Third Cal Harris Trial Ends in Mistrial
By Fox 40 Staff.
A third trial resulting in a mistrial for Cal Harris. After 52 hours of deliberation jurors remained deadlocked forcing Judge George Bartlett to declare a hung jury. Harris is the town of Spencer man charged with the death of his wife Michele who disappeared in September 2001.
Cal Harris has been twice convicted in two previous trials but both of those convictions were over turned now a third jury says they are unable to reach a unanimous verdict and and answer the question is Harris responsible for his wife's death.
Throughout all three trials Harris has maintained his innocence. During this trial defense team has argued that prosecutors zeroed in on cal from the beginning of their investigation and failed to look at other potential suspects.
But District attorney Kirk Martin told jurors that they investigation centered around Cal because he's the only person with the motive to kill Michele.
Prosecutors argue that Cal's fear of losing control as well as his family legacy and children in the pairs impending divorce drove him to kill Michele in Hariss home on September 11th 2001.
Jurors had spent 52 hours deliberation over 11 days and in that time they informed the court that they were deadlocked three times.
The firs two Judge Bartlett Allen charged them asking that they continue deliberations with open minds trying to reach a verdict. But after receiving word that they were deadlocked for the third time he allowed them to be discharged and declared this a mistrial.
Defense attorney Bruce Barket did motion for the case to be dismissed but Judge Bartlett denied that request. Barket says that three trials is enough and that before there is a 4th trial there should be an investigation into other potential suspects.
District attorney Kirk Martin says that he will continue to seek justice and look toward scheduling a 4th trial at the soonest possible date.
Cal will remain out on bail and the court will reconvene in August to discuss how to proceed with this case But attorneys have said that if there were to be a 4th trial it would happen in Schoharie.