Calvin Harris hearing postponed until January
Calvin Harris, the Tioga County businessman that has been convicted twice of murdering his wife, Michele Harris, was expected to return to court Friday to begin the process of a third trial. Calvin Harris' second conviction was overturned by the State Court of Appeals, and a new trial scheduled. That trial is now being postponed.
Last October, Calvin Harris was granted an extension of his bail and Judge James Hayden set Friday Dec. 7, 2012 as the next date for a scheduling conference. At the time, District Attorney Gerald Keene was running for Tioga County judge, and Hayden wanted the outcome of that election to be resolved before moving forward with a third trial.
Keene won the election, and subsequently a different attorney from his office will prosecute the case. Currently, there are three candidates - Kirk Martin, Adam Schumacher and Irene Graven, running in Tuesday's Republican Primary to fill the Tioga County District Attorney's position. The winning Republican candidate will run against Democrat Fred Luther, a Valley attorney, in November's general election.
Harris was granted a third trial after the State Court of Appeals overturned his conviction.
The State Court of Appeals said the previous judge was wrong to allow a prejudiced juror to serve, and in allowing hearsay testimony. The decision also strongly recommended a change in venue for the third trial.
It was unknown, at the time of this report, why Friday's procedure was adjourned. According to Calvin Harris' attorney, William Easton, a motion for a change in venue has been filed. The conference will now take place in January.