Who was in possession of wallet with a fentanyl residue covered $1 bill?

Jul. 26—WILKES-BARRE — Who had exclusive control of a wallet belonging to Gary Travinski containing a rolled up $1 bill allegedly covered with fentanyl residue during the intake process at the Luzerne County Correctional Facility on Nov. 18, 2022?

Gary Travinski, 41, had his wallet seized by state police at Wilkes-Barre when he and his wife, Jennifer Travinski, 45, were arrested at their Larksville home in the fentanyl overdose death of their infant daughter, Arya, due to contaminated breast milk.

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.

His attorney, Mark Hinrichs, is attempting to have the charge dismissed.

During a Habeas corpus hearing before Judge David W. Lupas on Wednesday, Hinrichs said Gary Travinski's wallet was confiscated prior to being taken to the county prison.

"His wallet was too far removed to be in his possession," Hinrichs argued.

Assistant District Attorney Carly Levandoski countered saying the wallet belonged to Gary Travinski with the $1 bill used to ingest drugs. With the bill in the wallet, the bill was owned by Gary Travinski, Levandoski argued.

Levandoski said the wallet with the fentanyl residue bill and other belongings would have been returned to Gary Travinski if he was released from the county prison.

Lupas posed the question, "Who was exercising control of the wallet?" at the time the $1 bill was removed and eventually tested.

Hypothetically, Lupas asked if a firearm was taken from a defendant prior to being taken to prison, and the firearm was turned over by law enforcement as the defendant's belongings during intake processing, would the defendant then be charged with possession of a weapon in prison?

Lupas noted the wallet was not being carried by Gary Travinski nor was it in any of his pockets.

"From my understanding, the wallet as taken from him and placed in an envelope," Lupas said.

Lupas allowed Hinrichs and Levandoski to submit legal briefs before he makes a ruling regarding the contraband charge against Gary Travinski.

Earlier this month, Lupas dismissed a felony drug trafficking charge against Gary Travinski finding there was insufficient evidence to allege he was trafficking illegal drugs.

The felony drug trafficking charge was filed against Gary Travinski when he was charged with endangering the welfare of children related to the fentanyl overdose death of his daughter on Nov. 28, 2021.

Consolidated trial

While Gary Travinski is facing the child endangerment charge, his wife, Jennifer Travinski was charged by state police and county detectives with third-degree murder, aggravated assault, endangering the welfare of children and possession with intent to deliver a controlled substance.

The charges related to the infant's death were filed after extensive medical tests showed Arya died from breast milk containing fentanyl, according to court records.

Hinrichs and Jennifer Travinski's attorney, Demetrius Fannick, argued for separate trials as their clients face different charges. Hinrichs and Fannick said their clients would be "highly prejudiced" if one trial was held.

"I don't believe there is a charge of conspiracy; I don't believe all the witnesses are the same," Fannick argued. "It would be prejudicial both ways."

Levandoski argued the sequence of events relating to the allegations against Gary Travinski and Jennifer Travinski are the same. To have separate trials would waste resources and be unnecessary, Levandoski said.

Lupas agreed, believing a jury would be able to separate the different criminal charges filed against the Travinskis.

A trial will be scheduled at a later date.

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