Chin Sentencing Delayed

By Walter F. Roche Jr.

The sentencing hearing for a former supervising pharmacist for the firm blamed for a deadly fungal meningitis outbreak was delayed today due to technical difficulties.
The sentencing of Glenn Chin was halted when the presiding judge and others in the Boston, Mass. federal courtroom were unable to hear Chin's testimony. He was testifying from a Michigan jail where he is being held for related second degree murder charges.
The technical problems surfaced after federal prosecutors and Chin's lawyer gave extensive arguments about the length of time he should be jailed.
Chin's lawyer, James Sultan, conceded that an increase of two years to Chin's current eight year sentence would be appropriate.
Assistant U.S. Attorney Amanda Strachan urged U.S. District Court Judge Richard G. Stearns to give Chin the same 14.5 year sentence imposed yesterday on co-defendant Barry Cadden.
She conceded that it would not be appropriate for Chin to get a longer sentence than Cadden. She initially had sought a 17.5 year sentence for both defendants.
Chin was a supervising pharmacist at the now defunct New England Compounding Center. Cadden was president and part owner of NECC.
Cadden and Chin were both convicted of racketeering, conspiracy, mail fraud and violations of rhe Food Drug and Cosmetic Act. The charges stemmed from a two-year probe of the 2012 fungal meningitis outbreak, which ultimately took the lives of over 100 patients.
The outbreak was caused by fungus laden spinal steroids produced by NECC and shipped to health facilities all over the country.
Stearns said he would reconvene the court when the technical difficuties were resolved.
In arguments before the session was halted, Sultan said that for a longer sentence to be imposed the prosecution had to show he was specifically aware of the risk.
He labeled the 1st Circuit Court of Appeals decision on Chin's sentence "laughable" and noted that Chin was not a supervisor but "a working stiff" with no financial interest in NECC.
Strachan, however, said that Chin gave all the orders in the clean room and "flouted" safety protocols.
"He was not just a low level employee," she said.
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