Nine times out of 10, the saying goes, when someone says, “it’s not the money, it’s the principle,” it’s really about “the money.”

If so, then Keenan Holmes is that 10th time. He gave up a six-figure salary at a Downtown law firm when a conflict arose concerning his defense of a juvenile in a wrongful death suit. He promised the young man he’d stick with him.

“How can I tell my kids to do the right thing if I don’t? A man only has his word—and I gave mine to this boy and his family,” said Holmes. “This isn’t about practicing law, it’s about practicing justice.”

STILL FIGHTING—Attorney Keenan Holmes, left, quit his position at a law firm to continue defending teen client Joshua Stewart from damages sought in a civil lawsuit charging Stewart sold drugs to a girl who then overdosed.

The young man in question is Joshua Stewart, now 17. He is the defendant in a wrongful death lawsuit brought by the parents of Erica Million, who died March 4, 2007 at UMPC Children’s after having ingested oxycodone during class time at New Castle High School a week earlier. She was 16 at the time. The lawsuit claims Stewart either sold or gave her the drugs that caused her death.

Stewart and Holmes vehemently deny the charge and spoke to the New Pittsburgh Courier just prior to the filing a May 13 motion to dismiss the case. They contend Stewart was railroaded during a March 27, 2008 juvenile hearing that ultimately resulted in a conviction for possession, although District Attorney John Bongivego initially threatened charges of third degree murder—as an adult, then almost a year later, manslaughter—as a juvenile.

Following the conviction, he told a New Castle News reporter, “At this point there is no evidence that can link anybody up with her (Million’s) death.”

Despite this, Holmes said his client is perceived in the community—and by headlines like those in the Pittsburgh Post-Gazette—as the “teen who sold drugs to (a) girl who died.”

Though Holmes is only working on the civil case against Stewart, he said the criminal case was so flawed he did not expect a conviction of any kind.

Among the flaws: a girl who said she gave Million the drugs but was never charged or called as a witness, though her story led to a search warrant for Stewarts house; one of the only two trial witnesses-a close friend of Million’s—changed his story three times, and the other—also one of her best friends—who said on three occasions he saw nothing, but 10 weeks later changed his story also.

“It doesn’t take a year to make a possession case—it does to set someone up. We have a young Black kid, not an athlete, who’s not connected, not rich and they are ruining his life. This kid was being dragged through mud,” he said. “This could have happened to anybody’s kid. I left my job is to bring this to light so there won’t be a next time.”

Stewart, who might have maintained the anonymity granted minors in juvenile cases, chose to publicly defend himself once the civil complaint made his name part of the public record. He subsequently made his case in a YouTube video (http://www.joshstewarttrial.com/2008/04/video-josh-stewart-trial) and during an April 24 press conference at the Rivers Club in Pittsburgh.

“I did not sell, did not give, did not have anything to do with her taking any drugs,” said Stewart. “To see these people just manufacture lies...what must that be like?”

Stewart, who was an honor student, taking all advanced classes, now attends an alternative school once a week for five hours with a curriculum of “4th- and 5th-grade math and English.” As he has always done, however, he still attends church three times a week and says his faith is not shaken and he will still go to college.

“I’m at peace because I know everything is going to be all right,” he said. “I don’t think the guys that did this are though.”

Holmes said he, and his family are also at peace with his decision to leave Eckert Seamans Cherin & Mellott, LLC rather than drop the case.

“Once we went public, I knew they would ask me to drop it because the firm does a lot of work with the City of New Castle—and I knew I couldn’t,” he said. “It was totally amicable. Tim Ryan, the CEO said he understood. This has nothing to do with Eckert Seamans or with Josh. It’s about doing the right thing.”

Ryan said he could not comment on Holmes reasons for leaving due to the active litigation.

“Keenan is, and has always been, an outstanding young lawyer,” he said. “And we wish him success in all his endeavors.”

Holmes, who lives in Peters Township, Washington County, with his wife Kasey, their two sons and 8-week-old daughter, is currently negotiating to secure office space in Gateway Center for just such an endeavor, the Holmes Law Group.

He said the firm has already secured the services of four attorneys who will all be with the firm by July 30.

“We will primarily focus on corporate litigation and small business consulting,” he said. “But we are going to have a ‘justice department’ staffed by criminal and civil rights attorneys to serve clients just like Josh.”

Holmes’ dismissal motion argues firstly that neither Million nor her estate can profit from an illegal act. Even if Stewart gave her drugs—she took them, and that illegal action was the proximate cause of her death. Secondly, the motion argues that, just as with alcohol, the state Supreme Court has ruled it is manifestly illogical to hold a minor liable for distributing (alcohol) to another minor because in that situation “both the plaintiff and the defendant are considered under the law incompetent to handle alcohol.  Both the plaintiff and the defendant would be responsible under the law for their own actions.”

Holmes said the opposing side has 30 days to respond, so he expects a hearing on the motion in mid June.

“Even if they deny the motion we’re not done,” he said. “I mean, if they can’t link anyone to her death, is the investigation continuing—if not, why not? We have nothing but sympathy for her family but we’re on the same side. We want answers to the same question; who gave her those drugs?”

(Send comments to cmorrow@newpittsburghcourier.com.)