Julie Brinkman, of Texas, was called into court by the defense on Tuesday to testify outside of the jury for the record. In this photo, Brinkman completes her testimony at the Schoharie County Courthouse. Brinkman is the ex-girlfriend of Stacy Stewart – the man that the defense claims was involved in Michele Harris’ disappearance. Michele Harris’ husband, Calvin Harris, is on trial for the alleged murder of his wife on the evening of Sept. 11, 2001. (Photo by Wendy Post)
A witness called by the defense to testify outside of the jury on Tuesday, and during the murder trial for Calvin Harris, offered chilling testimony about the man that the defense claims was involved in the disappearance of Michele Harris in September of 2001.
Julie Brinkman, of Texas, was the defense’s 11th witness called into court – with others that were scheduled denied by the court based on a previous third party culpability ruling that denied the defense’s theory that someone else, other than Calvin Harris, was responsible for Michele Harris’ disappearance.
The court did, however, allow Brinkman’s testimony outside of the jury to offer a record. Brinkman, who was flown to the trial from Texas, dated Stacy Stewart for some time, although she is no longer involved with him.
Brinkman testified to things that Stewart said to her regarding Michele Harris, to include statements that he knows how to hide a body. Brinkman noted that Stewart said that to her more than once, and that he had a temper.
In fact, Brinkman also testified that in January of this year, she was with Stacy Stewart and asked him, “Why do they think you are connected to the case?” She testified that Stewart replied, “Because I was the last person to see her [Michele Harris] alive.”
The prosecution challenged Brinkman’s testimony, asking her how she knew Stacy Stewart was talking about Michele Harris when he made these statements.
She responded, “If you’re talking about the first person he [Stacy Stewart] killed it wasn’t him, we were talking about Michele Harris.”
During her testimony she talked of Stewart’s character, and mentioned that he had killed someone before and bragged of his involvement with the Ku Klux Klan.
Brinkman testified that she has not answered his phone calls in some time, and that she is afraid of him.
Brinkman noted that she came forward on her own. “I felt this was important,” Brinkman said of informing the court about what Stacy Stewart had said to her surrounding the disappearance of Michele Harris.
Brinkman was dismissed after her testimony, with the judge’s decision on whether she will be allowed to testify in front of the jury unresolved.
Throughout the afternoon, Kevin Tubbs, the witness who testified he saw Michele Harris with a man who wasn’t Calvin Harris the morning after the prosecution alleged that Calvin Harris killed her, returned to the stand.
The prosecution hurled past brushes with the law at Tubbs, to include an incident in which Tubbs attempted to pay for fuel with a check – but the station didn’t accept checks and he didn’t have cash on him.
The prosecution stated that Tubbs was “belligerent,” and that the station called police, who then arrested him.
Tubbs testified to the fact that the police used excessive force on him, and that he later filed a lawsuit against the police for false arrest and use of physical force. That suit was later dropped.
The prosecution then asked Tubbs if he ever told anyone he would get paid by Calvin Harris for anything in relation to the trial.
Tubbs testified that he didn’t want anything from the defense or Calvin Harris, and that he even paid for his own hotel and gas to get to Schoharie.
Tubbs also stated, during his testimony, that he was given a hard time by law enforcement because he came forward after the verdict in the first trial for Calvin Harris.
When the defense asked Tubbs if he received any benefit from this [the testimony], he stated, “No, but I received a lot of [expletive removed].
Because several potential witnesses for the defense have been denied by the court for testimony in front of the jury, Defense Attorney Bruce Barket noted, off record, that Kevin Tubbs might be his last witness.
Proceedings are expected to continue on Wednesday, with more arguments likely. Depending on the length of the arguments, and unresolved issues to be settled between the defense and prosecution, closing arguments could take place as early as Thursday, or possibly next Monday.
Calvin Harris, the 55-year-old Spencer, N.Y. resident and Tioga County businessman, was convicted twice for killing his estranged wife, Michele Harris, convictions that were both overturned.
Now into a third trial at a new venue in Schoharie County, Calvin Harris continues to claim his innocence of accusations that he killed Michele Harris some time during the evening of Sept. 11, 2001.
