Cal Harris trial delayed until October

By Jillian Marshall
By Haley Burton
By Anna Norris

August 20, 2014 Updated Aug 21, 2014 at 11:15 AM EDT

Schoharie, NY (WBNG Binghamton) The murder trial of Cal Harris has been postponed until October after judge George R. Bartlett III granted the defense's request for more time to prepare. This will be his third trial for murder for the death of his wife, Michele.

A phone conference next week will determine what day in October the trial will begin.

At Harris' pretrial hearing on Wednesday in Schoharie County Court, the defense team, from Barket, Marion, Epstein & Kearon, LLC of Garden City, NY, said it would be "impossible to be ready" by the original trial date of Sept. 15.

Four motions were discussed in court in the morning, with three of them coming from the defense team.

The motions filed by the defense team included throwing out evidence they said was obtained in violation of Harris' rights. The defense also motioned to rule out a blood pattern analysis as well as DNA obtained from Michele Harris' toothbrush.

The prosecution asked for Harris to give a mouth swab to use for DNA analysis, but the defense opposed immediately.

Other pretrial hearings regarding the motions made on Wednesday have been scheduled for Sept. 2 and Sept. 22.

In 2005, Cal Harris, of Spencer, was arrested for the murder of his wife, Michele. He has since had two trials where both convictions were thrown out on appeal. Michele disappeared in 2001 and her body has never been found.