Toxicology results at center of dispute

Kim Smith

Monday, Feb. 12, 2001 | 11:11 a.m.

Prosecutors in the Jessica Williams case objected strenuously this morning to the addition of a defense expert who is reportedly going to testify that the level of marijuana in Williams' blood March 19 was much lower than what state experts believe.

The 21-year-old is accused of drifting off the freeway north of Las Vegas on March 19 and striking and killing six teenagers as they were picking up trash in the median as punishment for minor crimes.

Those killed were Malena Stoltzfus, Jennifer Booth, Rebeccah Glicken, Scott Garner Jr., Anthony Smith and Alberto Puig.

Prosecutors allege Williams had marijuana and Ecstasy in her system, but her attorney maintains she simply fell asleep.

Defense attorney John Watkins said this morning during a break in the sixth day of Williams' trial that his experts found Williams' blood samples from that day contained less than 2 nanograms of THC, the active ingredient in marijuana. Nevada law sets 2 nanograms as a level that assumes impairment.

Chief Deputy District Attorney Gary Booker argued before District Judge Mark Gibbons that although he was aware that Williams' attorney had sent the blood out to be tested in the first week of January, the law required Watkins to notify him of the results at least 21 days before the trial.

Because Watkins provided the information five minutes before court began this morning, Booker said his experts do not have time to go over the results and how they were achieved.

In addition, Watkins was supposed to give him the name of the toxicologist and his resume within that same 21 days so prosecutors could investigate his background before his testimony, Booker said.

Booker told Gibbons that Watkins could have tested the blood last April, but purposely chose to wait until the eve of trial. Booker hinted that the latest tests may not be accurate, because the blood is so old.

Watkins told Gibbons he didn't even get the results until midnight Sunday. There are some instances, he said, where lateness is OK. Gibbons said he would question the toxicologist outside the jury's presence to try to ascertain if Watkins caused the delay.

Jurors can acquit Williams or find her guilty of driving under the influence of a controlled substance, driving under the influence of a prohibited substance, reckless driving or involuntary manslaughter.

In order to convict her of the controlled substance charge, the jury would have to believe she was impaired by the drugs -- something Watkins believes is scientifically impossible to prove.

Booker contends the jury can convict Williams under the prohibited substance section of the DUI statute, which doesn't address impairment. It simply states that those with certain levels of marijuana in their system are considered to be driving under the influence.

Toxicologists hired by the state have testified that Williams had 5.5 nanograms of marijuana's active ingredient -- THC -- in her blood after the accident.

On Friday defense expert Dan Berkabile testified that there is no way to tell if Williams smoked enough on the day of the accident to reach 2 nanograms or more.

The chemist said that THC will often leak back into a chronic marijuana user's blood from the fatty tissues of the body, but by then it will have no effect on the user.

Some of the 5.5 nanograms found in Williams' body may have been from prior marijuana usage, Berkabile said.

In addition, Berkabile testified that just because THC is in a user's brain doesn't mean the person is impaired. It would have to be flowing through the brain to have an effect.

Prosecutors have argued that while some believe there is no correlation between impairment and the amount of THC in the blood, the THC is carried to the brain and remains there, causing impairment. The amount of THC in the blood can only hint at the impairment, they say.

Berkabile said that in his opinion, Williams fell asleep.

Prosecutors tried to prevent Berkabile from testifying, because although he says he is a toxicologist and runs a lab, he has only a bachelor's degree in chemistry.

Watkins pointed out that Berkabile has testified for the state in the past.

Closing statements in the trial could begin as early as Tuesday.

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