By Walter F. Roche Jr.
Calling the cases "inextricably related", the Michigan Attorney General is asking a Michigan judge to merge the cases of two former pharmacists charged with second degree murder in the deaths of 11 patients during the 2012 fungal meningitis outbreak.
In a 15-page motion and supporting brief, Attorney General Dana Nessel stated Barry Cadden and Glenn Chin are both charged with the same crimes and acted in concert to produce the contaminated steroids that caused the deaths of 11 patients.
Repeatedly citing the evidence and testimony during a preliminary hearing on the charges, Nessel wrote that Michigan law and precedent favored joint trials "in the interest of justiice, judicial economy and administration."
Cadden was part owner and president of the New England Compounding Center while Chin was a supervising pharmacist in the clean room where the fungus laden drugs were produced.
The filing notes that the fatal doses were shipped by NECC to the Michigan Pain Specialists Clinic where the 11 patients were injected.
Both Cadden and Chin were acquitted of second degree murder charges in federal court in Boston where a federal judge also ruled that their trials had to be separated. They were ultimately found guilty of federal racketeering, conspiracy and related charges.
Nessel's filing notes that the same witnesses were called against Cadden and Chin in the preliminary hearing and the same evidence was presented.
"Cadden and Chin are charged with the same offenses, comprised of the same course of conduct and transaction," the filing states, adding that "there is no danger of unfair prejudice or confusion of the issues."
Chin, the brief states, was Cadden's "second in command" and ran NECC's clean rooms.
The brief cites the testimony of former NECC employees at the preliminary hearing about the corners being cut and untested drug products being shipped to physicians and clinics.
Those practices included producing "blowouts" with drugs being stored for later use and batching untested drugs with tested drugs.
Citing the "significant overlapping of issues and evidence ," the filing calls on Circuit Court Judge Michael P. Hatty to exercise his discretion and merge the cases.
A hearing on the motion is set for next week.
Contact: wfrochejr999@gmail.com
They caused not only death in some, but horrible pain that many are now living with. I hope Michigan finally finds them guilty of the damage they certainly caused!!
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