The state Court of Appeals has reversed the murder conviction of Owego businessman Calvin Harris and ordered a new trial, the Press & Sun-Bulletin reports.
In a decision issued Tuesday morning, the judges, in a 5-to-2 ruling, cited concerns about the impartiality of one of the jurors at his second trial in 2009 and the instructions given to the jury prior to testimony that was considered hearsay.
From the article:
Six of the judges on the seven-member court concurred with the decision, while a seventh, Judge Susan P. Read, dissented and voted to dismiss the indictment.
Harris, 51, was convicted in 2007 and again in a 2009 retrial of the murder of his estranged wife, Michele Harris, who prosecutors say disappeared sometime between the night of Sept. 11, 2001, and the morning of Sept. 12, 2001.
Harris appealed after his second conviction, leading to a split decision by a mid-level appellate court in July 2011 and a oral arguments from Harris’ defense attorney and Tioga County District Attorney on Sept. 11 of this year before the state Court of Appeals in Albany.
Here’s the ruling: