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Tuesday, February 4
Updated: April 15, 9:55 AM ET
 
Appeals court to consider dismissing charges

Associated Press

NEWARK, N.J. -- Jayson Williams' trial for Feb. 18 was called off Tuesday when an appeals court agreed to consider dismissing manslaughter charges against the former NBA star.

An appellate panel is to hear arguments March 12 in Trenton from his lawyers and the prosecutor's office. The ruling was filed Tuesday, without elaboration, by two appellate judges.

Williams' lawyers, Joseph Hayden Jr. and Billy Martin, said they were pleased the court accepted the appeal.

Steven Lember, first assistant prosecutor, said: "We prevailed in the trial court below and every defendant has a right to appeal any trial court decision.''

Williams' lawyers contend the office's grand jury presentation was flawed and the grand jury never should have been told Williams exercised his right to remain silent after a limousine driver was shot to death at his mansion last 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 prosecutor's office has said that no errors were serious enough to justify dismissing the indictment.

If the appeals court dismisses the indictment, prosecutors can go back to a new grand jury and present the case again. They may also appeal the case to the state supreme court.

The 35-year-old Williams 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 case have pleaded guilty and agreed to testify against Williams.

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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