Jury convicts Harry Francis Lowenthal of manslaughter after expert ties death to illicit fentanyl

A Jefferson County jury on Tuesday found defendant Harry Francis Lowenthal guilty of manslaughter, concluding that the death of the victim resulted from drugs that included illicit fentanyl.

The verdict follows testimony from Dr. William McClain, a forensic pathologist with Forensic Medical Management Services, who reviewed the autopsy and toxicology reports and testified that the cause of death was “the acute combined intoxication of fentanyl, trazodone, doxylamine, clonazepam, hydroxyzine, and ethanol.” Dr. McClain also told jurors the fentanyl in the decedent’s blood tested at 13 nanograms per milliliter and that the presence of 4‑ANPP in toxicology suggested the fentanyl was illicitly manufactured rather than pharmaceutical.

Dr. McClain explained why the level and formulation were significant. “A lower level of 3 nanograms per milliliter is sort of the cut off that I use,” he testified, adding that concentrations must be interpreted in context of the individual but that in his opinion the fentanyl was “by far the most lethal” of the substances detected. He described the typical autopsy process, the internal findings (including severe coronary atherosclerosis, an enlarged heart and kidney changes consistent with long‑standing hypertension) and the chain of custody for laboratory testing performed by NMS Labs.

Prosecutors relied on that forensic evidence and on testimony from two witnesses who said they had purchased and used drugs with the defendant and the decedent in the weeks before the death. Assistant prosecutors told jurors the cell‑phone records placed the defendant near China, Texas, the day of the death and argued those records, together with witness testimony and the toxicology results, established delivery and recklessness under the statute the jury was instructed to apply.

Defense counsel disputed that the state proved delivery beyond a reasonable doubt and challenged the witnesses’ credibility. Defense counsel also pointed to gaps in the investigation — including the absence of direct forensic linkage such as fingerprints or DNA on the pill bottles and what he described as incomplete accounting of other possible suppliers — and urged jurors not to convict on uncorroborated testimony. “I’m asking you not to convict a man on a testimony,” defense counsel Reynolds told jurors.

Courtroom records show the autopsy was initially performed by Dr. Danielle Armstrong and assigned case number 23‑0382BMP; Dr. McClain reviewed Dr. Armstrong’s autopsy and the associated photographs, reports and lab certificates as part of his testimony. The autopsy photographs introduced into evidence included images of the body as received, the identifying ankle band and multiple pill containers, one of which contained a small plastic bag with a gray/white powdery substance. The county lab report and NMS Labs certificate admitted as evidence reported fentanyl at 13 ng/mL and listed accompanying substances including clonazepam metabolite (7‑aminoclonazepam), cotinine (a nicotine metabolite), amlodipine (detected but not quantified) and doxylamine; the lab report text cited ranges from fatal and nonfatal cases and warned concentrations vary by individual and context.

After the verdict, the judge accepted the jury’s finding and announced the trial would proceed to the punishment phase. The court revoked any bond and directed parties to return the next morning at 9:00 a.m. for additional proceedings. The jury foreperson notified the court the verdict was unanimous.

The record reflects the defendant elected not to testify and that the defense rested before closing arguments. Several exhibits (identified in court as State’s Exhibits 16 and 18–24 and State’s Exhibit 17, the NMS certificate of analysis) were admitted during the state’s presentation.

Sentencing and the punishment‑phase procedures were set for the court calendar; the judge instructed parties to provide information to the court about the defendant’s prior convictions for use in enhancement if applicable. The court also released the alternate juror(s) and instructed jurors not to discuss public reports about the case while deliberations continue for sentencing.

The case file identifies the decedent in the autopsy as John M. Genese (autopsy dated April 18) and the indictment alleged an offense date on or about April 15, 2023. The state’s manslaughter charge alleged the defendant recklessly delivered fentanyl to the decedent, and the jury was instructed that it must find both delivery and recklessness beyond a reasonable doubt to convict.