By Harriet Ryan Court TV
SOMERVILLE, N.J. Jurors in Jayson Williams' manslaughter trial heard highly damaging evidence against the former NBA star from a pathologist Thursday, only to be told a few hours later to forget the information entirely.
Judge Edward Coleman instructed the panelists to disregard much of the testimony of Hunterdon County Medical Examiner Steven Diamond after the physician acknowledged he could not guarantee his conclusions "to a reasonable degree of medical certainty" about how a chauffeur was shot.
Williams' defense asked that the testimony be stricken from the record and the judge agreed, telling jurors, "You should set it aside and not consider it in your deliberations."
Just three hours earlier, under questioning by the prosecution, Diamond told the panel that driver Costas "Gus" Christofi had both hands raised and was trying to protect himself when struck by a blast from Williams' shotgun.
"He was in a defensive mode when the trajectory hit him," Diamond testified.
That testimony suggested Christofi knew he was in danger before the Feb. 14, 2002, shooting, which is key evidence for prosecutors who allege Williams menaced Christofi with curses and taunts before the 12-gauge Browning shotgun discharged.
 | | Jurors saw the X-ray Thursday showing 12 pellets lodged in Christofi's body. |
The hoopster's defense lawyers insist he never mistreated the driver and was trying to point the weapon away from houseguests when Christofi unexpectedly entered the bedroom where he was handling the gun.
Defense lawyer Michael Kelly pressed Diamond about his findings, pointing out that the pathologist never wrote in his autopsy report that Christofi was in a defensive posture.
Diamond said the conclusion was only an assumption or supposition, not part of the "factual aspects of the case" he included in the document.
"The supposition is my own opinion, which I did not put in my report," he said.
Kelly pushed Diamond further, noting that he was not a board-certified forensic pathologist and was so concerned about his lack of experience with shotgun wounds that he called in a colleague to assist at the autopsy.
The defense has hired noted forensic pathologist Michael Baden to review Christofi's injuries, and he is expected to testify later in the trial.
Diamond said he still believed that the trajectory of the blast in Christofi's body, burn marks on his arms and blood spots on his hand indicated a defensive posture, but ultimately agreed that he could not say so with medical certainty.
The judge allowed other portions of Diamond's testimony to stand. The medical examiner said he listed the official cause of Christofi's death as homicide. Using X-rays and close-ups of the entrance wound on Christofi's lower right side, Diamond told jurors the 12 pellets in the shotgun shell coursed upward and to the left through Christofi's chest and abdomen.
"There were multiple organs damaged, including part of the right lung. The heart was gauged by one of the pellets and the left lung was hit," he said, adding the kidneys, liver and pancreas were also injured. "There was a wide swath of damage."
He said that the 55-year-old Christofi died "within minutes" of being struck.
Williams, who faces 55 years in prison if convicted of aggravated manslaughter and other charges, seemed to follow Diamond's testimony closely, whispering to his other lawyers and scrawling notes.
Defense: Excessive police presence
Two police detectives also testified Thursday about collecting evidence at Williams' home and interviewing witnesses.
The defense, however, tried to use their testimony to advance its theory that investigators were out to get Jayson Williams because of his fame and wealth.
Defense lawyer Kelly questioned state police Detective Sergeant James Molinaro about the law enforcement officers who "swarmed" Williams' mansion after the shooting. Holding a log of those who came and left the basketball player's mansion the day of the shooting, Kelly implied the presence of so many officers — 70, he claimed — was proof Williams was treated differently.
The detective said he was not monitoring the police presence on the estate, but was certain only authorized officers were admitted to the scene of Christofi's death.
"Ninety-nine percent of those people I had no contact with," said Molinaro, indicating the list.
Under questioning from prosecutor Steven Lember, Molinaro later pointed out that the log sheet included Williams' friends and family, including his wife, mother and two business associates.
Also prodded by the defense was Lieutenant Daniel James, an investigator with the Hunterdon County Prosecutor's Office. Defense lawyer Billy Martin questioned James about plea deals Williams' houseguests made with prosecutors. The detective acknowledged that four members of the Harlem Globetrotters team were granted immunity and two other men entered a pretrial diversionary program and agreed to testify against Williams.
Martin, in his opening statement, suggested the men were part of a plan to "get Jayson."
James brushed off Martin's suggestion that the officer "zeroed in" on Williams because he loved the limelight and believed the case could be the biggest of his 30-year career.
"I don't categorize my cases by the fame of the person involved," James said, adding, "Myself, I don't even follow basketball."
Testimony continues Monday morning.
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