What did Shakespeare say about lawyers?
The latest William Nesler news:

Lawyer says no body, no case
Published: August 11, 2004

By AMY LINDBLOM

An attorney for William "Willie" Nesler wants the murder case against his client dismissed because the victim's body was cremated before defense investigators could examine it.

Brian Chavez-Ochoa, the Valley Springs attorney defending the 23-year-old Sonora man said that, without a body, the defense team has no chance to look for evidence that might exonerate Nesler....

Nesler, the prime suspect in the case, was on the lam for 11 days before turning himself in to a Sacramento bail bondsman the same day the Tuolumne County Sheriff's Department released the body to Davis' mother.

Rita Brown of Arnold had Davis body cremated and his ashes were scattered in the Pacific Ocean last weekend.

Chavez-Ochoa said in most murder cases, the body is preserved by the coroner long enough for tests and an autopsy to be completed.

But, in the case of Davis' body, the coroner called the District Attorney's office to get an OK to release the body first, and that's where a mistake was made, Chavez-Ochoa said.

"But for that phone call they (coroner's office) could have just released the body and there would be no issue," Chavez-Ochoa said. "But by making the call, the district attorney had ‘constructive' possession of the body and therefore a duty to preserve it. It's an interesting question and one that needs to be answered if not at the trial level then at the appellate level."

Tuolumne County Deputy District Attorney Eric Hovatter, who is prosecuting the case, said all the necessary steps to preserve evidence from the body, including taking photographs, retaining fluid samples and an autopsy, were done. Beyond that there was no legal reason to not release the body.

"We had the considerations of the family and we had no idea if Mr. Nesler's arrest was days, weeks or months away, when the decision was made," Hovatter said.

A Sept. 8 hearing on the legal issue has been set....

Willie Nesler is the son of Ellie Nesler, infamous for the 1993 killing of a man accused of molesting her son and four other boys when they were young. She was convicted of voluntary manslaughter and sentenced to 10 years in prison. Based on a successful appeal, she was released from prison early, but has since returned after pleading guilty to drug charges.