Walter F. Roche Jr.
The Michigan Attorney General is asking his state's highest court to deny an appeal filed by a former Massachusetts pharmacist charged with 11 counts of second degree murder.
In a 29-page motion filed this week in the Michigan Supreme Court, Attorney General Dana Nessel said the case against Glenn Chin should now go before a jury.
Her brief is in response to a claim by Chin's lawyers that prosecutors failed to identify any act by Chin that caused the deaths. Without such an act, Chin's lawyers say that the case should not have been bound over for trial.
The prosecution counters by identifying a series of actions by Chin, including ordering employees to falsify records about santitary checks that were supposed to have been performed.
Chin and co-defendant Barry Cadden, were indicted in Michigan for their role in the 2012 fungal meningitis outbreak that sickened more than 700 patients, eventually killing more than 100 of them.
Cadden was president of the New England Compounding Center, the company that produced the fungus riddled drugs. Chin was the supervisor in the clean room where the tainted methylprednisolone acetate was produced.
In the brief filed by the attorney general she cited Chin's pervasive mismanagment of the clean room and concluded that Chin set in motion "a force likely to cause death or great bodily harm."
His actions did, in fact, cause the 11 deaths," the brief states.
Frequently citing the testimony of former NECC employees, the brief states that "Chin ordered technicians to forego cleaning."
The brief details how one contaminated NECC shipment went to the Michigan Pain Center, where the 11 patients were fatally injected.
"There is ample reason to believe that but for Chin's actions these deaths could have been avoided," the filing states.
Contact: wfrochejr999@gmail.com
No comments:
Post a Comment