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Jayson Williams' Jury Will See Most of Defense Video

by TChris

If a picture is worth a thousand words, a movie must be worth a million. No surprise, then, that the defense in Jayson Williams' murder case wanted to show the jury a video that demonstrates how the killing could have occurred accidentally.

Many lawyers believe that jurors have been conditioned by years of television viewing to pay rapt attention to anything they see on a TV screen. To the extent that the belief is true, televised evidence is more likely than live evidence to stick in the minds of jurors. What better way to tell the defendant's story, then, than via computer animation?

Demonstrative evidence is nothing new -- witnesses commonly use models and drawings to help juries understand their testimony -- but current technology makes it possible to create a very precise and detailed view of the evidence from a defense perspective. That's what Williams, the former NBA star charged with manslaughter for killing a chauffeur with a shotgun, wanted to do.

[Williams' lawyer, William] Martin said the video, which he called an animated CD, explained the gun's hammer and firing mechanism and illustrated the opinion of the defense's firearms expert that a stray wood chip had become lodged in the hammer mechanism and caused the gun to misfire while Mr. Williams held it.

The prosecutor argued that the video would misleadingly show a wood chip in the firing mechanism when the police only found a wood chip near the firing mechanism. However, the location of the wood chip when the police examined the shotgun nine months after the shooting has little impact upon the defense theory that the chip caused a misfire. Martin argued that the prosecution's real objection was to the use of new technology to illustrate the expert's testimony.

Judge Edward Coleman seemed to understand the argument. He asked the prosecutor how the video would differ from a witness drawing sketches to support his testimony. The prosecutor argued that the video would have a greater impact on the jury. Exactly. That's why the defense wanted to use it. The best evidence is always memorable, but that doesn't make it any less useful.

Judge Coleman ultimately decided to let the jury see most of the video. He excised a portion that showed the wood chip floating into the firing mechanism.

The first defense witness, a forensic pathologist, will testify tomorrow.

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