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OWEGO, NY (WENY) - The Calvin Harris court case took another turn at the bail hearing today in Tioga County Court in Owego.
      As we reported last week, the state appellate court ruled to reverse Harris' second murder conviction, and order a third trial. A judge is on the verge of letting Harris walk free until the third trial begins, which could be next year.
      Calvin Harris's attorney asked the judge reinstate bail, not "set it," saying that Harris has already proven himself not to be a flight risk. District attorney Gerald Keene doesn't buy it. Keene argued Harris is a flight risk, because he has lots of cash, no job and few family ties to the area.
      Keene also pointed out Harris was convicted twice, once in 2007 and again in 2009. Two sets of jurors found Harris guilty of killing his estranged wife, Michele Harris, who prosecutors say disappeared the night of Sept. 11, 2001, after returning to the home she shared with Harris. Two guilty verdicts, even though prosecutors never produced a murder weapon or a body.
       The judge asked Harris' lawyer, William Easton, if Harris had a passport. When Easton answered he didn't know, the judge said he won't sign a bail application until he has proof Harris does not have a valid passport.
        District attorney Keene has led the prosecution in the first two trials. Now, he's running for Tioga County judge. If he wins, the decision to try Harris a third time will be left to someone else. 
     “I don't think there is any question that there will be a third trial in this case and the courts have found there is more than sufficient evidence,” says Keene, “So I don't know why anyone would decide weather it be me or somebody else that there shouldn't be a third trial.”
     “We're heartened we have a new trial,” says Easton, “The court of appeals recognized that the first trail was not fair, and is giving him a new trial and we're hopeful that this next trial is successful for Cal.”
      The next court hearing is set for December 7th. The judge will re-evaluate all matters including District Attorney Keene's role, a possible change of venue, and new jury selection.