Court lets defendant hire expert
A Lawrence County man charged in a woman's 2016 fatal overdose has been granted up to $2,000 to hire his own forensic pathologist to review the state's findings on cause of death.
President Judge Thomas Doerr on Monday granted part of the motion filed by the attorney for Eugene J. Smith III, 48, of Wampum.
Smith, a former resident of Butler Township, is facing charges of drug delivery resulting in death, conspiracy, possession with intent to deliver a controlled substance, and possession of a controlled substance.
The charges stem from three incidents in September 2016 and, ultimately, the overdose death of 24-year-old Elizabeth Arblaster of Brady Township, to whom police say Smith sold stamp bags containing a highly toxic combination of heroin and fentanyl on Sept. 2, 2016.
Arblaster died on Sept. 3, 2016, according to investigators. Toxicology listed her cause of death as fentanyl and heroin toxicity, police said. She reportedly had nine times the lethal level of fentanyl in her system and was found dead in the bedroom of a home on Stoup Road in Adams Township, along with several stamp bags of heroin, syringes and a cooking spoon.
The Butler County Drug Task Force linked Arblaster to Smith through marks on some of the stamp bags, according to court documents, which were marked “The King.” Similar bags were found in Smith's Old Plank Estates apartment, police said. The search also allegedly uncovered evidence of a drug-dealing operation, including dozens of bags of heroin and crack cocaine and more than $1,600 in cash.
On Monday Kenneth Harris Jr., Smith's lawyer, argued before Doerr that the defense needed access to its own expert witness capable of reviewing the state's autopsy report, calling it “the paramount issue” before the court.
Without its own expert, Harris argued, “I have no way to corroborate whether these findings are accurate or correct.”
Doerr agreed with that part of Harris' motion, ordering that the defense be given access to up to $2,000 to contract with a forensic pathologist to review the autopsy findings. However, he denied a second part of Harris' motion in which the defense requested up to $2,000 to hire a private investigator to conduct interviews with Arblaster's mother and at least one other witness, who Harris said was with Arblaster on the way to the Stoup Road home where she was found dead.
Harris argued that witness, who was not identified in court documents, gave investigators information that Arblaster bought heroin from multiple sources that day.
“My problem is, no one fleshed out (her) last hours,” Harris argued before Doerr.
Prosecutors opposed the defense's request to hire a private investigator using public money, and Doerr ultimately denied that part of Harris' motion, ruling that the defense would have the opportunity at trial to explore such information.
Smith, who initially pleaded guilty last November to drug distribution charges in the case, has since denied providing Arblaster with drugs.
Harris replaced public defender Joseph Smith as counsel for the defendant after the initial guilty plea was withdrawn in May.
The charge of drug delivery resulting in death — the equivalent of third-degree murder in Pennsylvania — carries a maximum sentence of 40 years in prison.
A second man, Michael D. Burrows, 30, of Wilmerding, Allegheny County, was also charged in the case. He is currently facing a federal indictment on interstate drug trafficking charges.
Smith is free after posting $25,000 bail.
