Deceased/Not Found NY - Michele Harris, 35, Owego, 11 Sep 2001

[mothwings]

 

[mothwings]

 

[mothwings]

The Cal Harris lawsuit against Tioga County is moving right along.

 

[Richard]

Still missing 20 years later...

Michele Harris, 35
Missing since 11 September 2001

 

[mothwings]

Lawsuit update: Gerald Keene, among other defendants in Harris v. Tioga County, are refusing to be deposed. There are appeals to that. Looks like the judge is denying some of Barket's ridiculous motions. Last activity was in July. Years ago, Cal even said this lawsuit will take years and claimed this would be live streamed on CNN, ABC, NBC... "Just wait... Sue Mulvey squirming on the stand"... what happened to that, Cal?

 

[HMSHood]

Michele Anne Harris's murder would of gotten a lot of media attention based on reading about the case. There is no body of her found and messy divorce case with a rich husband. Her death occurred on September 11, 2001 when the World Trade Center crashed to the ground in New York City and claimed many lives.

 

[mothwings]

The depositions in Cal Harris vs. Tioga County is nearing its end. The final deposition is taking place this month. State police trooper Kevin Bruen. Magistrate Judge Therese Wiley Dancks is presiding over the trial.

Hon. Therese Wiley Dancks
U.S. Magistrate Judge

Thérèse Wiley Dancks is a United States Magistrate Judge for the Northern District of New York. At the time of her appointment in February of 2012, she was a founding partner in the law firm of Gale & Dancks, LLC, where her practice centered on civil litigation and trial work. She was associated with the law firm of Mackenzie Hughes, LLP from 1991 to 1997. Judge Dancks graduated magna *advertiser censored* laude from LeMoyne College in 1985 and earned her J.D. degree *advertiser censored* laude from Syracuse University College of Law in 1991 .

Judge Dancks is a past president of the Central New York Women's Bar Association and established the organization's award winning Domestic Violence Legal Assistance Clinic during her term. She is a past director of the Onondaga County Bar Association and has been a board member of several charitable and community organizations. She served as Chairwoman of the Board of Directors of the Hiscock Legal Aid Society and the Secretary of the Board of Directors of St. Elizabeth College of Nursing. She has co-authored articles for the Syracuse Law Review and she frequently lectures for educational institutions, professional organizations and bar associations .

Cal Harris is seeking from the judge:

A. That the Court award compensatory damages to him and against the defendants, jointly and severally, in an amount to be determined at trial;
B. That the Court award punitive damages to him, and against all individual defendants, in an amount to be determined at trial, that will deter such conduct by defendants in the future;
C. For a trial by jury;
D. For pre-judgment and post-judgment interest and recovery of his costs, including reasonable attorneys’ fees pursuant to 42 U.S.C. § 1988 for all 42 U.S.C. § 1983 claims; and E. For any and all other relief to which he may be entitled

 

[mothwings]

Cal Harris now has his own recurring podcast:

 

[mothwings]

The prosecutors during the trial contended that Cal Harris moved Michelle's van from the house ( or garage ) down to the end of the driveway after killing her. From my personal point of view, I just have a little trouble with that. Since her keys, cell phone and purse were all in the minivan, it would seem to me that if Michelle did get home as the police and prosecutors have surmised, I'd think she would have taken her purse and cell phone with her when she got out of the vehicle after parking it up by the house or in the garage. Cal would have had to have been thinking very clearly in order to have placed those things back into her van and deciding that parking the van out by the road was the best thing for him to do. If he did kill her, my thought is that he snapped and it wasn't a carefully planned event. If he'd planned ahead of time to murder his wife, wouldn't he have come up with a better plan at least as the placement of her vehicle was concerned?

Just a small correction: Michele's purse was not in her minivan. Her purse has never been found and is something, as you said, she would have likely taken into the house with her. Had the attack happened then, the purse would have likely gotten blood on it and he would have had reason to get rid of it (like the newspapers and children's coloring books that were never seen again). Her cell phone and keys were found in her minivan, as well as the empty Rolex watch box. The jewelry sachet, Rolex watch and her purse have never been found.

 

[mothwings]

I was lucky enough to be able to attend Cal Harris's 2.5 hour deposition via Zoom. I also attended Investigator Mulvey's. Lots of evidence that never came into the trials was presented and he was cross-examined by a very good attorney representing the state police and Tioga County DA's Office. In particular, Michele's diary entries and notes given to her attorney were just damning. I'm not sure why they didn't make it into trial because there's no way Michele made these things up.

They basically retried the entire case with new evidence and spent about a half hour dissecting his vengefully psychotic Twitter and FB posts. Some revelations from the deposition were:

• Cal has spent over 2.7 million on his defense.
• Cal offered a measly $10,000 in reward money through his brother when Michele went missing.
• Did not reach out to any media about the reward and did not appeal for any information until 2013.
• Cal refused the state police's polygraph, drove two hours away to do a private one where he, according to the polygraphist, "bombed it."
• Cal admitted to driving to and sitting in the funeral home parking lot where Investigator Mulvey's fathers funeral was taking place and recording those attending the funeral.
• Cal was questioned about the rumor of disposing of Michele at the Weitsman's car crusher and denied it.
• Cal still says he was trying to sell a drone when he was caught stalking Investigator Schultz.
• Cal still says Stacey Stewart AND/OR Chris Thomason have knowledge of where Michele's remains are.
• Couldn't guarantee he testified truthfully in the second trial and some of the testimony was conflicting with his deposition.
• After repeated denials, Cal admitted that he is in fact Charlie Lawrence and was posting under that name during the third and fourth trial.
• Admitted to calling-out Susan's parenting and ridiculing her daughter Jackee on FB and used the excuse that his children have suffered ridicule as well.
• Denied almost everything Michele wrote in her diary and notes given to attorney.
• Cal admitted that he wouldn't let his children see their grandfather nor any of the Taylor family after Michele disappeared.
• Called Susan Mulvey, Barbara Thayer and Gerald Keene, "Despicable individuals."

Susan Mulvey admitted that her father did work for Cal at one point and she says that Cal fired him out of retaliation when Mulvey's dad found out Cal had stolen incentive checks from the company.

 

[Jmoose]

Cal Harris really is a vile and miserable scrap of humanity. How did his kids turn out? Any of them starting to exhibit some of his disgusting behavior?

 

[mothwings]

Michele did not get justice but she could still be found. Wonder where he put her?

 

[Richard]

Michele Harris, age 35, Missing since 11 September 2001

 

[mothwings]

Cal has partially won the first part of his lawsuit – the summary judgement. Several defendants were dismissed while a few key players are actually being taken to trial. The trial starts next month in federal court.

Can you believe the lengths he is going to seek revenge on those who were trying to find his wife? Only a guilty person goes to this lengths and it's been 7 years since his acquittal – he still wants to be surrounded by all this drama? Seriously, he is sociopath.

 

[Jmoose]

Michele did not get justice but she could still be found. Wonder where he put her?

Well, Cal isn’t spending any time looking for her, for the sake of her kids-he’s too busy hunting down people who were mean to him.

 

[mothwings]

Court Denies Immunity for Former DA From Claims in Wrongful Prosecution Suit by Man Cleared of Killing Wife
by Andrew Denney, New York Law Journal, March 30, 2023

When criminal convictions are overturned, the prosecutors who built those cases are generally shielded from liability under the absolute immunity doctrine—even in matters where it was found that they fabricated evidence or hid potentially exculpatory information from the defense.

But a federal judge found that the former Tioga County district attorney who prosecuted a man convicted—and later cleared—of killing his wife in the hours after the 9/11 terrorist attacks falls into a narrow exception from the doctrine.

U.S. District Judge David Hurd of the Northern District of New York ruled that absolute immunity does not apply for allegations that former District Attorney Gerald Keene fabricated evidence in the case against Calvin Harris in the four years prior to the Tioga County businessman being indicted for the murder of Michele Harris because he was acting as an investigator at that stage in the high-profile case, rather than in his capacity as a prosecutor.

Hurd partially denied a motion for summary judgment filed on behalf of Keene, the Tioga County government and the district attorney’s office, two New York State Police investigators who worked the case and other defendants.

The judge preserved for trial Harris’ claims of evidence fabrication, malicious prosecution and conspiracy against Keene, and investigators Steven Anderson and Susan Mulvey.

“Calvin claims he’d finally been able to show the fact-finder what his own private investigators had learned: that law enforcement had fabricated the evidence used to convict him,” Hurd said. “In fact, they were so busy doctoring the proof that they’d failed to take a good look at the two out-of-towners who’d been hanging around with Michele at the time of her disappearance.”

 

[mothwings]

"Although the defendants insist that they acted in good faith, a jury could
conclude that one or more of them chose to burnish a relatively weak murder
case by fabricating material evidence used to obtain probable cause." – Judge David N. Hurd

1. The State defendants’ motion for summary judgment is GRANTED in
part and DENIED in part;

2. The County defendants’ motion for summary judgment is GRANTED in
part and DENIED in part;

3. Defendant Barbara Thayer’s motion for summary judgment is
GRANTED in part and DENIED in part;

4. Plaintiff’s § 1983 claims alleging a failure to investigate (Count Three),
the suppression of evidence (Count Four), supervisory liability (Count Six),
and stigma-plus defamation (Count Eight) are DISMISSED;

5. Plaintiff’s claim for emotional distress (Count Ten) is DISMISSED;
Case 3:17-cv-00932-DNH-TWD Document 125 Filed 03/23/23 Page 62 of 63
- 63 -

6. Defendant Investigator Lester is DISMISSED as a defendant;

7. The Jane/John Does are DISMISSED without prejudice;

8. Tioga County District Attorney’s Office is DISMISSED as a defendant;

9. Plaintiff’s claims for malicious prosecution under § 1983 and state law
(Counts One and Nine) against Senior Investigator Mulvey, Investigator
Andersen, and DA Keene REMAIN for trial;

10. Plaintiff’s § 1983 fabrication of evidence claim (Count Two) against
Senior Investigator Mulvey, Investigator Andersen, DA Keene, and Ms.
Thayer REMAIN for trial;

11. Plaintiff’s § 1983 conspiracy claim (Count Five) against Senior
Investigator Mulvey, DA Keene, and Ms. Thayer REMAIN for trial;

12. Plaintiff’s § 1983 municipal liability claim (Count Seven) against the
County REMAINS for trial.

The Clerk of the Court is directed to terminate the pending motions and
amend the caption accordingly.

IT IS SO ORDERED.
Dated: March 23, 2023
Utica, New York.

TEXT ORDER GRANTING ADJOURNMENT OF JURY TRIAL PENDING DECISION OF COURT OF APPEALS: Pursuant to the Order of the Hon. David N. Hurd USDJ, the 138 Letter Request, 138 Letter Motion from Adrienne Kerwin, AAG for Steven Andersen, Susan Mulvey requesting adjounrment of trial is Granted and the Jury Trial for plaintiff Calvin Harris' remaining claims on Counts One, Two, Five, Seven and Nine is now tentatively set for Monday, November 6, 2023 with Jury Selection commencing at 9:30 a.m. All Pretrial submissions, including any motions in limine, pursuant to paragraph 12(B) of the Uniform Pretrial Scheduling Order at Dkt No. 36 shall be filed on or before Friday, October 13, 2023. A Final Pretrial Conference is scheduled for Tuesday, October 24, 2023 at 3:00 p.m. All proceedings will be at the Utica Federal Courthouse, 10 Broad Street, Utica, New York, 13501, (Jury Trial set for 11/6/2023 at 9:30 AM in USDC / Utica, NY before Judge David N. Hurd, Final Pretrial Conference is set for 10/24/2023 at 3:00 PM in USDC / Utica, NY before Judge David N. Hurd, Pretrial Submissions due by 10/13/2023) (ptm) (Entered: 05/02/2023)

 

[mothwings]

So in short, Steven Andersen, Gerald Keene, Susan Mulvey and Barbara Thayer are all being brought to trial in federal court.

 

[cocomod]

He is an utterly despicable human being.

 

[mothwings]

He is an utterly despicable human being.

And the worst part is he knows where Michele is. If you get a kick out of murderers lying in front of you, watch his "podcast" sometime and look deep into his eyes. Just incredibly cold, calculating, hateful.

At the end, someone watching asked what his last memory of Michele is and he literally took 5 minutes to get his story straight and give a decent answer to that question. Someone said, "You tripped him way up." It was chilling.