This building is the fourth one to serve as the Schoharie County Court House; the first was in a private residence and the other two burned to the ground. The present blue limestone structure was built in 1870, and is located on Main Street in Schoharie County. The Court House is now the scene of the third trial for Calvin Harris of Tioga County, N.Y. who is charged with murder in connection with the disappearance of his wife Michele Harris in September 2001. (Photo by Wendy Post)
In Schoharie County on Monday, which is now the new venue for the third murder trial for Tioga County, N.Y. resident Calvin Harris, proceedings are continuing at a slow pace, with the bloodstains found inside and around the home continuing to be the main focus for the prosecution in this case.
Calvin Harris was convicted twice of murder in the disappearance of his wife, Michele Harris, sometime during the evening Sept. 11, 2001. While all were focused on the mayhem caused during the terrorist attacks of 9-11, young Michele Harris disappeared without a trace some time that evening, and neither her body nor a murder weapon was ever found.
Walking into the historic Schoharie Courthouse, it is filled with corridors and all the amenities of a county courthouse, with the main courtroom completely designed with polished wood to include the benches ceilings and walls.
Several court attendants are positioned throughout the courthouse to maintain order.
Because the courthouse is much smaller than that in Tioga County, N.Y., the 16-seat jury, consisting of six women and ten men, as well as two alternates and boxes of paperwork brought in by both the defense attorney and the district attorney, the jury was in visible view of not only the judge and piles of sealed evidence, but the audience and slew of reporters covering this third trial.
To put this into perspective, there were over 70 photographs of bloodstains found in and around the home that Calvin Harris shared with his estranged wife, Michele Harris, scattered amongst a table.
Calvin Harris and his wife Michele Harris were residing together, although divorce proceedings were in the works, and both were involved in extra marital affairs.
These bloodstains, in fact, have been presented to the jury and the court over the last week, with famed Henry Lee, a blood spatter expert, taking the stand last week.
But unlike the first two trials, which were covered in their entirety in Tioga County, N.Y., the new judge for the case in Schoharie County, Judge George Bartlett III, continually instructed the jury to utilize the blood stain photos regarding their relation to location only, and that the photos do not represent color due to their illumination. He stated, “It was an error by the photographer.”
The judge elaborated further on this as the defense argued the blood stains, and as New York State Police Senior Investigator Steven Andersen spent his sixth day on the stand during this third trial – one that may continue for another five weeks, which is much longer than originally anticipated.
As for the players, Calvin Harris remains the defendant in this case, accused of murder, but is represented by attorney Bruce Barket, who arrived with several legal representatives to assist.
As for the prosecution, newly elected Kirk Martin, district attorney for Tioga County, N.Y. and his assistant Paul Clyne, a former district attorney from Albany who is assisting with the prosecution in this case, are working to present the evidence from the first two trials in a different fashion.
As for Barket, he continues to challenge the prosecution as they present what Barket argues is insufficient evidence from the original investigation performed in 2001, and after Michele Harris’ disappearance – specifically the legitimacy of the blood stains found in what is now exhibit A through M, which represents areas in the kitchen, garage, and throughout the house where the prosecution is claiming that blood spatter was located.
While being questioned by the defense attorney on Monday, Investigator Steven Andersen recognized the blood spatter as being noticed on Sept. 14, 2001 after Michele’s disappearance, and then being photographed a day later.
During his cross-examination, Investigator Steven Andersen stated that some of the photos were enlarged, others reduced, and one of the photos was even a partial photo of a stain discovered. In some photos presented to the court as evidence, Investigator Steven Andersen did note they were one to one, or in other words, they were an exact depiction of size, etc.
Each juror was offered an opportunity to view the photos, one by one, as they were introduced in court; jail attendants were scattered throughout the courtroom.
The third trial for Calvin Harris was projected to last approximately five weeks and began in February in Schoharie County, after a change of venue was granted.
It is now projected, with defense witnesses not even called to the stand yet, that the trial could potentially last another five weeks. It is unclear, at the time of this writing, who the defense has slated to take the stand, or when the prosecution will complete their arguments.
Court typically begins between 9 and 10 a.m., and is held Monday through Thursday in Schoharie County, located approximately 125 miles from Tioga County, N.Y., and located halfway between Oneonta and Albany.
Calvin Harris was first convicted in 2007 of murdering his estranged wife, Michele Harris, who disappeared sometime during the evening of Sept. 11, 2001.
That conviction was overturned when Kevin Tubbs, a livestock and hay hauler, came forward following the verdict stating that Michele Harris was seen with an unidentified man at the end of the driveway at the Hagadorn Hill Road residence that Calvin and Michele Harris shared, hours after the prosecution said Calvin Harris had killed her.
Calvin Harris was convicted a second time in 2009, with the New York State Court of Appeals overturning that conviction in October 2012, due to apparent trial errors, and a third trial was ordered.
Last January the trial was moved to Schoharie County, upon the approval of a change of venue request by Calvin Harris’ defense attorneys.
Calvin Harris, upon the second appeal, was released from prison on a continued bond of $500,000 bond he posted in 2007.
Neither a murder weapon nor Michele Harris’ body have ever been found.
Blood splatter found in the home’s garage and kitchen was the main argument of then-District Attorney Gerald Keene – as well as the couple’s pending divorce.
Calvin Harris continues to maintain his innocence, and his defense is arguing the original investigation in this third trial, and claiming that many others that may have been involved in Michele Harris’ disappearance were never investigated.
Instead, as claimed earlier by the defense, “The investigators picked Calvin Harris as their suspect, and then built their case around him, and they overlooked many others that may have been involved in Michele Harris’ disappearance.”
