Defense Attorney Calls Charges In Hofstra Overdose Politically Timed

MINEOLA, N.Y. (CBSNewYork/AP) -- A Hofstra University student has been charged with manslaughter in the heroin overdose death of his girlfriend.

Joseph Joudah, 19, of Islip Terrace, was taking heroin with his 19-year-old girlfriend, Olivia McClellan, in her dorm room at Hofstra University on April 18, prosecutors said.

McClellan began to overdose and Joudah stayed with her for about three hours, according to prosecutors.

"She began to have a very adverse reaction -- eyes rolling back in her head, legs shaking, difficulty breathing," Acting District Attorney Madeline Singas said. "He stayed with her for a little bit -- patting her on the back, slapping her to revive her -- but never once calling 911."

About 17 hours later, Joudah placed an anonymous call to campus security and officials found McClellan's lifeless body in her dorm room, prosecutors said.

Joudah pleaded not guilty Friday to manslaughter, criminally negligent homicide and other charges.

Bail was set at $10,000.

Joudah's lawyer said his client is distraught over the death and the injection was consensual. Both Joudah and his girlfriend bought the heroin together and both were addicts, his lawyer said.

It is the first time someone has been charged in Nassau with manslaughter for a heroin-injection death, Singas said.

"It's a very tragic case showing us that heroin has crept into every corner of our county," Singas said.

Joudah's lawyer disputed the claim that he took so long to alert police. He said this was an accident that happened 6 months ago and that the prosecution is politically timed for next Tuesday's election for County Prosecutor, CBS2's Steve Langford reported.

"I've been in constant contact with that office. Never once did they say a decision was made to go forward," Defense Attorney Kevin Keating said.

The case also brings attention to the state's "Good Samaritan Law," which allows people to call 911 to help an overdose victim and protects the caller from most charges.

"If they are doing the right thing, and calling the police, and rendering assistance and making sure that help is on the way, the law takes that into consideration," Singas said. "This woman's life could've been saved."

CBS2 spoke to the victim's father in California. Scott McClellan said he has no ill will toward Joudah, calling him a kid who made a mistake. He said he would like to see the young man salvage his life.

Joudah is due back in court on Nov. 23.

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