Christopher McCowen

Case record: Christopher McCowen

Background

Christopher McCowen was an African American who was convicted in the 2002 rape and murder of Christa Worthington, a former fashion writer.

McCowen had been imprisoned in Florida from 1993-1998 for auto theft and burglary. Later, McCowen lived in Provincetown, Massachusetts and was a waste collector whose regular route included Worthington's home in Truro, Massachusetts.

Christa Worthington was 46. Her daughter, Ava, was 7½ at the time of McCowen’s sentencing, and Ava was found with her mother when the body was discovered in January 2002, unharmed and trying to care for her mother’s body.

The offence

In January 2002, Christa Worthington was raped and killed with a knife. Her body was found on her living room floor, half-naked, with a fatal knife wound through her lung.

The trial evidence described that McCowen robbed, raped and killed Christa Worthington. Ava, Christa’s daughter, was trying to nurse when Christa was killed.

Investigation

State police spent three years hunting for a killer.

The investigation later matched McCowen's DNA to a semen sample taken from Worthington's body.

Police matched McCowen’s DNA to a semen sample taken from Worthington’s body. Police dogs combed the neighborhood and nearby woods in search of a possible weapon or items that might have been taken from the house.

Police discovered a knife about a half-mile from Worthington's North Truro home and sent it to a state lab for DNA testing. Some investigators were skeptical it might be the murder weapon.

Arrest

State and Truro police began asking adult men in Truro if they would donate saliva for DNA testing. On the first day, 75 men volunteered their saliva.

State police detective investigating the death said the crime was solvable because of DNA left at the scene.

McCowen was arrested on April 14, 2005. He was 33 and was arrested at 7:15 p.m. at his home on La France Avenue in Hyannis. He was charged in connection with Worthington's death.

Police said a DNA sample, voluntarily provided by McCowen more than a year before, led to his arrest. Analysis of the sample was delayed by a backlog of work in state crime labs.

Trial

McCowen hired Robert George, 50, to be his attorney. George was a Boston-based lawyer and a familiar face on Court TV, and he had been involved with several high profile trials. On the prosecution side was Robert Welsh, 40.

McCowen pleaded innocent in Barnstable Superior Court to first-degree murder, aggravated rape and armed burglary. He was ordered held without bail pending a hearing July 6.

A bail hearing in Barnstable Superior Court set bail at $750,000 cash and $7.5 million in surety.

The prosecution set to protest bail setting for McCowen. Motions to be decided during the week’s hearings included a request for a change of venue in the trial and a request to suppress statements McCowen gave police on the night of his arrest.

Judge Gary Nickerson replaced Superior Court Judge Richard Connon, who was recovering from surgery for a broken leg suffered when he was run over by a golf cart. Nickerson was set to preside over McCowen’s murder trial if proceedings were held in Barnstable Superior Court.

McCowen’s murder trial began on October 16, 2006.

Jurors were sequestered after they informed the judge that they were deadlocked on November 13, 2006.

A juror was dismissed on November 14, 2006 after making a phone call to a jailed boyfriend.

The jury deliberated eight days before coming to a verdict. On the 24th day of trial and the eighth day of deliberation, the verdict came back.

McCowen was convicted of murder with extreme atrocity and cruelty and murder while committing felonies, aggravated rape and burglary.

The trial lasted five weeks, and issues of class, race, rush to judgment, bungled forensics and the existence of other suspects were raised by Boston defense lawyer Robert A. George.

Christa’s cousin Mary read a victim impact statement before sentencing:

''This is a case about the brutal rape and murder of Christa Worthington, and nothing else,'' said Christa's cousin Mary in a victim impact statement she read before sentencing yesterday. ''This is about a little girl losing her mother in the most heinous way imaginable.''

She continued:

''It is about the loss of a loving, vibrant woman,'' she said. ''There will never be closure, because Christa is never coming back to us.''

McCowen addressed the courtroom after the verdict and thanked the judge, court officers and others in the courthouse:

''Y'all showed me respect just like I showed y'all,'' he said. ''I feel sorry for the victim's family,'' he said. ''I never meant for this to ever take place.''

McCowen also stated that he did not kill Worthington:

But he also said he did not kill Worthington. ''I sat here, thinking to myself, why me,'' McCowen said softly. ''I'm an innocent man in this case. ... All this time I've been innocent.''

The clerk-magistrate asked the jury foreman:

''Is the defendant, Christopher M. McCowen, guilty or not guilty of any offense,'' the clerk-magistrate asked the jury foreman.

The foreman answered:

''We, the jurors, unanimously return the following verdict of guilty of murder in the first degree,'' the foreman replied.

After the verdict, the defense attorney Robert George said:

George was devastated by the verdict.

George also said:

''He was devastated by the verdict,'' George said of McCowen at a press conference on courthouse steps.

George stated:

''He was devastated by the verdict,'' George said of McCowen at a press conference on courthouse steps. George was taken aback because he believed enough reasonable doubt had existed for the jury to acquit McCowen.

George filed a motion and raised issues including experts Eric Brown and Richard Ofshe not being allowed to testify about some aspects of the case. George said:

Defense attorney Robert George also said he is appealing because experts Eric Brown and Richard Ofshe were not allowed to testify about some aspects of the case.

Regarding juror conduct and trial timing, George hinted jurors may have convicted McCowen only after Rachel Huffman was removed from the apparently hung jury after her boyfriend, Kyle Hicks, was arrested in a shooting in Falmouth over the weekend. George said:

''She gave us six weeks of her time, and now she's public enemy number one, and that bothers me most,'' George said of Huffman.

George said he filed a motion demanding Hicks' phone and visitor records from jail and implied investigators tampered with the jury. Prosecutors called that charge “ridiculous.” The district attorney’s office said:

George implied investigators tampered with the jury, a charge O'Keefe called ''ridiculous.''

Assistant district attorney Robert Welsh III said:

''I just thank God that it's over and that justice was done,'' said assistant district attorney Robert Welsh III, who tried the case with his trademark deliberate, methodical style.

Welsh III also said:

''It's a very good verdict and consistent with the evidence,'' said his boss, Cape and Islands District Attorney Michael O'Keefe, who praised investigators, the state police crime lab and even defense attorney George.

Jurors held a press conference and asked the press and public to respect their request to be left alone. The foreman asked:

He asked that the press and public respect their request to be left alone.

Sentencing

Judge Gary Nickerson sentenced McCowen to life in prison without the possibility of parole.

Christa’s cousin Mary read the victim impact statement before sentencing:

''This is about a little girl losing her mother in the most heinous way imaginable.''

The judge sentenced McCowen to three concurrent life sentences without parole for murder with extreme atrocity and cruelty and murder while committing felonies, aggravated rape and burglary.

Appeals

An appeal for a first-degree murder conviction was automatic.

George said he believed enough reasonable doubt had existed for the jury to acquit McCowen. He said he was appealing because experts Eric Brown and Richard Ofshe were not allowed to testify about some aspects of the case.

Outcome

McCowen was convicted by the jury of murder with extreme atrocity and cruelty and murder while committing felonies, aggravated rape and burglary.

Timeline

• Jan. 6, 2002 — The body of Christa Worthington, 46, was discovered in her Truro home by a former boyfriend, Tim Arnold; she may have been dead as long as 36 hours before she was found, with at least one stab wound to her chest; her 2 1/2-year-old daughter, Ava, was found with her, unharmed and trying to care for her mother's body.
• Jan. 7 — An autopsy was performed on Worthington's body; police dogs combed the neighborhood and nearby woods in search of a possible weapon or items that might have been taken from the house.
• Jan. 7 — Christa Worthington's father began proceedings in Barnstable to probate her will; Ava was in the custody of family friends, Amyra and Cliff Chase of Cohasset, and the Chases filed for formal custody of Ava on this date.
• Jan. 8 — Police interviewed Tim Arnold and Tony Jackett; both said they had nothing to do with the death.
• Jan. 9 — Investigators said they had not made any major breaks in the case.
• Jan. 10 — Judge Robert Scandurra ordered Tony Jackett to undergo a paternity test regarding custody of Ava; there was speculation about Worthington’s suspicion of her father's girlfriend, Elizabeth Porter, a 28-year-old ex-convict; Porter and Edward Hall took polygraph tests.
• Jan. 26 — Author Maria Flook signed with Random House to tell the story of Christa Worthington.
• Feb. 6 — DNA confirmed Tony Jackett's claim that he fathered Ava.
• Feb. 8 — A judge rejected Jackett's bid for custody because he had not been ruled out as a suspect; Amyra Chase and her husband retained custody of Ava for another 90 days.
• April — Christa Worthington's former lovers said they're off suspect list.
• April 11 — Truro murder was focus of ''48 Hours'' television newsmagazine.
• June 20 — Jackett and Chase signed a joint custody agreement before Barnstable County Probate and Family Judge Robert Scandurra.
• Aug. 8 — Police traveled to New York City to take DNA samples from Worthington's former boyfriend, Thomas Churchill.
• Dec. 3 — Worthington family posted reward in search for killer, estimated amount $25,000.
• Dec. 19 — Police were looking for man who had sex with Christa shortly before her murder; untraced DNA was sought.
• Jan. 9, 2003 — Family and friends offered a $25,000 reward for information leading to an arrest and conviction.
• May 2 — Controversy erupted when advance copies of ''Invisible Eden: A Story of Love and Murder on Cape Cod,'' by Emerson College professor and author Maria Flook, were released for review.
• May 3 — O'Keefe defended his tactics, but apologized to the Worthington family for his comments.
• June 18 — Worthington's family and friends claimed they were misquoted by Flook.
• June 20 — O'Keefe appointed a special investigator from Plymouth County.
• June 24 — ''Invisible Eden'' was published by Broadway Books.
• December — Worthington's former lover, Tony Jackett, agreed to sell depiction rights for a movie to be released nationwide in theaters.
• December — A knife was found about a half-mile from Worthington's North Truro home.
• March 20, 2004 — An Emmy-winning production company planned to make a documentary on the Christa Worthington murder for HBO.
• April 21 — $1.1 million offer was made on the four-bedroom, two bath house where Christa Worthington was stabbed.
• June 29 — The Worthington house sold for $962,500 to a Weston-based trust.
• Jan. 4, 2005 — State police detective investigating the death said the crime was solvable because of DNA left at the scene.
• Jan. 5, 2005 — State and Truro police began asking adult men in Truro to donate saliva for DNA testing.
• April 14, 2005 — State police arrested Christopher McCowen, 33, at 7:15 p.m. at his home on La France Avenue in Hyannis; he was charged in connection with Worthington's death.
• May — The man accused of killing Christa Worthington was being sued for $10 million by executors of her estate.
• May 17 — McCowen told investigators that he participated in the beating of Worthington and was present when she was killed.
• May 26 — McCowen hired Robert George, 50, as attorney.
• June 22 — Christopher McCowen pleaded innocent to first-degree murder, aggravated rape and armed burglary; he was ordered held without bail pending a hearing July 6.
• July 7 — Bail for McCowen was set at $750,000 cash and $7.5 million in surety following a hearing.
• Oct. 4 — Judge Gary Nickerson was set to preside if proceedings were held in Barnstable Superior Court.
• Oct. 16, 2006 — McCowen's murder trial began.
• Nov. 13, 2006 — Jurors were sequestered after they informed the judge that they were deadlocked.
• Nov. 14, 2006 — A juror was dismissed after making a phone call to a jailed boyfriend.
• Nov. 16, 2006 — McCowen was found guilty of murder with extreme atrocity and cruelty and murder while committing felonies, aggravated rape and burglary; the judge sentenced him to three concurrent life sentences without parole.

Other details

McCowen was convicted in the 2002 rape and murder of Christa Worthington, a former fashion writer.

The trial was covered nationally by the news media and was carried on a daily basis by Court TV.

McCowen walked into a packed courtroom on November 16, 2006 with tears already in his eyes; his attorney wiped his tear-stained cheeks; his girlfriend dabbed her eyes; cousin Pamela Worthington Franklin cried and dropped her head.

McCowen’s girlfriend collapsed onto the shoulder of a friend.

Mary stated:

''There will never be closure, because Christa is never coming back to us.''

A victim impact statement written by Ava’s legal guardian Amyra Chase included:

''I choose not to portray Ava as a victim,'' her legal guardian, Amyra Chase, wrote in her victim impact statement, despite the ''day and a half that was so traumatic and so horrific'' before the child was discovered next to her mother's corpse.

Chase wrote:

''Ava Maria Worthington has emerged from that night as a very bright, confident and engaging child,'' Chase wrote.

Chase wrote:

''Christa was robbed of the privilege and delight of raising her daughter.''