Court rules jury for Williams can hear of cover-up

TRENTON - Prosecutors can tell a jury that former NBA star Jayson Williams wiped a shotgun and jumped into a swimming pool to conceal evidence after a man was killed in his bedroom, the New Jersey Supreme Court ruled yesterday.

Prosecutors want to present that in a retrial of Williams on a charge of reckless manslaughter. The athlete was convicted in 2004 of attempting to cover up the slaying, but jurors were unable to reach a verdict on the reckless manslaughter count.

Williams, a former 76er, was acquitted of the more serious charge of aggravated manslaughter, with his attorneys' arguing the shooting was accidental.

His attorneys argued that it would be improper for the new jury to hear what happened after Williams snapped the shotgun shut, which sent a single blast into the chest of hired driver Costas "Gus" Christofi on Valentine's Day 2002.

In a 4-3 decision, the high court rejected that argument, saying "consciousness of guilt evidence is relevant to defendant's mental state at the time of the shooting for which he is charged with reckless manslaughter."

Prosecutors had told the court that evidence of a cover-up is relevant to whether the shooting was reckless or an accident.

Prosecutors and defense attorneys did not return phone messages seeking comment on the ruling. The trial judge has told both sides to not talk to the media.

No date has been set for the retrial.

In overturning trial and appellate court decisions, the state's high court ruled the cover-up evidence should be allowed to establish whether Williams was aware of recklessness in Christofi's shooting.

In her opinion for the majority, Justice Jaynee LaVecchia noted that courts had allowed evidence of flight in vehicular homicide cases, where proof of a reckless state of mind is also needed.

"Post-crime consciousness of guilt evidence can illuminate a defendant's state of mind in a crime involving recklessness," LaVecchia wrote.

LaVecchia also wrote that the trial court should instruct the jury to only use the evidence to assess Williams' mental state.

In a dissenting opinion, Chief Justice James R. Zazzali argued that the evidence would prejudice the jury and wouldn't illustrate whether Williams believed he had been reckless.

"Defendant had much to lose from causing even an accidental death, including harming his reputation as a television broadcaster and former professional basketball player, and exposing himself to potential civil liability," Zazzali wrote.

Christofi, 55, was with a group of Williams' friends and Harlem Globetrotters touring the former NBA star's Hunterdon County estate after a Globetrotters game in Bethlehem, Pa. Christofi had driven some of the players to a restaurant with Williams and his friends, then took some of the group to the estate.

Williams, 39, retired as the New Jersey Nets center in 2000. He has remained free on bail since his arrest in 2002 and plans to appeal.

Sentencing on the four cover-up counts was postponed until after the retrial. Collectively, those charges carry up to 13 years in prison. Reckless manslaughter carries up to 10 years in prison.