Monday, September 18, 2017

Chin Seeks to Block Prosecution Testimony


Walter F. Roche Jr.

Contending they have nothing to do with the case against his client, the attorney for the pharmacist facing 25 counts of second degree murder, is asking that federal prosecutors be barred from putting on two witnesses who testified in a related case.
The lawyer for Glenn Chin is asking U.S. District Judge Richard G. Stearns to bar prosecutors from putting Ken Boneau and Michele Adelina on the witness stand in a trial due to start tomorrow in U.S. District Court in Boston, Mass.
In his motion Stephen Weymouth said the two witnesses knew little or nothing about Chin, who was a supervising pharmacist for the defunct New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak.
Stephen Weymouth, Chin's attorney, noted that Boneau and Adelina were prosecution witnesses in the trial of Barry Cadden, who was part owner and president of NECC. Cadden was convicted of racketeering, conspiracy and mail fraud, but was cleared on second degree murder charges.
Weymouth's motion charges that Chin had nothing to do with the creation of a series of training videos used for NECC's sales force. Adelina testified at Cadden's trial that he was involved in the taping of those training tapes.
The motion states that Chin also had nothing to do with the NECC promotional materials that Boneau testified about in the Cadden trial.
The U.S. Attorney responded by stating that witnesses' testimony should be allowed because their statements would help establish the existence of a conspiracy, in which Chin was a party, to deceive NECC's customers about the quality and sterility of NECC's products.
The charges against Cadden and Chin stem from the criminal probe of the 2012 fungal meningitis outbreak which sickened 778 patients in 20 states, killing 76 of them. The now defunct NECC shipped thousands of contaminated vials of methylprednisolone acetate to health providers across the country.
Cadden is now serving a nine year prison sentence following his March conviction on 57 felony counts.
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