Appellant McCowen Brief - Mass Cases

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other; if with one grand juror, then with all; j.f by one
person, then by many persons; if in one case, then in
all cases.”
Grand jurors hear evidence only in support of the
charge and ought never to hear any other evidence than
that produced by the government. This juror knew the
victim, her daughter, and suspect Tony Jackett, but hid
her personal ties, sat on the grand jury, and voted to
indict McCowen. When she belatedly revealed the conflict
in camera, she admitted being so traumatized by gruesome
crime scene photos that she missed work and sought
counseling. This “extraordinary circumstance” demanded
action; the indictments should have been dismissed
before trial. Commonwealth v. Freeman, 407 Mass. 219,
282 (1990) citing Commonwealth v. Lammi, 310 Maw. 159,
163-64 (1941).
During trial, Frazier falsely claimed he had ( 1) no
criminal record and (2) a solid alibi, having spent the
night and morning of January 4-5, 2002 at Shawn Mulvey’S
Eastham home. Tr, 2110-2113. The Commonwealth knew that
Mulvey had initially denied it, yet allowed Frazier to
feed his clean version to the grand jury. After Mulvey‘s
trial testimony, MCCOwen moved to dismiss the case for
the withholding of Mulvey‘s claim of ignorance of
Frazier‘s alibi when police first interviewed him from
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