friends had he a sexual relationship with michelle and said the defense stacy stewart appeared to be the very man kevin tubbs saw with michelle in the early hours of september 12th. there was a blond woman out there and a young gentleman, you know, in his early 20s. reporter: tubbs identified that man from a photograph. his physical appearance, his facial hair, his height, his age, and the type of vehicle he drove. reporter: tubbs said the man he saw was standing beside a black truck. stacy stewart owned a black truck. same kind and it s a new model and it s a chevy. you look everything up and it s all coming together. reporter: stacy stewart has denied any involvement in michele s disappearance and he has denied he ever had a relationship with michelle. he said he was never even alone with her. still cal s side was convinced that stewart and a friend of his played some role in michelle s disappearance. in
him down. so now, in closing, he didn t offer a detailed theory about what happened to michelle. 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. reporter: four trials and now it was all on the line. and so d.a. 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 michele, let alone any reason or motive to harm one hair on her head. finally, said the d.a., 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. so what would the judge do? we presented the evidence about what we think happened. the judge was terse. the verdict brief with no
same courthouse, same cast of characters with one notable newcomer. how are you? reporter: judge richard maher. when cal waived his right to a jury trial, the new judge suddenly had a starring role in trial number 4. he would decide the case. he d also decide whether to hear the defense s new evidence. in the end, he allowed some, but not all. lead defense attorney bruce barquette. the truth finally began to peek its head at this trial. we finally begin to see at least an outline of who is actually responsible for michelle harris demise. reporter: a peek or two, that s all. he made the most of it. talking about testimony tham steelworker stacy stewart once said, something about michelle. he says i was the last person to be seen with her when she was alive. reporter: defense attorneys wanted to put stacy stewart on the stand but couldn t track
back to witnesses the police had interviewed years before, talked to others, and heard a whole new story of michele s last hours on earth. earlier trials, they said, revealed the mother of four had been hanging with an unsavoring crowd, coworkers and customers from her waitressing job. attorney ieta. there were people there had criminal records and dealing drugs and people there making sexual advances. reporter: and on the night she vanished after she left her boyfriend s place, they now knew, they said, that michelle did not go home because one of those witnesses reported seeing her later that night with another man, a local steel worker. attorney donna el dia. on september 11th in a bar and in a dance club and he was there and he left the two of them and they went alone. reporter: the steel worker was stacy stewart. he told his
criminal records and dealing drugs and people there making sexual advances. reporter: and on the night she vanished after she left her boyfriend s place, they now knew, they said that michelle did not go home because one of those witnesses reported seeing her later that night with another man, a local steel worker. attorney donna el dia. on september 11th in a bar and in a dance club and he was there and he left the two of them arnl he was alone jo. reporter: the steel worker was stacy stewart. he told his friends had he a sexual relationship with michelle and said the defense stacy stewart appeared to be the very man kevin tubbs saw with michelle in the early hours of september 12th. there was a blond woman out there and a young gentleman, you know, in his early 20s. reporter: tubbs identified that man from a photograph. his physical appearance, his