Sunday, April 16, 2017
Seven NECC Defendants Seek November Trial
By Walter F. Roche Jr.
Seven remaining defendants in the federal criminal case stemming from the federal probe of a defunct Massachusetts drug compounding company are requesting a November date for their trial on fraud and conspiracy charges.
In a motion filed late last week, lawyers for the defendants who just had an April trial date canceled, said a November date would allow enough time for the completion of the scheduled trial of another codefendant, Glenn Chin, who has an August trial date.,
The Friday motion follows the recent completion of the trial of Barry Cadden, the former president and part owner of the New England Compounding Center, the Framingham, Mass. firm blamed for a deadly 2012 fungal meningitis outbreak.
Cadden was convicted of racketeering, conspiracy and mail fraud charges after a 10-week trial. The jury acquitted him on second degree murder charges.
Chin faces the same charges as did Cadden.
The motion filed by the seven remaining defendants opposes an open ended trial delay proposed by federal prosecutors. They proposed a delay until an appeals court rules on a prosecution motion to overturn a ruling by U.S. District Judge Richard G. Stearns dismissing several counts in the original 2014 NECC indictment.
The motion states a November date "would permit an interval period between the two cases and also provide a specific trial date that will assist with the scheduling complexities inherent in a multi-week multi-defendant trial.
The motion was filed in behalf of Gregory Conigliaro, Gene Svirsky, Christopher Leary, Joseph Evanosky, Scott Connolly, Sharon Carter and Alla Stepanets.