An attorney for the family of former Los Angeles Angels pitcher Tyler Skaggs says he plans to subpoena Major League Baseball after the team’s vice president of human resources testified during the wrongful death civil trial that the Angels told the league that former communications director Eric Kay was using drugs and jointly sought to test and treat him.
Skaggs’ attorney, Rusty Hardin, said that Deborah Johnston perjured herself when she made those claims on Wednesday, Nov. 12, during her testimony. Major League Baseball also denied those accusations.
‘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,’ an MLB spokesperson told The Athletic.
Kay is currently serving 22 years in federal prison after being found guilty of distribution of a controlled substance resulting in death and conspiracy to possess with intent to distribute controlled substances in the July 1, 2019, death of Skaggs, who was found dead in a Southlake, Texas, hotel room as the Angels were set to play a four-game series against the Texas Rangers. Authorities said that Kay distributed the fentanyl-laced pills that killed Skaggs.
‘When there is an illegal drug, or we go through an investigation and we find somebody has used illegal substances on property, one of the options is to terminate,’ Johnston testified. ‘But another option is to work with MLB, as we did in this case.’
Johnston also said that Kay received drug tests under the league’s policy and that she was in contact with MLB investigators at the time of Kay’s drug use.
Skaggs’ family is seeking at least $118 million in lost earnings, compensation for pain and suffering, and punitive damages against the Angels.