Pictured are items found in a burn pit located at the former residence of Stacey Stewart on Edgecomb Hill Road in Lockwood, N.Y. (Defense Photo)
Pictured outside of the Schoharie County Courthouse is Dr. Dennis C. Dirkmaat, a forensic anthropologist that testified for the defense on Thursday about the items unearthed from a dig at a burn pit discovered at the former residence of Stacey Stewart. (Photo by Wendy Post)
Attorneys for Calvin Harris introduced what they believe is evidence that would exonerate their client on Thursday in his second-degree murder trial being held in Schoharie County. Specifically, the defense brought in items that were found in a burn pit located at the former residence of Stacey Stewart on Edgecomb Hill Road in Lockwood, N.Y.
They also offered testimony from Forensic Anthropologist Dr. Dennis C. Dirkmaat, who conducted the dig. But this testimony and defense evidence was not introduced easily.
Special prosecutor Paul Clyne argued that the items found in the burn pit were nothing but speculation.
“It’s speculation to say that some rag that came out of the dirt belonged to Michele Harris,” said Clyne.
But the defense argued that the manmade items found in the burn pit have relevance, as there has already been testimony that connects to these items.
The defense presented witnesses last week, and has filed a motion claiming that both Christopher Thomason and Stacey Stewart had a role in Michele Harris’ disappearance, and that Stewart and Thomason told others that they burned bloody clothing on Sept. 12, 2001.
Stewart and Thomason worked in the area at the time of Michele Harris’ disappearance in 2001, and were known to frequent Lefty’s in Waverly, the restaurant where Michele Harris worked.
The defense contends that Michele Harris had a relationship with both men, and they were potentially the last to see Michele Harris alive.
A farmer, Kevin Tubbs, testified earlier in the week that a man looking like Stewart was seen at the end of the Harris’ driveway on the morning of Sept. 12, 2001. And the items discovered in the burn pit, a dig that was prompted by statements the defense received about Thomason and Stewart burning clothing, may prove to have relevance if allowed as evidence.
Items found in the burn pit include what appears to be a bra strap, a knife blade, several pieces of fabric that the defense claims to match, color-wise, with the uniform Michele Harris was wearing, a key, a coin, and a button.
The defense witness, Dr. Dirkmaat, testified on Thursday about the process of the dig, and how it was conducted on the Lockwood property.
Dirkmaat described using a probe in the burn pit area, and then digging down to the fifth layer, which would reveal items that were older than the top layers.
The prosecution objected to entering the items into court, as Dr. Dirkmaat oversaw the dig, and was not the one who actually sifted the items from the ground.
Because of this objection, Judge Richard Mott suggested that the defense call in the students who worked with Dr. Dirkmaat on the dig, and then withheld his decision on allowing the items to be entered in as evidence.
All together, the defense has seven items they would like to enter in. The prosecution, on the other hand, continues to object to their relevance.
Also taking the stand on Thursday was blood expert Terry Laber, who finished his direct testimony and was cross-examined; and then retired New York State Police investigator Leslie Hyman, who served as a lead investigator on the case in 2001.
Hyman’s testimony centered on the phone that was found in Michele Harris’ van at the end of the driveway on Sept. 12, 2001. Hyman was also responsible for running the lead desk for the investigation.
Hyman had testified in the three previous trials for the prosecution. Senior Investigator Sue Mulvey is expected to be called back to the stand on Friday.
