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News (Media Awareness Project) - US NV: Judge To Rule On Blood Test For Driver In Teens' Deaths
Title:US NV: Judge To Rule On Blood Test For Driver In Teens' Deaths
Published On:2001-01-15
Source:Las Vegas Review-Journal (NV)
Fetched On:2008-09-02 06:05:24
JUDGE TO RULE ON BLOOD TEST FOR DRIVER IN TEENS' DEATHS

Defense Tries To Block Detection Of Ecstasy

A judge this week will rule on a bid to suppress all evidence from a test
that detected the presence of Ecstasy in the blood of Jessica Williams, who
is charged in connection with a March accident that killed six teen-agers.

Defense attorney John Watkins contends authorities should have obtained a
search warrant before they performed the test with a blood sample that was
taken to determine whether marijuana was present in Williams' system.

"The state needs to be held to some standards. In this particular case,
your honor, it's called the Fourth Amendment," Watkins told District Judge
Mark Gibbons on Friday.

Chief Deputy District Attorney Gary Booker said authorities did not need a
warrant because they were not collecting any additional evidence from
Williams. If Watkins were to prevail, prosecutors would have to obtain a
search warrant for each test performed on lawfully obtained evidence, he said.

"This is bordering on the ludicrous," Booker said. "Once that blood is out
of the defendant's arm, it is no longer a search issue, because we are no
longer searching the defendant."

Gibbons said he was intrigued by Watkins' argument, but did not say he had
resolved to rule in his favor. The judge said he would rule early this week.

If evidence of Ecstasy is suppressed, prosecutors plan to seek a search
warrant and then perform the same test on the same blood sample. Gibbons
said Watkins would be given an opportunity to oppose any such request.

Williams is charged in connection with an accident in which a minivan she
was driving entered the median of Interstate 15 and ran over six teens,
killing them. The teens were working on a county work crew that had been
assigned to pick up trash.

Prosecutors allege that Williams passed out after using marijuana and
Ecstasy. Watkins contends Williams fell asleep.

Williams, 21, remains in the Clark County Detention Center on $5 million
bail on charges that include driving under the influence, reckless driving
and involuntary manslaughter. Her trial is scheduled to begin Jan. 29.

Gibbons said he plans to institute security measures not seen locally since
Sandy Murphy and Rick Tabish were tried in the spring on charges of killing
Ted Binion.

Throughout the day, special precautions will be taken to ensure jurors do
not interact with others in the courthouse.
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