Pubdate: Thu, 12 Jul 2007 Source: Union Leader (Manchester, NH) Copyright: 2007 The Union Leader Corp. Contact: http://www.theunionleader.com/ Details: http://www.mapinc.org/media/761 Note: Out-of-state e-mail letters are seldom published. Author: Russ Choma Bookmark: http://www.mapinc.org/heroin.htm (Heroin) Bookmark: http://www.mapinc.org/find?132 (Heroin Overdose) FAMILY DEMANDS LIFE IN HEROIN DEATH BRENTWOOD - With a heavy thud, Gayle Brady placed the urn holding her daughter's ashes on the table in front of prosecutors yesterday afternoon, and turned to the young man convicted of giving her a lethal dose of heroin. "That's Caitlyn," Gayle Brady said, before demanding Dante Silva, 22, of Newton, turn to look at her when she addressed the court. Silva, who was convicted on one felony count of dispensing a controlled drug with a death resulting earlier this spring, did not turn. Silva was in court yesterday for sentencing, facing a maximum of life in prison with no possibility of parole for at least 18 years -- a sentence recommended by both prosecutors and the Rockingham County probation office. Silva's attorney argued for counseling and rehabilitation, with the threat of a deferred heavy prison sentence. Brady was 18 and had been dating Silva for several years when she died on March 15 of last year from a heroin overdose. In court yesterday afternoon, conflicting versions of how Brady died and what should be done about it emerged during the emotional three-hour hearing that featured tearful and angry statements from both the Brady and Silva families, and passionate and sometimes pointed sparring between prosecutors and defense attorney Mark Sisti. According to deputy Rockingham County attorney Tom Reid and Brady's family, she was a naive 18-year-old stuck in an abusive relationship with Silva, a longtime heroin user who had overdosed a year before Brady's death. Family said Brady was aware that Silva was "bad for her" but had a caring nature that led her to think she could help him with his troubles. "I love Dante, I wish I didn't," Brady wrote in her diary at one point, her mother said in court yesterday. "You're lucky because you had friends who cared about you," Gayle Brady told Silva, referring to his earlier overdose. "I wish you had died then, because Caitlyn would be alive today." Family members said Brady never did hard drugs and that it was Silva who introduced her. Reid argued that Brady could not have injected herself with the lethal dose of heroin, which he described as massive, and said the teen did not have a history of drug use. Reid said Silva gave Brady a large dose, and after seeing her go into a coma, collected his paraphernalia and discarded it in a Dumpster instead of calling for help. It took six hours for Brady to die, Reid said, and at any point Silva could've called for help to save her. Brady's father asked Nadeau to give Silva the maximum sentence for the crime -- life in prison. "Your honor, if there is any kind of justice in this state, I want to see him get life," James Brady said. Reid said the sentence was appropriate because Silva had failed several previous attempts to kick the heroin habit, and had a number of previous run-ins with the law -- including an arrest for driving under the influence and heroin possession two months after Brady's death. Though Silva sat quietly in court, declining to speak on his own behalf, his attorney, Sisti fought back. Hinting that the case might be appealed to a higher level, Sisti said he thought the state and federal constitution did not necessarily uphold Silva's conviction. In Sisti's telling of Brady's death, it was an entirely accidental death and there was no evidence that Silva caused it by injecting her or was aware she was dying when he left her to dispose of his paraphernalia. Sisti said as a defense attorney he represents high-level drug dealers who are responsible for distributing large amounts of drugs and probably should receive "outrageous amounts of time" in prison for their crimes, but Silva is not one of those people. Sisti described Silva as a "couple bag-a-day idiot who can't get off it." Jay Simes, the man who sold Silva the lethal dose of heroin, and a second man who drove Simes to Massachusetts to purchase it, have been indicted on related charges and their cases are still pending, but Sisti also alluded to sealed documents, suggesting there may be other higher level dealers who could be charged in the case. "What will you do when and if they arrest those in county who make a living supplying this poison to the kids?" Sisti asked. "The dealer walks and the user has to go to prison for life?" Sisti also called a witness, Andrew DesCoteaux, of Plaistow, currently a prisoner at the county jail, who arrived in shackles and testified that Brady was a regular drug user. DesCoteaux, who described himself as a lifelong friend of Silva's and a "recovering addict," said Brady had started taking heroin a month before her death and injected herself on numerous occasions and even encouraged the other two to use. Reid later ripped DesCoteaux's credibility, pointing out he allegedly assaulted his girlfriend and had been convicted of theft by deception. Judge Nadeau said she would study the handful of similar earlier cases and would hold another hearing next week to announce her decision.