Criminal Justice

Verdict likely in man's fourth murder trial over wife's disappearance, since he nixed the jury

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Twice convicted of murder in his wife’s 2001 disappearance, a wealthy New York businessman got both convictions overturned on appeal. Then, a third trial ended in a deadlocked jury. But the fourth murder trial of Cal Harris, in which opening arguments were made on Thursday, appears likely to go to verdict.

That’s because Harris voluntarily gave up his right to have a jury hear the evidence against him and opted for a bench trial, according to CNN and the Press & Sun Bulletin.

“The case the prosecution has presented over the years is very long on sympathy and very short on evidence,” defense lawyer Bruce Barket tells People magazine. “Cal has not fared well with juries. Courts have repeatedly reversed the conviction for not being fair, for not considering the evidence.”

The body of Michelle Harris was never found; a weapon was never found; and the defense hopes to present evidence about other potential suspects in the presumed homicide.

However, the government is arguing that Cal Harris killed his wife, amidst an ongoing divorce, when she came home in the wee hours on Sept. 11, 2001, then hid her body and the weapon. Prosecutors point to a small amount of blood spatter found in the couple’s home and evidence they say indicates that Cal Harris was not surprised or upset by his wife’s disappearance and knew she was dead.

“We thought we’d just do better with a judge,” Barket tells People.

Related coverage:

48 Hours (CBS News): “Cal Harris: Deadlocked”

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