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Nov 14, 2006 5:30 pm US/Eastern
Judge Dismisses Juror In Worthington Murder Trial
BARNSTABLE (CBS4) ―
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Defendant Christopher McCowen (r.) and his attorney Robert George (l.)
CBS
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Barnstable Superior Court Judge Gary Nickerson after he dismissed the juror Tuesday morning.
CBS
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Christa Worthington (File)
CBS/AP
The judge in the Christa Worthington murder trial removed one of the jurors Tuesday morning after recorded phone calls revealed she was talking about media reports of the trial with her boyfriend, who is in jail.
The attorney for defendant Christopher McCowen quickly sought a mistrial, but Barnstable Superior Court Judge Gary Nickerson denied the motion.
The female juror was dismissed after Nickerson heard tape recorded phone conversations she had with her boyfriend, who is being held as a suspect in a recent shooting in Falmouth. In the calls, she allegedly said police officers were "dumb" and she discussed Court TV reports about the trial.
Nickerson replaced the woman with an alternate female juror and ordered the jury to start their deliberations from the beginning.
Concerns about the juror first surfaced Monday morning, but the judge spoke to her and the attorneys and decided to keep her on the case.
However, in two phone conversations recorded Monday night between the juror and her boyfriend, Kyle Hicks, 23, a suspect in a shooting over the weekend, the juror disparaged police officers for interviewing her about him, and spoke of Court TV coverage of the Worthington case. Hicks is being held in the same Barnstable jail as McCowen.
Nickerson said the juror, when questioned by him Monday, had said she had only a distant relationship with Hicks. The judge also agreed with prosecutors that she had ignored his admonitions to avoid media coverage, and that her statements showed a potential bias against police, requiring her removal from the jury.
Nickerson told the remaining jurors the woman was being removed for personal reasons unrelated to the case, and ordered them to start deliberations from the beginning. He warned them to destroy any charts or paperwork from their earlier deliberations and said that simply bringing the new juror up to speed would not be enough.
Defense attorney Robert George said dismissing a juror at this time changes the composition of the jury and destroys his client's right to a fair trial. Nickerson disagreed.
McCowen is charged with the rape and murder of fashion writer Christa Worthington at her Truro home in January 2002. The jury reported Monday that it was deadlocked, but the judge ordered them to continue deliberating and sequestered the panel in a hotel Monday night.
There is now just one remaining alternate juror in the trial.
The judge is also upset with the media.
Nickerson banned all cameras from the courthouse complex after two incidents Tuesday morning.
The first came when George used the dismissed juror's name in open court. It was broadcast live on Court TV and then the Cape Cod Times published her name on its website.
When the judge found out he ordered contempt hearings for Wednesday morning for both media outlets.
The second incident happened when the dismissed juror left the courthouse. She was swarmed by reporters and photographers who took her picture and videotaped her.
Nickerson apparently felt that was too much, so he banned the cameras.
(© 2006 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)
