A government witness at the federal pot-conspiracy trial of former Sonar co-owner Daniel McIntosh gave eyebrow-raising testimony on Sept. 21 and 22, according to court documents filed Oct. 19. But it wasn't what he said that prompted concern, rather how he said it.
The witness, 28-year-old Andrew Lloyd, kept nodding off while on the witness stand, so badly that his head actually hit the microphone in front of him. Lloyd's demeanor-which McIntosh's attorney, Carmen Hernandez, described in court documents as "the classic nodding of a heroin junkie"-prompted Hernandez to subpoena the results of a drug test administered just after his final day on the witness stand, as Lloyd began a sentence for an Anne Arundel County drug conviction.
The test results? Positive for heroin and pot, with a potpourri of other drugs-cocaine, PCP, methadone, amphetamine, and benzodiazepine-present in his bloodstream, though not above threshold levels. Hernandez is seeking to share the results with the jury, arguing that they call into question Lloyd's competency as a witness and that Lloyd "denied having used any drugs" on the day of his testimony.
When Lloyd testified, Hernandez wasn't the only one alarmed or concerned, according to court documents. Assistant U.S. Attorney Deborah Johnston interrupted Lloyd's testimony because of his "sleepiness," and told U.S. District Judge Roger Titus, who decided that Lloyd "go home and get a good night's sleep," that Lloyd was "not in a condition to get behind the wheel" and drive. Gennaro Cariglio, the attorney for co-defendant Keegan Leahy, told the court that Lloyd's "eyes are nearly shut" and "his face bounced off the microphone."