Cape and Islands District Attorney Michael O'Keefe announced today the denial of the third post-conviction motion of Christopher McCowen following his conviction for the murder of Christa Worthington.
In the motion, Defense Counsel Robert George alleged through the affidavit of Dr. Stanton Kessler that the Chief Medical Examiner of the Commonwealth Dr. Henry Nields falsified Dr. Kessler’s signature on his application for Board Certification and that therefore when Nields testified at the trial he was being untruthful.
This smear was widely disseminated in 2010. The District Attorney’s Office asked the State Police to conduct an investigation into these allegations. That was concluded in 2011. Present counsel for Mr. McCowan sought to withdraw the motion because of the death of Dr. Kessler.
District Attorney O’Keefe asked that the court decide the motion on its merits based on the exhaustive investigation by Captain Christopher Mason of the State Police.
“Fundamental fairness led me to ask the court to make a decision on this motion on its merits. I felt at the time it was filed it was a disgraceful attempt to malign a fine pathologist and an honorable man. I’m glad the opinion is as forceful as it is” said O’Keefe.
Please click on the link below to view the Memorandum of Decision on Defendant's Third Motion for New Trial