The sun rises over the courthouse in Schoharie County, where Calvin Harris, charged with Second Degree Murder in connection with the disappearance of his wife Michele in September of 2001, is on trial.
On Wednesday, Kevin Tubbs, the key witness for the defense in the second degree murder trial for Calvin Harris was sent home for the night as arguments surrounding blood stain testimony stalled the proceedings, which are now into their ninth week in Schoharie County.
Kevin Tubbs, the farmer who claimed to have seen Michele Harris at the end of the family’s residence with another man during the timeframe in which the prosecution claimed Calvin Harris killed her, was expected to testify Monday, was scheduled again for Wednesday, and was sent home late Wednesday afternoon. But Tubbs was instructed to return again Thursday, to provide testimony for the defense.
Calvin Harris, the 55-year-old Spencer, N.Y. resident and Tioga County businessman, was convicted twice for killing his estranged wife, Michele Harris, convictions that were both overturned.
Now into a third trial at a new venue in Schoharie County, Calvin Harris continues to claim his innocence of accusations that he killed his estranged wife, Michele Harris, sometime during the evening of Sept. 11, 2001.
On Wednesday, the morning began with a continuation of testimony by blood expert Terry Laber, who after careful review of alleged crime scene photos taken at Calvin Harris’ residence on Hagadorn Hill Road told the jury that the amount of blood needed to re-create the stains and spatter found at the home was equal to about 10 drops, or 1/8 of a teaspoon.
The prosecution in this case has claimed, since the beginning of trial proceedings for Calvin Harris, that bloodstains found in the garage of the Harris residence, kitchen, and foyer would prove that Calvin Harris killed his wife Michele with an object that would have been delivered in blunt force; but the blood expert on Wednesday, and after arguments presented outside of the jury regarding the expert’s testimony, stated to the jury when they returned that the stain patterns found in the kitchen, and other areas of the home are inconsistent with someone being bludgeoned.
Being a blood expert in homicide cases for several decades, Laber testified that there would have to be a lot more blood than the stains found to constitute that scenario of bludgeoning, and that the gaps in the blood pattern are inconsistent with this theory.
Laber also testified that there were no signs of a clean up, and that the stains would have a different appearance if this was attempted.
Defense testimony is expected to continue on Thursday with Kevin Tubbs taking the stand.
