In the third Cal Harris murder trial, Judge George Bartlett spent the day deciding how many more defense witnesses can testify. The jury spent the day yesterday without ever stepping foot in the courtroom – except to be dismissed at 4:15 p.m. Bartlett and the attorneys were hard at work. After the afternoon lunch recess, Bartlett made several rulings. He reversed his original decision and decided to allow the defense’s 11th witness Kevin Tubbs to identify Stacy Stewart as the man he saw arguing with Michele in her driveway early in the morning of Sept. 12, 2001. Bartlett also decided Julie Brinkman’s testimony is hearsay, and he will only allow her to testify in front of the jury to identify a photo of Stewart. Brinkman is Stewart’s ex-girlfriend and testified outside the presence of the jury Tuesday. Bartlett said he would allow Stewart to testify, but the defense said it does not intend to call him, as it expects he would lie about being with Michele the morning of her disappearance, thus adding nothing to its case. Cal’s private investigator and former New York State Police investigator David Beers testified outside the presence of the jury yesterday afternoon. This is the tenth week of testimony in the trial. The prosecution called 50 witnesses before resting its case, and so far the defense has called 11 witnesses.
