Appellant McCowen Brief - Mass Cases

fX. THESE VERDICTS
c. 278, §33E.
SHOULD BE REVERSED PURSUANT TO G.L.
When reviewing a capital case, this Court must
scrutinize the law and facts to insure a just result.
G.L. c. 278, S33E; Commonwealth v. Tcmey, 385 Mass. 575
(1982). The standard of review is broad, Commonwealth v.
Chaisson, 383 Mass. 183 (1981), enabling this Court to
decide these verdicts were rendered against the weight
of the evidence, in the non-technical sense, and prevent
a miscarriage of justice. Commonwealth v. Ahon, 387
Mass. 599 (1982); Commonwealth v. Cartagena, 386 Mass.
285 (1982). McCowen's constitutional right to a fair
trial by an impartial jury was here violated repeatedly.
His convictions are a miscarriage of justice and must be
reversed. Commonwealth vI Wright, 411 Mass. 678, 681
(1992); Commonwealth v. Sylvester, 400 Mass. 334, 336
(1987). Extraordinary intervention is warranted by the
foregoing and by the following facts.
McCowen moved to suppress DNA test results because
his probation officer Joseph Casey called him to his
office about an unrelated matter and basically forced
MCCOWen to submit. McCowen's consent was not consent at
all; results from that swab should have been excluded.
Commonwealth V. Selby, 420 Mass. 656, 663 (1995);
Commonwealth v* Williams, 388 Mass. 846,856 (1984). App.
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