The sun rises over the courthouse in Schoharie County, where Calvin Harris, charged with Second Degree Murder in connection with the disappearance of his wife Michele in September of 2001, is on trial.
“The court is forcing us to end testimony because of a ruling,” said the defense attorney on Monday at the conclusion of calling his 13th witness in a period of approximately eight days, and as the murder trial for Calvin Harris entered its 11th week of testimony.
Schoharie County Judge George Bartlett, at this statement quipped, “I’ve never had anyone refuse to rest.”
The reason why the defense rested was that the remaining witnesses he had hoped to call were not allowed as their testimony would have pointed the disappearance of Michele Harris in a different direction; mainly the defense claims that Stacy Stewart, a steel worker now living in Texas, was responsible for Michele Harris’ disappearance.
The defense’s last witness on Monday, however, was John Wandell, who knew Stewart while they were employed by Vulcraft Steel in Chemung, N.Y. together; specifically in September of 2001, the time that Michele Harris disappeared.
Wandall testified that he contacted the police with information, but on Monday was only able to testify in front of the jury regarding what Stacy Stewart looks like, and what type of vehicle Stewart drove.
The extent that Wandell was able to testify surrounding Stacy Stewart was simply that the two chatted together at work, and would go out on occasion to have a beer – sometimes with other people.
Previously, defense witness Kevin Tubbs testified he saw a man who looked like Stewart with Michele Harris in the early morning hours of Sept. 12, 2001 at the end of the Harris’ driveway on Hagadorn Hill Road in Spencer, N.Y. Tubbs testified that he witnessed this as he was hauling hay that morning.
Following the testimony by Wandell, and the admission of additional documents, the defense, reluctantly rested.
The Tioga County District Attorney, Kirk Martin, swiftly began to call witnesses for rebuttal testimony. In this third trail, the prosecution has thus far called 50 witnesses to the stand.
The rebuttal witnesses called by Martin, all of whom formerly testified, were neighbors – Kenneth Mulnix, William Hurd, Eleanor Cobb and Lorrie Schultz, all of Spencer, N.Y. The prosecutor utilized this testimony to contradict that of Kevin Tubbs.
Each of the neighbors testified that they recalled seeing a light colored vehicle at the end of the Harris’ driveway, but did not see a pick up truck on the morning of Sept. 12, 2001.
The neighbors each testified that they did not recall seeing a hay wagon on Hagadorn Hill Road. Upon cross-examination, however, the defense noted prior testimony as being irrelevant.
In particular, prosecution witness Lorrie Schultz previously testified that she leaves her home at approximately 4:30 a.m. each day to go to work. This, according to the defense, would have been too early for Schultz to see the activity that Tubbs testified seeing at the end of the driveway.
With rebuttal witnesses called, and more to be called by the prosecutor, and then most likely the defense, the judge is estimating that summations could be heard by Wednesday, possibly Thursday.
And with some banter, the defense exclaimed, “It’s not my fault,” regarding the delay in what has already become a lengthy trial.
The judge, who has to send the jury home each night, also exclaimed, “I’ll take the blame, I’m good at that.”
Court is expected to begin at 9:30 a.m. on Tuesday with arguments, and then the jury will arrive at 10 a.m.
Calvin Harris, age 53 of Spencer, N.Y., is on trial for a third time for the alleged murder of his wife, Michele Harris, who disappeared in September of 2001. Two previous convictions were overturned, and this new trial ordered in Schoharie County. Neither her body nor a weapon has ever been found.
The prosecution maintains that Calvin Harris murdered Michele Harris on Sept. 11, 2001, and has based this circumstantial case on blood spatter found inside the Harris’ home, as well as motive and behavior.
The defense claims their client is innocent, and that the prosecutors failed to look at other potential suspects – mainly Stacy Stewart. The defense conducted an investigation of their own, but a third party culpability ruling is preventing the defense from presenting what they consider their most damning evidence to the jury.
