Husband jailed for '01 murder gets day in court

Associated Press Modified: September 11, 2012 at 6:32 pm •  Published: September 11, 2012

The prosecutor said she had told her boyfriend that evening that she was going home, where she slept in a separate room from her husband.

Calvin Harris was co-owner of several upstate car dealerships. In the pending divorce, his net worth was estimated at about $4 million. His wife could have gotten up to half of the wealth accumulated during the marriage, and prosecutors saw that as a motive.

"There was strong evidence of motive, intent, the threat that he had made to her that was overheard by her hairdresser," Keene said. "There was opportunity. They live out in the middle of nowhere. "

Keene has maintained that some small blood spatters in the kitchen entryway and garage floor supported his theory that Harris hit his wife with a blunt object, imperfectly cleaned up, and buried her somewhere among thousands of acres of woods and trees.

"It was very thin the blood evidence, literally and figuratively," Chief Judge Jonathan Lippman said.

The seven judges are expected to rule next month.

Easton also claimed the trial court made errors including refusing to exclude a juror who admitted having an advance opinion on guilt that might play "a slight part" in her consideration of the evidence, allowing prejudicial hearsay and excluding the statement of another belated witness claiming to have seen Michele Harris the next morning.

A midlevel court split 3-1 in affirming the conviction.