Texts evidence in drug death trial

Kayla M. Leibowitz told Coaldale Police Chief Keith A. Krapf she sold drugs to a borough man the night before he was found dead from fentanyl, Krapf told a Schuylkill County jury Monday.

Jurors also saw printouts of messages between Leibowitz and the victim, George Dougherty, 25, over two days preceding his death on March 9, 2017.

The trial of Leibowitz, 29, whom Krapf charged with drug delivery resulting in death, resumed at 9 a.m. today before President Judge William E. Baldwin.

Leibowitz was also charged with criminal use of a communication facility, delivery of a controlled substance and possession of a controlled substance.

She is also being tried on charges of possession of drug paraphernalia and four counts of possession of a controlled substance on June 21, 2017.

Berks County District Attorney Colin R. Boyer, with Assistant District Attorney Matthew A. Thren, is prosecuting the case.

The Schuylkill County District Attorney’s Office cannot prosecute because District Attorney Michael A. O’Pake served as Leibowitz’s public defender at her preliminary hearing.

Leibowitz, of New Ringgold, is represented by public defender Paul G. Domalakes.

On Monday, the first day of the trial, Boyer called as witnesses Dougherty’s mother, Jane Mikonis, his brother, Robert Mikonis, digital forensics expert Sophie Hiser, deputy Schuylkill County coroner Debra Detweiler, forensic toxicologist Edward J. Barbieri, Pennsylvania State Police forensic scientist Christina Fialkowski, and Krapf.

Testimony

Krapf detailed the events of March 9, 2017. He responded to a 911 call at 11 W. High St. He saw George Dougherty slumped on the basement sofa and immediately attempted to start CPR, but realized it was too late.

He took into evidence 24 pieces of small glassine envelopes containing traces of white powder that were in a trash can next to the sofa, a plastic measuring spoon with residue in the bowl, which was on a coffee table in front of the sofa, a syringe that Dougherty’s mother had found next to him and put into an empty detergent bottle, and Dougherty’s cellphone.

He sent the envelopes and spoon to the state police crime lab for analysis. They tested positive for fentanyl.

Krapf photographed the messages from Feb. 24, 2017, through March 8, 2017, between Leibowitz, who used the screen name Alanda McGinley, and Dougherty.

Domalakes objected, arguing that there was no proof that it was Leibowitz who sent the messages.

The messages, using the Facebook Messenger app, included an exchange on March 7.

The messages, documented by Hiser, included Dougherty asking if “I could get something one last time” and Leibowitz replying that she would “see wut I have.”

Then, “I can do 4 tix,” she responded.

The two then discussed payment.

There were additional exchanges on March 8, but none mentioning drugs.

The last message from Dougherty was at 7:19 p.m. March 8, 2017, “… be there in a few.”

Drugs found

The exchanges led Krapf to see Leibowitz as a possible suspect in Dougherty’s death.

At the time, she lived with her boyfriend, Noel Abadia. Krapf tried to reach her several times, but she did not respond.

On June 21, 2017, Krapf spotted Leibowitz riding in a car in Coaldale. He stopped the car and took her into custody because she was wanted on a warrant from Carbon County.

A pat-down revealed 13 waxed paper packets containing a white powdery substance, one marked “pablo escobar,” bags of pills and a bag containing a crystalline substance, a spoon, rubber bands, packaging material, and $488 cash.

The packets analyzed by Fialkowski tested positive for fentanyl. The pills were hydrocodone, and the crystalline substance was methamphetamine, she testified.

A corrections officer at Carbon County prison removed two envelopes containing heroin and methamphetamine from Leibowitz’ bra.

In the back of the cruiser, after waiving her Miranda rights, Leibowitz and Krapf talked. When he said he was investigating a drug delivery resulting in death, Leibowitz mentioned Dougherty’s name and said “I figured this was coming.”

Krapf testified he had not mentioned Dougherty’s name.

Leibowitz said she was surprised Dougherty had died.

She told Krapf that Dougherty had come to her house the night of March 8, 2017, and they had used heroin. He went home “not even high” she said, with two of the four bags she had sold him.

Barbieri testified that Dougherty’s blood indicated a lethal level of fentanyl. There were also other drugs, including Xanax and methamphetamine, but not nearly enough to have killed him.

Barbieri, in response to Domalakes’ question about a combination of drugs being lethal, said any impact of the other drugs with the fentanyl would have had little or no impact.

Detweiler described the process of examining Dougherty’s body, declaring him dead, and retrieving blood, urine and vitreous fluids to be sent to a lab for analysis.

Jane Mikonis described her son as struggling to overcome addiction. He had been in rehab, and was released in December, 2016. He suffered a relapse early in March 2017.

The night before his death, George had eaten dinner with his mother, whose last words to him were “Good night, I love you.”

George went to the basement, where there was a sofa.

When Mikonis went down the next morning to do laundry, she thought her son was sleeping on the sofa.

She found a syringe on the floor next to him, and put it in an empty laundry detergent bottle.

When she realized he was unconscious, at 8:32 a.m., she called 911.

Robert Mikonis testified he saw his brother’s cellphone on the sofa and gave it to Krapf.