Nov 16, 2006 12:18 pm US/Eastern
Trash Man Guilty Of Fashion Writer's Rape, Murder
BARNSTABLE, Mass. (CBS) ―
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Christopher McCowan broke down moments after the jury read their verdict.
CBS
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Christa Worthington (File)
CBS/AP
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Barnstable Superior Court Judge Gary Nickerson
CBS
A former trash collector was convicted Thursday in the rape and murder of a fashion writer who was found lying in a pool of blood in her Cape Cod home with her 2-year-old daughter clinging to her body.
Christopher McCowen, 34, was found guilty of first-degree murder, rape and burglary in the January 2002 killing of Christa Worthington, 46, by a jury that deadlocked after five days and was forced to start deliberations anew Tuesday after one member was replaced.
Judge Gary Nickerson scheduled sentencing for 2 pm. The conviction carries an automatic sentence of life in prison without parole.
McCowen bowed and shook his head as the verdict was read.
McCowen, who was Worthington's garbage man, initially denied having any physical contact with her. But after police told him his DNA was found on her body, McCowen said he had consensual sex with her and beat her, but that his friend had plunged the knife through her chest.
"We put the boots to her," McCowen said, according to police. His friend was never charged.
McCowen's defense attorney Robert George reminded jurors that police had focussed on Worthington's former boyfriends during a three-year investigation before arresting McCowen in April 2005.
George said police only decided Worthington was raped because they could not believe that McCowen -- a black, uneducated garbage man -- could have had consensual sex with Worthington -- a white, sophisticated woman who worked for years as a fashion writer in New York and Paris.
George also said police failed to seriously consider a report from a neighbor who said he saw a white man driving a dark-colored van or truck speeding out of Worthington's driveway about 12 hours after police believe she was killed.
Although McCowen's friend, Jeremy Frazier, was never charged in Worthington's death, the jury was instructed that they could find McCowen guilty of murder even if they believed his story that Frazier actually killed Worthington. Under the state's joint criminal venture theory, if the jury found that both men participated in the killing, they could hold McCowen responsible.
The original jury in the case deliberated more than 28 hours over five days before declaring Monday they were deadlocked. Judge Gary Nickerson sequestered them and ordered them to keep trying, but on Tuesday removed a juror who was recorded talking to her jailed boyfriend about media reports of the case and disparaging police officers, raising concern about bias.
The juror was replaced, and the jury had to start anew their deliberations Tuesday afternoon.
At the time the judge removed the juror, the defense said the move destroyed his client's chances for a fair trial.
(© 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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