Cape Cod Murder

Police failed to test DNA of all evidence at scene

Jury may get the case on Monday, Jury won't visit crime scene
McCowen's girlfriend takes stand but doesn't testify, Witness testifies some DNA not tested

At the close of the trial in Barnstable on Thursday, Judge Gary Nickerson (on right) spoke to the jury and told them that the testimony is moving along faster than expected, and that they might get the case as early as Monday afternoon.

^{Judge Nickerson addressing the jury late Thursday>>>}

Earlier the defense withdrew its request for the jury to visit the crime scene.

Later in the afternoon, Catherine Rio Cisneros (shown below on right) who was and still is Christopher McCowen's girlfriend took the witness stand, but aster a sidebar conference, she was not sworn in and left the court.

She was seen weeping outside.

Closing arguments are scheduled for Monday.
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LISTEN and SEE NECN video of trial here.
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Evidence hit in Cape slay trial
Forensic expert alleges omissions

BARNSTABLE -- Investigators in the slaying of Cape Cod fashion writer Christa Worthington never analyzed a bloodstained towel and a shower mitt found in her bathroom, or semen and hair found on her body, evidence that could have shed light on her killing, a forensic expert told jurors in the murder trial yesterday.

National forensic science consultant Richard Saferstein, who has written textbooks and had headed the New Jersey State Police crime lab for 21 years, acknowledged in Barnstable Superior Court yesterday that some DNA collected at the crime scene matched that of the defendant, Christopher McCowen, the trash collector accused in the 2002 murder. But Saferstein , testifying for the defense, strongly criticized investigators for not analyzing more evidence collected at the scene and said they left other important evidence behind.

"I have a problem with some serious omissions in terms of physical evidence collected [and never tested] and of physical evidence left at the crime scene," Saferstein said.

Investigators will never know if semen collected on Worthington's body matched someone other than McCowen, he said. A strand of hair found on her breast clearly did not belong to McCowen, who is African-American, and DNA analysts made no effort, Saferstein said, to compare blue-and-white fibers found on Worthington with a blue-and-white sweater worn by Jeremy Frazier, the man McCowen says killed Worthington...

Read the rest of this Globe story here.
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Toddler's Accounts Of Worthington's Murder Revealed

NewsCenter 5's Amalia Barreda reported that the jury also heard the words of Worthington's daughter, Ava, who desperately tried to help her mortally injured mother.

"Do you recall reviewing a report with a direct quote from Ava, 'Mommy won't get up. Tried to get mommy up. Mommy dirty. Tried to clean mommy'?" prosecutor Robert Welch asked a defense forensic expert.

It was the first time Ava's words after her mother's murder had ever been revealed. The 2 ½-year-old was found clinging to her mother's dead body... See the WCVB channel 5 video and story here.
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Defense witness: Key piece of evidence untested at scene of Christa Worthington's murder

BARNSTABLE, Mass. — Investigators probing the rape and murder of fashion writer Christa Worthington failed to test a key piece of evidence, a defense witness testified Thursday.

The evidence — a swab from outside Worthington's body that tested positive for the presence of semen — was one of four pieces of evidence that should have been analyzed in the months after the January 2002 killing, said Richard Saferstein, a forensic expert who has written and lectured extensively on the subject.

"I think there were some very serious omissions," said Saferstein, former head of the New Jersey State Police crime lab.

Sperm found inside the 46-year-old victim's body matched defendant Christopher McCowen's DNA. The 34-year-old garbage collector told police he had consensual sex with Worthington days before the killing; later, he said a friend named Jeremy Frazier plunged a knife in her chest...

Christa's cousin testifies about relationships of victim 

 Worthington's cousin testified Thursday that Worthington would have told her if she was romantically involved with anyone. Called to testify for the defense, Pamela Worthington-Franklin said she was in shock and does not recall telling police the day after the killing that Worthington was not concerned about a man's looks, social, economic or marital status.

"I don't recall saying those words," she said.

Defense lawyer Robert George appeared to be trying to counter his fear that jurors could convict McCowen if they believe a sophisticated, wealthy white woman would never consent to sex with a black garbage collector with an IQ below 80...Read the rest of this CourtTV story here.
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McCowen's 76 IQ impaired his understanding of Police questioning
Keep up to date with Elizabeth White's blog at WCAI, the Cape and Islands NPR station.

Dr. Eric Brown (on right) was on the stand when courted ended for the day. Brown is a forensic psychologist who examined McCowen for a total of over fourteen hours while McCowen was at the house of corrections. Brown testified McCowen's verbal IQ is 78. By definition, 100 is an average IQ. Brown testified that McCowen's IQ would "severely limit" his ability to focus, remember, and respond meaningfully during a six hour interrogation (the length of time McCowen was questioned following his arrest in April of 2005, during which time he told police he'd had sex with Worthington and watched his friend stab her). Brown said "McCowen lacks a good understanding of language and conversation." Brown has yet to be cross-examined.

Jury won't visit crime scene
The defense retracted its request for the jury to view the Worthington property. Judge Nickerson said that testimony could be over by tomorrow and closing statements could be given on Monday...
Dr. Richard Saferstein has just testified regarding what he characterized as an incomplete forensic analysis of the Worthington crime scene... Saferstein said that, in addition to the internal vaginal swabbing, the semen contained in the external genital swabbing of Worthington should have been subject to DNA analysis because it would have shed light as to the time of deposition. Saferstein also said "it would have made a whole lot of sense" to compare the blue and white fibers found in Worthington's pubic hair to the blue and white fibers of the Nautica sweater Jeremy Frazier was to known to be wearing on the alleged night of the murder; the sweater was turned over to the crime lab following McCowen's arrest. Saferstein tapped a pointer on a large cardboard display which enumerated items found at the crime scene which he felt should have been tested further. Among them were blood found on the bathroom sink, and a bloody washcloth on the bathroom floor... Read the rest of  this blog here.