Trial could be moved; jury selection begins

By The Associated Press

Tuesday, May 22, 2007 11:55 AM EDT

OWEGO - Court officials have summoned three times as many potential jurors as normal for the trial of a wealthy Southern Tier businessman accused of killing his wife in 2001.
Calvin Harris, 45, was accused of second-degree murder in the Sept. 11, 2001, disappearance of his estranged wife, Michele, who was 35 when she vanished. Harris was not indicted on the murder charge until September 2005, more than four years after Michele Harris was last seen.

Her body has never been found.

Jury selection began Monday in Tioga County Court for the trial of Harris with 450 people called as prospective jurors, said JoAnn Peet, the chief court clerk.

About 120 people reported to the courthouse Monday morning and by midday half had been sent home because they had heard or read something about the Harris case and already formed an opinion, or because they knew some of the 80 witnesses who could be called to testify during the trial.

Peet said jury summonses were sent to about three times the typical number called for a felony-level trial. However, attorneys are uncertain whether even with that many people they will be able to select an unbiased jury for the high-profile case. Lawyers will pick 12 jurors and four alternates for the trial, which is expected to last three to four weeks.

Not only has there been more than five years of pretrial publicity, but Harris is a member of a longtime Tioga County family with multiple businesses in the region.

Broome County Judge Martin Smith has told attorneys that they may apply to move the trial to another county but only after jury selection begins this week, and only if it appears the pool is tainted beyond remedy.

It's rare that a change of venue request is granted. And the decision on whether to change a trial's venue, if requested, could take appeals justices between 10 days and two weeks to decide.

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