Calvin Harris addresses media at the conclusion of his trial on Friday, which ended in a mistrial being granted. (Photos by Wendy Post)
The jury in the second-degree murder trial for Calvin Harris departs the Schoharie County Courthouse on Friday. When asked how difficult it was for the jury, or what the split was in the deadlock, they declined to say anything. One alternate juror stated, “It was tough.”
On Friday morning, Schoharie County Judge George R. Bartlett III approved a defense request for a mistrial in Calvin Harris’ third murder trial. The request came after the jury presented a note late Thursday, declaring a third deadlock after 11 days of deliberating. Friday would have been the jury’s 12th day of deliberations.
A note on Thursday stating they were deadlocked also noted that not all jurors agreed they were deadlocked. The judge sent them in to clarify the note on Friday, and when they returned they were polled to see if they were unanimous in their deadlock decision.
They were, and the note stated, “We all agree we are deadlocked, and too far apart.”
The jury was dismissed after months of hearing testimony, and then 11 days of evaluating evidence in the case and fielding questions to the judge regarding testimony.
Bartlett stated to the court, “I am confident that they used their efforts in good faith, and it is the court’s determination that the jury has deliberated extensively enough to satisfy the court.”
With that, the jury was dismissed. Members, as they departed, declined any comment regarding their deliberations, and would not disclose the percentage of their split. One alternate juror merely exclaimed, “It’s been tough.”
The defense initially tried to get the judge to grant a trial order of dismissal, citing insufficient evidence to convict. This request, however, was not granted, and a defense motion for a mistrial approved.
With a mistrial, the case remains open, and Calvin Harris remains free on continued bail. A fourth trial will be up to the prosecutor to decide, and Tioga County District Attorney Kirk Martin stated on Friday that he has an obligation to uphold justice and plans to move forward with another trial.
The defense thinks that double jeopardy should apply, and noted that they are hoping to have even more evidence that will prove their client’s innocence in the event a fourth trial is scheduled.
“About 80 percent of our evidence is still in a box,” said Defense Attorney Bruce Barket. “There shouldn’t be a fourth trial, there should be a first investigation,” he continued.
He told the media that they believe Stacy Stewart and Christopher Thomason were involved, and added, “… ironically, both of them are in prison, one works there, the other is in prison.”
“We weren’t allowed to bring in everything we had,” Barket stated, referring to the bloody clothes Christopher Thomason allegedly burned and Stacy Stewart’s bragging that he knows how to hide a body. The two were also the last to see Michele Harris alive, according to the defense.
The defense investigation
Since Michele Harris’ disappearance, Calvin Harris has hired private investigators to look into what happened to her. The first investigator was David Beers, who was called to testify at the third trial, but the judge did not allow his testimony in front of the jury.
When Calvin Harris and his children launched a tip line, early last year, phone calls started to arrive and a second investigator was able to get statements from multiple individuals who wrote that Stacy Stewart was the last person to see Michele Harris alive, and that he had bragged that he knew how to hide a body.
There were also statements about bloody clothing that Christopher Thomason had burned at Stacy Stewart’s home — the home that he left right after Michele Harris’ disappearance.
One of Stewart’s former girlfriends testified in front of the jury in the third trial, but because of an earlier third party culpability ruling, she was limited in her testimony, and returned to Texas, where she and Stewart both reside.
The jury, because of the court’s ruling on third party culpability, was not allowed to hear any of this new evidence the defense wanted to introduce, and Barket is sure that if they had heard this new evidence, that Calvin Harris would be exonerated.
Barket is hopeful that officials will work with him on pursuing these leads. “My client has paid for all of this, I am hopeful that the state police and investigators will join them in searching for the person(s) responsible for Michele Harris’ disappearance,” Barket said to the media on Friday.
Calvin Harris speaks out
Calvin Harris also read a statement to media, stating that the last 14 years of his life have been a nightmare as he was wrongfully accused.
“They went after the wrong guy,” said Calvin Harris.
He also asked for law enforcement to get out there and look for those responsible for Michele Harris’ disappearance.
To view and listen to a statement offered by Calvin Harris on Friday, visit https://www.youtube.com/watch?v=4FmqfeZKa8o&feature=youtu.be.
Case history
Calvin Harris’ wife disappeared sometime during the evening of Sept. 11, 2001 and the morning of Sept. 12, 2001. The couple was going through a divorce, but still resided together. Both were involved in extra-marital affairs.
The body of Michele Harris and a murder weapon have never been found.
Following her disappearance, investigators converged on Calvin Harris’ home with sonar, heat seeking sensors, dogs, 4-wheelers, helicopters, and even night vision goggles. They also used a GPS tracking device to follow him.
In 2005, the district attorney at that time, Gerald Keene, pushed to indict Calvin Harris. By 2007, the first second-degree murder trial took place in Tioga County, N.Y.
After approximately three weeks of testimony, and four hours of deliberations, a jury found Calvin Harris guilty following a circumstantial case presented by the prosecution that centered around small blood stains found in the home, and Calvin Harris’ behavior following his wife’s disappearance.
But a farmer, Kevin Tubbs, came forward after the first verdict was rendered — stating he saw what appeared to be Michele Harris at the end of their driveway on Hagadorn Hill on the morning of Sept. 12, 2001, and she was arguing with a man that wasn’t Calvin Harris.
The judge at that time, Judge Martin Smith, held a credibility hearing, and determined Kevin Tubbs was credible. The judge then allowed his testimony to be entered, and then overturned the verdict.
Since that trial, the defense was able to connect Tubbs’ description to that of Stacy Stewart, and Kevin Tubbs was able to testify to this in the third trial.
In 2009, another trial was held in Tioga County that lasted five weeks, and saw 10 hours of deliberations. The verdict — guilty. Judge James Hayden presided.
This time Calvin Harris was sent to the Auburn Correctional Facility where he spent three years until an appellate court overturned the conviction and ordered a new trial.
A change of venue was granted, and in 2015 the third trial began in Schoharie County. This trial spanned through 11 weeks of testimony, and 11 days, or 57 hours and 15 minutes of deliberations before ending in a deadlock, or hung jury.
A fourth trial
Now, a conference on Aug. 12 in Schoharie County will gather counsel to discuss the next steps for moving forward.
The prosecution claims they will try Calvin Harris again, and the defense says it is unheard of for someone to have four trials.
“The only one I know who had four trials is John Gatti,” said Barket, “and people can say what they want, but Cal is no John Gatti.”
The prosecution would not offer any comments throughout this trial, except to note that he plans to pursue a fourth trial.
Back in Tioga County, and found in comments relative to the reporting of this trial, residents are mixed. Some maintain that Calvin Harris is guilty and should be brought to justice at any cost — others are saying that the trial needs to end, and that if the legal system pursues things, they should follow up the leads that the defense tried to introduce.
As far as a venue for the trial, defense attorneys state that they like Schoharie, and that if a fourth trial is inevitable, that it should be held there.
