By Rochelle Steinhaus and Adrien Seybert
Court TV
Jessica Williams did not seem impaired when emergency personnel examined her immediately after she fatally drove her minivan into six teens, according to defense witnesses. In fact, she passed speech and motor skills tests with flying colors.
As the defense began presenting its case Thursday, Williams' defense lawyer John Watkins called to the stand emergency personnel who responded to the March 19, 2000, fatal crash alongside a Las Vegas highway.
Although prosecution witnesses had testified about marijuana and Ecstasy found in the 21-year-old's blood at the time of the accident, defense witnesses said that the former stripper did not exhibit signs of impairment.
"She did not appear to be on any drugs or alcohol," testified Tammy Gomez, an emergency medical technician that treated Williams at the scene.
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| Gomez |
Gomez testified that she checked Williams' eyes and her verbal and motor skills, and that Williams earned the highest possible scores. She did say, however, that the tests were designed to check for head trauma, not sobriety.
According to Gomez, Williams initially denied taking drugs, though she later admitted to police that she had smoked marijuana about two hours before the accident.
"Originally when we got there, my partner Victor [Montecerin] asked her if she were under the influence. She said, 'No,'" said Gomez.
On cross-examination by prosecutor Gary Booker, Gomez said that when she asked Williams whether she had taken any drugs, "the only answer we got was, 'I partied the night before.'"
Blood tests taken later showed traces of Ecstasy, likely taken eight to 10 hours prior to the accident. Williams says she was awake for the previous 24 hours and had fallen asleep at the wheel.
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| Williams |
"She said that when she awoke, she saw the bouncing of bodies off her windshield," Gomez said.
Gomez's partner, Victor Montecerin, also took the stand and said that Williams' vital signs were normal. Also, contrary to some prosecution witnesses who said they observed Williams calmly smoking a cigarette while waiting for help to arrive, Montecerin testified that she was crying and hyperventilating.
When asked about any contact between Williams and her passenger, Tania Ozarek-Smith, Montecerin replied that the two women were holding hands briefly as Williams apologized.
Watkins objected, asking what Booker was getting at by inquiry regarding contact. Booker said that Ecstasy makes one "sociable," and he was trying to show that the hand-holding could have been a sign that Williams was under the drug's influence. A swift objection by the defense was sustained by Judge Mark Gibbons.
An emergency room doctor also testified that Williams did not appear to be impaired as he examined her less than an hour after the crash.
Dr. Anthony Jennings said that Williams gave appropriate responses to questions, was oriented to time and place and did not slur her speech all things that someone under the
influence would do.
Also testifying was Trooper Douglas Webster, who was subpoenaed by the defense. Webster testified that the signs of drug impairment are often similar to those of alcohol impairment.
During Webster's testimony, Gibbons admonished the two lawyers, who have publicly bickered in court through much of the trial, for making speeches, ordering them to stick to asking questions.
"There's going to be drastic action taken the next time somebody makes a speech that doesn't follow court rules," said Gibbons, who became so infuriated during opening statements that he threatened to send Watkins to jail.
Sparks between the judge and defense attorney flew again later in the afternoon, when Watkins said that the law in Arizona where Williams is from allows for legal use of marijuana for medical purposes. Gibbons, who during opening arguments told the jury repeatedly that Nevada law does not permit medical use of marijuana, grew infuriated, telling Watkins, "One more word and you are out of here!"
That heated exchange came during testimony from a drug recognition expert William Redfairn, who testified that blood levels don't necessarily show impairment. But the defense witness did say that he believed the accident was caused by several factors the combination of marijuana and Ecstasy being one.
Before Watkins began calling witnesses to the stand, prosecutors wrapped up their case with accident reconstructionists who said that Williams didn't apply the brake until the first point of impact, which seems to support the defense's argument that she fell asleep.
William Morrison, an independent accident reconstruction specialist, testified that Williams' white Ford minivan started veering off the road, struck a dirt hill alongside the highway and then plowed into the group of teens picking up trash.
Road markings indicate that she tried to brake after first hitting the hill. The vehicle, which was traveling the speed limit of 75 m.p.h., came to a stop 478 feet from the point where it started to drift.
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| Morrison |
Morrison testified that the six teens killed all of whom were performing community service for minor infractions were standing between 12 and 17 feet from the roadway when the crash occurred.
The accident expert also testified that the way the accident occurred could be consistent with a driver impaired by drugs, asleep or just inattentive.
Also testifying for the prosecution was the state's highway patrol accident reconstructionist, Trooper Jon David.
David also concluded that there were no signs that Williams tried to steer out of the median until after she had hit the teens.
He also said he found nothing wrong with the brakes or steering on Williams' van.
Watkins prodded David to admit that Williams' gradual drift onto the median was consistent with a driver who had fallen asleep.
Jurors, who are allowed to ask questions of witnesses through notes screened by the judge, asked if they could visit the accident scene. Out of their presence, Gibbons had ruled earlier this week that it would be impossible to have jurors inspect the site themselves since it would require shutting down the roadway.
Without revealing any details, Gibbons told the panel that the possibility had been considered and rejected.
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