New trial ordered for Tampa man convicted in fentanyl overdose death

TAMPA — A federal judge has ordered a new trial for a man found guilty in March of selling a batch of fentanyl that caused a man to die of an overdose.

Corey Damond Smith, 23, was supposed to be sentenced this month. He faced a possible lifetime prison term.

But a judge recently agreed with his defense attorney, who raised concerns about a recorded interview with the government’s star witness — a piece of evidence that was not introduced at trial but was mistakenly given to jurors as they began their deliberations.

U.S. District Judge Charlene Edwards Honeywell found that the interview may have prejudiced the jury in favor of the prosecution.

A new trial date has not been set.

Smith’s conviction arose from the Nov. 13, 2017 death of Bradley Dykes. At trial, the jury heard testimony from Dykes’ girlfriend, Tanya Molish, who said she had visited Smith that morning and exchanged her boyfriend’s electronic benefits transfer card for crack cocaine and what she thought was heroin.

Later, at their apartment, she said she helped Dykes inject himself, then called 911 when he fell unconscious.

Previous coverage: Federal jury says Tampa man sold deadly fentanyl in overdose case

Background: Tampa jury hears tale of deadly overdose in accused drug dealer’s trial

The jury heard part of a recorded interview a Hillsborough sheriff’s deputy conducted with Molish that same day in which she described the events leading to Dykes’ death.

About two hours after the jury began deliberations, the members informed the judge that they had received what sounded like a different recording. It was a different interview that Molish gave months later to a detective. The later recording, which was never admitted as evidence, had somehow been placed among the items that went with the jury to the deliberation room.

The judge told them to disregard it, and to consider only what they had heard during the trial. They later found Smith guilty.

After the trial, the defense argued that the jury’s exposure to both interviews may have unfairly bolstered the government’s case. After hearing arguments from the defense and prosecutors, the judge agreed.

A hearing is set for June 18 to schedule a new trial. The government will again carry the burden of proving that it was Smith who sold the fatal batch of drugs.

Contact Dan Sullivan at [email protected] Follow @TimesDan.