Jury in fatal overdose case finds Export man not guilty of most serious charge, guilty of lesser charges

A Westmoreland County jury on Thursday said an Export man was not guilty of causing the death of a co-worker who died in 2018 from an overdose of heroin and fentanyl.

Jurors deliberated more than six hours before it returned a mixed verdict in which it acquitted Kelly Ryan Frank of the most serious offense but convicted him of two drug-related counts. Those counts are a felony charge of possession, and intent to deliver a controlled substance.

“It’s obviously a compromise verdict,” Westmoreland County District Attorney John Peck said.

Frank, 54, was accused of buying the illicit drugs used in the overdose that killed 29-year-old Keith Robert Alexander, who was found dead by his mother on Dec. 14, 2018, in his Export apartment.

Prosecutors said Alexander paid $40 to Frank for two stamp bags of drugs that he bought from an unidentified man in Pitcairn the night before.

Police found a text message on Alexander’s phone that linked Frank to the deal, and said that Frank later confessed his involvement.

The three-day trial likely served as Peck’s last as Westmoreland County’s top prosecutor. He was defeated for reelection in November and no other trials are scheduled for court before his term expires at the end of the year.

Peck questioned five prosecution witnesses during the trial, including forensic pathologist Dr. Cyril Wecht, who testified Alexander’s death was caused by an overdose of fentanyl.

The defense called no witnesses. Assistant Public Defender James Spriestersbach argued the prosecution did not present enough evidence to prove its case against Frank.

“We have a faulty investigation from the state police,” Spriestersbach told jurors. “They didn’t go as far as they should have.”

Police said Frank’s confession was backed up by the physical evidence found with Alexander’s body. Two empty stamp bags that contained traces of heroin and fentanyl had the same markings as those Frank told police he bought the night before.

The defense contended that in spite of that physical evidence, jurors should not believe Frank’s confession because it was not recorded. Spriestersbach also argued investigators ignored at least one other text message from another man that Alexander received and contained language police said referred to marijuana.

Peck, in his closing argument to the jury, said there was no doubt Frank sold the fatal dose of drugs to Alexander.

“There’s proof beyond all doubt,” Peck said. “It’s nothing short of overwhelming that Kelly Frank sold drugs to Keith Alexander, and those drugs killed Keith.”

The jury initially reported it was deadlocked after more than four hours of deliberations but was ordered by Common Pleas Judge Tim Krieger to continue its talks. About 90 minutes later, the jury reached its verdict.

Frank and Spriestersbach declined to comment as they left the courthouse Thursday.

Krieger denied a prosecution request for Frank’s $250,000 unsecured bond to be revoked. He will remain free pending a sentencing hearing that will be conducted in about three months.