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Jurors Told To Bring Toothbrushes In Clara Harris Trial

Prosecutors Plan To Call Additional Rebuttal Witnesses

Published On: Nov 15 2011 11:55:11 AM CST  Updated On: Feb 11 2003 09:05:00 AM CST
HOUSTON -

Jurors were told to bring a toothbrush and any other necessities for an overnight stay to court on Tuesday for the murder trial of a woman accused of running over her cheating spouse with her Mercedes-Benz.

Closing arguments likely won't come until Wednesday. But State District Judge Carol Davies told jurors Monday she didn't want the nine women and three men hearing the case to be caught unprepared Tuesday if they have to be sequestered.

The trial entered its fourth week Monday when prosecutors called their first rebuttal witnesses after the defense rested.

Houston police accident investigator Rolando Saenz testified dentist Clara Harris ran over her husband at least two times last summer in a hotel parking lot.

Saenz said earlier testimony by defense collision reconstructionist Steve Irwin was flawed.

Irwin testified the turning radius of Clara Harris' Mercedes-Benz would have made it impossible for her to circle back and hit 44-year-old David Harris repeatedly in the suburban Houston hotel parking lot on July 24. Saenz, who has investigated more than 10,000 collisions over nearly two decades, disagreed.

"As you make a left hand turn, sometimes you will swing out right and it will change the turning radius," Saenz said, explaining how it would have been possible for the car to hit David Harris repeatedly.

Wheels on the left side of a car have a smaller turning radius than the center of the car, which vehicle manufacturers typically use in measurements for such data, he said.

Saenz also pointed to separate, distinct blood stains on the underside of the car as evidence Harris' orthodontist husband was run over at least two times and possibly more.

The distinction is important because Clara Harris says her husband's death was an accident. Prosecutors say the dentist intentionally hit him and, to prove their case, have tried to show he was hit multiple times.

Saenz said Clara Harris also likely took a wider arc around the Lincoln Navigator of her husband's lover than Irwin surmised. That, the investigator said, probably offered Clara Harris a clear look at her husband standing near the open driver's door of his girlfriend's vehicle.

During cross-examination, defense attorney George Parnham said the Houston police officer wasn't involved in the investigation last summer, hadn't interviewed witnesses on his own and implied his only role was to rebut Irwin's testimony.

"I was called in to assist the (district attorney's) office," said Saenz, who later said he only viewed the undercarriage of the Mercedes in photographs.

Prosecutors planned to call additional rebuttal witnesses Tuesday.

Among Monday's rebuttal witnesses was Linda Haley, a fingerprint expert from the Harris County Sheriff's Department, who testified fingerprints found on the hood of the Mercedes belonged to David Harris. Under cross-examination, however, Haley said she could not tell jurors how the prints got there.

The defense rested after calling David Harris' mother, father and brother, who all said they believe the accused murderer is a truthful, law-abiding person.

"She's really more like a daughter," Mildred Harris said of her daughter-in-law.

She described her son's union with Clara Harris on Valentine's Day a decade ago at the same hotel where Clara Harris discovered her husband with his former receptionist as "a marriage made in heaven."

"Sometimes, I thought she loved him too much," the mother said. "We were like friends. We could talk to each other because we both loved David."

If convicted, Harris could face up to life in prison. But if jurors decide she acted as a result of sudden passion, she could get between two to 20 years behind bars or probation.

Sudden passion is legally defined as the following:

  • Accused was provoked by the victim
  • Crime happened at the time of the offense
  • Provocation made an ordinary person so enraged that he or she was incapable of cool reflection

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