By Harriet Ryan Court TV
SOMERVILLE, N.J. Jurors in Jayson Williams' manslaughter trial said Thursday afternoon that they had reached verdicts in the majority of charges against the former NBA star in the shooting of a chauffeur, but were deadlocked on the remaining two counts.
"The jury has decided six charges," the jurors wrote in a note to Superior Court Judge Edward Coleman at 2:10 p.m. "We are split on two others. We have discussed the charges at length and no decisions can be reached."
Coleman ordered the panel, which at that time had deliberated about 15 hours over three days, to return to the jury room and work toward a verdict on the two counts. The eight women and four men looked drawn and tired as the judge instructed them gently, but firmly, to redouble their efforts to reach a consensus. Two younger female jurors seemed particularly upset, shaking their heads in apparent frustration.
The note did not specify which of the eight counts divided the jury, but a second letter sent just five minutes after the group started to deliberate again indicated the dispute concerned the more serious charges associated with the actual shooting of driver Costas "Gus" Christofi in Williams' master bedroom and not the relatively minor charges stemming from a cover-up that followed.
Those four shooting charges are aggravated manslaughter, reckless manslaughter, possession of a firearm for an unlawful purpose and aggravated assault. Aggravated manslaughter carries 10 to 30 years in prison, while reckless manslaughter and firearm possession each carry a 5- to 10-year term. Aggravated assault carries a maximum 18-month sentence.
In the note, the jurors asked to rehear the testimony of three prosecution witnesses concerning the moments just before Christofi's death. Specifically, the note requested the testimony of Williams' friend Kent Culuko and Harlem Globetrotters Chris Morris and Howard Paul Gaffney from the time the men entered a study outside the bedroom to the moment the gun discharged. (Chart: The guest list)
A court reporter is expected to begin reading the testimony of the three men to the jury Friday morning. Gaffney's testimony alone will take an hour, the judge said.
Prosecutors claim Williams taunted Christofi, who was accompanying houseguests on a tour of the athlete's sprawling estate, and then jerked a breached 12-gauge Browning Citori shotgun closed in his direction, causing it to fire. Williams insists the shooting was an accident resulting from a gun malfunction and says he never saw Christofi, let alone targeted him for abuse.
Culuko testified that Williams turned toward the driver with the gun, called him a profane name and then flicked the breached gun closed in Christofi's direction, causing it to discharge. Neither Morris, nor Gaffney heard a curse, but both saw Williams handling the gun and Morris said he had his hand near the trigger.
To find Williams guilty of any of the counts of aggravated manslaughter, gun possession or aggravated assault, the jury must determine that he showed an "extreme indifference to human life." Reckless manslaughter requires a lesser finding of recklessness, meaning Williams was aware of the risks his behavior posed and disregarded them.
During the course of their deliberations, jurors have requested rereadings of Morris and Gaffney's accounts of the cover-up. However, the panel has never asked to rehear the testimony of Benoit Benjamin, a former NBA teammate of Williams and by far the prosecution's most damning witness.
He testified that he was standing just three feet from Williams and that it was very easy to tell that the shotgun was loaded. He also said Williams hurled a string of profanities at Christofi and actually pulled the trigger. The defense attacked him as a liar who was jealous of Williams' financial success.
The fact the jury has not asked for his testimony might suggest they did not judge him a credible witness. It could also indicate that his testimony was so gripping they do not need to hear it a second time.
As the deliberations stretch into Friday, Coleman may also have to consider replacing one of the jurors. During jury selection in January, the female panelist told the judge she had vacation plans for May 1. At that time, it did not seem likely the trial would last past April. There are three alternate jurors available, but under the law, the jury is to begin deliberations from the beginning if a sitting juror is replaced.
The jury returns to court at 9 a.m. Friday.
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