New judge assigned for fourth trial for Calvin Harris

New judge assigned for fourth trial for Calvin HarrisCalvin Harris, who remains charged with second-degree murder following the disappearance of his wife, Michele Harris, in September of 2001, makes a statement to the media at the Schoharie County Courthouse in Schoharie, N.Y. on Wednesday, Aug 26, 2015 following a conference that discussed the direction the court will take regarding the charges. A fourth trial for Calvin Harris will be set on the court’s calendar for the spring of 2016 in Schoharie County, and with a new judge. (Photo by Wendy Post)
New judge assigned for fourth trial for Calvin Harris

Calvin Harris, who remains charged with second-degree murder following the disappearance of his wife, Michele Harris, in September of 2001, makes a statement to the media at the Schoharie County Courthouse in Schoharie, N.Y. on Wednesday, Aug 26, 2015 following a conference that discussed the direction the court will take regarding the charges. A fourth trial for Calvin Harris will be set on the court’s calendar for the spring of 2016 in Schoharie County, and with a new judge. (Photo by Wendy Post)

The year 2016 is nearing, and so is the fourth trial for Calvin Harris, the Tioga County, N.Y. businessman charged with second-degree murder in the disappearance of his estranged wife, Michele Harris, in 2001. Now, the defense states a new judge will preside over the trial, which is projected to take place in the May 2016 timeframe.

Honorable Richard Mott, a democrat and one time public defender from Columbia County will preside over the case, versus Judge George Bartlett – who presided over the third trial. The trial will continue to take place in Schoharie County, N.Y. – a rural area near Albany.

According to the defense, this news came out on Monday. A tentative trial date had been set previously, for March 2, with a pre-trial  conference set for Jan. 20, 2016 at 1 p.m.

The attorneys at Barket Marion Epstein and Kearon, LLP, will continue to represent Calvin Harris in this case, with District Attorney Kirk Martin, from Tioga County, N.Y. prosecuting. We reached out to Kirk Martin, but did not receive comment at the time of this reporting.

Judge Bartlett, during the third trial, which spanned from January 2015 through mid-May, would not allow third-party culpability to enter in – a motion that the defense claimed would point towards someone else being responsible for Michele’s disappearance and exonerate their client, Calvin Harris.

The District Attorney, during the previous trial, presented that Calvin Harris is a killer, and that he had the motive. Michele Harris’ van was found at the end of the couple’s driveway on Sept. 12, 2001, making the residence her last known location.

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 the verdict was overturned.

Since that trial, the defense was able to connect Tubbs’ description to that of Stacy Stewart as the man he saw on Sept. 12, 2001 with Michele Harris, 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 fourth trial will take place in Schoharie County in the spring, with Honorable Richard Mott presiding.