Final NECC Trial Re-Scheduled

By Walter F. Roche Jr.

Just a day after setting a March date for the final trial stemming from a deadly meningitis outbreak, a federal judge has issued an order putting the trial of nine defendants off for seven months.
Citing an irresolvable conflict, U.S. District Judge Richard G. Stearns revoked his Wednesday order setting a March trial date and issued a new one setting Oct. 2 trial date for the nine remaining defendants stemming from a two-year probe of the 2012 fungal meningitis outbreak.
In the brief order Stearns said he had learned his Wednesday order created a conflict for at least one attorney involved in the case and that other defense lawyers needed additional trial preparation time.
Noting that federal prosecutors were unwilling to split off any of the cases, Stearns said that one attorney was already scheduled for a lengthy trial and two others had other conflicts.
Stearns said he was also sensitive to the fact that two of the defendants, Kathy Chin and Michelle Thomas, had just been brought back into the case by an appeals court ruling. His ruling dismissing charges against the two was overruled after 14 months.
He said attorneys for the two now needed further time to review transcripts, review evidence  and prepare a defense.
The seven others facing trial include Gene Svirsky, Christopher Leary, Joseph Evanosky, Scott Connolly, Sharon Carter, Alla Stepanets and Gregory Conigliaro.
All were connected to the New England Compounding Center, the company blamed for the 2012 outbreak which took the lives of at least 76 patients across the country.
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