Appeal opposing Williams’ new trial to be filed

Erica Johnson

Monday, March 3, 2003 | 8:51 a.m.

Prosecutors will file an appeal opposing a district judge's decision to grant Jessica Williams a new trial, District Attorney David Roger announced Friday.

District Judge Michael Douglas on Tuesday overturned Williams' conviction on six counts of driving under the influence of a controlled substance in the 2000 incident that left six teens dead.

Williams, 23, was serving an 18- to 48-year prison sentence.

Douglas agreed with defense attorney John Watkins, who had argued that carboxylic acid, a marijuana metabolite, is not listed on Nevada's prohibited substance statute. The presence of carboxylic acid in Williams' system was one of two key pieces of evidence prosecutors offered to establish Williams had marijuana in her system.

An opening brief in the notice of appeal is expected to be filed within the next 60 days, Roger said. A briefing schedule will be set at that time.

Confirmation came after two days of meetings with Chief Deputy District Attorneys Gary Booker and Bruce Nelson, who tried the case.

Roger said the appeal would be based on reasons expressed in Nelson's argument before Douglas in a hearing two weeks ago.

Nelson claimed that because carboxylic acid is the metabolite of marijuana, the statute implies that it is prohibited.

He said Watkins had plenty of time to raise the issue of carboxylic acid during the trial.

The accident occurred when the van Williams was driving careened off Interstate 15 and hit the teens, who were picking up trash on the median as part of a juvenile justice program.

Jurors had determined that Williams was not impaired at the time of the incident but convicted her of driving under the influence under a Nevada law that establishes illegal levels of prohibited substances in the bloodstream.