Would end. Theres a lot of blood in the garage. Missing, murdered . Who was behind it . Theres not one doubt in my mind that he is guilty. Look, im not guilty. I didnt do this. I didnt commit this crime. Three trials, three juries and heartache beyond measure. Our mom is already gone and theyre trying to take our dad away from us. Theyre either for him or against him. My obligation as a District Attorney is to seek justice. A father in the fight of his life. My life is on the line and my kids lives are on the line. Im lester holt and this is dateline. Here is Keith Morrison with the mystery at empire lake. Its been the story of their lives. We cannot sit here in silence and watch another travesty of justice take place. Its about their world, the one that fell apart in the time they cant recall. Do you remember very much about your mom anymore . Not really. Its been a long time. Its about what happened on the september day the rest of the world cant forget. Is there a corner of your brain that thinks maybe it was somebody else . Not at all. Not at all. 14 years, three trials, moments of sheer agony. Takes your breath away. You know, its like being stabbed in the stomach. Tonight, the climatic chapter in a family saga, one that began in a moment all but drowned out in the chaos of history. It was september 2001. The harris kids were little, 7, 6, 4 and 2. The family lived in this sprawling patch of wilderness with a private lake in the backyard. Living in paradise, seems like. Yeah. The kids have still have a lot of happy memories out here. Its just a very unique and special place that we were fortunate enough to purchase, you know, years and years ago. A unique and special place that only a prosperous person could afford like the prominent car dealer, cal harris. He loved it out here, too, he said. And taught his kids to love it. You went hunting with the kids here, fishing . Hunting, fishing. You name it. We swim in the lake, jet ski in the lake, water ski. My kids like to bring their friends out and really enjoy. It waschristmas was always fun. I can imagine. Playing with presents. I cant think of a more idyllic place to have christmas. Did it feel like that at the time . Yeah. It was here in this patch of paradise, said cal, that he woke up one morning almost 14 years ago to find that his wife, michele, wasnt home. He had gone to work the evening before, didnt come back. Merry harris. He didnt know what happened. Woke up and she wasnt there . And, honestly, he didnt it wasnt something he seemed comfortable talking about a lot. I think it was very emotional for him. She was gone. Gone without warning. Her friends, distraught. Called her cell phone. Where the hell are you . You need to call me as soon as freaking possible. I am worried to death about you. They heard her cheery cell phone message, haunting them. Hi. This is michele. Leave me your name and number and ill call you back as soon as i can. Michele . Bob miller. What is going on here . There is Something Else about this that you should know. The night Michele Harris vanished was not just any night. It was september 11th, 2001. Things are in some kind of disarray. So they were. And so nobody was paying much attention to the disturbing events up here around little owego, new york. Troopers have all been sent to new york city. Theres a Skeleton Crew left at all the stations. Back then, sue mulvie was with the new York State Police. She took the call morning of september 12th. What did you do . I sent two investigators over to talk to Calvin Harris and sent a uniformed trooper up to the house. He opened up his house to them. He said whatever you need. Look wherever you need to look. Cart blanche. I want this to be solved. I want this to happen. That morning, she knew only this. She had a missing person case on her hands and, with luck, it would resolve itself speedily, as many do. We kept hoping, as everyone did, that michele would call her house or call one of her friends and show up. Cal said his aunt merry was completely focused on his four children, had to leave it for others to search for michele. His thing was, its time to go to school. Now its time for me to pick them up. I need to make sure this is a routine thats normal for them. Were going to keep them in that routine. But where was their mother . There was a clue and it didnt look good. Micheles van had been left at the foot of the long driveway leading up to her house on that big country lot. The keys were still in the ignition, but where was she . Investigators, video camera in hand, searched the house. Outside those 200plus acres to look through. That area was homesteaded heavily in the 1800s. Theres a lot of laid up wells and old foundations and things like that. Didnt find anything . No, we didnt. Not at first. But a few days later they did. Opened the residence in the open garage door. Senior investigator steve anderson. I noticed blood stains on the floor and on the moldings of the doorway that led out to the garage. And there was more blood, tiny stains on a kitchen rug. They sent it out for tests. Everything on the floor, on the inside walls and on the carpet came back to being micheles blood. And suddenly the case looked very different. Then we knew we had a real problem. What in the world had happened to Michele Harris . When we come back, inside the harris household. They have what would appear to be an idyllic life and a beautiful home and beautiful children. Surprising revelations behind closed doors. We learned more and more, he became the focus. A husband suspected. A daughter questioned. I didnt talk. I just sat there and cried the whole time. The world is filled with air. But for people with copd sometimes breathing air can be difficult. 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Waterrepellent. Up to 48hour battery life and ballistic nylon back. Thats your first win. Plus, its only on verizon. The 1 network. Theres your next win. Now for final win. Get 250 when you trade in any smartphone. And get 10 gigs of data for 80 a month and 15 per line. The winwinwin. A new way to save without settling. Only on verizon. Michele harris, 35yearold mother of four, was missing. New York State Police investigator sue mulvey felt sure of one thing. Michele had not abandoned her children. The clear picture that we developed is that michele would never leave her children, ever. So, was it foul play . After all, micheles van was abandoned at the foot of her driveway. And that blood on the garage floor and in the kitchen alcove, testing proved it was micheles blood. Theres a lot of blood in the garage and spread over a wide area. And there is a lot of blood splatter, over 60 drops, of blood thats been not just dripped but splattered but some force on that throw rug. And yet it didnt make sense. This woman, wife of an affluent car dealer, a mom, seemed like an unlikely victim. They had what appeared to be an idyllic life, beautiful home, beautiful children. It got off to a storybook start. He, the attractive wealthy car dealer. She, a pretty young woman from modest means, answering phones at a harris car dealership. My brother had his office across from mine. I saw her one day and just kind of evolved from there. What attracted the two of you to each other . She was very outgoing and very attractive and good personality. She was a knockout. She was funny. She was vibrant. Merry harris was also taken by cals new girl. Michele, she said, was a woman up for anything. Athletic. Lets have a good time. Jump on the jet ski. Jump on the four wheeler. Not a dainty wee thing as it were, and not a shy, retiring type either . Nochlt thats part of why their personalities, to me, seemed to really mesh. Michele fell hard, too, for the man and his lifestyle. Gary taylor is her dad. He won some dealership thing and they went to switzerland, i think. Wow. There was a lot of perks there that she had never had before. So in august 1990, michele and cal got married here beside empire lake. It was a great day, beautiful setting. Very relaxing. Not very stressful. Just kind of ended up being a big party afterwards. The fairy tale rolled on. The kids kept coming. They built this house on empire lake. Here on their private preserve, they were a family in motion, fishing, swimming, skating. Michele into all of it. And now the kids, of course, are much older. Taylor is 21, kayla almost 20, jenna 18 and tanner 16. Their mom . About her, they have no real memories. Its been a long time. True. Most of your lives. And how old were you . Im not sure how old i was. But i dont have any memories. Jenna is often told by those who knew michele how much she resembles her mom. Ive seen pictures of her. Shes really pretty. Shes always smiling. Like a really happy person. It makes me feel good that people see me in her. And even with that terrible loss, said the kids, theyve grown up happy and content for the most part, all thanks to one person. Just tell me about your dad. What kind of guy is he . Funny. Funny . Yeah. Hes funny and hes the most caring guy in the world. And hes nice and were his whole world. And hes protective and just loves us so much. And wants the best for us. A protective dad who said he tried to shield them best he could from the notsohappy times. Michele was really struggling with those kids at a young age, which i totally understood. What i noticed was that she was just drifting away from being a stayathome mom. And i understood that. There was certainly friction in the harris marriage. He loved order. She, not so much. She had a room zbounsz shedownstairs and she called it the chuck room. If there was going to be a party or picnic, take it down to the chuck room. She told friends and family he had a temper, a controlling way. Once back in 1996 she called her sisterinlaw from a closet, terrified. He had the gun outside the closet and she was inside, hiding. What did you hear about that . He was out there with a pump gun, i guess, racking the pump action up and down and telling her to come out. Cal later denied it was true that he had been fighting or threatening michele with a gun. Then in 1999, michele learned cal was having an affair. She was devastated, but not ready to end the marriage. And cal michele said we can work through this, but, you know, youve got to get rid of the girl. They did what they could to salvage the marriage. It didnt work. She told her family he cut off her spending money. She took up with a young man in november 2000. A month later she told cal she wanted a divorce. Her family said he didnt take it well. And things in that big house in paradise grew strained, indeed. Why did she stay in the house . Her attorney had advised her to stay in the house and to not leave. They divided the parenting duties and worked on a settlement. Michele got a job as a waitress at a local restaurant and bar. Thats where she was the night of september 11th. She finished her shift about 9 00, had some drinks with two coworkers and then she drove to her boyfriends apartment. Left there about 11 00. That, sue mulvey learned, was the last time anybody saw Michele Harris. We did a lot of work on a lot of different people early on. And it wasnt until they were eliminated and then we learned more and more about calvin, that he became the focus. The District Attorney even tried to speak to the two eldest children. Didnt accomplish much beyond frightening them, apparently. I know i just sat there and cried the whole time. I didnt talk. I wasnt allowed to be in there with taylor. How old were you at the time . I was in fourth grade. He was in fifth grade. So, 9 and 10. He interviewed plenty of other witnesses who convinced him that the police had the right man. In september 2005, four years after Michele Harris disappeared, the d. A. Charged her husband, cal, with seconddegree murder. Three state Police Personnel literally busted into my office and kicked the door open. And the three of them jumped me and handcuffed me and shackled me. And walked me out the front door of my office. You got a taste of law and order up close and personal. Yeah. The d. A. Was going to take the case to trial, even though there was no body, no murder weapon and even though he himself was by no means convinced he could prevail. I thought that it was maybe a 50 50 shot at a conviction. I thought a jury could go either way. Coming up it hurts. Absolutely. All of it was just taken away. Why would cal harris want to kill his wife . He told her that he would put her body in a place where it would never be found. And the evidence . I think it could very well have been the most important part of the case. When dateline continues. , the new rewards program. I did. In fact, im earning plenti points right now. But youre not doing anything right now. Lily . Hes right. Sign up, and you could earn plenti points just for being a wireless customer. In the meantime, i just kick back and watch the points roll in. Where did you get those noodles . At t cafeteria. You mean the break room. At t the only wireless carrier to be a part of plenti now when you add a new phone line to your wireless plan you get 5,000 plenti points to use in lots of places. Music lively orchestral score yes kids never get this excited about cleaning teeth. You want a greenies . But dogs do. Watch them go wild for an irresistible treat that fights tartar and freshens breath. Greenies dental chews. Save on great gifts for dad this weekend at kohls. In september 2005, four years after his wife, michele, vanished, cal harris was charged with murder. Oh, it hurts. Absolutely. You know, i had a Good Standing in the community. Yeah. Had a successful business. Donated my time, money and resources to a lot of good causes in the community. Raised my kids in that community. And, you know, all of it was just taken away. But Cuyahoga County d. A. Had become convinced that cal killed his wife late in the night of 9 11 and as the children slept, disposed of her body. The more i met with the people that were close to michele and that knew something about the case, the more convinced i became that, you know, he really did this. The trial began in may 2007, with the prosecution claim that cal harris was a man used to being in charge of everyone and everything in his life. Hes in control of his businesses. Hes in control of his wife. Hes in control of his finances, his employees and his children and just kind of a domineering person. More than that, said the prosecutor, cal harris could be volatile. Michele harris began keeping notes about what she said was abusive language and behavior. She won a temporary order against him. He told her he would kill her and nobody would find you. Doesnt mean he killed them. He went beyond saying terrible things to her. He told her he would put her body in a place that it would never be found. Thats like one of the biggest facts of the case. We looked and looked and looked for this womans body and have not been able to find it. The Harris Family babysitter, a woman named barb thayer, said she found the van parked at the end of the long driveway. She goes into the house and yells, is michele here . The cars at the end of the driveway and the defendant, without missing a beat just said we better go get the car. According to the babysitter, cal didnt seemed surprised. Didnt ask her any questions about the keys, like he knows the keys are in the van. This is an interpretation of a persons reaction. Yeah, youre right. But its all these hundreds of Little Things that convinced me that hes just not acting like someone would act if they didnt know what had happened to their wife. Later that morning, when new York State Troopers talked to cal, they, too, made note of his demeanor. He seemed kind of unconcerned. He was more concerned with getting Michele Harris van cleaned up and back on the lot. The motive, said the prosecutor, was simply money. Cal had learned that michele was demanding an appraisal of the car business. Did she intend to take a piece of it in the divorce . All of a sudden, everything is out of his control. So the argument went, if michele disappeared, cals ms did, too. He was going to have his finances scrutinized. He was perhaps not going to be able to stay in the marital residence. Certainly his children are leaving. And the next day, all those things are back in his control. Finally, that blood evidence. Prosecution witnesses called it medium velocity spatter that had been left there only recently. I think it could very well have been the most important part of the case as far as placing michele bleeding in the house with some force having been applied to that blood and no explanation for it. So what happened that night . Prosecutor keene put his theory to the jury. She got home that night at about 11 30, parked her car, went in through the garage door and as soon as she got inside the house, she was struck with something by the defendant. She went down on the kitchen rug, he said, was struck again. That blood spatter. So this would put her down either on her knees or on her bottom as shes being struck and the blood spatters on the door and on the carpet. Took her back out into the garage and laid her down on the garage floor. She must have bled some on to the garage floor because theres an area three feet by six feet where blood was found. Then said the prosecutor, cal tried to clean up before he disposed of the body. He would have been taking the car back down to the end of the driveway, walked back up to the house and disposed of the body during the seven hours or thereabouts before he called mrs. Thayer. The Defense Attorneys tried to swat it all down. And cal harris himself was adamant. He had nothing to do with his wifes disappearance. Its one thing to say, look, im innocent. I didnt do this. Its another thing to have so many people accusing you, pointing the finger at you. Look, im not guilty. I didnt do this. I didnt commit this crime. There was no body, no murder weapon and the defense said the forensics were unconvincing at best. But the jurors werent having it. It was june 2007. They came back guilty. Cal harris broke down and sobbed. Because i knew i was going to not see my kids. I knew i wasnt going home that night, you know. I knew how they were going to be. It just was overwhelming. But in the eyes of micheles family, it was finally justice. And then . Then an extraordinary thing happened. My first reaction was, come on. The judge is not going to accept this guys claim. A new witness with an amazing story. And it turned the harris case on its head. Coming up as i was going by the harris property there was a blond woman out there. Looked like she was crying. I know it was her. Had someone seen michele . The most bizarre story that you could have ever told. Get ready for trial number two. [sfx bell] [burke] its easy to buy insurance and forget about it. But the more you learn about your coverage, the more gaps you may find. [burke] like how you thought you were covered for this. [man] its a profound statement. [burke] but youre not even covered for this. [man] its a profound statement. [burke] or how you may be covered for this. [burke] but not for Something Like this. [burke] talk to farmers and see what gaps could be hiding in your coverage. [sfx yeti noise] we are farmers bum pa dum bum bum bum bum its back by popular demand. Olive gardens 2 for 25 now with more new dishes than ever before like creamy chicken firenze in a vibrant citrus sauce. Plus dessert and unlimited salad and breadsticks. The 2 for 25 tuscan dinner. At olive garden. Get dad the perfect gift with big fathers day savings now at lowes, like the troybilt trimmer and edger for only 119. Plus 10 off select major appliances 396 and more. So hurry into lowes and save on something hell love. Only nexium 24hr gives you nexium level protection for frequent heartburn all day and all night. Try nexium 24hr, the 1 prescribed acidblocking brand, and get all day, all night protection. Nexium level protection. O owego, new york in august 2007 was almost unbelievable. Cal harris, convicted of killing his wife, michele, was about to be sent away for 25 to life and all of a sudden it blew up right in prosecutor gerry keenes face. I thought the defendant was going to be sentenced and it ended up more my being on trial. Who on earth had the power to make this happen . He did, kevin tubbs. I know she was there, okay . I know she was. Kevin tubbs, a plain spoken farm worker back then, was hauling hay. Why was he so important . Because after six years during which tubbs swore he barely registered the fuss over the harris case, he picked up the paper and saw the story of cals conviction and i seen that and, you know, i started like recalling, you know thinking like oh, my god. Just like that, he suddenly knew, he said, that what he saw the morning after 9 11, the morning Michele Harris disappeared was important. It was between 5 30 and 6 00 in the morning, he said. He was hauling a load of hay. As i was going by the harris property, there was a blond woman out there and a young gentleman, you know, in his early 20s. Standing by a pickup truck. My lights were right on them. And hardly more than ten feet away, he said, he looked straight at the young man, saw he was dark haired, muscular and visibly angry. He looks at me like this, like what do you want . And the woman . She was looking down. Just by her face, looked like she was crying. She was either upset or wasted. The woman, he said, he was certain of it, was Michele Harris. I know it was her. Was it true . If kevin tubbs really did see michele on the Early Morning hours of september 12g9, the prosecutors case was ruined because cal harris couldnt have murdered her some seven hours before and an innocent man had just been convicted. And so the judge tossed out the verdict, called for another trial and sent cal home to his kids. Many, including micheles family, thought tubbs story was bogus. Everybody knew he was lying. It was the most bizarre story that you could have ever told. And, of course, when trial number two opened in 2009, the prosecution attacked tubbs credibility. Why did he wait six years to come forward . Still for the defense, tubbs was pure gold, the man to create reasonable doubt. There simply isnt enough evidence to convict cal harris of murder. Bill easton was one of cal harris attorney. He didnt confess to t none of this evidence is direct in this case. How unfeeling he was by failing to join the search for michele. That was nonsense, said his aunt merry. Cal was simply trying to keep it all together for his small children. There were dozens, maybe hundreds of experts scouring the area, looking for her. And there was one person taking care of these four kids. That alleged motive that cal was worried the dealerships would take a hit because of the divorce . Not so said cals side. His lawyer told him michele couldnt touch the business. Before she vanished, michele had decided to accept cals settlement offer, 740,000. She had indicated to numerous people she was happy with the settlement. Besides, said aunt merry theres plenty of money to go around and no amount of money would have made cal say, aha, you know, for 2 million, im just going to wipe her out. Then there was the blood, the spatter in the kitchen alcove. Could have been a cut finger, said the defense. Any way, nobody could tell when it was left there. As for the prosecutions claim that cal tried to wash away blood on the garage floor a small amount of diluted blood found days after the new York State Police had walked through this part of the house while conducting the search. Walking on it wouldnt destroy the blood. It could dilute it if their boots were wet. They needed to hear from cal harris, as the caring father, not who the state made him out to be. He took the stand. It was nerveracking. My life is on the line and my kids their lives are on the line. He admitted to an affair, blamed himself for the end of the marriage but denied threatening her or trying to control michele. If anything, he said, she had been living a wildlife, staying out all hours just before she disappeared. She came and went as she pleased. She had money to spend. I wasnt tracking her down. The babysitters were here. The nannies were here. She was off doing whatever she was doing. I dont even know what she was doing. Was it enough . The jury deliberated for almost two days. And it wasnt. Guilty again. Takes your breath away. Like being stabbed in the stomach. Just im numb, you know. I had already been through it once. Family and friends stepped in, took care of the small kids, who began a weekly ritual, visiting dad in prison. Taylor, the eldest. You go and get to see him for two hours a week and youve got a bunch of other people talking and its loud. And you cant really have a private conversation. That was definitely the hardest part for us. I mean, he held it together well but what was it like driving home . Quiet. Watching his kids walk away, week after week, said cal, was unimaginably hard. That was the worst. I went back to my cell and just laid there for hours and hours and just closed my eyes and tried to block it out. Three years rolled by. Then came a day in october 2012 when cal harris found himself crying for joy in the prison yard. Coming up its rare, though. I mean, this is really rare for that to happen. Yeah. A new chance at freedom, new urgency from the kids. Its time for the truth. And a whole new theory of the case. Tess all coming together. Its time to look elsewhere. Trial number three, when dateline continues. At kohls celebrate dad sale take an extra 15 off go to kohls dot com to download your savings pass. Plus youll get kohls cash get to kohls this weekend and save on great gifts for dad find your yes. Kohls. Howdy folks this is me colonel sanders. For 5 dollars you can fill up your car with gasoline or you can fill up yourself with my 5 dollar fill up with Finger Licking good sauce. Its tender, its juicy, its delicious. Three chicken tenders, taters and gravy i threw in a biscuit and a big ol cookie my 5 fill up will fill you up guaranteed aint that right, phillip . Its still Finger Lickin good. Many wrinkle creams come with high hopes, but hope. Doesnt work on wrinkles. Neutrogena® rapid wrinkle repair has the fastest retinol formula. To work on fine lines and even deep wrinkles in just one week. Neutrogena®. 3 f2 si cal harris se ganaria la this is rare, though. I mean this is really rare for that to happen. Yeah. What happened . New yorks court of appeals overturned his second murder conviction, citing errors made by the judge and ordered trial number three. While everyone waited for that, cal once again went home to the house on empire lake and his four growing children. Tanner, the youngest, was in eighth grade then. The rest were in high school. That was great. What a change, huh . Back to normal. It was easy. Yeah . Didnt take long to adjust . He had to adjust to what our plans were. Well, you had been coping on your own for so long. Yeah. This time, this third chance, the kids were determined this would be different. We want you to know our dad will not be taken away from us again for a crime we know he did not commit. It was a very public coming out. Kayla addressed the cameras. The rest of the kids and their tearyeyed dad stood by. We cannot sit here in silence and watch another travesty of justice take place. This was march 2014. The family was helping launch a tip line, asking the public to help find out what really happened to michele. Its time for the truth. Its time for a real investigation that will get us answers. I think that it was a good thing for us to finally come out and talk about it. How did it feel to do it . Good. It was shaky, but nervous before, great after . Kind of relieved after. You have the floor, sir. We all knew this was our time to come out and give our side and do our part in this. Cal hired new lawyers who condemned the state for an investigation that was blind to anything else, search through every square inch of cals life and property. According to lead defense attorney, bruce barkette. They pursued this man for 14 years with scant evidence. Evidence that really no prosecutor should bring a case on. And they pursued him relentlessly. Without bothering to seriously consider any other suspects, said barkett. So the defense scoured the police files for clues and a picture emerged, a disturbing picture of micheles last day. Perhaps she was trusting and perhaps she shouldnt have been. They went back to witnesses the police had interviewed years before. Talked to them and the others that led them to. And thats when they heard a whole new story of micheles last hours on earth. There was also a partial record from earlier trials, they said, which showed the mother of four had been hanging around with an unsavory crowd, coworkers and customers from her waitressing job. People there that were dealing drugs, making sexual advances. And on the night she vanished after she left her boyfriends place, they now knew, they said, that michele did not go home because one of those witnesses reported seeing her later that night with another man, a local steelworker. Attorney donna aldia. In a dance club, he actually said. He was there but left the two of them alone and went home. The steelworker was a regular at her restaurant, said the defense, who had told friends he had a sexual relationship with michele. Who was this man . According to the defense, he was the very same angry stranger kevin tubbs saw with michele in the early hours of september 12th. As i was going by the harris property, there was a blond woman out there and a young gentleman, you know, in his early 20s. Tubbs identified that man from a photograph. His physical appearance, his facial hair, his height, his age and the type of vehicle he drove. Tubbs said the man he saw was standing beside a black truck. The steelworker owned a black truck, same kind. And its a new model and its a chevy. You look everything up and its all coming together. Also they said the steelworker gave conflicting accounts to where he was the night michele disappeared and how well he knew her. It went from the beginning knowing michele and having gone out with her at one point to not even knowing her name, knowing nothing about her. The Defense Attorneys were convinced that man played some role in the disappearance of Michele Harris. Now they decided a jury needed to hear it. Only it wouldnt be in owego. Early on, the team scored a big victory when a judge agreed the third trial should be moved to another county to make sure cal had an impartial jury. It was huge. Its a difficult motion to win. Theyre very uncommonly granted. The new trial would be held in tiny schohairie, away from tioga county where, said the defense, almost everybody knew about cal harris. A relatively small county. The polling showed Something Like 97 of the people in tioga county knew cal harris name, which is more people than know the names of the president of the united states. Finally this past february it began. Jenna, one of cals daughters, would testify for the family sbchlt this. And this time the defense came on strong, chipping away at the prosecution. The blood evidence, for example. The state wasnt allowed to suggest, as it had before, that it was spilled around the time michele disappeared. To have Forensic Science get up and speculate and guess at how old blood was based on the color from a photograph is an outrageously unsupported proposition. Also out . Hearsay testimony from prosecution witnesses, who said michele told them that cal threatened her life. We dont think they belong in evidence. Its part of the reason the case was unfair the first time, the second time. But then the defense attempted to present its evidence about that alternate suspect, the steelworker. And the judge shut them down. The jury would only be allowed to hear the following fact. The mans name, that michele knew him, that kevin tubbsi. I. D. d him and that he knew a black truck. Why . Cal harris was on trial. Wrong man, his attorneys insisted. He did not deserve to be on trial and frankly michele and her family deserve better. We all want to know what happened to her. Its time to look elsewhere. There was a new prosecutor this time around, tioga countys martin. The trial went on for three months. At the end of april, it finally went to the jury. And four kids and their father suddenly had nothing left to do but wait. We said what we want to do when its all said and done. Want to talk about that at all . Vacation. Yeah. Somewhere cool. Maybe. Maybe not. Coming up i know were tough enough that well get through it. You have to be as positive as possible. What would happen this time . Breaking news out of the east schoharie courthouse. Audible safety beeping audible safety beeping audible safety beeping the nissan rogue with safety shield technologies. The only thing left to fear is you imagination. Nissan. Innovation that excites. Brandon thinks hellmanns is heaven in a jar. Come to think of it, brandon, there is a little slice of heaven in every jar. Thats because our ingredients come from places like. Pleasantville, iowa and farmers committed to responsibly sourced oils. Blended with ingredients like cagefree eggs. 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Side effects may include tiredness and headache. I am ready to put hep c behind me. I am ready to be cured. Are you ready . Ask your hep c specialist if harvoni is right for you. It was de ja vu all over again for cal harris, wait by the courthouse every minute like an hour as 12 men and women weighed the evidence. And one man waited to be told his own fate. Freedom or a possible sentence of 25 to life . You know, you have been confident before when youve gone on trial because you said i didnt do it. And theres no evidence that i did it. So i should be acquitted. And yet you werent. So how does that impact your thinking now . Just by what bruce and his team have done in the investigation. Its its really significant. Now whether it will be enough, that remains to be seen. But its got to create some doubt. It has to create some doubt. We didnt have that before. His life is on the line. Defense attorney. You pray for the best and i hope that the best happens in this case. Uncertainty is a way of life for the harris children. Never knowing if their father would be convicted again. So i think, you know, if things dont go our way it will definite ly definitely, you know, turn all our worlds upside down but i think were i know were tough enough that well get through it. You definitely dont like to think about that kind of thing. Well this you know, its a daunting thought. And clearly youve had to think about it. If hes found guilty again. Uhhuh. How do you deal with it . We just spend a lot of time together. Thats what we did when he was in jail last time. Well see him every weekend. Well have phone calls. Well have each other. And you just have to try to be as positive as possible. Not only for us but for him, too, with the whole thing, you know. But, of course, another family waited by the courthouse, too. Micheles family, wanting a very different verdict. Nothing they heard at trial number three had changed the way they felt after trial number two. Is there a corner of your brain that thinks, god, maybe it was somebody else . Not at all. Not at all. Before, two juries had returned their verdicts within hours. Four hours the first trial, nine the second. But this time, the hours stretched into days. You want a hot dog, right . The defendant and his family did what they could to pass the time, lunching at the hot dog stand outside the courthouse, enjoying what could be their last moments as a family on the outside. Four days in, jurors told the judge they were deadlocked. He sent them back to try again. Eight days in, still deadlocked. Again, they were instructed to keep trying. Finally, two weeks in, the jurors made it clear they simply could not reach a verdict. Breaking news out of the Schoharie County courthouse, the third trial has been ruled a mistrial by the judge. A mistrial. It was the outcome nobody wanted. We got closer to swrusjustice but were not there yet. We will continue to fight and continue to pursue the truth about what happened to michele. But her family believes they know the truth, that cal murdered michele. They left the courthouse without comment. Not right now. Tioga county prosecutor did address the media. He promised a fourth trial. There have been two guilty verdicts in this case and i eagerly await the earliest possible trial date that fits with the courts schedule. And so for now, a mystery, almost 14 years old, endures, about a woman who vnished on a woman september night while the rest of the world was looking the other way. That all for now. Im lester holt. Thanks for joining us. hodiak previously on aquarius. grace sam, my daughter, emma shes gone. Im charlie manson. ken obviously, finding her is the important thing but if you can keep it quiet there are people whod appreciate it. Name manson ring a bell . Your husband was his lawyer. I dont think this is about manson and your daughter. Its about manson and your husband. Rue fisher. Im the engineer. You come to make some music with us, rue . You shared your good with me, man. I brought you two presents. Theyre yours, man for as long as you want them. Sam. Kristin. shafe dont lead a subtle life. Thought you ought to know. [glass shatters] hodiak our son is awol from a combat zone. opal i didnt open it. Hes going to prison because of you. Thats the coffee hut. Thats art gladner