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Wednesday, January 8
Updated: January 9, 7:05 PM ET
 
Lawyers argue grand jury presentation tainted

Associated Press

TRENTON, N.J. -- Jayson Williams' attorneys asked an appeals court Wednesday to dismiss manslaughter charges against the former NBA star, arguing the grand jury presentation was flawed beyond repair.

Defense attorneys say the grand jury that returned the indictment never should have been told that Williams exercised his right to remain silent after a limousine driver was shot to death early Feb. 14.

They also accuse prosecutors of introducing rumors connecting Williams to organized crime while leaving out evidence that he was distraught after the shooting and tried to help the victim.

The grand jury indicted Williams on a more serious manslaughter charge than the one he originally faced, tripling the maximum sentence.

"The grand jury has returned a fatally defective indictment in a case that will take approximately three months to try,'' Williams' attorneys said in the appeal. Prosecutors have given no estimate of how long the trial will take. Jury selection is scheduled for Feb. 18.

Acting Hunterdon County Prosecutor Steven C. Lember did not immediately return calls seeking comment Wednesday afternoon. Earlier, he said no grand jury presentation is perfect, but none of the mistakes made during this one was serious enough to justify dismissing the indictment.

Last month, Superior Court Judge Edward Coleman agreed such an "extreme sanction'' was not necessary when he rejected the defense motion to dismiss the indictment.

"Shockingly, the motion judge held the repeated violations to be insufficient to warrant dismissal of the indictment,'' the appeal said.

Williams, 34, is accused of recklessly handling the shotgun that killed Costas Christofi, and then trying to make the shooting look self-inflicted. Two other men charged in the alleged cover-up have pleaded guilty and agreed to testify against him.

He could face nearly 45 years in prison if convicted on all charges.

Williams was among the NBA's best rebounders when leg injuries forced his retirement from the New Jersey Nets in 2000. After the shooting, he was suspended from his job as an NBA analyst for NBC.






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