High court strikes down Williams’ new trial

Thursday, July 22, 2004 | 11:09 a.m.

CARSON CITY -- The Nevada Supreme Court ruled today that Jessica Williams was properly found guilty of driving under the influence of marijuana when she hit and killed six teenage members of a cleanup crew on Interstate 15 in March 2000.

The court overturned the decision of then-District Judge Michael L. Douglas, who had granted a writ of habeas corpus in Williams' favor.

Williams' lawyer argued that marijuana metabolite, carboxylic acid, is not a prohibited substance on the list of scheduled drugs. Douglas agreed and ruled Williams' convictions for driving a vehicle with a prohibited substance in her blood or urine should be voided.

Douglas is now on the Nevada Supreme Court but did not participate in the high court's handling of the case. His colleagues said that while marijuana metabolite is not listed on the schedule of prohibited drugs, it is clear from the plain language of the law that it is a prohibited substance.

The ruling acknowledged that while marijuana is on the list of prohibited drugs, marijuana metabolite is not. But it added the Legislature deemed marijuana metabolite as a controlled substance.

"They are wrong. This is very sad when the law can be contorted and ignored like this," Williams' attorney, John Watkins, said this morning.

Watkins said he was still reading the Supreme Court decision and deciding what to do next. He said he could appeal the ruling to U.S. Supreme Court, but it is more likely that he would file a lawsuit in federal district court asking the federal court to rule on the same issues the state court considered.

Watkins has one appeal from the federal court in the case already pending before the 9th U.S. Circuit Court of Appeals. U.S. District Judge Philip Pro in March denied Watkins' argument that Williams had been the victim of double jeopardy and should be freed.

A direct appeal of the case was rejected once before by the state Supreme Court, in 2002, which noted that the issue of marijuana metabolite needed to be raised during a trial or on direct appeal before the high court could consider it.

"Williams did not establish good cause for failing to raise the claim at trial or on direct appeal," the court said.

Williams was also convicted of single counts of unlawfully using a controlled substance and possession of a controlled substance.

The former exotic dancer was sentenced to 18 to 48 years in prison. After Douglas' ruling, she remained in prison on $2.5 million bail.

Her car was traveling at an estimated 75 mph when she plowed into the teens in March 2000. She was returning to Las Vegas from Valley of Fire after staying up all night using marijuana.

Williams at the time admitted using marijuana but said she was not under the influence of the drug at the time of the accident. She said she fell asleep at the wheel.