Tuesday, March 28, 2017

Chin NECC Trial Delayed Til August


By Walter F. Roche Jr.

The trial of the second defendant in the criminal case stemming from a deadly 2012 fungal meningitis outbreak is being delayed by four months and opening arguments in the case against Glenn Chin have been set for Aug. 14.
U.S. District Judge Richard G. Stearns issued a brief order today setting the trial date and also disclosing that he will be setting time limits on both sides to present their cases.
Chin's trial had been anticipated to begin in April following the recent conclusion last week in the trial of the other main defendant, Barry J. Cadden.
Both Cadden and Chin were charged with racketeering, mail fraud and 25 counts of second degree murder following a two year probe of a fungal meningitis outbreak that sickened 778 patients, killing 77 of them.
A 12 member jury convicted Cadden of rackecteering and mail fraud but acquitted him on the second degree murder charges. Cadden was a part owner and president of the New England Compounding Center, the company blamed for the outbreak.
Chin, who faces identical charges, was a supervising pharmacist at NECC.
In his brief order, Stearns stated that an additional order setting time limits on the upcoming trial would issue "in due course."
Both prosecutors and Chin's attorneys have submitted proposals on limiting the testimony.
The judge moved to limit testimony as the Cadden trial inched its way through his court over a nine week period. Most of that time was consumed by the prosecution case, while Cadden's defense covered barely two days.
Under Stearns order jury selection will begin Aug. 11.
Stearns order does not make clear what will happen with the cases against seven other NECC defendants who also had been slated for an April trial.  Those include Scott Connelly who was working as a pharmacy technician at NECC even though he had voluntarily given up his registration following a state Board of Pharmacy investigation.
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