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News (Media Awareness Project) - US MA: Man Guilty In Teen's Heroin Death
Title:US MA: Man Guilty In Teen's Heroin Death
Published On:2007-04-18
Source:Mineral Wells Index (TX)
Fetched On:2008-01-12 07:40:51
MAN GUILTY IN TEEN'S HEROIN DEATH

BRENTWOOD, Mass. -- The man accused of giving a fatal dose of heroin
to his 19-year-old girlfriend last year was found guilty Wednesday.
But his lawyer plans to move for a dismissal of the verdict.

Meanwhile, Dante Silva, 21, of Highland St., Newton, who could face
life in prison, is free on bail.

Silva was found guilty of providing the heroin that killed Caitlyn
Brady of Kingston, his on-and-off girlfriend of several years.

Brady was pronounced dead March 15 last year, after she was
discovered in Silva's bedroom by his grandmother around noon. The
state's medical examiner said Brady died from a heroin overdose,
according to several officials.

While prosecutors argued that Silva injected the left-handed Brady's
left arm with heroin and then abandoned her when she overdosed,
defense attorney Mark Sisti called their argument "absurd."

"It's unfounded," Sisti said in a telephone interview Wednesday.
"It's mere speculation. Dante has no special training (to
differentiate between an overdose and falling asleep). ... The
statement he made to the police was that when he left for work, he
didn't want to wake her up."

The events leading to Brady's death began the night before, March 14.
Prosecutors said Silva had obtained heroin from his dealer and given
it to Brady. After Brady overdosed, prosecutors said, Silva drove to
the Cumberland Farms in Plaistow and threw away a shoe box full of
drug paraphernalia. He was caught on a surveillance tape tossing the
box into the Dumpster at 5:27 a.m.

"We asked, why would a drug user be getting rid of all his drug
paraphernalia? And the inference is, he was aware that (Brady had
overdosed)," said Tom Reid, the prosecutor.

Even then, Reid said, Silva didn't contact authorities. He waited
until noon to call his grandmother and ask her to check on Brady, who
had died around 10:40 a.m., according to the medical examiner. Brady
had been in a coma for several hours, the examiner said.

"It makes me feel like he murdered her. He could have called 911 and
he didn't," said Gayle Brady, Caitlyn Brady's mother.

Wednesday, a judge granted Sisti's motion to dismiss one of the two
charges against Silva, that of disposing of physical evidence. The
jury only ruled on the other charge | that Silva gave Brady the
heroin that killed her.

But Sisti hopes even that charge will collapse after a motion
expected in the court by Friday.

"There was kind of a structural flaw with regard to this case," Sisti
said, arguing that the law used to convict Silva is really designed
to prosecute drug dealers, not users who give drugs to friends.

"The end, the result being death, is terrible. But it's not any
comment on the quality of the evidence," Sisti said. "We're asking
for the verdict to be set aside completely."

Reid agreed that the use of this particular law is rare, but said, in
this case, the jury recognized that it was a perfect fit.

"It's rarely done because you need to identify, number one, that the
cause of death was (from that) particular drug," he said.

Prosecutors also have to prove that Brady wouldn't have had access to
the drug otherwise, he said.

Caitlyn Brady's family has maintained that she never used heroin
before Silva introduced her to it.

"It was definitely out of character," said Michael Brady, her
27-year-old brother.

At least two other men have been implicated in Brady's death | Jay
Simes, 23, of Old Coach Road, Kingston, and Robert Drew, 22, of Towle
Road, Kingston.

Reid, the prosecutor, alleged that Simes sold the heroin to Silva,
but said Simes might get some consideration for testifying about his supplier.

Prosecutors are still evaluating Drew's role, he said, although they
initially said he was involved in transporting the drug. Reid said
there is an outstanding warrant for someone else involved in the
eventual sale of the heroin to Silva, but would not elaborate.

The whole Brady family followed the trial closely, and Brady's mother
plans to speak at the sentencing hearing, which has not yet been scheduled.

Meanwhile, Caitlyn Brady's death has inspired community activism.
Brady was honored by her peers at a candlelight vigil last spring.

The Brady family has set up the Caitlyn Brady Memorial Fund at TD
Banknorth, and Gayle Brady has begun plans to build a teen center in
her daughter's name.

Meanwhile, Michael Brady says he has been inspired by his sister's
death to pursue his lifelong dream of becoming a high school social
studies teacher.

"You know, I believe teachers ... they're in the business of changing
lives, and I feel after this experience I'm stepping into the
classroom knowing, hopefully, a lot more," Michael Brady said.

He's taking classes at Southern New Hampshire University now.
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