SANTA ANA, Calif. — The second week of testimony in the wrongful death civil trial brought by the family of Tyler Skaggs against the Los Angeles Angels began with surprising testimony from Tom Taylor, the Angels’ longtime traveling secretary.
Taylor — one of this case’s most critical witnesses — has been accused of knowing about, but not reporting former communications director Eric Kay’s drug abuse, dating back to 2013. He was also allegedly told about Kay providing pills to Tyler Skaggs, who died on July 1, 2019, after ingesting a fentanyl-laced pill provided by Kay, who is serving a 22-year federal prison sentence.
While Taylor and ex-Angels VP for communications Tim Mead have largely been grouped together in this case, their testimony diverged significantly. While Mead did say he did “not recall” several key moments related to Kay’s conduct over the years, he acknowledged his belief that Kay had been mismanaging his prescription medications.
Taylor, however, stated he was never aware of Kay’s drug use until after Skaggs’ death, and believed that numerous instances of Kay’s erratic behavior were related to either mental health issues, or a case of the flu.
Taylor stated early on his testimony that he’d never seen anyone come into work intoxicated. Skaggs family attorney Daniel Dutko responded by saying, “We’ll get to that.”
Dutko’s questioning centered on Kay’s various episodes of erratic behavior at work, and the actions that Taylor did or did not take to correct it. Dutko began by showing Angels and MLB regulations which would have required Taylor to report drug use, distribution or intoxication at work to both the team and league. That included an MLB policy which showed “misuse of prescription medication” to be a violation of league policy.
Dutko pressed Taylor on why he didn’t produce any relevant text messages or emails, despite being subpoenaed by Skaggs family attorneys. Taylor said the messages “may have been inadvertently deleted.”
Taylor acknowledged not producing a single text message between him and Tim Mead, and no messages between him and Eric Kay. And notably, he said he didn’t produce any text messages with Kay’s wife, Camela Kay, who Dutko said will provide testimony that directly contradicts Taylor’s testimony.
Taylor said the relevant messages were likely deleted when he changed his phone, though he did provide 11 pages worth of evidence from the same time period when those messages would have been deleted. It is unclear what exact messages he did provide.
Taylor’s testimony largely downplayed Kay’s workplace behavior. Mead had described a 2013 incident in which Kay was taken to the hotel on a team bus after being found crying in the back of the Yankees press box. Taylor, however, said he only remembered that Kay was “subdued and down,” and that he didn’t remember how he was taken back to the hotel.
Unlike Mead — who insisted that he did “not recall” retrieving 60 pills in 10 baggies from Kay’s bedroom on Oct. 2, 2017 — Taylor said flatly that it didn’t happen. Dutko said Camela Kay will testify that it did happen.
Camela held an unsuccessful intervention for Eric Kay on Oct. 1, 2017, according to deposition testimony. But Taylor said he was unaware of the intervention, despite going to Kay’s home the next day. Dutko showed Taylor a text message from 2018 in which Mead sent Taylor a text he received from Camela asking for another intervention.
Dutko also posted another text message from around that time that Mead and Taylor also received from Camela. It was a picture of drugs that Kay was receiving, which included the opiate Suboxone, a drug used to suppress addictions to other opiates. Taylor said he did no further research upon receiving that text, and believed all of Kay’s issues to be related to mental health.
Taylor was asked about a May 2018 incident in which Kay was unconscious in the Seattle Mariners press box. Two other Angels PR people there with him — Matt Birch and Grace McNamee — attempted to wake him up, but could not, Dutko said, citing their deposition testimony. They called Taylor to assist that day.
Taylor equated the incident to his own experience of falling asleep at work during a long season. On that day, however, Taylor acknowledged Kay had to be assisted down to the visitor’s clubhouse.
Taylor testified at Kay’s criminal trial that on Easter Sunday of 2019, when Taylor found Kay struggling at work, he believed that Kay was suffering from the flu. Throughout Dutko’s questioning, the attorney showcased evidence intended to cast doubt on that assertion.
He asked why Taylor followed Kay home from work that day, if it was just the flu. He asked why Kay stopped at a CVS on the way home, and was doing karate chops in the back of the store — as Taylor testified on Monday and at Kay’s criminal trial — if he just had the flu.
Dutko asked Taylor about an Advil bottle in Kay’s possession that day, which contained unnamed non-Advil pills, and if that raised concern that he was not suffering from the flu. Taylor was then shown a text message sent that same night, from Camela to Taylor.
“They are putting him in a hospital room with a babysitter for the night,” she wrote to Taylor. “He needed to be restrained, kept pulling everything off and trying to get out of bed. From what I understand, when he is coherent tomorrow, they will ask to go into detox/rehab and they can not hold him if he says no.”
Dutko then asked sarcastically, “Think he’s going to flu rehab?”
Angels attorney Todd Theodora questioned Taylor after Dutko was finished, with his queries focused on Taylor’s credibility within the organization, and his decision to report Kay on July 18, 2019 — the day Taylor said he first learned of Kay’s drug issues.
During the Angels’ questioning, Taylor reiterated his belief that Kay had been dealing with mental health issues, and not drug problems. His testimony differed from that of Mead, who readily acknowledged his belief that Kay was mismanaging his prescription medication.
Taylor said Kay’s 2013 incident at Yankee Stadium could be attributed to “many days of work” and the “end of a long season.”
Theodora highlighted a 2018 text message from Tim Mead, shared by Camela, in which she said Eric began seeing “a really good psychiatrist,” which Taylor said he took as a sign that Eric was actively seeking treatment for his mental health issues.
Referencing the 2019 incident, Taylor acknowledged speaking to Camela Kay on the night of Easter. Camela will testify, Dutko said, that she told Taylor that Eric had been giving pills to Skaggs. Taylor told Theodora that she never brought up Skaggs during that call.
“At any point in time, did Camela say anything to you, that Eric and Tyler Skaggs were doing drugs, and you guys didn’t look into it?” Theodora asked. Taylor said no.
Theodora said he will need another hour to question Taylor on Tuesday. Both sides will have an opportunity to conduct redirect testimony of Taylor.
Taylor’s testimony will be interrupted by Angels superstar outfielder Mike Trout, who will testify on Tuesday morning. He was only available to come in for one day. Taylor’s questioning will finish after Trout appears.
Potential shadow jury attends court
There were around a half-dozen new people in the courtroom gallery on Tuesday, taking notes during the testimony.
During civil and sometimes criminal trials, it’s not uncommon for one or both sides to hire shadow jurors to attend court and provide feedback to lawyers on their reaction to the courtroom testimony. They are not part of the case, but can help shape trial strategy.
Skaggs family attorney Rusty Hardin told The Athletic that his side did not hire a shadow jury.
Asked the same question, Theodora, the Angels attorney, said, “You’ll have to ask someone else.” When asked who should be asked, Theodora did not respond.
When asked as a group outside the courtroom if they were shadow jurors, one of the people said “we’re just walking,” before exiting through a stairwell.
