FRANKLYWNOW - Defense Dealt Blow in Cal Harris Trial

Defense Dealt Blow in Cal Harris Trial

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By Beth Rousseau.
Judge George Bartlett will not allow Cal Harris' defense team to introduce evidence that they say would show who is truly responsible for the death of Cal's wife Michele.

This is the third time Cal has been tried for the murder of Michele who disappeared in September 2001. Neither Michele's body nor a murder weapon has ever been found.

Two weeks ago the defense council stood in front of Judge Bartlett outlining evidence they feel points to the two men who actually caused the death of Michele Harris, Stacy Stewart and Christopher Thomason.

Defense says it's evidence would show that the two men were burning bloody clothes the day after Michele's disappearance.

Prosecutors argued that the outlined evidence was hearsay and completely irrelevant to the case.

Ultimately it was up to Judge Bartlett to determine if this evidence could be presented to jurors.

Thursday we learned that the judge has decided he will not allow the evidence saying that the proof the defense team has layed out is based on speculation.

While district attorney Kirk Martin declined to comment on the judge's ruling, Defense attorney Bruce Barket says the decision is very troubling.

"It's a grotesque injustice that will run the risk of convicting an innocent man and guaranteeing that the true culprits will never be thoroughly investigated. Lastly, it eviscerates the truth seeking function of the jury," said Barket.

Barket feels the defense teams case is strong even without this evidence being admitted and plans to call at least six witness before wrapping up his case sometime next week

Today judge Bartlett also heard arguments regarding whether or not Cal's daughter Jenna should be allowed to testify.

According to Martin the 17-year old should not be allowed to take the stand because she was in the court room during the testimony of former Harris nanny Barbara Thayer.

Thayer testified that cal asked her to remove Michele's things from the home just days after her disappearance.

prosecutors say this was in an effort to erase Michele from the home.

The defense says Jenna's testimony will reveal that's not the case... That Cal preserved the memory of Michele through pictures and clothing.

Judge Bartlett will make his ruling regarding Jenna's testimony when jurors return for testimony on Monday at 10 am.
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