and so da kirk martin came on strong. that whole defense theory he told the judge was a fantasy. there s no evidence stacy stewart had any sort of relationship with michelle let alone any reason or motive to harm one hair on her head. finally, said the da, after so many years, so many trials it was time to convict cal harris once and for all. michelle died at the hands of her husband, the defendant, calvin harris. so what would the judge do? we sprenpresented the eviden about what happened. the judge was terse. his verdict brief with no explanation, just two words. words cal harris and his children had waited 15 years to hear, not guilty. when he came back with the not guilty, i was just shocked. i was truly shocked. shocked. overjoyed. and saddened by what he lost.
her family deserved better. we all want to know what happened to her. it s time to look elsewhere. there was a new prosecutor this time. kirk martin. he made the same arguments as the previous d.a., saying the evidence pointed to cal harris killing his wife. killing his wife. the trial took three months. finally, late april, the jury got it. and the waiting began. michelle s family still convinced that cal was guilty. is there a corner of your brain that thinks, god, maybe it was somebody else. not at all. not at all. well, cal and his family hope the jury had been persuaded otherwise. you know, you have been confident before when you ve gone on trial because you have said, i didn t do it. i should be acquitted and, yet, you weren t. so how does that impact your thinking now? just by what bruce and his
didn t have to. i m asking the court to find mr. harris not guilty, because there s not proof beyond a reasonable doubt that he committed this offense. keith morrison (voiceover): four trials. and now, it was all on the line. and so da kirk martin came on strong. that whole defense theory, he told the judge, was a fantasy. there s no evidence stacey stewart had any sort of relationship with michele, let alone any reason or motive to harm one hair on her head. keith morrison (voiceover): finally, said the da, after so many years, so many trials, it was time to convict cal harris, once and for all. michele died at the hands of her husband, the defendant, calvin harris. keith morrison (voiceover): so what would the judge do? we presented the evidence about what we think happened. keith morrison (voiceover): the judge was terse, his verdict brief, with no explanation just two words. words cal harris and his children had waited 15 years to hear, not guilty.
the color from a photograph is an outrageously unsupported proposition. keith morrison (voiceover): also out? hearsay testimony from prosecution witnesses who said michele told them that cal threatened her life. we don t think they belonged in the evidence. it was part of the reason the case was unfair the first time and the second time. keith morrison (voiceover): then the defense attempted to present its evidence about that alternate suspect, stacey stewart. and the judge shut them down. the jury would only be allowed to hear stewart s name, that michele knew him, that kevin tubbs had id d him, and that he owned a black truck at the time, no more. why? because stacey stewart wasn t on trial. cal harris was. the wrong man, his attorneys insisted. cal did not deserve to be on trial. and frankly, michele and the her family deserve better. we all want to know what happened to her. it s time to look elsewhere. keith morrison (voiceover): there was a new prosecutor this time, tioga county
third time, deliberations dragged. finally, almost 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 cal harris murder trial has been ruled a mistrial by the judge. keith morrison (voiceover): a mistrial. it was the outcome nobody wanted. we got closer to justice, but we re not there yet. keith morrison (voiceover): michele s family, convinced they knew the truth, that cal murdered michele, left the courthouse without comment. not right now. keith morrison (voiceover): and tioga county prosecutor kirk martin vowed to do it again. there have been two guilty verdicts in this case. and i eagerly await the earliest possible trial date that fits with the court s schedule. keith morrison (voiceover): a fourth trial? really? yes, indeed. in march, 2016, deja vu all over again. same courthouse, same cast of characters, with one notable newcomer. how are you?