SMETHPORT – Two New York women convicted of perjury for
testimony during hearings for a convicted cop killer were sentenced
Wednesday in McKean County Court – but both were released on bail
while their cases are being appealed.
Marian Nersinger, 28, of Holley, and Michelle Nelson, 28, of
Friendship, were each sentenced to three to 23 1/2 months in McKean
County Jail on the third-degree felony charges of perjury for
testifying that they each heard Becky Lucrezi Olson say that she,
and not Timothy Williams, fired the shot that killed Officer Steve
Jerman of the Kane Borough Police Department in February of
1999.
Lucrezi was a passenger in the car driven by Williams when
Jerman pulled them over. She testified against Williams at his
trial in exchange for immunity from prosecution.
Williams was convicted of third-degree murder and is serving a
sentence of 22 to 47 years in state prison.
Prior to the imposition of sentence Wednesday, District Attorney
John Pavlock explained to Judge John Yoder why he felt the women
should be sent to state prison for their crimes.
“The guidelines don’t say ‘here is the sentence for lying at a
child custody hearing,’ or here is the sentence for lying at
another type of hearing,” Pavlock said. The state sentencing
guidelines give a range of probation to nine months of
incarceration for any kind of perjury.
However, Pavlock said the gravity of the underlying case should
be considered in this instance.
“This involves a very serious case … the homicide of a police
officer,” he said. “That should push the sentence into the top end
of the guideline range.”
He went on to say that both women were friends with the Williams
family and didn’t like Lucrezi Olson, suggesting that was why the
women lied under oath.
“Hundreds of hours were devoted to investigating and prosecuting
this case,” Pavlock said, adding those hours were needlessly spent.
And, he said, the testimony the women gave caused more emotional
hardship on the Jerman family, which shouldn’t have to suffer any
longer.
He read a statement from Donald Jerman, son of Steve Jerman.
“Our family feels we will not be able to have closure until these
proceedings are over,” the statement read. It continued by saying
that each time another motion comes up in the matter, the family
has to relive Jerman’s death all over again.
Pavlock said that when a witness is sworn in, that person “has
to decide should they tell the truth? Perjury is an attack on our
system. A strong message needs to be sent.”
West Chester attorney Sam Stretton, representing both Nelson and
Nersinger, disagreed with everything Pavlock said, asking for
probation in the matters. He referred to the Williams trial and the
specially appointed judge who heard the case, Judge Charles
Alexander.
“The judge made a finding of fact that Ms. Lucrezi made these
statements, which he,” Stretton said, gesturing towards Pavlock,
“ignores. There is a finding of fact where Judge Alexander
criticizes the district attorney’s office …”
Stretton said 16 other people heard the same thing that Nelson
and Nersinger heard, but no one else was prosecuted for it.
“I have a serious issue here with the conduct of the district
attorney’s office,” Stretton said. He claimed that Nersinger had
gone to the district attorney following the Williams trial to tell
them what she had heard Lucrezi Olson say, but that information was
never turned over to Stretton for use in defense of his client.
He also argued that Pavlock waited too long to charge the women,
as Nersinger testified in July 2004 but wasn’t charged until
October of 2004 – right before Nelson was to testify. Nersinger
testified earlier than others because she was battling breast
cancer and not expected to survive.
“Had the district attorney come forward earlier, many of the
inconsistencies might not have happened,” Stretton said.
He referred to the health of both women, saying Nelson suffers
from diabetes, asthma and back pain, while Nersinger has breast
cancer that may or may not be in remission – she doesn’t have
transportation to a doctor for diagnosis.
“We have every reason to give them probation in this matter,”
Stretton said.
“For you to throw the book at them clearly contradicts Judge
Alexander,” he said to Yoder. “He heard the whole thing. You only
heard part of it.”
Pavlock had a brief response, addressing Alexander’s memorandum
after the Williams hearings.
“The judge also issued an order saying his finding has no
bearing outside the case,” Pavlock said. Regarding Lucrezi Olson’s
alleged statements, Pavlock said, “The judge made no finding
regarding these witnesses” and any statements they may have
heard.
Yoder, prior to imposing the sentence, said, “I was a district
judge for 22 years and have been a judge for four years. It’s
apparent to me that someone is lying in this situation.”
As part of the sentence, Nelson and Nersinger were ordered not
to have any contact with each other or with Lucrezi Olson.
Immediately after the sentencing hearing, Stretton filed notices
of appeal in both cases in the Clerk of Courts office. Both women
were released on bail pending appeal.
