Officers escort Gregory Farr, convicted murderer, out of the Schoharie County Courthouse on Tuesday. (Photo by Wendy Post)
As the second degree murder trial for Tioga County, N.Y. resident Calvin Harris nears its fifth week, the prosecution continues to present witnesses, as the defense prepares their witnesses – whom are expected to take the stand as early as next week.
Calvin Harris’ wife disappeared some time during the evening of Sept. 11, 2001 and into the morning of Sept. 12, 2001. The couple was living together at the time, but going through the process of a divorce – a life event that the prosecution has claimed is motive for murder.
Since the onset of Michele Harris’ disappearance, Calvin Harris has remained the main suspect in Michele’s disappearance and is now on trial, for a fourth time, for prosecution claims that he killed her that evening.
The defense, during this and previous trials, continues to maintain that their client is innocent, and that they have evidence that will prove this. The defense has yet to present their evidence or witnesses in front of Judge Richard Mott.
The last week has been consumed with testimony over bloodstains found in the Harris’ Spencer, N.Y. residence following Michele’s disappearance – mainly the garage and kitchen alcove.
With no body or weapon ever found in relation to Michele’s disappearance, the bloodstains and testimony surrounding any DNA evidence or testing remains key in the prosecution’s delivery of their case.
The past week has seen DNA and bloodstain expert witnesses take the stand, as well as defense cross-examination and claims that the photos were altered.
But the testimony in this case, for the most part, is similar to that of the three previous trials with a few new twists.
Among the differences in this trial from the previous one is a new judge, Honorable Richard Mott. Judge Mott’s control of the courtroom and inquisitive fashion is helping to keep the trial moving forward. The third trial spanned a period of four months, with this trial anticipated to be much faster.
Also new in the fourth trial was the testimony of Senior Investigator Sue Mulvey. Mulvey was called in, per a request by the judge, to satisfy arguments surrounding the photos of the bloodstains found in the home. This was the very first time that Mulvey took the stand in any of the Harris trials.
In another surprise twist, the prosecution called a convicted murderer to the stand who would testify about threats Calvin Harris made to a cellmate while serving time following the second trial in which he was found guilty; that conviction was later overturned. This prosecution strategy backfired though, as the jailhouse witness invoked his Fifth Amendment rights, and his testimony was stricken from the record.
One change with the greatest impact on the flow of the trial was Harris’ request for a bench trial, versus a jury trial. During the third trial, the jury deliberated for a grueling 11 days before it ended in a hung jury.
For this trial, the judge in the case will decide whether Harris is guilty of the second-degree murder charge, or whether there is enough reasonable doubt to render a not-guilty verdict.
Testimony will continue today in Schoharie County.
