Man accused in son's hot car death, wife divorce weeks before trial

COBB COUNTY, Ga. — Just days before Justin Ross Harris goes on trial for the death of his son in a hot SUV, his divorce from his wife has been finalized.

Harris

, by leaving him strapped in an SUV on a hot summer day. %

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Defense Attorney Ashleigh Merchant says the divorce won’t have much of an impact on the trial.

“If there wasn't a crime against a child it would mean something because it would mean Leanna would no longer have the privilege of not being compelled to testify against Ross,” Merchant said. ”Any time there’s a crime involving a child, there’s no spousal privilege so she can be forced to testify.”

As far as divorces go, the Harris’ was as smooth as they get. Neither side had any disagreement that the marriage was irretrievably broken, they split what they had evenly so there's no alimony, and Leanna will revert to her maiden name of Leanna Taylor.

Whether she will ever take the stand in her now ex-husband’s trial remains unclear. But it is clear that if she does testify, she can testify about anything.

“He can't claim it, so if she's up their testifying about anything he can't jump up and down and say don't testify about that,” Merchant said. %

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Harris' trial is set to start April 11 with jury selection.

Prosecutors have put Leanna Harris on their witness list and plan on subpoenaing her for the trial.

“We're getting ready, we're subpoenaing anyone we think is going to be or potentially could be a witness and that's what we've done with Ms. Harris," said Cobb County District Attorney Vic Reynolds.

Reynolds says just because she was subpoenaed doesn't mean they'll call her as a witness. They often subpoena people never called to the stand.

“The best thing you do is you subpoena every single person you think is involved, knows about, has any knowledge or potentially could have knowledge about a case,” Reynolds said.

Cox Media Group