What 2 jurors say happened during Chris McCowen trial deliberations: Part 9

After Chris McCowen was found guilty on all charges, his former defense attorney said some jurors alleged racial bias on the panel.
7:28 | 11/25/17

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Transcript for What 2 jurors say happened during Chris McCowen trial deliberations: Part 9
starts at 4:30 A.M. Message Gerard Smith was a very well respected member of the community in truro. He was taking his morning constitutional on depot road. It was Saturday -- the day before Christa Worthington's body was found. And Smith saw a car tearing out of her driveway. The car was coming down here, didn't even put on brakes, it went right out through here, and kept on going. Just went 'woosh.' like that, and that was why it drew my attention. I turned ar/und to see who was driving the car. According to Gerard Smith, the driver of that car was a white man, not a black man. Gerard Smith was a compelling witness. Can you describe the person? He was caucasian. He was a little dark, but he was not black. It wasn't really given great weight by the commonwealth, because it didn't fit the scenario that they went to trial on. It's like, well then who could that have been? One thing is clear. That person who killed Christa Worthington or had something to do with killing Christa Worthington was white, and he wasn't Chris Mccowen. At trial, Bob George presented a different scenario for what happened the night Christa was murdered. He says Mccowan never went to the house after the juice but he was there the day before on Thursday that was garbage pickup day. He says he was on his route on a Thursday, Christa called him into her home because she wanted him to remove her Christmas tree. He says that one thing leads to another and they do have this encounter, but that it's consensual. And he didn't rape her because there's no evidence of rape. Chris says he didn't tell the police because she wanted it to be kept private. He said she wanted it to be a secret. It's absolutely possible that he had sex with her on Thursday, was not there on Friday, somebody else killed her, and then that's your bad guy, not him. There is nothing to suggest on her body that she was violently sexually assaulted. The autopsy did not use the word rape. There is no bruising. There is no tearing. There is no evidence of any violent sexual contact with the victim in this case in the form of injury, is there? There's no report of injury, right. That's correct. He says she came on to him, and that was just too much for some people to believe that Christa Worthington, this vassar-educated woman, would have sex with a garbage collector. As soon as they see the black garbage man, it's rape. The truth is that he went up there looking for sex, Christa Worthington confronted him and it got very ugly. I went into closing argument believing I had, at the very least, a case of reasonable doubt. The 12 members of the jury sat in this box. There was only one African-American woman on the jury. So it wasn't really considered to be much of a jury of his peers. The government's case is based on assumptions that aren't true. And it's based on incorrect and ignored evidence. Mr. George has tried to play the race card during this trial and said that the police couldn't accept the idea of consensual sex between a black garbage man and Christa Worthington. And I would suggest to you this defendant would be facing the same evidence and the same trial with the same jury if he were white. The jury in this case reported themselves deadlocked. Deliberated for eight days before coming to a verdict. After many days the verdict comes in. It's a stampede up here to the courtroom. We the jury to return the following verdict. Guilty of first-degree. Guilty of murder in the first-degree in extreme atrocity, and cruelty, and also, felony murder. After the verdict was delivered, Mccowen, of course, was devastated. And he started to cry. I watched the verdict come in. Having been a prosecutor, I always look at the defendant for a reaction. This reaction was completely unusual. He shook his head, vehemently, and cried. I'm peopling sorry for the Worthington family, her daughter and her. I never meant for this. All this time, I have been innocent. The court, hereby extends you to be in prison for and during the term of your natural life without the possibility of parole. Three life terms. Holy moly. Three jurors submitted affidavits charging they were coerced into their guilty verdicts by other racist jurors. Soon after the trial, Bob George hears from a few of the jurors who had information that was potentially a game changer. I immediately filed a motion to set aside a verdict as a result of racial bias in the jury room. It is incredibly unusual to have a hearing to look back at how a jury reached a verdict that it did. It almost never happens. According to these jurors, two other jurors repeatedly described Mccowen as big and black. The "Black" man this and the "Black" man that and he's so big and he scares me when he looks at me. Peter Manza aligned himself with the trial but he was researching the book. This is part of the files from my book. In researching his book called "Reasonable doubt", he recorded an interview with the sole black juror who felt racism was at play during the deliberations for some of the majors. They all are attacking me every day anyway, all of them, like I'm the only one in that room who gave this man the benefit of the doubt that -- you know, suggests that maybe he's innocent. I don't know if he did it, but I know it hadn't been proven to me. That's all I know. Show me the evidence. Race did not play a part at all in deciding Christopher Mcgowan's guilt or innocence. It had no effect on the verdict. There's just no way around the DNA. The judge found that the words big and black were just descripti descriptions. Chris has never spoken before, but Chris wants to get his story out there. This is a global tel link prepaid call from Christopher Mccowan, an inmate at a Massachusetts correctional institution. Hi, Chris. Hello? So, you had sex with her on the Thursday, and then she ends up dead on a Friday. Can you understand why people think that that's odd?

This transcript has been automatically generated and may not be 100% accurate.

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