MANSLAUGHTER TRIAL

WORCESTER -- A former Ayer man admitted during his trial in Worcester
Superior Court that he drove to Fitchburg with a female friend to buy
heroin, before she later died at the hospital.

Frank A. Yerardi, 52, testified in his own defense Friday. He told
the jury that on May 16, 2001, he and the deceased, Barbara Galaxee,
drove from Ayer to Fitchburg so he could buy some heroin because he
was "sick for it." He said they both used the heroin, which he bought
with Galaxee's money.

"I also think she took (another drug) I wasn't aware of," he testified.

Yerardi, who now lives with his brother in Phoenix, Ariz., is facing
charges of involuntary manslaughter and distribution of a class A
drug (heroin).

Magaly Garcia, who sold the drugs to Yerardi, pleaded guilty to
manslaughter and distribution of a class A drug on May 17, 2005. She
was sentenced to three to five years in prison.

Yerardi's lawyer, Thomas Vukmirouits, said during his opening
statement that Galaxee's death was accidental.

"I believe what the evidence will show is a tragic accident," he
said. "It was not a crime. Not every death is the result of a crime."

Yerardi and Galaxee met at McLean Hospital in Belmont during a detox
program, and had been released for about a week. Yerardi testified
that they planned to spend the weekend in Gloucester, but he told
Galaxee that he was "dope sick," and that he needed some heroin,

Yerardi said they planned to take Galaxee's car to Gloucester, so she
drove him to Fitchburg first and gave him the money to buy the heroin.

Galaxee lived in Melrose.

Yerardi said he bought five bags of the drug for $100, immediately
injected one of the bag's contents into his arm and snorted a second bag.

"She asked me for a bag," Yerardi said. "(Garcia) handed her the bag.
I was busy with what I was doing."

Yerardi said he and Galaxee then went to the bank to get money for
more heroin. When they returned to Garcia's apartment in Meadowbrook
Village, Galaxee stayed in the car while Yerardi went inside to buy
the drugs, he testified.

Yerardi said he and Garcia later found an unconscious Galaxee in the car.

Yerardi said he drove Galaxee to HealthAlliance Hospital/Leominster,
where she was pronounced dead.

The emergency room doctor that treated Galaxee, Jon Hojnoski,
testified for the prosecution Friday.

He said when the 44-year-old woman arrived at the hospital, her
pupils were fixed and dilated, and she had no pulse or heartbeat.
Hojnoski said he was able to get some information about Galaxees's
medical history from the defendant, who he said never gave his name.

"He was standing there and talking clearly," Hojnoski said of
Yerardi, but added, "I had the distinct impression (Yerardi) had also
used drugs."

Jennifer Lipman, the medical examiner for the case, also testified
for the prosecution.

"(Galaxee) died of an overdose of cocaine and opiates," Lipman said.

Lipman said there was a "fatal" amount of the chemical indicating
morphine in Galaxee's blood, as well as the chemical that would
indicate Galaxee had taken heroin and not another drug.

"Morphine is a respiratory depressant," she said, adding, "The drugs
on the street are mixed with things we don't even test for."

Lipman also said there were levels of cocaine in Galaxee's blood, but
indicated she did not believe that was what killed Galaxee.

State Trooper David Napalitano said on cross-examination that two
empty bottles of Seroquel, a mood-stabilizing drug, were found in
Galaxee's belongings.

Lawyers are expected to present closing arguments Monday.