Judge to hear race bias claims
Latest twist in Worthington case
A Barnstable Superior Court judge has agreed to consider allegations that racially insensitive remarks by jurors tainted the conviction last fall of a black garbage man in the 2002 rape and murder of Christa Worthington, a white fashion writer from Cape Cod.
Judge Gary A. Nickerson said in court papers the allegations raise "grave issues which require careful, methodical attention from this jurist." If Nickerson finds that racist remarks had influenced the verdict, he could throw out the conviction of Christopher M. McCowen and order a new trial.
"The court's action in ordering a hearing is welcome news for Mr. McCowen," his lawyer, Robert A. George, said yesterday. "We requested that the court look into the obviously serious claims of juror misconduct and corrupted deliberation in the case. And this hearing should go a long way to delve into what happened here. In the end, we're hoping this injustice will lead to a new trial."
Michael D. O'Keefe , the district attorney for the Cape and Islands, who prosecuted the case, said yesterday that he would "let the process unfold."
"In light of the circumstances, it's not inappropriate that the judge have a hearing," O'Keefe said. "This is not the first time that issues like this have been addressed by the court, and it's entirely appropriate that the court thoroughly address them. I think that these are things that occur in trials of this nature and there is a tried-and-true method for examining the issues."
Nickerson's call for a hearing is the latest twist in the internationally watched murder case, in which both sides have traded allegations of racial insensitivity.
In agreeing to review what was said in the jury room, Nickerson is tackling questions of bias that are as elusive as they are important, said James W. Lawson , a Boston defense lawyer who was involved in a landmark 1979 Supreme Judicial Court decision concerning racial bias in jury deliberations.
"You're sort of probing the deepest recesses of hearts and souls and minds, and that's a difficult thing to do," Lawson said yesterday. "But it's something that has to be done in a case like this, where there is at least the specter of racism infecting the decision made by the jury."
McCowen was convicted in November of raping and killing Worthington, 46, whose secluded Truro bungalow was located on his trash-hauling route. Worthington, who had lived in Paris and New York before moving to the quiet, seaside town, was found stabbed to death in January 2002 with her 2-year-old daughter, Ava, clutching her body, smeared in blood but unharmed.
Days after the verdict, one black juror and two white jurors contacted George, saying that fellow jurors had made racist remarks . In sworn statements, they said the remarks nearly triggered a brawl. The jurors' statements said that others on their panel had called McCowen "an intimidating big black guy," who they feared was staring at them in court. They said another juror had commented that Worthington's bruises were predictable when a "200-pound black guy beats on a small woman."
In December, George called for a new trial.
O'Keefe objected to the request. He responded in court papers that McCowen's trial was still fair because the comments, even if they were insensitive, may not have influenced the verdict. O'Keefe also contended that George had made race an issue in the trial by arguing that the police had unfairly targeted McCowen as a suspect and dismissed McCowen's assertion that he had had a consensual sexual relationship with Worthington.
Last week, concerned that months had passed without a response from Nickerson, George complained that it was getting increasingly difficult to hold a hearing because one juror had moved out of state and another was planning to move.
On Friday, Nickerson agreed to a hearing, and asked O'Keefe and George for a list of questions for the jurors. George said yesterday that the jurors could attend the hearing, which has yet to be scheduled. "It's a welcome step forward," George said, "because it finally means the claims we're making are being taken seriously."
Michael Levenson can be reached at mlevenson@globe.com. 