N.Y. businessman Cal Harris to be tried fourth time for allegedly murdering wife - Acquitted

Tubbs testifies he saw Michele alive in Harris driveway

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  7:46 p.m. EDT April 13, 2015

Legal arguments over the extent of testimony from Kevin Tubbs, a key defense witness in the Cal Harris murder trial, has been delayed in Schoharie County Court.

SCHOHARIE –  The witness whose 2007 account of events on Sept. 12, 2001, led to Cal Harris' first conviction for second-degree murder being overturned took the stand Monday in Schoharie County Court.

On the morning of Sept. 12, 2001, Kevin Tubbs left his Candor home around 5 and made the roughly half-hour drive to a Spencer farm to load bales of hay onto his truck, he told jurors Monday.

By 6 a.m., he drove his trailer past the Spencer home of Cal Harris, where a man and a woman were standing at the end of the driveway outside their parked cars. The woman, who had blonde hair, appeared upset, Tubbs testified.

He now believes that woman was Michele Harris, he said.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/13/cal-harris-murder-trial-tubbs-testimony/25709091/

Judge could OK new Harris defense witness

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  9:15 p.m. EDT April 14, 2015

The defense for Cal Harris continues presenting its case, as the Spencer man's trial for second-degree murder enters its tenth week in Schoharie County Court.

SCHOHARIE – Attorneys sparred Tuesday over allowing a potential defense witness to help connect testimony from Kevin Tubbs to the Texas man who Cal Harris' lawyers say played a role in the murder of Michele Harris.

Defense lawyer Bruce Barket said his proposed witness, Texas resident Julie Brinkman, would testify about her former boyfriend Stacy Stewart, whom the defense had sought to implicate in the alleged crime.

Tubbs, a Tioga County resident, previously testified he saw a blonde woman matching Michele Harris' description talking with a "clean-cut" man in his mid-20s at the end of the Harris driveway in Spencer as he drove past on the morning of Sept. 12, 2001.

According to defense attorneys, Stewart was the man Tubbs saw.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/14/tubbs-cal-harris-testimony-continues/25755573/

Cal Harris attorneys call final expected witness

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  2:29 p.m. EDT April 20, 2015

Defense attorneys for Cal Harris are continuing to present their case as the 11th week of testimony opens in Schoharie County Court

SCHOHARIE – Defense lawyers for Cal Harris called their final expected witness to the stand on Monday in Schoharie County Court.

In brief testimony, John Wandell told jurors his former co-worker, Stacy Stewart, drove a black pickup truck in 2001. He also described Stewart's physical appearance, and said he did not recall whether Stewart was at work on Sept. 11, or 12, in 2001.

Stewart, a Texas native, was living in Tioga County in 2001 and frequented the Waverly restaurant where Michele Harris worked as a waitress, according to the defense. Cal Harris' attorney Bruce Barket argues that Stewart played a role in her murder and disappearance, instead of his client.

Prosecutors had no questions for Wandell, who stepped down from the stand after 15 minutes.

In court Monday, Barket said he has no more expected witnesses as a result of Judge George Bartlett's decision in March to prohibit any testimony or evidence to implicate Stewart in the crime. Barket said in court there are other witnesses he would like to call, were it not for the court's ruling.

"I'm not going to rest," Barket said in court.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/20/cal-harris-murder-trial-week-eleven-testimony/26067855/

Cal Harris defense team rests its case

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  8:49 p.m. EDT April 20, 2015

Rebuttal witnesses will precede closing arguments

SCHOHARIE –  After calling testimony from 13 witnesses over a span of two weeks, defense lawyers in Cal Harris' murder trial have rested their case.

Defense lawyer Bruce Barket called his final expected witness on Monday, which marked the start of the 11th week of trial testimony.

~Snipped~

Several more rebuttal witnesses are expected from the prosecution before both sides can deliver their closing arguments to the jury. Bartlett said that could take place Wednesday or Thursday.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/20/cal-harris-murder-trial-week-eleven-testimony/26067855/

Judge says Cal Harris jury could get case by next week
Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 9:38 p.m. EDT April 21, 2015

SCHOHARIE – Jurors have heard testimony from over 60 witnesses over the span of 11 weeks in the murder trial for Cal Harris. By early next week, they could begin deciding his fate.

Schoharie County Judge George Bartlett left jurors with that plan in mind Tuesday after prosecutors called the last of six rebuttal witnesses.

A juror's scheduling conflict prompted Bartlett to delay further proceedings until Monday, but attorneys will meet with the judge on Wednesday to determine his final instructions to jurors.

When court proceedings resume Monday, Bartlett said, the defense could call two more brief witnesses, then attorneys would deliver their closing arguments to jurors. The panel would return to court the next day to begin deliberations.

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/21/cal-harris-rebuttal-witnesses-schoharie-county/26121909/

Attorneys paint conflicting portraits of Cal Harris

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  12:12 a.m. EDT April 26, 2015

After three months and testimony from more than 60 witnesses, the case against Cal Harris will soon be in the hands of a jury for the third time.

SCHOHARIE –  Over the course of 11 weeks, attorneys on both sides of the Cal Harris murder outlined their cases in painstaking detail.

Jurors listened as each witness testimony unfolded and watched as every piece of evidence entered the record: close-up images of bloodstains, remembered conversations and sounds in the night, lab results and maps and framed images of Michele Harris.

Both sides have worked to create a distinct portrait of Cal Harris. One one side is a murderer who refused to cede control in a bitter divorce and showed no emotion in the wake of his wife’s disappearance on Sept. 11, 2001. On the other, a devoted father innocent of the alleged crime, who has worked to keep his estranged wife’s memory intact for their four children.

As early as Monday, the prosecution and defense are expected to deliver their closing arguments, asking 12 jurors to examine those portraits and decide which one conveys the truth.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/26/attorneys-paint-conflicting-portraits-cal-harris/26333495/

Harris defense: 'It's time to look elsewhere'

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli   8:18 p.m. EDT April 28, 2015



The defense will make its closing argument first, followed by the prosecution. Judge George Bartlett will issue final jury instructions, before the panel begins deliberating on a verdict.

SCHOHARIE –  As Cal Harris' four children looked on, defense lawyer Bruce Barket told jurors Tuesday that his client's family has endured a 14-year prosecution with no proof that Harris killed his wife.

Barket delivered a nearly four-hour-long closing argument Tuesday in Schoharie County Court, bringing the second-degree murder trial for Harris a step closer to its conclusion. The prosecution is expected to present its closing argument Wednesday, and the jury could begin deliberations as early as Wednesday afternoon.

Barket said that despite exhaustive search efforts, forensic investigations and police interviews with potential witnesses that occurred in the wake of Michele Harris' disappearance on Sept. 11, 2001, the case against Cal Harris cannot stand up to scrutiny.

Neither Michele's body nor a murder weapon has been found, Barket reminded jurors. He urged them to use common sense and good judgment to conclude that Cal Harris could not have committed the crime.

"Had Cal been the right person, the mystery of what happened to Michele Harris would be solved," Barket said. "The mystery endures. It's time to look elsewhere."

Read  more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/28/cal-harris-jury-hear-closing-arguments-morning/26500299/

Prosecution: Cal Harris was 'only known enemy'

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  8:19 a.m. EDT April 30, 2015

After 11 weeks of testimony, the prosecution's final arguments were made to jurors and the 12-member panel will begin deciding the fate of Cal Harris on Thursday.



SCHOHARIE – District Attorney Kirk Martin told jurors Wednesday that the precise chain of events in Michele Harris' disappearance and alleged murder might never become clear.

Her body has never been found. Neither has a murder weapon. But the circumstantial evidence, he said during his closing argument, is strong enough to prove Cal Harris killed his estranged wife the night of Sept. 11, 2001.

"Her only known enemy was Cal Harris," Martin told jurors in a roughly four-hour speech. "When viewed in its entirety, the evidence against the defendant is powerful in this case."

Martin's closing argument Wednesday brings the case one step closer to a verdict. On Thursday, Schoharie Judge George Bartlett is scheduled to give jurors their final instructions.

Read more:

http://www.ithacajournal.com/story/news/crime/cal-harris/2015/04/29/da-martin-deliver-closing-argument-harris-trial/26560783/

Deliberations begin today in the Calvin Harris trial

By Wendy Post (Times-Shamrock Writer)

Published: April 30, 2015

After over 11 weeks of testimony, 50 prosecution witnesses, a dozen defense witnesses, and days of arguments between the defense and prosecution, the jury in the Calvin Harris second-degree murder trial will enter into deliberations in the Schoharie County Courthouse today.

But this did not come without more arguments on Wednesday as defense attorney Bruce Barket objected to the prosecution's arguments within less than one minute of their delivery.

Tioga County District Attorney Kirk Martin began presenting closing arguments, telling the jury that Calvin Harris was Michele Harris' only known enemy. But then, when he said, "There is no evidence of anyone else having a motive," the defense immediately and emphatically objected.

The defense argued, outside of the jury, that they had evidence but were not allowed to present it because of a third-party culpability ruling - mainly referring to evidence they claimed to have regarding Stacy Stewart's involvement in Michele Harris' disappearance.

The defense said the prosecutor's statements were "burden-shifting" and "improper."

Read more:

http://thedailyreview.com/news/deliberations-begin-today-in-the-calvin-harris-trial-1.1872881

Cal Harris' fate in the hands of the jury

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  7:25 p.m. EDT April 30, 2015

Judge gives final instructions, jurors begin deliberations in Cal Harris trial on Thursday afternoon


Attorney Bruce Barket, center, and his client, Cal Harris, right right, wait for their lunches outside the Schoharie County Courthouse Thursday at midday. (Photo: SIMON WHEELER / Staff Photo)

SCHOHARIE –  For a third time, the fate of Cal Harris has been delivered into the hands of 12 jurors.

The jury of seven men and five women began deliberating at 12:30 p.m. Thursday, tasked with deciding whether prosecutors proved beyond a reasonable doubt that Harris is guilty of second-degree murder.

Harris, 53, of Spencer, is accused of killing his estranged wife, Michele Harris, then 35, though neither her body nor a weapon has ever been found.

Tioga County District Attorney Kirk Martin's case rests largely on circumstantial evidence. Defense attorney Bruce Barket says there is insufficient proof against his client and that other possible suspects were overlooked.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/04/30/jurors-await-start-deliberations-cal-harris-trial/26629671/

Jurors to resume deliberations Monday in Harris trial

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  6:42 p.m. EDT May 1, 2015

The jury tasked with deciding whether Cal Harris is guilty or not guilty of second-degree murder is in its second day of deliberations, after a trial that spanned 11 weeks of testimony

SCHOHARIE – The jury charged with determining the guilt or innocence of Cal Harris concluded its second day of deliberations Friday without reaching a verdict.

Jurors will reconvene Monday to resume deliberating and discussing evidence presented over a span of 11 weeks in Schoharie County Court in the second-degree murder case against Harris.

Judge George Bartlett sent the jurors home early Friday evening, acknowledging their efforts during the past three months.

"I'm sure you're as tired as we are," Bartlett told jurors. "I can't thank you enough for your service."

Read more

http://www.pressconnects.com/story/news/crime/cal-harris/2015/05/01/harris-jury-deliberates-second-day/26694065/

Cal Harris jury deliberating for a third day

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  12:50 p.m. EDT May 4, 2015

Schoharie County Court jurors are continuing to deliberate the fate of Cal Harris, after getting the case Thursday.

SCHOHARIE – Jurors are continuing deliberations for a third day, to determine Cal Harris' guilt or innocence of second-degree murder.

The jury, which began deliberating Thursday, must unanimously decide whether prosecutors proved beyond a reasonable doubt that Cal Harris killed his estranged wife, Michele Harris, on Sept. 11, 2001.

On Monday morning, the jury asked Judge George Bartlett to clarify for them the legal definitions of reasonable doubt, circumstantial evidence, and direct evidence.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/05/04/jury-enters-third-day-deliberations-harris-trial/26861239/

'He's a really great guy': Children of millionaire dad accused of murdering their mother are convinced that he is innocent

. Michele Harris was last seen on September 11, 2001, in Waverly, New York
. Her husband Cal Harris, 53, has twice been convicted of her murder
. A third jury has been deliberating over the case for two days in NY state
. His daughter Cayla said 'we need to tell people he's a really great guy'

By Ted Thornhill for MailOnline
Published: 10:25 EST, 4 May 2015  | Updated: 16:33 EST, 4 May 2015

Read more:

http://www.dailymail.co.uk/news/article-3067449/Millionaire-father-four-prepares-hear-verdict-trial-wife-s-murder-2001-kids-believe-innocent.html#ixzz3ZD0dC6F1

Harris jury finishes a third day without verdict

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 6:15 p.m. EDT May 4, 2015

Schoharie County Court jurors are continuing to deliberate the fate of Cal Harris, after getting the case Thursday.

SCHOHARIE – For a third day, jurors failed to reach a verdict in the murder trial of Cal Harris.

Schoharie County Judge George Bartlett ordered the jury to resume deliberations Tuesday.

Since jurors were handed the case last week, they have spent nearly 13 hours in deliberations. On Monday, Bartlett allowed them to take a 20-minute break, step outdoors and enjoy the pleasant afternoon sunshine before returning to their task.

The jurors must return a unanimous verdict that rests on whether they feel prosecutors proved beyond a reasonable doubt that Cal Harris killed his estranged wife, Michele Harris, on Sept. 11, 2001.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/05/04/jury-enters-third-day-deliberations-harris-trial/26861239/

Jury deadlocked in Cal Harris trial; judge orders continued deliberations

By Julianne Peixoto



May 5, 2015

Updated May 5, 2015 at 7:19 PM EDT

Schoharie, NY (WBNG Binghamton) The jury announced it was deadlocked at 12:15 p.m. Tuesday during the fourth day of deliberations in the third Cal Harris murder trial.

Schoharie County Judge George Bartlett instructed the jury to continue deliberating until a verdict is reached.

"There is no reason to believe another jury would be more intelligent, reasonable or fair as you all," Bartlett told the jury.

He instructed jurors to continue deliberating but to start with a fresh slate. He told them to be honest with themselves, but to also listen to fellow jurors.

Jurors retired to the jury room to continue deliberating around 12:30 p.m. A little more than an hour later, the jury submitted its fifteenth note asking to view various evidence exhibits.

The list of exhibits was long and included DNA charts, photos of bloodstain evidence and a portion of a rug with a blood transfer stain from the Harris' house.

Jurors also asked for a magnifying glass.

Read more:

http://www.wbng.com/news/video/Jury-deadlocked-in-Cal-Harris-trial-302585431.html

Harris jury says it is still deadlocked
Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 7:37 p.m. EDT May 11, 2015

'Further deliberations will be fruitless' jurors tell the judge

SCHOHARIE - Jurors in Cal Harris' murder trial on Monday declared for a second time that they are deadlocked in their ability to reach a unanimous verdict.

"We feel further deliberations will be fruitless," jurors said in a note delivered to Schoharie County Judge George Bartlett just before 5 p.m.

Bartlett must now decide whether to declare a mistrial or to repeat an Allen charge urging the jury to continue its deliberations until a verdict is reached. Bartlett issued the charge May 5 after the jury first announced it was deadlocked.

Bartlett made no formal decision before sending jurors home Monday, but he indicated he wanted the deliberations to continue. Jurors are scheduled to return to the courthouse at 10 a.m. Tuesday.

Read more:  http://www.pressconnects.com/story/news/crime/cal-harris/2015/05/11/day-will-cal-harris-jury-reach-verdict/27110289/

Cal Harris jury declares deadlock for a third time
8 p.m. EDT May 14, 2015

SCHOHARIE – Jurors in Cal Harris' murder trial declared Thursday for a third time that they are deadlocked in their efforts to reach a unanimous verdict.

They delivered a note with the news to Judge George Bartlett at 4:30 p.m., after 52 hours of deliberations that have spanned 11 days.

"We the jury have still been unable to reach a unanimous decision," the note read. "After extensive discussion and re-examination of the evidence ... we feel each juror is full set in their position."

But the note also indicated some division among the jurors over that decision, prompting Bartlett to give some consideration to the next step. He asked jurors to return to court at noon Friday, leaving it unclear whether he would ask them to continue their deliberations as he has twice before.

Defense lawyer Bruce Barket asked the judge to consider declaring a mistrial.

"This is not rocket science; they're deadlocked," Barket said Thursday.

Read more (under the pictures):  http://www.pressconnects.com/story/news/crime/cal-harris/2015/05/14/cal-harris-jury-th-day-deciding-case/27295825/

Mistrial Declared in Third Murder Trial for Cal Harris, Whose Wife's Body Was Never Found
05/15/2015 AT 02:30 PM EDT

After the jury in the Cal Harris murder trial declared it was deadlocked for the third time on Thursday, Judge George Bartlett declared a mistrial on Friday.

It was the third trial for Harris, 53, who has previously been convicted twice of killing his estranged wife Michele, but both times the verdicts were set aside – the first verdict, from 2007, after a new witness emerged to say he'd seen Michele after investigators believe she was killed, and the second verdict, from 2009, after a ruling that mistakes were made during the trial.

...So is Harris headed for a fourth trial? Barket tells PEOPLE that seems likely. "We will continue our investigation," he says. "We'll get ready for the next step, which is probably going to be another trial."

...Harris is due in court again on Aug. 12.

Read more:  http://www.people.com/article/cal-harris-murder-trial-judge-declares-mistrial

48 Hours: The Trials of Cal Harris
By Erin Moriarty CBS News  May 22, 2015, 3:17 PM

TIOGA COUNTY, N.Y. -- What is it like to finally meet the accused killer you've waited years to interview?

"48 Hours" has followed the case of Cal Harris, the man accused of killing his wife, for nine years - and we waited seven of them to interview him. Michele, 35, a beautiful young mother of four children, vanished sometime late on the night of Sept.11, 2001 and has not been seen since.

...The man who refused to talk to reporters for seven years was suddenly more than willing to talk....about himself. He insisted that he had been unfairly portrayed in the press.

See Erin Moriarty's full interview with Harris during "Cal Harris: Deadlocked," airing Saturday at 10 p.m. ET/PT on CBS.

(BBM)

Read more:  http://www.cbsnews.com/news/48-hours-the-trials-of-cal-harris-2/

I watched the 48 Hours episode Saturday night.  Here it is:



The source article has a lot of it in written form, including the last statement of the show:

Lawyers are scheduled to meet in August to set a date for a fourth trial.

Read here:  http://www.cbsnews.com/news/cal-harris-deadlocked/

Dateline NBC's episode tonight is about this case.  It's entitled "The Mystery at Empire Lake".

Moving from Developing Stories to Awaiting Trial (4th trial!)

Cal Harris pleads not guilty to harassment charge
By WBNG News  July 2, 2015 Updated Jul 2, 2015 at 5:47 PM EDT

Owego, NY (WBNG Binghamton) Cal Harris pleaded not guilty to a harassment charge in the Village of Owego Court Thursday afternoon.

...The report said after the class, Cal Harris shouted profanities, threatened and brushed up against Zikuski several times in an attempt to start a fight.

Harris was charged with harassment in the second degree. His next court date is scheduled for Aug. 27.

Read more:  http://www.wbng.com/news/local/Cal-Harris-pleads-not-guilty-to-harassment-charge-311504571.html

Cal Harris conference could set fourth trial date
Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 2:22 p.m. EDT August 20, 2015

After three trials — two reversed convictions and one mistrial — the murder case against Cal Harris is poised to begin a path toward yet another jury.

That journey is expected to be mapped out Wednesday in the same Schoharie County courtroom that hosted Harris’ most recent trial — a contentious and costly four-month ordeal that ended with the jury hopelessly deadlocked over whether proof exists to convict Harris of killing his wife, Michelle, nearly 14 years ago.

Read more:  http://www.pressconnects.com/story/news/crime/cal-harris/2015/08/20/cal-harris-conference-set-fourth-trial-date/32053205/

Cal Harris' 4th trial to begin March 2
Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 3:55 p.m. EDT August 26, 2015

For the fourth time, a jury will attempt to decide whether Cal Harris murdered his wife.

Schoharie Judge George Bartlett set a trial date of March 2 for Harris during a brief conference Wednesday. Proceedings took place in the same courtroom where Harris' grueling third trial played out over four months before ending in a hung jury and a mistrial.

...Barring a decision by Bartlett to toss out the murder charge, attorneys will return to the courtroom Jan. 20 for a pretrial conference to discuss updates ahead of the new trial date.

(BBM)

http://www.pressconnects.com/story/news/crime/cal-harris/2015/08/26/what-happens-next-cal-harris/32389101/

Judge won't dismiss Cal Harris murder charge

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli   3:34 p.m. EST November 9, 2015

A judge has denied a request by Cal Harris' defense team to toss out the second-degree murder charge, leaving the door open for the Spencer man's fourth trial next year.

Schoharie County Judge George Bartlett, who presided over a grueling four-month trial that ended with a hung jury, issued the decision after the defense for Cal Harris, 54, argued prosecutors failed to bring enough evidence that their client intentionally killed his wife, Michele, in September 2001.

The body of Michele Harris has never been found. Neither has the weapon prosecutors say was used to incapacitate and kill her at the rural estate in Spencer.

Jurors in Cal Harris' third trial declared they were deadlocked in deciding a unanimous verdict for second-degree murder, prompting Bartlett to declare a mistrial.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/11/09/judge-wont-dismiss-cal-harris-murder-charge/75472042/

Cal Harris' 4th trial gets new judge

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli 11:33 a.m. EST December 9, 2015

A state Supreme Court justice from Columbia County will preside over Cal Harris' fourth murder trial, poised to begin March 28.

The Hon. Richard Mott was assigned to the case in a Dec. 4 decision from the state's Third Judicial District. The assignment is in addition to his other duties and assignments, the decision states.

Mott was elected to the Supreme Court bench in 2012. Before that, he was a private practice attorney since 1982 and has also served in the Columbia County Public Defender's Office.

Per the court's decision, Cal Harris' fourth trial goes from Schoharie County Court to the state Supreme Court in Schoharie County.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2015/12/08/cal-harris-4th-trial-gets-new-judge/76973592/

Cal Harris Accused of Verbal Harassment at Tioga County Business
By TWC News Web Staff
Thursday, January 28, 2016 at 10:44 AM EST

...Harris is the Tioga County businessman accused of killing wife Michele back in 2001. He's now also been accused of verbally harassing someone at a Tioga County business back in mid-December.

Read more:  http://www.twcnews.com/nys/binghamton/news/2016/01/28/cal-harris-accused-of-verbal-harassment-at-tioga-county-business-.html

HARRIS CASE: Clothes found in burn pit, defense says (Video)

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  7:08 p.m. EDT March 21, 2016


A view of the burn pit in Lockwood where possible evidence of Michele Harris was found earlier this year, according to Cal Harris attorneys.

Attorneys for Cal Harris say a partial bra strap and pieces of fabric discovered earlier this year in a Tioga County burn pit could help prove their client is innocent of murdering his wife nearly 15 years ago.

The defense team cited the new evidence in a court filing made public Monday that renews their effort to present jurors with testimony they say implicates two other men in the disappearance of Michele Harris on Sept. 11, 2001. A state Supreme Court judge in Schoharie County will decide whether the new information will be allowed in front of a jury.

Cal Harris' fourth murder trial is expected to begin March 28.

Read more:

http://www.pressconnects.com/story/news/public-safety/2016/03/21/harris-case-womans-clothes-found-burn-pit-defense-says/82075306/

Cal Harris' Defense May Get Boost if New Evidence Allowed for Fourth Murder Trial

By Cara Thomas
Sunday, March 27, 2016 at 01:50 PM EDT

For 15 years, Cal Harris has been under constant suspicion that he killed his estranged wife in their Tioga County home, and after three trials and two thrown-out convictions, Harris' fourth trial is slated to begin this week. Prosectors allege Harris beat and strangled Michele Harris before hiding her body. As Cara Thomas explains, this time around, the defense is hoping to point the blame elsewhere.

OWEGO, N.Y. -- Cal Harris, an Owego businessman accused of killing his estranged wife Michele in 2001, has undergone 15 years of scrutiny with years of suspicion leading to two convictions by Tioga County juries.

But those convictions were overturned. The third trial, which included 10 weeks of testimony and was moved to Schoharie County, ended with a hung jury in May 2015.

Legal experts say reasonable doubt may have surfaced after one witness, Kevin Tubbs, began testifying in the second trial. Tubbs came forward after Harris' first conviction, leading the verdict to be thrown out.

"I think the injection of that testimony, that someone saw her at the end of her driveway after she was allegedly murdered is what's caused the biggest delay in getting a resolution of this case," said legal expert Paul DerOhannesian.

Read more:

http://www.twcnews.com/nys/binghamton/cal-harris/2016/03/25/fourth-murder-trial-ahead-for-cal-harris.html

Cal Harris Defense Raises New Evidence Ahead of 4th Murder Trial in Wife's Disappearance
By IGNACIO TORRES and Lauren Effron
Mar 28, 2016, 8:39 PM ET

...Today, Harris waved his right to be tried by a jury as he faces his fourth murder trial in his wife’s disappearance, which means it will be up to a judge to decide the verdict.

...Some of the items the defense says were found in the outdoor fire pit include a knife blade, a decorative button, a partial shoulder strap that could be from a bra, a woman’s bathing suit or a woman’s purse, and two fragments of charred fabric, one dark blue or black in color, the other light colored. No DNA was found, Barket said, but some fragments were sent for further examination.

...Barket has filed a motion asking the judge to allow the newly discovered evidence from the outdoor fire pit -- evidence that the defense says points to two new suspects, one of them being Stacey Stewart. The judge has yet to rule on whether the new evidence will be admissible.

Read more:  http://abcnews.go.com/US/cal-harris-defense-raises-evidence-ahead-4th-murder/story?id=37981687

4th Harris trial opens with dueling theories (Video)

Anthony Borrelli, aborrelli@pressconnects.com | @PSBABorrelli  6:54 p.m. EDT March 31, 2016


(Photo: ANDREW THAYER / Staff Photo)

As the fourth murder trial for Cal Harris opened Thursday, prosecutors called the disappearance of Michele Harris a tale of domestic violence, a failed marriage and an estranged husband's attempts to avoid the consequences.

When Michele Harris returned to her rural Spencer home late Sept. 11, 2001, they say, Cal Harris was waiting. He attacked her as their four children slept upstairs, Tioga County District Attorney Kirk Martin said in Schoharie County Court.

But defense lawyer Bruce Barket, in his opening statement Thursday, offered a starkly different story: Authorities have used "substitute evidence" against Cal Harris, 54, of Spencer, over the course of 15 years, and none of it is proof of guilt beyond a reasonable doubt.

Read more:

http://www.pressconnects.com/story/news/crime/cal-harris/2016/03/31/cal-harris-trial-no-4-begins-today/82444646/

Moving to Current Trials.

^^^Thank you, CP!

Cal Harris Trial: Testimony Begins With Former Babysitter (Video)

By Cara Thomas
Friday, April 1, 2016 at 07:56 AM EDT

The fourth murder trial for Cal Harris is now underway. The Tioga County businessman is charged with murder for the presumed death of his wife Michele in 2001. Lawyers presented their opening statements Thursday, and the first witness took the stand. As Cara Thomas explains, attorneys are presenting two very different accounts of the events surrounding Michele Harris' disappearance.

SCHOHARIE, N.Y. -- They have very different accounts of what happened to Michele Harris on September 11, 2001, but both the prosecution and defense agree -- Tioga County businessman Cal Harris and his wife were not a happily married couple for at least a year before she disappeared. Michele Harris was actively seeking a divorce. But it's how her husband responded where the prosecution and defense disagree.

~Snipped~

The defense says Harris never threatened Michele's life and even went so far to say that much of the evidence against his client has been manufactured. Defense Attorney Bruce Barket says the prosecutors have been building a case against Harris for years, and they're using witnesses to do it.

One of them is Barbara Thayer. She was the first witness to take the stand Thursday, and was the children's babysitter at the time.

Thayer says the last time she saw Michele was the afternoon of September 11. The next morning she received a call from Cal Harris saying Michele never came home the night before, and he needed help getting the kids ready for school.

Read more:

http://www.twcnews.com/nys/central-ny/news/2016/04/1/cal-harris-trial-testimony-begins.html

Cal Harris Trial Blog: Michele Harris' Family Testifies (Video)

By TWC News Web Staff
Updated Tuesday, April 5, 2016 at 08:23 PM EDT

Testimony continued in the fourth Cal Harris murder trial Tuesday, with family members taking the stand.

Harris is accused of killing his wife, Michele, in September of 2001.

Michele's brother and sister-in law were among those to take the stand. Shannon Taylor broke down crying during testimony. She talked about a call she made to Michele, when she heard screaming in the background. She said Michele tried to leave, but Harris trapped her in the garage.

Michele's brother, Greg, said they suspected Harris from the beginning.

Defense attorney, Bruce Barket asked if Shannon Taylor knew Stacey Stewart. Barket said Taylor told CBS' "48 Hours" program that she had heard of him, but on the stand Tuesday, Taylor said that was incorrect.

And the defense consistently asks witnesses about potential drug use by Michele.

Testimony continues Wednesday.

Read more:

http://www.twcnews.com/nys/central-ny/cal-harris/2016/03/27/cal-harris-murder-trial-blog.html

Cara Thomas ‏@CThomasTWCNews  · 5h
Court dismissed for the day. Will return tomorrow 9:45am. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h
Taylor says Michele told her she needed to get home and clean up the blood before Cal gets home. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
Taylor says she remembers that Tanner, the youngest Harris child, cut his forehead. Michele and Shannon took him to the hospital


Cara Thomas ‏@CThomasTWCNews  · 5h
Defense asks Shannon if she or her husband or Brian Earley ever went out to look for Michele. She said no. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
Taylor testifies that she knew Michele was using calling cards to hide her relationship with Brian Earley from her husband. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
Defense asks Taylor if she knew Dec 8, 2000 was the day Michele told Cal that she wanted a divorce? She said no.


Cara Thomas ‏@CThomasTWCNews  · 5h  
Taylor says she may have told people Cal had an investigator, but doesn't remember telling them not to talk to him. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
Defense asks if she went to Lefty's, where Michele used to work, and told people not to speak with Cal's investigator. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
Defense asks Taylor if she ever spoke with an investigator Cal hired. She says no. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
But defense says that's not what she said during an interview with 48 hours. #calharristrial


Cara Thomas ‏@CThomasTWCNews  · 5h  
During cross exam: defense asks Taylor if she had heard of Stacy Stewart. She says no, not at the time of Michele's disappearance


More ...

https://twitter.com/CThomasTWCNews?ref_src=twsrc%5Etfw

Cal Harris' in-laws take the stand, have 'no doubt' he killed Michele
By Josh Martin
April 5, 2016 Updated Apr 5, 2016 at 8:09 PM EDT

Schorharie, NY (WBNG Binghamton) Cal Harris' in-laws took the stand Tuesday on the third day of testimony in his fourth murder trial.

...During the third trial in 2015, Greg Taylor said “there is no doubt in my mind" that Cal killed Michele. Tuesday, Taylor reiterated he and his family have always suspected Cal was Michele’s killer but never approached him about it.

Shannon Taylor took the stand after her husband Greg late Tuesday afternoon. Fighting back tears through portions of her testimony, Shannon stated she knew in December 2000 that Michele wanted a divorce.

According to Taylor, on Dec. 8, 2001, she called Michele from her house phone to check on her. The phone was answered but she didn’t hear a response right away. Taylor claims she heard Michele and Cal arguing and that Cal continuously told Michele to hang up the phone.

Read more:  http://www.wbng.com/news/local/Cal-Harris-in-laws-take-the-stand-have-no-doubt-he-killed-Michele-374682641.html

No DNA found on items produced by Cal Harris' defense team
By Josh Martin
April 6, 2016 Updated Apr 6, 2016 at 10:39 PM EDT


Schoharie, NY (WBNG Binghamton) New evidence Cal Harris' defense team claims it found in a burn pit may not be admissible for trial.

Cal Harris' defense attorney Bruce Barket announced on Wednesday after several DNA tests, no DNA was found on any items.

...The testimony continued Wednesday as several witnesses took the stand.

Among them, Michele Harris' hairdresser, Jerome Wilcynski, whom she saw about every five weeks. Wilcynski claims Cal Harris called Michele while she was getting her hair done in the summer of 2001.

Wednesday, Wilcynski testified that he could hear Cal yelling at Michele. She then looked at him to says quote "listen to how my husband talks to me." Wilcynski put his ear to the phone and heard yelling.

He claims he heard Cal telling Michele to drop the divorce, he was swearing uncontrollably and said quote " I can make you disappear."

Read more:  http://www.wbng.com/news/local/No-DNA-found-on-items-produced-by-Harris-defense-team-374834921.html

Blood stains in Cal Harris garage appeared 'diluted,' expert testifies
By Robert Gavin Updated 10:02 pm, Friday, April 8, 2016

A State Police investigator testified at the Cal Harris murder trial Friday that blood stains found in the garage of the wealthy Binghamton-area car dealer following the 2001 disappearance of his wife appeared to have been diluted.

...The testimony of Andersen could bolster the prosecution's argument that Harris tried to clean up his wife's blood from the crime scene to cover his tracks.

Read more:  http://www.timesunion.com/local/article/Blood-stains-in-Cal-Harris-garage-appeared-7237624.php

Bring it in (verdict) or let him go.
This is ridiculous how many times it has wasted court time.
Double jeopardy will have to eventually come in to play.

Cal Harris trial sees NYSP investigator return to stand (Video)

By WBNG News

Updated Apr 12, 2016 at 11:32 PM EDT

Schoharie, NY (WBNG Binghamton)-- An expert witness for the prosecution in the fourth Cal Harris murder trial has spent more than 10 hours on the stand.

On Tuesday, New York State Police Senior Investigator Steven Anderson took the stand once again.

Anderson stated no evidence of a body being moved was found on Cal's Harris' ATVs, truck or boat. The prosecution said in its opening arguments it believes Cal killed Michele in the home and then moved her body--possibly with an ATV.

Anderson also testified he found 82 stains on a rug leading from the Harris garage. He testified 51 of those came back positive for blood.

He added that while searching the Harris home he did not smell any odors of cleaning materials.

Read more:

http://www.wbng.com/news/local/Cal-Harris-trial-sees-NYSP-investigator-return-to-stand-375486761.html

Cal Harris Trial Blog

By TWC News Web Staff
Updated Tuesday, April 12, 2016 at 04:47 PM EDT



4:47 p.m., April 12

After a later start Tuesday, a state police investigator returned to the stand as senior investigator Steven Anderson continued his testimony from Friday.

As on Friday, focus was on blood stains found in the Harris home. Anderson said a rug in an alcove was tested, even though he didn't initially see stains on it. He said 82 stains were found on the bottom of the rug, 51 of which tested positive for blood.

Anderson also testified more than 100 stains were found on the garage floor, most smaller than 1 millimeter.

On cross-examination, the defense asked if all stains from the garage floor were collected. Anderson said only a representative sampling was taken, because they all appeared consistent.

The defense suggested the blood spots could have come from sneezing or coughing, and Anderson said tests were not performed that may have indicated that.

He testified no blood was found on the tires or outside of Michele's van, which was at the end of the driveway the morning after she was last seen.

An ATV, truck, boat and deck were also tested, and no DNA or blood was found.

Judge Richard Mott, who will decide Harris' fate in this bench trial, questioned Anderson about the stains as well.

Read more:

http://www.twcnews.com/nys/binghamton/cal-harris/2016/03/27/cal-harris-murder-trial-blog.html

From above, April 5. by AD:


https://twitter.com/CThomasTWCNews?ref_src=twsrc%5Etfw

"....Cara Thomas ‏@CThomasTWCNews · 5h
Defense asks Shannon if she or her husband or Brian Earley ever went out to look for Michele. She said no. #calharristrial


Cara Thomas ‏@CThomasTWCNews · 5h
Taylor testifies that she knew Michele was using calling cards to hide her relationship with Brian Earley from her husband. #calharristrial


Cara Thomas ‏@CThomasTWCNews · 5h
Defense asks Taylor if she knew Dec 8, 2000 was the day Michele told Cal that she wanted a divorce? She said no. ..."

There are the clues...

Cal Harris Trial Blog

By TWC News Web Staff
Updated Wednesday, April 13, 2016 at 07:36 PM EDT

4:45 p.m., April 13

The judge in the latest Cal Harris murder trial will not let anything delay the trial, pushing witnesses through quickly. Six witnesses took the stand Wednesday. Senior Investigator Steven Anderson finished his testimony, followed by crime lab staffer Bradley Brown.

Brown had a commitment Wednesday afternoon, so his testimony will continue Thursday.

~Snipped~

:35 p.m., April 13

After a brief hearing on how photos of stains found inside the Harris home were developed, the trial resumed with a crime lab staffer, Bradley Brown, who said two of the 11 blood kits collected tested positive for human blood. After the first two tested positive, he said there isn't need to test the others.

Brown will continue testimony Thursday morning.

12:14 p.m., April 13

Prosecution calls their first witness, Paul DeSarbo, a retired film processing business owner. And in regards to the photos, DeSarbo says in his experience there is no way to alter a negative film image.

11:45 a.m., April 13

Barket says on a 48 Hours episode, the former Tioga County district attorney said that some photos were altered. The lead investigator on the case allegedly said that they used exposure enhancement on the photos.

People argue those alterations only change the lighting in the photo not what it depicts. But the defense wants to know if negatives were altered in the process.

Defense says they did not subpoena any witnesses for this hearing because they didn't know what the prosecution was going to present.

Read more:

http://www.twcnews.com/nys/binghamton/cal-harris/2016/03/27/cal-harris-murder-trial-blog.html

Alessandra, thanks for the link to the TWC blog. Very helpful in following along.

CuriousPortlander wrote:
Alessandra, thanks for the link to the TWC blog.  Very helpful in following along.

You are welcome!

Cal Harris Trial Blog

By TWC News Web Staff
Updated Wednesday, April 14, 2016 at 05:55 PM EDT

5:10 p.m., April 14

Four neighbors took the stand in the Cal Harris trial Thursday afternoon, with most of the testimony focusing on the overnight hours from September 11th to 12th, and Michele's van, which was found at the end of the couple's driveway.

Brian Weber testified that he and his wife drove by the Harris home as they returned from a trip to New York City around 12:30 a.m. He doesn't remember seeing Michele's van at the end of the driveway.

Eleanor Cobb says she was woken up overnight by her dog barking, and she heard a door slam. She testified she never remembers anyone parking a car at the end of the Harris driveway in all the time she lived there.

William Hurd said he left for work between 4:30 and 5:30 a.m. He remembers seeing a light-colored vehicle at the end of the driveway, but on cross-examination said it wasn't unusual to see vehicles there.

Lorrie Schultz says she drove by the home around 5 a.m. and also saw the van. She says the lights were on, but no one was inside. Schultz slowed down because she says it was unusual to see the van at the end of the driveway.

Also Thursday, the judge denied a motion by the defense to strike photos of blood evidence from the record over questions of whether or not they were altered, based on comments in a 48 Hours special. A state police investigator testified the original prints were used in the trial.


1:45 p.m., April 14

Despite a speedy trial day Wednesday, only two witnesses were called to testify Thursday.

Two forensic scientists testified on the blood stains that have surrounded the trial for days.

Brown, who was also in court on Wednesday, wrapped up his testimony, and John Brenner was called to the stand.

It is expected that Brenner will talk about the DNA results and if the blood stains in fact match up to Michele Harris. But so far, he has only talked about what DNA is and the process for analyzing said DNA.

Read more:

http://www.twcnews.com/nys/binghamton/cal-harris/2016/03/27/cal-harris-murder-trial-blog.html

Solid time line. Thanks!

Cal Harris Trial Blog

By TWC News Web Staff
Updated Wednesday, April 14, 2016 at 05:55 PM EDT

5:45 p.m., April 15

As the second full week of the Cal Harris trial came to an end, DNA analyst John Brenner said blood stains found in the Harris home were a match for Michele Harris's DNA.

But on cross-examination, he said the couple's children could not be excluded as matches for some samples.

Harris' sister-in-law spoke about Cal and Michele's relationship. She says she overheard Michele tell another sister-in-law about a threat Cal made against her.

Finally, the judge heard from Gregory Farr, an inmate at Auburn Correctional Facility. He said in 2012, he overheard Harris say he would make another inmate disappear, just like he made his wife disappear.

The defense began cross-examination by attacking Farr's credibility.

Farr will be back on the stand when the trial resumes Tuesday afternoon.

12 p.m., April 15

It's day 10 in the Cal Harris murder trial.

Friday morning, DNA analyst John Brenner was back on the stand.

Brenner analyzed a toothbrush from Michele's boyfriend Brian Early, and one from the Harris home, along with a DNA swab of Cal Harris.

He said he analyzed the DNA profile from all three items, and said the DNA on the toothbrush was from the same person, a woman.

Brenner said some of the blood stains matched the DNA taken from the toothbrush.

Read more:

http://www.twcnews.com/nys/binghamton/cal-harris/2016/03/27/cal-harris-murder-trial-blog.html