By Walter F. Roche Jr.
Noting that he was first arrested as he was about to board a plane for Hong Kong, federal prosecutors are asking a judge to deny the request by a primary defendant in the New England Compounding Center criminal case to be released from home detention.
In the six-page filing this week, prosecutors said the facts surrounding Glenn Chin's case are different from co-defendant Barry Cadden who already has been freed from 24-hour home detention.
Noting that the restrictions on Chin already have been eased, Assistant U.S. Attorney Amanda Strachan said the defendant already has permission to visit with his attorneys.
Cadden and Chin are facing multiple charges stemming from the probe of NECC, the defunct company blamed for a deadly fungal meningitis outbreak. Charges against the two include 25 counts of second degree murder.
"The defendant has put forth absolutely no reason why his current amended release conditions cannot accommodate his meeting with counsel and family obligations," Strachan and Assistant U.S. Attorney George Varghese wrote in the filing.
Prosecutors noted that the trial for Cadden and Chin less than six months away and motions to dismiss the most serious charges have now been denied.
"Now is not the time to expand the defendant's risk of flight," the filing states.
Prosecutors noted that victims of the 2012 outbreak also have expressed their opposition to Chin's request.
Stating that Chin's position differs from Cadden's, they noted that Chin and his family were about to board a plane for China when he was arrested on Sept. 4, 2014.
The 2012 fungal meningitis outbreak has been attributed to fungus laden spinal steroids shipped from NECC to health providers in some 20 states. A total of 778 patients were sickened and 77 died.