Hot Car Death Trial

Count 8- Dissemination of Harmful Material to Minors
- Send to person under 18 years of age
- Photo and visual image depicting sexually explicit nudity
  - male in state of undress exposing genitals
  - male genitals in natural state
- Taken as whole harmful to minors

Counts 3 & 5- Felony Murder & Cruelty in the 2nd Degree
- NO INTENT TO KILL, NO MALICE
- Count 5- Cruelty in 2nd Degree
  - Cooper was under 18 years of age
  - Cruel or excessive physical pain
  - Criminal negligence
-Count 3- Felony Murder
- Cooper died because he was left in the car.

Counts 2 & 4- Felony Murder and Cruelty in the 1st Degree
NO INTENT TO KILL
-Count 4- Cruelty in 1st Degree
  - Cooper was under 18 years of age
  - Cruel or excessive physical pain
  - Maliciously (different than count one)

-Count 2- Felony Murder
 - Cooper died because he was left in the car.

Counts 2 & 4 "Malice"
- for counts 2 & 4 Malice is not ill will or hatred, but is EITHER.
- INTENT to cause the particular harm (pain) without justification or excuse
- OR
- Wanton and willful doing of an act with an awareness of a plain and strong likelihood that such harm (pain) may result.

Count 1- Malice Murder
- With malice aforthought
- Caused Coopers Death
- By leaving Cooper alone in that hot car

Count 1- "Malice"
- NOT ill will or hatred
- A killing without justification, excuse, or mitigation
- Malice may be either
  -express
  -implied

-Express Malice
  - Deliberate intention to take a life which is shown by external circumstances capable of proof.
  - HOURS SPENT OUT IN THAT CAR
  - HELPLESSNESS OF THIS YOUNG VICTIM

-Implied Malice
  - When no considerable provocation appears and when all of the circumstances of the killing show an abandoned and malignant heart.