CLARION, Pa. (EYT) – On Monday, jurors heard from two men who were with a Clarion County man in his final hours before he died of a heroin overdose nearly two years ago.

The case against 24-year-old Todd Ellis Carter, Jr., of Pittsburgh, continued in Courtroom 1 at the Clarion County Courthouse.

Carter is accused of selling several stamp bags of heroin to a known, 24-year-old New Bethlehem man who then provided them to 35-year-old Joel Tanner Stark — who ended up dying soon after.

The New Bethlehem man testified, as did a known, 24-year-old Mayport man during the third day of the trial as the state Attorney General’s office worked to convince the jury of seven women and five men of Carter’s guilt.

But, for defense attorney Michael B. Bogush, who is representing Carter, he had to have felt like it was his best day in court as cross-examined both men, pointing out their inconsistencies in testimony they have given at preliminary hearings, a grand jury, and Monday in court.

Bogush also jumped on a comment made by the Mayport man in a text message to the New Bethlehem’s man’s brother, “I hope he sticks to that.”

Bogush questioned the Mayport man about a text message he sent to that man, and if he meant he hoped the New Bethlehem man would stick to a certain story surrounding the time frame of Stark’s death.

“I don’t recall what I meant by that,” the Mayport man replied to Bogush.

The previous confidential informants each testified to heavy heroin usage during the time when Stark overdosed and died on January 15, 2016, at a Monroe Township residence.

The Mayport man who testified that he had known the New Bethlehem man for at least five years and was friends with him, said he knew who Stark was, but wasn’t close to him.

The New Bethlehem man and Stark drove to a gas station in Kittanning the evening of January 14, 2016, where they met the Mayport man. The Mayport man then got into the New Bethlehem man’s car and the trio drove to another gas station in Harmar in Allegheny County.

There, according to the former CI’s, they met Carter, who allegedly sold several stamp bags of heroin to the New Bethlehem man.

The New Bethlehem man then allegedly distributed the heroin to the Mayport man and Stark, who had given the New Bethlehem man money, while keeping some for himself.

Within approximately eight hours, Stark was dead, due to heroin toxicity, according to Dr. Eric Vey, the Forensic Pathologist in Erie County, who performs autopsies for 12 northwestern Pa. counties, including Clarion.

But Bogush pointed out the Mayport man’s inconsistency in how much heroin was bought and whether it was even bought from Carter.

The Mayport man testified that while the New Bethlehem man got out of the car and went to another car, allegedly owned and driven by Carter, he said he recognized the car because of other times they had met Carter to buy heroin.

The Mayport man said when they parked at the gas station in Harmar, they were parked about 20 feet from the other car, allegedly driven by Carter.

Jurors also heard from Forensic Scientist Douglas Samber, who works for Pa. State Police in their lab in Greensburg, who testified that the heroin that Carter allegedly sold to the New Bethlehem man in a controlled buy on January 15, 2016, didn’t have fentanyl in it.

Samber, on the job with State Police for 16 years, was granted expert witness status.

Prosecutor Maureen Sheehan Balchon, of the State Attorney General’s office, attempted to establish the credibility of the two former CI’s, centered on the fact they didn’t have an agreement with the state to avoid prosecution in the Stark case.

Both said they didn’t have agreements with the state and that they could be charged in Stark’s death.

But, Bogush hammered away at both men, nonetheless.

During the Mayport man’s grand jury testimony, he said he had seen Carter two or three times but wasn’t sure of his identity and that he had never been shown a photo of Carter.

“I was using heroin every day at this time, and I wasn’t sure of the time when we made a deal, and I’m not sure who was using my phone then,” the Mayport man said.

He said that he believed he was still trustworthy, and he said police had not told him what to write in his statement. He also said he was concerned about being charged after hearing about Stark’s death.

“I’m always trying to find ways to get out of trouble,” the Mayport man said. “But, I’m sure I wasn’t trying to hide anything from police. They just wanted me to write down what happened that night.”

The New Bethlehem man’s testimony began with how he had known Stark for a number of years and that they had been great friends. He didn’t waver on knowing Carter, saying he had seen him thousands of times.

“I picked up Tanner (Stark) at about 6:00 p.m. then we picked up (the Mayport man) at about 7:30 before we drove to Harmar,” he said. “I think TJ (Carter) told us to meet at the gas station there.”

“We then went next door to get high.”

He said that he had seen Carter in the gold car at least 50 times and readily identified him in court. He said he got into Carter’s car and bought 26 stamp bags marked “Essence.” He said between Stark, (the Mayport man), and himself, they had $165.00 to buy heroin from Carter.

“I’ll never forget that night. It took a large part of my life, it took my friend,” he said.

He said when (the Mayport man) called him the next morning to tell him Stark had died, they hadn’t talked about what to say to police.

As Sheehan Balchon questioned him, he said he didn’t want to get into trouble for his friend dying, before adding “I didn’t want anyone else to die from the ‘Essence’ bags.”

He also said he had no other sources of heroin from Pittsburgh outside of Carter.

When Bogush cross-examined him, he said he wasn’t promised anything by the Attorney General’s office. He said he was told he would be treated as a witness.

He did acknowledge some blame in Stark’s death when questioned by Bogush, saying “I guess.”

As Bogush continued to question him on a number of different details, he frequently said he didn’t know or didn’t recall about the amount of heroin they bought on the night of January 14 or whether he told his brother anything.

He did admit that Stark gave him money, and he bought the heroin from Carter and gave it to Stark.

Both former CI’s testified that they are currently clean from heroin.

The Mayport man is in the Clarion County Jail for probation violations due to convictions on heroin-related offenses.

The New Bethlehem man was in the Clarion County Jail earlier this year.

When the testimony turned to how Stark died, both Dr. Vey and Dr. Edward Barbieri, a toxicologist and assistant lab director at NMS Lab in Willow Grove, Pa., were in agreement that only heroin was what killed Stark.

While Stark was on several prescription medications, including muscle relaxers and antidepressants, to help him deal with the continuing after-effects of losing his right leg in a motorcycle accident, none were found in levels that could have contributed to his death, both scientists said.

Vey and Barbieri are among the leading forensic authorities in the states, each having testified in dozens of cases.

They both testified that the amount of heroin found in Stark led to his death.

Dr. Vey said the heroin found in Stark’s body was nearly five times the amount that can result in death.

“The prescription medication we found in Mr. Stark were all at therapeutic levels. If not for the amount of heroin, he would be still alive,” Dr. Vey said.

Sheehan Balchon rested the Commonwealth’s case against Carter.

On Tuesday, Bogush will begin his defense of Carter.

Carter’s charges include:

– Drug Delivery Resulting in Death
– Delivery of Heroin
– Possession with Intent to Deliver Heroin
– Criminal Use of a Communication Facility