UPDATED Jan. 9, 4:20 p.m.
The trial for 22-year-old Kyle Fredericks has been adjourned to Wednesday, Jan. 16.
The Crown has concluded the voir dire and its case against the Somerset man, charged in the drug overdose death of Joshua Graves.
Amy Graves, sister of Joshua Graves, said she had little to say at this point other than she hasn't been surprised by any of the testimony to date.
Amy has been working to raise awareness of the problems surrounding prescription drug abuse since her brother's death.
UPDATED Jan. 9, 3:10 p.m.
At the Fredericks trial, the Crown has concluded its evidence in the voir dire. Defence attorney Chris Manning asked for a break to speak with his client after Crown Bill Ferguson concluded his voir dire evidence.
Judge Tufts has yet to rule on the admissibility of the video statements from Fredericks and Aaron Robicheaud.
The court heard from forensic pathologist and medical examiner Marnie Wood as the trial for 22-year-old Kyle Fredericks of Somerset continues.
Wood said she performed an autopsy on the body of Joshua Graves March 20, 2011. Tissues tested came back positive for hydromorphone and ethanol, drinking alcohol. There was damage and scaring to Graves' liver due to alcohol abuse or diet. There was a tear in Graves' spleen from a previous injury. However, neither condition would have contributed to death.
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The cause of death was determined to be acute combined hydromorphone and alcohol intoxication.
"I'd not expect the alcohol level to be fatal by itself," Wood said.
She said the combination of the two drugs increase the likelihood of a fatal outcome, as both work in a similar way to slow breathing and brain function.
Wood said the exact time of death couldn't be determined. The death has been certified as an accident.
There was 121 mg of alcohol per deciliter of blood in Graves' system at the time if his death and 11 nano grams of hydromorphone per ml of blood.
Wood said the hydromorphone on its own could have caused death, but a fatal dose on its own typically ranges between 20 and 1,200 nano grams per ml. Wood said she suspects the concentration of hydromorphone in Graves' system peaked at a higher level before the time of his death. In combination with alcohol, the hydromorphone could become fatal at a lower dose.
Crown Bill Ferguson said Bradley Waye, who failed to show up to testify yesterday, showed up this morning, Jan. 9.
"He was not arrested," Ferguson said.
Ferguson said Waye thought the trial didn't begin until Jan. 9. The arrest warrant for Waye was cancelled.
A voir dire in the case is continuing. Judge Alan Tufts doesn't have to make a ruling on the voir dire until he hears all the evidence in its totality.