SMETHPORT – The jury hearing the case of two women accused of
perjury were in court only half a day Wednesday, and spent most of
that time hearing the transcripts of when the two defendants
allegedly lied.
Marian Kay Nersinger of Holley, N.Y., and Michelle Nelson of
Scio, N.Y., are both charged with perjury, a third-degree felony,
for allegedly lying on separate occasions during Post Conviction
Relief Act hearings for Timothy Williams, who was convicted of
third-degree murder in the death of Kane Borough Police Officer
Steve Jerman in 1999. Both say they heard Becky Lucrezi-Olson, a
passenger in Williams’ car, admit to shooting Jerman.
McKean County District Attorney John Pavlock and defense
attorney Sam Stretton read their own parts and the Nersinger or
Nelson part was read by a courthouse employee.
In Nelson’s testimony of Oct. 22, 2004, the jury heard about her
naming her son after Williams and how she didn’t come forward and
“no one bothered to come forward to find me either.”
She also didn’t read the newspaper and didn’t know the trial was
happening in 1999.
Some inconsistency, including where she was when she heard
Lucrezi-Olson admit to shooting Jerman, what Lucrezi-Olson actually
said and whether she and Lucrezi-Olson got into a fight over
Lucrezi-Olson’s words, was also brought forward.
“She thought she was with her friends … us … she was running her
mouth,” Nelson had said.
Nersinger’s testimony of July 14, 2004, was also read.
Nersinger, who was suffering from breast cancer at the time, said
her treatment caused her to become confused.
Nersinger, who turned 27 Wednesday, had said she called Trooper
Scott Nelson, the investigator in the Williams case, directly in
2000. On Tuesday, former District Attorney Michele Alfieri and
Julie Comes, the office manager for the DA’s office, said Nersinger
had called that office first.
Her testimony allegedly changed -ðincluding where she was in
relation to Lucrezi-Olson – from when she was interviewed by the
state police, by Stretton’s private investigator and when she
testified, Pavlock said. Most of what Pavlock asked her during that
hearing, she could not remember.
She was also not clear on when she left school.
Also on Wednesday, Michelle Crawford testified that Nersinger
apologized for confusing her with Nelson. Nersinger had said
Crawford was with Lucrezi-Olson when Nersinger claims to have heard
Lucrezi-Olson admit to shooting Jerman.
Crawford said that she didn’t know Lucrezi-Olson that well.
“We really didn’t talk,” she said. “We really didn’t know each
other.”
She also said that she had also moved out of the area during the
time Nersinger heard Lucrezi-Olson’s admission outside of the
Sheetz in Coudersport around April 2000.
When Crawford was under cross-examination by Stretton, there
appeared to be discrepancy whether she told a private investigator
about Nelson or if they compiled a list of other Michelles who
graduated from Coudersport.
Coudersport Borough Police Officer James Collins testified that
he’s known Nelson for years and had no recollection of any “ruckus”
or brawl outside the BP or Sheetz.
He said if he had been called to a scene or made an arrest, he
would have logged it into the computer. If he just shooed kids
away, he would not necessarily have put it in the computer.
Stretton pointed out that he had not been asked about any
recollection of an incident between 1999 and 2000 until 2004.
Collins said he remembers about 99 percent of the incidents and
arrests he does.
The attorneys also agreed that Doug Garber, the assistant public
defender in McKean County, would not testify. They did agree that
if he did testify, he would say he was contacted by Pavlock before
Nersinger testified in July 2004 to speak with Nersinger since the
DA was concerned about the accuracy of her prior statements.
Pavlock said he will probably finish presenting his case this
morning. Stretton said he will call about eight or nine witnesses
and is not sure if Nersinger or Nelson will take the stand in their
own defense.
Both expect closing arguments Friday.
