A Georgia man was accused of murdering his 22-month-old son by leaving him in a hot car but hopes to drop the murder charge against him.

A new break in the murder case back in June of Justin Ross Harris, who left his 22-month-old son in a hot car, now wants murder charges dropped. Harris' attorney has argued against the life sentence that Harris faces, saying that it "is cruel and unusual if it is grossly out of proportion to the severity of the crime."

Back in September, Harris was charged on eight felony counts, including malice murder, cruelty to children and criminal attempt to commit a felony. Other charges include two counts of dissemination of harmful material to minors, when Harris allegedly sexted six women on the day his son died. One of the recipients of his sexts was 16 years old.

But now attorneys want to separate the two cases. Harris' attorney, Maddox Kilgore, says that the trials should be separate because they name two different victims. He also argued that the two sets of charges are "not of a similar character or nature."

There have been questions about Harris' wife, Leanna, and her involvement with the case. Many people believe that she knew what was going to happen to her son and that it wasn't an accident.

Leanna Harris has always maintained her and her husband's innocence, saying, "Ross was a wonderful father and he loved Cooper with all of his heart, because I saw how he treated our little boy for 22 months, I know without a doubt he would never have knowingly allowed any harm to come to our son."

The defense considered the death of their son, Cooper, as a "tragic accident" instead of intentional. The jury trial is scheduled to begin Jan. 12.

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