Hot Car Death: Ross Harris Lawyers Want Phone, Computer Evidence Thrown Out

SMYRNA, GA -- Defense lawyers for Ross Harris argue that some evidence was obtained illegally in the case against the dad accused of killing his son by leaving small child in a hot car, according to a report.

Harris’ defense team has submitted a motion for excluding evidence found on his cell phone and home computer, claiming it was gathered illegally, FOX 5 Atlanta says.

Prosecutors say the evidence shows Harris was in his car ”sexting” with an underage girl while 22-month-old Cooper Harris was dying or dead in the back seat. Furthermore, the evidence seized from Harris’ computer allegedly shows that he researched hot car deaths before the June 18, 2014 incident.

In September, Cobb County Judge Mary E. Staley ruled that Harris’ upcoming trial would be open to the media and the general public against the wishes of the defense team, and added that statements Harris made to police after Cooper’s death can be used against him in the trial.

Harris was indicted by a grand jury on Sep. 4, 2014 on eight counts relating to the June 18, 2014 death of his son Cooper. Harris pleaded not guilty to all eight counts against him in October.

Cobb County District Attorney Vic Reynolds announced in September of 2014 that the state would not seek the death penalty against Harris if he is convicted.