
Surprising victory for WilliamsEvidence misconduct hurt prosecution's case against former All-StarPosted: Friday April 30, 2004 5:57PM; Updated: Friday April 30, 2004 6:04PM Jayson Williams was acquitted Friday of four of eight charges against him, including aggravated manslaughter. SI.com spoke with Sports Illustrated's Lester Munson about the verdict.
SI.com: Are you surprised that the jury didn't convict on either of the most serious charges -- aggravated manslaughter or reckless manslaughter? Munson: I am. I am especially surprised that they didn't convict on the reckless manslaughter. The way the law of New Jersey reads it appeared to me that he was clearly guilty on the reckless manslaughter count. The gun was loaded. It was one of four guns that were loaded in that bedroom. There is no question that Williams was waving the gun around, that there was a certain level of intoxication, that he pointed what he had to know was a loaded gun at Gus Christofi and the man ends up dead. To me, it is the perfect reckless manslaughter case. The jury, I am sure, considered all of that, but then they were, I think, probably angered by the prosecutor's misconduct in not disclosing all of his evidence on the weapon to the defense. The prosecutor [Steven Lember] was caught on a violation of the rules, and it has now come back to haunt him. SI.com: How much did the jury know about that? Munson: In this case, they knew plenty. After the judge was informed of the violation, he allowed the defense to call back all of the witnesses and go through with them what they did, when they did it, and then when the prosecutor told the defense about the withheld evidence. So the jury knew that the prosecutor, whether intentionally or not, had covered up evidence that was helpful to Williams. SI.com: Is it unusual for a judge to allow a jury to hear that? Munson: No. What's unusual is the prosecutor's mistake. It's an incredible blunder in a case that's as big a case as he's ever been or, or will ever be in. How he could have not sent that stuff out is almost incomprehensible. I'm a lawyer and have been around courts all my life. I've been in similar situations. You ALWAYS disclose to the other side what you have, particularly when you have good stuff, because you want to be able to use your heavy-duty evidence to fortify your case. Here he stashes it away, and either forgets about it or he was cheating -- it doesn't make any difference which -- and he got caught, which is terrible. The judge actually did a good job, I think. SI.com: Should this be considered a victory for the Williams defense team? Munson: Absolutely. No question about it. If there had been plea-bargaining before the case, Williams would have settled for this. If the prosecutor had offered this verdict as a plea-bargain, he would have taken it in 30 seconds, and the whole case would have been over. Now he gets what he would have taken in a plea bargain, so that's a win for the defense and for Williams. SI.com: He was still convicted on four of the lesser charges, relating to a cover-up. Cumulatively the charges carry a maximum penalty of 13 years in prison. Do you think it is likely he will be sentenced to jail time, and if so, how long? Munson: I think he will get jail time, but less than a year. He will get some heavy-duty probation. But if he can convince the judge that he has changed his ways, that he has had some kind of spiritual awakening, he may be able to convince the judge to give him a break and sentence him to no jail time. But I think there will be six or eight months, something like that. He'll do it in the county jail, he won't go to the state penitentiary. It will actually be pretty easy for him. SI.com: Do you expect the state to re-try Williams on the reckless manslaughter charge, which resulted in a hung jury? Munson: Good question. I don't know. There was such animosity, such antipathy, between the prosecution and defense lawyers, that I am guessing that contrary to the conventional wisdom on these things, I think Steven Lember might decide to re-try to reckless manslaughter count. We're not going to know until a hearing on May 21. SI.com: Jayson Williams used to have a reputation as a fun-loving, good guy. Is that gone forever? Munson: Oh yeah. I don't have any doubt about that. He had a dead guy in his bedroom, he had a bizarre cover-up. He will never be that Jayson Williams again. Whatever broadcast career or corporate activities he had before, those are gone. He's going to have to live on whatever he has left after he pays these lawyers. This was a bonanza for the lawyers, a career case, the case you hope will walk in the door.
Sports Illustrated legal analyst Lester Munson regularly Holds Court on sports law and business matters on SI.com. |
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