by TChris

Contending that the prosecution withheld key evidence, lawyers for former NBA player Jason Williams, on trial for manslaughter, want the judge to dismiss the charge. The defense also wants the judge to rule that Williams can't be tried again. Prior commentary about Williams' case is here.

On the last day of testimony in Williams' two month long trial, the prosecutor acknowledged that he had not provided the defense with photographs and notes created by the prosecution's expert witness while examining the gun Williams fired. Shortly before a prosecution expert gave rebuttal testimony, the defense learned for the first time that the expert had disassembled the gun to examine it. Whether the gun might have misfired is critical to Williams' defense, and the disassembly might have altered the weapon's condition, rendering subsequent examinations useless. The defense also contends that the examination occurred in secret, in volation of an agreement that defense experts would be present whenever the gun was tested.

The prosecutor is willing to reopen the evidence, but the defense says the prosecution deliberately withheld the information. They want the judge to dismiss the case without the possibility of retrial. The judge will hear argument on the motion Monday.