Calvin Harris enters the Schoharie County Courthouse on Thursday morning as the jury entered their 11th day of deliberations. By the end of the day, the jury sent a note to the judge that they were deadlocked. The judge will make a decision on how to proceed on Friday at noon. (Photos by Wendy Post)
The jury in the Calvin Harris second-degree murder trial deadlocked on Thursday afternoon for the third time in 11 days of deliberating. The note from the jurors arrived at 4:30 p.m., similar to the note on Monday afternoon that arrived late in the day as well.
On the note, the jurors wrote, “After extensive discussion and further evaluation of the evidence, we have not been able to reach a verdict.”
But what caused some tension among counsel was as the bottom of the note, the jurors wrote, “Please note, not all jurors agree with the above statement [that they are deadlocked].”
The jurors couldn’t even agree … that they couldn’t agree.
The defense, after the note was presented to his team and client, and to the district attorney, stated, “It clearly is deadlocked. The court ought to declare a mistrial, and that’s our position.” This is Barket’s 16th, and possibly final request for a mistrial.
Prosecutor Kirk Martin requested that the court do a polling of the jury, to find out how many members believe they are deadlocked before the court makes a decision on how to proceed.
The defense argued polling, stating it would be counter-productive. “They’ve been at it for eleven days,” said Defense Attorney Barket. “This isn’t rocket science,” he added, “they’re deadlocked. This is over, it really is.”
Schoharie County Judge George R. Bartlett III did not want to figure things out late in the day, so he called the jury in at 4:35 p.m. to send the home for the night, and instructed them to be back at noon on Friday.
Calvin Harris and his defense team enter the Schoharie County Courthouse on Thursday morning as the jury entered their 11th day of deliberations. By the end of the day, the jury sent a note to the judge that they were deadlocked. Pictured in the front is Defense Attorney Bruce Barket and defense lawyer Aida Ferrer Leisenring; behind the attorneys are Jenna, and then Calvin Harris’ two sons; walking in last is Calvin Harris.
As the judge told the jury that he would address their note on Friday, jurors could be seen reacting. One juror, in the back row, was rubbing his temples as the judge delayed things for another day. The other jurors sat, looking straight ahead at the judge.
The judge also instructed the prosecutor and defense team to arrive at court at 11 a.m. on Friday to discuss how they will proceed. If the jury is deadlocked, and a mistrial is granted, then the case would remain open and the prosecution could try again if he chooses to do so.
Earlier in the day, and prior to the note regarding the deadlock, the jury only sent two notes – one requesting the definition of reasonable doubt and intent, and another note asking for a break.
The proceedings will continue on Friday.
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.
