Not Guilty!

Following seven weeks of testimony and 13 hours of deliberations in the fourth second-degree murder trial for Tioga County businessman Calvin Harris, the judge presiding over the case, Honorable Richard Mott, rendered a verdict of not-guilty on Tuesday, May 24.

It was approximately 2:15 p.m. in the courtroom in Schoharie County when Judge Mott entered and rendered his verdict. On the side of the courtroom where Calvin Harris sat with his family behind him, there were tears and many hugs. The defense attorney, Bruce Barket, could be heard saying, “It’s over.”

With the not-guilty verdict rendered by Judge Mott, Calvin Harris can’t be tried again under the indictment of second-degree murder, and Tioga County’s district attorney Kirk Martin stated that he will honor that.

Calvin Harris has been on trial four times for second-degree murder in the disappearance and presumed murder of his wife. Michele Harris disappeared into the night on Sept. 11, 2001, and neither her body nor a weapon has ever been found.

The first two trials for Harris were held in Tioga County, N.Y., with both ending in a guilty verdict, and both overturned. A motion to change the trial venue was granted and the third trial moved to Schoharie County. That trial was a hung jury, and the fourth trial – a not-guilty verdict for Calvin Harris.

The prosecution in the case had maintained that Harris had the motive to kill his wife, and that he did so in the middle of the night and put her body in a place where no one would ever find it.

The defense continually argued that the investigation was biased, and that they only looked at one person, Calvin Harris. And defense attorney Bruce Barket, following the verdict, stated to the media, “This case isn’t over.”

“We’re going to bring this case forward,” said Barket, adding, “Wait until you see what we have for Tioga County.”

An emotional Harris, who exited the courtroom with his four children, who have remained by his side, also addressed the media following the verdict.

Harris told the media that he wasn’t going to be celebrating, and that there were no winners in the case against him.

“I was ripped away from my family three times,” said Harris.

Harris talked about the cost of all the trials to everyone, including the Tioga County taxpayers. And now that it’s over, Harris also stated that there is still no closure; that Michele is still missing.

“Not until we find Michele,” Harris stated when fielded a question about closure from the media. He added, “Not until we find my children’s mother.”

He called the investigation on him a “horrible display of abuse and power.”

As Harris was delivering this statement to the media, an onlooker at the conference shouted from behind, saying, “Right on.” This same heckler made comments to the prosecutor as he walked away, asking him how they [Tioga County] felt about wasting 15 years on trying Calvin Harris when they could have been looking for Michele.

But the conference was uninterrupted for the most part, with Barket addressing the media about his defense and the outcome.

Barket said he didn’t think it was close, when media fielded an inquiry as to what he thought the determining factor was for the verdict.

“Their case was long on sympathy and short on evidence,” said Barket.

Barket also mentioned Kevin Tubbs, the farmer who came forward stating he saw Michele in the early morning hours of Sept. 12, 2001 with a man he identified later as resembling Stacey Stewart.

“Tubbs is a true, unsung hero here,” said Barket. He also told the media that he thinks the only person upset by the verdict is Stacey Stewart.

Tioga County District Attorney Kirk Martin, who also addressed the

media, offered only a few words, and said they would obey the court’s decision.

“I believe we presented all we had to the best of our ability,” said Martin of the case, adding, “We had evidence, and every step of the way we presented it.”

When asked what he thinks the taxpayers in Tioga County will think, Martin stated, “I have a job to do as district attorney.”

Martin also noted that they do not know the judge’s reasoning behind the verdict, as the judge can speak as little or as much as he wants. When Mott rendered his verdict on Tuesday, he offered his verdict and that was all.

Martin would not offer a statement regarding any leads that might be pursued by investigators in the future. He only noted, “Michele is still a missing person.”

Several of Michele’s family members and friends were in the courthouse when the verdict was rendered, but did not offer any comment. Many of those who testified for the prosecution, like Barbara Thayer, were not in the courthouse when the verdict was rendered.

Outside of the courthouse, Kevin Marks, a Schoharie resident that followed both the third and fourth trial, reacted to the verdict.

“Doesn’t surprise me,” said Marks of the verdict. “Proving it would have been tough.”

Also following the trial was Carolyn Wilston from Mainesburg, Pa. Wilston followed the third and fourth trial, often traveling to Schoharie to sit in proceedings.

Wilston stated that the not-guilty verdict was the only choice the judge could make.

“With the evidence brought into the trial, it would have to be not-guilty,” said Wilston, adding, “I’m glad the kids have their dad back.”

Both Calvin Harris and his children, who were emotional during the media address following the verdict, will be relaxing at home and will then take that family vacation they have wanted to take.

WIth Michele Harris gone for 15 years, and four trials for Calvin Harris behind him, the family can now spend time without a second-degree murder charge looming. Will there be closure? As it has been said, not until Michele Harris is found.