Owego, NY (WBNG Binghamton) A New York Appeals Court ordered a new trial for Cal Harris of Spencer.
It will be the third time Harris will be prosecuted for second degree murder.
He's accused of killing his wife, Michele, who disappeared in 2001.
The Appellate Division ruled on an appeal from the second trial held in Tioga County Court in 2009.
It found the trial court made two errors.
It denied a defense challenge to a prospective juror who admitted to having an opinion about the guilt or innocence of the defendant.
The woman further stated her opinion would have a slight part in what she considered.
The defense had to use one of its peremptory challenges when the potential juror could have been dismissed for cause.
The trial judge also failed to provide a limiting instruction to the jury regarding hearsay statements from witnesses.
Relatives testified Michele had told them her husband had threatened her.
The judge should have told jurors not to consider those statements for their truth.
The Appellate Division also urges a new trial court to strongly consider a change of venue.