By Walter F. Roche Jr.
Massachusetts regulators have released the details of restrictions that have been placed on a pharmacist who was convicted of four violations of the Food Drug and Cosmetic Act at a now defunct drug compounding firm.
Kathy S. Chin, whose license was placed on probation on Dec. 21 of last year, will have to work under the supervision of another licensed pharmacist and that pharmacist will have to file quarterly reports on her job performance to the state Pharmacy Board.
Chin was one of 14 people connected to the New England Compounding Center indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak.
She was found guilty on May 2, 2019 and sentenced to two years probation on Jan. 2 2020.
Under the consent agreement with the board, Chin's license will remain in probationary status for three years.
Before she can begin work as a pharmacist she must pass an examination (Multistate Pharmacy Jurisprudence Examination)and she is barred from engaging in sterile compounding and from serving as a pharmacist-in-charge or supervising pharmacy interns.
Chin is the spouse of Glenn Chin, who was also indicted in 2014. He is now serving an eight year federal prison sentence following his conviction on racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act.
Glenn Chin and his former boss, Barry Cadden, also have been charged with 11 counts of second degree murder in Michigan. That case has not yet gone to trial.
Contact: wfrochejr999@gmail.com
Friday, January 29, 2021
Thursday, January 28, 2021
Chin Seeks End of Murder Charges
By Walter F. Roche Jr.
Charging that prosecutors have utterly failed to produce needed evidence, lawyers for a former pharmacist are asking the Michigan Appeals Court to allow them to challenge the decision to send 11 second dgree murder charges to a jury.
In a 16-page filing this week in the appeals court, lawyers for Glenn Chin said the murder charges cannot stand because prosecutors failed to identify any single act by Chin that led to the deaths of 12 Michigan patients.
Chin and his former boss, Barry Caddden, were charged with second degree murder following an investigation of the 2012 fungal meningitis outbreak which was caused by steroids produced at the New England Compounding Center.
Cadden was president and part owner of the now defunct company and Chin supervised the clean room where the fungus ridden methylprednisolone acetate was produced. Cadden is also asking the appeals court to consider overturning the December decision by Circuit Court Judge Michael P. Hatty to send the murder charges to a jury.
The motion filed today by Kevin S. Gentry concedes that "the clean room was not all that clean," but states prosecutors "utterly failed to even try to offer evidence on actual causation."
In fact, the filing states, the clean room conditions were "outright unsanitary and messy."
Nonetheless prosecutors failed to identify any act by Chin that caused the drugs to become contaminated, the motion states, noting that tests showed the drugs were sterile after Chin performed the initial compounding.
Subsequently they were placed in vials by other NECC employees and shipped to health providers in Michigan and some 20 other states.
"Some particular act of his (Chin) must be seen to have, more likely than not, to be the cause of the deaths," the motion states.
"The methylprednisolone acetate was sterile at the time it left Chin's hands," the filing states, adding that no one has been able to determine exactly how or when the drugs became contaminated with a deadly fungus.
Prosecutors from the state Attorney General's office, the Chin filing states, tried to hide that lack of causation evidence "behind a mountain of mental state evidence."
Contending that the case is really a product liability case, the motion states that there has never been a second degree murder finding based on the type of evidence presented against Chin.
The motion asks the appeals court to allow Chin's lawyer to appeal the so-called bind over order now, even though a final judgement has not been made in circuit court.
Contact: wfrochejr999@gmail.com
Charging that prosecutors have utterly failed to produce needed evidence, lawyers for a former pharmacist are asking the Michigan Appeals Court to allow them to challenge the decision to send 11 second dgree murder charges to a jury.
In a 16-page filing this week in the appeals court, lawyers for Glenn Chin said the murder charges cannot stand because prosecutors failed to identify any single act by Chin that led to the deaths of 12 Michigan patients.
Chin and his former boss, Barry Caddden, were charged with second degree murder following an investigation of the 2012 fungal meningitis outbreak which was caused by steroids produced at the New England Compounding Center.
Cadden was president and part owner of the now defunct company and Chin supervised the clean room where the fungus ridden methylprednisolone acetate was produced. Cadden is also asking the appeals court to consider overturning the December decision by Circuit Court Judge Michael P. Hatty to send the murder charges to a jury.
The motion filed today by Kevin S. Gentry concedes that "the clean room was not all that clean," but states prosecutors "utterly failed to even try to offer evidence on actual causation."
In fact, the filing states, the clean room conditions were "outright unsanitary and messy."
Nonetheless prosecutors failed to identify any act by Chin that caused the drugs to become contaminated, the motion states, noting that tests showed the drugs were sterile after Chin performed the initial compounding.
Subsequently they were placed in vials by other NECC employees and shipped to health providers in Michigan and some 20 other states.
"Some particular act of his (Chin) must be seen to have, more likely than not, to be the cause of the deaths," the motion states.
"The methylprednisolone acetate was sterile at the time it left Chin's hands," the filing states, adding that no one has been able to determine exactly how or when the drugs became contaminated with a deadly fungus.
Prosecutors from the state Attorney General's office, the Chin filing states, tried to hide that lack of causation evidence "behind a mountain of mental state evidence."
Contending that the case is really a product liability case, the motion states that there has never been a second degree murder finding based on the type of evidence presented against Chin.
The motion asks the appeals court to allow Chin's lawyer to appeal the so-called bind over order now, even though a final judgement has not been made in circuit court.
Contact: wfrochejr999@gmail.com
Tuesday, January 26, 2021
Cadden Seeks Dismissal of Murder Charges
By Walter F. Roche Jr.
Arguing that the second degree murder charges he faces should never be placed before a jury, lawyers for a former pharmacist are asking the Michigan Appeals Court to overturn a recent circuit court judge's decision and order all charges dismissed.
In a 21-page filing this week, Gerald Gleeson, Cadden's attorney, wrote that the case against Cadden is fatally flawed because prosecutors failed to identify even a single act by Cadden that caused the deaths of 11 Livingston County patients.
Cadden was charged with 11 counts of second degree murder by the Michigan Attorney General's Office. Cadden was president and part owner of a Massachusetts drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
Cadden is asking the appeals court to allow him to appeal the so-called bindover order that was affirmed by Circuit Court Judge Michael Hatty on Dec. 10.
"The bindover rulings were wrong as a matter of law," the appeals filing states, adding that the state after nearly a decade of investigation still cannot identify a single act by Cadden that caused thousands of vials of methylprednisolone acetate to become contaminated by a deadly fungus.
Prosecutors, he wrote, sought to hide their failure by burying it "under a mountain of testimony."
Instead Gleeson wrote, it was co-defendant Glenn Chin who supervised the clean room where the deadly doses were put together. Chin has been charged with the same 11 counts of second degree murder.
"Glenn Chin, not Barry Cadden was responsible for supervising the clean room," the filing states, adding that Chin was the one primarily responsible for compounding drugs at the now defunct New England Compounding Center.
It was Chin, the appeal states, who put increased production over safety and ordered workers to cut corners.
Stating that Cadden was not involved in day-to-day operations at NECC, the filing states that according to court testimony, Cadden never even went in to the clean room during the time the deadly steroids were produced.
Stating that prosecutors, lacking real evidence, proceeded on the premise that Cadden should have been aware of how bad the conditions were in the clean room.
"This type of causal daisy chain is unprecedented in Michigan," Gleeson wrote, concluding that the lower courts bindover orders should be reversed "and the charges against Mr. Cadden should be dismissed."
Contact: wfrochejr999@gmail.com
Arguing that the second degree murder charges he faces should never be placed before a jury, lawyers for a former pharmacist are asking the Michigan Appeals Court to overturn a recent circuit court judge's decision and order all charges dismissed.
In a 21-page filing this week, Gerald Gleeson, Cadden's attorney, wrote that the case against Cadden is fatally flawed because prosecutors failed to identify even a single act by Cadden that caused the deaths of 11 Livingston County patients.
Cadden was charged with 11 counts of second degree murder by the Michigan Attorney General's Office. Cadden was president and part owner of a Massachusetts drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
Cadden is asking the appeals court to allow him to appeal the so-called bindover order that was affirmed by Circuit Court Judge Michael Hatty on Dec. 10.
"The bindover rulings were wrong as a matter of law," the appeals filing states, adding that the state after nearly a decade of investigation still cannot identify a single act by Cadden that caused thousands of vials of methylprednisolone acetate to become contaminated by a deadly fungus.
Prosecutors, he wrote, sought to hide their failure by burying it "under a mountain of testimony."
Instead Gleeson wrote, it was co-defendant Glenn Chin who supervised the clean room where the deadly doses were put together. Chin has been charged with the same 11 counts of second degree murder.
"Glenn Chin, not Barry Cadden was responsible for supervising the clean room," the filing states, adding that Chin was the one primarily responsible for compounding drugs at the now defunct New England Compounding Center.
It was Chin, the appeal states, who put increased production over safety and ordered workers to cut corners.
Stating that Cadden was not involved in day-to-day operations at NECC, the filing states that according to court testimony, Cadden never even went in to the clean room during the time the deadly steroids were produced.
Stating that prosecutors, lacking real evidence, proceeded on the premise that Cadden should have been aware of how bad the conditions were in the clean room.
"This type of causal daisy chain is unprecedented in Michigan," Gleeson wrote, concluding that the lower courts bindover orders should be reversed "and the charges against Mr. Cadden should be dismissed."
Contact: wfrochejr999@gmail.com
Saturday, January 23, 2021
Ex-NECC Rx Has License Suspended
By Walter F. Roche Jr.
A pharmacist who is serving a 30 month federal jail sentence following his conviction on racketeering, conspiracy and mail fraud charges has agreed to have his pharmacist license suspended by the Massachusetts Board of Pharmacy.
According to a five-page consent agreement Gene Svirskiy' pharmacist license will be suspended for two years to be followed by three years of probation.
Svirskiy, 39, was a pharmacist at the New England Compounding Center, the now defunct company that caused a deadly 2012 fungal meningitis outbreak.
Svirsky was convicted of the charges on Dec. 13, 2018 and U.S. District Judge Richard G. Stearns set the 30 month sentence which he is currently serving at the federal prison at Fort Devens, Mass.
Under the consent agreement Svirskiy must pass an examination before resuming pharmacy duties. In addition he cannot serve as a manager of record, nor supervise pharmacy interns. He also agreed not to engage in any sterile compounding.
If he violates the conditions of the agreement, the state board can extend the probation or suspend his license. The probation currently is scheduled to be lifted on Jan. 10, 2025. He is scheduled for release from prison on Aug. 26 of this year.
The state board records show that another former NECC pharmacist, Kathy Chin, has had her license placed on probation.
Contact: wfrochejr999@gmail.com
A pharmacist who is serving a 30 month federal jail sentence following his conviction on racketeering, conspiracy and mail fraud charges has agreed to have his pharmacist license suspended by the Massachusetts Board of Pharmacy.
According to a five-page consent agreement Gene Svirskiy' pharmacist license will be suspended for two years to be followed by three years of probation.
Svirskiy, 39, was a pharmacist at the New England Compounding Center, the now defunct company that caused a deadly 2012 fungal meningitis outbreak.
Svirsky was convicted of the charges on Dec. 13, 2018 and U.S. District Judge Richard G. Stearns set the 30 month sentence which he is currently serving at the federal prison at Fort Devens, Mass.
Under the consent agreement Svirskiy must pass an examination before resuming pharmacy duties. In addition he cannot serve as a manager of record, nor supervise pharmacy interns. He also agreed not to engage in any sterile compounding.
If he violates the conditions of the agreement, the state board can extend the probation or suspend his license. The probation currently is scheduled to be lifted on Jan. 10, 2025. He is scheduled for release from prison on Aug. 26 of this year.
The state board records show that another former NECC pharmacist, Kathy Chin, has had her license placed on probation.
Contact: wfrochejr999@gmail.com
Friday, January 22, 2021
Chin RX License on Probation
By Walter F. Roche Jr.
The pharmacist' license of one of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has been placed on probation.
Records from the Massachusetts Board of Pharmacy show Kathy S. Chin was placed on probationary status as of Dec. 21. The board's web site does not provide any additional information.
Requests to the board for additional information went unanswered.
Chin was convicted of four felony counts of violating the Food Drug and Cosmetic Act in 2019. She was one of 14 persons connected to the New England Compounding Center who were indicted in 2014 following a two year federal probe of the fungal meningitis outbreak.
The state pharmacy board had voted to send her case to its prosecution unit after attempts to reach a settlement on her license status failed. The board had proposed an agreement under which she would have retained her license but with special restrictions.
Following her conviction Chin was sentenced to two years probation by U.S. District Court Judge Richard G. Stearns.
Her busband, Glenn Chin was convicted on charges of racketeering, conspiracy and mail fraud. Glenn Chin was given an eight year federal prison sentence. He is awaiting trial in Michigan on second degree murder charges in the deaths of Michigan patients who died following injection of NECC steroids contaminated with deadly fungi.
Glenn Chin was a supervising pharmacist at NECC and oversaw the clean room where the tainted steroids were produced.
Kathy Chin was a verifying pharmacist at NECC and prosecutors charged that she approved the shipment of drugs prescribed for obviously fake patients. Contact: wfrochejr999@gmail.com 1
The pharmacist' license of one of the defendants in the criminal case stemming from the 2012 fungal meningitis outbreak has been placed on probation.
Records from the Massachusetts Board of Pharmacy show Kathy S. Chin was placed on probationary status as of Dec. 21. The board's web site does not provide any additional information.
Requests to the board for additional information went unanswered.
Chin was convicted of four felony counts of violating the Food Drug and Cosmetic Act in 2019. She was one of 14 persons connected to the New England Compounding Center who were indicted in 2014 following a two year federal probe of the fungal meningitis outbreak.
The state pharmacy board had voted to send her case to its prosecution unit after attempts to reach a settlement on her license status failed. The board had proposed an agreement under which she would have retained her license but with special restrictions.
Following her conviction Chin was sentenced to two years probation by U.S. District Court Judge Richard G. Stearns.
Her busband, Glenn Chin was convicted on charges of racketeering, conspiracy and mail fraud. Glenn Chin was given an eight year federal prison sentence. He is awaiting trial in Michigan on second degree murder charges in the deaths of Michigan patients who died following injection of NECC steroids contaminated with deadly fungi.
Glenn Chin was a supervising pharmacist at NECC and oversaw the clean room where the tainted steroids were produced.
Kathy Chin was a verifying pharmacist at NECC and prosecutors charged that she approved the shipment of drugs prescribed for obviously fake patients. Contact: wfrochejr999@gmail.com 1
Thursday, January 14, 2021
Prosecutors: Cadden Emails Seized Properly
By Walter F. Roche Jr.
Michigan prosecutors say emails of a former pharmacist charged with second degree murder were properly seized by federal agents and can now be used in the pending cases in Livingston Circuit Court.
In an 11-page filing with seven detailed attachments, attorneys for Michigan Attorney General's office disputed claims by the former pharmacist that his emails were seized illegally when federal agents raided the New England Compounding Center in October of 2012.
Cadden's lawyer had asked for an order barring use of the email contending that the first federal search warrant issued Oct. 16 was deficient and the Oct. 25 was an improper attempt to paper over the original's omissions.
In the reply Assistant Attorney Generals Deborah Hart and Gregory Townsend said that the electronic equipment was seized legally through a seach warrant approved by a federal magistrate.
The arguments come as both sides gear up for a trial on the second degree murder charges facing Cadden and Glenn Chin. Cadden was the president and part owner of NECC. Chin was a supervising NECC pharmacist.
The two are charged in the deaths of 11 Michigan patients who died after being injected with NECC steroids loaded with deadly fungi.
The attorney general's filing notes that the challenged data was in evidence in the federal trials of Cadden and Chin and went without challenge. The two were convicted of federal racketeering, conspiracy and mail fraud charges but not of second degree murder.
In the filing Hart and Townsend said the search warrants were very specific and sought both paper and electronic form.
The filing states that after the first search warrant was issued it was clear that NECC was closely tied to Medical Sales Mangement and that its records were interconnected. The brief states that it would be "absurd" to require that federal agents know what they had yet to find out.
Such information could not have been known by the government prior to conducting the first search warrant," the filing states.
Stating the information sought was "as specific as possible," and the devices seized were "well within the description."
The filing concludes by stating that there was "no evidence whatsoever" that the federal agent involved in the search and warrants was "dishonest or reckless" in preparing the affidavit justifying the search.
Contact: wfrochejr999@gmail.com
Michigan prosecutors say emails of a former pharmacist charged with second degree murder were properly seized by federal agents and can now be used in the pending cases in Livingston Circuit Court.
In an 11-page filing with seven detailed attachments, attorneys for Michigan Attorney General's office disputed claims by the former pharmacist that his emails were seized illegally when federal agents raided the New England Compounding Center in October of 2012.
Cadden's lawyer had asked for an order barring use of the email contending that the first federal search warrant issued Oct. 16 was deficient and the Oct. 25 was an improper attempt to paper over the original's omissions.
In the reply Assistant Attorney Generals Deborah Hart and Gregory Townsend said that the electronic equipment was seized legally through a seach warrant approved by a federal magistrate.
The arguments come as both sides gear up for a trial on the second degree murder charges facing Cadden and Glenn Chin. Cadden was the president and part owner of NECC. Chin was a supervising NECC pharmacist.
The two are charged in the deaths of 11 Michigan patients who died after being injected with NECC steroids loaded with deadly fungi.
The attorney general's filing notes that the challenged data was in evidence in the federal trials of Cadden and Chin and went without challenge. The two were convicted of federal racketeering, conspiracy and mail fraud charges but not of second degree murder.
In the filing Hart and Townsend said the search warrants were very specific and sought both paper and electronic form.
The filing states that after the first search warrant was issued it was clear that NECC was closely tied to Medical Sales Mangement and that its records were interconnected. The brief states that it would be "absurd" to require that federal agents know what they had yet to find out.
Such information could not have been known by the government prior to conducting the first search warrant," the filing states.
Stating the information sought was "as specific as possible," and the devices seized were "well within the description."
The filing concludes by stating that there was "no evidence whatsoever" that the federal agent involved in the search and warrants was "dishonest or reckless" in preparing the affidavit justifying the search.
Contact: wfrochejr999@gmail.com
Monday, January 11, 2021
Cadden/Chin Charges Sustained
By Walter F. Roche Jr.
A Michigan judge has denied a motion to effectively dismiss multiple second degree murder charges against two former pharmacists blamed in a deadly 2012 fungal meningitis outbreak.
In an order issued today Livingston Circuit Court Michael P. Hatty denied the motions filed by lawyers for Barry J. Cadden and Glenn Chin to reverse the decision of a district court judge who bound the two over for trial on 11 counts each of second degree murder.
The action means that the two will now face trial in Livingston County on the charges. Hatty previously denied several other defense motions including one to move the trial to another Michigan county.
In a related action Hatty set a schedule for hearings on other pre-trial motions and future status conferences.
On Feb. 11 a session will be held on a motion to delay a final order on yet another pre-trial motion so that an appeal can be filed.
On Feb. 25 Hatty will hold a session on a defense motion to force the prosecution to provide further details on the second degree murder charges.
Finally on May 13 a hearing will be held on a prosecution motion to have both defendants tried at the same time.
Hatty also set March 19 and June 11 for future status conferences.
The motion turned down by Hatty sought to have the July decision of District Court Judge Shauna Murphy overturned. She ruled there was sufficient evidence to bind the two over to circuit court on the charges.
The two are charged in the deaths of 11 Michigan patients who were injected with contaminated drugs produced at the New England Compounding Center. Cadden was president and part owner of the company, while Chin was a supervising pharmacist of the defunct drug compounding firm.
The two already have been convicted on federal racketeering and mail fraud charges.
Contact: wfrochejr999@gmail.com
A Michigan judge has denied a motion to effectively dismiss multiple second degree murder charges against two former pharmacists blamed in a deadly 2012 fungal meningitis outbreak.
In an order issued today Livingston Circuit Court Michael P. Hatty denied the motions filed by lawyers for Barry J. Cadden and Glenn Chin to reverse the decision of a district court judge who bound the two over for trial on 11 counts each of second degree murder.
The action means that the two will now face trial in Livingston County on the charges. Hatty previously denied several other defense motions including one to move the trial to another Michigan county.
In a related action Hatty set a schedule for hearings on other pre-trial motions and future status conferences.
On Feb. 11 a session will be held on a motion to delay a final order on yet another pre-trial motion so that an appeal can be filed.
On Feb. 25 Hatty will hold a session on a defense motion to force the prosecution to provide further details on the second degree murder charges.
Finally on May 13 a hearing will be held on a prosecution motion to have both defendants tried at the same time.
Hatty also set March 19 and June 11 for future status conferences.
The motion turned down by Hatty sought to have the July decision of District Court Judge Shauna Murphy overturned. She ruled there was sufficient evidence to bind the two over to circuit court on the charges.
The two are charged in the deaths of 11 Michigan patients who were injected with contaminated drugs produced at the New England Compounding Center. Cadden was president and part owner of the company, while Chin was a supervising pharmacist of the defunct drug compounding firm.
The two already have been convicted on federal racketeering and mail fraud charges.
Contact: wfrochejr999@gmail.com
Thursday, January 7, 2021
Cadden Criminal Evidence Challenged
By Walter F. Roche Jr.
Lawyers for a former pharmacist charged with second degree murder are asking a Michigan judge to exclude hundreds of pieces of evidence, contending they were illegally seized by federal agents in 2012.
In an 18-page motion filed in Livingston County Circuit Court, lawyers for Barry J. Cadden state that agents for the U.S. Food and Drug Administration seized computers asnd related equipment that were not auhorized under a search warrant.
Only after the computers had been seized did the FDA agents seek authorization for seizure of the computers.
The motion charges that the second search warrant was an attempt to paper over "the omission of the first warrant."
"The constitution does not allow this ex-post facto seizure," the motion filed by attorney Gerald Gleeson states, adding that the action also violated the Michigan Constitution.
Cadden was charged with 13 counts of second degree murder for his role as chief pharmacist and part owner of the New England Compounding Center, the company blamed for a 2012 fungal meningitis outbreak that ultimately took the lives of more than 100 patients, including the 13 Cadden is charged with.
The evidence at issue includes dozens of emails written or received by Cadden in the months leading up to the outbreak.
Citing an affidavit filed by FDA Agent Benedict Celso, the Cadden motion states that the document "does not specficially authorize the seizure of any computer equipment."
The Celso affidavit was filed to justify the initial search warrant. The second search warrant was accompanied by an affidavit from another FDA agent, Frank Lombardo.
The Lombardo affidavit, the Cadden motion states, admits that the computer equipment had already been seized.
Citing the fourth amendment to the U.S. Constitution, the motion states that unreasonable searches and seizures are barred.
"Mr. Cadden clearly has standing to challenge the search warrant," the motion states.
The motion was filed with Circuit Court Judge Michael P. Hatty. A hearing has been scheduled for Jan. 20.
Hatty is also scheduled to hold a status conference at 10 a.m. tomorrow on the case against Cadden and Glenn Chin, who was an NECC pharmacist.
Attached to the Cadden motion are copies of the original search warrant, the second warrant and the two affidavits.
' "The state should not now be allowed to capitalize on the federal government's violations of the fourth amendment," the motion concludes.
Contact: wfrochejr999@gmail.com
Lawyers for a former pharmacist charged with second degree murder are asking a Michigan judge to exclude hundreds of pieces of evidence, contending they were illegally seized by federal agents in 2012.
In an 18-page motion filed in Livingston County Circuit Court, lawyers for Barry J. Cadden state that agents for the U.S. Food and Drug Administration seized computers asnd related equipment that were not auhorized under a search warrant.
Only after the computers had been seized did the FDA agents seek authorization for seizure of the computers.
The motion charges that the second search warrant was an attempt to paper over "the omission of the first warrant."
"The constitution does not allow this ex-post facto seizure," the motion filed by attorney Gerald Gleeson states, adding that the action also violated the Michigan Constitution.
Cadden was charged with 13 counts of second degree murder for his role as chief pharmacist and part owner of the New England Compounding Center, the company blamed for a 2012 fungal meningitis outbreak that ultimately took the lives of more than 100 patients, including the 13 Cadden is charged with.
The evidence at issue includes dozens of emails written or received by Cadden in the months leading up to the outbreak.
Citing an affidavit filed by FDA Agent Benedict Celso, the Cadden motion states that the document "does not specficially authorize the seizure of any computer equipment."
The Celso affidavit was filed to justify the initial search warrant. The second search warrant was accompanied by an affidavit from another FDA agent, Frank Lombardo.
The Lombardo affidavit, the Cadden motion states, admits that the computer equipment had already been seized.
Citing the fourth amendment to the U.S. Constitution, the motion states that unreasonable searches and seizures are barred.
"Mr. Cadden clearly has standing to challenge the search warrant," the motion states.
The motion was filed with Circuit Court Judge Michael P. Hatty. A hearing has been scheduled for Jan. 20.
Hatty is also scheduled to hold a status conference at 10 a.m. tomorrow on the case against Cadden and Glenn Chin, who was an NECC pharmacist.
Attached to the Cadden motion are copies of the original search warrant, the second warrant and the two affidavits.
' "The state should not now be allowed to capitalize on the federal government's violations of the fourth amendment," the motion concludes.
Contact: wfrochejr999@gmail.com
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