State appeals decision allows second trial in samurai case

The state's highest court has let stand an order granting a new trial to a Hauppauge man convicted of killing his stepfather, a court spokesman said Wednesday.

In a decision dated Nov. 12, New York State Court of Appeals Judge Carmen Beauchamp Ciparick denied an appeal filed by Suffolk prosecutors of a lower court decision that overturned the second-degree murder conviction of Zachary Gibian, 23. Prosecutors say he killed Scott Nager, 51, in 2005 by nearly beheading him with a samurai sword.

Ciparick's decision means Gibian likely will stand trial a second time for the slaying.

John Collins, chief trial prosecutor for the Suffolk district attorney's office, said prosecutors "are extremely disappointed for the Nager family that this case must be retried."

He added: "However, we have every confidence that the overwhelming proof of the defendant's guilt . . . will again result in Zachary Gibian's conviction."

The Appellate Division of the State Supreme Court ruled in August that Gibian had been denied a fair trial in 2006 due to errors by the trial judge.

Before his conviction was thrown out, Gibian had been serving a 25-years-to-life sentence at an upstate prison. He is being held in Suffolk County jail without bail as he awaits the new trial.

SEE PHOTOSNotable LI crimes

That trial is expected to take place next year, said Gibian's attorney, William Keahon of Hauppauge.

"I'm very happy that the Court of Appeals believed that there was no merit to the district attorney's position seeking to overturn the Appellate Division's reversal of the case," Keahon said yesterday. "I look forward to a trial of the issues, and I expect that a jury of 12 will not hesitate to return a verdict of not guilty and set Zach Gibian free."

During his sensational first trial, Gibian testified that his disabled mother, Laura Nager, had killed her husband.

In their decision, Appellate Division justices said State Supreme Court Justice Robert W. Doyle had mistakenly forbade Gibian from testifying about what his mother allegedly told him about how she killed Scott Nager. The panel also said Doyle should have investigated claims of jury misconduct and should not have interrupted Keahon during his summation.