Gajonka, one more quick comment from me. I've rarely posted, so not too familiar with things here, especially since the website changes. This jury DID get it right, to the very best of their ability. There was no hope of ever getting a unanimous verdict, and following the letter of the law and the judge's charge to the jury, in reality a "guilty" verdict could never stand. The prosecution's case from the very beginning has been very weak, to say the least. A number of sharp legal minds have agreed to that over the years.
Deceased/Not Found NY - Michele Harris, 35, Owego, 11 Sep 2001
- Thread starter PonderingThings
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Queen Bee
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thank you for the info tripod.......i will say that usually a prosecutor will go by the split when evaluating whether to retry a case, that's my experience anyway.......if the prosecution is aware of the wide split, they may reconsider.......or maybe they think, hey we're in for a penny, in for a pound........we're going for it.......guess we'll have to wait and see.....
would you mind asking your husband if the prosecution talked with them afterwards? are they aware of the wide divide to his knowledge? tia :seeya:
oh and btw i admire your restraint...........i'd have been dying to say something
gajonka
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Thanks, Tripod!!
Okay- so on 48 hours, the maid stated that when she met with Cal at the head of the driveway's entrance - she states that "he immediately remarked about how messy the car was and that he was going to send it to one of his shops for to get cleaned immediately."
Is this incorrect?
Forgive me, your husband has the best perspective as he has seen the evidence, so I can only speculate (smile).
It sounds to me like you believe Cal's story. Who, other than Cal, would have any interest in killing Michele? I can agree with a possible hit, since Cal has demonstrated an ability to pay people off as he did Tubbs, IMO.
The evidence shows he mocked Michele, putting her down for being just an entry level secretary who should be grateful to Cal for giving her this life of wealth, acres of land, cars-plenty of cars-parking lots full!
One witness claimed he jabbed "you were born in tioga springs, and you are going to die in tioga springs."
So we have a disturbing scenario- the poor, meak, secretary decides she will not stand for his adultery, and psychotic tendencies. She proceeds to pursue an amicable split ( divorce=insult#1) until she rejects Cal's "number" the figure he feels is what she will get (offer rebuff= insult#2). She brings in an appraiser to value the properties(insult #3). Finally, beet red, Cal submits. "Sure, okay, tell her to come by and sign the paperwork with the number she wants next week."
This appears to be the scenario that has built up and represents a viable motive for Cal.
Wow- your husband must have experienced a fascinating trial. I agree, 14 years later, the more time this goes, the more likely Cal will walk. You sound too confident that he should remain free, Tripod. Please elucidate and help us see your pov.
Thanks for writing!
Love ya,
'
-G
Dushi
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I have a great deal of reading to do, but I need to post this before I forget
Tioga County District Attorney Gerald Keene told juries in 2007 and 2009 that the evidence shows that between 11 p.m. Sept. 11 and 7 a.m. Sept. 12, Calvin Harris struck the mother of his children as she entered the home and incapacitated her.
As Michele fell to the garage floor, Keene maintained, her husband's attack sent tiny specks of blood around the garage doorway. After allegedly killing her, Calvin Harris allegedly disposed of her body and weapon in the span of less than eight hours.
http://www.pressconnects.com/story/...2014/08/19/cal-harris-what-happened/13998133/
If LE feels she was killed in the house, why was her truck left in the driveway near the road?
Tioga County District Attorney Gerald Keene told juries in 2007 and 2009 that the evidence shows that between 11 p.m. Sept. 11 and 7 a.m. Sept. 12, Calvin Harris struck the mother of his children as she entered the home and incapacitated her.
As Michele fell to the garage floor, Keene maintained, her husband's attack sent tiny specks of blood around the garage doorway. After allegedly killing her, Calvin Harris allegedly disposed of her body and weapon in the span of less than eight hours.
http://www.pressconnects.com/story/...2014/08/19/cal-harris-what-happened/13998133/
If LE feels she was killed in the house, why was her truck left in the driveway near the road?
Dushi
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At about 6 a.m., Waverly resident John Steele also was driving along Hagadorn Hill Road. He and a friend, unsettled by the terrorist attacks, had spent the night driving around and talking about their lives. As his truck passed 381 Hagadorn Hill Road, Steele also saw a truck at the end of the driveway.
"Get in the car, just get in the damn car," Steele thought he heard the man say, listening through the slightly open passenger window of his truck.
Steele died shortly after offering a written account of what he had seen, and his statement was not offered as evidence to either of the two juries that convicted Calvin Harris of murdering his wife.
http://www.pressconnects.com/story/...2014/08/19/cal-harris-what-happened/13998133/
Between 5:30 and 6, Kevin Tubbs, a 23-year-old farmer, was driving his 10-foot-wide hay trailer north on Hagadorn Hill. He drove slowly because his vehicle lacked brakes, and he noticed something unusual.
An SUV was parked at the end of the driveway, and a pickup truck, black or dark blue, was parked behind it, perpendicular to Hagadorn Hill Road.
"Get in the car, just get in the damn car," Steele thought he heard the man say, listening through the slightly open passenger window of his truck.
Steele died shortly after offering a written account of what he had seen, and his statement was not offered as evidence to either of the two juries that convicted Calvin Harris of murdering his wife.
http://www.pressconnects.com/story/...2014/08/19/cal-harris-what-happened/13998133/
Between 5:30 and 6, Kevin Tubbs, a 23-year-old farmer, was driving his 10-foot-wide hay trailer north on Hagadorn Hill. He drove slowly because his vehicle lacked brakes, and he noticed something unusual.
An SUV was parked at the end of the driveway, and a pickup truck, black or dark blue, was parked behind it, perpendicular to Hagadorn Hill Road.
gajonka
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Yay! Dushi!
An honor-always...
Good point... I mean, they should have left the possibility open that he was waiting for her at the driveway entrance... in his vehicle would be too obvious. Perhaps he arranged the garbage cans ( it was a Wednesday) to blocke free access, forcing her to exit the vehicle... then, he pounces from the bushes across the street and uses a tire iron or hammer or something.
There's a lot to be learned from how poorly this case has been managed by the state. Miserable.
An honor-always...
Good point... I mean, they should have left the possibility open that he was waiting for her at the driveway entrance... in his vehicle would be too obvious. Perhaps he arranged the garbage cans ( it was a Wednesday) to blocke free access, forcing her to exit the vehicle... then, he pounces from the bushes across the street and uses a tire iron or hammer or something.
There's a lot to be learned from how poorly this case has been managed by the state. Miserable.
I'm so sorry I haven't been back on WS since my posts! Life got in the way, lol. To answer your question, as far as I know, neither the prosecution or the defense has spoken to any of the jurors. I don't see how they could possibly have known of the split, because even the judge did not ask the jurors that question. I do know the defense attorney, Bruce Barkett, wanted to speak to the jurors immediately afterwards but the judge did not allow it then. Right decision, IMO, because they were all very tired and just wanted to go home.
The prosecutors during the trial contended that Cal Harris moved Michelle's van from the house ( or garage ) down to the end of the driveway after killing her. From my personal point of view, I just have a little trouble with that. Since her keys, cell phone and purse were all in the minivan, it would seem to me that if Michelle did get home as the police and prosecutors have surmised, I'd think she would have taken her purse and cell phone with her when she got out of the vehicle after parking it up by the house or in the garage. Cal would have had to have been thinking very clearly in order to have placed those things back into her van and deciding that parking the van out by the road was the best thing for him to do. If he did kill her, my thought is that he snapped and it wasn't a carefully planned event. If he'd planned ahead of time to murder his wife, wouldn't he have come up with a better plan at least as the placement of her vehicle was concerned?
DexterMorgan
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I thought she had a new boyfriend or met up with someone at the bar. Didnt a neighbor see her arguing with someone on the street.
She could have told them that she is going to get back with her hubby and they killed her.
But that is brazen to have a male in front your house while hubby is home.
That is motive 101.
So idk if hubby did it or not.
She could have told them that she is going to get back with her hubby and they killed her.
But that is brazen to have a male in front your house while hubby is home.
That is motive 101.
So idk if hubby did it or not.
Gajonka, again, sorry it's taken me so long to get back on WS and reply. Sure, everybody can agree that there certainly appeared to be a motive for Cal Harris to dispose of his wife. As the trial judge made clear, though, proving a motive does NOT prove intent. You could say her one boyfriend, who fell in love and wanted to marry her, could also have had motive. Michelle did not feel the same about him as he did her. She was sleeping with more than one man at a time and was not leading a completely upstanding life, shall we say? Cal Harris had a temper, which was not disputed at all during trial. Michelle kept some secrets even from her best friends. There is some valuable missing jewelry. There are other things that jurors never were allowed to hear. What you quoted above was one witness's testimony as to what supposedly Michelle may have told them. From all reports, they loved each other very much in the earlier years and always wanted to be with each other.
My husband and I are pretty much both on the same page at this point. Yes, Cal could have and might have killed Michelle, but there is also a decent chance that he did not. There is more than enough reasonable doubt to go around. The blood evidence is really all the prosecution has, and that evidence did not convince a single juror.
I just wanted to add that there are many things jurors heard and saw that we didn't, too!
My husband and I are pretty much both on the same page at this point. Yes, Cal could have and might have killed Michelle, but there is also a decent chance that he did not. There is more than enough reasonable doubt to go around. The blood evidence is really all the prosecution has, and that evidence did not convince a single juror.
I just wanted to add that there are many things jurors heard and saw that we didn't, too!
As a juror, my husband would agree that the prosecution's case is very weak. He, and I, believe that a 4th trial would also likely end in a deadlocked jury. There's the old saying that "it's better to let a guilty man go free than convict an innocent man." I think both families have been through enough, and that no matter what outcome a 4th trial might have, there will always be a mystery in this case as to what exactly happened to Michelle Harris?
One can say there needs to be justice for Michelle, and that would be ideal, if absolute guilt could ever be known. There was never any evidence that Cal Harris paid off farmer Tubbs, there's the second witness that also saw what Tubbs claims he saw ( the one who died), and Michelle was about to accept Cal's divorce settlement offer and move on. My husband said it appeared that the money settlement would not be a hardship for Cal.
Do I think Cal Harris should remain free? Right now, I'd have to say yes. You know, when I watched the 48 HRS. show, I was fully prepared to view him as the killer, but at show's end, I said to myself, "Hmmmm.. I'm not at all sure he did do it." I had doubt, and that's all a jury needs.
One can say there needs to be justice for Michelle, and that would be ideal, if absolute guilt could ever be known. There was never any evidence that Cal Harris paid off farmer Tubbs, there's the second witness that also saw what Tubbs claims he saw ( the one who died), and Michelle was about to accept Cal's divorce settlement offer and move on. My husband said it appeared that the money settlement would not be a hardship for Cal.
Do I think Cal Harris should remain free? Right now, I'd have to say yes. You know, when I watched the 48 HRS. show, I was fully prepared to view him as the killer, but at show's end, I said to myself, "Hmmmm.. I'm not at all sure he did do it." I had doubt, and that's all a jury needs.
gajonka
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There's no proof of a male being there - clearly a fabrication by the defense - Michele knew how psychotic Cal is - she would never bring one of her boys over there. Recall, Tubbs was not a neighbor, and he was not a witness... until the last second,,, either the day before the trial began or even during proceedings. Cal realized, IMO, that the deck was stacked against him, having hid the ody perfectly, this still would not secure him safety. To keep an edge, he buys Tubbs, who comes up with an incredible story that - is so perfect for Cal, it must be scrutinized. Where was he when the pre-trial, news, and EVERYTHING regarding this story occurred? Why does he show up so late in the process? There's a reason for that...
The charge was second degree murder.
It sounds like Cal's defense team with their "*advertiser censored*-shaming" tactics, was effective with some jurors. But that's why he bought a NYC big league defense attorney.
mothwings
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Greetings all. It is very cool to see a thread about this case started so long ago. After reading all the posts regarding this case especially Gajonka’s, I knew I had to sign for an account and give my two cents.
I know just about everything there is to know about this case and have given it much thought and theory. I am one of those who truly believe the Cal is responsible for Michele no longer being here. It’s a circumstantial case, but that does not make it a weak case. One thing I remember a prosecutor saying is that circumstantial evidence in a case gives you much more assurance of the guilt of the defendant and tells you what drove them to the edge. In a direct evidence case, you may have one eyewitness to tell you they saw it. That means you have one thing to rely on. But in a circumstantial evidence case, especially this one, you have many things to rely on.
First of all, I want to attest as to why the first trial should have never been throw out. The judge who threw out the verdict after listening to Farmer Tubbs miraculously come out of nowhere to save Cal needs to have his head examined. It is clear to mostly everyone Farmer Tubbs was either paid or thought he would be paid. His girlfriend told the prosecutor that Farmer Tubbs told her that if he were to help Cal, he would never work another day in his life. Farmer Tubbs was a neighbor and permanent resident of the very town and neighborhood that Michele Harris disappeared from. He claims for 6 years he never knew anything about the disappearance? This was on the local news everyday for months and the weekly for the next 6 years and on the national news. Her missing poster was all over town. Farmer Tubbs story is a total farce. He didn’t go to the police after his magic realization, he went straight to Cal’s defense team! The day of his sentencing! It’s safe to say, us non-multimillionaires would still be sitting in jail. Total injustice.
The second trial happened and again 12 people were convinced beyond a reasonable doubt that Cal is responsible for her disappearance and that time Cal testified. One of the jurors said he had way too many answers and he was the best witness. Justice was served for 3 years until Cal’s high-pay defense team found two small technicalities in the 2nd trial. IF THERE WERE ATTORNEYS TO FIND THESE TINY TECHNICALITIES IN ALL TRIALS, then all of those defendants would be free! The first two trials rendered the correct verdict. The only reason he got away both times was because he is rich.
As far as the third trial, Tripod, you and your husband may believe that the prosecution’s case was weak and that there was never enough evidence to prove it beyond a reasonable doubt, but you have two remember 24 reasonable people believed there definitely is enough evidence to convince them beyond a reasonable doubt in the first two trials. This time for the third trial, we had Cal’s flippant defense team making frivolous objections minute after minute and asking to approach many times to stop the prosecution from making any case. It slowed down the process and frustrated the jury. An estimated 2 month trial turned into 3 months because of his defense. Bruce Barkett even went so unethically far as to scream to the jury when Michele’s hair dresser testified “HE’S LYING!!!” The judge had to berate him a few times for acting like this.
Also, Tripod There have been HUNDREDS of cases over the years around the nation that have rendered a guilty verdict with the same totality of evidence in the Cal Harris trial. Even the recent Jerice Hunter trial had the same load of circumstantial evidence. We need to especially consider the fact that a lot of evidence allowed in the first two trials were not in the third! A lot of what Cal said to and threats he made was not allowed and Michele’s diary was not allowed. I hear the prosecution is going to fight to have Michele’s diary allowed in the fourth trial. If we can’t convict Cal for the evidence according to people who believe there isn’t enough evidence THEN BY THAT LOGIC getting away with murder would be far too easy. That just does not make sense. The threshold of guilt versus innocence can’t be that low.
Gajanko, I agree with 90% of what you have said and I want to applaud you for your summation. Here’s some points where we may conclude under a different light.
Prosecutor Kirk Martin. I can see where his speech outside the courthouse the day the judge declared the mistrial looked debilitated but for one, I think he was disappointed in how the jury could not reach a decision. Martin had put a lot of work and effort into this case. He lived at the Holiday Inn for over 3 months during the trial. He also was probably sad that he couldn’t get justice for Michele’s family. I can see where he’d be worn out the last day after trying so hard. He also didn’t want to answer many questions because he promises a fourth trial and doesn’t want citizens to make conclusions. He did make his point saying that he will continue to seek justice. More importantly, I don’t think either of us saw his actual performance inside the courtroom. However, I did see some of the points he made through the twitter feed and it does sound like he made some very good points and was very concise when arguing his case to the jury. So I guess at this point I can just say I trust that he is giving his best because I absolutely agree with you that the jury needs to have strong prosecutor to stand behind. Also, what about Gerald Keene? When I saw him interviewed he seemed very quiet and it’s hard to imagine him convincing a jury. Compared to Kirk Martin, wouldn’t you say Kirk is better? Thankfully to him, he promises a fourth trial.
Another area I think we see under a different light is the blood evidence. I definitely believe beyond a reasonable doubt that Michele’s blood got there when Cal struck her with a blunt object just before midnight on September 11th, 2001.
This is what I think happened.
Cal was a control freak to the maximum and a stubborn pampered ill-tempered husband. Michele knew that and feared him. We know that by how she took the guns away from him and from what even Cal’s relatives have said over the years and testified too. She slept with her car keys in her hands. The week before September 11th, everything was out of his control. There was no way he would let Michele take nearly a million from him. As Gajoka said, she started as a secretary in his office. Cal thought she was nobody until he came along and they joined in marriage. Now she was about to leave him. He had nine months to plan and act this out and choose the perfect way to dispose of her body.
The night of September 11th, Michele left Barton, New York after seeing Brian Earley, she got in her car at approximately 11:30 p.m. and drove home, leaving for her residence in Spencer, New York.
Cal was waiting anxiously in the kitchen with the murder weapon staring out the window waiting for a sign of Michele coming home. His children were sound asleep. Everyone was unsettled by the terrorist attacks and he knew if he was going to do this, he was going to do this today. Cal was getting impatient, his heart was racing, “where is she?” he was thinking and all of sudden, just before midnight, car headlights were shining on the trees, it was Michele driving down the quarter-mile driveway. This is it, Cal thought, his sweaty palms gripping the murder weapon. Michele pulled in and got out of the car. She approached the home and when she opened the door to her home, she got the surprise of her life. Or maybe more appropriate, the surprise of her death. Cal struck her with the weapon he knew would be the perfect replacement to a gun as he said he wouldn’t need a gun to kill her. Michele went down on the kitchen floor, her blood spattering on the walls and floor. It wasn’t enough, Cal struck her in the head once more and dropped the murder weapon on the throw rug where it left its stamp found later. Cal picked her up and threw her lifeless body on the garage floor where she bled her last drops of blood.
Cal followed through on his promise. She didn’t drop the the divorce proceedings. As Cal stood over her body in the garage floor, he knew he had to act fast. He couldn’t let the sleeping toddlers see this and they hadn’t woken up. In that moment, he realized what he had done. The woman he loved for years, the woman he shared a life with, the woman he experienced so many moments with, the woman who gave him his children, was just murdered by his own hands. He became nauseous and knew he had to throw up. He went and vomited in the sink, realizing the enormity of what he had just done. The same vomit the police found the day she was reported missing.
From there the blood stops telling what happened but what it told was the most important thing a juror could know, Michele’s death at the hands of her husband.
After this, I believe it’s an entirely possible he had someone help him get rid of the body. After wrapping her body and concealing her well enough, he drove her to the end of the driveway in her own car and met either Tubbs or someone else there who took Michele’s body with them and buried her or disposed of her somewhere far away from Cal’s home. That’s why he acted so calmly. I doubt Cal buried her on their property. Police searched it far too well. After meeting this person at the end of the driveway, he made sure the car was properly staged for its discovery in the morning. Either by wiping it down from his prints and making sure Michele’s keys, phone and purse was inside. Cal did this because he knew the car could not be at the house because if the car was at the house, that meant that Michele had for sure made it home. This way at least there would be a little doubt. Cal then walked back to the house and cleaned up the murder scene until 6:30am to the best of his ability but not good enough. He was probably even able to get a couple hours of sleep before calling the babysitter at 7.
Alternative ending 2: Cal acted alone. After wrapping Michele in trash bags, he put Michele’s body in his own car and drove it to one of his car dealerships to the contraption that controlled the crushing of cars. He put Michele’s body in one of the cars. The next day it was crushed early in the morning. That or Cal drove her somewhere far away and buried her himself.
After disposing he focused on cleaning up the scene. The babysitter testified that the children’s drawing books and such that were always on the kitchen counter near the entrance weren’t there anymore and she never saw them again. That’s because some of Michele’s blood landed on them so Cal got rid of them. Cal cleaned the scene up as best as he could but it wasn’t good enough. I call it divine intervention.
As you can see Gajoka, I do believe the blood evidence was related to Michele’s death. Remember the throw rug. The shape of a heavy round object was found as well as some blood on each side. The circular spot found was from the murder weapon. The other specks of blood found were Michele’s blood spatter. The surface area was very wide and some of it was very high. Something very important is how the blood was found pushed and dried under cracks and crevices meaning it had to be forced under there. The prosecution also called in a blood expert that used a chemical to show wiping motions on the floor. Some of the blood was also diluted.
With all of those details, I don’t see how anyone could not believe the blood is related to Michele’s death.
Eight days after Michele Harris' disappearance, her husband, Cal told his former mistress Connie Gauthier that his wife was not returning. Blood in the house, blood on the throw rug and saving $740,000 in his divorce was not a coincidence and Cal had nine months to plan this and act it out.
All of this does not equal reasonable doubt and none of the 24 jurors before thought so. They all said the evidence was overwhelming.
This is an extremely sad case because Cal took a mother away from the kids she loved and now they side with her killer. The babysitter testified three weeks after Michele disappeared, Cal was getting sick of his kids crying for their mom and he yelled at his four year old “stop it! Your mothers gone and you need to get used to it and stop crying!”
On the first trial, Cal had pictures of his kids in front of him as the verdict was read which was just a ploy for the jury. When the verdict read and Cal shouted “oh god no no no” that was him realizing he was not getting away with Michele’s murder just as Gajoka said.
This is such a shame that this man is free. Recently, he went to Sue Mulvey’s fathers funeral and made a mockery of it, taunting Sue and causing a ruckus. He was escorted off the property. A true sociopath. Anyone else hear this was confirmed as something he did during deliberations? He also harassed a college student during his trial. This doesn’t surprise me because this man is capable of anything but doesn’t anyone else find it odd that he is doing this during his own murder trial? Also, does anyone else find it suspicious a juror was sleeping during closing arguments? Makes me wonder if Cal possibly paid one of them off. You can see Cal’s violent temper with how he lashed out at the judge during closing arguments. This jury should have been sequestered.
The reason he is so close to his kids, is because they are his shield. He uses them time and time again. It is one of the reasons he was more comfortable trying to do this murder, hiding behind his kids. In the 48 Hours interview, he only cries for himself and his own loss of freedom. Me me me and I I I and my children my children my children.
Furthermore, I can’t imagine the pain Michele’s family and friends have suffered going through three trials and now a fourth. Now Cal is free to do what he wants but still has this charge hanging over his head. August 24th, I believe they will set a trial date and this time the jury will get it right.
The defense dragged the victim through the mud a lot. She was not perfect, but she is a victim and deserved to be free from Cal. She will not be at peace until Cal is behind bars.
The statements the defense has come out with about the two men Stacey and Christopher are fake and nothing but a scapegoat they are using to take the attention off their murderer client and lead the jury to reasonable doubt. The judge did not allow it because it lacked all evidentiary quality. There is no reason to believe they had anything to do with it and where are these guys? Do they not know they are being accused of murder in a high-profile trial and in the media? They should sue Cal. Work records prove Stacy was working and could not have done it and Christopher was not even in town. The defense have worked with Tubbs and that other lady to create a diversion. It has no basis in reality.
To conclude this, I totally believe their should be a 4th trial. Michele was a daughter, sister, friend, cousin, aunt and niece to many people and she deserves for her killer to be brought to justice permanently. Tripod, if this was your friend or sister, I know that Cal being free would be a torment to you and you would want a fourth trial. Please know I’m not being combative, just dissenting assertively.
To accept the belief Cal had nothing to do with this, you’d have to believe all of Michele’s family and friends are in a conspiracy against Cal. There is no conspiracy. They know the one person Michele was afraid of killed her. The only reason she wouldn’t leave the house is because she would have to leave her children and Michele was far too of a dedicated and loving mother to leave her children.
I know just about everything there is to know about this case and have given it much thought and theory. I am one of those who truly believe the Cal is responsible for Michele no longer being here. It’s a circumstantial case, but that does not make it a weak case. One thing I remember a prosecutor saying is that circumstantial evidence in a case gives you much more assurance of the guilt of the defendant and tells you what drove them to the edge. In a direct evidence case, you may have one eyewitness to tell you they saw it. That means you have one thing to rely on. But in a circumstantial evidence case, especially this one, you have many things to rely on.
First of all, I want to attest as to why the first trial should have never been throw out. The judge who threw out the verdict after listening to Farmer Tubbs miraculously come out of nowhere to save Cal needs to have his head examined. It is clear to mostly everyone Farmer Tubbs was either paid or thought he would be paid. His girlfriend told the prosecutor that Farmer Tubbs told her that if he were to help Cal, he would never work another day in his life. Farmer Tubbs was a neighbor and permanent resident of the very town and neighborhood that Michele Harris disappeared from. He claims for 6 years he never knew anything about the disappearance? This was on the local news everyday for months and the weekly for the next 6 years and on the national news. Her missing poster was all over town. Farmer Tubbs story is a total farce. He didn’t go to the police after his magic realization, he went straight to Cal’s defense team! The day of his sentencing! It’s safe to say, us non-multimillionaires would still be sitting in jail. Total injustice.
The second trial happened and again 12 people were convinced beyond a reasonable doubt that Cal is responsible for her disappearance and that time Cal testified. One of the jurors said he had way too many answers and he was the best witness. Justice was served for 3 years until Cal’s high-pay defense team found two small technicalities in the 2nd trial. IF THERE WERE ATTORNEYS TO FIND THESE TINY TECHNICALITIES IN ALL TRIALS, then all of those defendants would be free! The first two trials rendered the correct verdict. The only reason he got away both times was because he is rich.
As far as the third trial, Tripod, you and your husband may believe that the prosecution’s case was weak and that there was never enough evidence to prove it beyond a reasonable doubt, but you have two remember 24 reasonable people believed there definitely is enough evidence to convince them beyond a reasonable doubt in the first two trials. This time for the third trial, we had Cal’s flippant defense team making frivolous objections minute after minute and asking to approach many times to stop the prosecution from making any case. It slowed down the process and frustrated the jury. An estimated 2 month trial turned into 3 months because of his defense. Bruce Barkett even went so unethically far as to scream to the jury when Michele’s hair dresser testified “HE’S LYING!!!” The judge had to berate him a few times for acting like this.
Also, Tripod There have been HUNDREDS of cases over the years around the nation that have rendered a guilty verdict with the same totality of evidence in the Cal Harris trial. Even the recent Jerice Hunter trial had the same load of circumstantial evidence. We need to especially consider the fact that a lot of evidence allowed in the first two trials were not in the third! A lot of what Cal said to and threats he made was not allowed and Michele’s diary was not allowed. I hear the prosecution is going to fight to have Michele’s diary allowed in the fourth trial. If we can’t convict Cal for the evidence according to people who believe there isn’t enough evidence THEN BY THAT LOGIC getting away with murder would be far too easy. That just does not make sense. The threshold of guilt versus innocence can’t be that low.
Gajanko, I agree with 90% of what you have said and I want to applaud you for your summation. Here’s some points where we may conclude under a different light.
Prosecutor Kirk Martin. I can see where his speech outside the courthouse the day the judge declared the mistrial looked debilitated but for one, I think he was disappointed in how the jury could not reach a decision. Martin had put a lot of work and effort into this case. He lived at the Holiday Inn for over 3 months during the trial. He also was probably sad that he couldn’t get justice for Michele’s family. I can see where he’d be worn out the last day after trying so hard. He also didn’t want to answer many questions because he promises a fourth trial and doesn’t want citizens to make conclusions. He did make his point saying that he will continue to seek justice. More importantly, I don’t think either of us saw his actual performance inside the courtroom. However, I did see some of the points he made through the twitter feed and it does sound like he made some very good points and was very concise when arguing his case to the jury. So I guess at this point I can just say I trust that he is giving his best because I absolutely agree with you that the jury needs to have strong prosecutor to stand behind. Also, what about Gerald Keene? When I saw him interviewed he seemed very quiet and it’s hard to imagine him convincing a jury. Compared to Kirk Martin, wouldn’t you say Kirk is better? Thankfully to him, he promises a fourth trial.
Another area I think we see under a different light is the blood evidence. I definitely believe beyond a reasonable doubt that Michele’s blood got there when Cal struck her with a blunt object just before midnight on September 11th, 2001.
This is what I think happened.
Cal was a control freak to the maximum and a stubborn pampered ill-tempered husband. Michele knew that and feared him. We know that by how she took the guns away from him and from what even Cal’s relatives have said over the years and testified too. She slept with her car keys in her hands. The week before September 11th, everything was out of his control. There was no way he would let Michele take nearly a million from him. As Gajoka said, she started as a secretary in his office. Cal thought she was nobody until he came along and they joined in marriage. Now she was about to leave him. He had nine months to plan and act this out and choose the perfect way to dispose of her body.
The night of September 11th, Michele left Barton, New York after seeing Brian Earley, she got in her car at approximately 11:30 p.m. and drove home, leaving for her residence in Spencer, New York.
Cal was waiting anxiously in the kitchen with the murder weapon staring out the window waiting for a sign of Michele coming home. His children were sound asleep. Everyone was unsettled by the terrorist attacks and he knew if he was going to do this, he was going to do this today. Cal was getting impatient, his heart was racing, “where is she?” he was thinking and all of sudden, just before midnight, car headlights were shining on the trees, it was Michele driving down the quarter-mile driveway. This is it, Cal thought, his sweaty palms gripping the murder weapon. Michele pulled in and got out of the car. She approached the home and when she opened the door to her home, she got the surprise of her life. Or maybe more appropriate, the surprise of her death. Cal struck her with the weapon he knew would be the perfect replacement to a gun as he said he wouldn’t need a gun to kill her. Michele went down on the kitchen floor, her blood spattering on the walls and floor. It wasn’t enough, Cal struck her in the head once more and dropped the murder weapon on the throw rug where it left its stamp found later. Cal picked her up and threw her lifeless body on the garage floor where she bled her last drops of blood.
Cal followed through on his promise. She didn’t drop the the divorce proceedings. As Cal stood over her body in the garage floor, he knew he had to act fast. He couldn’t let the sleeping toddlers see this and they hadn’t woken up. In that moment, he realized what he had done. The woman he loved for years, the woman he shared a life with, the woman he experienced so many moments with, the woman who gave him his children, was just murdered by his own hands. He became nauseous and knew he had to throw up. He went and vomited in the sink, realizing the enormity of what he had just done. The same vomit the police found the day she was reported missing.
From there the blood stops telling what happened but what it told was the most important thing a juror could know, Michele’s death at the hands of her husband.
After this, I believe it’s an entirely possible he had someone help him get rid of the body. After wrapping her body and concealing her well enough, he drove her to the end of the driveway in her own car and met either Tubbs or someone else there who took Michele’s body with them and buried her or disposed of her somewhere far away from Cal’s home. That’s why he acted so calmly. I doubt Cal buried her on their property. Police searched it far too well. After meeting this person at the end of the driveway, he made sure the car was properly staged for its discovery in the morning. Either by wiping it down from his prints and making sure Michele’s keys, phone and purse was inside. Cal did this because he knew the car could not be at the house because if the car was at the house, that meant that Michele had for sure made it home. This way at least there would be a little doubt. Cal then walked back to the house and cleaned up the murder scene until 6:30am to the best of his ability but not good enough. He was probably even able to get a couple hours of sleep before calling the babysitter at 7.
Alternative ending 2: Cal acted alone. After wrapping Michele in trash bags, he put Michele’s body in his own car and drove it to one of his car dealerships to the contraption that controlled the crushing of cars. He put Michele’s body in one of the cars. The next day it was crushed early in the morning. That or Cal drove her somewhere far away and buried her himself.
After disposing he focused on cleaning up the scene. The babysitter testified that the children’s drawing books and such that were always on the kitchen counter near the entrance weren’t there anymore and she never saw them again. That’s because some of Michele’s blood landed on them so Cal got rid of them. Cal cleaned the scene up as best as he could but it wasn’t good enough. I call it divine intervention.
As you can see Gajoka, I do believe the blood evidence was related to Michele’s death. Remember the throw rug. The shape of a heavy round object was found as well as some blood on each side. The circular spot found was from the murder weapon. The other specks of blood found were Michele’s blood spatter. The surface area was very wide and some of it was very high. Something very important is how the blood was found pushed and dried under cracks and crevices meaning it had to be forced under there. The prosecution also called in a blood expert that used a chemical to show wiping motions on the floor. Some of the blood was also diluted.
With all of those details, I don’t see how anyone could not believe the blood is related to Michele’s death.
Eight days after Michele Harris' disappearance, her husband, Cal told his former mistress Connie Gauthier that his wife was not returning. Blood in the house, blood on the throw rug and saving $740,000 in his divorce was not a coincidence and Cal had nine months to plan this and act it out.
All of this does not equal reasonable doubt and none of the 24 jurors before thought so. They all said the evidence was overwhelming.
This is an extremely sad case because Cal took a mother away from the kids she loved and now they side with her killer. The babysitter testified three weeks after Michele disappeared, Cal was getting sick of his kids crying for their mom and he yelled at his four year old “stop it! Your mothers gone and you need to get used to it and stop crying!”
On the first trial, Cal had pictures of his kids in front of him as the verdict was read which was just a ploy for the jury. When the verdict read and Cal shouted “oh god no no no” that was him realizing he was not getting away with Michele’s murder just as Gajoka said.
This is such a shame that this man is free. Recently, he went to Sue Mulvey’s fathers funeral and made a mockery of it, taunting Sue and causing a ruckus. He was escorted off the property. A true sociopath. Anyone else hear this was confirmed as something he did during deliberations? He also harassed a college student during his trial. This doesn’t surprise me because this man is capable of anything but doesn’t anyone else find it odd that he is doing this during his own murder trial? Also, does anyone else find it suspicious a juror was sleeping during closing arguments? Makes me wonder if Cal possibly paid one of them off. You can see Cal’s violent temper with how he lashed out at the judge during closing arguments. This jury should have been sequestered.
The reason he is so close to his kids, is because they are his shield. He uses them time and time again. It is one of the reasons he was more comfortable trying to do this murder, hiding behind his kids. In the 48 Hours interview, he only cries for himself and his own loss of freedom. Me me me and I I I and my children my children my children.
Furthermore, I can’t imagine the pain Michele’s family and friends have suffered going through three trials and now a fourth. Now Cal is free to do what he wants but still has this charge hanging over his head. August 24th, I believe they will set a trial date and this time the jury will get it right.
The defense dragged the victim through the mud a lot. She was not perfect, but she is a victim and deserved to be free from Cal. She will not be at peace until Cal is behind bars.
The statements the defense has come out with about the two men Stacey and Christopher are fake and nothing but a scapegoat they are using to take the attention off their murderer client and lead the jury to reasonable doubt. The judge did not allow it because it lacked all evidentiary quality. There is no reason to believe they had anything to do with it and where are these guys? Do they not know they are being accused of murder in a high-profile trial and in the media? They should sue Cal. Work records prove Stacy was working and could not have done it and Christopher was not even in town. The defense have worked with Tubbs and that other lady to create a diversion. It has no basis in reality.
To conclude this, I totally believe their should be a 4th trial. Michele was a daughter, sister, friend, cousin, aunt and niece to many people and she deserves for her killer to be brought to justice permanently. Tripod, if this was your friend or sister, I know that Cal being free would be a torment to you and you would want a fourth trial. Please know I’m not being combative, just dissenting assertively.
To accept the belief Cal had nothing to do with this, you’d have to believe all of Michele’s family and friends are in a conspiracy against Cal. There is no conspiracy. They know the one person Michele was afraid of killed her. The only reason she wouldn’t leave the house is because she would have to leave her children and Michele was far too of a dedicated and loving mother to leave her children.
GGE
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@mothwings - please clear your message box, I can't get thru to you.
Excellent post BTW. He sure better have a fourth trial.
In the meantime though he's going to court for harassment.
http://www.wbng.com/news/local/Cal-Harris-pleads-not-guilty-to-harassment-charge-311504571.html
"On March 5, Owego Police received a complaint from a SUNY Broome student who attended a class at the Tioga County Administrative building. According to the report filed by police, the student said a conversation about Cal Harris' murder trial came up during the class.
The student said out loud that "he thought Harris would get off," according to the report. Court documents obtained by Action News identify that student as Thomas Zikuski. A local law enforcement source confirmed Thomas Zikuski is the brother of Binghamton Police Chief Joseph Zikuski.
According to the original police report, one of Harris’ daughters was in the class and identified herself after Zikuski made the comment. The teacher then changed the subject.
The report said after the class, at around 5:40 p.m. on March 5, Cal Harris arrived and shouted profanities, threatened and brushed up against Zikuski several times in an attempt to start a fight in the parking lot outside the building where the class was being held.
Harris’ next court date is scheduled for Aug. 27."
Excellent post BTW. He sure better have a fourth trial.
In the meantime though he's going to court for harassment.
http://www.wbng.com/news/local/Cal-Harris-pleads-not-guilty-to-harassment-charge-311504571.html
"On March 5, Owego Police received a complaint from a SUNY Broome student who attended a class at the Tioga County Administrative building. According to the report filed by police, the student said a conversation about Cal Harris' murder trial came up during the class.
The student said out loud that "he thought Harris would get off," according to the report. Court documents obtained by Action News identify that student as Thomas Zikuski. A local law enforcement source confirmed Thomas Zikuski is the brother of Binghamton Police Chief Joseph Zikuski.
According to the original police report, one of Harris’ daughters was in the class and identified herself after Zikuski made the comment. The teacher then changed the subject.
The report said after the class, at around 5:40 p.m. on March 5, Cal Harris arrived and shouted profanities, threatened and brushed up against Zikuski several times in an attempt to start a fight in the parking lot outside the building where the class was being held.
Harris’ next court date is scheduled for Aug. 27."
GGE
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@mothwings - I do have to clarify that although I totally agree with your assessment of Farmer Tubbs, I also didn't know about this case until Cal's second trial and I live here. The events of September 11th was all we saw on tv, and since I do not get the Press & Sun Bulletin (our local paper - yes I"m local to this case, Harris was the lacrosse coach at my boys' school prior to this) I never knew about this at all. This is a very small town, one of our 2 local news stations doesn't even own a mobile vehicle to go to local stories with... it is completely possible to have not known about this for years.
I still have never once seen a missing poster of her posted anyplace whatsoever, so I'm curious as to your comment that her missing posters were posted all over town. I would have to respectfully disagree. (ETA - can anyone find one online either, that isn't a photo of a poster that's impossible to read? There doesn't seem to be anything out there. If he didn't kill her why isn't he looking for her? Why doesn't he cry that his beloved wife is missing? Why isn't he looking for THE REAL KILLER (shades of OJ)? I really want a missing poster now but can't find one. That is bizarre.)
But that being said, we still all "know" what happened (okay well, we all speculate to the same conclusion). We don't have millionaires here. We have people on social serviecs, and people who work to make ends meet, and people who work to make ends meet plus a bit extra. We do not HAVE people with money like the Harris' here though, with very few exceptions. This is a farming area, large numbers of people hold GEDs as opposed to anything more, jobs are mostly limited to fast food and manual labor around here (people with more education tend to move on sooner or later, usually sooner)... so money really is powerful here IMO. Like anywhere but you know. Just painting a picture.
Just wanted to make that point though. Crazy as it sounds it WAS possible he didn't know about this til later. vBut I don't think that changes anything. JMO
I still have never once seen a missing poster of her posted anyplace whatsoever, so I'm curious as to your comment that her missing posters were posted all over town. I would have to respectfully disagree. (ETA - can anyone find one online either, that isn't a photo of a poster that's impossible to read? There doesn't seem to be anything out there. If he didn't kill her why isn't he looking for her? Why doesn't he cry that his beloved wife is missing? Why isn't he looking for THE REAL KILLER (shades of OJ)? I really want a missing poster now but can't find one. That is bizarre.)
But that being said, we still all "know" what happened (okay well, we all speculate to the same conclusion). We don't have millionaires here. We have people on social serviecs, and people who work to make ends meet, and people who work to make ends meet plus a bit extra. We do not HAVE people with money like the Harris' here though, with very few exceptions. This is a farming area, large numbers of people hold GEDs as opposed to anything more, jobs are mostly limited to fast food and manual labor around here (people with more education tend to move on sooner or later, usually sooner)... so money really is powerful here IMO. Like anywhere but you know. Just painting a picture.
Just wanted to make that point though. Crazy as it sounds it WAS possible he didn't know about this til later. vBut I don't think that changes anything. JMO
GGE
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And, why do you think he removed her from their huge sprawling expanse of wooded property with private lake, called Empire Lake? Why do you think he has always refused to have that Lake drained to be searched for her?
I know why *I* think that is.
But yes the local RUMOR has always been, since day one, even throughout the schools where my children came home with the "information" back then, has always been (AGAIN THIS IS RUMOR ONLY) that yes, he did take it to Weitsman's and have it crushed. One Weitsman's location is right across the street and down a block or so from Kevin's Royal Automotive (one of the Harris owned car businesses). Ben Weitsman and Son's scrap metal business is the other millionaire family in town.
https://www.google.com/maps/dir/Kev...711312348d7d915!2m2!1d-76.2698147!2d42.100013
If anyone ever wants any photos of PUBLIC locations pertinent to this case just say the word.
I know why *I* think that is.
But yes the local RUMOR has always been, since day one, even throughout the schools where my children came home with the "information" back then, has always been (AGAIN THIS IS RUMOR ONLY) that yes, he did take it to Weitsman's and have it crushed. One Weitsman's location is right across the street and down a block or so from Kevin's Royal Automotive (one of the Harris owned car businesses). Ben Weitsman and Son's scrap metal business is the other millionaire family in town.
https://www.google.com/maps/dir/Kev...711312348d7d915!2m2!1d-76.2698147!2d42.100013
If anyone ever wants any photos of PUBLIC locations pertinent to this case just say the word.