Kevin Tubbs is pictured leaving the Tioga County Courthouse during the second trial in 2009. On Monday, Kevin Tubbs finally made it to the stand during the third murder trial for Calvin Harris that is being held in Schoharie County. Calvin Harris was convicted twice of murdering his wife, Michele Harris, with both convictions overturned and this third trial ordered. (File Photo)
After days of sitting and waiting, Kevin Tubbs finally made it to the stand on Monday to testify in the third murder trial for Calvin Harris, the Spencer, N.Y. resident on trial for allegedly killing his wife in September of 2001. Neither her body nor a weapon has ever been found.
The trial, being held in Schoharie County, began as usual on Monday with the prosecution and the defense engaging in arguments regarding what Kevin Tubbs would be allowed by the court to testify about.
The defense wanted to be able to present photos of Stacy Stewart for Kevin Tubbs to identify as the man he claims to have seen arguing with Michele Harris at the end of the driveway of the home she shared with her husband, Calvin Harris.
The prosecution argued that Tubbs’ testimony regarding photo identification of Stacy Stewart and his vehicle would enter into third party culpability which has not been allowed into the trial thus far; despite numerous efforts by the defense to have evidence and testimony entered that they state will exonerate Calvin Harris entirely.
The prosecution also argued that the testimony of Tubbs is not reliable as he came forward years later. In the first trial for Calvin Harris held in Tioga County, N.Y., it was the testimony of Kevin Tubbs that led to the first verdict of guilty being overturned by the court.
The defense argued that photos of Stewart and that of his truck would merely corroborate Tubbs’ testimony and offer credibility. The defense also argued about the importance of presenting facts to back up the testimony of their defense witness, Kevin Tubbs.
But Judge George R. Bartlett III once again denied the defense’s request to bring in testimony that would offer a different theory about what happened to Michele Harris, which would have included photos of Stacy Stewart, and a photo of Stewart’s truck – which matches the description of what Tubbs had testified to in previous trials.
The defense, upon learning he will not be able to present their evidence that would match what Tubbs testified to, was furious.
“This is how convicting an innocent man is approved,” said defense attorney Bruce Barket.
Barket then attacked the court, telling the judge, “You are guaranteeing the conviction of an innocent man. It is unfair, and you are denying Mr. Harris [Calvin Harris] the right to a fair trial.”
Barket then turned to the judge and stated, “If we could, we would recuse you now.” Barket also stated that he would subpoena Stacy Stewart as a witness if the court would allow it.
But this statement made by the defense to the court created a silence amidst the arguments, with Tioga County District Attorney Kirk Martin requesting from the judge that they he be allowed to submit a “Brief” and delay the trial until Wednesday in an effort to address the defense’s argument, and his attack on the court.
“Everything he just said for the last half hour is based on speculation and is unreliable,” said Martin of Barket’s theories and claims of his client’s innocence.
The judge, however, did not address the prosecution’s request to submit an “Brief”, but instead, and following a break, offered a statement that he has been thorough and fair during the proceedings.
“I have based all my decisions after thought and study of the law,” said Judge Bartlett, adding, “I am doing the best I can to ensure Mr. Harris receives a fair trail.”
By 3:17 Monday afternoon, and after being delayed for days, Kevin Tubbs was finally put on the stand to testify.
In his testimony, Tubbs talked of how while hauling hay on Sept. 12, 2001, he drove up Hagadorn Hill Road and approached a truck that was parked partially in the road at the residence Calvin Harris shared with his wife.
He testified that he was going about 15 m.p.h. as the trailer might have gone off the road if he was not careful, and that it was somewhere between 5:45 and 6:15 a.m.
Tubbs then testified that as he approached, he saw a man with dark hair who was muscular in build and approximately 5-foot seven-inches to 5-foot eight-inches tall. The man, according to Tubbs, put his hands in the air as if he was angry when Tubbs drove by. Tubbs also noted that a woman, who was nearby the man, looked like Michele Harris.
Tubbs testified that he tried to contact Calvin Harris with the information in 2004 after seeing a poster at a supermarket regarding Michele Harris’ disappearance, but was unsuccessful.
It wasn’t until 2007, and after reading a newspaper article about Calvin Harris’ trial that he contacted the defense attorney at that time, Joe Cawley, about what he saw the morning of Sept. 12, 2001.
Cawley, at that time, called Kevin Tubbs into court and the judge in that trial overturned the verdict based on his testimony as the prosecution had argued that Calvin Harris killed his wife on Sept. 11, 2001, not Sept. 12, 2001.
The prosecution, however, upon brief cross-examination prior to the jury being dismissed for the day, was questioning Tubbs’ timeline that morning, and continued to press Tubbs for answers about why it took him so long to come forward.
Cross-examination of Kevin Tubbs is expected to continue in Schoharie County on Tuesday.
The defense on Monday morning also noted they plan to call several other witnesses, to include an investigator and others who provided statements that led to the defense attorney’s theory that someone else killed Michele Harris, and not her husband.
