Appellant McCowen Brief - Mass Cases

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process, Change of venue, jury county, or sequestration should selection from another have been ordered. See Commonwealth v. Aldoupolis, 390 Mass. 428 (1983). VI1I.TAE COURT ERRED IN THE RESTRICTIOW OF DR. BROWN'S TESTIMONY AND ADMISSIOW OF BAD ACTS EVIDEUCCE. It has been stated "[h}ow far the cross-examination of a witness may be deemed helpful and relevant . as well as to what extent the accuracy, veracity or credibility of witnesses may be tested, must be Left largely to the sound discretion of the presiding judge, and is not open to revision, unless ... such di,scretion has been exercised in a way that results in the prejudice of a party ... by reason __ of too narrow restriction or too great breadth of inquiry. Commonwealth v. Vardinski, 438 Mass. 444 (2003); Commonwealth v. Civello, 39 Mass, App. Ct. 313 (1995). However, I' [ c ] ross- examination for the purpose of showing falsity of other testimony of the witness or bias and prejudice on his part is a matter of right." Commonwealth v. Russ, 232 Mass, 58, 79 (1919), The court may not bar examination about material matters, even if it elicits testimony not otherwise admissible. The prosecutor asked psychologist Eric Brown about McCowen's ability to sketch the interior of Worthington's home during his interrogation. Tr. 3286-87,3291-3306. -59-
These questions opened the door to a portion of Dr. Brown’s interview with McCowen, but the court erroneously precluded re-direct on that issue, Leaving the jury with the impression that McCowen knew the home because he committed the crime. Circumstances surrounding that sketch were material, not collateral. See RUBS, supra. Yet when defense counsel attempted to address th.e issue, the trial court shut him down, then went further, daring McCowen to take the stand instead of trying to “back- door” evidence of his consensual sexual relationsihip with the victim and presence in the home before her death. Tr. 3306,3328-3330. This blatantly adversarial behavior was an abuse of discretion, resulting in “the prejudice of a party ... by ... too narrow restriction ... of inquiry. “ Vardinski, supra. It “went to the heart of the defense,” civello, supra. It was clear, reversible error. The trial court also erred when it allowed Detective Mason to testify that prior restraining orders influenced his arrest of McCowen for murder, taunting that the defense had “made [its] own bed.“ Tr. 2025. Prior misconduct may not be admitted to prove a propensity to commit an indicted offense. commonwealth v. C!halifoux, 362 Mass. 811, 815-16 (1973). This highly prejudicial evidence is not admissible to establish general criminal tendency or bad character. Commonwealth v. Turner, 393 -60-
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COMMONWEAITH OF MASSACHUSETTS SUPRE
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TABLE OF CASES Commonwealth v. DiGi
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Commonwealth v. Laguer 410 Mass. 89
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Commonwealth v. Freeman 407 Mass. 2
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Turner v . Safley 482 U.S. 78 (1987
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on November 16, 2006 App. 52. That
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inquired about Arnold's leering at
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something and another witness descr
Page 17 and 18: ejected that argument. App. 20-22.
Page 19 and 20: Lemire: We ran two. One standard wa
Page 21 and 22: instant case. Tr. 3427-29. The tria
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: (1983). The trial court‘s media p
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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