Appellant McCowen Brief - Mass Cases

on November 16, 2006 App. 52. That appeal, along with the
appeal of the denial of post-trial motions for relief,
brings this matter before this Court. ~pp. 53.54.
SIRWARP OF m l l T
A plethora of errors led to the defendant's
convictions. The trial court wrongly allowed a
Commonwealth pathologist to testify to an absent medical
examines's substantive findings, and a lab analyst to
the testing and findings of another. The court
unilaterally, without a hearing, illegally removed a
juror after a deadlock on the sixth day of
deliberations. The accused, without food and under the
influence of narcotics, was illegally questioned after
his arrest without counsel for over six hours without
the interrogation being recorded. Racial animus and
other juror misconduct poisoned deliberations. The
Commonwealth withheld exculpatory evidence despite the
defense's specific requests. These convictions should
also be reversed based on the trial court's improper
denials of the defendant's motions to dismiss, to
suppress, to change venue and its wrongful allowance of
bad acts evidence and restricting expert testimony.
STATEMEMT OF FACTS
On January 6, 2002, Timothy Arnold called 911 to
report he'd found his neighbor Christa Worthington dead
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