of this man and that makes it a lot harder for him to argue -- this was an accident not malice murder now Ross does. Have support from his wife Leah Harris who is also. The child's mother. What has she been saying throughout office she has been saying that she didn't believe her husband did this on purpose. That it was an accident he's been standing by him she's drawn a lot of scrutiny for her actions in all of this. And and her conduct she hasn't been charged as of yet right now prosecutors. Focused on. Justin -- -- the father and we'll see if anything comes with the mother but right now he's got so many charges against him it's going to be very tough case for him. And the big thing for the prosecution to prove his. Is that intent is that malice in this case so there is a possibility that in fact as a further look forward this investigation that she could also be charged in some capacity yes there's always they do have a lot of time of course -- statute of limitations that play. A part of -- for certain charges but if you're talking about police later coming back in deciding to charge from something like murder. And again that's a big gift she has not been charged with anything so far than they do have a long period of time to analyze that so. In this case she's not quite out of the woods yet police again and authorities now prosecutors. Focused on him so key is really the one who's in the cross hairs. And again he's looking at a situation where if convicted he could be facing the death penalty ABC's Brian Smith on very latest on this case out of Georgia right thank you for that originated. Of course you can keep up with the story in real time by -- ABC news and start a sort -- -- -- updates ago. -- -- -- -- --

This transcript has been automatically generated and may not be 100% accurate.

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