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01/26/2008: "Racism claimed in case of trash collector killer"

The fate of a black trash collector convicted of murdering a well-known white fashion writer now rests with the judge who heard the case, which aired live on In Session (then Court TV) last year.

Barnstable Superior Court Judge Gary Nickerson yesterday heard juror testimony in a rare public hearing to decide whether racial bias tainted the jury.s decision.

Judge Nickerson is facing unchartered legal territory as he weighs whether to grant a new trial to Christopher McCowen.

http://insession.blogs.cnn.com/2008/01/18/race-class-and-murder/

Investigators moved then to those who knew her in passing, such as handymen working in the area or friends of acquaintances. That's when they came to McCowen, who picked up Worthington's trash once a week.

At the time, McCowen was not on the top of their list, even though he had a record of convictions in Florida ranging from grand theft auto to trafficking stolen property and had at least three restraining orders issued against him in Massachusetts.

http://archive.capecodonline.com/special/worthingtontrial/thetactics22.htm


A swab taken from Worthington's right breast after her stabbing death revealed DNA from McCowen, according to Christine Lemire, a part-time supervisor at the Massachusetts State Police Crime Lab. Lemire testified about 23 samples of DNA she tested from Worthington's body and evidence at the scene, as well as 49 DNA samples gathered from other individuals.

A vaginal sample showed mostly Worthington's DNA, but also a potential so-called ''minor'' match for McCowen. That means that less of his DNA than Worthington's was found in the sample, but his was still a one-in-1.1 billion match.

Neither of those two swabs contained any DNA from Jeremy Frazier, who McCowen said fatally stabbed Worthington through the lung.

Semen taken from the blanket matched DNA from Tim Arnold, the former live-in boyfriend who discovered Worthington's body and was once a prime suspect in her murder.

http://archive.capecodonline.com/special/worthingtontrial/dnareport28.htm

[ One of a series of "juxtapositions," where we put the media simplicity in direct contrast to the evidence itself. It's clear he was there at the time of her death and he is the most likely suspect in her killing. But if he's a minority, it must be racism. ]