americans. thank you for being part of "the real story." now to harris falkner in for shepard smith. >> first from the fox news deck, it's breaking rite now. drama inside a georgia courtroom and the hearing of a father accused of leaving miss baby boy to roast to death in the car. a detective selling the father has been texting, sending nude photographs of himself to several women as the little one was dying. that's one of the many bombshell revelations we're hearing coming from the police testimony inside the court hearing right now. it's still understand way. you see a live picture from marietta georgia. the father walked into the packed courtroom today, wearing an orange jump suit. you see him off to the left. at the hearing a detective testified the toddler's parents hat two life insurance policies on the little boy, and that the father hat researched, quote, how to survive in prison. the detective also testified

that he believed the man would be a flight risk if the judge granted him bail. >> evidence has shown us ruth now he has this whole second life he is living with alternate personalities and alternate personas. >> the detective told the judge the father may have already committed other crimes. i. >> generally what crimes and what would that have involved? >> right now, computer-based crimes. sexual exploitation of a minor. >> and also it appears he has committed two misdemeanor violation involving sexual contact with a minor. >> crew in police say he left his child in the car for seven agonizing hours. temperatures climbed into 90 outside that day, turning that car inside into an oven. the father said it was all an accident, he forgot to take care of his son and take that son to daycare. this even though police say the pair had just had a fast-food

breakfast. they also say at some point during lunch he went to the car to put something in the front seat. search warrants show he and the boy's mam both told investigators they recently researched hot car deaths online. jonathan hunt is live in new york. i'm watching the hearing, the detective on the stand. police say this guy lived a double life. >> detective is on the stand right now and he said exactly that. that justin ross harris, the accused father here, was living two different lives. as you heard him say, alternate lives, personas, that he was -- those personas at odds with friends and family's image of justin ross harris, the accused man you seive right there, as a doting father, and part of that, according to the detective, was the sexting relationship we had

with several different women, and on the very day that his 22-month-old son,&qñ?ñ?ñ?ñ?ñ? cs harris spent part of his time >> he was having up to six different conversations with different women, it appeared from the messages, from kick, mostly, a messaging service. >> is that a computer related messaging service. >> it is. >> and these conversations he was having with the females are of what nature? >> the most common term would be sexting. >> were photos being sent back and forth between these women and the different during this day while the shield is in the car. >> yes. >> the detective went on to explain in very graphic terms exactly what those photos were. best and most politely described as intimate naked photos of

parts of his body. the detective also said that justin ross harris had other online activity. for instance, he had researched web sites about living without children. he had researched a web site about surviving in prison. and of course there was this other disturbing online activity that the detective hints might have to do with sexual exploitation of minors. they said, for instance, that some of those women that he was sexting on that day were teenagers, harris. >> the details, you're giving us she brutal ones. some we can't include today. what always have we lender? imlooking at the ticktock on what this man did. >> detectives laid it out in painful detail. he says justin harris habitually took his son to preschool, going to the idea that how could he forget he was in the car.

he said he did that on this day. they stopped off for breakfast at the chick-fil-a, and helicopter just .6 of a mile after leaving the chick-fil-a is when he arrived at his office. so, again, going to how could he forget? a very short drive from the chick-fil-a to his office. then the detective talked about when he left his office, almost seven hours later, and what happened when he pulled over his car, pulled his son out, and how a witness described justin ross harris' actions at that point. listen here. >> put the child on the pavement. he said it looked like justin was messing around. he didn't know what he was doing. he goes, we need to do cpr, do something for the child. justin kind of looked at him and then just stopped. >> white did anthony do? >> anthony started cpr. >> when anthony started cpr on the defendant's son, what did the defendant do?

>> the defendant stood up, walked to the other side of the vehicle, and got on his phone. >> and apparently, harris, cops then arrived, and asked justin ross harris to get off his phone. twice he refused, according to detectives. on one occasion using profanity against the officers. at that point, he was arrested, harris. >> what is really interesting are the reports up in of those phone calls included a 9-1-1 call on that day from what i read. jonathan, you're going to sit buy and we'll go to the hearing live. i may come back to you as we bring in an attorney to talk about this. this is happening. >> searching, researching, just something he clicked on that was up on that site can right? >> it's the site he went -- i don't know how he was directed to it. >> so there's no -- you don't have any evidence he actually type in a google search or red

search or anything for child rape. >> true. >> you testified that -- i believe your testimony was that he searched on how to survive prison. >> true. >> was that off the red site? >> i don't believe so. >> was that a specific google search? -- >> yes. >> you're saying that was actually type in. >> yes, sir. >> when was that type? >> i don't have that date yet. >> all right. that could have been a year ago for all you know. >> i don't know. >> y'all looked way back, haven't you -- >> we just started. >> okay. >> you said ross told you he was -- he had some law

enforcement experience and that he worked a 9-1-1 -- >> yes, sir. in dispatch was the word. >> said he worked for a couple years, five, i believe. >> when he worked law enforcement like that or work 9-1-1, you learn how to call out letters by military style by words, right? >> true. >> so, this is something he would have done regularly as part of his2[ada&l job. that's not necessarily remarkable, is it. >> i believe it was remarkable in the setting it occurred in. >> have you talked to any of ross' friends or colleagues to find out if he talks that way all the tomb? >> i have not. >> you said he watched a tv show regarding a person who lost his child? >> true. >> when was that? >> i don't know. >> don't know? >> don't know. >> okay. do you know the name of the

show. >> do not. >> do now know where he watched it? >> do not. >> on tv or computer? >> i believe tv. to continue to monitor this on your screen, but let's get more now, amanda is a criminal defense attorney. you're watching this live, too. this bombshell information coming out. prosecutors knew they had this ñ?ñ?ñ?ñ?ñ? how does this affecñ the case? >> tremendously. one of therrñ?ñ?ñ?ñ?ñ? issues we prosecution's case before all this evidence came out, was that they only had him researching a child in a hot car. i don't know that was necessarily enough, as a defense attorney to show the intent to commit the murder. now with the two life insurance policies on the child, including the wife's comment that he must have left the son in the car, all of that seems to be very

damning, and it's surrounding a very strong circumstancal evidence for this defendant. >> you know, amanda, i know it's salacious and some we cannot repeat on television what this man was doing with photographs on his phone, and according to detectives, sexting them to several different women at the time this was dying. this is a pretrial hearing but does it all matter in terms of looking at guilt? >> absolutely. while the sexting doesn't prove that there was an intent to actually commit the death of this child, it does show that there may be issues in the marriage that he no longer wanted the family, that he wanted to be single, and with a life insurance policy added on top, that guess to show he wanted financially to be secure, and pretty much have a free life. that is how i would present it to the jury.

clearly there is enough -- he will be held to answer at the preliminary hearing, but at the time of trial the evidence is stacking up against him. >> do you think this case goes to trial? >> if i was the defense attorney, i would try to plea the case out. it's not a case that i would want to take to trial. >> why not? >> considering it's a -- because you're going to have a jury that is going to decide the guilt of a father who pretty much left his son to die in a car. add ed with the fact he was sectioning and with the fact he had life insurance policies and did various different internet searches on the topic, i think he is looking at a unanimous verdict of guilt. >> i always wonder, , too because of digital age and all this information is out there, that record is permanent, and it also puts it in a public sphere, too, because depending on the other women.

they have copies of these text messages i assume, too. when does the public's perception of this start to play a role? we're in a pretrial situation now but as a defense attorney you would take that into account? >> absolutely. now it's on every channel. you have everyone watching it and talking about it. and he doesn't seem to be a sympathetic man in my eyes, and i think in most people's eyes in the public. so with the strong evidence that is stacking against him, and with the 22-month-old dead, you're going to have a difficult time finding a jury of his peer? that know nothing about the case, and even if theydñ?ñ?ñ?ñ?d out the information at the time of trial, that they're really going to keep an open mind. so, it's going to be a very difficult case to try for the defense. >> i got to tell you, he says he forgot. i want to ask you about forgetfulness and insanity and

how use use that as a defense. we'll back with more after this. and another huge story that we're following on the news deck. one that has literally hundreds of thousands of people now racing away from a storm that potentially could watch out their plans, but particularly in north carolina and along the coast there we're looking at evacuations of thousands of people. a look from the beach near wilmington where hurricane arthur is already lashing the shore. forecasters are warning the storm is more dangerous than they first thought. you know that dream... on my count. ...the one where you step up and save the day?

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drama inside that georgia courtroom in the hearing of a dad accused of leaving his baby boy to roast to death in a hot car. it's our breaking news. we have been toggling back and forth inside the courtroom. we want to bring jonathan hunt back. tell us what we missed in the last few minutes sunrise this detective has dropped some bombshells. >> detective phil stoddard on the witness stand, being questioned by defense lawyers, lawyers for justin ross harris, the 33-year-old father accused of murdering his son, 22-month-old cooper, by leaving him in that baking hot car.

they're currently talking about the actions of harris' we've, leanna on the day of the death, june 18th. also tried to raise questions whether he could have indeed forgotten his son was there. defense lawyers are being pointing out they changed recently from a rear-facing car seat to a front-facing car seat, then back to the rear-facing car seat. what they're trying to prove there is that in this rear-facing car seat, perhaps justin ross harris could as he said he did, simply have forgotten that his son was there. they've also raised objections to this testimony we have heard from the detective about justin ross harris sexting naked, very explicit pictures of himself to several women on the day of his son's death. they objected on the basis of weather that was indeed

relevant. prosecutors have said, yes, it is relevant. it goes to motive and it shows in their words that there were intimacy issues between justin ross harris and his wife. so at the moment we have detective phil stoddard answering questions from defense lawyers. that man you see right there, justin ross harris, the accused killer of his 22-month-old son. >> in fact we can listen and watch. let's do so, jonathan. we'll hang tight on the side. >> it was like four and five. they split to the duties for him. >> and did the wife work out of the home or work somewhere else. >> no. she worked as a dietician out of the home. >> out of the home. >> yes, sir. >> so she could come and go whatever schedule is convenient for her. >> i assume so, sir. >> you may step down.

>> thank you, judge. >> all right. as we're watching this, detective stoddard is now leaving and has been on the stand for quite some time now. the better part of the last hour, and then another 20 minutes into this one. what he has told the courtroom today has not only stunned those of us who are watching but jonathan, potentially those in that community of marietta, georgia, who may not have heard the details. >> it was interesting, when justin ross harris was arrested and charged with murder, pretty quickly after the death of little cooper, there was in fact a social media outcry, a lot of people within that community saying that the police had overstunned the mark and this was indeed as justin harris himself said, tragic accident, he simply forgot his son was in the car. clearly what prosecutors are

trying to do now in part is not just convince the judge that is not the case, but to also show the wider public why they leveled that murder charge against harris. they have laid out a litany of complaints against him. a litany of behaviors that they say on the day and prior to the day of cooper's death, they say show this was obviously, in their view, premeditated, he has give this some thought. researching, surviving in prison, researching living without children. researching online how long it would take a young child to die in a baking hot car. >> now, as i'm watching this, it appears that someone from the state examiner's office has just taken the stand. we're going to listen to this during this commercial break, come back, and continue this story, because obviously the details coming from this person would be pertinent to the case.

stay close.

we're back on the fox news deck with breaking news inside of a marietta, georgia, courtroom, and the man on the left of the screen was one of the first people to reach a car where a little baby had been left in a rear-facing car seat and roasted inside the car on a hot day. he heard the cries and what he saw and let's watch this testimony. >> just saying, oh, my god, just screaming. he was very hurt. and -- >> tell us what you saw and what you heard. >> i heard the desperate cry of a father who had just lost his son. >> you're characterizing things.

tell us specifically what words you heard. >> he was saying oh, my god, oh, my god. my son is dead. oh, my god, my son is dead. >> and how close were you to mr. harris while this was going on? >> i was roughly three or four feet away from him. >> how many? >> three or four feet. >> 30 -- >> three to four. >> three to four,. >> yes, sir. >> three or four feet away? >> yes, sir. >> and were you aware if there was anyone calling 9-1-1? >> i can say certain -- i can't say for certain but people that were there were on their phones, and he got on his phone but i can't say matter of factly that they were calling 9-1-1 or anyone in particular. >> did you hear anyone yell, call 9-1-1, somebody call 9-1-1?

>> no. >> and did you observe any sort of encounter -- first of all, how long were you there before police arrived? >> when they got the, what happened? >> well, of course, they immediately came to the child, to+%ñ?ñ?ñ?ñ?ñ? cooper, and theyr vitals,pbñ?ñ?ñ?ñ?ñ things of th. >> you don't know mr. harris. >> no, sir. >> never seen him before that afternoon. >> no, sir. officers interacting with mr. harris, asking him to do

anything, dealing with him in any way. >> initially they went to the child. and they were checking for vitals. after which mr. cooper -- pardon me -- mr. ross, of course, was coming closer to his son, and they wanted him to distance. >> okay. what happened? >> one of the officers raised her voice to him for him to stay back. and he told her to shut up. and -- jurick he cursed at her. >> yes. >> what happened then? >> two officers, they approached him aggressively, and they put handcuffs on him. >> did they put him in the become of a police car.

>> they did. >> how far from where the child was on the ground? >> i'd say at least 100 feet. >> 400 -- >> 100. >> 100 feet. >> yes. >> and did you stick around the scene and make a statement to police? >> i did. it was a short statement to -- believe he said he was homocide detective. inññ?ñ?ñ?ñ?ñ? also spoke with ts inññ?ñ?ñ?ñ?ñ? uniform briefly, y wanted to get our information, names and numbers. >> did you tell them what you're telling them in court today? >> not in depth. i told them i was there, i walked up and saw what was going on. i saw mr. ross. i saw his son laying there, lifeless, and others were assisting him or assisting trying to give cpr, and that he

was reacting, i'd say, normally to a situation of this magnitude. >> okay. did it appear to you it was genuine distress and grief on his part? >> it was definitely genuine and very passionate and organic. i felt his pain. i even wept and mourned his son and i've never met him. >> all right. thank you. >> we're going to continue watching this. of course, want it to bring in amanda, a criminal defense attorney. i know you're watching this. here is my question. first, this witness said desperate cries of a man who just lost his son, that's what the described. cog out of this place of business and seeing this unfold, and the dad standing outside, his baby son 22 months old, dying in a car seat inside.

and then the attorney told him inside the courtroom, ammann darks we- -- amanda, we don't want you to characterize this, just words. why are we watching that. >> for the defense it's very important for the witnesses to testify to exactly what the defendant said. especially if the statemented made by the defendant are going to be used as excited utterances and it's going to show that he was truly devastated, and how could he have been so devastated if he intentionally wanted to kill his son. characterizing it potentially can provide the public and the judge some indirect or not so clear impressions of the witness. so you want to make sure what he specifically said, if it's beneficial to his defense, comes out by someone. >> and your point of view.

we are not in a trial situation here. what are you seeing unfold? >> the prosecution is developing the stage for a very strong guilt trial. they're starting with a timeline, which started with motive. although in a murder case, you do not have to prove motive, but in most situations jurors want to hear the why, particularly the father killing a 22-month-old child. and then they're going through the time line he researched this. he even researched what is was going to be like to live in prison if all else went wrong for him. so the timeline is very strong and guess to show he planned this act with the intent of having his child dead and collecting on the life insurance and living a free life. >> that's what you say the prosecution is trying play out today, and that's what we have been watching unfold in the

courtroom. amanda, thank you. thank you for being with us. we'll be -- we'll be right back to the hearing.

we are tracking hurricane arthur. the satellite presentation on this storm is strengthening. we have the potential for tornadoes. tornado watch for the next several hours, and if this storm doesn't make a curve shortly we'll be dealing with a landfall sooner than expected, south and west of the outer banks. satellite looks really good right now. we have to wait for the 5:00 p.m. advise troy see what the hurricane hunters come up with. but this is a strengthening storm. writ will make landfall is anyone's guess right now but somewhere along the coast of

north carolina, we need to monitor this. back in a moment. óqoqúúñ@

we continue to cover the breaking news inside a georgia courtroom, and a hearing of dad accused of leaving his little baby boy, 22 mocks old to roes to death inside a hot car. got up to 90 degrees the day so you can imagine the oven-like conditions inside the car. seven hours the child was in the car. jonathan hunt is live in our newsroom in new york and we have been watching this unfold. there's a new witness on the stand. >> this is a man named james holt. you see him screen left there. he is a friend of justin ross harris, the man who is accused -- on the right of the screen there -- accused of killing his 22-month-old son,

cooper. james holt works with justin ross harris at home depot, all -- albeit a different building. he has been called to the stand by the defense here, so we expect him to be there as a character witness. questioning of him is just getting underway. he is so far simply said he was in pretty much constant contact with justin ross harris on the day because they also run a web development business together. we were just hearing from leonard madden. he was a witness who was on scene when justin ross harris had just about 4:20 on june 18th, pulled his car over in a parking lot and said for the first time he realized his 22-month-old son had been in the car all day. leonard madden, that witness, said that he believed that justin ross harris' cries of anguish were genuinely, an

important point for the defense. >> attorneys inside the courtroom were hoping he wouldn't characterize. they wanted his words to get to the facts. let's watch and listen. >> i can't remember the exact details of what we talked about. schuss -- just shooting the -- [bleep]. sorry. >> could we move along? >> yes, sir. yes, judge. >> was there anything unusual about the way he was acting that day that stuck out? >> no. >> it was a regular day. >> yep. >> so, after lunch, where did you go? >> home dough o'. >> all right. -- home depot. >> which home depot. >> the one across from publix.

>> why? >> ross needed light bulbs. >> you went in together to get light bulbs. >> yes. >> how long were you in there. >> ten minutes, so i came down and had his light bulbs. is getting light bulbs something you planned before lunch. no it came up at lunch. >> and so you leave, you're driving, and did ross ask you to drop him off at his car? >> yes. >> did you say him get -- approach and get into his car? >> approached, yes. get in, no. >> did he have the light bulbs in his hand? >> i believe he did, yes. >> did he try to dissuade you from not driving too close to his car? >> i drove as close as you would reasonably to drop someone off at their car.

>> anything remarkable or unusual the way you dropped him off at his car? >> nope. >> was there a plan later that day when y'all were going to go to the movie, was one going ahead of time and purchase the tickets? >> the general plan was we would all meet there together individually. he had to meet with his wife, and i think it was more just we weren't going to wait on each other to get there. if someone got there first, they would buy tickets. >> okay. who was going -- do you know who was supposed to get there first to buy? >> i think winston was going to get there to buy his wife tickets because he had something doing. >> fox news legal analyst are that aidala is here on the deck. we brought out our big guns you.

said something so interesting when you walked out. you said two witnesses for the defense in a row. tell me about the first one. >> well, first one i think the most gripping thing is he is a stranger. the guy who is testifying now, they know each. others so when you're evaluating someone's credibility you want to see if they have a personal connection. the first guy who just testified before this gentleman, didn't, and i thought he was spectacular for the defense, saying how genuine the father was that he brought him to tears. he said, he made me cry. these people don't know each. others the guy on the stand right now is nervous, clearly, in a very awkward position. he is testifying got his friend. he knows his testimony affects his friend's freedom or whether his friend is going to stay incarcerated. so, the judge knows, okay, these guys are buddies. so the likelihood of this guy lying is higher than the guy who just testified who they're total

strangers. the other thing he said the police at the scene, when the defendant here was distraught, according to the witness, and was -- wanted to see his son, the police stopped him, threw him to the ground because he gave a police officer a hard time and handcuffed him. that stands out to me as something that doesn't make sense. >> why? >> listen to me. this is a parent with a child, with a bunch of law enforcement officers that don't know anything about what took place. you better have a good reason to stop a parent from administering aid to their child. and then handcuffing him? it's one thing if you have two officers with some training to just calm the parent down and keep him from going into cardiac arrest, but to to the handcuffs on him? that upset me. >> we'll be right back. we'll continue to watch. this classmate, former classmate and friend and coworker of the defendant is on the stands right now. what he has to say, arthur and i are on the deck. handling it all.

stay close.

>> what will happen with a father who left his son. he says he forgot he was there, inside of a hot car. our legal analyst and former prosecutor, arthur aidala joins me now. do you think this case goes to trial? >> consider how much bond, let him out? is there any amount of money? the judge could say i don't care

if you put up one billion dollars, i'm not letting you go home because there's a chance you won't come back and face these charges. die think this case goes to trial? it seems like it is positioned that way. you have him saying, listen, maybe he admits i was sexting. my wife and i had a bad relationship and there was a $25,000 insurance policy on my child. that not going to motivate me to kill my 22-month-old child. the prosecutor says you researched surviving in jail, killing a kid in a hot car. that's circumstantial evidence to show you did it. >> they're in a five-minute recess right now. viewers may have seen people filing out of the courtroom. i want to ask you some some things youch mentioned the texting. we heard defendant had been sending nicked pictures of himself up to sick women wimp can't go into the detail on the air what he was taking pictures

of. from john honey -- jonathan hunt says some of the people who received the text messages might have been under age. >> this is the connect the dots. no fingerprints or smoking gun. we know what happened. this is what is the motive? is there an intent to kill? or is this a negligent act? is this what we call criminally negligent homocide, should have remembered his child was in the car and the fact he did not remember is zoe dry yous and -- so egregious and should go to jail, or did he intent to kill the kid, premeditated and go to jail for life. >> you touch on the forgetfulness. can you plea forgetful like insanity in. >> i think that's where all of the evidence comes in. you would have a long trial where friends and relatives and photographs like we just saw,

everything would come in and say, like, is this the parent who would intentionally kill someone? the burden is on the government. the government has to prove beyond a reasonable doubt he intended to kill him, versus he doesn't have to prove i forgot it. >> web developer, working with home depot. just saw his friend on the stand and now they're in a minireassess i, i want to go back to jonathan hunt. >> they were talking to james holt, the friend and business partner, about justin ross harris' character. the defense said you believe he was a good father-son relationship? holt, said, absolutely. do you believe he was a loving father? absolutely. >> do you believe he loved his son? absolutely. he said it all the time. then the prosecutors questioned, did you know he chat ode, sexting with these women would that surprise you?

james holt replied, yes. the prosecutor simply said, then you don't know everything about your friend, mr. marry harris, do you? that question was left hanging in the courtroom. >> i want to go back to arthur. when we fir learned of the says and the child who died and witnesses said the father was wailing, want it to go back to what you said. why is it so critical to you they put cuffs on the man -- >> just doesn't make sense to me. i was a property for a bunch of years in brooklyn, new york, when things were tough crime-wise, and i've been a defense attorney. i've seen probably thousands of these scenarios. i've never heard of a grieving -- of a historical parent, under these circumstances, being described -- the scene we heard. handcuffed and thrown to the floor because they wanted to see their child who whereas clearfully distress, about to die? >> may suspect something else

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pretrial hearing. arthur aidala is here on set. this is georgia courtroom. the hearing of this dad who they're looking at allegedly homocidal in the death of his son inside of a very hot car. arthur said, this is the bail hearing for the father and all of this information about him sexting to other women during the time the child was dying, seven long hours, that kid was inside that car seat, this is just a bail hearing. if it goes to trial look at all we learned in one day. >> that's why you asked me case would go to trial. irthey going to offer him a plea bargain to year in jail? unless new evidence comes out. 0 so he will be in a position i can plead guilty to 20 years or go to trial and roll the dice on 25 to life. so there's going to be graphic,

heart everyoning evidence from the medical examiner how any infant would die, and that's what his defense attorneys would have to take into account. 12 jurors are different than one judge, and 12 jurors -- the way that guy cried the scene, they'll cried for what the kid went through. >> seven hours, and reports he went to his car during his lunch hour. we will learn more about that and what he possibly put in the front seat. we're watching the situation unfold on this live hour. we'll be right back. stay close.

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on this. this affects so many people heading into he holiday weekend. live coverage throughout the night and tomorrow on fox news channel. thank you joining us. in two seconds, cavuto. >> forget the fireworks tomorrow. onwall street, they're already here. the dow is at 17,000. traders cutting out early for the fourth of july holiday but not before sending the dow before 17,000 for the first time ever. pretty of the head winds but reaching this milestone seemed like a breeze. 152 trading days after the dow crossed 16,000. what has stocks and folks buying 0 them? more folks working. nearly