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Jayson Williams

Discredited Defense of Jayson Williams

6 April 2004–Jayson Williams may be paying for top shelf legal representation, but he’s receiving incompetent representation. In his opening statement, Williams’ criminal defense attorney, Billy Martin promised the jury, “Jayson Williams will tell you what happened that night. Jayson Williams will tell you how this horrific, totally unforeseeable accident occurred.” Throughout his opening, Martin repeatedly told the jury that Williams would be explaining away seemingly inculpatory evidence with the same line, “Jayson will tell you.” Today, Williams asserted his 5th Amendment Right not to testify.

Watching a client like Williams struggling to answer the unanswerable could not have formed part of Martin’s pre-game trial strategy. Criminal defendants usually testify last. The image of a criminal defendant stumbling through unbelievable, if not impossible, explanations for highly damaging evidence are hardly the way to end a case. That was particularly true here when Williams’ credibility would be repeatedly tested by the prosecutor. What helpful testimony could Williams, after all, offer to the question, “Isn’t it true, sir, that following the shooting you ordered your guests to lie for you?” Williams either denies having directed the guests to lie and thereby puts himself at odds with the testimony of several witnesses or admits that he concocted the lie and pressured his friends to lie to the police. No winning answer there.

And while seeing the jurors frowning at a client drowning in his own nasty pool of lies, inconsistencies and incredible denials is painful, listening to the prosecutor dwell on a defendant’s lies may be worse. If the defense puts not a single witness on the stand, the prosecutor spends much of his closing on the defensive, trying to explain to the jury why the inconsistencies, lies and Shenanigans of the witnesses testifying for the government don’t discredit his case. Martin smartly decided against calling Williams to the stand.

Unfortunately for Williams, the jurors will remember Martin’s promise that Williams would testify, especially since Martin repeated that promise again and again and again. The jurors will likely conclude that because the case is going so badly for the defense, Williams lost his nerve. Although a criminal defendant has no obligation to take the stand, Martin will now have to answer for his broken promise. It was a mistake typical of inexperienced trial lawyers, unforgivable for an attorney holding himself out as savvy trial lawyer. What, exactly, can Martin say about his broken covenant that will neutralize the issue for the jury? Further, why should the jury credit anything Martin says after he went back on his promise? When the client is accused of manslaughter and of an elaborate attempted cover-up, the last thing he needs is his criminal defense attorney struggling to answer the unanswerable – why did you break your promise to us?

Kevin J. Mahoney is a Cambridge, MA Criminal Defense Lawyer.

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Testimonials

  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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