A federal judge harshly criticized prosecutors’ attempts to force the Angels to submit to a subpoena against former employee Eric Kay and dismissed the attempt in a ruling printed on Tuesday.
“The government obviously does not know exactly what items it wants from the Angels; indeed, he does not know whether there are any objects at all, other than those already produced “,
US District Judge Terry Means wrote in a five-page document originally filed Oct. 7 with the US District Court in Fort Worth.
At the end of July, prosecutors summoned Angels to court to obtain information about members of the organization, potentially distributing drugs, and then accused the team of refusing to cooperate. In response, the Angels stated that they “provided the government with thousands of pages of documents and an entire computer hard drive in response to at least five subpoenas and requests for information,” and agreed to interviews with “numerous” employees.
“The court is reluctant to approve a government fishing expedition based solely on the lawyer’s assumption that there must be other documents not submitted,” Means wrote. “The Angels presented evidence demonstrating that, apart from documents not included in their privilege log, all relevant documents have already been prepared. The government has not provided any evidence to the contrary in its entirety. ”
Kay has been accused of conspiracy to distribute oxycodone and fentanyl since at least 2017, as well as distributing fentanyl, which prosecutors said led to the death of pitcher Tyler Skaggs from an overdose in a Texas hotel room on July 1, 2019. guilty.
Means’ order is quoted from a statement by the attorney representing the Angels, Nicole Van Dyck, which says that by November 2019, the team had transferred nearly 1 million pages of records to the government. These documents included “all records related to Kai and his interactions with [Skaggs] … “
The Angels asked Means to overturn his decision last month, noting in court that the document did not contain any classified information. The prosecutor’s office opposed this step.
Kay’s trial, which was pushed back to the following year after the grand jury returned a surrogate indictment last week, was postponed again on Tuesday due to a scheduling conflict involving the attorney. The trial is scheduled to begin on February 8. This is the seventh trial date since Kay’s arrest in August 2020.