Wednesday, February 1, 2017

Cadden E-mails Cite Pubic Hair in Clean Room

By Walter F. Roche Jr.

BOSTON, Mass. - The defendant in the ongoing fungal meningitis criminal case wants a judge to bar the use by prosecutors of "highly prejudicial" emails that mention finding pubic hair in a clean room and include "joking banter" about using cocaine at a holiday party.
In a motion filed Tuesday in U.S. District Court, Cadden's lawyers asked that 33 of 63 emails be excluded from presentation to the jury hearing his second degree murder case.
The motion states that the 33 emails "are extremely prejudicial as they repeatedly reference and describe pubic hairs found in the clean room and other purported grooming issues."
The motion also argues that some of the emails are too old and are not relevant to the time in 2012 when the deadly fungal meningitis outbreak surfaced. The outbreak, caused by fungus contaminated steroids from NECC caused the death of 76 patients in 20 states.
Cadden's lawyers noted that U.S. District Judge Richard G. Stearns already blocked the use of other dated emails.
In addition to the pubic hair email, the motion cites other emails in which NECC officials joked about the use of cocaine.
The emails contain "unfairly prejudicial banter about using cocaine at a holiday party," the 10-page motion states.
Another set of emails gives "the false impression that Mr. Cadden was aware that mice were present in the clean room.
Another email cited by Cadden includes a reference to an NECC pharmacy technician, Scott Connolly, who was working without a license. Scott Connolly is a co-defendant in the case and his trial is scheduled for April.
"This situation is exactly why Scott (Connolly) must be swapped into a less dangerous position. We would be f------ if this was a cardio med," the email states.
The motion also challenges the plan by prosecutors to have the emails read into the record by U.S. Food and Drug Administration Agent Sara Albert, thus depriving the defense of an opportunity to cross examine a witness with direct knowledge of the emails.
Overall, the motion concludes, the 33 emails are "replete with unfairly prejudicial statements that are often irrelevant and misleading...(T)he unfair prejudice to Mr. Cadden if these emails are admitted is insurmountable."

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