A week before the start of Eric Kay’s trial over the overdose of pitcher Tyler Skaggs, attorneys for the former Angels PR director asked a federal judge to postpone the case for at least a month.
In a petition filed Monday with the U.S. District Court in Fort Worth, Texas, attorneys Michael Molfetta and William Reagan Wynn said prosecutors told them the grand jury could return a substitute indictment against their client as early as Tuesday.
According to the petition, the surrogate indictment would add the distribution of oxycodone to the bill that Kay conspired to “possess with intent to distribute” fentanyl “from 2017 or earlier.”
“The undersigned attorneys have prepared to defend specific indictment allegations, and the addition of another controlled substance to the conspiracy allegation requires the undersigned attorney to change his judicial strategy, potentially including calling various witnesses and attempting to present various evidence,” the statement said. …
Skaggs was found dead in his hotel room in Southlake, Texas on July 1, 2019, before the Angels began their streak against the Texas Rangers. Investigators found a fake oxycodone pill with added fentanyl in Skaggs’ hotel room. The autopsy report stated that he died of asphyxiation from vomiting due to “poisoning with a mixture of ethanol, fentanyl and oxycodone.”
Kay was charged with criminal charges in August 2020 and charged on two counts in October 2020. This included an accusation of distributing fentanyl, which led to Skaggs’ death. Kay pleaded not guilty.
The lawsuit was postponed four times for various reasons, including one of Kay’s lawyers who contracted COVID-19.
In the petition, the attorneys said their litigation strategy would be to “exclude any evidence of Mr. Kay’s alleged outside activities with oxycodone,” although the discovery included “a significant body of information that Mr. Kay allegedly delivered oxycodone to Tyler Skaggs. and others. “
“The undersigned attorney has concluded that the evidence of the alleged supply of oxycodone is inappropriate to corroborate the claims in the first paragraph,” the petition said.
According to the petition, choosing this strategy, the attorneys “focused exclusively on witnesses who could testify about possible sources” in relation to the counterfeit pill found in Skaggs’ room, which is “the only confirmed fentanyl in the case.”
In an August trial, prosecutors said they plan to provide testimony from five Major League Baseball players who claimed to have received oxycodone from Kay, not fentanyl. The names of the players are not publicly announced.
“Denying the requested extension will almost certainly lead to a miscarriage of justice,” Kay’s lawyers said in a motion, “because at such a late date and, as stated above, the undersigned lawyers cannot reasonably adjust their litigation strategies, determine which witnesses should be summoned to determine what exhibits should be marked for admission given a significant change in the conspiracy charge a week before the trial. “