Mulvey takes the stand for first time in the Calvin Harris trial

In a surprising turn of events, Sue Mulvey, who served as the senior investigator in the case against 55-year old Calvin Harris took the stand in Schoharie County, N.Y. on Thursday, and during the fourth second-degree murder trial for Harris. Mulvey did not testify during the three previous trials, but was subpoenaed to testify about bloodstain photos used by the prosecution that the defense has claimed were altered.

The photos that are in evidence, and have been utilized as the prosecution’s key points of evidence in the trial surrounding Michele Harris’ disappearance are close up photos of stains found in the garage area and kitchen alcove at the Harris residence in Spencer, N.Y.

During the last trial, the defense argued that the photos were not an accurate scale or depiction, with many of the stains being sub-millimeter in size. When enlarged, the stains are larger than what was found, but contain a scale below them to depict their actual size.

In a video that defense attorney Bruce Barket presented before the court on Thursday, Mulvey and former prosecutor Gerald Keene were in a meeting with Forensic Scientist and Blood Spatter Expert Dr. Henry Lee, and they were discussing the “altered photos”.

In the video, they were asking Lee if what they did to the photos was allowable – meaning altering them.

Lee, in the video, told them that exposure alteration, in some cases, was okay, but where they would get into trouble is if the alteration changed the subject – which in this case were the stains.

Keene, in the video, could be heard telling Lee that they lightened things up so they could see things they couldn’t before.

But on Thursday, Mulvey told a story that wasn’t quite clear – even after direct testimony and cross-examination.

She first explained that they enhanced the photos to see more, and asked Lee if it was acceptable. But then Mulvey, when questioned, denied knowledge of a second set of photos.

The defense continued to ask Mulvey which photos were being used in the trial, the altered photos or the originals. They also questioned Mulvey about where the original photos were located.

But Mulvey stated that the original photos were the photos being used as exhibits in the trial, and that if there was another set of photos, she was unaware of them.

The latter testimony was confusing as it conflicted with testimony given just minutes earlier that the photos had been re-developed for enhancement.

The defense had no further questions for Mulvey following the multiple contradictions in her testimony regarding the photos. At one point the defense stated, “The video speaks for itself.”

This testimony followed that of State Police Investigator Bradley Brown and former Investigator John Brenner.

Their testimony focused on the tests performed on the stains to determine if they were blood, and the DNA testing that was done on a rug taken from the alcove area and from several swabs taken of the stains that were found.

Of the testing of the stains that the investigators discovered in the garage and alcove, the investigation concluded that three areas tested positive as being blood.

Prosecution testimony is expected to continue Friday in Schoharie, and although earlier predictions were that the people’s case would be concluded at the end of the week – this is highly unlikely.

The prosecution, since the trial began on March 28, has presented 21 witnesses, and has approximately 16 more witnesses to call to the stand. After this, the defense will present their witnesses.

Regardless, the trial, under the order of Honorable Richard Mott, is moving much faster than the third trial – which spanned over a period of four months. At the conclusion of testimony and closing arguments, Judge Mott will be the only one to decide, based on the evidence presented, whether Calvin Harris is responsible for the death and disappearance of his wife Michele, and whether he is guilty or not of second-degree murder.