Saturday, July 2, 2016
Federal Prosecutors Appeal Cadden's Release From Home Detention
By Walter F. Roche Jr.
Federal prosecutors, citing the risk he will flee, are appealing an order releasing Barry Cadden from home detention pending his January 2017 trial on second degree murder and related charges.
In an eight-page motion filed Friday Assistant U.S. Attorney Amanda Strachan argued that the risk of Cadden fleeing from his Wrentham, Mass. home has increased since his motions for dismissal of the most serious charges has been denied.
"His current release conditions do not reasonably assure his appearance to stand trial on these serious charges," the motion states.
Cadden, one of 14 charged in the probe of a deadly 2012 fungal meningitis outbreak, was released from 24-hour-per day home detention in a June 24 order from Magistrate Judge Jennifer C. Boal. Under her order Cadden is free to leave his home from 7 a.m. to 7 p.m.
Noting that if convicted on all the charges Cadden could face life imprisonment, Strachan also cited the fact that victims of the outbreak had submitted statements opposing Cadden's motion.
Cadden's lawyers had argued that he had close ties to the community and that he needed to be able to meet with his attorneys on short notice as the trial date approaches. They also said Cadden needed to be able to leave his home to tend to the needs of his children.
"The defendant has put forth no reason why his current release conditions cannot accommodate his meeting with counsel and summer child care and other household duties," the prosecution appeal states.
Strachan noted that Cadden currently is allowed to meet with his attorneys twice a week and can request additional meetings with 72-hours advance notice.
She stressed the seriousness of the charges Cadden faces, including second degree murder and racketeering in the deaths of patients in Michigan, Tennessee, Indiana, Maryland, Virginia, Florida and North Carolina.
Citing recent rulings in which Cadden's motions for dismissal were denied, the appeal states," The following months thus present an even more serious risk of Cadden's flight, not one that is lessened."
The 2012 outbreak sickened 778 patients and killed 77 of them. Federal officials say Cadden's company, the New England Compounding Center, caused the outbreak by shipping fungus loaded vials of a spinal steroid to health facilities around the country.