Monday, July 11, 2016
NECC Exec Urges Denial of Appeal on Home Confinement
By Walter F. Roche Jr.
The main defendant in the criminal investigation of a deadly fungal meningitis outbreak says he is not responsible for the illnesses of victims and furthermore. letters from victims are not relevant to whether he should be released from home detention.
In a nine-page filing in U.S. District Court in Boston, Mass. the lawyer for Barry Cadden states that he intends to prove at trial that the condition of outbreak victims "was not caused by any criminal conduct on the part of Mr. Cadden."
"Furthermore," the filing by attorney Bruce A. Singal states, "while they deserve
compassion for the great suffering they have endured, it is respectfully submitted that these letters and their authors requests are not relevant to the court's analysis under the Bail Reform Act."
The filing comes following an appeal by federal prosecutors seeking to reverse the decision of U.S. Magistrate Jennifer Boal to release Cadden from 24-hour a day home detention.
The appeal was filed to U.S. District Judge Richard Stearns, who is presiding over the criminal cases stemming from the outbreak.
Cadden was part owner of the New England Compounding Center, the Framingham, Mass. company blamed for the outbreak. Cadden has been charged with 25 counts of second degree murder as a result of the criminal probe of NECC. His trial is scheduled for Jan. 5 of next year.
Cadden's lawyer was referring to letters from victims of the outbreak that were read in to the record during a hearing on Cadden's request to be released from home detention. Despite the pleas from victims to keep Cadden confined, Boal granted the motion and ordered that Cadden could be away from his Wrentham home daily from 7 a.m. to 7 p.m. He remains on $500,000 bail and must wear a GPS monitor, which constantly tracks his location.
Prosecutors last week filed a quick appeal of Boal's order arguing that with his trial now approaching and a dismissal motion denied, Cadden is at even more risk of fleeing.
Cadden's lawyer, however, said Cadden has never been a flight risk and is looking forward to proving his innocence at trial.
He noted that some 18 months before he was indicted in late 2014, Cadden knew he would be facing serious charges but did not flee.
"If Mr. Cadden was going to flee, he would have done so then," the brief states.
Stating that the law requires that the least restrictive requirements be utilized before trial, the motion adds that Cadden "is looking forward to proving his innocence at trial."
"Barry Cadden is not and has never been a risk of flight or danger to he community," the motion concludes.
According to the filing Cadden's only prior arrest was for driving while his license had been revoked. The date of that incident was not disclosed.