Commonwealth v. McCowen
458 Mass. 461
| Mass. | 2010Background
- McCowen was convicted of first-degree murder (extreme atrocity or cruelty and felony-murder), aggravated rape, and aggravated burglary; posttrial motions for new trial denied.
- Victim Christa Worthington found dead January 6, 2002 in Truro; scene showed a brutal stabbing and sexual contact evidence; driveway and path injuries suggest a struggle.
- DNA evidence linked defendant to the victim; defendant initially denied knowing victim, later admitted to various acts, with multiple versions presented during interrogation.
- Interrogation occurred after arrest; Miranda rights read twice; interview lasted six hours and was not recorded; voluntariness of statements contested but found voluntary by judge and affirmed on appeal.
- Grand jury controversy: one member knew the victim; motion to dismiss indictments denied after review of bias standard and disclosure issues.
- Pretrial motion for change of venue or juror sequestration denied; jury was protected through instructions and sequestration later during deliberations when bias concerns arose.
- A number of evidentiary rulings challenged on appeal include admission of prior bad acts, testimonial hearsay from autopsy, DNA charting issues, and a precluded defense expert statement; these were reviewed for prejudicial impact.
- A juror was removed after deliberations began due to a palpable conflict and media exposure; the removal was upheld as within the judge’s discretion.
- Postverdict accusations of racial bias among jurors led to a full evidentiary hearing; trial judge found no actual bias affecting impartiality; appellate review applied a two-step bias framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda waiver and postarrest statements | Miranda waivers not knowingly voluntary; statements were involuntary. | Waivers not knowingly or intelligently given; voluntariness challenged. | Waivers knowingly, intelligently, and voluntarily made; statements voluntary |
| Grand jury integrity and disclosure | Indictments tainted by juror bias and by concealed exculpatory information; indictments should be dismissed. | Grand juror bias insufficient; any concealment not material to probable cause. | Indictments not dismissed; no material impact from alleged disclosures or bias |
| Change of venue or juror sequestration | Extensive pretrial publicity warranted venue change or sequestration to ensure impartial jury. | Judge failed to protect fair trial rights; sequestration and venue change necessary. | Judge acted within discretion; no reversible error |
| Evidentiary rulings at trial | Admission of prior bad acts and certain expert testimony prejudicial; exclusion of defense evidence improper. | Evidence properly admitted with limiting instructions; hearsay issues improperly handled. | No reversible error; evidentiary rulings within trial court discretion; no miscarriage of justice |
| Deliberating juror removal and juror bias | Removal of deliberating juror undermines verdict; bias taint argued by affidavits. | Juror removal necessary due to palpable conflict and potential bias. | Removal within the judge’s discretion; no due process violation; no new trial required |
Key Cases Cited
- Commonwealth v. Cryer, 426 Mass. 562 (Mass. 1998) (humane practice rule; voluntariness of statements)
- Commonwealth v. Peters, 453 Mass. 818 (Mass. 2009) (independent review of voluntariness)
- Commonwealth v. Nardi, 452 Mass. 379 (Mass. 2008) (testimonial hearsay and DNA testimony framework)
- Commonwealth v. Barbosa, 457 Mass. 773 (Mass. 2010) (DNA evidence admissibility and expert testimony standards)
- Commonwealth v. Laguer, 410 Mass. 89 (Mass. 1991) (juror bias and voir dire testing)
- Commonwealth v. Amirault, 399 Mass. 617 (Mass. 1987) (impartial jury; juror bias post-verdict hearing)
- Commonwealth v. Fidler, 377 Mass. 192 (Mass. 1979) (juror testimony permissible re: external influences)
- Commonwealth v. Kincaid, 444 Mass. 381 (Mass. 2005) (two-step analysis for juror bias and outside influence)
- Commonwealth v. Garrey, 436 Mass. 422 (Mass. 2002) (discharge of deliberating juror; palpable conflict)
- Commonwealth v. DiGiambattista, 442 Mass. 423 (Mass. 2004) (recording of custodial interrogation and voluntariness)