Williams’ attorney vows to fight on

Tuesday, Feb. 10, 2004 | 10:53 a.m.

CARSON CITY -- A defense attorney said Monday he will go to the federal courts if he is unsuccessful in the Nevada Supreme Court in securing a new trial for Jessica Williams, the woman convicted in the traffic deaths of six teenagers in a roadside work crew in Las Vegas.

The Supreme Court heard oral arguments Monday in the case.

Defense lawyer John Watkins argued that a decision by District Judge Michael Douglas to set aside the six counts of driving under a controlled substance should be upheld by the Supreme Court.

Watkins claimed that Williams had been charged with being under the influence of marijuana metabolite but that this was not on the list prohibited drugs compiled by the state Board of Pharmacy.

The prosecution presented two theories to the jury: that Williams was under the influence of either marijuana or marijuana metabolite that were found in her blood.

Watkins maintains that the second theory was not appropriate because the metabolite is not on the prohibited drug list.

Watkins said some of the justices appeared to have doubts about his argument Monday.

But he added, "I don't believe the federal courts will allow (the conviction) to stand."

Clark County Deputy District Attorney Bruce Nelson said being under the influence of marijuana metabolite is illegal. He argued that Watkins should have raised this issue before trial.

If the court rules in favor of Williams, Nelson said, it could mean the repeal of laws on driving under the influence of marijuana.

Nelson also said that if the court rules in favor of Williams, she will be tried a second time. Watkins said he did not expect any negotiations for a reduced plea before a trial if he wins his argument at the Supreme Court.

Nelson said Monday he would not predict how the court will rule.

"(The justices) kept hitting the nail on the head" in their questioning of Watkins, Nelson said.

Justice Nancy Becker told Watkins that the law says it is illegal for a person to have marijuana metabolite. Watkins said that law refers only to the amount that is measured in the system.

Justice Bill Maupin said he wondered why the Legislature would include a section in the law referring to marijuana metabolite if it was not illegal.

Williams was sentenced to 18 to 48 years in prison. She admitted she had used marijuana before the accident but said she was not impaired when her car slammed into the teenagers.

Watkins said Williams is "distraught" about the deaths. She is still in prison in lieu of a $2.5 million bond.

The accident occurred in March 2000 when Williams was returning to Las Vegas from the Valley of Fire, traveling about 75 miles an hour on Interstate 15. She ran into the teens who were part of a juvenile detention crew cleaning up the road. She maintains she fell asleep at the time.

The court took the arguments under study and will rule later.