By Walter F. Roche Jr.
Citing the reluctant ruling by a federal judge on the same issue, the attorney for a former pharmacist charged with 13 counts of second degree murder, is strongly opposing a motion by prosecutors to merge the case with a co-defendant facing the same charges.
In a filing in Livingston County Circuit Court, James Buttrey, the attorney for Glenn Chin, wrote that the two cases must be tried separately because the conduct of the two defendants was not comparable.
The filing comes at the head of a busy week in the case triggered by a 2012 nationwide fungal meningitis outbreak that ultimately killed more than 100 patients.
Judge Michael Hatty will hear arguments on Thursday on the state Attorney General's motion to merge the two cases. A day later Hatty is set to hold a scheduling conference on the two murder cases.
In his motion Buttrey stated that the only common element in the two cases was the fact that they were both employed at the now defunct New England Compounding Center, the company blamed for the deadly outbreak.
While co-defendant Barry Cadden was president and part owner of NECC, Chin was a salaried employee supervising clean rooms where sterile drugs were prepared.
Buttrey cited the ruling by U.S. District Court Judge Richard G. Stearns who ruled with reluctance that the two cases had to be separated.
Chin and Cadden were acquitted in federal court on similar second degree murder charges. They were convicted, however, on racketeering and mail fraud charges.
In his motion Buttrey said it was inevitable that Cadden would put the blame on Chin, while Chin would blame Cadden.
Though some of the fillings in Cadden's case were filed under seal, his lawyers are also opposing the motion to try the two cases at once.
Stearns concluded that it was "one of those rare cases in which antagonistic defenses, coupled with an imbalance of evidence require the severance of trials."
"The acts of Mr. Cadden and Mr. Chin are not the same conduct, nor can they be," today's filing states, noting that evidence against Cadden would be inadmissable against Chin.
"Much of the evidence in this case, which is complex and voluminous, is admissable against only one defendant," the filing continues.
The state Attorney General's office, which is prosecuting the case, filed the motion to merge the two cases, citing "judicial economy" and arguing that much of the evidence and witnesses in the two cases are the same.
Buttrey also noted that the case against his client could be ready for trial in eight to 12 weeks, while Cadden's appears to be a year away.
Contact: wfrochejr999@gmail.com
Monday, September 19, 2022
Thursday, September 15, 2022
US Nitrogen Has Boiler Leak
By Walter F. Roche Jr.
US Nitrogen LLC has informed Tennessee environmental officials that because of an apparent boiler leak, the company plans to temporarily use two rented boilers at its Midway manufacturing facility.
In a letter Wednesday to TDEC's Michelle Owenby, US Nitrogen's plant manager Dylan Charles wrote that the leak was only recently discovered and arrangements were just made to rent the boilers.
Stating that depending on the location of the leak the damage could be costly and extensive, Charles said the leak was believed to be in tubing within the boiler.
The US Nitrogen official acknowledged that the state was not given the usual notice for such a request.
Disclosure of the leak comes just days after the ammonium nitrate manufacturer disclosed that water usage at the plant jumped by some 27 per cent in August.
That data was in a monthly report US Nitrogen filed with the state showing the amount of water it pumped from the Nolichuckly River for use in its Greene County plant.
US Nitrogen also submitted extensive data on the temporary boilers to show that they would not increase emissions.
The emissions, Charles concluded, would be insignificant.
He told Owenby the company assumed the pumps would be in operation for just two weeks.
Contact: wfrochejr999@hotmail.com
US Nitrogen LLC has informed Tennessee environmental officials that because of an apparent boiler leak, the company plans to temporarily use two rented boilers at its Midway manufacturing facility.
In a letter Wednesday to TDEC's Michelle Owenby, US Nitrogen's plant manager Dylan Charles wrote that the leak was only recently discovered and arrangements were just made to rent the boilers.
Stating that depending on the location of the leak the damage could be costly and extensive, Charles said the leak was believed to be in tubing within the boiler.
The US Nitrogen official acknowledged that the state was not given the usual notice for such a request.
Disclosure of the leak comes just days after the ammonium nitrate manufacturer disclosed that water usage at the plant jumped by some 27 per cent in August.
That data was in a monthly report US Nitrogen filed with the state showing the amount of water it pumped from the Nolichuckly River for use in its Greene County plant.
US Nitrogen also submitted extensive data on the temporary boilers to show that they would not increase emissions.
The emissions, Charles concluded, would be insignificant.
He told Owenby the company assumed the pumps would be in operation for just two weeks.
Contact: wfrochejr999@hotmail.com
Wednesday, September 14, 2022
Michigan AG Moves to Merge Murder Charges
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
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
Tuesday, September 13, 2022
Fungal Meningitis Study
https://healthcare.utah.edu/publicaffairs/news/2022/09/fungal-meningitis.php
Saturday, September 10, 2022
US Nitrogen's River Water Use Jumps 27%
By Walter F. Roche Jr.
The use of free river water by a Greene County firm jumped by 27 per cent in August to 26.35 million gallons, US Nitrogen LLC disclosed in a report filed this week.
The monthly filing shows the company pumped more than a million gallons from the Nolichucky on 13 days during the month with the highest single day total of 1.5 million gallons coming on Aug. 26.
In the same report sent to the Tennessee Department of Environment and Conservation the Midway chemical manufacturer reported it discharged 11.6 million gallons back into the river.
The August figures show a big jump from the July report which showed the company pumped 20.13 million gallons from the river. The water is pumped from the Nolichucky at mile marker 20.8 and is then pumped by pipeline about 13 miles to the Midway manufacturing facility. The use of the river and the pipeline were authorized by state officials. US Nitrogen's permits require the filing of the monthly reports. According to the new report the company discharged more than 500,000 gallons back into the river on 15 days. A minimal amount was discharged on five days including Aug.27 and Aug. 28. Contact: wfrochejr999@gmail.com
The use of free river water by a Greene County firm jumped by 27 per cent in August to 26.35 million gallons, US Nitrogen LLC disclosed in a report filed this week.
The monthly filing shows the company pumped more than a million gallons from the Nolichucky on 13 days during the month with the highest single day total of 1.5 million gallons coming on Aug. 26.
In the same report sent to the Tennessee Department of Environment and Conservation the Midway chemical manufacturer reported it discharged 11.6 million gallons back into the river.
The August figures show a big jump from the July report which showed the company pumped 20.13 million gallons from the river. The water is pumped from the Nolichucky at mile marker 20.8 and is then pumped by pipeline about 13 miles to the Midway manufacturing facility. The use of the river and the pipeline were authorized by state officials. US Nitrogen's permits require the filing of the monthly reports. According to the new report the company discharged more than 500,000 gallons back into the river on 15 days. A minimal amount was discharged on five days including Aug.27 and Aug. 28. Contact: wfrochejr999@gmail.com
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.
Contact: wfrochejr999@gmain.com
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.
Contact: wfrochejr999@gmain.com
Wednesday, September 7, 2022
Cadden Appeals Verdict and Sentence
By Walter F. Roche Jr.
A three judge panel heard arguments resently challenging the guilty verdict and the 14.5 year prison sentence imposed on the former president of a defunct drug compounding company that has been blamed for a 2012 fungal meningitis outbreak that killed over 100 patients.
Appearing before the First Circuit Court of Appeals Bruce Singal, the attorney for Barry J. Cadden, also disputed the $82 million financial penalty imposed on his client, who was president and part owner of the New England Compounding Center.
Singal said U.S. District Court Judge Richard G. Stearns erred in letting the jury hear evidence on second degree murder charges and that prejudicial evidence influenced the jury even though they acquitted him on those 25 second degree murder counts.
"The murder charges shouldn't have gone to the jury," Singal said, recounting government evidence of the painful deaths suffered by the victims and their survivors.
One of the judges noted that a majority of jurors did find Cadden guilty on some of the murder counts, but a unanimous decision was needed for conviction.
Singal also charged that evidence about NECC's standard operating procedures should have been excluded, because the charges related only to the standards set by the U.S. Pharmacopeia, a private standard setting agency.
He said the government should have been required to show evidence that each of the hospitals and clinics knew NECC had promised in its brochures that its drugs would meet the requirements of the U.S Pharmacopeia for the preparation of sterile drugs being injected into patients.
Cadden was one of 14 people connected to NECC who were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak. Caddden was convicted of racketeering, conspiracy and mail fraud. His sentence was upped to 14.5 years after an appeals panel concluded that Stearns had been too lenient in setting the sentence.
Assistant U.S. Attorney Christopher Looney disputed Singal's claims and said there was sufficient evidence for the murder charges to be presented to the jury and Cadden knew that if the drugs (methyl prednisolone acetate) were contaminated the results would be dire.
He also noted that while Cadden's lawyers conceded that the NECC steroid caused the deaths, the prosecution did not have to accept that concession and had the right to present evidence of the painful deaths caused by NECC's tainted products.
Cadden is also facing 11 second degree murder charges in Michigan, but that case has not yet gone to trial. Contact: wfrochejr999@gmail.com
A three judge panel heard arguments resently challenging the guilty verdict and the 14.5 year prison sentence imposed on the former president of a defunct drug compounding company that has been blamed for a 2012 fungal meningitis outbreak that killed over 100 patients.
Appearing before the First Circuit Court of Appeals Bruce Singal, the attorney for Barry J. Cadden, also disputed the $82 million financial penalty imposed on his client, who was president and part owner of the New England Compounding Center.
Singal said U.S. District Court Judge Richard G. Stearns erred in letting the jury hear evidence on second degree murder charges and that prejudicial evidence influenced the jury even though they acquitted him on those 25 second degree murder counts.
"The murder charges shouldn't have gone to the jury," Singal said, recounting government evidence of the painful deaths suffered by the victims and their survivors.
One of the judges noted that a majority of jurors did find Cadden guilty on some of the murder counts, but a unanimous decision was needed for conviction.
Singal also charged that evidence about NECC's standard operating procedures should have been excluded, because the charges related only to the standards set by the U.S. Pharmacopeia, a private standard setting agency.
He said the government should have been required to show evidence that each of the hospitals and clinics knew NECC had promised in its brochures that its drugs would meet the requirements of the U.S Pharmacopeia for the preparation of sterile drugs being injected into patients.
Cadden was one of 14 people connected to NECC who were indicted in late 2014 following a two year federal probe of the 2012 fungal meningitis outbreak. Caddden was convicted of racketeering, conspiracy and mail fraud. His sentence was upped to 14.5 years after an appeals panel concluded that Stearns had been too lenient in setting the sentence.
Assistant U.S. Attorney Christopher Looney disputed Singal's claims and said there was sufficient evidence for the murder charges to be presented to the jury and Cadden knew that if the drugs (methyl prednisolone acetate) were contaminated the results would be dire.
He also noted that while Cadden's lawyers conceded that the NECC steroid caused the deaths, the prosecution did not have to accept that concession and had the right to present evidence of the painful deaths caused by NECC's tainted products.
Cadden is also facing 11 second degree murder charges in Michigan, but that case has not yet gone to trial. Contact: wfrochejr999@gmail.com
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