Indictment against former NBA star Jason Williams might be throw out
 

Very amusing. Kill a guy with a shotgun, keep your mouth shut, and then some stupid prosecutor says you don't talk, thereby possibly eliminating the legitimacy of the indictment. What a joke. I particularly like Jason Williams Quote at the end:

Law.com Article - http://www.law.com/jsp/article.jsp?id=1045686305808


Here are some of the points:

Williams' trial for aggravated manslaughter in last year's shooting of chauffeur Costas Christofi was to begin this Friday. But Appellate Division Judges Michael King and Jose Fuentes ordered it halted on Feb. 4, when they took the unusual step of granting Williams' motion for leave to appeal.

The appeals court panel reversed Superior Court Judge Edward Coleman, who on Dec. 20 had turned down the defense motion to dismiss on the grounds that Steven Lember, the acting Hunterdon County, N.J., prosecutor who presented the case to the grand jury last April, trampled Williams' due process rights.

Williams' attorneys, Joseph Hayden Jr. and William Martin, had argued to Coleman that Lember violated Fifth Amendment and other constitutional protections by repeatedly referring to their client's decision not to speak with police and to his statements that he would remain silent until he consulted with a lawyer. Lember discussed Williams' silence at least five and possibly six times, directly or through law enforcement witnesses.

State Assistant Attorney General Boris Moczula noted that a trooper "overheard the defendant say to other guests that defendant had called his lawyer, and the defendant wasn't going to say anything about what was going to happen." The state brief also said Williams gave a "command" that "no one fucking talks until the lawyer gets here." The state prosecutor argued that this goes beyond an exercise of Williams' Fifth Amendment right and was "a blatant attempt ... to keep witnesses to the killing ... from providing inculpatory information."

The state claims that the jurors were entitled to understand Williams' silence as the early stages of his "hastily concocted strategy to conceal the truth."