NECC Defendants Seek Six Weeks of Testimony

By Walter F. Roche Jr.

Lawyers for the remaining defendants in the fungal meningitis outbreak criminal case say they will need four to six weeks to present their cases when the trial begins in early October.
In a joint filing today in U.S. District Court in Boston, Mass. lawyers for the eight remaining defendants estimated they would need a total of 112 to 161 hours to present jurors with their defenses. Based on the past practices of U.S. District Judge Richard G. Stearns, who is presiding over the case, that could mean more than six weeks of testimony.
Stearns in two previous NECC criminal trials, limited testimony to five hours per day.
Stearns had issued an order requiring prosecutors and defense lawyers to provide an estimate of the time they would need.
An estimate by the U.S. Attorney's office has yet to be filed.
According to the filing the defendants intend to designate a lead attorney for each cross examination and "to divide responsibilities to avoid repetition."
In the three page joint filing, the defense attorneys stated that they had provided more detailed information to Stearns under seal.
Stearns limited testimony in the recent trial of Glenn Chin, who was a supervising pharmacist at the New England Compounding Center, the company blamed for the deadly 2012 fungal meningitis outbreak. The eight remaining defendants were NECC employees.
Prosecutors already have provided a list of 76 possible witnesses they may call to present their case.
The remaining defendants face racketeering, conspiracy and mail fraud charges. None have been charged in connection with the deaths of outbreak victims.
The eight are Gene Svirskiy, Christopher Leary, Joseph Evanosky, Sharon Carter, Alla Stepanets, Gregory Conigliaro, Kathy Chin and Michelle Thomas.
Chin and NECC president Barry J. Cadden were convicted of racketeering and mail fraud charges in two separate trials. Both are now serving prison sentences. They were cleared of second degree murder charges.
All of the defendants were named in a 2014 indictment following a two year probe of the fungal meningitis outbreak which sickened 780 patients in more than 20 states. Seventy six of them died.
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