A jury was just getting a first look into Michele and Cal Harris’ volatile marriage and divorce during opening statements yesterday when the defense called for a mistrial. However, Schoharie County Judge George Bartlett shot that motion down. Tioga County District Attorney Kirk Martin fired up the courtroom during his 40 minute-long opening statement in court. But Harris’ defense said he overstepped his bounds during his speech. Martin said Cal Harris threatened his wife’s life multiple times during their marriage and needed to be in control of everything in his own life — including his finances, kids and marriage. During the opening statement, Martin outlined what Michele did on her alleged last day alive and the demise of the couple’s marriage, which Martin said was full of threats, lies and infidelity. Judge Bartlett called for an hour and a half recess for lunch and to research case law. After the recess, Bartlett ruled no mistrial and said he will give cautionary instructions to the jury on the burden of proof, Harris not needing to testify and the fact that what lawyers say is not evidence. Bartlett told the prosecution and defense to submit instructions for the jury, if they have any, and their input will be discussed Monday morning before the jury arrives. The defense team will give their opening statement at 9:30 Monday morning, followed by the prosecution’s first witness.
