Appellant McCowen Brief - Mass Cases

people, referring to African-Americans as "niggers."
MNTR. 2/1/08, 11-13,20. She said that Gomes had
expressed racist views for years and had serious
problems with his own African-American heritage. MNTR.
2/1/08, 11-19.
Despite the mountain of testimony, the trial court
denied McCowen's motion. App. 211. His subsequent motion
for a new trial, based upon the Comnwealth's failure
to disclose exculpatory evidence including but not
limited to Jeremy Frazier's 2003 arrest, App. 251, was
also denied. App. 550. McCowen filed timely Notices of
Appeal. App. 52-54.
Z. THE COURT'S ALLOWANCE OF A MEDICAL EXAMINER AWD A
DNA AWALPST WHO DID NOT PERFORM THE
ORIGINAL EXWIWaTIOWS AWD TESTING WAS ERROR.
Commonwealth pathologist Henry Neilds shouldn't
have testified to factual data in an autopsy report
written by pathologist James weiner. Tr. 1238-40. Crime
Lab Supervisor Christine Lemire also should not have
testified to facts and conclusions in DNA test reports
when she did not conduct those tests. Tr. 2527-30.
The Sixth Amendment to the U.S. Constitution and
Article 12 of the Massachusetts Declaration of Rights
guarantee the accused a right to confront a11 witnesses
against him, a "bedrock procedural guarantee that
applies to all federal and state prosecutions. Crawford
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