Logo
 
 
Updated April 12, 2004, 1:30 p.m. ET

Williams trial remains jury-less as judge probes claims of prosecutor's misconduct
Browning Arms' chief engineer Larry Nelson testifies Monday about his analysis of evidence in the Jayson Williams case.

SOMERVILLE, N.J. — A gun expert slated to take the stand against Jayson Williams said Monday that a prosecutor suggested he alter a portion of his report that conflicted with the findings of another prosecution witness.

Larry Nelson, chief engineer of Browning Arms, testified about changes to his report at a special hearing to investigate alleged misconduct by the lead prosecutor in the former NBA star's manslaughter trial.

Williams listens to testimony Monday.

Nelson said before he submitted his final analysis of the Browning shotgun that killed a chauffeur at Williams' mansion, lead prosecutor Steven Lember reviewed a draft report and pointed out a section that was at odds with the findings of a police ballistics examiner.

Nelson said he subsequently deleted a phrase that implied the gun could not discharge if jerked closed while partial pressure was applied to the trigger. The ballistics examiner, New Jersey State Police Detective Sgt. James Ryan, testified previously in the trial that the weapon would fire under those conditions.


Story continues
advertisement

Nelson told Superior Court Judge Edward Coleman that he did not remember the prosecutor specifically directing him to change the report and insisted the change was not "substantive."

He is expected to elaborate on that characterization when an assistant prosecutor, Katharine Errickson, questions him Monday afternoon.

Lember reviews notes while assistant prosecutor Errickson questions a gun expert.

The allegations against Lember have brought Williams' two-month trial to a standstill. Jurors last came to court March 31, expecting the final day of testimony in the case. Instead, they were sent home indefinitely while Coleman probes the defense complaint.

Williams has asked the judge to dismiss all charges and bar the prosecution from ever charging him again. Other options open to the judge include declaring a mistrial and allowing the defense to reopen their case.

Williams' lawyers say Lember intentionally hid photographs and notes from Nelson's reports. Lember maintains he simply forgot to turn over the materials.

In testimony Monday, Nelson said he normally attaches the photographs and notes to any report he submits, but Lember told him to send only the report. Nelson testified that regarding the photographs the prosecutor said, "We'll deal with them later."

Previously, Lember has said he was rushing to meet a court deadline for expert reports and planned to get the photographs and notes from Nelson later and turn them over to the defense.

The defense claims not sharing the evidence is part of a pattern of misconduct by Lember throughout the case and asked the judge for permission to call the prosecutor as a witness at the special hearing.

Williams, 36, faces 55 years in prison if convicted of aggravated manslaughter and other charges in the death of Costas "Gus" Christofi on Feb. 14, 2002.

He says the shooting was an accident caused by a mechanical malfunction in the gun.



advertisement
 

 

Contact us
©2007 Turner Entertainment Digital Network, Inc. A Time Warner Company. All Rights Reserved.
CourtTV.com is a part of the Turner Entertainment New Media Network.
Terms & Privacy Guidelines

 
advertisement