Appellant McCowen Brief - Mass Cases

the identity of his cohorts, or even the very existence
of the case that lingered in local courts for a year
while investigators struggled to solve this one. Cross-
examination of Frazier and other witnesses would have
tied directly to this evidence. Tr. 2124-7,2240. A
specific instance oE conduct substantially similar to
the murder itself has direct relevance to the identity
of the true attacker. Commonwealth v. Pring-Wilson, 448
Mass. 718, 737 (2007).
This evidence was critical to McCowen's claims that
Frazier alone killed Worthington and that his
relationship with law enforcement shielded him from the
charge. When defense counsel tried to undermine Frazier's
credibility, expose his favored status with police, the
Commonwealth objected, then watched the perjury as
Frazier denied, denied and again denied ever having law
enforcement issues. Tr. 2123-2128. McCowen maintained
Frazier was the murderer, aided by criminal cronies who
were at the Bilbo party hours before the murder. The
Commonwealth allowed Frazier and other witnesses brawled
violently at that party, but claimed they then went
quietly home to bed, not to Worthington's house, a place
known to Frazier through his employment at Magnum Movers.
Frazier wielded the same type of weapon used to kill
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