Cadden Seeks Sentence Reduction

By Walter F. Roche Jr.

A lawyer for Barry J. Cadden says his sentence was unfairly increased especially when compared to the increase given to co-defendant Glenn Chin.
Michele Peirce appearing before the 1st Circuit Court of Appeals this week said that while Chin's sentence was only increased by 2.5 years to 10.5 years Cadden's was increased by 5.5 years to 14.5 years. Both sentences were increased after the 1st Circuit determined that the original sentences imposed by U.S. District Court Judge Richard G. Stearns were too lenient.
Peirce said Stearns offered no explanation for the wide variation.
Assistant U.S. Attorney Christopher Looney argued that the differences in the sentences were justified by a number of factors including the fact that Chin, unlike Cadden, testified at the sentencing session and took responsibility for the crimes on which he was convicted. He also charged that comments by Stearns cited by Cadden's lawyer were taken out of context.
Chin and Cadden were both connected to the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak. Cadden was president and part owner of NECC. Chin was a supervising pharmacist at NECC, but had no ownership interest in the now defunct company.
The two were convicted of racketeering, conspiracy and mail fraud.
The hearing marks the second time Cadden's lawyers have sought a reduction in the punishment imposed by the courts.
In an earlier plea (See previous story) Cadden's lawyers said the verdict came after Stearns allowed prosecutors to present prejudicial evidence including testimony by victims and the survivors of victims who died in the deadly outbreak.
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