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Jurors Hear Limited Testimony on Alternate Theory in Harris Trial

By Beth Rousseau.
Jurors hear limited testimony today about Stacy Stewart, the Man Cal Harris' defense team argues is responsible for the death of Michele Harris. This is the third trial for the Town of Spencer man who is charged with second degree murder for the death of his wife who disappeared in September 2001.

The defense called Kevin Tubbs to the stand once again today so that he could identify the man he saw in the Harris drive way on the morning of September 12th 2001.

Tubbs is the Tioga county farmer who believes he saw Michele at the end of the Harris driveway on the morning of September 12th 2001 after the time prosecutors allege she had been killed.

According to Tubbs there was a dark haired man with her at the time who he later identified as Stacy Stewart.

Now, Stewart is someone the defense argues was sleeping with Michele at the time of her disappearance and who they say was involved in her death.

Whether or not Tubbs would be able to testify to his recognition of Stewart in front of jurors has been a source of conflict in the court room over the last few days.

Ultimately Judge George Bartlett allowed Tubbs to identify Stewart but that is the only testimony regarding Stewart the judge allowed saying that anything more conflicts with his prior ruling against 3rd party culpability.

Stacy Stewart's ex girlfriend Julie Brinkman, who feels that he played a role in Michele's disappearance also took the stand today.

Brinkman says that during a conversation with Stewart earlier this year he said he was the last person to be seen with Michele alive but Brinkman was not allowed to testify to this in front of jurors. Because this also conflicts with the judge's ruling on 3rd party culpability

Instead the only thing Brinkman was allowed to testify to on the stand was the identity of Stacy Stewart from a photo.

Defense attorney Bruce Barket says that limiting testimony on Stacy Stewart is a complete injustice.

Barket says: "if we can prove that Stacy Stewart admitted that he was the last person to see her alive and we can prove that Stacy stewart bragged about knowing how to hide a body hen that's powerful evidence that Stewart was involved and cal was not."

In the courtroom district attorney Kirk Martin and prosecutor Paul Clyne argue that all of the testimony regarding Stewart is either hearsay or based on speculation.

Testimony will enter week number 11 on Monday and the defense is expected to finish laying out its case.