Christopher McCowen racial biased hearing

[adair]

http://www.boston.com/news/local/articles/2007/11/30/jury_in_cape_murder_ordered_back_to_court/

Jury in Cape murder ordered back to court
Bias claims put year-old verdict at risk

More than a year after they convicted a black trash collector of raping and murdering a white fashion writer, members of a Cape Cod jury will have to return to court - and this time, they will be on the witness stand.


In an extraordinary hearing scheduled Jan. 10 and 11 at Barnstable Superior Court, each of the jurors - including a woman who will be flown in from Texas - will be questioned under oath in open court by a judge about whether racially insensitive remarks allegedly made during more than a week of deliberations tainted the verdict against Christopher M. McCowen.

Superior Court Judge Gary A. Nickerson ordered the hearing after McCowen's lawyer asked for a new trial, based on sworn statements from three jurors who contacted him within days of the November 2006 conviction. The jurors said three other jurors made repeated racist remarks, at one point almost triggering a fight.


Just wanted to bring this info over from ctv.......

[Justiceguy]

Well, the issue of racial bias of the jury is a legitimate one to bring up in any court trial. I hope this gets a full airing. He may get another trial, which, IMO, would be OK, I think he's guilty and will be convicted again. I don't mind, if there really WAS racial bias in the jury, then let's re-try him.

I see no reason to put murderers in jail based upon a biased jury. I want them in jail for a legitimate conviction.

[LiveLaughLuv]

I watched this on one of the documentary channels. This man allegedly states he and this woman had consensual sex. Seems she is from an affluent family who frowns upon such happenings.

So what will come out of this a new trial?

If it does, I think they need to change the venue.

[adair]

Some Excerpts for all;

Provincetown Banner Dec. 7th 2007
by Kevin Mullaney
Motion claims prosecution withheld evidence

Frazier was arrested by Wellfleet police in July 2003, a year and a half after Worthington's murder, for assault and battery with a knife and threatening to kill two British tourists. The charges were dismissed when the victims did not return from London for the trial. In his motion George notes that despite "the eerily similar details of that crime to the one on trial, the violent and threatening comments were made by Frazier during the attack", the prosecution did not make this information available to the defense.

Attorney George calls the incident in Wellfleet" a stunning example of similar criminal conduct that would have been used to impeach Frazier. This evidence was withhheld from the defense by the prosecution despite its handling of the Wellfleet crime and its own dismissal of the case."
Georges motion also details arrest infomration on Chrisopher Bearse, Arthur Dubois, Ryan Buckles and Kevin Lord that he says was not made available to the defense. Although all were listed as witnesses for the prosecution, only Bearse was called to testify in the trial. All had violent arrest records, and all involved the same wellfleet and state police investigators who were involved in the McCowen conviciton. George's motion also speaks of deficiencies in audits of the state police crime lab in 2001,2003 and 2004 that were known to the state . ...The manager of the lab, Robert Pino, who handled the McCowen DNA match "was at the time under investigation for misconduct and negligence while he was processing the defendant's sample" George claims.
-------------------------------------------------------------------

More info at the ctv site.....I am not sure how much I can "bring over"

Originally posted by Jeremy on ctv boards.

[LiveLaughLuv]

The manager of the lab, Robert Pino, who handled the McCowen DNA match "was at the time under investigation for misconduct and negligence while he was processing the defendant's sample" George claims.

So in saying the above, does that mean they did not find that man's DNA associated with that victim?

How can we trust in the DNA process if the person who is processing it is under investigation for misconduct/negligence?

[adair]

http://archive.capecodonline.com/cctimes/edits/cctblogs/el/archives/2006/10/george_tries_to.htm

(snipped)

BARNSTABLE – Bulldog defense attorney Robert George ramped up the murk factor today at the Christopher McCowen murder trial when he introduced evidence that Jeremy Frazier was working with a convicted murderer at the time of Christa Worthington’s death in 2002 - and that Frazier was using a cell phone owned by that man, David Murphy, on the night prosecutors believe Worthington was killed.

According to George, in and around 2002 Frazier was working for Outer Cape-based Magnum Movers with a crew that included Murphy and Shawn Mulvey. Mulvey provided Frazier’s alibi for the night of Jan. 4-5, 2002, the night prosecutors believe McCowen killed Worthington.

Frazier was accused of the murder by McCowen, but Frazier was not charged in connection with the crime.


(snip)
George also introduced a document into evidence that he said showed that Worthington had stored property with Magnum Movers in 1999, as well as a document that George said showed Murphy was incarcerated for a number of years in state prison for what George called “first degree murder".


I hope that after reading the above article completely that readers will scroll down and read what Becky wrote in regards to unanswered questions....

[Justiceguy]

So SOME of you still believe McCowen is innocent? He confessed, and named a co-defendant, (who might have been charged, but the DA believes McCowen's claims of there being a co-defendant are not true), and his sperm DNA is on her body. How does anything else make him totally innocent?

I can go along with a new trial if it can be established that there was jury tampering, or bias. The fact that other people were never charged, and that those people may have criminal histories, doesn't make McCowen NOT guilty.

[adair]

I would like to hear or see his confession, not to have LE Mason tell me what he said. I just watched the story about Michael Crowe this AM. Those so called confessions were recorded, and LE were about to send 3 innocent boys to jail.

IMO.....there is not bard. Just my gut feeling.

http://www.provincetownbanner.com/article/news_article/_/43371/News/10/19/2006

(snipped)

The prosecution's case was dealt a blow Monday as a medical examiner testified the time of Christa Worthington's death may have been later than suggested by authorities.

When her body was examined at 8 p.m. on Jan. 6, 2002, Dr. James Weiner, the medical examiner who was at the scene, reported her body was in full rigor mortis. Dr. Henry Nields, who testified in place of Weiner, said it usually takes 12 hours for a body to reach full rigor. It usually stays that way for another 12 hours and then begins to dissipate.

(snipped)
I would estimate the time of death was closer to the time she was found than the 24 to 36 hours," he admitted to defense attorney Robert George during cross examination.

Adding to that, the rigor had not begun to dissipate as of arriving in Boston for a trace examination early the morning of Jan. 7.

[Cat]

After seeing the "48 Hours" on this case, my husband and I both said we thought Chris had been framed. I then started to read about the case on CTV forum. I am glad it's being brought over here.

[trawlergirl]

I'm here.old courttv poster. thanks for the heads up! Let's Roll!

[adair]

Coldwater closed the CM thread "until new news"....
Send the pms, and hope we can bring the discussion over here.


Those drag marks we were talking about really have me thinking now........I bet they were made from some type of dolly or moving device.........When was the last time TA was there, who would know if something WAS missing?

It was 6 months since Jan talked with her, and what about the Aunt who hear screams that Sat? She seemed to have tried to change her story on the stand too, IIRC.

jmo

[adair]

I'm here.old courttv poster. thanks for the heads up! Let's Roll!


Glad to see you!!!:zm10:

[Cat]

I'm here.old courttv poster. thanks for the heads up! Let's Roll!


You're welcome, trawlergirl. Also, welcome to the new forum. :happy0207:

I saw that JEREMY was banned. Are you in touch with him/her?

[groovy]

I just got my registration done and thought I'd say hi, even though I have to leave right away for an appointment.

I hope somebody does contact jeremy - I didn't do it soon enough and now that he's banned, there is no way to PM.

I sent PMs to AmerJus and to RayStar.

(by the way, I"m RiaRita - but groovy was my "original" name and I like it better)

[Cat]

Hi groovy. Welcome.

[adair]

I just got my registration done and thought I'd say hi, even though I have to leave right away for an appointment.

I hope somebody does contact jeremy - I didn't do it soon enough and now that he's banned, there is no way to PM.

I sent PMs to AmerJus and to RayStar.

(by the way, I"m RiaRita - but groovy was my "original" name and I like it better)



Cool...back with your GROOVE on...LOL

I also sent pm to AmerJus....

Please send any links/articles that you guys see in your local paper.....as the trial gets closer i am going to hope that renewed interest will bring others on.

I wonder if that hearing will be closed, does anyone have any idea if there have been hearing like this in the past? CTV will be TRU tv (what EVER) that means.

For anyone local.....could you post links to local papers (Cape Cod online is the only one i know)...or local tv station links......

When do you think Peter Manso book will be published?

Thanks

[trawlergirl]

Capecodtimes.com
Capecodtoday
BostonGlobe.com,should all have coverage of this precedent hearing. Lawyers Weekly, I suspect may have alerts as well.

As for Peter Manso's Book, Rumor has it, he has delayed release for the obvious,either the racial bias hearing outcome and or the pending appeal.
"An unjust conclusion" an article he wrote for Boston Magazine (he is an contributing writer) is available online and worth reading. just type in An Unjust Conclusion and you should access or Bostonmagazine.com either way readily available.
Many speak ill of Manso.I support him (do not know him) he has raised many questions about not only the murder but the case and the jurors.Yes, he is a writer,who published books and articles,receives compensation for same,and rightly so.Unlike others who have written,sold stories,who had other objectives, I believe him to be just what he is "A Writer", not one of the players in this horrific,sordid murder of a young mother.I also believe that many of CW friends may be assisting him in exposing all that happened in the Truro winter prior to her death.
So many questions, so few answers about her last days and the sealing of all evidence.
Why? Maria Flook observed crime scene photos before the trial, why seal all? to respect the family and the estate,as stated by the DA as he presented his motion? "cart before the horse , as I see it?,No, I think a more sinister motive,but I could be wrong.
Good Luck with the new site.I think,in time after the holidays,the board will be very active.
Most courttv posters are aware,probably just busy as we all are with Christmas.
A suggestion. Perhaps you should consider moving the McCowen Forum to "Cases Under Appeal" rather than "Old Case" this racial bias hearing and the motion to supress have the potential to set precedent,especially mandating taped interrogations and much more .
I am as ignorant as all of you regarding the protocol for this hearing and I had requested that courttv, have either Larry Sabato or any other Legal Talking Head of their choice, post an online chat for an hour or so but to no avail. I suspect as the days dwindle down to a precious few,they have no interest in any of this.so be it.

[DIBBS]

So SOME of you still believe McCowen is innocent? He confessed, and named a co-defendant, (who might have been charged, but the DA believes McCowen's claims of there being a co-defendant are not true), and his sperm DNA is on her body. How does anything else make him totally innocent?

I can go along with a new trial if it can be established that there was jury tampering, or bias. The fact that other people were never charged, and that those people may have criminal histories, doesn't make McCowen NOT guilty.

Many of Mc Gowan's friends and associates are criminals !

He was jailed in Florida for armed robbery...not less that 5 women had restraining orders out against him !! One of the women said he had threatened to 'break her neck.'

His DNA was found on Christa Worthington. He admitted striking her so hard that her head made an awful sound when it hit the ground. He said 'I never meant to do it.' Many deny that was his statement and Yet, live in the court room, he told the Judge, 'I never meant to do it.'

No prejudice whatsoever was shown against him, on the contrary, he was treated with kidd gloves.

imo

[trawlergirl]

Here you go !
More than 13 months after Christopher McCowen was sentenced to 3 life
terms for the armed burglary, aggravated rape, and 1st degree murder
of Truro's Christa Worthington, his convictions remain mired in
controversy, under seige from 3 distinct directions.

The most recent attack goes to the bedrock of our judicial system, and
the credibility of Barnstable County's key law enforcement officials,
including District Attorney Michael O'keefe, state police officers
and then-prosecutor, now-Judge Robert Welsh III.

In a dramatic , most unusual motion for a new trial filed nov 29th,
McCowens attorney robert george states:

"The prosecution here witheld material exculpatory evidence, in the
form of police reports and criminal records regarding key commonwealth
witnesses as well as the state crime laboratory's failings, despite
discovery requests by the defense."

Supplying all available pertinent evidence to the defense in a murder
trial - or any other criminal trial for that matter - is a crucial
cornerstone of American Justice, Massachusetts Criminal Procedure Rule
14 imposes "automatic discovery" obligations on the prosecution in
every criminal proceeding, requiring the government to turn over to
the defense "any facts of an exculpatory nature" including "police
reports" and "the record of prior complaints, indictments and
dispositions...of all (prosecution)witnesses.....within 5 days of the
Commonwealths notification...of the names and addresses of its
witnesses"

In addition to the "automatic" requirement, George says he made
specific, written requests for that inofrmation "several times over"
that the court held three separate discovery conferences over the
course of 8 months, and that the Commonwealth filed a Discovery
Compliance Certificate on Oct 11, 2006, shortly before trial began.
BTW, I do not for one moment think that McCowen was ever treated with"KID GLOVES".
on the contrary everything presented by the prosection vis a vis the cop interrogation is deemed "hearsay" in my book.I will say over and over again"They owned the evidence."
and the rest will be revealed after the New Year! Merry Christmas to all. FYI,Many posters on Stacy Peterson Forum on Courttv plan to come aboard after the closing.



_______________________________

[Pauli]

If you get a group that's interest in posting about this case I can set up a whole forum for it. That way you can have a separate thread for all link and not be limited to one thread for everything.

Welcome to the board :)

[trawlergirl]

Harlett O' Hara, (great name),I think after the holidays and in light of the Jan 10th racial bais hearing and the "motion as posted" ,many will graviate to this site.Busy time of the year,and rightly so, as this such a special time for all to be thankful and spend time with family and friends.Unfortunately, for all the missing and unjustly convicted,and the the families,Christmas is just another reminder of "those lost" and another painful holiday without the loved ones.Pray that the missing will be found and the wrongfully convicted will be exonerated.Thanks for your post.

[trawlergirl]

Courttv has upon request,agreed to re-open the the forum. I urge all who have followed the case to log on and view the latest posts re: racial bias hearing and Attorney George's motion re: evidence.

[adair]

:022:.....heading over there now......

[adair]

......heading back, all ready read all those posts:022:

(i think this christmas shopping has rattled my brain, because i knew that that board has been closed, even looked at it about 10minutes ago to see if by chance.......:71526:

lol

[adair]

Wondering if there is any news????? Will it be broadcast? 11 days and counting......

[johnielee333]

i believe he is guilty of rape BUT not guilty of murder

[kindee]

He may or may not be guilty but he did NOT receive a fair trial. This one needs a do-over with the truth, the whole truth and nothing BUT the truth. LE stunk this one up, possibly to cover up for their own.

[TigressPen]

The jurors were called in back in Jan. and still no word on a decision for a retrial in this case? I didn't like the verdict handed down in this case and pray CM gets a new one. I just feel there was so much more to be heard that wasn't and was doubtful of CM's involvement.

[TigressPen]

http://www.cnn.com/2008/CRIME/04/04/capecod.murder.ap/index.html


Christopher McCowen was denied a new trial. The Judge said it wasn't racist. That just isn't right. To me, little about that trial was fair.

[sciencegirl]

http://www.cnn.com/2008/CRIME/04/04/capecod.murder.ap/index.html


Christopher McCowen was denied a new trial. The Judge said it wasn't racist. That just isn't right. To me, little about that trial was fair.

:shock:

I can't believe this. If anyone deserved a new trial it was Chris McCowen. And, I still think Fraizer got away with murder.

[TigressPen]

:shock:

I can't believe this. If anyone deserved a new trial it was Chris McCowen. And, I still think Fraizer got away with murder.



Yep. I was major shocked with this decision. And hope CM's lawyers take it to a higher court.

[Roamer]

I remember this trial, and I never thought he should have been convicted on that evidence. Sad that he isn't getting a new trial.

[sciencegirl]

Yep. I was major shocked with this decision. And hope CM's lawyers take it to a higher court.

Morning TP - I am literally stunned over this. I remember when he was found guilty and I sat here and just cried. I always thought that McCowen had sex or raped Christa Worthington; but Fraizer was there with McCowen and Fraizer did the killing.

[andersson33]

I am saddened by this news, but I'm not surprised.
For the same judge who "ran" the first trial to come up with the assessment that his trial was run in strict accordance with the law isn't surprising at all.

Nickerson's not the kind of guy who will ever fall on his sword. Neither will O'Keefe.

Bob George knew all along that this case needs to be reviewed by a higher court, and he said that he will appeal. And to me, that's when we have some real hope for a new trial for McCowan.

This last round of meetings conducted by Nickerson served no purpose, other than being a step to an appeal to a higher court.

To ask for an honest assessment of the trial by the trial judge himself, especially when that trial judge in Gary Nickerson whose ego is legendary--well, that's an exercise in futility.

I'm sorry this has to drag on so, and that the (imo) wrong man must sit in prison for an even longer time--but oftentimes the most important legal decisions take the longest to arrive at.

I hold to my faith in Bob George to get Christopher McCowan the fair trial he has been denied in Barnstable.

:serious:

[RayStar]

Yes a do-over seems to be the thought of many. It takes money. Bob George really put up a good fight. How does one fight with so many in high and low places going against you? Some against each other from some of the old editorials in the newspaper. #1 was just plain old confusing and gave the appearance of being totally out of control. Has Mason received his OSCAR yet?:(

[annalyzer]

Morning TP - I am literally stunned over this. I remember when he was found guilty and I sat here and just cried. I always thought that McCowen had sex or raped Christa Worthington; but Fraizer was there with McCowen and Fraizer did the killing.

If he was there then he is just as guilty IMO. Also if he didn't kill her and "put the boots" to her then he shouldn't have confessed.