A McKean County judge ruled that two women found guilty of
perjury for lying in a hearing for convicted cop killer Timothy
Williams will not get a new trial and will be sentenced next
week.

Judge John Yoder ruled Monday that Marian Kay Nersinger of
Holley, N.Y., and Michelle Nelson of Scio, N.Y., are not entitled
to have their convictions overturned and get a new trial.

The two, through their attorney Sam Stretton of West Chester,
cited several reasons – they alleged there was improper contact
between jurors and Trooper Gary Stuckey, former District Attorney
Michele Alfieri improperly testified that Becky Lucrezi Olson, a
key Commonwealth witness in the Williams trial, passed a polygraph
test, and whether an issue presented in the Williams case should be
considered in this immediate case.

Nelson and Nersinger testified during Post Conviction Relief Act
hearings they overheard Lucrezi Olson admit that she and not
Williams actually shot Kane Borough Police Officer Steve Jerman in
February 1999.

“I appreciate and understand that the judge took a good long
look at these issues and his opinion speaks for itself,” McKean
County District Attorney John Pavlock said Tuesday. “Beyond that
comment, since this is an active case still pending sentence, it
would be inappropriate for us to make any further statements or
comments.”

Regarding Alfieri’s testimony, Yoder ruled that one reference to
a polygraph test, which is not admissible as evidence, was not
cause enough to grant a new trial.

“While it is true that any reference to a polygraph test which
raises an inference concerning the guilt or innocence of the
accused is inadmissible, it must be pointed out in the present case
the fact that (Lucrezi Olson) passed a polygraph examination in the
course of the investigation of the murder of Officer Jerman does
not go to prove or disprove whether she subsequently made
self-incriminating statements in the presence of the defendants in
the present case,” Yoder wrote.

Alfieri – while under cross examination by Stretton -ðtestified
that Lucrezi Olson passed a polygraph test. Afterward, Yoder told
the jury to disregard Alfieri’s statement.

“Based on the above, it cannot reasonably be said that the
witness’ single reference to a polygraph examination deprived the
defendants of a fair and impartial trial,” Yoder concluded.

That did not sit well with Stretton.

“I am very disappointed in the ruling,” Stretton said Tuesday
evening. “Obviously, I thought the polygraph issue was one that
should have caused a new trial … I thought to reward that kind of
bad behavior by someone who was involved in the Williams trial was
very wrong … that ruling was flat-out wrong.”

Two witnesses, private investigator Anthony Marceca and Mary
Johnson, testified they saw Alfieri celebrate after her
testimony.

“Although (Johnson) claimed to normally read the newspaper from
end to end, she denied seeing any accounts of the former district
attorney making the statements alleged, when, in fact it was shown
that the local newspaper carried at least four articles which
contained this information.”

Yoder also said she was confused on the year she told Stretton
about what she heard.

Afterward, Alfieri admitted she said she got in the polygraph
examination, but denied jumping up and down or clapping.

Several people also testified last year they saw jurors talking
with Stuckey. That, too, was no reason to grant a new trial, the
judge said.

“The minimal exchange between a juror or jurors and the state
trooper did not have a reasonable likelihood of prejudicing the
jury nor was it intended to influence the jury,” Yoder said.

Yoder also said that any admission made by Lucrezi Olson
regarding the Williams case was not pertinent in this case.

“In the prior case the issue was whether Becky Lucrezi made the
admission that she shot the police officer. In the latter case, the
issue is whether Defendants Nersinger and Nelson lied under oath
when they claimed they personally heard Becky Lucrezi make that
admission. Thus, Judge (Charles) Alexander’s conclusion that Becky
Lucrezi may have made such an admission is not determinative of
whether Nersinger and Nelson heard Lucrezi make such an admission,”
Yoder said.

Stretton disagreed, saying that was a “very important
issue.”

“It was an unfair decision and quite frankly, I am shocked,”
Stretton said.

During the Williams trial, Lucrezi Olson and another passenger
in Williams’ car, Matthew Seeley, testified they were in the back
seat having sex when Williams was pulled over by Jerman.

Seeley said he was so drunk he could not remember what happened.
Lucrezi Olson said Williams shot Jerman as she yelled, “Shoot him,
Tim. Shoot him.”

Stretton said Nelson and Nersinger could get time in state
prison, although he’s prepared to fight against it, saying he felt
the burden of the women being charged with perjury.

Stretton also did not hold back on the McKean County Court
system or the jury who found the two women guilty.

“All I can say is the jury that convicted these girls, I don’t
know what caves they came out of … chewing gum …,” Stretton
said.

“I have never been in a county like yours,” he said. “It’s
appalling to me, sickening.”

“I am upset,” Stretton said. “These girls came forward and
thought they were doing the right thing … now they are going to go
to jail … it doesn’t make sense.”

Stretton is appealing the Williams case to the state Supreme
Court.

Both Nersinger and Nelson are scheduled to be sentenced at 1
p.m. May 23.