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Court papers: Father of Thomas Liming lied about son's clothing, sister 'evasive'

Thomas Liming, 21, left, turned himself in and

Thomas Liming, 21, left, turned himself in and was charged with second-degree murder in the Nov. 16, 2011 killing of Kyle Underhill, 18, of Islip, right. (Nov. 29, 2013) Credit: Yearbook photos

The father of an Islip man charged with killing a friend was indicted on a charge of perjury after he testified he didn't know the whereabouts of clothing his son may have worn the day of the slaying two years ago, according to court papers.

The twin sister of the accused, Thomas Liming, also gave testimony that was "so evasive" that she was charged with criminal contempt, prosecutors said in the papers obtained by Newsday Wednesday.

On Tuesday, defense attorneys for Keith Liming, 53, and his daughter, Elaine, 21, confirmed the charges against the pair, who pleaded not guilty on Monday. The lawyers contended Keith and Elaine Liming truthfully testified before the grand jury in State Supreme Court in Suffolk. Wednesday, Elaine Liming's lawyer, George Duncan of Central Islip, declined to comment, and Keith Liming's attorney, David Cohen of Kew Gardens, could not be reached.

Thomas Liming was charged in November with killing Kyle Underhill, 18, of Islip, on Nov. 16, 2011. The two were classmates at Islip High School.

On the day Underhill died, Liming's mother called 911 to say her son needed assistance, prosecutors said then.

Underhill's bludgeoned body was found three days later, partly submerged in a marsh near his home.

The medical examiner's office determined he was alive when he was submerged in the marsh, Assistant District Attorney Janet Albertson said then.

Albertson said Underhill suffered more than a dozen blunt-force wounds to his head and face, as well as multiple fractured ribs.

According to a transcript of grand jury testimony in November last year -- just days before his son was charged -- Keith Liming answered "no" when asked, "Do you have any knowledge from any source as to where the clothing is?" referring to what his son wore when he got home Nov. 16, 2011.

Keith Liming said he never asked his son, nor did his son say what happened to the clothing.

Neither he nor his wife disposed of any clothing, he testified. When asked if his son disposed of clothing, Liming said: "Not that I am aware of, no, not to my knowledge."

In court records, prosecutors said Elaine Liming's responses were "so evasive, so equivocal, so conspicuously false as to be the equivalent of refusing to answer."

Elaine Liming said she didn't recall if her brother had injuries or the condition of his clothing on Nov. 16, 2011. "Um, I was not really focused on his clothing. I was more focused on him as my brother, and his face," she said.

Elaine Liming said there was no debris, dirt, mud or leaves "that I could remember" on his hair or face. She recalled her brother was crying, that his jaw was quivering and he was mumbling incoherently but wouldn't talk to her or her mother.

The sister said she left to get help from her boyfriend and didn't recall what her brother may have said when a police officer arrived in response to the mother's 911 call.

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