DA CONDUCT - PAGE 4
Cape Cod Voice Articles on DA O'KEEFE
CHRISTOPHER McCOWEN Gets stabbed in jail by some 58 Year old "WHITE" thug on June 9th, 2008 - Right after this article comes out!
Post-trial: DNA tests, appeal in works
November 18, 2006
Post-trial: DNA tests, appeal in works
By HILARY RUSS
Cape and Islands District Attorney Michael O'Keefe said yesterday he would test some of the DNA samples in the state police crime lab that were not previously tested, but not because he expected to gain any new information.
''I have asked that certain testing be done only because it became such a large issue at the trial,'' O'Keefe said. ''I want to see that those who have questions, even though we may not feel that they are persuasive at all, attain some level of satisfaction.'' (NOTE: AS this day 7-27-08 - THIS HAS NEVER BEEN SATISFIED TO THE PUBLIC THAT HAVE LOTS OF QUESTIONS!)
One piece of evidence in particular - the external vaginal swab collected from Worthington's body - came up in trial when an expert for the defense, Richard Saferstein, pointed out that though it tested positive for semen, it had never been DNA tested for a match to McCowen or anyone else.
''We have a big question mark here that could have readily been solved with that one specimen,'' Saferstein testified.
O'Keefe said the issue is a red herring and that protocol at the crime lab is to test only internal vaginal samples, which can prove penetration and hence rape charges. ''The laboratory's experience is that what comes out is a seepage or a drainage,'' O'Keefe said.
''If it results in a change of (crime lab) protocol in some cases, that's a perfectly appropriate thing,'' he said.
O'Keefe said his office will not investigate or charge anyone else in the murder, including Jeremy Frazier. McCowen told state troopers that after he had consensual sex with Worthington, Frazier was the one who actually grabbed a knife and stabbed her through the lung, killing her.
During the trial, Saferstein also said that blue and white fibers found on Worthington's genital area were not tested by the crime lab. Frazier was seen on video wearing a blue and white sweater the night prosecutors believe Worthington was killed.
But O'Keefe said he had no intention of testing those fibers. ''I don't find those persuasive,'' he said. ''Fibers are very generic. Many people have sweaters with blue and green or whatever the colors were. You can conjure up any kind of expert these days to say anything.''
CBS News website - Forensics 101
HAIR AND FIBERS
"Hair deteriorates slowly, and so can be particularly useful as evidence. Hair can reveal race, as well as whether the strand was removed by force. Lab tests on hair can show whether a person took certain drugs or ingested chemicals. Fibers are often even more useful evidence than hair, because it is much easier to precisely identify them."
Exculpatory Motion filed 11-26-07! The motion/document speaks loud and clear about DA O'keefe and his office (See link above), ADA-Prosecutor Welsh (Now Judge appt. by Mitt Romney 12-2006 right after this trial) and his Dad former Judge Welsh ("Man of the People" - See link above) of the Orleans Court handled the dispostions in all these cases! Certifying to the Court and Defense that they had handed everything over when in fact they knowingly hadn't - is a VERY BIG DEAL and fits right into the rest of the conspiracy that has been the major part of this crime and case from the onset! See the Exculpatory Motion filed 11-26-2007 and the author Peter Manso who has been writing a book about this crime and case discovered much of this exculpatory material was then setup a month laterby an errant home alarm going off and then arrested for guns that were out of registration!
A few excerpts:
"In the aftermath of these filings, this court held several discovery conferences on February 10, 2006, April 7, 2006 and October 11, 2006 resulting in the Commonwealths filing of a Discovery Compliance Certificate on October 11, 2006. However, despite these procedures and specific discovery requests, all of the evidence listed in the following paragraphs was known to the Commonwealth about its own witnesses and still withheld from the defendant, bringing us to this point."
"THE WITHHELD EVIDENCE
The following evidence, uncovered through the efforts of journalist Peter Manso during his research for his upcoming novel on the Worthington homicide case, was deliberately withheld from the defense by the prosecution prior to and during the defendants trial. This critical information was known to the government, was clearly discoverable, was requested by the defendant yet still withheld from the Court and the defendant by the prosecution.
In what appears to be an unsettling pattern of uncanny commonality, the same investigators, arresting officers, defendants/witnesses and prosecutors thread through all of the withheld evidence. At the very least, this data was undisclosed and was likely deliberately withheld by the same District Attorneys Office that handled most of the challenged cases. In other words, the District Attorneys Office must have known about the evidence and there is no possible reason that the Commonwealth would fail to produce such evidence other than with the intent to deliberately suppress it."
The importance of these witness backgrounds and the related laboratory evidence to the defense in this case is clear. Frazier and his associates, not McCowen, were the suggested culprits in this homicide as part of the defense and almost all were present at the Thomas Bilbo party in Eastham on January 4, 2002, only a short time before the alleged stabbing of Christa Worthington. The Commonwealth claimed at trial that it also was at this party that Frazier, Mulvey and others, including most of these witnesses, engaged in a violent brawl and then allegedly went home to bed rather than to Worthingtons house, a place well known to Frazier due to his employment at Magnum Movers."
Copyrights belong to there respective owners and my own story is as well - Copyright 2009 - Eternity - Kevin. M. Mulvey - NY, NY