Media, to include crews from Dateline and 48-Hours, gathers outside of the Schoharie County Courthouse on Monday for the second-degree murder trial of Calvin Harris. It was expected that deliberations could have started as early as Monday afternoon, but instead Schoharie County Judge George R. Bartlett III dismissed the jury and adjourned the trial until Tuesday, when closing arguments and the start of deliberations are anticipated. (Photo by Wendy Post)
Closing arguments are expected to begin Tuesday at 9:15 a.m. in Schoharie County where 53-year old Calvin Harris, of Spencer, N.Y., is on trial for a third time and charged with second-degree murder in connection with his wife, Michele Harris’ disappearance in September of 2001.
The trial was scheduled for Monday, with a possible rebuttal witness for the defense, but Schoharie County Judge George R. Bartlett adjourned proceedings until Tuesday as a juror had a death in the family.
The defense was planning to have one rebuttal witness, retired New York State investigator Robert DelGiorno, but was unsuccessful at finding his whereabouts, in spite of several subpoenas being signed by the court.
Testimony in the trial spanned over an 11-week period in Schoharie County with the prosecution calling 50 witnesses and six rebuttal witnesses, and the defense calling 11 witnesses before resting their case.
Defense attorney Bruce Barket told the media following the adjournment on Monday morning that he has a 25-page outline for his summation. Prosecutor Kirk Martin declined comment to the media regarding his summation.
The closing arguments in this 11-week trial could prove to be a tale of two theories. The defense has continued relentlessly to argue that someone else is responsible for Michele Harris’ disappearance; but much of the witness testimony needed to prove this was not allowed by the court because of a third-party culpability ruling that was rendered prior to the presentation of witness testimony.
The defense, however, was able to offer some testimony regarding their theory in that Kevin Tubbs testified he saw Michele Harris with someone else – hours after the prosecution claims Calvin Harris murdered her. The defense also presented testimony and photos surrounding the individual they believe Tubbs saw with Michele Harris at the end of the driveway on Sept. 12, 2001.
The defense also sought to discredit testimony delivered by the prosecution; specifically the blood spatter. Through cross-examination of the prosecution’s own witness, it was revealed that presumptive tests came back negative for blood in several areas tested at the Harris residence.
The defense also offered testimony from Jenna Harris, the daughter of Calvin and Michele Harris, that she had items that belonged to her mother, and that it was her father that preserved them. This testimony sought to impeach that of the babysitter, Barbara Thayer, that Calvin Harris wiped out Michele Harris’ memory by getting rid of her things.
The prosecution, on the other hand, continues to argue that Calvin Harris had the motive to kill Michele Harris, and that blood stains found in the home will prove that Calvin Harris murdered his wife during the evening of Sept. 11, 2001.
The prosecution also presented witnesses throughout the trial that spoke of Calvin Harris’ behavior following Michele Harris’ disappearance as being suspicious.
The prosecution has also argued that the testimony of Kevin Tubbs is not reliable, and the fact that Tubbs came forward years after Michele Harris’ disappearance lends to this.
Once the summations are complete on Tuesday, the jury will be charged into deliberations, and Calvin Harris’ fate will be in the hands of a jury – for the third time.
