SMETHPORT – The attorney for two women convicted of perjury in
the Timothy Williams murder case is no longer seeking to have the
case dismissed because the transcripts were not prepared.

West Chester attorney Sam Stretton, the attorney for Marian Kay
Nersinger and Michelle Nelson, still is continuing to fight for the
case to be dismissed on the grounds of communication between a
prosecution witness and members of the jury.

Stretton claimed that since the transcripts on the May trial and
subsequent June hearing had not been filed, the case could not move
forward and jeopardized the women’s right to a speedy trial since
they hadn’t been sentenced.

A hearing scheduled for today was canceled because it would have
been moot since the transcripts were filed Jan. 26

But chances are the hearing wouldn’t have been held anyway.
Stretton, who said the case wasn’t moving fast enough, had filed a
continuance because of pending “treacherous weather.”

The motion said Stretton was concerned about traveling Thursday
night and about “potentially not being able to leave McKean County
Friday afternoon …”

Back to the matter at hand – whether there was communication
between the jury and a prosecution witness – Stretton’s brief is
due Wednesday; the DA’s is due 15 days later.

Nelson and Nersinger were both convicted of perjury for lying
during a Post Conviction relief Act hearing for Williams, who was
convicted in 1999 of killing Kane Borough Police Officer Steve
Jerman during a traffic stop. Both women had said that Becky
Lucrezi-Olson, who was in the car with Williams during the traffic
stop, had said she shot Jerman and that Williams was convicted of
the crime instead.

The subsequent hearing held in June was in regards to testimony
by several people present at the trial that a prosecution witness
may have communicated with a member of the jury while the attorneys
were speaking to Judge John Yoder.

Stretton also represents Williams whose case on appeal in the
state Superior Court.