Appellant McCowen Brief - Mass Cases

ejected that argument. App. 20-22. NcCowen also moved
to suppress the DNA evidence coerced during a meeting
with his probation officer. PTH. 556-57. The court also
denied that challenge. App. 20-21.
Trial began on October 16, 2006. The trial court
denied McCowen's motion for a change of venue, despite a
Cape-wide media circus including a wanted poster from
the D. A.'s office stamped "SOLVED". Tr, 26-34. The
parties impaneled a jury of 16. One juror seated was
Eric Eomea, a bar manager and person of color whose
family hailed from Cape Verde. Tr. 329-37. Voir dire of
Mr. Gomes included an exchange in which Gomes said the
allegations in the case that a black man had raped and
killed a white woman would not affect his ability to be
fair and impartial.. Tr. 333,336.
Jurors also heard from Assistant Medical Examiner
Aenfy Neilds, who did not perform Worthington's autopsy.
Tr. 1213. He said the physician who performed the
autopsy, ~ames Weiner, was "unavailable due to illness. "
- Id. Neilds testified to the findings and conclusions in
the autopsy report, notes and charts Weiner prepared.
Tr. 1216-38. Be testiEied to the position of the body,
to blood streaked across the chest and abdomen, to full
rigor mortis, to green grass entwined in the scalp hair,
to the lack of vaginal trauma and to a one-inch stab
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