Michigan Hearing on Chin, Cadden Charges

By Walter F. Roche Jr.

A Livingston County judge will hear arguments Tuesday on whether two former Massachusetts pharmacists, must attend a November hearing on the multiple murder charges they are facing.
Lawyers for Barry Cadden and Glenn Chin have stated that their clients will waive their right to be in attendance at a preliminary examination scheduled for Nov. 14 and 15. Michigan's Attorney General, Dana Nessel, however, says the two defendants should be there.
"We are opposing it, we believe that both defendants should be present when we start taking testimony," said Kelly Rossman McKinney, spokeswoman for Nessel.
Chin and Cadden have been charged with 11 counts of second degree murder due to their roles in the 2012 fungal meningitis outbreak that took the lives of dozens of patients among some 800 who were sickened.
Cadden and Chin, who already are serving federal prison sentences for their roles in the outbreak, were charged with second degree murder late last year by then Michigan Attorney General Bill Schuette.
It will be up to Livingston County Judge Shauna Murphy to decide whether the two must be present. The Tuesday hearing is scheduled for 9 a.m. at the Livingston County District Court in Howell.
Under Michigan law at a preliminary examination hearing the prosecution has to show that a crime has occurred and it is more likely than not that the criminal defendants committed the crimes.
Chin and Cadden were also charged with second degree murder in the federal case, but two separate juries cleared them of those charges. The two were convicted however on racketeering, conspiracy and mail fraud charges. Cadden was president and part owner of the New England Compounding Center, the company blamed for the outbreak. Chin was a supervising pharmacist at NECC.
Cadden is serving a nine year federal prison sentence, while Chin is serving an eight year sentence. The two were among 14 indicted in 2014 following a two year grand jury probe of the outbreak.
Families of the Michigan are expected to attend.
Rossman-McKinney said the prosecutors plan to take testimony from Michigan witnesses on Nov. 14 and 15. Out-of-state witnesses are expected to testify on Dec. 10 and 11. Rossman-McKinney said additional sessions will likely be needed in December.