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Bob Joseph/WNBF News [March 5, 2014][/caption]The lawyer for a Spender man on trial for murder says the case will go back to the Court of Appeals even as the third trial for Calvin Harris is just getting underway.

Tempers are flaring in the trial in Schoharie County Court.

For a fourth time, the former Tioga County businessman’s lawyers have called for a mistrial in the proceedings.

Harris is being tried for a third time for murder in the disappearance of his estranged wife in 2001.

Harris’ lawyer snapped at the judge February 24, following numerous objections to testimony by former New York State Police Investigator Michael Myers, accusing the Judge of a clear bias in favor of the prosecution.

Attorney Bruce Barket was told to calm down.

He told the judge to just get the trial over so the case can go to the Court of Appeals.

Harris has been twice convicted of murder in Michele Harris’ disappearance but had the convictions overturned on appeal.

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