New trial sought in perjury case
Archives
May 16, 2006

New trial sought in perjury case

The attorney for two women convicted of perjury believes his
clients should get a new trial after a juror was seen talking with
a state trooper in court.

West Chester attorney Sam Stretton filed a Motion for
Extraordinary Relief, requesting the convictions of Marian Kay
Nersinger and Michelle Nelson be reversed and the two granted a new
trial after witnesses claimed to see a member of the jury talk with
Trooper Gary Stuckey during deliberations.

Nersinger of Holley, N.Y., and Nelson of Scio, N.Y., were
convicted of perjury, a third-degree felony, after a jury trial on
May 5. Both were found guilty of lying during Post Conviction
Relief Act hearings for Tim Williams, formerly of Coudersport.

Williams was convicted of third-degree murder in the shooting
death of Kane Borough Police Officer Steve Jerman in 1999. Since
Williams’ conviction, several people – including Nersinger and
Nelson -ðhave allegedly heard Becky Lucrezi Olson, a passenger in
Williams’ car, claim to be the actual shooter.

After a week-long trial earlier this month, Stretton said he
discovered there were “conversations and contact with the jury by
Trooper Stuckey.”

Stretton said in the motion that he found out about this alleged
conduct outside the McKean County Courthouse when he was talking
with two newspaper reporters who were in the courtroom.

Stretton, who also represents Williams, attached a statement
from Holly Duell, one of the witnesses who testified during the
trial, and an article from the Potter-Leader Enterprise. He also
said a reporter from the “Bradford newspaper” heard and saw the
discussion, as well as others present and he is “waiting to see if
they are going to send him anything.”

“Such contact would be highly inappropriate and improper to
discuss the facts of the case with the jury during deliberation,”
he said in the motion.

He noted he and District Attorney John Pavlock were at sidebar
with McKean County Judge John Yoder when the alleged incident
occurred. He “did not become aware of it until he was outside the
courthouse after the jury had been discharged.”

As a result, Stretton is “filing this present motion and would
ask for a hearing at which time he will subpoena in all of the
witnesses who told him what they saw.”

Stretton hopes this new information will give his two clients a
new trial.

“This contact would be a most serious violation and as a result,
this motion for extraordinary relief is being filed because of the
grave misconduct and highly unusual nature of this misconduct.”

During his closing argument, Pavlock said there was reason for
both women to lie when they said they heard Lucrezi Olson admit to
shooting Jerman, including a close relationship with the Williams
family.

The two are set to be sentenced June 21.

Tags:

archives
bradford

The Bradford Era

Local & Social