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Updated Oct. 23, 2006, 5:42 p.m. ET
Knife wound killed Cape Cod writer, but rape unconfirmed, pathologist says


Dr. Henry Nields
Dr. Henry Nields testified in place of a sick colleague Monday about the autopsy performed on Christa Worthington.

BARNSTABLE, Mass. — A pathologist testified Monday that Christa Worthington, the fashion writer murdered on Cape Cod, was killed by a knife wound to her chest, but he said an autopsy could not determine whether she was sexually assaulted or pinpoint the time of her death.

Dr. Henry Nields told jurors at the trial of Christopher McCowen, a trash collector accused of Worthington's rape and murder, that she had likely been dead for 24 to 36 hours when a colleague from the state medical examiner's office examined her at the crime scene.

Nields said, however, that the time frame was only an estimate and depended on several unknown variables, including the temperature in Worthington's seaside cottage after the murder.

The 46-year-old's body was discovered in her home Jan. 6, 2002, about two days after she was last seen alive. Her 2 1/2-year-old daughter, Ava, was found unharmed, clinging to her body.

Semen at the crime scene was matched to the DNA of McCowen, an ex-convict who worked for the garbage company that picked up Worthington's trash every week. The 33-year-old initially denied involvement in her murder. He later said he had gone to her house for consensual sex but afterward assaulted her with a friend. Investigators have said they believe McCowen, acting alone, raped and killed her. He faces a mandatory life sentence if convicted.

Because the pathologist who visited the crime scene and performed Worthington's autopsy was ill and unavailable to testify, prosecutors called Nields to detail his findings in his colleague's report.

He told jurors Worthington had bruises and cuts on her head, face, hands and torso, and the lone fatal knife wound from a one-inch-wide blade. He said the killer plunged the knife all the way through her body, penetrating her lung. The tip, he said, exited out her back and nicked the floor. Death likely came "in a matter of minutes," he said.

Nields said he was unable to determine if Worthington was sexually assaulted.

On cross-examination, McCowen's defense attorney suggested there was no evidence of any sexual assault. He noted that McCowen outweighed the 110-pound victim by 90 pounds, but the autopsy did not find traumatic injuries to her genitals, only a small amount of blood.

Nields noted that rape victims do not always have traumatic injuries.

The pathologist also conceded that the origin of the blood was unknown. He said it may have been caused by menstruation, infection, rape or her daughter, who smudged blood on her mother's body in an apparent attempt to clean her.

McCowen's lawyer also seized on the physician's testimony about the time of death. In a statement to the police, the defendant acknowledged going to the victim's house for sex at 1 a.m. the day before the murder, 43 hours before the pathologist's examination.

"It does not appear Christa Worthington died prior to 8 a.m. Saturday, does it?" George asked.

The witness reiterated the difficulty in determining time of death, saying, "I really can't say."

"What are you here to testify about, then?" the lawyer snapped.

Jurors also heard from a state police trooper who lifted fingerprints from the crime scene. Lt. Monte Gilardi said most of the prints matched the victim, rescue workers and investigators, but there were two palm prints that could not be identified. He said McCowen's prints were not found at the scene.

During cross-examination, McCowen's lawyer asked the lieutenant if he had tested the palm prints against those of Tony Jackett, the married man who fathered Worthington's daughter. At first, Gilardi said he had, but after looking through his case file for a report clearing Jackett, he said he had been wrong.

"As near as I can tell, I don't have it," he said.

Gilardi also told jurors that McCowen was cooperative, comprehending and steady on his feet when the officer fingerprinted him shortly after his arrest. The witness said the defendant volunteered to write down a list of his aliases and had no trouble walking or talking.

"I would say he was as sober as he could be," Gilardi said.

The testimony is important for the prosecution, because McCowen's defense claims he was "wasted" on prescription drugs and marijuana when he was interviewed by police, and the incriminating statements he gave are false.

The courtroom was crowded Monday, in part because of the presence of two criminal justice classes from the nearby Cape Cod Community College. The judge welcomed the young visitors and their teacher in the morning. In the afternoon, however, a weary-looking Judge Gary Nickerson told those seated in the gallery that, while the trial was open to the public, "all will observe some basic levels of decorum."

"Bare midriffs are not permitted on women. Bermuda shorts are not permitted on men," he said. Also forbidden, the judge said, were hand-holding and "lovey-dovey faces."

Testimony continues Tuesday. The trial is being aired on Court TV and streamed live on Court TV Extra.



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