Pictured, Mercyhurst University students Jacob Spencer Griffin and Alyssa Harrison exit the courthouse in Schoharie County. Griffin and Harrison testified about their participation in the archeological dig at the burn pit located on the former residence of Stacey Stewart in Lockwood, N.Y. (Photo by Wendy Post)
On Wednesday, in the second-degree murder trial for Calvin Harris, the defense was expected to rest following their last witness, a woman who worked with and knew Stacey Stewart. But instead, the defense petitioned to the judge to recall some of the investigators that took the stand earlier, and field questions to them in a fashion that would assist in the defense’s theory that the investigation into Michele’s disappearance was biased, and that someone else was responsible for her presumed murder.
Presiding Judge Richard Mott agreed to allow the defense to recall these witnesses, but told the attorney that he better have them in the courtroom by 10 a.m. on Thursday. Judge Mott then instructed the prosecution that they would begin their rebuttals at 2:30 p.m. on Thursday.
Defense attorney Bruce Barket is expected to call investigator Sue Mulvey, investigator Leslie Hyman, and investigator Terry Shultz back to the stand on Thursday morning.
Because the defense has been allowed to enter testimony surrounding third-party culpability, with limitations, they noted to the judge that they may have been confused as to what they were allowed, and that these witnesses needed to be approached differently in order for the defense to bring out the testimony they are reaching for.
One witness that took the stand on Wednesday, Jessica Huntsinger, offered testimony surrounding Stacey Stewart.
Huntsinger worked as a receptionist at Vulcraft in Chemung, N.Y. during the period of time that Stacey Stewart was employed there, and during the same timeframe of Michele Harris’ disappearance in September of 2001.
Huntsinger talked of seeing Stewart outside of work, when she went out on an ATV with him on the land surrounding his home in Lockwood, N.Y.
Huntsinger testified that Stewart took her to a pond and asked her about the color of the pond water, and asked her what would make it that color. Huntsinger testified that she thought the question was peculiar.
And although Huntsinger testified that this outing with Stewart was after Michele Harris disappeared, the prosecution, under cross-examination challenged Huntsinger that she told an investigator, early on, that the outing was before Michele Harris’ disappearance.
Huntsinger also talked about a call to Vulcraft from Stacey Stewart after Michele Harris’ disappearance in which he asked her to fill in his time card. He also asked Huntsinger, at one point, if investigators asked about him, and if so, what did they ask.
Hunzinger testified that she had turned all of this information over to investigators.
Also taking the stand on Wednesday were two students from Mercyhurst University in Erie, Pa. Jacob Spencer Griffin and Alyssa Harrison are both students that worked alongside Forensic Anthropologist Dr. Dennis C. Dirkmaat, the archeologist that oversaw an archeological dig at a burn pit located on the former residence of Stacey Stewart.
Found in the ash layer of the burn pit, which was several layers down, was a knife blade, a key, a coin, fabrics of clothing, a metal object, and a strap that looked like it was from a bra.
The defense argued that the items were relevant, as witness statements talked of bloody clothing being burned at that property.
The prosecution objected throughout much of the testimony by the students, stating that the items from the dig “looked like garbage.”
The judge, after testimony by both students, denied entry of all of the objects except for the clothing strap with a clasp. Judge Mott reserved his decision on this item.
Also testifying on Wednesday was David Beers, a private investigator for the defense and Jennifer Moraczewski, senior vice president of operations and technology for Tioga State Bank.
Beers testified about the location of Stacey Stewart’s former residence in Lockwood, N.Y., and Moraczewski testified about bank records for Calvin Harris for the period surrounding Michele Harris’ disappearance.
Altogether, the defense has called approximately 30 witnesses to the stand over a period of two weeks. On Thursday, the prosecution will begin their rebuttal.
It is anticipated that closing arguments will take place next Wednesday, and then the judge will take the case.
