Judge's ruling on Ross Harris' request for new trial expected in January

Hot car death new trial hearing

Lawyers for Ross Harris are laying out their case for a new trial at a three-day hearing in Cobb County this week.

COBB COUNTY, Ga - A Cobb County father convicted of leaving his son in a hot car to die wants a new trial.

Superior Court Judge Mary Staley Clark is expected to rule on the possible new trial for Ross Harris in January 2021.

Defense attorneys want a new trial, in part, because they said they did not call their most compelling witness who would have explained the memory failure Harris supposedly experienced.

Sign up for FOX 5 email alerts

Hearing for new trial in hot car death

The first day in the hearing for new trial in the hot car death of Cooper Harris.

The defense team said Dr. David Diamond is a brain and memory expert, who never testified at trial. The defense blames the state for asking for his notes, which they considered confidential.

"Dr. Diamond is the national expert, clearly if he had testified we would have had a different outcome," defense attorney Mitch Durham concluded.

"Notes were handed over that involved discussion the defense team had with Dr. Diamond," Durham complained.

WATCH: FOX 5 Atlanta live news coverage

Harris' three attorneys and Diamond allege police officers rushed to judgment and even lied under oath.

“He loved his child and did not research how to kill a child in a hot car. That was completely untrue, but officers testified to those things under oath,” Lumpkin asserted.

Judge Mary Staley Clarke gave both sides until the end of the year to submit their final documents.

She is expected to rule in January.

Download the FOX 5 Atlanta app for breaking news and weather alerts.