DAILY NEWS STAFF WRITER
Thursday, August 12th 2010, 9:00 PM
A Long Island man sentenced to 25-years-to-life in prison for decapitating his stepdad with a samurai sword had his conviction overturned Thursday.
A state appellate court ruled that Zachary Gibian, 23, should get a new trial because of several problems with his original 2007 conviction.
"He wasn't given a chance to make his defense fairly, and we're just happy the Appellate Division saw it our way," said Gibian's attorney, Joe Ferrante.
In the shocking trial, Gibian alleged his step-father, Scott Nager, a retired cop who collected Nazi memorabilia, had molested him for years.
Gibian was convicted of chopping Nager's head off with a 17th-century samurai sword in 2005 as he dozed on a couch.
The trial featured testimony by Gibian's pal, Troy Harrelson - son of Mets legend Bud Harrelson - who admitted helping dispose of evidence.
The appellate court ruled that the judge should have allowed Gibian to testify his mother told him she committed the murder.
The panel also ruled the judge should have investigated allegations of jury misconduct and should not have set a time limit on the defense's closing argument.
Suffolk County District Attorney Thomas Spota said he planned to appeal.
From: http://www.nydailynews.com/news/ny_crime/2010/08/12/2010-08-12_new_trial_in_samurai_slay_of_stepdad.html
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