A former in-house attorney for Major League Baseball — after numerous objections and a contentious sidebar — testified this week in the Tyler Skaggs wrongful death trial that the Los Angeles Angels never notified the league of Eric Kay’s drug use, and that MLB did not assist in his treatment. It was testimony that refuted past testimony by an Angels vice president.
Frank Coonelly, who was testifying as an Angels-hired expert on MLB policy and who also spent 12 years as the Pittsburgh Pirates team president, initially testified that Kay’s treatment was “quarterbacked” by the Angels’ employee assistance professional, which would be consistent with the standards of MLB’s Drug Policy Oversight Committee.
Kay is serving 22 years in federal prison for providing the fentanyl-laced pill that Angels pitcher Tyler Skaggs ingested, leading to his death on July 1, 2019. The family has sued the team for wrongful death, alleging the Angels knew, or should have known, that Kay was providing pills to Skaggs.
Friday is expected to be the final day of testimony in the months-long trial. Angels team president John Carpino will testify, along with Molly Jolly, the team’s chief financial officer. The Angels also plan to call ex-MLB general manager Dan Duquette, a paid expert who will argue Skaggs would have earned between $0 and around $30 million in the rest of his playing career, according to court testimony. The Skaggs family’s expert has argued the pitcher would have earned more than $100 million.
The Athletic obtained transcripts of the proceedings and testimony from Dec. 9 and 10 for this story.
Angels lawyer Todd Theodora attempted to establish with Coonelly that the club had effectively involved MLB through his line of questioning, asked in the form of a hypothetical — as is required when questioning expert witnesses.
“I want you to assume in my hypothetical that Major League Baseball actually was contacted regarding an individual who may or may not have been involved in a drug of abuse. They just wanted to get Major League Baseball involved,” Theodora said.
In response, Coonelly said, “I think we need to go back and understand that the club’s EAPs are the cornerstone of all these drug programs. And the club’s EAPs often administer treatment programs under Major League Baseball drug testing program and protocol.”
The Angels have attempted to argue throughout the trial that the team, at a minimum, followed MLB guidelines by utilizing the assistance of an EAP, Dr. Erik Abell. Their VP for human resources, Deborah Johnston, testified that the Angels worked with MLB in Kay’s case, and that Kay was tested under their program.
Skaggs’ lawyers have contended that MLB was never notified, as is required under league policy. Abell, Coonelly conceded, is not a licensed medical doctor and has no expertise in treating addiction.
Amid cross-examination Wednesday, the two parties held a lengthy sidebar in front of the judge, with Skaggs’ attorney Daniel Dutko arguing that asking Coonelly about a statement an MLB spokesperson provided to The Athletic, denying any involvement in Kay’s treatment or knowledge of his addiction, should be used to impeach Johnston’s credibility.
“Neither MLB or The Drug Oversight Committee, which is responsible for administering and overseeing MLB’s Drug Policy and Prevention Program, was notified of or involved in the treatment of Eric Kay,” the spokesperson said in November, responding to Johnston’s testimony.
During the sidebar, Theodora acknowledged to the judge that MLB had nothing to do with Kay’s treatment. “We are not making the claim because it didn’t happen,” Theodora said outside the presence of the jury.
The judge ultimately allowed Dutko’s line of questioning after Coonelly continued to state that it was possible MLB was involved in Kay’s treatment. Dutko showed Coonelly the MLB spokesperson’s statement, amid copious objections from Theodora.
Eventually, after much back-and-forth, Coonelly answered the question.
“I know, based on this statement, (MLB) were not involved in the treatment of Eric Kay,” Coonelly said.
Ahead of the final day of testimony, here’s a look back at who testified over the last two drama-filled days, and what they said.
Southlake police captain Delany Green
Green testified via a brief deposition video that has been a source of contention for weeks in the trial. Theodora previously called her testimony “blockbuster” in nature, while arguing for it to be excluded as an improper use of a plea agreement negotiation.
As an investigator in Skaggs’ death, she conducted a pre-charge interview with Kay, done typically with the hope of avoiding criminal charges. Kay was told that lying to the Drug Enforcement Administration is a crime.
Green testified that Kay told her he notified Angels VP for communications Tim Mead that he was providing pills to Skaggs. Mead denied such knowledge when he testified in October.
It’s an important issue, as it goes to the Skaggs side’s argument that Angels officials were put on notice about Kay and Skaggs’ drug dynamic.
Green also testified that she got the impression from Kay’s interview that Skaggs would pressure Kay for drugs.
Ex-Angels pitcher Matt Harvey
Harvey testified via deposition about his time with the Angels in 2019, when he and Skaggs discussed drugs, and Harvey provided Skaggs with Percocet pills, including around six or seven pills in the days leading up to Skaggs’ death.
Harvey, who testified in Kay’s 2022 criminal trial and who was suspended by MLB for 60 games for providing those pills to Skaggs, said he also received a pill from Kay the day before Skaggs’ death.
He never took the pill, he said, adding that it sat in his locker and was thrown out after Skaggs’ death. It was a blue 30 milligram Oxycodone pill, and had the same appearance as the pill Skaggs took, which was laced with fentanyl.
“I’ve definitely had some time to look back and realize that, if I had taken it, that things could have been awful,” Harvey testified.
Harvey also testified that multiple players on the Angels were aware of Kay’s drug addiction and that Harvey himself witnessed Kay display erratic behavior.
Harvey noted that he and Skaggs discussed drug use, and that Skaggs mentioned, on one occasion, that he was planning to go into a bathroom at Angel Stadium to snort an Oxycodone pill.
Skaggs was found with the Percocet pills in his possession at the time of his death, and he had the drug in his system, according to the medical examiner’s report. The Angels are utilizing Harvey’s testimony to show that Skaggs had multiple drug sources.
Eric Kay’s sister, Kelly Miller
Miller testified on behalf of the defense as a witness to refute past testimony from Kay’s ex-wife, Camela Kay.
Miller is represented by attorney Andrew Prout, who was previously established as Theodora’s former colleague. Miller said Prout reached out to her and is representing her free of charge. Prout also represents Kay and Kay’s mother, Sandy Kay.
Miller spoke highly of her brother, saying he is “warm” and “compassionate.” “He was a role model to my children,” she added.
Camela testified during his October direct examination that when Eric returned home from work early on Easter of 2019, she witnessed a Tylenol bottle fall out of the car with him. Camela said there were opioid pills in the bottle. Miller testified that she never saw any opioid pills in the bottle.
Camela also testified that Miller told her that the pills were for Skaggs. According to Camela, Miller’s claim was based on a conversation with her brother at the hospital that Easter evening.
“That conversation never happened,” Kelly said.
On cross-examination by Skaggs’ attorney, Leah Graham, Miller was presented with her jailhouse phone calls with Eric. In them, Miller said, referring to herself, “This lion is about to f—king roar,” while also promising to never stop fighting for her brother.
Miller also acknowledged putting money in other convicts’ commissary accounts, which was connected to her brother being found with an unprescribed opiate in his prison cell in August of 2022. Miller said she didn’t know what the money was being used for.
In another prison call, Miller admitted to telling her brother that it’s the “ultimate karma” that Eric is alive and Skaggs is dead.
Angels HR expert Ann Fromholz
Fromholz testified her belief that the team acted reasonably in their handling of Kay’s drug use, specifically citing California’s employee-friendly laws, which make termination difficult for at-will employees.
“California is the most protective state in the whole country,” she testified, noting that addiction is considered a disability, and there are laws and protections that prevent employers from gaining specific information about employees’ treatments.
Previously, the Skaggs side’s HR expert, Ramona Powell, testified that the Angels’ handling of Kay was outside the norm of any case she’s ever reviewed, and said Kay should have been terminated long before he provided the lethal pill to Skaggs.
Fromholz said the Angels would have put themselves at risk of a wrongful termination lawsuit had they fired Kay.
When Kay returned from his six-week outpatient rehab in June of 2019, he provided a screenshot of a doctor’s note that only said his rehab had been extended. The Angels have argued that this was a sufficient doctor’s note — even though their own policy states that the note has to specifically state a return-to-work date and list any potential restrictions.
Powell testified that the note was not a sufficient return-to-work note. Fromholz disagreed, noting “this is a return to work note.” She also testified that it would have violated Kay’s rights to restrict him from specific duties without a doctor’s instruction to do so.
On cross-examination, Graham asked if the Angels could have fired Kay if his illegal drug use continued
Graham also asked about Kay’s other alleged inappropriate actions, such as engaging in a sexual relationship with an intern and a different relationship with a reporter. Regarding the intern, Fromholz said it was not a fireable offense because the relationship was consensual. Fromholz was unaware of the relationship with the reporter.
Fromholz acknowledged, when asked, that the Angels could have regularly drug tested Kay. The Skaggs side has contended that the team never tested Kay under their policy, despite having ample reason to do so.
Graham asked Fromholz about requesting employees who undergo treatment to get a non-clinical psychiatric assessment and a fitness-for-duty evaluation. On both occasions, Fromholz said, “I have seen that happen.”
Lastly, Fromholz said she would not advise an employer to fire an employee for a violation of their drug and alcohol policy, but testified that they are permitted to do so. She also acknowledged that an employee could lose their protected status if their illegal drug use starts affecting the workplace.
Angels consumption expert Stacy Kinsel
Kinsel was an expert who testified regarding potential damages. She is an expert on “consumption,” which relates to how much money should be deducted from Skaggs’ potential future earnings, due to what he likely would have spent.
The Skaggs expert, Dr. Daniel Rascher, testified last week that Skaggs would have likely spent around 3.7 percent of his salary on his personal expenses. Kinsel testified that the number would have been 33.6 percent.
Rascher utilized the same research paper in making his determination as Kinsel. However, they used two different justifications for getting to their number. Kinsel cited the finding that anyone earning $70,000 or more will likely spend 33.6 percent of their income on personal expenses.
Rascher cited the study’s findings that the higher your income, the lower the percentage of spending expected. He noted that the study, which only goes up to $70,000 and above, doesn’t adequately account for high earners.
She said she utilized this study — despite it being 26 years old and older than other similar studies — because it accounted for personal savings as part of consumption. She testified that this was important because a baseball player’s career is short and finite, and putting money in savings would be required for someone in that position.
Angels addiction expert Elie Aoun
Aoun testified to his belief that, in 2013, Skaggs had developed a “severe” opiate addiction. Aoun said his belief was based on reviewing all the evidence in the case.
“I found a significant number of data that demonstrates that Mr. Skaggs had been using opioids on a regular basis, leading to his death,” Aoun said.
He cited testimony of an ex-teammate, Eric Smith, who said that he and Skaggs did drugs when they were with the Arizona Diamondbacks minor league affiliates from 2011 to 2013. He noted a photo on Skaggs’ phone which showed a line of a crushed up drug next to a snorting straw. He testified that “more advanced drug users” will snort pills, rather than swallow them.
Aoun noted a text message between Skaggs and another former player, Mike Olt, in which he rejects an offer for a non-addictive anti-inflammatory drug, Centrex, stating he needed a painkiller instead.
The Skaggs attorneys have contended that Skaggs was not an addict, but used pain medication to deal with soreness and other issues related to pitching. It’s been central in their case, and they have questioned numerous players on the topic of pain and using opiates to deal with that pain.
The Angels attempted to characterize Skaggs’ addiction as continuous from 2011 until his death in 2019. The judge has previously expressed skepticism that the Angels have shown evidence that Skaggs was abusing opioids after his 2013 Percocet addiction, and before evidence shows he began purchasing pills from Kay in 2017.