Officers escort Gregory Farr, convicted murderer, out of the Schoharie County Courthouse last Tuesday. (File Photo by Wendy Post)
On Tuesday, and as things were moving along nicely, the Calvin Harris second-degree murder trial stalled pending what will now be a hearing to determine whether or not a witness was persuaded by the defense to discontinue testifying.
On Tuesday morning, the prosecution introduced a voice recording of a conversation that took place between 25-year old Gregory Farr and his mother.
Farr, who is serving 19 years to life in prison for murder, was called to testify on April 16 regarding claims that he overheard Harris threatening another inmate while the two were in prison together in October 2011. Farr told the judge he heard Harris tell another inmate, “I’ll make you disappear just like I did my wife.”
But last Tuesday, Farr recanted his testimony and invoked The Fifth Amendment – thus ending his testimony. Farr claimed that his mother received a call by an investigator that was hired by the defense.
Farr stated that when the investigator spoke with his mom, he told her that he [Farr] would be in a “heap of trouble” if he got involved in things.
According to the defense, the investigator spoke with Farr’s father, grandfather and mother.
During the audio playback of the phone call, Farr made the decision to stop testifying and stated to his mother, “I know what I have to do. I’ll tell them I don’t want to do it anymore.”
The prosecution is arguing that Farr’s mother was misled, and they requested that some of Farr’s testimony be allowed into the record. Previously, and after Farr pleaded The Fifth, Judge Richard Mott struck his previous testimony from the record.
The defense argued that Farr pleaded the fifth to avoid perjuring himself and they did not see the need for a hearing on the matter.
Judge Mott, however, decided to proceed with a hearing surrounding the phone call between Farr and his mother. On Wednesday, at 10 a.m., Gregory Farr, his mother, his father, his grandfather, and the defense investigator are expected to take the stand.
District Attorney Kirk Martin also stated on Tuesday morning that he did not have any more witnesses, and following the hearing on Wednesday he will rest his case.
In other matters, Calvin Harris’ sister in-law, Francine Harris, was discussed regarding her testimony in the case. Francine Harris recently had elective plastic surgery, and the judge in Florida, where she resides, ruled that she should not travel to testify in the trial.
Francine Harris’ testimony surrounds a conversation she had with Calvin Harris in which she told him that Michele’s body was found on the Harris property. According to Francine Harris’ testimony in a previous trial, she stated that Calvin Harris said, “… they did not find her body.”
The prosecution is requesting that her testimony from the third trial be re-read for the court. The defense argued that they want to cross-examine her again.
Judge Mott asked defense attorney Bruce Barkett to put together new questions he would ask her. The matter was then tabled.
And as the defense prepares to present their witnesses, two of the biggest witnesses they were anticipating on calling may not be available.
Stacey Stewart, whom the defense has claimed was with Michele Harris when she disappeared, has not been located, and according to the defense is somewhere in Arkansas.
The other witness, Christopher Thomason, who was with Stewart the night Michele Harris disappeared, had counsel send a letter from the prison in Texas, where he is being held, stating that he will plead the fifth and not answer questions if he is called in to testify.
The defense is also struggling to bring in retired New York State Police Investigator Robert Delgiorno. According to the defense, Delgiorno has not responded to subpoena’s ordering that he testify at this trial, as well as in the previous trial.
Delgiorno was the investigator that interviewed Michele Harris’ hairdresser, Jerome Wilcynski, a few days after her disappearance.
The trial will continue on Wednesday in Schoharie, with a hearing surrounding the phone call and testimony by prison inmate Gregory Farr.
