Supreme Court takes up battle over new Williams trial

Wednesday, Feb. 4, 2004 | 9:40 a.m.

CARSON CITY -- The Clark County district attorney's office goes before the Nevada Supreme Court next week in an effort to stop a new trial for Jessica Williams, the driver found guilty in the deaths of six teenagers in a roadside work crew.

Defense lawyers for Williams maintain District Judge Michael Douglas was correct when he approved a writ of habeas corpus that set aside Williams' six counts of driving under a controlled substance.

The court has allocated one hour for oral arguments on the case.

The court has already upheld Williams' conviction, but Douglas subsequently ruled that the marijuana metabolite found in her blood was not listed as a prohibited drug by the state Board of Pharmacy.

Defense lawyers John Watkins and Ellen Bezian, in their pre-hearing legal briefs, note that marijuana metabolite is carboxylic acid and that is not on the list of prohibited drugs.

They argue that the prosecution at trial presented two theories -- that Williams was under the influence of either marijuana or the marijuana metabolite that was found in her blood.

"When a case is submitted to the jury on alternative theories and one of the theories is contrary to law, the verdict must be set aside," the Watkins-Bezian brief says.

But James Tufteland, chief deputy district attorney, said the Supreme Court, in its first opinion upholding the conviction, dealt with the issue of marijuana metabolites.

He quoted the Supreme Court's first decision that "A metabolite means a product of metabolism." Marijuana metabolite, the court said "is the result of ingesting marijuana."

Tufteland said the law is clear and that Douglas was barred from hearing the claim since the Supreme Court already ruled on it.

Williams was convicted of six counts of driving under the influence of a controlled substance, one count of using a controlled substance and one count of possession of a controlled substance.

The court, in its first decision, rejected arguments by defense lawyers that the state law that prohibits driving with marijuana in the bloodstream was unconstitutional.

The 23-year-old former exotic dancer, sentenced to 18 to 48 years in prison, maintained she had used marijuana before the accident but was not impaired when her car, traveling about 75 mph, went off Interstate 15 and plowed into the youngsters who were part of a juvenile detention crew cleaning up the side of the freeway.

Court documents said that Williams was returning to Las Vegas from the Valley of Fire on March 19, 2000, after staying up all night using marijuana. She also admitted she used the drug Ecstasy on the evening prior to the collision.

Williams maintained she fell asleep at the wheel.

Killed were Scott Garner Jr., 14; Alberto Puig, 16; Anthony Smith, 14; Rebeccah Glicken, 15; Maleyna Stoltzfus, 15, and Jennifer Booth, 16.

After the accident, Williams handed her marijuana-packed pipe to police. She was also in possession of a plastic bag of marijuana.