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
harris first two trials, jurors returned their verdicts swiftly. 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 trial has been ruled a mistrial. reporter a mistrial. it was the outcome nobody wanted. we got closer to justice, but we re not there yet. michele s family, convinced they knew the truth, that cal murdered michelle, left the courthouse without comment. not right now. reporter: and tioga county prosecutor 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. reporter: a fourth trial? really? yes, indeed. in march 2016, deja vu all over again.
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
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 wasn t going to go home that night and i knew how they were going to be and it was overwhelming. reporter: but in the eyes of michele s 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 guy s claim. reporter: a new witness with an amazing story and it turned the harris case on its head. coming up. as always walking by the harris property, there was a blond woman out there, looked like she was crying. i know is her. reporter: had someone seen michelle? the most bizarre story that you could have ever told. reporter: get ready for trial number two. when when
reporter: bill easton was one of cal s attorneys. there is not an eyewitness to, it or ear witness to it. none of this is direct evidence is present in this case. he didn t confessed to. it reporter: the prosecution argued that cal showed how unfeeling he was by failing to join the search for michelle. that was nonsense said his aunt mary. cal was simply trying to keep it altogether 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. reporter: that alleged motive that cal was worried the dealerships would take a hit because of the divorce? not so said cal s side. his lawyer told him michelle couldn t touch the business and that any way before she vanished michele had dieded to accept cal s settlement offer, $740,000. she had indicated to