Monday, December 19, 2016
Judge Sets Dates in NECC Criminal Case
By Walter F. Roche Jr.
Opening arguments in the murder case against Barry Cadden, part owner of a defunct drug company, are tentatively scheduled for Jan. 9 in U.S. District Court in Boston, Mass.
In a recent order U.S. District Judge Richard G. Stearns also set aside three days, Jan. 4-6, for jury selection in the case.
In addition Stearns has ruled that the trial of Cadden's co-defendant, Glenn Chin, will follow immediately after the Cadden case has concluded.
The scheduling order follows Stearns decision last week to grant the two defendants separate trials.
Cadden's lawyer, Bruce A. Singal, requested that the two cases be severed in a sealed motion.
In his decision Stearns cited the conflicting strategies of the two, both facing 25 counts of second degree murder among other charges.
Cadden and Chin are among 14 indicted in late 2014 following a two year investigation of a fungal meningitis outbreak that sickened 778 patients in some 20 states. At least 77 of them died.
Cadden, through his lawyer, has conceded that 25 of those deaths were caused by doses of methylprednisolone acetate shipped from the New England Compounding Center in Framingham, Mass. State and federal officials concluded the vials of the steroid were infested with fungus due to unsanitary conditions at NECC.
Cadden, however, has indicated he intends to blame Chin and others for the deadly outbreak of fungal meningitis.
Stearns cited the "antagonistic defenses" as a factor leading to his reluctant decision to split the two cases.
Cadden was a party owner of NECC, while Chin was a supervising pharmacist.
Two of the remaining defendants have entered guilty pleas to reduced charges, while two others had charges dismissed.
The remaining defendants are scheduled for trial in April.