JUDGE TOSSES ECSTASY MURDER CHARGE

PITTSBURGH -- A judge has thrown out a homicide charge against a man
accused of selling a dose of Ecstasy that killed a 16-year-old girl.

Allegheny County Judge Jeffrey A. Manning on Tuesday dismissed the
charge against Gregory Ludwig, who was accused in the May 19 overdose
death of Brandy French.

Although Pennsylvania law says that supplying drugs which result in
death is a form of third-degree murder, Manning said the statute was
unconstitutional since it doesn't require prosecutors to prove that a
dealer acted with malice.

Malice is defined in state law as an intent to kill or injure, or an
"unjustified disregard" that one's actions could kill or injure
someone.

"I think the linchpin of murder is malice, and there certainly wasn't
any malice displayed in this case, and I think that's the problem
with the statute," said Ludwig's attorney, Patrick Thomassey.

The case has drawn more attention for the civil lawsuit that French's
parents have filed.

They have sued four of Brandy's friends, and one of their mothers,
saying they didn't do enough to help Brandy when she fell ill and
later died after attending a concert near Pittsburgh. She went with
two friends, one of whom bought Ecstasy pills from Ludwig, police
said.

District Attorney Stephen J. Zappala said his office will review
Manning's decision before deciding whether to appeal.

Ludwig is free on bond and still faces drug charges, including a
felony count of delivery of Ecstasy.

John Gismondi, who represents Brandy's father, Donald French, said,
"Obviously, we are disappointed that the judge dismissed the criminal
(charge), but we understand his reason for doing so."