Calvin Harris and his daughters Jenna and Cayla walk to the Schoharie County courthouse from the adjacent lot on Wednesday, as the jury enters their fifth day of deliberations. (Photo by Wendy Post)
Calvin Harris and his four children enter the Schoharie County courthouse on Wednesday, as the jury enters their fifth day of deliberations. (Photo by Wendy Post)
On Wednesday, the jury in the second-degree murder trial for Calvin Harris sailed through its fifth day of deliberations without many requests. The only notes delivered requested a shortened schedule on Thursday because of a conflict in juror appointments, and an early dismissal on Friday.
With those notes approved by the judge, the jury will resume deliberations at 1:30 p.m. on Thursday, and then will reconvene again on Friday at 9:15 a.m. and deliberate until noon; withstanding a verdict prior to that time.
At the end of the day on Wednesday, the jury requested a Sept. 16, 2001 statement to police by the former nanny, Barbara Thayer. The judge, however, told the jury that this information was never introduced into evidence.
The jury also requested permission to utilize their cell phones on their breaks, which the judge approved to enable them to make calls to check on appointments or personal matters.
With the trial lasting 11-weeks through testimony, and now close to a week in deliberations, the length of time for jurors has become more than what anyone anticipated as the second trial was five-weeks, and the first trial was approximately three-weeks long.
The jury in the first trial deliberated for four hours, and the jury in the second trial deliberated for ten hours. Both delivered a guilty verdict, both verdicts were overturned.
So with the jury in this third trial, in a new venue in Schoharie County, soon to enter into its sixth day of deliberations, many are wondering what the outcome will be.
So we researched the possible scenarios.
On Tuesday, the jury announced they were deadlocked. But Schoharie County Judge George R. Bartlett III rendered an Allen Charge, thus forcing the jury to continue their deliberations.
Judge Bartlett cited the expense of the trial, and asked them to be open-minded and keep trying.
While some were opposed to an Allen Charge and voiced so on social media, others were commenting on various posts that they didn’t care about the cost.
If the jury delivers a guilty verdict to the second-degree murder charges, Calvin Harris could face 25 years to life during sentencing by Judge Bartlett. It is not clear whether his three years served following his guilty verdict in 2009 would be counted towards this sentence.
Calvin Harris was released from the Auburn Correction Facility in 2012 when the 2009 verdict was overturned by an Appellate Court.
If convicted again, the case will most likely be appealed, although not confirmed.
If the jury delivers a verdict of not guilty, the defendant cannot be charged for the same offence, unless under certain circumstances.
If the jury deadlocks, or is a hung jury, then the case remains open and can be retried by the district attorney.
But many on social media are already debating this possible scenario, and some don’t feel that Tioga County should spend more money on a possible fourth trial, if the present jury can’t reach a unanimous verdict.
To date, according to the Tioga County Legislature, the cost of the third trial, and as reported by the district attorneys office is $59,593.23. This cost is for overtime, travel, witness mileage, and other expenses. These costs do not include the cost for the special prosecutor; those figures were not available at the time of this reporting.
The district attorney, Kirk Martin, has an annual salary of $152,500, which is not included in the aforementioned costs. Kirk Martin was elected district attorney in Tioga County, New York in 2013, filling a position vacated by Gerald Keene, who was elected as Tioga County Judge in 2012. Keene was the original prosecutor for the Calvin Harris case, from the indictment in September of 2005 until he vacated the district attorney’s position after his win.
So either way, the costs of the trial are taking a toll on taxpayers, as well as the families involved – both the family of Michele Harris, and the children of both Michele and Calvin Harris who have remained in court throughout the last several weeks of proceedings.
For the past week, the family of Michele Harris – to include her father, brother and friends, has remained seated in court – awaiting a verdict.
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.
