Unsolved case · 2001
Also known as disappearance of Michele Harris · Michele Anne Harris's disappearance
Michele Ann HarrisCredit: Appears to have been extracted from a family photo ca. 2000; this one taken from New…Editorial useSourceThe short answer
Michele Anne Harris, a 35-year-old mother of four from Spencer, New York, vanished after leaving a boyfriend's apartment late on September 11, 2001. Her estranged husband, Cal Harris, was tried four times over the following decade — convicted twice, then acquitted at a 2016 bench trial after his convictions were overturned on appeal. Her body has never been found.
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Michele Anne Harris (born September 29, 1965) of Spencer, New York, was last known to be seen on the night of September 11, 2001. After finishing a waitressing shift at Lefty's restaurant in Waverly, New York, she shared drinks in the parking lot with coworker Michael Kasper, then drove to Smithboro to see Brian Earley, a man she had been dating. She left Earley's apartment sometime between 11:00 and 11:30 p.m. No one has reported seeing her since. The next morning her minivan was found parked on the road near the home she shared with her estranged husband, Cal Harris, and their four children; the keys were still in the ignition.
The investigation was hampered because many state troopers, dogs, aviation units and forensic experts normally available in Tioga County had been sent to New York City in the aftermath of the September 11 terrorist attacks the day before. Investigators searched the Harris property and nearby Empire Lake without finding a body. Cal Harris and Michele's other associates, including Kasper and Earley, were questioned; Kasper and Earley passed polygraph examinations and were cleared as suspects. Suspicion centered on Cal Harris, who stood to lose a substantial portion of his family's fortune in the couple's pending divorce settlement. Investigators found what presumptive testing identified as human blood spatter in the garage, foyer and kitchen of the home, some of which appeared to have been diluted or cleaned up. Witnesses, including Michele's sisters and her hairdresser, testified that Cal had made threats to kill her and dispose of her body in the months before she disappeared. Cal was also reported to have dated other women and sold Michele's belongings in the weeks after her disappearance.
The case went cold for several years before a Tioga County grand jury indicted Cal Harris on one count of second-degree murder in September 2005. An initial indictment was later dismissed on procedural grounds, and a second indictment led to a first trial in 2007, resulting in a conviction. That verdict was set aside after a witness, farmhand Kevin Tubbs, came forward the day after the verdict claiming to have seen Michele arguing with an unidentified man near the Harris driveway on the morning of September 12, 2001 — a claim at odds with the prosecution's timeline. A second man, John Steele, made a similar claim before his death in 2008; his account was ultimately ruled inadmissible hearsay.
A second trial, held in 2009 with Tubbs testifying for the defense, again resulted in a conviction, and Cal Harris was sentenced to 25 years to life. The New York Court of Appeals later reversed this conviction on procedural grounds relating to jury selection and evidentiary instructions, even as it agreed the evidence had been sufficient to support the jury's verdict. A third trial, held after a change of venue, ended in a deadlocked jury and mistrial. A fourth trial, held as a bench trial without a jury, resulted in Cal Harris's acquittal in 2016.
Cal Harris has maintained his innocence and has filed lawsuits against state police and the Tioga County District Attorney's office for malicious prosecution. He was arrested again in 2017 on allegations of stalking one of the investigators. Michele's family and friends continue to believe in his responsibility for her disappearance and have continued to search for further evidence, even though he cannot be retried. Michele Anne Harris's body has never been found.
Cal Harris and Michele Anne Taylor marry and settle on a family estate outside Spencer, New York.
Michele discovers Cal's affair with a coworker; the marriage begins to fail.
Michele Harris files for divorce.
Michele finishes her shift at Lefty's, shares drinks with coworker Michael Kasper, then visits boyfriend Brian Earley in Smithboro; she is last seen leaving his apartment between 11:00 and 11:30 p.m.
Michele's minivan is found parked near the Harris driveway with keys in the ignition; she is reported missing to New York State Police.
State police forensic investigator finds apparent blood spatter in the Harris garage, foyer and kitchen; the house is treated as a crime scene.
Investigators re-interview hairdresser Jerome Wilczynski, who discloses a threat Cal made against Michele that he had not previously reported.
A Tioga County grand jury indicts Cal Harris on one count of second-degree murder; he is arrested at his car dealership.
Judge Bernard E. Smith dismisses the original indictment on procedural grounds.
First trial (following re-indictment) ends with a guilty verdict against Cal Harris.
Farmhand Kevin Tubbs comes forward claiming to have seen Michele arguing with an unidentified man on the morning of September 12, 2001; the verdict is later set aside.
Second trial begins in Chemung County Court.
Cal Harris is convicted a second time and sentenced to 25 years to life in prison.
The Appellate Division, Third Department, upholds the conviction in a divided decision.
The New York Court of Appeals hears oral arguments on the 11th anniversary of Michele's disappearance.
The Court of Appeals reverses the conviction on procedural grounds and orders a new trial.
Following a deadlocked jury in a third trial, a fourth trial held as a bench trial results in Cal Harris's acquittal.
Cal Harris is arrested again, allegedly for stalking one of the investigators in the case.
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