Albany, NY (WBNG Binghamton) A New York State Appellate Court made a decision to move the third murder trial of Calvin Harris of Spencer to Schoharie County. Harris is out on $500,000 bail and has been since October, 2012. Harris is accused of killing his estranged wife Michele Harris in 2001. In 2012, the New York Court of Appeals ordered a new trial for Harris. It found there were errors made during 2009 trial in Tioga County Court. Michele Harris disappeared sometime between the night of Sept. 11, 2001 and the next morning. Her body has never been found. Harris was first convicted of murder in 2007. The verdict was overturned after a new witness came forward. That witness, Kevin Tubbs, claimed to see Michele hours after prosecutors allege she was killed. Harris was released on bail in October 2012. The change of venue decision came from the State Appellate Division Third Department in Albany. Tioga County's newly elected District Attorney, Kirk Martin, released this statement: "While we are disappointed that the third trial of Calvin Harris will not be held in the community where the tragedy involving Michele Harris occurred, in accordance with the decision from the Appellate Division, the District Attorney's Office will continue to pursue the prosecution vigorously and seek a just result on behalf of the citizens of Tioga County." Harris' attorney is William Easton out of Rochester. He has been reached for comment but not yet replied as of Friday night.