OWEGO — An appeals court has refused to move the trial of a millionaire upstate New York businessman facing a second trial in the slaying of his missing wife.
Calvin Harris is scheduled to go on trial Feb. 17 in Tioga County Court.
The 47-year-old Harris is charged with second-degree murder in the death of his 35-year-old estranged wife, Michele Harris, in September 2001.
Harris’ lawyers had asked the appeals court to move the trial to Albany or another county, claiming the local county jury pool has been tainted by local and national media coverage.
Appellate Division judges from the Third Judicial Department in Albany denied the request Monday without explanation.
Defense attorney William Easton will have the option to file another motion for change of venue if a jury can’t be picked because of prejudices.
Tioga County District Attorney Gerald Keene, wants the second trial to remain in his county’s court, where the first trial was held.
He said media coverage was favorable to Harris, and selecting an untainted jury for a second time is possible.
Judge Martin Smith set aside the conviction last November after Kevin Tubbs, a Candor farmer, came forward and testified after the trial that he saw Michele Harris with another man hours after the prosecutor said Harris killed her.
Another possible addition at a new trial is a sworn statement from another man who claimed to have seen a man and woman arguing near the Harris driveway at about the same time Tubbs’ saw them.
The new witness, 63-year-old John Steele of Waverly, died in October, before he could testify at trial.
Smith has yet to make a ruling on allowing Steele’s statement into evidence.
Harris, who owns a string of car dealerships, was convicted of killing his wife while their four young children were asleep upstairs in their town of Spencer home.
Harris was not indicted until September 2005.
His wife’s body has never been found.
Calvin and Michele Harris were involved in a bitter divorce and both had affairs, witnesses said.
During the trial, Harris was portrayed as a controlling husband who killed his 35-year-old wife to avoid paying her large sums in a divorce settlement.
Harris has been free on $500,000 bail since Smith set aside the conviction.
The 47-year-old Harris is charged with second-degree murder in the death of his 35-year-old estranged wife, Michele Harris, in September 2001.
Harris’ lawyers had asked the appeals court to move the trial to Albany or another county, claiming the local county jury pool has been tainted by local and national media coverage.
Appellate Division judges from the Third Judicial Department in Albany denied the request Monday without explanation.
Defense attorney William Easton will have the option to file another motion for change of venue if a jury can’t be picked because of prejudices.
Tioga County District Attorney Gerald Keene, wants the second trial to remain in his county’s court, where the first trial was held.
He said media coverage was favorable to Harris, and selecting an untainted jury for a second time is possible.
Judge Martin Smith set aside the conviction last November after Kevin Tubbs, a Candor farmer, came forward and testified after the trial that he saw Michele Harris with another man hours after the prosecutor said Harris killed her.
Another possible addition at a new trial is a sworn statement from another man who claimed to have seen a man and woman arguing near the Harris driveway at about the same time Tubbs’ saw them.
The new witness, 63-year-old John Steele of Waverly, died in October, before he could testify at trial.
Smith has yet to make a ruling on allowing Steele’s statement into evidence.
Harris, who owns a string of car dealerships, was convicted of killing his wife while their four young children were asleep upstairs in their town of Spencer home.
Harris was not indicted until September 2005.
His wife’s body has never been found.
Calvin and Michele Harris were involved in a bitter divorce and both had affairs, witnesses said.
During the trial, Harris was portrayed as a controlling husband who killed his 35-year-old wife to avoid paying her large sums in a divorce settlement.
Harris has been free on $500,000 bail since Smith set aside the conviction.
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