By Harriet Ryan Court TV
SOMERVILLE, N.J. Jurors weighing Jayson Williams' manslaughter case last month may have been deadlocked on the reckless manslaughter charge against him, but their 8-4 split in favor of acquittal showed strong approval for the job his defense team did. Jurors interviewed after the verdict echoed, often word for word, many of the arguments his lawyers made, especially the view that Williams' conduct in shooting Costas "Gus" Christofi was only negligent and not reckless. For his side, there appears little room for improvement. Prosecutors, however, will have to make substantial changes when they retry Jayson Williams in January. As Hunterdon County Prosecutor J. Patrick Barnes decidedwhether to embark on a second trial, he and others in his office undoubtedly considered how they might improve their chances of conviction. Although prosecutors did not outline a new approach at Friday's hearing, here are some of the changes they may consider:
Make it snappy: The first trial lasted a snail's-paced three months, thanks to problems scheduling witnesses, marathon discussions in the judge's chambers, deaths in two lawyers' families, holidays, and a two-week investigation into alleged prosecutorial misconduct. The delays destroyed the prosecutors' momentum. By the time the case limped into summation, jurors had likely forgotten some of the most dramatic eyewitness testimony. With only a single charge, prosecutors might pare down the witness list and keep the proceeding to a month. Focus on Gus: The victim seemed to be forgotten in the trial. In all the discussions about gun malfunction and the layout of Williams' mansion, Christofi became invisible. Lead prosecutor Steven Lember didn't even use a photo of the victim in his summation, a cardinal sin for prosecutors. In addition to the photo, prosecutors might put a family member on the stand to identify Christofi's belongings and humanize him in the eyes of the jury. Banish Benoit: Williams' former teammate Benoit Benjamin offered the most damning evidence against him, testifying that he saw him pull the trigger. Only problem? Jurors felt he was lying and discounted all of his testimony. The prosecutors might opt not to call the 7-footer, nor gun expert Larry Nelson, another witness who floundered on the stand. Resurrect Zeus: The judge refused to let prosecutors tell the jury about Williams' alleged shooting of his Rottweiler, Zeus, six months before Christofi's death, saying it was too inflammatory. The episode which Williams disputes paints a damning picture of him and his use of guns. Prosecutors could ask the judge to rethink his decision. Negate negligence: Some jurors said their vote for acquittal turned on the judge's instructions about Williams' mental state. If they found his conduct reckless, they were to convict, but if they found he was simply negligent, meaning he should have appreciated the risk his behavior posed, but did not, they were to acquit. Defense lawyers told the jury that negligence was synonymous with "accident." Prosecutors fought the instruction, but knowing its importance to jurors, might wage a more vigorous effort. Hire someone noncontroversial: The defense repeatedly accused Lember of unethical behavior and said he was out to make a name for himself by prosecuting a celebrity. Even though Lember rejected the defense's accusations, the prosecution might replace him if it decides avoiding any appearance of impropriety trumps the experience he brings to the case. |