NECC Jury Asks for Transcripts

By Walter F. Roche Jr.

Boston-- The jury hearing the racketeering trial of six former employees of a drug compounding company that shipped highly contaminated drugs across the country asked the presiding judge today provide a transcript of the testimony of a key prosecution witness.
The request for the testimony of Scott Connolly was quickly granted as jurors met for the first full day of deliberations on the case involving former employees of the now defunct New England Compounding Center.
Connolly, who already has entered a guilty plea to multiple mail fraud charges was working at NECC as a pharmacy technician even though he had surrendered his state registration in the midst of an investigation by the state Board of Pharmacy.
Connolly, whose brother also worked at NECC, was preparing a drug called cardioplegia, which is used to stop the heart from beating during open heart surgery.
At a brief hearing today lawyers for two of the defendants raised concerns that providing the transcript of just one witness might lead to that testimony getting too much attention.
U.S. District Judge Richard G. Stearns said his only concern was that the jury be provided with the full text, including direct testimony and cross examination.
The jurors ended their deliberations at 4 p.m. and will return tomorrow at 9 a.m.
The six defendants have been charged with racketeering, conspiracy, mail fraud and violation of the Food Drug and Cosmetic Act.
Scott Connolly in his testimony in late October told the jury he worked for NECC for some two years and the fact that he lacked needed registration was general knowledge among his colleagues. Those included three of the defendants, Gene Svirskiy, his direct boss, NECC Vice President Gregory Conigliaro and pharmacist Christopher Leary.
He testified that on about half a dozen occasions he was told to leave the clean room where he worked because regulators were on the premises.
"It was my understanding that regulators were coming and they wanted me out," he said.
He said he was told when he first went to work for the company that the clean room where sterile drugs were prepared would be a good place to hide him.
Connelly acknowledged he had reached a plea agreement with federal prosecutors that is contingent on his continued cooperation with prosecutors. His sentencing has been put on hold pending the completion of the ongoing case.
Contact:wfrochejr999@gmail.com