Milton man's overdose death trial set for closing arguments today

Gregory Collins of Milton, left, and lawyer Michael J. Zaino during Thursday testimony at Collins' dispensing drugs, death resulting trial in Strafford County Superior Court in Dover. (Rochester Voice photos)

DOVER - The final day of testimony in a drug trial seeking to put a second man behind bars in the overdose death of a Rochester man continued to center mostly on Facebook and text messages seeking to put the defendant in the midst of a drug transaction that led to the fatal outcome.

Gregory Collins, 38, of Lord Lane, Milton, is facing up to life in prison in the overdose death of Robert Rawson II, 28, of Rochester, who died on Feb. 15, 2018, after ingesting fentanyl supplied by Peter Miltner and Collins in Rochester, prosecutors say.

On Thursday, Assistant County Attorney Katelyn Henmueller used the testimony of two lawmen and an expert in analyzing phone data to show that Collins was the individual who supplied the fentanyl that drug middleman Miltner delivered to Robert Rawson, who died inside his Greenwood Inn room.

Rochester Police Det. Joseph Rousseau was the first to testify, noting that phone calls between Miltner and a number alleged to be Collins' put them together just prior to the delivery to Rawson's room at the Greenwood Inn on Farmington Road.

Assistant County Attorney Katelynn Henmueller points out cell towers and pings that indicate where various text and Facebook messages were relayed to smartphones during the Gregory Collins dispensing drug, death resulting trial Thursday in Dover.

However, defense lawyers for Collins noted that there are myriad ways to communicate with a smartphone using apps and other technology and that Rawson could have died after buying addition heroin or fentanyl from someone else later in the day.

On Wednesday Miltner had testified the two both snorted fentanyl during their short time together in Rawson's motel room after splitting the "40" (.4 grams) of "brown, powdery" fentanyl on a table near the door. Miltner, who is already in prison for his part in Rawson's death, said he snorted his entire half, but whether Rawson snorted all of his was unclear from testimony.

Meanwhile, afternoon testimony revealed that Rawson had a fairly fresh puncture mark on his arm that could have pointed to injecting later after Miltner had left, according to the defense.

Immediately following the conclusion of the state's case, defense counsel David Tencza called for a motion to dismiss the charges, saying prosecutors had fallen far short on proving beyond a reasonable doubt that it was Collins' fentanyl that killed Rawson. Tencza further noted that no autopsy had been performed, and so no cause of death could be proved.

They also brought up the indictment language that said Collins had "dispensed knowingly" the fentanyl that killed Rawson. Collins remained in his truck while Miltner delivered the fentanyl

Henmueller argued that all the reports, including from the medical examiner's office, were that this was an overdose death.

During the arguments for dismissal Judge Mark E. Howard noted that there may be some holes in the state's case, including the fact that two detectives had testified to residue in a bottle cap they had found in Rawson's motel room, while the fentanyl snorted by Miltner and Rawson had been described as powdery.

The trial day ended in bizarre fashion as the defense team announced that the statute under which Collins had been charged did not show fentanyl as a schedule II drug.

Howard then permitted the state to recall Rochester Police Det. Geoff Moore, who asserted that it was.

After the defense motion to dismiss was denied the defense noted that Collins would not be testifying on his own behalf, meaning closing arguments are set today after which the jury will begin its deliberations.