Judge OKs Subpoena in Criminal Case

By Walter F. Roche Jr.


A federal judge has approved an unusual request for a subpoena filed by the attorney for one of the remaining defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
The unusual request was filed in behalf of Joseph M. Evanosky, a former employee of the New England Compounding Center, the now defunct firm blamed for the 2012 fungal meningitis outbreak.
Under the request filed in U.S. District Court in Boston, Mass. Evanosky's lawyers asked that the details of the subpoena be kept secret and not disclosed to federal prosecutors, at least initially.
Under the approved agreement, Evanosky's lawyers will disclose the subpoena details to the U.S. Attorney only if they decide to use the subpoenaed information as part of Evanosky's defense.
Evanosky faces racketeering and conspiracy charges. A licensed pharmacist he worked in one of the two NECC clean rooms where sterile drugs were prepared.
Evanosky is one of nine remaining NECC defendants scheduled to go on trial Oct. 2 before U.S. District Judge Richard G. Stearns, They were among 14 indicted in 2014 following a lengthy probe of the outbreak that took the lived of at least 76 patients.
All were affiliated with NECC or a sister sales company. Two have been found guilty and are serving federal prison sentences following their conviction on racketeering and conspiracy charges.
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