By Walter F. Roche Jr.
The attorney for a former pharmacist charged with second degree murder says the contamination of drugs with deadly fungi was inadvertent and the prosecution failed to identify a specific act that caused the deaths.
In an 11-page filing with the Michigan Supreme Court the lawyer for Barry J. Cadden asked the state's high court to reverse the decision of lower courts that there was sufficient evidence to bring the 11 second degree murder charges before a jury.
Stating that the drugs which caused the deaths were "inadvertently contaminated", Gerald Gleeson, Cadden's lawyer, said that Cadden didn't compound the deadly drugs and rarely, if ever even went into the clean room where they were prepared.
The filing was in response to prosecution arguments that there is sufficient evidence to allow the case to go forward. Prosecutors have charged that Cadden not only knew of the unsafe practices but in some cases ordered them.
Cadden and co-defendant Glenn Chin were charged with the deaths of 11 patients who died after being injected with drugs from the New England Compounding Center. The now defunct company has been named as the cause of a 2012 fungal meningtis outbreak which ultimately took the lives of more than 100 patients.
Cadden was president and part owner of NECC while Chin was a supervising pharmacist overseeing a clean room.
As Gleeson noted, it was Chin who prepared the methylprednisolone acetate that caused the deadly outbreak.
Arguing that prosecutors from the state Attorney General's office failed to identify "a discernable causal act" by Cadden leading to the contaminaton, the brief states that instead they "daisy chained" a series of "reasonable inferences."
"The charges should be dismissed," the filing asserts adding that at worst the evidence might justify a charge of negligence.
"It was Glenn Chin who did all of these things," the brief coninues, adding that the lack of direct evidence against Cadden was "deeply problematic."
The brief also questions whether Cadden could be held responsible because of his position and ownership interest in NECC.
"The state has identified nothing even close" to meeting the needed evidence for second degree murder charges, the filing concludes.
Contact: wfrochejr999@gmail.com
Friday, July 30, 2021
Wednesday, July 28, 2021
Chin to Appeal New Sentence
By Walter F. Roche Jr.
One of the top defendants in the criminal case stemming from a deadly outbreak is appealing the longer 10.5 year sentence a federal judge imposed on him a week ago.
Chin's lawyer. James Sultan, filed the notice of appeal today in federal court in Boston, Mass.
U.S. District Judge Richard G. Stearns set the 10.5 year term, stating that a recent decision by the 1st Circuit of Appeals left him little choice but to extend Chin's original eight year sentence by 2.5 years.
Sultan had argued that a series of sentencing enhancements sought by the U.S. Attorney were not justified. Instead he argued that Stearns' original eight year sentence met the overall sentencing guidelnes.
Sultan also argued that for a longer sentence to be imposed the prosecution had to show Chin was specifically aware of the risk to patients.
Chin and Cadden already have appealed the guilty verdicts returned against them by two separate juries, but those appeals were denied.
Chin and Cadden were convicted of racketeering, conspiracy and mail fraud. They were both cleared of second degree murder racketeering charges.
However the two were subsequently charged with 11 counts of second degree murder in Michigan where they are now being held in the Livingston County Jail.
Contact: wfrochejr999@gmail.com
One of the top defendants in the criminal case stemming from a deadly outbreak is appealing the longer 10.5 year sentence a federal judge imposed on him a week ago.
Chin's lawyer. James Sultan, filed the notice of appeal today in federal court in Boston, Mass.
U.S. District Judge Richard G. Stearns set the 10.5 year term, stating that a recent decision by the 1st Circuit of Appeals left him little choice but to extend Chin's original eight year sentence by 2.5 years.
Sultan had argued that a series of sentencing enhancements sought by the U.S. Attorney were not justified. Instead he argued that Stearns' original eight year sentence met the overall sentencing guidelnes.
Sultan also argued that for a longer sentence to be imposed the prosecution had to show Chin was specifically aware of the risk to patients.
Chin and Cadden already have appealed the guilty verdicts returned against them by two separate juries, but those appeals were denied.
Chin and Cadden were convicted of racketeering, conspiracy and mail fraud. They were both cleared of second degree murder racketeering charges.
However the two were subsequently charged with 11 counts of second degree murder in Michigan where they are now being held in the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Tuesday, July 27, 2021
Judge Recommends Mass. Jail For Chin
By Walter F. Roche Jr.
A federal judge has for the second time recommended that a key defendant in the fungal meningitis outbreak criminal case serve a multi-year prison sentence at a prison in his home state of Massachusetts.
In documents filed today in U.S. District Court in Boston, Mass. U.S. District Judge Richard G. Stearns recommended that Glenn Chin serve his sentence at the federal prison in Devens, Mass.
Stearns had made the same recommendation when the former pharmacist was originally sentenced to an eight year prison term. Chin's lawyer at that time had asked the judge to make that recommendation.
The federal Bureau of Prisons vetoed the request because the Devens facility did not have substance abuse treatment services which were deemed necessary for Chin. Stearns new order also recommends that Chin get substance abuse treatment while in federal custody.
Chin's sentence was boosted to 10.5 years a week ago as a result of an appeals court decision.
The Devens prison, located on the site of a former military base, is about a half hour drive from Chin's Canton, Mass. home.
Just where Chin and co-defendant Barry Cadden will spend the next several years will hinge on the outcome of second degree murder charges pending against the two in Michigan. If convicted on 11 counts of second degree murder, the two would likely be in prison for life.
Under the re-sentencing orders on the federal charges Cadden, 54, would likely be released in 2030, while Chin, 53, could be out in 2027.
Other details in Stearns order show that while victims of the outbreak will get a little over $80 million in restitution, Elkhart General Hospital will get $565,074 and the South Bend Clinic will get $218,834. Both had filed claims.
Despite the order, Stearns acknowledged in the recent session that the full restitution amount is unlikely to ever be realized.
In separate trials Chin and Cadden, both linked to the defunct New England Compounding Center, were convicted of racketeering, conspiracy and mail fraud. They were indicted in 2014 following a probe of the 2012 fungal meningitis outbreak, caused By contaminated spinal steroids.
Before being brought to Michigan to face the murder charges, Chin and Cadden were serving their federal sentences at separate federal prisons in Pennsylvania.
Contact: wfrochejr999@gmail.com
A federal judge has for the second time recommended that a key defendant in the fungal meningitis outbreak criminal case serve a multi-year prison sentence at a prison in his home state of Massachusetts.
In documents filed today in U.S. District Court in Boston, Mass. U.S. District Judge Richard G. Stearns recommended that Glenn Chin serve his sentence at the federal prison in Devens, Mass.
Stearns had made the same recommendation when the former pharmacist was originally sentenced to an eight year prison term. Chin's lawyer at that time had asked the judge to make that recommendation.
The federal Bureau of Prisons vetoed the request because the Devens facility did not have substance abuse treatment services which were deemed necessary for Chin. Stearns new order also recommends that Chin get substance abuse treatment while in federal custody.
Chin's sentence was boosted to 10.5 years a week ago as a result of an appeals court decision.
The Devens prison, located on the site of a former military base, is about a half hour drive from Chin's Canton, Mass. home.
Just where Chin and co-defendant Barry Cadden will spend the next several years will hinge on the outcome of second degree murder charges pending against the two in Michigan. If convicted on 11 counts of second degree murder, the two would likely be in prison for life.
Under the re-sentencing orders on the federal charges Cadden, 54, would likely be released in 2030, while Chin, 53, could be out in 2027.
Other details in Stearns order show that while victims of the outbreak will get a little over $80 million in restitution, Elkhart General Hospital will get $565,074 and the South Bend Clinic will get $218,834. Both had filed claims.
Despite the order, Stearns acknowledged in the recent session that the full restitution amount is unlikely to ever be realized.
In separate trials Chin and Cadden, both linked to the defunct New England Compounding Center, were convicted of racketeering, conspiracy and mail fraud. They were indicted in 2014 following a probe of the 2012 fungal meningitis outbreak, caused By contaminated spinal steroids.
Before being brought to Michigan to face the murder charges, Chin and Cadden were serving their federal sentences at separate federal prisons in Pennsylvania.
Contact: wfrochejr999@gmail.com
Wednesday, July 21, 2021
Chin's Sentence Boosted, Restitution Ordered
By Walter F. Roche Jr.
A federal judge today ordered a former pharmacist to pay $82 million in restitution and boosted his jail sentence on racketeering and conspiracy charges to 10.5 years.
U.S. District Judge Richard G. Stearns imposed the sentence on Glenn A. Chin, a former supervising pharmacist at the Massachusetts drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
"I never meant to hurt anyone," Chin said.
In setting the sentence Stearns acknowledged that an appeals court had concluded that his original eight year sentence was too lenient.
Chin, who is currently being held in a Michigan jail on related second degree murder charges, testified by ZOOM, stating that he never would have let the drugs be dispensed had he known they were contaminated with deadly fungi.
Chin and co-defendant Barry Cadden were convicted on racketeering, conspiracy and mail fraud charges for their roles at the now defunct New England Compounding Center. At a prior re-sentencing session Cadden's sentence was boosted to 14.5 years. He is also subject to the restitution order.
Prosecutors have stated that they intend for most of that money, a little over $80 million, to go to outbreak victims or their survivors. Federal officials have stated that over 100 victims have died among over 700 who were sickened.
Stearns said he did not believe Chin should get the same sentence as Cadden, noting that Chin, unlike Cadden, had no ownership interest in NECC.
Chin said he had at first blamed Cadden for what happened but now had forgiven him. "I'm ashamed," he said, adding "I should have just quit."
Chin said he still can't figure out what caused the steroids to become contaminated with deadly fungi.
Stating that life in the Livingston County Jail was difficult, he said "It's dirty and smelly and sometimes dangerous" He said it broke his heart to hear the mother of a Tennessee victim describe what her daughter was still going through.
Chin said that all he could hope for was that the judge would be "merciful and fair."
Stearns said he had concluded Chin was expressing genuine remorse.
"I do believe you are a better man. I wish you well," Stearns said, adding that he hoped conditions in the Michigan jail would improve.
Contact: wfrochejr999@gmil.com
A federal judge today ordered a former pharmacist to pay $82 million in restitution and boosted his jail sentence on racketeering and conspiracy charges to 10.5 years.
U.S. District Judge Richard G. Stearns imposed the sentence on Glenn A. Chin, a former supervising pharmacist at the Massachusetts drug compounding firm blamed for a deadly 2012 fungal meningitis outbreak.
"I never meant to hurt anyone," Chin said.
In setting the sentence Stearns acknowledged that an appeals court had concluded that his original eight year sentence was too lenient.
Chin, who is currently being held in a Michigan jail on related second degree murder charges, testified by ZOOM, stating that he never would have let the drugs be dispensed had he known they were contaminated with deadly fungi.
Chin and co-defendant Barry Cadden were convicted on racketeering, conspiracy and mail fraud charges for their roles at the now defunct New England Compounding Center. At a prior re-sentencing session Cadden's sentence was boosted to 14.5 years. He is also subject to the restitution order.
Prosecutors have stated that they intend for most of that money, a little over $80 million, to go to outbreak victims or their survivors. Federal officials have stated that over 100 victims have died among over 700 who were sickened.
Stearns said he did not believe Chin should get the same sentence as Cadden, noting that Chin, unlike Cadden, had no ownership interest in NECC.
Chin said he had at first blamed Cadden for what happened but now had forgiven him. "I'm ashamed," he said, adding "I should have just quit."
Chin said he still can't figure out what caused the steroids to become contaminated with deadly fungi.
Stating that life in the Livingston County Jail was difficult, he said "It's dirty and smelly and sometimes dangerous" He said it broke his heart to hear the mother of a Tennessee victim describe what her daughter was still going through.
Chin said that all he could hope for was that the judge would be "merciful and fair."
Stearns said he had concluded Chin was expressing genuine remorse.
"I do believe you are a better man. I wish you well," Stearns said, adding that he hoped conditions in the Michigan jail would improve.
Contact: wfrochejr999@gmil.com
Chin's Sentence Boosted to 10.5 Years
By Walter F. Roche Jr.
Stearns had originally set an eight year sentence on Chin, but he acknowledged in today's hearing that an appeals court had ruled that penalty was too lenient.
Chin, who is in a Michigan jail pending trial on related second degree murder charges, said he never would have allowed the steroids to be dispensed had he known they were contaminated with deadly fungi.
"I still can't figure it out," Chin said about how the methylprednisolone became contaminated.
As for the $82 million restitution order, prosecutors have indicated some $80 million would go to outbreak victims, but Stearns said it was unlikely that amount would ever be collected. Federal investigators, who spent two years investigating the outbreak, concluded that the drugs were compounded in an NECC clean room where Chin was a supervisor and he, in fact, compounded the fatal drugs.
Over 100 patients ultimately died in the outbreak while over 700 were sickened. Chin said he was ashamed of himself over what happened and said he should have spoken up about the conditions at NECC. "I should have just quit," he said.
Chin's original re-sentencing session had to be delayed because the judge and others in Stearn's Boston, Mass. courtroom could not hear him.
Chin said that at first he blamed co-defendant Barry Cadden for what happened but now forgave him. Cadden was president and part owner of NECC. Chin and Cadden were convicted on racketeering, conspiracy and mail fraud charges, but two separate juries declined to convict them on racketeering second degree murder charges
Chin concluded by stating that all he could do was hope that the judge would be "merciful and fair." Stearns said he did not believe Chin should get the same sentence as Cadden, who got a 14.5 year sentence at a separate re-sentencing session.
Chin and Cadden have been charged with 11 counts of second degree murder in Michigan and are being held at the Livingston County Jail awaitng trial on those charges.
Chin said the conditions at that jail were bad and that he was subject to abuse because of his race.
"It's dirty and smelly. Life is difficult and sometimes dangerous," Chin said.
Contact: wfrochejr999@gmail.com
Stearns had originally set an eight year sentence on Chin, but he acknowledged in today's hearing that an appeals court had ruled that penalty was too lenient.
Chin, who is in a Michigan jail pending trial on related second degree murder charges, said he never would have allowed the steroids to be dispensed had he known they were contaminated with deadly fungi.
"I still can't figure it out," Chin said about how the methylprednisolone became contaminated.
As for the $82 million restitution order, prosecutors have indicated some $80 million would go to outbreak victims, but Stearns said it was unlikely that amount would ever be collected. Federal investigators, who spent two years investigating the outbreak, concluded that the drugs were compounded in an NECC clean room where Chin was a supervisor and he, in fact, compounded the fatal drugs.
Over 100 patients ultimately died in the outbreak while over 700 were sickened. Chin said he was ashamed of himself over what happened and said he should have spoken up about the conditions at NECC. "I should have just quit," he said.
Chin's original re-sentencing session had to be delayed because the judge and others in Stearn's Boston, Mass. courtroom could not hear him.
Chin said that at first he blamed co-defendant Barry Cadden for what happened but now forgave him. Cadden was president and part owner of NECC. Chin and Cadden were convicted on racketeering, conspiracy and mail fraud charges, but two separate juries declined to convict them on racketeering second degree murder charges
Chin concluded by stating that all he could do was hope that the judge would be "merciful and fair." Stearns said he did not believe Chin should get the same sentence as Cadden, who got a 14.5 year sentence at a separate re-sentencing session.
Chin and Cadden have been charged with 11 counts of second degree murder in Michigan and are being held at the Livingston County Jail awaitng trial on those charges.
Chin said the conditions at that jail were bad and that he was subject to abuse because of his race.
"It's dirty and smelly. Life is difficult and sometimes dangerous," Chin said.
Contact: wfrochejr999@gmail.com
Tuesday, July 20, 2021
Michigan AG: Chin's Actions Led to 11 Deaths
By Walter F. Roche Jr.
Michigan prosecutors say that but for actions taken by a former Massachusetts pharmacist 11 lives would not have been lost in the 2012 fungal meningitis outbreak.
In a 28-page filing in the Michigan Supreme Court, prosecutors from the state Attorney General's office said lower courts were correct when they ruled that there was sufficient evidence against Glenn A. Chin to bind him over for trial on second degree murder charges.
Urging that the appeal be denied, prosecutors cited the testimony of employees who worked under Chin's direction at the New England Compounding Center. They described an environment "out of control" at the Framingham, Mass. company as production was ramped up and safety measures were ignored or abandoned.
The appeal is the latest development in the aftermath of the outbreak which ultimately took the lives of more than 100 patients. Both Chin and Barry Cadden were charged with 11 counts of second degree murder by the Michigan Attorney General. Cadden, NECC's president and part owner has also filed a similar appeal.
Stating that Chin ordered employees to falsify cleaning logs, the filing notes that the drugs that caused the outbreak were produced in the clean room where Chin worked. The drugs, vials of methylprednisolone acetate contaminated with a deadly fungus, were shipped to a Brighton pain cinic on Aug. 7, 2012.
It was there that the 11 patients received the fatal injections.
It was Chin's "reckless disregard" for sterility while calling for more and more production that led to the deaths, the prosecution charged.
"Chin was the one doling out these orders," the filing states.
And when NECC technicians raised safety concerns Chin either shrugged his shoulders or said, "That's why we have lawyers," the prosecutors stated.
Citing positive tests for mold at NECC and products being shipped befre testing, the brief cites testimony that newly produced drugs would be mixed with older products, making actual identification of the lots impossible.
"The increased production led to corners being cut," the filing states.
While acknowledging that a single sample from the deadly lot did test as sterile, the filing states that having only a single vial tested did not meet accepted industry standards.
In addition the filing noted that other vials from the same lot later recovered by the U.S. Food and Drug Administration were contaminated with the same fungus that killed the 11 patients.
Chin's lawyers have argued that the charges should be dropped because investigators have never been able to identify the source of the deadly fungal contamination.
Chin is scheduled to appear by ZOOM tomorrow at a re-sentencing hearing following his conviction on related federal charges of racketeering, conspiracy and mail fraud. Federal prosecutors are asking U.S. District Judge Richard G. Stearns to increase Chin's sentence from eight years to 14.5 years, the same imposed on Cadden.
Today's hearing is scheduled for 10 a.m. Contact: wfrochejr999@gmail.com
Michigan prosecutors say that but for actions taken by a former Massachusetts pharmacist 11 lives would not have been lost in the 2012 fungal meningitis outbreak.
In a 28-page filing in the Michigan Supreme Court, prosecutors from the state Attorney General's office said lower courts were correct when they ruled that there was sufficient evidence against Glenn A. Chin to bind him over for trial on second degree murder charges.
Urging that the appeal be denied, prosecutors cited the testimony of employees who worked under Chin's direction at the New England Compounding Center. They described an environment "out of control" at the Framingham, Mass. company as production was ramped up and safety measures were ignored or abandoned.
The appeal is the latest development in the aftermath of the outbreak which ultimately took the lives of more than 100 patients. Both Chin and Barry Cadden were charged with 11 counts of second degree murder by the Michigan Attorney General. Cadden, NECC's president and part owner has also filed a similar appeal.
Stating that Chin ordered employees to falsify cleaning logs, the filing notes that the drugs that caused the outbreak were produced in the clean room where Chin worked. The drugs, vials of methylprednisolone acetate contaminated with a deadly fungus, were shipped to a Brighton pain cinic on Aug. 7, 2012.
It was there that the 11 patients received the fatal injections.
It was Chin's "reckless disregard" for sterility while calling for more and more production that led to the deaths, the prosecution charged.
"Chin was the one doling out these orders," the filing states.
And when NECC technicians raised safety concerns Chin either shrugged his shoulders or said, "That's why we have lawyers," the prosecutors stated.
Citing positive tests for mold at NECC and products being shipped befre testing, the brief cites testimony that newly produced drugs would be mixed with older products, making actual identification of the lots impossible.
"The increased production led to corners being cut," the filing states.
While acknowledging that a single sample from the deadly lot did test as sterile, the filing states that having only a single vial tested did not meet accepted industry standards.
In addition the filing noted that other vials from the same lot later recovered by the U.S. Food and Drug Administration were contaminated with the same fungus that killed the 11 patients.
Chin's lawyers have argued that the charges should be dropped because investigators have never been able to identify the source of the deadly fungal contamination.
Chin is scheduled to appear by ZOOM tomorrow at a re-sentencing hearing following his conviction on related federal charges of racketeering, conspiracy and mail fraud. Federal prosecutors are asking U.S. District Judge Richard G. Stearns to increase Chin's sentence from eight years to 14.5 years, the same imposed on Cadden.
Today's hearing is scheduled for 10 a.m. Contact: wfrochejr999@gmail.com
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