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Cal Harris Trial: Jurors Hear from Key Witness for Defense, Kevin Tubbs

Did a Tioga County farmer see Michele Harris on the morning of September 12th, 2001 after the time the state argues she was killed?

This is the questions jurors are faced with as testimony in the trial of Cal Harris enters week ten. This is the Spencer man's third trial for the disappearance of his wife Michele back in 2001. No body or murder weapon has ever been found.

Kevin Tubbs says he saw a woman he believes was Michele Harris at the end of the Harris driveway at approximately 6 am on the morning of September 12th, well after the time prosecutors allege she was killed by her husband Cal.

Tubbs testified today that there was also a dark haired man standing in the driveway along with a dark colored truck and a van or SUV.

Tubbs says that he tried to contact Cal with the information in 2004 after seeing a missing persons poster for Michele but was unsuccessful.

It wasn't until 2007 after reading a newspaper article about Cal's trial that he contacted Cal's former defense attorney Joe Cawley about the alleged sighting.

Legal arguments consumed a large portion of the day as the defense argued that Tubbs should be allowed to name Stacy Stewart as the man he saw in the driveway that morning.

Stewart is the man who the defense says Michele was sleeping with at the time of her disappearance and is actually responsible for her death.

District attorney Kirk Martin said that Tubbs identification of Stewart would be based on speculation.

Ultimately Judge Bartlett ruled that Tubbs would not be allowed to name Stacy Stewart as saying that it conflicts with his prior ruling regarding 3rd party culpability.