By Rochelle Steinhaus
Court TV
Lawyers on both sides were crying foul and flinging accusations Monday as they argued over blood test results that say Jessica Williams was not impaired by drugs when she fatally ran over six teens.
Prosecutors, whose case hinges on a statute that mandates the limit for marijuana impairment, fought vigorously to prevent the jury from hearing the results of blood tests performed by a toxicologist hired by the defense.
According to those tests, performed by Utah toxicologist David Andrenyak, Williams was well below the legal limit of 2 nanograms, with the highest of six blood samples testing at 1.4 nanograms.
But prosecutors, who presented evidence that Williams' blood tested as high as 5.5 nanograms in a separate analysis, charged that the test results were not accurate. They say that the defense intentionally had the blood tested 10 months after the March 19, 2000, crash to allow the marijuana content to dissipate. The state tests were performed only weeks after the accident that killed six teens picking up trash along a busy Las Vegas highway.
"By delaying here they have basically produced the results they wanted," Deputy District Attorney Bruce Nelson told Judge Mark Gibbons while arguing that Andrenyak's testimony should not be presented to the jury.
While defense lawyers concede that Williams took drugs, they says that she wasn't impaired when she fell asleep behind the wheel and crashed into the teens.
Williams, 21, admits she took Ecstasy the night before and smoked marijuana two hours prior to plowing her van into a group of juvenile offenders picking up trash alongside a Las Vegas highway as part of their community service sentences. She could be sentenced to 120 years in prison if convicted of driving under the influence.
In their bid to keep Andrenyak off the stand, prosecutors also charged that defense lawyer John Watkins purposely withheld information about the defense expert until just minutes before court was called into session Monday, despite a rule that the defense must turn over information about its experts to the prosecution 21 days in advance.
Watkins claimed the defense only received the results on Sunday, preventing him from turning over Andrenyak's findings until early Monday morning.
"If my son was sitting in the courtroom today I would tell him that Mr. Watkins is cheating," lead prosecutor Gary Booker said.
Nelson told the judge that the last-minute notice was an "effort to ambush or sabotage the state."
"I don't know if this man is a forensic toxicologist or the lead act in Circus Circus," Nelson said in the Las Vegas courtroom out of the jury's presence. "I had no time to investigate this man at all."
Before ruling that Andrenyak could take the stand, Gibbons had the attorneys question the toxicologist out of the jury's presence.
During questioning by defense lawyer Watkins, Andrenyak said that studies show that the results of blood tests for drugs were stable over a six-month period as long as the blood was kept frozen or refrigerated.
Allegations began flying from the defense table after the prosecution charged that the test results could not be valid because the samples were stored at room temperature after the prosecution had the blood tested a discovery that enraged Watkins.
"That is a destruction of evidence," hollered Watkins, who charged that it poses a "serious, serious due process issue."
"This puts Jessica at the biggest disadvantage that she could possibly ever have in a case," Watkins screamed, motioning toward his 21-year-old client.
Although Gibbons ruled that Andrenyak could testify, the judge told prosecutors they could try to refute the testimony by calling rebuttal witnesses.
Saying he didn't believe that either side was out to "sandbag" the other, Gibbons said he would not act on any misconduct allegations.
"If this issue has to be dealt with, we'll deal with it as a post-trial motion after the result," he said.
Also testifying was Timothy Cline, the third nurse to take the stand for the defense claiming that Williams did not seem impaired during her examination at University Medical Center shortly after the accident.
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The jury also viewed a short videotape of the accident scene Monday. The panel had asked to visit the crash site, but Gibbons denied that request since the highway would have to shut down.
Watkins has yet to confirm whether he'll call his client to the stand, but he has already decided against calling Williams' sister to testify after prosecutors warned that it could give them leeway to talk about Williams' former career as a stripper.
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