Defense protests use of gruesome video displays

Kim Smith

Wednesday, Feb. 14, 2001 | 11:30 a.m.

Fireworks erupted in the Jessica Williams' trial this morning, when her attorney learned that prosecutors intended to use two large video displays during closing arguments.

Defense attorney John Watkins told District Judge Mark Gibbons that the only reason prosecutors wanted to use the video display was to blow up pictures of Williams' victims and inflame the jurors.

The photos in question were taken at the scene of the accident on Interstate 15 and are particularly gruesome.

It will be the first time jurors get a look at photos of the dead victims.

Chief Deputy District Attorney Bruce Nelson pointed out that the photos are already in evidence and Watkins was allowed to use similar technology during his opening arguments.

Gibbons agreed, and closing statements were expected to start about 10:30 a.m.

After more than a week of hearing testimony from dueling toxicologists in the Jessica Williams trial, a jury of seven men and five women could begin deliberating as early as this afternoon.

Williams, 21, is accused of driving under the influence, reckless driving and involuntary manslaughter in the deaths of Scott Garner Jr., Anthony Smith, Alberto Puig, Jennifer Booth, Rebeccah Glicken and Malena Stoltzfus.

The teenagers were on probation for minor crimes and were picking up trash in the interstate's median as part of their punishment when they were killed March 19.

Prosecutors hope to prove that Williams was guilty of DUI under one of two statutes. They have to prove she was impaired by the marijuana or Ecstasy found in her system or, failing that, they have to prove that she had at least 2 nanograms of marijuana's active ingredient -- THC -- in her blood.

Williams' attorney, John Watkins, maintains there is no correlation between THC and impairment, and defense experts have said she had less than 2 nanograms of THC in her system.

Williams, Watkins said, simply fell asleep.

A civil lawsuit brought by the parents of the children against Clark County is pending. Watkins was not allowed to raise the county's possible liability in the deaths in this trial.

A Henderson psychologist and sleep expert testified Tuesday that Williams was suffering from an undiagnosed sleep disorder when she drifted off the road.

Mark Chambers testified that Williams suffers from delayed sleep phase syndrome. While most people sleep at night, Williams' body is programmed to sleep between 9 a.m. and 4 p.m., Chambers said.

The accident took place at 1:40 p.m., but Williams' body thought it was 3:40 a.m., Chambers said.

A National Highway Transportation Safety Administration study shows that Williams' accident has many of the same characteristics as sleep-related accidents, Chambers said.

In most sleep-related accidents, the drivers are night-time workers between 16 and 28 who are driving alone on high-speed highways and who suffer from an undiagnosed sleep disorder, Chambers said.

Williams, 21, had worked the night before, stayed up after work and her passenger was asleep and therefore not providing any stimulation, Chambers said.

Chambers also contradicted the state's witnesses by testifying marijuana doesn't make people fall asleep.

Under cross-examination, Deputy District Attorney Bruce Nelson had Chambers read aloud paragraphs from various studies that said drivers often fall asleep at the wheel because of marijuana. One of the studies was from the National Transportation Safety Board.

Chief Deputy District Attorney Gary Booker asked Chambers how someone who is awake for more than 24 hours could not know she needed to sleep.

Chambers answered by saying it is "more difficult than you might think" to tell when one is sleepy.

Booker also brought forensic toxicologist Ray Kelly back to the stand Tuesday to shore up the state's case and to rebut Watkins' experts' testimony.

Kelly said that one day after the accident, tests showed that Williams had 5.5 nanograms of THC in her blood.

Although Watkins' expert said the blood tested at only 1.3 nanograms, Kelly pointed out that test occurred 11 months after the accident. Blood degrades within six months if it is stored at room temperature, as Williams' was.

At the end of the day, Watkins asked for either the case to be dismissed or the state's blood tests be thrown out. He argued that the prosecutors destroyed evidence by not keeping Williams' blood refrigerated.

The prosecutors alleged that Watkins purposely waited until last week to test the blood, because he knew it would degrade over time and show fewer nanograms.

Gibbons declined to grant either of Watkins' motions.

In other court-related matters, Gibbons advised the attorneys that one of the alternate jurors was upset with the prosecutors for making faces throughout the trial, commenting that it is "unfair" to Williams.

Gibbons also told members of the audience they are not to bring newspapers into the courtroom. Members of Williams' family were seen reading newspapers late Tuesday afternoon with bold headlines that could have been seen by the jurors.

Representatives of STOP DUI also expressed their dismay with one of the younger jurors who appeared distracted by the presence of her family in the courtroom.

Jurors have been sequestered during the trial.