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Jan 10, 2007 1:50 pm US/Eastern
Prosecutors In Worthington Murder Deny Racial Bias
BARNSTABLE (AP) ―
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Attorney Robert George (L) and Christopher McCowen (R)
CBS
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Christa Worthington was murdered in January 2002.
CBS/AP
Remarks allegedly made by several jurors who convicted a black trash collector of killing a white fashion writer may have been "insensitive," but did not show racial bias on the part of the jurors, prosecutors said.
An attorney for Christopher McCowen last month submitted sworn affidavits from three jurors who claim three other jurors made disparaging racial remarks about black people during deliberations.
McCowen was convicted in November in the 2002 rape and murder of Christa Worthington, a fashion writer who was found fatally stabbed in her Cape Cod home, with her 2-year-old daughter clinging to her body. The girl was not harmed.
McCowen, 34, who was Worthington's trash collector, claimed he had consensual sex with her but said a friend of his killed her.
McCowen's attorney, Robert George, is asking a judge to hold a hearing on the allegations as part of his bid for a new trial, arguing the three jurors were biased against McCowen and their remarks may have influenced other jurors.
But prosecutors say the remarks attributed to certain jurors do not indicate racial prejudice and do not rise to the legal standard necessary for a judge to violate the sanctity of jury deliberations by questioning jurors now.
One of the jurors, a black woman, claims a white female juror, while trying to convince fellow jurors that Worthington had been bruised during a struggle, said, '...when a big black guy beats up on a small woman' bruises of that size would happen."
Prosecutors said the white juror, known in court records as "juror Y," was simply expressing her opinion of the evidence.
"This statement is an accurate reflection, however insensitive, of the evidence that was before the jury, and could well have been juror Y's view of the evidence before her," prosecutors said in their written response, filed Tuesday in Barnstable Superior Court.
"Perhaps another juror would have used the term 'African-American,' or not used any descriptor at all. There may be a more sensitive method of articulating one's views," the prosecutors wrote. "However there is no indication of racial prejudice or bias."
(© 2006 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)
