SANTA ANA, Calif. — A former Angels clubhouse attendant testified in court on Tuesday that the team’s former communications director, Eric Kay, was known within the organization to be a drug addict, and that Kay had told him of his drug use.
Kris Constanti, who spent 14 years working in the Angels clubhouse before being fired in 2020, was the first employee witness not represented by the team’s attorneys to testify in the wrongful death civil case brought by the family of deceased pitcher Tyler Skaggs.
During his testimony, Skaggs lawyer Daniel Dutko played two videos provided by Constanti. One was of Kay swaying and speaking quickly. The other was of him taking a 90-mile-per-hour fastball to the knee, as superstar Albert Pujols egged him on. This was one of various “horseplay” dares in exchange for money, Constanti testified.
Kay is serving 22 years in federal prison for providing the fentanyl-laced pill that Skaggs ingested, leading to his death on July 1, 2019. Constanti said on cross-examination that he wanted the plaintiffs to win the case, but that he was being truthful, and was testifying because he liked Skaggs and wanted to do the right thing.
Constanti testified that Kay admitted to him that he was taking an opioid called Norco, and that he witnessed Kay, around 2016, begin a pattern of behavior where he would regularly twitch, pace, scratch himself, and speak loudly.
During spring training, Kay told Constanti that Kay had a sex worker living with him at the team hotel, Constanti testified.
The video of Kay taking a fastball off the leg was the first video or photographic evidence of Kay participating in these dares. In the video, Pujols is visible, instructing Kay to “Stand like this. Boom, take it like a man.” The Athletic was unable to reach Pujols for comment Tuesday night.
Constanti said he notified Angels star Mike Trout that Kay was using the money from these dares for his drug habit. Both Constanti and Trout testified that Trout stopped enabling the conduct after being informed.
Constanti said he never informed Kay’s superiors of Kay’s conduct, because he didn’t believe it was necessary to do so. “If I knew, they knew,” Constanti said.
On cross-examination, Angels attorney Stephen Ladsous focused on Constanti’s admitted bias, questioning him on whether he was upset the team fired him. Constanti acknowledged that he was.
“You want the plaintiffs to win?” Ladsous asked, and Constanti agreed.
Ladsous also focused on Skaggs lawyers paying for Constanti’s travel and hotel costs. Constanti said he was not paid for his testimony.
Constanti signed an annual form called the “certificate of disclosure,” in which employees state they did not witness drug abuse or related actions. Ladsous asked why he always signed the form if he was aware of Kay’s drug use. Constanti said that the form was never explained to him.
When asked by Dutko why he wanted the plaintiffs to win the case, Constanti said, “Tyler was a good guy. And I feel like this could have been avoided if Eric Kay wasn’t around. He had a drug problem.”
Before Constanti testified, the day began with both sides finishing their questioning of current Angels communications director Adam Chodzko, who worked under Kay and reported him to team officials on July 18, 2019, after learning Kay was in Skaggs’ room the night he died.
Chodzko told Angels attorneys that he was unaware of Kay abusing illegal drugs or providing pills to Skaggs.
Ladsous, the Angels attorney, showed Chodzko text messages between himself and Skaggs. The message showed Skaggs, who was married, inquiring about the availability of an Angels intern. Chodzko said that the exchange made him “uncomfortable,” and that there was no reason for him to believe Skaggs pursued the woman any further.
The Skaggs family is requesting damages that include loss of love and companionship for Skaggs’ widow, which is likely related to the Angels’ decision to utilize these messages.
On redirect examination, Skaggs attorney Leah Graham pushed back on Chodzko’s testimony that he hadn’t been told by anyone with the team about Kay’s drug abuse — utilizing testimony from Trout, who said he did have a conversation with Chodzko to that effect, which Chodzko said he did not remember.
“I just said, ‘Hey, Kris (Constanti) brought it to my attention, something is not right with (Kay),” Trout testified on Oct. 21, of his conversation with Chodzko, while noting “drugs was what I had said.”
Chodzko also acknowledged he was aware Kay was also having a relationship with a member of the media, who was not named.
Contention over witnesses
There was no testimony heard over the final two hours of court on Tuesday afternoon. Instead, there were contentious arguments in front of the judge.
The Skaggs attorneys have been hoping to question Angels team president John Carpino. His testimony was initially supposed to happen very early in the case, but was first postponed due to a death in the family.
The Skaggs side said in court they now hoped to question Carpino on Wednesday, Nov. 12. However, the Angels attorney said he would be traveling to New York City for the MLB presidents meetings beginning on Nov. 13.
“I mean these are MLB president meetings,” Angels lawyer Jessica Diotalevi said. “It’s not like he’s going on some trip.”
MLB team presidents usually meet during the owner’s meetings in New York City, which take place this year from Nov. 18-20. The Athletic contacted two team presidents, both of whom spoke on the condition of anonymity to preserve relationships in the sport. They said they were unaware of meetings in New York on Nov. 13. When contacted by The Athletic on Tuesday night, an MLB representative said he would look into whether or not there were meetings taking place on Nov. 13-14.
In response to a text seeking clarification, Angels attorney Todd Theodora said Wednesday morning that Carpino is attending his nephew’s wedding in Chicago from Nov. 13-17, then going to the owner’s meetings. Theodora said that after court, he had let Skaggs family attorney Rusty Hardin know that Carpino would be available to testify on several days early next week.
That issue was part of a larger conversation surrounding the Skaggs side’s difficulty in questioning witnesses represented by the Angels. Hardin said in court that they’ve run into delays and postponements for six witnesses over the course of the first four weeks of the trial.
Angels benefits director Cecelia Schneider was unavailable to testify due to going on medical leave shortly before the start of the trial. Angels PR managers Grace McNamee (medical appointment) and Matt Birch (travel from the American League Championship Series) delayed both of their testimonies.
Angels team doctors Brian Schulz and Craig Milhouse have both been pushed back, Skaggs attorneys said, due to their work schedules. And HR director Deborah Johnston is unable to testify either Wednesday or Friday this week, as the Skaggs side requested, due to medical appointments.
The judge acknowledged the budding issue and said she was considering ordering Carpino to testify if they couldn’t establish a concrete plan for him to do so.