Defense is appealing judge's decision

SOMERVILLE, N.J. -- The judge in the Jayson Williams
manslaughter trial refused to throw out the case against the former
NBA star Thursday despite prosecutors' failure to turn over
photographs and notes on the shotgun that killed a limousine

The defense, which contends the gun misfired, had argued that
the materials were critical to its case. The evidence, assembled by
a prosecution weapons expert, was not turned over until after the
defense had rested.

But Superior Court Judge Edward M. Coleman called the error
"negligent" and not a case of deliberate concealment of evidence.
And he said the situation can be corrected by allowing the defense
to reopen its case.

The jury, which has been out of court since April 1 because of
the dispute over the withheld evidence, is scheduled to return for
more testimony Monday.

Williams was not in court Thursday. His second daughter was born

His attorneys said they will appeal the judge's ruling and ask a
higher court to halt the trial while it considers the case.

Williams is charged with killing Costas "Gus" Christofi, 55,
in 2002 while fooling with the shotgun at his mansion. He is also
charged with trying to make the shooting look like a suicide and
persuading others to lie to the police.

Williams faces eight charges, the most serious of which is
aggravated manslaughter. Collectively, they carry up to 55 years in

The basketball star retired from the New Jersey Nets in 2000
after breaking his leg in a collision with a teammate. He was
suspended from his job as an NBA analyst for NBC after the