Fans of Angels pitcher Tyler Skaggs might want to hold their ears when the wrongful death trial brought by his widow and parents against the Angels resumes Monday.
The Angels are about to present their defense and, according to people with knowledge of the Angels’ strategy, their attorneys plan to portray Skaggs as a selfish, secretive opioid addict who for years manipulated teammates and team communications director Eric Kay into obtaining illicit pills for him to chop up and snort.
Skaggs, a first-round draft pick of the Angels in 2009 out of Santa Monica High, was one year away from free agency when he died of an overdose July 1, 2019. He died after snorting a counterfeit opioid pill laced with fentanyl in his hotel room during an Angels trip to play the Texas Rangers in Arlington.
The left-handed starter was 27 and in the midst of his best season of seven in the big leagues when he died. His performance has been pointed to by Skaggs family lawyers as evidence he wasn’t a drug addict, but instead an athlete who took pain pills to stay on the field.
So far, testimony in a small, spare courtroom on the ninth floor of the Orange County Superior Court has favored the plaintiffs — Skaggs’ widow, Carli, and parents, Debbie Hetman and Darrell Skaggs.
Their lawyers called 21 witnesses over 24 days in court, attempting to establish that the pitcher’s fatal overdose was the result of the Angels’ negligent supervision of Kay, an admitted longtime opioid addict who is serving 22 years in prison for providing Skaggs with the pill.
The plaintiffs are asking for about $120 million in future earnings as well as additional millions for pain and suffering and punitive damages. Neither side is optimistic that a settlement can be reached ahead of a verdict.
Transcripts of trial testimony and interviews with people on both sides not authorized to speak publicly about the case provided a glimpse of the Angels’ defense strategy and what the plaintiffs have accomplished so far.
The Angels pared down their witness list at the request of Judge H. Shaina Colover, who has insisted the case go to the jury by Dec. 15. The Angels complained that two weeks might not be long enough to present their case, giving the plaintiffs an unfair advantage, even suggesting the issue could lead to a mistrial.
Skaggs’ lawyers, however, pointed out that the defense has taken longer to cross-examine witnesses than it took them to conduct the direct examinations. And Colover said a reason for the difference in the number of witnesses is that 12 people called by Skaggs’ lawyers were on the witness lists of both sides.
Like an MLB manager constructing a lineup, Skaggs lawyers led by Rusty Hardin were purposeful in the order they presented witnesses. They began their case by calling a string of Angels executives to poke holes in the team’s contention that they knew nothing about Kay’s addiction. Key witnesses refuting those denials included Kay’s wife, Camela, and Hetman.
Skaggs’ lawyers also presented text messages that indicated Kay’s supervisor, Tim Mead, and Angels traveling secretary Tom Taylor not only were aware of Kay’s addiction, but did not act decisively to isolate him, get him into inpatient rehab or terminate his employment.
The plaintiffs called witnesses to establish that not only were the Angels negligent on how they dealt with Kay’s addiction, they put his interest ahead of other employees and the organization by allowing him to continue working despite his bizarre behavior on the job.
The last witness before the court went into recess until Dec. 1 was human resources expert Ramona Powell, who testified that the Angels did not follow their own policies in evaluating and responding to Kay’s behavior. She said that had the team done so, Kay could have been terminated well before 2019.
Expect Angels lead attorney Todd Theodora to counter that Skaggs violated his contract and was guilty of fraud by concealing his drug problem for years. Furthermore, Skaggs allegedly continued to pressure Kay to procure opioids for him even after Kay completed drug rehab shortly before the fateful trip to Texas.
During opening arguments, Theodora stated that the Angels “know right from wrong,” but he is expected to assert that the case is more about what the team didn’t know. Kay and Skaggs have been described as masters at concealing their drug use. The Angels contend that had the team known of their addiction, officials could have provided them with treatment and perhaps Skaggs would be alive.
Testimony has already established that the Angels immediately informed MLB that Kay told co-worker Adam Chodzko that he was in Skaggs’ hotel room the night the pitcher died. Expect the Angels attorneys to take it a step further and assert that Kay might not have been prosecuted if the Angels hadn’t acted so swiftly.
Witnesses expected to be called by the defense include Angels president John Carpino and former MLB general manager Dan Duquette. The jury will view video of depositions given by former Angels players C.J. Cron, Matt Harvey, Cam Bedrosian and Blake Parker if they cannot testify in person.
The testimony of players can cut both ways, as evidenced by statements made by two players who testified for the plaintiffs — current Angels outfielder and three-time most valuable player Mike Trout and former relief pitcher Mike Morin.
Trout testified that Skaggs was “like a brother” to him, that he cried when told he’d died and that he had no clue about drug use. But Trout also hedged when asked whether he had offered to pay for Kay’s rehab, saying he just told him he’d help any way he could.
Morin, who pitched for the Angels from 2014 to 2017, said Kay sold him opioids “five to eight times” after an arm injury made him desperate to overcome pain and return to the mound. Yet under cross examination, Morin conceded that Skaggs was responsible for his own actions.
Carpino is responsible for the Angels’ day-to-day operations and his office is adjacent to those of Mead, Taylor and formerly Kay. Duquette, former general manager of the Montreal Expos, Boston Red Sox and Baltimore Orioles, is expected to testify that Skaggs’ future career earnings would have been no more than $30 million because of his drug use and history of injuries.
Skaggs’ lawyers called earnings expert Jeff Fannell, a former labor lawyer for the MLB Players Assn., who testified that Skaggs would have earned between $109 million and $120 million and could still be pitching.
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