Calvin Harris, flanked by his attorneys and family, addresses the media following his third trial in Schoharie County that ended in a hung jury. A conference, planned for Aug. 26 at 1 p.m. at the Schoharie County Courthouse, will determine the next step as Calvin Harris is still facing charges of second-degree murder in connection with the disappearance of his wife Michele Harris in September 2001. (Photos by Wendy Post)
After three trials, with the first ending in an overturned conviction by the judge, the second being thrown out on appeals, and the third at a new venue, concluding with a hung jury, Calvin Harris, who remains on trial for second degree murder in connection with the disappearance of his wife Michele Harris in September 2001, will find out whether he must face a fourth trial.
According to defense attorney Aida Leisenring, Esq. of Barket, Marion, Epstein & Kearon out of Garden City, N.Y., a conference to discuss the direction in which the Calvin Harris murder trial will proceed is scheduled for Wednesday, Aug. 26, at 1 p.m. at
Members of the jury in the third Calvin Harris second-degree murder trial are pictured exiting the courthouse in Schoharie County after 11 days of deliberations that ended in a hung jury. A conference, planned for Aug. 26 at 1 p.m. at the Schoharie County Courthouse, will determine the next step as Calvin Harris is still facing charges of second-degree murder in connection with the disappearance of his wife Michele Harris in September 2001.
the Schoharie County Courthouse in Schoharie, N.Y.
Calvin Harris’ wife disappeared sometime during the evening of Sept. 11, 2001 and the morning of Sept. 12, 2001. Neither the body of Michele Harris or a murder weapon has ever been found.
Following her disappearance, investigators converged on Calvin Harris’ home with sonar, heat seeking sensors, dogs, 4-wheelers, helicopters, and even night vision goggles. They also used a GPS tracking device to follow him.
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 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.
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 then overturned the verdict.
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.
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.
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.
Now, a conference on Aug. 26, at 1 p.m. in Schoharie County will gather counsel to discuss the next steps for moving forward.
The prosecution claims they will try Calvin Harris again, and the defense says it is unheard of for someone to have four trials.
“The only one I know who had four trials is John Gotti,” said Defense Attorney Bruce Barket following the last trial, “and people can say what they want, but Cal is no John Gotti.”
The prosecution, District Attorney Kirk Martin, would not offer any comments throughout the third trial, except to note that he plans to pursue a fourth trial.
To view comments from Calvin Harris following the third trial, visit https://youtu.be/4FmqfeZKa8o.
