Monday, June 1, 2009

Man found not guilty in death by drug patch

But Lezynski will go to prison for Fentanyl sale By Patrick AndersonStaff Writer
A Gloucester man, prosecutors accused of leaving an unconscious co-worker in a freezing car to die, was found not guilty of manslaughter yesterday in Lawrence Superior Court but will spend three to six years in prison for selling prescription painkillers.
Robert Lezynski was convicted of selling patches containing the prescription painkiller Fentanyl in 2004, according to the Essex County District Attorney's office. A jury unanimously rejected the prosecution's charge that the former Washington Street man was responsible for the death of a fellow Gloucester resident who died of an apparent drug overdose after an office Christmas party.
Richard Beaulier, 38, died after paramedics found him in cardiac arrest, unconscious and not breathing, in his car outside his Essex Street house on Dec. 17, 2004.
Investigators said Beaulier overdosed on Fentanyl contained in a patch designed for slow absorption through the skin that he apparently opened and ate.
After more than a year of inquiry, prosecutors said Lezynski, 43 at the time, sold his co-worker the drug for $50 and charged him with manslaughter.
According to police, Lezynski put Beaulier in Beaulier's car and drove him back to Essex Street, where he left the 38-year-old unconscious.
Lezynski called 911 and reported that Beaulier had stopped breathing, but rescuers did not arrive in time to save the man.
But the defense disputed that Lezynski sold Beaulier the Fentanyl patch and prosecutors were unable to convince a jury, which deliberated for six hours between Thursday and yesterday before ruling that Lezynski was not responsible for the death.
Rebecca Whitehill, Lezynski's attorney, said yesterday that the police version of events was not true, their work was sloppy and prosecution witnesses had not been credible.
If he had been convicted on the manslaughter charge, Lezynski would have faced a maximum of 20 years in prison.
Whitehill said she had not discussed a deal with prosecutors because Lezynski "had no interest in pleading to a crime he didn't commit."
On the conviction for possession of a controlled substance with intent to distribute, prosecutors had recommended a sentence of six to eight years in prison, but Judge Richard Welch handed down a sentence for Lezynski of three to six years.
He will serve the time in Walpole State Prison.
Patrick Anderson may be contacted at panderson@gloucestetimes.com.


Gee I wonder who requested the change of venue on this case and WHY? Is it perhaps because the identity of the un-named woman that defense Attorney Whitehill mentioned in the first trial, was actually the prosecutions key witness, an informant for the Gloucester PD? How about it interim chief of Gloucester Police, Lt. Michael Lane? If the identity of this woman had been made public would other citizens of Gloucester come forward and tell how that woman was directly involved in the overdose death of a loved one? Do you think maybe your key witness would have been identified as a serial drug dealer/killer? Did the prosecution ask for this case to be transferred to Lawrence Superior Court because an outside source in the performance of a private investigation began to get too close to exposing the truth of just how sloppy and legally questionable the police investigation was in this case and other overdose cases that were not properly investigated? Perhaps this out side investigation would have brought forth publicly just how guilty and criminal the Gloucester Police investigators and their informants have acted in the investigation of this case and the lack of investigation into suspicious overdose deaths???? Lt Lane I want you and ADA Dawley to know that the end of this case will not end the private investigations into the criminal acts committed to protect a police informant that is guilty of intentionally causing the death of at least 3 individuals using illegal street drugs to fatally poisoning those individuals. I also want to inform the citizens of Gloucester that have lost a loved one to a fatal drug overdose. Any and every death, even drug overdose deaths are subject to a complete criminal investigation. An overdose death is considered a poisoning, and only after a full and complete inquiry and investigation of the death which also includes the ME’s findings from autopsy, should the death be declared as an accidental overdose. The investigation and inquiries in an unexpected/unattended death under MGL are to be done by the special State Police investigators assigned to the county District Attorney’s office in conjunction with the local police departments. And all deaths that are unattended/unexpected are considered suspicious by nature and must be completely and thoroughly investigated. The citizens of Gloucester should know that this has not happened in any of the cases where the cause of death is listed as an accidental overdose. And that is the reason why no one is held accountable for those deaths. Even when a person is intentionally poisoned which leads to their death. And the killer uses an illegal street drug to fatally poison their victim. That is Murder! But when the Essex County State Police and the Gloucester Police fail or refuse to follow the MGL pertaining to an unattended/unexpected death then a Murderer is never stopped. And this scenario is exactly what has happened in Gloucester! A murder is free to continue to sell illegal drugs and if by chance this drug dealer decides that someone needs to die! Well, that really isn’t a problem. After all the death will just be listed as JUST ANOTHER ACCIDENTAL FATAL OVERDOSE in Gloucester.

I would like to extend an invitation to the family of MR Richard Beaulier to contact me regarding the handling of this case, or the mis-handling of this case. If you would like to contact me please do so through my DISQUS account by clicking on my screen name of Questions.

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