FORT WORTH — Jurors in the United States against Eric Kay trial, which began Tuesday, will see a line major league players who were prescribed opioids by Kay. Los Angeles AngelsClubhouse for your home.
Kay, who was also the communications director of the team, is being charged with distributing opioids, and causing Tyler Skaggs’ death due to opioids while on a Texas roadtrip in 2019.
Reagan Wynn, the attorney for the defense, stated that they will name ex-All-Star pitchers during the opening statement of the defense team Matt HarveySkaggs’ drug source, Wynn said. Wynn, while presenting the defense’s version, said that Kay saw Skaggs inhale lines of crushed pills on the night he died. He told the jury that Skaggs was snorting two pink and one blue pills and then asked Skaggs about the source of the pink pill.
Wynn claimed that Tyler Skaggs told Wynn, “those are Percocets Harvey gave me.” While the government didn’t name Harvey in its opening statement it said that a player would testify to Skaggs that he had previously given Skaggs pink tablets, but that he denied having done so prior to the fatal road accident. Harvey is expected later this week to testify in court as a government witness. Scott Boras Harvey’s agent said that he couldn’t comment.
Skaggs did not find Percocet in his system. However, the government identified Skaggs as the prescription opioid.
Wynn also stated that Kay, an avowed opioid addict, had received pills from Hector Vazquez (the umpires’ clubhouse attendant at Angel Stadium) on occasions. Vazquez was unavailable for comment Tuesday night.
Vazquez’s involvement is possible, as well as multiple players admitting to using drugs. The case recalls Major League Baseball’s 1985 drug scandal. 11 players were suspended from the league for cocaine use. It remains one of the worst episodes of Major League Baseball.
The government painted Kay as a drug dealer, who provided opioids to multiple players. They also claimed that Kay recklessly gave Skaggs a fentanyl-laced pill, which caused his death. Assistant U.S. Lawyer Lindsey Beran stated in her opening statement that Kay was also the only person capable of giving Skaggs drugs. Evidence will show Kay supplied Skaggs with pills just before he died.
She stated that Tyler Skaggs was not Tyler Kay’s friend outside of work. “Eric Kay was Tyler Skaggs’ drug dealer.” That was their relationship.
The government presented its first witness before the day was over, a former Angels and current Dodgers pitcher. Andrew HeaneyHe described typical travel arrangements for a road trip and who had access to Anaheim Angel Stadium players. He also talked about the increasingly panicked messages Skaggs’ wife Carli sent Heaney on July 1, 2019, after she was unable contact Skaggs in time to prevent his body from being discovered in his team hotel. (Carli Skaggs will also be testifying as a witness for the government. Heaney answered “no” when asked whether he knew Skaggs was an opioid-user. Heaney said “no” when asked if he knew Skaggs was an opioid user.
Kay reiterated his “not guilty” plea before he was brought to the dock. Kay watched the day unfold with little reaction from his sister, mother, and four friends from California from the gallery.
The defense case is based on three main arguments. First, there is no way for Skaggs to prove Skaggs died from an overdose. He asphyxiated from his vomit. He had also consumed grain alcohol that night. Second, it is impossible to prove that Kay gave Skaggs those pills. Third, even if Kay provided Skaggs with the pills on the day he died from, it is not possible to prove that the transaction occurred in Texas.
The defense will pursue the claim that Skaggs would have survived without the use of fentanyl in his system. This is a crucial point. The original autopsy report did not include this finding, which stated that Skaggs’ death had been accidental. Kay was indicted last year by the government. The government stated that the determination was made after the fact, but didn’t provide any details.
The prosecution indicated that they are ready for a defense team attack on Marc Krouse, the Tarrant County Medical Examiner. Krouse was fired last summer after an investigation showed that he made serious errors in previous autopsies. He has not been accused of making mistakes in examining Skaggs.
During voir dire (the process where attorneys question potential jurors), the government made it clear that the autopsy report and toxicology reports were separate and distinct. Krouse performed the autopsy report. However, a toxicologist determined Skaggs’ system at his death.
AUSA Errin Martin, AUSA’s attorney, asked Judge Terry R. Means about limiting Krouse’s defense’s ability. However, Judge Terry R. Means stated that Krouse’s expert testimony abilities would still be available to the defense.
It is expected that the trial will last for approximately two weeks.