Pubdate: Wed, 18 Apr 2007
Source: Mineral Wells Index (TX)
Copyright: 2007 Mineral Wells Index
Contact:  http://www.mineralwellsindex.com/
Details: http://www.mapinc.org/media/3050
Author: Gordon Fraser, The Eagle Tribune (North Andover, MA)
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)
Bookmark: http://www.mapinc.org/find?132 (Heroin Overdose)

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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MAP posted-by: Beth Wehrman