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Judge acquits Plymouth, Massachusetts man in fatality


BROCKTON, Massachusetts — The man accused of giving a Carver woman a fatal overdose of a date rape drug was acquitted Monday of manslaughter in the 1999 death.

John M. Dolan of Plymouth was found innocent by Judge Mitchell J. Sikora following a jury-waived trial last month.

Sikora had been weighing evidence in the case since November and issued his decision Monday afternoon.

"We didn't agree with the verdict, we felt there was sufficient evidence to convict, but the judge disagreed," Plymouth County, Massachusetts District Attorney Timothy J. Cruz said.

Dolan was accused of giving Jacqueline O'Donnell, 30, of Carver a fatal overdose of gamma hydroxy butyrate (GHB), the date rape drug known on the street as Liquid G, Liquid Ecstasy and Blue Nitro.

Massachusetts prosecutors alleged he gave her the drug knowing the dangers of GHB because other friends suffered earlier problems with it. She took the drug willingly.

Dolan's attorney, Stephen L. Jones, had called the death a tragedy but said his client was not responsible for the woman's death.

O'Donnell's mother and sisters, who live on the West Coast, had hoped to be in the courtroom for the verdict but were unable to get there in time.

Annie Elkey, O'Donnell's mother, said in an e-mail from California that she was upset she was not given enough time to get to Massachusetts for the verdict.

"I feel like I got a slap in the face not being able to be there, whatever the verdict," she wrote.

O'Donnell had gone to a house party with friends in 1999 after a night of drinking and, after taking a few swigs of GHB, passed out in a Plymouth apartment. The next morning, she was found dead in the apartment.

Prosecutors allege Dolan supplied her with the GHB and knew the dangers of the drug because other friends suffered problems earlier with it. Dolan's attorney insisted he was not responsible for the woman's death.

The acquittal will not dampen efforts to prosecute others in future overdose cases, Cruz said.

"We would proceed with these cases today as aggressively as possible," he said. "This will not affect it."

Cruz said he hopes the case will increase awareness of the dangers of GHB. "It is a dangerous drug and it is real important to get that information out," he said.

GHB, often found as a clear liquid but sometimes tinted, was once widely available over the counter in health food stores in the 1980s, until 1992 in the United States, and was purchased by body builders to aid muscle building. Since 1998, it has been classified in Massachusetts as a Class A drug, the same category as heroin.

The drug can lead to coma, seizures, difficulty breathing, nausea and, as with O'Donnell, death.

For example, in 1999, the year O'Donnell died, more than 3,000 people across the country were treated for GHB or GHB-related problems in hospital emergency departments, a sharp increase from the 20 in 1992, according to the National Institute on Drug Abuse.

And, with 3,330 people treated for GHB or related problems at hospital emergency rooms last year, the popularity of the drug does not appear to be subsiding, according to the federal Drug Abuse Warning Network.

Plymouth County, Massachusetts prosecutors and Raynham, Massachusetts police recently hosted a program for students in Raynham and Hanson featuring a speaker who once used GHB.

"We will try to do these types of programs as long as we have the budget to do it," Cruz said.


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