Federal judge rejects Williams’ argument of double jeopardy

Jace Radke

Wednesday, March 3, 2004 | 11:25 a.m.

A federal judge has ruled that Jessica Williams' rights were not violated during her trial for the traffic deaths of six teenagers in a roadside work crew in Las Vegas.

U.S. District Judge Philip Pro filed a written order denying Williams' petition for a writ of habeas corpus Tuesday, leaving the 23-year-old waiting in prison while the Nevada Supreme Court deliberates on whether she should be given a new trial.

Williams' attorney, John Watkins, argued before Pro last week that Williams was exposed to double jeopardy during her trial when the jury found her not guilty of driving under the influence of marijuana, and then delivered a guilty verdict for driving with marijuana metabolite in her blood.

Pro was not persuaded by Watkins' argument according to his order.

"The principle has long been established in Supreme Court precedent that the presence of simultaneous inconsistent verdicts by a single jury does not give rise to a constitutional violation," the order states.

The Nevada Supreme Court had previously ruled against the double jeopardy argument.

Officials with Watkins' office said this morning that an appeal of Pro's decision would be made to the 9th U.S. Circuit Court of Appeals.

Pro's order goes on to state that the double jeopardy clause of the Constitution only protects against subsequent prosecution for the same offense after an acquittal or a conviction, and that it also protects against multiple sentences for the same offense.

Williams was convicted of six counts of driving under the influence of a controlled substance because of the jury's finding that she had marijuana metabolite in her blood. The former exotic dancer was sentenced to 18 to 48 years in prison.

Williams has maintained she had used marijuana before the accident but was not impaired when her minivan, traveling about 75 mph, went off Interstate 15 and plowed into the teens, who were part of a juvenile detention crew cleaning up the side of the freeway.