Appellant McCowen Brief - Mass Cases

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Lemire: Yes, by Looking at the worksheets and identifying that the correct itemization was done ... yes Mr. George: Could you tell the jury today who actually physically did the testing on McCOwen's sample? ... Lemiret A colleague named Stefana Geiger at the time. Now she is married. Stefana Petrina. Tr. 2526-21. Petrina never testified. During Mason's testimony, over McCowen's objection, the trial court allowed testimony about five women who bad restraining orders against McCowen. The court theorized that McCowen "opened the door" when he asked Mason why he arrested McCowen €or the murder, Tr. 2022- 26, 2082-83. The Commonwealth called Jeremy Frazier to testify he didn't kill Worthington but never disclosed its dismissal of serious charges against him, specifically for assault and battery with a dangerous weapon, a knife, and threats to kill two British men in Wellfleet on July 2, 2003. Tr. 2123-26. MCCOwen called several defense witnesses, including two experts, Dr. Eric Brown and Dr. Richard Ofshe. Ofshe testified about the science of false confessions. Tr. 3397-3429. The trial court allowed discussion of the abstract idea, but refused Ofahe's expert opinion on the -11-
instant case. Tr. 3427-29. The trial court also restricted psychologist Eric Brown, excluding testimony about McCowen's prior sexual relationship with Worthington, despite the Commonwealth's questions on that subject during cross-examination. Tr. 3163-68, 3286-87,3323-24. Other defense witnesses rebutted the Commonwealth's case, among them Girard Smith who witnessed a black SW driven by a white male careening from Worthington's driveway on the day she was discovered as well as Keith Amato, Dx. Richard Saferstein and Eric Kinton. The trial court charged the jury on November 7, 2006. Tr. 3593-3663. Six days later, with McCowen's assent, the judge closed the courtroom to the public and relayed that during the weekend, the boyfriend of Juror Number 4, Rachel Huffman, a Caucasian Town of Falmouth employee, had been arrested ovex the weekend. Tr. 3701- 03, 3710. The trial court subsequently questioned each juror about the Hicks incident. Tr. 3709. Yuror o'Connell said she saw a picture of Buffman's boyfriend on the news, then contacted juror Eric Gomes and Foreman Dan Patenaude, who'd also seen the report. Tr. 3706-15. After questioning eleven jurors, the trial court addressed Huffman: -12-
Page 1 and 2: COMMONWEAITH OF MASSACHUSETTS SUPRE
Page 3 and 4: TABLE OF CASES Commonwealth v. DiGi
Page 5 and 6: Commonwealth v. Laguer 410 Mass. 89
Page 7 and 8: Commonwealth v. Freeman 407 Mass. 2
Page 9 and 10: Turner v . Safley 482 U.S. 78 (1987
Page 11 and 12: on November 16, 2006 App. 52. That
Page 13 and 14: inquired about Arnold's leering at
Page 15 and 16: something and another witness descr
Page 17 and 18: ejected that argument. App. 20-22.
Page 19: Lemire: We ran two. One standard wa
Page 23 and 24: counsel's request, the trial court
Page 25 and 26: people, referring to African-Americ
Page 27 and 28: factual findings of the unavailable
Page 29 and 30: time-of-death evidence and competin
Page 31 and 32: Diaz, the U.S. Supreme Court overru
Page 33 and 34: 13, 2006, the trial court conferred
Page 35 and 36: necessary "good cause," was reversi
Page 37 and 38: perfunctory dismissal was error. "A
Page 39 and 40: the trial judge's reasons fox refus
Page 41 and 42: judge. Kamara, 422 Mass. at 620; Te
Page 43 and 44: (whether the defendant or the polic
Page 45 and 46: interrogators less likely to use co
Page 47 and 48: a a 0 a 0 1) 0 0 poverty, inebriati
Page 49 and 50: counsel in opening, questioning, an
Page 51 and 52: post-verdict dinner with the prosec
Page 53 and 54: L D D D D B D D I I find ,. [an] af
Page 55 and 56: she "misled the court," was cast in
Page 57 and 58: juvenile, probation, arrest and cri
Page 59 and 60: trial. Despite repeated requests, t
Page 61 and 62: Worthington when he attacked two to
Page 63 and 64: e a 0 The trial court's denial of t
Page 65 and 66: 0 e 0 0 0 Q Q D B other; if with on
Page 67 and 68: (1983). The trial court‘s media p
Page 69 and 70: These questions opened the door to
Page 71 and 72:
fX. THESE VERDICTS c. 278, §33E. S
Page 73 and 74:
job was to help jurors understand i
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Appellant McCowen Brief - Mass Cases

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