LEWIS COUNTY, N.Y. -- Opening statements Monday revealed two very different ways to view what happened the night of December 27, 2014, when 15-year-old Derek Holton overdosed at the home of a friend.
The mother of that friend, Brenda Roth, is facing charges manslaughter and criminally negligent homicide. But why is up for debate.
The prosecution says Roth not only allowed four 15-year-old kids to use over-the-counter and prescription drugs to get high, but when Holton was first noticed as having trouble breathing, it says she refused to allow anyone to call 911.
"Derek would be just fine," prosecutor Caleb Petzoldt claims Roth told the kids when Derek was having trouble breathing. "He just needs to sleep it off."
The next morning, when everyone woke up to find him dead, Roth is accused of having the kids throw away the evidence of drugs and lie to the cops about who knew what.
"She began clean-up of the crimes immediately." Petzoldt said.
But the defense says there's a difference between illegal and immoral, and the law knows that. Defense attorney Gary Miles says Roth was not only unaware the kids were doing drugs, but she also had no responsibility to do anything after Derek's troubles.
She "did not assume the duty of a parent when he was there," Miles told the judge.
If fact, Miles says in New York State, she doesn't have to call police, hence the immoral versus illegal.
"We don't have Good Samaritan laws in New York," Miles said. "The law can't impose immoral liability."
Two of the teenagers at the party took the stand Monday. They admitted to stealing the drugs from stores and using them to get high, and claimed Roth did indeed tell them not to call 911 that night and then claimed Roth told them to throw away the empty packages before police arrived the next morning.
The defense claims Roth did try to call her EMT boyfriend that night, but couldn't reach him. They say Roth never saw anyone taking drugs.
The trial resumes Tuesday morning.