Expert’s testimony favors suspect

Kim Smith

Tuesday, Feb. 13, 2001 | 11:27 a.m.

A forensic toxicologist testified this morning that Jessica Williams was not impaired by either marijuana or Ecstasy when she hit and killed six teenagers as they were picking up trash on Interstate 15 last year.

Michael Peat, a forensic toxicologist from Kansas City, Kan., said there is no scientific evidence that marijuana is a sedative. He also testified that Ecstasy does not result in sleepiness when users are "coming down."

In fact, studies shows that Ecstasy often results in aggressive driving habits, such as speeding or frequent lane changes, Peat said.

Peat's testimony struck another blow for the state, which is trying to prove that Williams fell asleep at the wheel of her van because of the drugs.

The first blow for the state came Monday when another toxicologist testified that Williams' blood had far fewer nanograms of marijuana's active ingredient than the state's experts believe.

Today is the seventh day in the trial and could be the last day of testimony.

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.

Williams' attorney, John Watkins, insists that Williams simply fell asleep.

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

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.

To convict her of the controlled substance charge, the jury would have to believe she was impaired by the drugs; but Watkins has argued there is no correlation between marijuana in the blood and impairment.

Chief Deputy District Attorney Gary Booker contends the jury can convict Williams under the prohibited-substance section of the state statute on driving under the influence, which doesn't address impairment or Ecstasy. 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. Nevada's statutes indicate that anyone with 2 nanograms or more is considered to be under the influence of the drug.

The testimony of those toxicologists came into question Monday, however, when District Judge Mark Gibbons allowed forensic toxicologist David Andrenyak to testify on Williams' behalf.

Andrenyak testified that when he tested Williams' blood last week, there were less than 2 nanograms of THC in it.

Booker and Deputy District Attorney Bruce Nelson didn't think Andrenyak should be allowed to testify because Watkins did not provide his name and resume or the results of his tests in a timely fashion.

The law requires that attorneys provide expert-witness lists at least 21 days before trial, and Watkins provided the information Monday morning.

The prosecutors hinted that Watkins purposely waited to have the blood tested 11 months after the accident because he knew the THC levels would drop dramatically.

Andrenyak testified twice Monday -- once outside the jury's presence and once in front of it.

Each time Andrenyak testified that if blood is stored at room temperature, the level of THC can decrease as much as 90 percent after six months. Williams' blood was stored at room temperature after the state's toxicologists tested it.

That revelation stunned Watkins, who turned around and accused the prosecutors of destroying evidence. He maintains the blood should have been refrigerated, and is expected to file a motion asking that the state's blood tests be thrown out and not considered by the jury.

The prosecutors disagreed about the significance of the refrigeration issue, saying refrigeration can hamper the testing of blood.

Watkins and prosecutors went back and forth with Andrenyak about the significance of one study that showed a blood sample that was refrigerated six months turned into a gel.