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In a motion, McBeath’s attorney Daniel O’Brien wrote that prosecutors may call up to 70 witnesses in the case and that local media have been reporting on Ohio and national death tolls from opioids and that “could endanger Mr. McBeath’s right to a fair trial while the publicity remains the leading local and Ohio story.”
McBeath — who goes by aliases such as “Fat Boy” and “Biggin” — and Spiva — aka “B” and “Snake” — were re-indicted on 12 counts. A federal grand jury approved charges of conspiracy to distribute fentanyl, heroin and cocaine for an operation that allegedly operated from June 2014 to May 2015 at Dayton properties on East Fifth Street, South Torrence Street and South Horton Street.
The case stems from the May 26, 2015 overdose deaths of Paul McElfresh, 33, and Jason Robinson, 38. Three other people were alleged to have overdosed but survived in connection to the same "toe-tag" heroin mentioned by Montgomery County Coroner's Office officials.
Defense attorney Aaron Durden also has filed a motion to exclude anticipated expert testimony from Dr. Brian Lee Springer.
Durden wrote to U.S. District Court Judge Thomas Rose that: “The court should then determine whether Dr. Springer, despite his training and expertise, can give reliable testimony that the alleged five victims, who the government claims overdosed, suffered from the effects of heroin and/or fentanyl.
“The doctor readily admits he did not examine the individuals, nor did any of these persons receive medical treatment from a physician to opine an effect of their condition.” Durden wrote that Springer’s testimony “will only seek to enlighten the jury of how drugs affect our bodies.”
Prosecutors responded that Springer’s “testimony is reliable and is based on his medical training and experience responding to and treating opioid overdoses as a practicing emergency room physician and faculty member at the Boonshoft School of Medicine at Wright State University.”
‘Fruit’ Johnson to be sentenced
In another local federally prosecuted fentanyl case, William “Fruit” Johnson is scheduled to be sentenced Nov. 8.
Johnson, 35, pleaded guilty by bill of information to a drug trafficking charge involving heroin and fentanyl and faces a minimum of five years in prison up to 40 years and a $5 million fine.
Court documents show Johnson supplied an associate two bags of drugs including fentanyl that were then sold to a confidential source.
In October 2014, federal agents seized from Johnson’s residences $136,000 in cash, five loaded firearms, more than 200 grams of heroin and digital scales.
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