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Worthington Jury Asks Question About Police Tapes

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Nov 15, 2006 3:20 pm US/Eastern

Worthington Jury Asks Question About Police Tapes

BARNSTABLE (CBS4) ― The jury deliberating the fate of a trash collector charged with murdering a Cape Cod fashion writer asks for clarification on the rules regarding recorded police interrogations.

The panel asked Judge Gary Nickerson this afternoon if investigators can record a statement even when someone waives their right to be taped.

Christopher McCowen is charged with raping and murdering Christa Worthington in her Truro home in early 2002. During the trial, police testified that McCowen told them after his arrest that he didn't want to be recorded during interrogation.

In response to the jury question, the judge said under state law, no one can be recorded without their knowledge. However, if the person is told they're being taped, that recording would be legal.

He also cautioned jurors that the issue of a recording is only one factor when determining whether someone made voluntary statements to police.

(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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