Defense Attorney Bruce Barket speaks with media on Monday following the trial judge’s decision to grant a bench trial to their client, Calvin Harris, versus a jury trial. The trial will begin on Thursday at 9:45 a.m. in Schoharie County. (Photos by Wendy Post)
On Monday, approximately 100 residents of Schoharie County arrived at the courthouse, pictured, to answer a call to jury duty. They were dismissed at approximately 1 p.m., and following a court action in which the trial judge in the second-degree murder trial allowed Calvin Harris to waive his rights to a jury trial.
In a surprising turn of events, the judge presiding over the fourth second-degree murder trial for 55-year old Calvin Harris approved a defense request on Monday for a bench trial, versus a jury trial.
Close to 100 residents of Schoharie County arrived at the Schoharie County Courthouse on Monday morning for the scheduled jury selection process upon the start of the fourth trial. But at approximately 10:30 a.m., the jury was sent on a break so counsel could meet with the judge and discuss some legal issues.
The jury arrived back at 12:30 p.m., but was then sent away again, this time out of the courtroom. When the judge, Honorable Richard Mott, came into the courtroom to meet with counsel, he addressed the defense request for a trial by judge only, and went through some legal formalities to ensure that Calvin Harris understood that a trial by judge would leave the decision up to one person, rather than 12 as to his innocence or guilt.
Calvin Harris, who sat with his team of attorneys, stated that he understood.
The judge also asked Calvin Harris why he wanted to waive his right to a jury trial.
Calvin Harris stated, before the court, “I want to be tried for the facts, evidence, and by the law. I don’t believe I can get that with a jury.”
With that, the judge had Calvin Harris sign a form that would waive his right to a jury trial – a signature that was witnessed in the court.
Upon exiting the courthouse upon this action, Defense Attorney Bruce Barket spoke briefly with the media, stating that Calvin Harris has wanted a trial by judge for a long time, and it never came together for him.
Barket also stated that they [his defense team] have always believed that the evidence presented by the prosecution is insufficient.
“We think if we go through another jury trial in the same county, the result will be the same,” said Barket. The third trial, held last year in Schoharie County, ended with a split, or hung jury.
Barket also described the new judge as tough, but fair, stating that the judge will look at the cold hard facts.
“The prosecution is heavy on the sympathy and light on the evidence,” Barket added.
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.
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 Stacey 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 on Thursday, with Honorable Richard Mott presiding. This non-jury trial is estimated to span over a shorter period of time than the third trial.
Prior to Monday’s court actions, the defense also filed a motion in which they stated new evidence was found at the home where Stacey Stewart was residing in Lockwood, N.Y. According to the motion, the defense has evidence that Stacey Stewart was seen with Michele Harris at the end of the couple’s driveway at approximately 6 a.m. on Sept. 12, 2001, and that he and Christopher Thomason burned bloody clothing in a burn pit at Stewart’s home.
The defense states, in their motion, that they found a partial bra strap and pieces and fabric inside of the burn pit, and want to introduce their new findings as evidence.
Now, versus a 12-person jury, the judge will be hearing the evidence in this case and will make the sole decision on whether Calvin Harris is guilty of the crime as charged, or whether there is enough reasonable doubt to find him not guilty.
The trial will begin in Schoharie County at 9:45 a.m. on Thursday, March 31.
