Judge rejects Williams bid to dismiss charges

<br>SOMERVILLE, N.J. (AP) _ With testimony in the Jayson Williams manslaughter trial set to resume on Monday, lawyers for the retired NBA star are to ask a state appellate court to halt the trial so charges

Friday, April 16th 2004, 12:00 am

By: News On 6

SOMERVILLE, N.J. (AP) _ With testimony in the Jayson Williams manslaughter trial set to resume on Monday, lawyers for the retired NBA star are to ask a state appellate court to halt the trial so charges of prosecutorial misconduct can be reviewed.

The defense suffered a setback on Thursday, when the trial judge denied its request to dismiss all charges against Williams, and declined to interrupt the trial further by waiting for the appeal.

The dispute centered on notes and photos made by a prosecution weapons expert who examined the shotgun Williams was holding when it discharged, killing a hired limousine driver who was visiting the ex-player's mansion.

The defense has maintained that the weapon misfired, and charged that prosecutors withheld the material until the defense rested, depriving Williams of a fair trial.

Superior Court Judge Edward M. Coleman called the error ``negligent'' but said it did not harm the defense, noting that defense experts did not change their opinions based on the new material. The judge also found there was no intentional concealment of evidence, and that the situation can be corrected.

``The defendant has had this cloud of an indictment hanging over his head for two years,'' Coleman said, during a 75-minute reading of his ruling. ``He has a right to have this case decided by a fair-minded jury.''

Williams was not in court Thursday, but he has been throughout the trial, which began Feb. 10. His second daughter was born Tuesday.

After the judge's ruling, the defense asked that First Assistant Hunterdon County Prosecutor Steven C. Lember be prohibited from participating in the trial, claiming his actions were unethical.

The judge called the request ``unusual,'' and said he would research the issue before ruling.

He had noted that Lember may have been obligated to notify the defense of a phrase the prosecution's weapons expert deleted from a report that could have supported the defense theory of a misfire. The judge said the defense can pursue that issue with the state attorney ethics board.

Coleman said the defense can reopen its case on Monday. It would be the first time the jury has been in court since April 1, when the evidence dispute arose just as summations were being prepared.

Defense lawyer Joseph A. Hayden Jr. gave the judge the names of a half-dozen witnesses the defense would like to question again, including the prosecution's weapons expert, Larry Nelson, and their own experts.

Assistant Hunterdon County Prosecutor Katharine Errickson said she had no objection to hearing new testimony from the weapons experts, but balked at allowing several other witnesses, including one of the defense attorneys, Christopher D. Adams.

Adams would testify that the defense had an agreement with the prosecution that the shotgun would not be examined without both sides present, Hayden told the judge.

Coleman did not say when he would address those issues.

Nelson's report was given to the defense in August, but the notes and photographs were not attached. Lember has said he only realized the material had been omitted on the evening of March 31, while preparing Nelson for testimony the next day.

Hayden has argued that the new evidence shows Lember influenced Nelson, a vice president of Browning Arms Co., of Mountain Green, Utah, to issue a report that would not contradict a state police weapons expert. That expert has told the jury that the shotgun could not be induced to misfire.

The defense maintains the weapon, a Browning Citori double-barreled 12-gauge, fired accidentally when Williams snapped it shut. The shooting of Costas ``Gus'' Christofi, 55, happened in Williams' bedroom at his Alexandria Township home early on Feb. 14, 2002, while Williams was showing his estate to friends and members of the Harlem Globetrotters.

Williams, 36, is also charged with trying to make the shooting look like a suicide and persuading others to lie to the police.

Williams faces eight charges, the most serious of which is aggravated manslaughter. Collectively, they carry up to 55 years in prison. The least of the charges carries a penalty of up to 18 months in prison, but would likely result in probation.

Williams had gone with some friends to see a Globetrotters game in Bethlehem, Pa. Christofi had driven four Globetrotters from the game to a restaurant near the Williams estate for dinner with the retired star and most of the group. They then went to the estate in rural western New Jersey.

Williams retired from the New Jersey Nets in 2000 after a decade in the NBA, unable to overcome a broken leg suffered a year earlier in a collision with a teammate. He was suspended from his job as an NBA analyst for NBC after the shooting.