SMETHPORT — A hearing for multiple defense-filed pretrial motions for Roberto Perez, charged in the fentanyl death of a Driftwood man, produced mixed results for the defendant.

President Judge John Pavlock addressed the motions Monday in McKean County Court.

Perez is set to go to trial Feb. 5 to 7 on allegations he sold a fentanyl patch to Amber McKinney, who in turn shared it with Derek Clay. McKinney, who was also charged, found Clay deceased in her home on Oct. 14, 2016, due to a fentanyl overdose.

Defense attorney Christopher Martini filed the following on Perez’s behalf: a request for bail modification, a request to suppress a search warrant, a petition for writ of habeas corpus, a motion for an independent autopsy and a motion for discovery.

Regarding a motion for an independent autopsy, Pavlock indicated he might be inclined to grant such a motion, but not without more information. He requested that Martini submit information such as who would complete the autopsy and how much it will cost.

District Attorney Stephanie Vettenburg-Shaffer noted that Clay has been cremated, bringing up the question of how that might affect the autopsy request.

Pavlock did not rule on a motion for discovery, indicating the defense and prosecution can try to work it out. A motion can be filed if there is an issue.

Testimony was provided by two Bradford City police officers, Assistant Chief Michael Ward and Sgt. Todd Erickson, regarding suppression of the search warrant and a petition for a writ of habeas corpus.

Martini alleged that an application for a search warrant for Perez’s home was filed based on information obtained from McKinney while she was under the influence of medication.

However, testimony from the officers indicated that the episode Martini referred to — her initial interview with police that ended abruptly with Ward calling for an ambulance because she was nodding off — did not uncover any information.

Officers interviewed McKinney three more times between the medical episode and the filing of the search warrant, and it was these subsequent interviews that led police to believe Perez was involved in Clay’s death.

“The testimony here today was very clear there were four contacts with Miss McKinney,” said Pavlock after two officers testified.

For the habeas corpus request, they discussed some of the evidence against Perez leading to charges being filed, which included McKinney’s testimony that she purchased the fentanyl from Perez and text messages between Perez and McKinney that were indicative of some sort of sale.

Martini’s chief argument for a writ of habeas corpus was that the asserted strength of the fentanyl patches did not match the patches found at Perez’s home.

According to Martini, Tami McCormick, Amber McKinney’s neighbor who was also sharing McKinney’s patches, stated that the patches were 75 micrograms per hour. Martini said Perez had asked his doctor to lower his prescription from 75 micrograms to 50.

However, Shaffer said that at another point, McCormick had testified the patches were either 50 or 75 micrograms per hour, but McCormick was not sure which. Also, Perez allegedly took the outer wrapper off the patches before delivering them.

All the fentanyl patches recovered at Perez’s house were 50 micrograms per hour, the officers stated.

Pavlock explained that there only needs to be enough evidence to support a prima facie case — meaning there’s enough evidence to take it to a jury.

“I find there’s enough evidence to find a prima facie case,” Pavlock said. He noted that it’s up to the jury to decide if the testimony is credible.

At the end of the hearing, Pavlock granted a request to change Perez’s bail — lowering it from $500,000 to a still-hefty $300,000. There was no indication on Monday that Perez was arranging to pay bail.

Perez is charged with drug delivery resulting in death, a first-degree felony; four counts each of delivery of a controlled substance and conspiracy to deliver a controlled substance, all felonies; one count of involuntary manslaughter, a first-degree misdemeanor; and three counts of recklessly endangering another person.

McKinney pleaded guilty Nov. 16 to charges of possession with the intent to deliver a controlled substance and involuntary manslaughter. She is scheduled to be sentenced at 1 p.m. Feb. 15.