By Walter F. Roche Jr.
Prosecutors and the lawyer for a key witness in the criminal probe of the deadly fungal meningitis outbreeak are once again seeking an indefinite delay in his sentencing.
In a three-page filing today in U.S. District Court in Boston, Mass. the opposing lawyers are asking U.S. District Court Judge Richard G. Stearns to postpone indefinitely the sentencing of Robert A. Ronzio.
Ronzio was the chief prosecution witness in a series of criminal trials stemming from the 2012 fungal meningitis outbreak.
Ronzio had been scheduled to be sentenced on Aug. 18, but the joint motion asks that the session be postponed until the 1st Circuit Court of Appeals acts on a closely related case involving two co-defendants, Gregory Conigliaro and Sharon Carter.
All three were employed by the New England Compounding Center, the company that shipped contaminated methylprednisolone acetate all over the country, eventually ending the lives of more than 100 patients.
It was Stearn, who on June 11, 2019 acquitted Conigliaro and Carter of the charge that they conspired to defraud the U.S. Food and Drug Administration. Ronzio, who was NECC's sales director, already had pleaded guilty to the same charge in a plea deal with prosecutors.
The pending appeal seeks to have the acquittal reversed and the jury's guilty verdict against the two restored.
Stearns previously rejected a nearly identical motion for an indefinite postponement when he set the Aug. 18 date. There have now been over a half dozen delays in Ronzio's sentencing.
Contact: wfrochejr999@gmail.com
Wednesday, June 30, 2021
Monday, June 28, 2021
Chin Appeal Filed on Murder Charges
By Walter F. Roche Jr.
Conceding that his clean room was not all that clean, lawyers for a former pharmacist charged with second degree murder say prosecutors have failed to satisfy a key element of state law, a specific act of the defendant that caused 11 deaths.
In a 19-page filing with the Michigan Supreme Court, lawyers for Glenn Chin said they wouldn't even dispute the prosecution's claim that their client demonstrated "a wonton and willful disregard of sanitary standards."
Chin and co-defendant Barry Cadden have been charged with the 11 counts of second degree murder as a result of their roles in the 2012 fungal meningitis outbreak. Both are now asking the state's highest court to effectively dismiss the case due to a lack of evidence.
Stating that the prosecution hasn't even tried to identify a specific act by Chin that caused the drugs to become contaminated with deadly fungus, Chin's appeal notes repeatedly that even the prosecution's own evidence show the drug, methylprednisolone acetate, was sterile when it left his control.
Describing the process by which the drugs were produced and placed in vials for shipment, the appeal states, "Something really bad happened somewhere in this chain."
Kevin Gentry, Chin's lead apellate attorney, wrote that prosecutors were attempting to cover up their lack of causal evidence "with a sense of generic responsibility."
The filing describes the history of the case, including the recent Appeals Court decision denying Chin's claim that the case should never be placed before a jury.
Charging that prosecutors in the state Attorney General's office made "a gigantic assumption," the appeal states there was "no evidence at all that defendant Chin caused the contamination or deaths."
The appeal includes a call for "immediate action, noting that Chin already has been confined in the Livingston County Jail for an extended period of time.
Chin and Cadden were previously convicted in U.S. District Court in Boston, Mass. on charges of racketeering, conspiracy and mail fraud. Cadden has been serving a nine-year federal sentence, while Chin was given an eight year sentence.
Regardless of the outcome of the Michigan case, the two could have their federal sentences increased to 17.5 years under a motion set to be heard next month in Boston before U.S. District Court Judge Richard G. Stearns.
Two separate federal juries declined to convict the two of second degree murder as part of a racketeering charge.
Contact: wfrochejr999@gmail.com
Conceding that his clean room was not all that clean, lawyers for a former pharmacist charged with second degree murder say prosecutors have failed to satisfy a key element of state law, a specific act of the defendant that caused 11 deaths.
In a 19-page filing with the Michigan Supreme Court, lawyers for Glenn Chin said they wouldn't even dispute the prosecution's claim that their client demonstrated "a wonton and willful disregard of sanitary standards."
Chin and co-defendant Barry Cadden have been charged with the 11 counts of second degree murder as a result of their roles in the 2012 fungal meningitis outbreak. Both are now asking the state's highest court to effectively dismiss the case due to a lack of evidence.
Stating that the prosecution hasn't even tried to identify a specific act by Chin that caused the drugs to become contaminated with deadly fungus, Chin's appeal notes repeatedly that even the prosecution's own evidence show the drug, methylprednisolone acetate, was sterile when it left his control.
Describing the process by which the drugs were produced and placed in vials for shipment, the appeal states, "Something really bad happened somewhere in this chain."
Kevin Gentry, Chin's lead apellate attorney, wrote that prosecutors were attempting to cover up their lack of causal evidence "with a sense of generic responsibility."
The filing describes the history of the case, including the recent Appeals Court decision denying Chin's claim that the case should never be placed before a jury.
Charging that prosecutors in the state Attorney General's office made "a gigantic assumption," the appeal states there was "no evidence at all that defendant Chin caused the contamination or deaths."
The appeal includes a call for "immediate action, noting that Chin already has been confined in the Livingston County Jail for an extended period of time.
Chin and Cadden were previously convicted in U.S. District Court in Boston, Mass. on charges of racketeering, conspiracy and mail fraud. Cadden has been serving a nine-year federal sentence, while Chin was given an eight year sentence.
Regardless of the outcome of the Michigan case, the two could have their federal sentences increased to 17.5 years under a motion set to be heard next month in Boston before U.S. District Court Judge Richard G. Stearns.
Two separate federal juries declined to convict the two of second degree murder as part of a racketeering charge.
Contact: wfrochejr999@gmail.com
Sunday, June 27, 2021
NECC Defendants Get Divorced
By Walter F. Roche Jr.
A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
Contact: wfrochejr999@gmail.com
A Massachusetts judge has granted a divorce to Kathy Chin from Glenn Chin. Both were defendants in the criminal case stemming from the 2012 fungal meningitis outbreak.
Norfolk County Judge Patricia Gorman issued a "divorce nisi" on May 18, in the divorce action filed by Kathy Chin on Oct. 1, 2019, court records show.
The divorce action comes as Kathy Chin and a co-defendant, Michelle Thomas, are appealing their convictions.
Glenn Chin is serving an eight year federal prison sentence on racketeering and conspiracy charges and is also awaiting trial in Michigan on 11 counts of second degree murder.
Kathy Chin was given a sentence of two years probation following her conviction for multiple violations of the Food Drug and Cosmetic Act.
Glenn Chin also faces the possibility of his federal sentence being more than doubled pending the results of a July 7 hearing in U.S. District Court in Boston, Mass.
Under Massachusetts' no-fault divorce law there is an automatic 90 day waiting period before the divorce can be finalized.
Glenn Chin did not contest the divorce.
Kathy Chin is appealing her criminal conviction and a hearing on that was held last month before a three judge panel of the First Circuit of Appeals.
The Chins were among 14 people connected to the now defunct New England Compounding who were indicted in late 2014 following a two year probe of the 2012 fungal meningitis outbreak.
In the pending appeal before the 1st Circuit Court of Appeals, Kathy Chin's lawyer has argued that she was merely performing a clerical task when she checked outgoing orders at NECC.
In a 12-page filing last week, Joan Griffin, Kathy Chin's attorney, argued that a prescription was not required because the drugs were being shipped to physicians and clinics and they would actually dispense the drugs.
Federal prosecutors countered that both Chin and Thomas knew the orders bore fake patient names.
The drugs were dispensed under the Food Drug and Cosmetic Act, the filing states, adding that the drugs were shipped with Chin and Thomas' approval.
"The government proved that the drugs were illegally dispensed," the prosecution brief states.
Contact: wfrochejr999@gmail.com
Friday, June 25, 2021
Government Defends $82 Million Restitution Request
By Walter F. Roche Jr.
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Federal prosecutors are defending a request to impose an $82 million restitution order against the man who headed the company which caused a deadly 2012 fungal meningitis outbreak.
In a nine-page proposed filing, Assistant U.S. Attorney Amanda Strachan said all 379 patients who were injected with contaminated drugs from Barry Cadden's compounding company meet the legal defintion of victims.
"The contamination was harmful and deadly. Cadden's criminal conduct directly caused the harm to patients," the filing states.
The brief was filed in response to filings in Cadden's behalf claiming that the restitution order was not mandatory under federal law and, in fact, the amount sought was excessive.
Cadden also had argued that because of the large number of victims, any restitution couldn't be accurately computed.
"The fact that Cadden harmed so many people should not allow him to escape paying mandatory restitution," the prosecution argued.
Cadden also had argued that any resitution order should take into account the amount of money patients gained in civil litigation. In fact, Cadden argued, some patients would get an "improper double recovery."
In their reply prosecutors stated that under federal law civil settlements "don't offset restitution." They also stated the same arguments apply to co-defendant Glenn Chin.
The flurry of filings comes as a key hearing is set for July 7 in which prosecutors will be urging U.S. District Judge Richard G. Stearns not only to impose the $82 million restitution order but also to increase his prison sentence from nine to 15.5 years.
Prosecutors are also asking that Chin's sentence be increased from eight to nine years.
Chin and Cadden, who are currently awaiting trial on second degree murder charges in Michigan, will participate in the July session by ZOOM from the Livingston County Jail.
Contact: wfrochejr999@gmail.com
Thursday, June 24, 2021
Chin, Cadden Summoned for Hearing
By Walter F. Roche Jr.
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
A federal judge in Boston, Mass. has issued writs ordering two former pharmacists to appear for a July 7 re-sentencing hearing.
The writs of habeas corpus for Barry Cadden and Glen Chin were issued by U.S. District Judge Richard G. Stearns who must decide whether to nearly double their current prison sentences and substantially boost financial penalties.
Chin and Cadden were convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. Cadden was sentenced to a nine year sentence, while Chin was given an eight year sentence.
Federal prosecutors want both of them sentenced to 17.5 years.
The two defendants are currently being held at the Livingston County Jail in Michigan where they have been charged with 11 counts of second degree murder. The writs indicate the two will appear on Zoom for the July 7 session at 10 a.m.
In addition to the increased jail time, prosecutors are seeking to impose an $82 million restitution order on the two.
The charges against Cadden and Chin stem from an two year investigation of the 2012 fungal meningitis outbreak.
Contact: wfrochejr999@gmail.com
Tuesday, June 22, 2021
Chaplain Praises Chin Before Sentencing
By Walter F. Roche Jr.
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
The chaplain at a Michigan jail has written to a federal judge citing the good behavior of a former pharmacist who is facing a hearing in which is eight year federal prison sentence could be more than doubled.
In a letter to U.S. District Judge Richard G. Stearns, Allan Reimer wrote that Glenn Chin has worked through some family issues and maintained his Catholic faith.
"It did take Glenn a little time to get settled in here at the jail," he wrote.
Reimer is the chaplain at the Livingston County Jail, where Chin has been held for more than 500 days awaiting trial on 11 second degree murder charges.
He wrote that Chin has been an active participant in a Bible studies course at the jail "always scoring 97 percent or above on all his tests."
Federal prosecutors, citing a ruing from the First Circuit Court of Appeals, are asking Stearns to increase Chin's jail sentence to 17.5 years. A hearing on the issue is scheduled for July 7 in Stearns Boston, Mass. courtroom.
Reimer added that Chin "interacts well" with his cellmates and has faced no disciplinary actions. He wrote that he also has remained in touch with his children "and encourages them on a regular basis."
Contact: wfrochejr999@gmail.com
Monday, June 21, 2021
Judge Rules In Indiana Clinic Cases
By Walter F. Roche Jr.
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
An Indiana judge has issued a ruling in a series of civil cases stemming from the 2012 fungal meningitis outbreak, but for dozens of victims the long wait for a resolution simply winds on.
In a seven-page ruling issued last week, an Elkhart County Superior Court Judge ruled that she has the power to determine whether to grant a motion filed in behalf of the victims seeking partial summary judgment against the Elkhart clinic where many of the victims were injected with highly contaminated drugs.
Judge Kristine A. Osterday concluded that the alternative would lead to disparate and conflicting decisions in individual victims cases by a series of medical review panels. "The court concludes that the legislature's intent was that the trial court would decide these issues," the ruling states.
Jack Pavlekovich, one of the Indiana victims, said that despite the long delays, he has been encouraged by recent reports from his attorney. He said he is now hopeful for a positive result.
Her order gives the attorneys for the plaintiff victims and the clinic 45 days to file briefs in support of their opposing positions.
The new ruling reverses a July 23, 2019 decision by Osterday in which she concluded she did not have the power to resolve the issues.
As the ruling notes some of those medical review panels have gone in differing directions on how to handle the individual victims' claims.
Osterday's ruling comes in suits brought in behalf of patients who were injected with fungi-laced steroids at the Orthopedicic and Sports Medicine Center in Elkhart. Similar issues have arisen in a parallel case involving patients at a South Bend clinic is facing the same issues.
At issue is whether the panels should be advised of state and federal laws governing the compounding of drugs and properly prescribing them with a patient specific prescription.
The clinic opposes disclosure of the relevant state and federal statutes while the lawyers for the victims contend the panel chairman are required to inform the panel members of the statutory provisions.
Osterday noted in her ruling that a key issue in the pending cases will be whether or not actions by the clinic in any violation of state and federal law actually caused the illnesses and deaths.
Contact: wfrochejr999@gmail.com
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