A large media crowd is the normal scene outside of the Schoharie County Courthouse, especially as a verdict is anticipated. Schoharie is a small town that was affected by the flooding in 2011, and is located between Oneonta and Albany, N.Y. (Photos by Wendy Post)
Defense Attorney Bruce Barket talks to the media on Friday following the early dismissal of the jury for the weekend. When asked how he feels that the jury has been deliberating for seven days, Barket stated, “I feel the same as I did when the jury deliberated for seven minutes.”
This week’s activity at the Schoharie County Courthouse was not without its twists and turns as the jury in the Calvin Harris murder trial ended their seventh day of deliberations on Friday, without a verdict.
Earlier in the week, on Tuesday, the 12-member jury sent a note to the judge that they were deadlocked, and could not arrive at a unanimous verdict.
Schoharie County Court Judge George R. Bartlett III rendered an Allen Charge to the jury, requesting they reenter into deliberations with an open mind, and continue deliberating.
The thoughts that the jury may deadlock are on everyone’s minds as the jury continues to deliberate. It was reported on Thursday the mounting costs of the trial in Schoharie regarding mileage costs and miscellaneous expenses to give readers in Tioga County an idea of what they, as taxpayers, are paying for. The state is responsible for many of the other costs such as the special prosecutor and the trial judge.
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. The costs appeared low, so we dug further.
These costs also do not include the trial judge in Schoharie, the extra work required by the State Police and staff for preparation of the trial, the lab tests, the hiring of Dr. Henry Lee for blood expert testimony, the DNA testing, and the special prosecution, which is most likely on loan from the New York State Attorney General’s office.
Over the years, the trial budget in Tioga County revealed an increase. In 2014, the District Attorney (DA) was budgeted $384,725, up $52,000 from 2013. Then the DA’s 2014 budget was modified to $406,642. The adopted 2015 budget is $409,069, relatively unchanged, according to the adopted 2015 Tioga County budget.
During their March meeting, the Tioga County Legislature passed a resolution to expand the vacant part-time 2nd Assistant District Attorney (ADA) position to full time, with a salary of between $57,822 and $67,822, according to the March journal of proceedings for the legislature.
These positions would be required to fill the backlog of cases in Tioga County in the current DA’s absence to prosecute the Calvin Harris Trial.
Additionally, the DA’s office has budgeted trial costs that went up from 2002’s $6,351 to 2004’s $14,000, to 2014 and 2015’s $35,000, according to county budget documents. In 2013, only $4,116.69 was budgeted for trial costs.
From those figures, the county’s budgeted amount for trials increased markedly over the years. If only $4,116 was required for trial costs in 2013, it can be guessed that the big one – Calvin Harris – might have caused the over $30,000 increase for trial costs.
The district attorney, Kirk Martin, has an annual salary of $152,500, which is not included in the aforementioned costs.
But the decision of a possible fourth trial won’t even be looked at unless the jury deadlocks; then it would be up to the Tioga County district attorney whether he will re-try the case.
On Friday, there did not appear to be an end in sight.
The jury arrived at 9:30 a.m. and was sent home for the weekend at noon. Prior to leaving, the jury asked for aerial photos of the Harris property – four were defense exhibits, and two were the people’s exhibits.
The jury also requested to have the charge read to them when they return on Monday, at 9:15 a.m. to resume their deliberations.
Also, the jury now has two alternates, as another juror was dismissed on Friday and one of the alternates stepping in.
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.
Jurors will continue to deliberate on Monday at 9:15 a.m.
