Judge dismisses contraband charge against inmate

Ed Lewis, The Times Leader, Wilkes-Barre, Pa.
·2 min read

Oct. 2—WILKES-BARRE — It may have been Gary Travinski's wallet that held a rolled up $1 bill allegedly covered with fentanyl residue but he wasn't responsible for bringing the contraband into the Luzerne County Correctional Facility, a judge ruled.

Judge David W. Lupas granted a request by Gary Travinski's attorney, Mark Hinrichs, to dismiss the contraband possession charge against his client citing the wallet with the suspected fentanyl residue was brought into the correctional facility by law enforcement authorities.

Lupas recently issued his ruling following a Habeas corpus hearing held July 26.

Gary Travinski, 41, had his wallet seized by state police at Wilkes-Barre when he and his wife, Jennifer Travinski, 46, were arrested at their Larksville home on Nov. 18, 2022, in the fentanyl overdose death of their infant daughter, Arya, due to contaminated breast milk. Arya, 16-months old, died Nov. 27, 2021.

While Gary Travinski was being processed at the county prison, investigators turned over an envelope that contained his wallet. A $1 bill from the wallet tested positive for fentanyl residue, according to a Dec. 16, 2022, report from the Pennsylvania State Police Bureau of Forensic Services.

Following the report, Gary Travinski was charged with possession of a controlled substance/contraband by an inmate.

During the Habeas motions hearing in July, Hinrichs argued his client's wallet was "too far removed" and was not directly in his possession as it had been seized by investigators and placed in an evidence envelope at the Larksville home prior to being transported to the county correctional facility.

Assistant District Attorney Carly Levandoski argued the wallet was owned and belonged to Gary Travinski, including its contents. Since the wallet and contents was owned by Gary Travinski, the property would have been returned to him when released from the county prison.

Levandoski described the wallet as being in Gary Travinski's "constructive possession" as he had access and control of the wallet prior to being arrested.

Lupas opined there was no evidence Gary Travinski "exercised any intent or power to control the wallet" while at the county correctional facility.

As for the fentanyl overdose death of Arya, Gary Travinski is facing a child endangerment charge while Jennifer Travinski, who is represented by Attorney Demetrius Fannick, is facing charges of third-degree murder, aggravated assault, endangering the welfare of children and possession with intent to deliver a controlled substance.

A combined trial for the pair is scheduled for December.

In a related issue, Lupas scheduled a hearing Oct. 6 on a motion filed by Hinrichs to have Gary Travinski released on nominal bail.

Gary Travinski was previously released on bail but prosecutors argued in February he violated bail conditions when he tested positive for fentanyl in December and January.