the fuss over the harris case, he picked up a paper and saw the story of cal s conviction, and. i seen that and, you know, i started, like, recalling, you know, thinking like, oh, my god. reporter: just like that! he suddenly knew, he said, that what he saw the morning after 9/11, the morning michelle 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. reporter: standing by a pickup truck. my lights were right on them. reporter: hardly more than ten feet away, he said he looked straight at the young man, saw he was dark haired and muscular and visibly angry. he looks at me like this, like what do you want? reporter: and the woman? she was looking down. just by her face, looked like she was crying. she was either upset or wasted. reporter: the woman he said,
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he was certain of it, was michele harris. i know it was her. reporter: was it true? if kevin tubbs really did see michelle in the early morning hours of september 12th then the prosecutor s case was in ruins, because cal harris couldn t have murdered her some seven hours before. 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 michelle s family, thought tubbs story was bogus. everybody knew he was lying. it was the most bizarre story you could have ever told. reporter: and, of course, when trial number two opened in 2009, the prosecution attacked tubbs crediblility. why wait six years to come forward? still for the defense tubbs was pure gold and a man to create reasonable doubt. there simply isn t enough evidence to convict cal harris of murder.
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.