The jury in the second-degree murder trial for Calvin Harris departs the Schoharie County Courthouse following Calvin Harris’ third trial. Although it has not been confirmed by the court, a credible source, who chose to remain anonymous, stated that the jury was split, 6-6, until the 11th day of deliberations when one juror flipped – still resulting in a hung jury of seven believing Calvin Harris was guilty, and five standing their ground that Calvin Harris did not commit this crime. (Photo by Wendy Post)
On Wednesday, June 24, and after reaching out to the Tioga County District Attorney’s office, in which they did not reply, it was confirmed by defense attorneys for Calvin Harris that the conference regarding his continuing second degree murder charge and discussions on how the court will proceed has been re-scheduled for Aug. 26, at 9:30 a.m. at the Schoharie County Courthouse. The conference was originally scheduled for Aug. 12.
Calvin Harris’ wife disappeared sometime during the evening of Sept. 11, 2001 and the morning of Sept. 12, 2001. The couple was going through a divorce, but still resided together. Both were involved in extra-marital affairs.
Neither the body of Michele Harris or a murder weapon has been found.
In 2005, the district attorney at that time, Gerald Keene, pushed to indict Calvin Harris. By 2007, the first second-degree murder trial took place in Tioga County, N.Y.
After approximately three weeks of testimony, and four hours of deliberations, a jury found Calvin Harris guilty following a circumstantial case presented by the prosecution that centered around small blood stains found in the home, and Calvin Harris’ behavior following his wife’s disappearance.
But a farmer, Kevin Tubbs, came forward after the first verdict was rendered — stating he saw what appeared to be Michele Harris at the end of their driveway on Hagadorn Hill on the morning of Sept. 12, 2001, and she was arguing with a man that wasn’t Calvin Harris. Another man, John Steele, corroborated Tubbs’ statement, but his testimony was not allowed as he passed away prior to the trial and could not be cross-examined.
The judge at that time, Judge Martin Smith, held a credibility hearing, and determined Kevin Tubbs was credible. The judge then allowed his testimony to be entered, and subsequently overturned the verdict.
In 2009, another trial was held in Tioga County that lasted five weeks, and saw 10 hours of deliberations. The verdict — guilty. Judge James Hayden presided.
This time Calvin Harris was sent to the Auburn Correctional Facility where he spent three years until an appellate court overturned the conviction and ordered a new trial.
Since that trial, the defense was able to connect Tubbs’ description to that of Stacy Stewart, and Kevin Tubbs was able to testify to this in the third trial.
A change of venue was granted, and in 2015 the third trial began in Schoharie County. This trial spanned through 11 weeks of testimony, and 11 days, or 57 hours and 15 minutes of deliberations before ending in a deadlock, or hung jury.
Since the third trial ended, the case has already aired on national television to include 48-Hours and Dateline NBC.
The third conference is scheduled to determine the next course of action, and to decide on whether a fourth trial will take place in this case.
