| Copyright 2015 linkinglewiscounty.com all rights reserved privacy policy here |
| Trial Underway for Brenda Roth in Teen's Overdose Death: Day 1 Recap 01/23/17 12:00pm Updated 8:20pm |
| Everything You Need To Know About Lewis County In One Place! |
Search Our Site:
Google Suggested Content:
underway this morning in Lewis County Court. Ms. Roth is facing charges of second-degree Manslaughter, Criminally Negligent Homicide, Tampering With Evidence and Endangering the Welfare of a Child, in connection to the December, 2014 drug overdose death of 15-year-old Derek M. Holton. The trial is being presided over by Herkimer County Judge John H. Crandall, acting Lewis County judge, as Lewis County Judge Daniel R. King had previously decided to recuse himself from the case. Special Prosecutor Caleb Petzoldt, former Lewis County Assistant District Attorney and current Onondaga County ADA, is overseeing the prosecution along with Lewis County Assistant District Attorney Mark Lemieux. Defense Attorney's Gary Miles and Mike Young are representing Ms. Roth. The judge has barred all cameras, audio recording devices, and other electronic devices from the courtroom. In opening arguments, the prosecution argued that "the evidence will show beyond all doubt that Ms. Roth's reckless and destructive behavior was responsible for Derek's death," which took place at her Deer River residence in the early morning hours of December, 28, 2014. The prosecution claims that Ms. Roth had provided Mr. Holton with oxycodone pills, and prevented calling for medical attention when Mr. Holton began showing signs of problems. They also contend Ms. Roth had removed evidence from the scene and told the witnesses present to lie to the police when questioned. The defense, in their opening argument, claimed that Ms. Roth had no knowledge that Mr. Holton had taken any drugs at her residence. They argued that under the law, it must be proven that she is criminally liable and held a "duty to protect Derek Holton." With New York State not having a 'Good Samaritan' law, there is a difference between criminal liability and what one would perceive as the morally right thing to do, the defense argued. They claim that Ms. Roth was in her bedroom the entire evening, and had no idea what was going on or what Mr. Holton and the four teenage girls present were doing. "Brenda didn't shove the drugs down his throat and holds no criminal liability," Mr. Miles concluded. The prosecution called on a total of four witnesses to testify on the first day. Amber Holton- Derek's mother, New York State Police Investigator Micheal Kosakowski, and two teenage girls present the night of Derek's death, each provided testimony. Ms. Holton testified to when she had last seen Derek to when she received notification of his death. On the afternoon of December 27th, 2014, Derek left their home in Carthage around three o'clock she said. He said he was going to hang out with friends, which was not uncommon, according to her testimony. Around 5 PM she received a text from Derek, asking if he could stay overnight at a friends house, which was not Ms. Roth's residence. She agreed, as she said that she knew this friend and his parents. Ms. Holton said she next texted with Derek around 7 PM, about a case she was getting for his phone. Shortly before midnight, Ms. Holton testified, she was returning from a friend's house in Watertown, when she tried calling Derek to see if he wanted to be picked up. She tried calling 4 or 5 times and sent 3 or 4 texts, according to her testimony, adding it was very unusual for him not to answer. When asked on cross examination why she didn't call the friend's house that she thought Derek was at, when he didn't answer his phone, she explained she thought maybe he was sleeping. She also did not want to disrupt the household by calling at that hour she testified. She testified she learned of Derek's death on the morning of December 28th, when she was notified by a State Trooper. Investigator Kosakowski testified that at the time he was a crime scene technician with the New York State Police(NYSP). He was called to the scene of the Roth residence in Deer River to execute a search warrant on the property, arriving just after 6 PM on December 28th. He indicated that the residence, a shed on the property, a camper, and a vehicle were searched at the time. He testified that inside the residence he recovered seventeen pill capsule ends in the kitchen sink. Inside one of the bedrooms he found four empty blister packs of cold and flu medication. Inside of Ms. Roth's master bedroom, according to testimony, a number of prescription medications were recovered from the top drawer of a metal 3-drawer cabinet. These included oxycodone, oxycotin, clozapine and lyrica. Other prescription medications were found around the master bedroom as well, he testified. None appeared to be concealed, he noted during cross examination. Also recovered as evidence was a bag of trash in the shed, containing nine empty blister packs of cold and flu medication. Upon cross examination Investigator Kosakowski noted he did not know when the items may have been thrown away and could not recall if they were toward the top, middle or bottom of the bag. Two teenage girls, present at Ms. Roth's residence on the night of December 27, 2014, also provided testimony on day one of the trial. We have opted to not use their names due to their ages, both now seventeen. For the most part, both accounts were similar, describing the events that took place the day and night of Derek's death. Both recalled being with two other girls at one of the girls' residence in Carthage when Derek arrived. They both described leaving and making a stop at a number of stores in Carthage trying to steal 'Triple C's', described as cold and flu medication they could use to get high. After two of the girls had success at the Rite-Aid store in Carthage, both stated that Ms. Roth picked up the four girls and Derek from outside the Rite- Aid. After making a few stops, they arrived at the Roth residence around 6:30 PM. Both said after eating Ms. Roth went to her room. The five teens played video games and watched a movie. After Ms. Roth went to her room all five were described as taking 'Triple C's'. Both testified to Ms. Roth's room being entered numerous times by one of the girls. The second witness testified to seeing Ms. Roth hand one of the girls pills. She also testified to seeing Derek and one of the girls snorting crushed pills through a small straw. Both agreed that to their knowledge Ms. Roth did not directly witness any of the teens taking any of the pills. Around 1:30 or 2 AM one of the girls noticed Derek was having problems with breathing. Both indicated that Ms. Roth was alerted. At that time they said Ms. Roth attempted to contact her EMT boyfriend, with no success. The second witness described Derek as eyes closed with a rattling sound when breathing and "white frothy stuff" on the sides of his miss. She said she looked at his pupils which were very small. She said she asked Ms. Roth to call 911, to which she allegedly replied let's wait it out. Both testified that Ms. Roth assured all of the teens Derek would be fine and just needed to sleep it off. All went back to bed, until they were awoken around 6 AM, when one of the girls came into Ms. Roth's room saying that Derek was dead. Both testified that Ms. Roth instructed them not to call for help until they had cleaned up. Both said that Ms. Roth instructed them to tell police that Derek had shown up in the middle of the night and that they didn't know he was there until they found him that morning. Testimony is set to resume on Tuesday at 9:30 AM. |
