Holiday Travel OK'd for NECC Defendant

By Walter F. Roche Jr.

Another defendant in the criminal case stemming from the deadly fungal meningitis outbreak has been given permission to travel outside the state of Massachusetts.
Scott M. Connolly, who is awaiting trial on racketeering and mail fraud charges has been granted permission to travel to the state of New York for a July 4 family event.
The permission to travel from July 2-4 was approved this week by U.S. District Judge Richard Stearns.
Connolly is one of 14 former owners and employees of the New England Compounding Center who were indicted in late 2014 following a more than two year federal probe.
Connolly, like the other defendants, has entered a not guilty plea. He is scheduled to go to trial in September.
NECC has been blamed for the 2012 fungal meningitis outbreak that sickened 778 patients, killing 77 of them.
Stearns also recently granted permission to two other NECC defendants, Carla and Douglas Conigliaro, to travel to Connecticut with their son for a sports camp at Yale University.
Connolly's motion to travel was not opposed by federal officials.
Connolly, Massachusetts records show, had surrendered his pharmacist technician license in 2008 after admitting that he had violated laws and regulations by shipping drugs to another state. He later tried to have his license restored, but the state Board of Pharmacy never granted his request.
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Trustee Describes NECC Payments

By Walter F. Roche Jr.

The trustee for the fund that will pay awards to the victims of the 2012 fungal meningitis outbreak says most of the money spent thus far has gone to a firm hired to handle and process claims.
Lynne F. Riley said today that most of the $253,045.37 went to Epiq, the company handling claims filed by victims of the outbreak.
She said that a $10,400 payment was a quarterly payment to the U.S. Trustee overseeing the bankruptcy.
Riley said she is currently preparing an annual report which will include a detailed accounting of receipts and expenditures.
The fund Riley is overseeing was created under the bankruptcy of the New England Compounding Center, the company blamed for the outbreak.
According to court testimony initial payments to victims are expected in August.
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NECC Trustee Files Report on Payments

By Walter F. Roche Jr.

The trustee overseeing the payment of awards to victims of the 2012 fungal meningitis outbreak has filed a brief report stating that $253,045.37 was paid from a trust during the month of May.
The report comes as victims of the outbreak are anxiously awaiting word of when they might receive long promised checks from a $200 million trust fund created under the bankruptcy of the New England Compounding Center.
Lynne F. Riley, who was appointed to oversee the trust, also reported that a quarterly administrative fee of $10,400 had been paid.
Although the report states that all disbursements must be fully accounted for, the report provides no details on who got the $253,045.27. It was filed in U.S. Bankruptcy Court in Boston, Mass. late last week.
Riley did not respond to an email request for details on the disbursements.
The report does say that the trust is expected to be closed by December of 2017.
At a recent hearing in U.S. District Court in Boston, Mass. an attorney for victims, Thomas Sobol, told U.S. District Judge Rya Zobel that the first checks to victims were expected to be mailed out in August.
The outbreak, caused by fungus tainted drugs from NECC, became public in the fall of 2012. It sickened 778 patients and killed 77 of them, with the latest death coming in March.
Riley's report indicates that all the money generated from the NECC bankruptcy has yet to be transferred to the trust fund.
Among anticipated events the report lists ,"transfer of remaining funds to tort trust."
And though the form states that it is a monthly report, no prior reports have been filed in the case.
Victims have received notices from Riley's office telling them how much of an award they can expect based on the severity of the illnesses they suffered.
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Victims Angered By Cadden's Release from Home Detention

By Walter F. Roche Jr.

Victims of the 2012 fungal meningitis outbreak took special pains to let a court official know how much they opposed the possible release from home detention of a man charged with 25 counts of second degree murder in connection with the outbreak.
So their anger was no surprise when they learned Saturday that a federal magistrate in Boston, Mass. had, late on a Friday, granted Barry Cadden's motion to be allowed to leave his Wrentham, Mass. home for 12 hours per day.
"My 85 year old mother is prisoner in a hospital bed.  Now the man that put her there can enjoy his 'good life' again, " Kathy Pugh wrote in an email.  "There is no reason for him to be out."
Pugh's mother was one of the Michigan victims of the 2012 fungal menngitis outbreak blamed on the New England Compounding Center, owned by Cadden and his in-laws.
Other victims, citing the order from Magistrate Judge Jennifer C. Boal, said the court appeared to only be concerned with the rights of the defendant and not the victims.
Boal concluded that Cadden had strong family and community ties and thus did not pose a threat of flight before his upcoming Jan. 5, 2017 trial.
She noted that a previous order had rejected a move by federal prosecutors to have him jailed until his trial.
"The conditions of release can not be excessive in relation to their purpose," Boal wrote in the four-page order.
She noted that Cadden's $500,000 bail and electronic monitoring would remain in place.
"This for me was the last straw," wrote Jona Angst, another victim commenting on Boal's decision.
"Just victimizing the victim again."
 "We are losing everything and I physically and mentally can't take anymore," she added.
Another victim noted that because of their continuing ill health many of the victims are, like Pugh's mother, still prisoners in their homes or hospitals.
Cadden was one of 14 owners or former employees of NECC indicted by a federal grand jury in late 2014 following a two year investigation of the deadly outbreak. He had remained under detention in his home sine shortly after the indictment.
Cadden and all the other defendants have entered not guilty pleas to all the charges which include mail and wire fraud in addition to the second degree murder charges against Cadden and one other defendant.
Federal officials say the now defunct NECC shipped thousands of fungus tainted vials of methylprednisolone acetate into the spines and joints of unsuspecting patients across the country. The outbreak sickened 778 patients killing 77 of them, according to the latest count.
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Cadden Freed from Home Detention

By Walter F. Roche Jr.

Over the strong objections of victims of a deadly fungal meningitis outbreak, a federal magistrate has released from home detention a Massachusetts man charged with 25 counts of second degree murder.
In a four page order dated Friday, Magistrate Judge Jennifer Boal granted Barry Cadden's motion to be freed from home detention.
"Cadden is entitled to a presumption of innocence," Boal wrote.
"The court finds that a curfew with location monitoring in combination with other conditions of release reasonably assure the appearance of the defendant," she added.
Her decision comes despite strong objections from federal prosecutors and victims of the 2012 fungal meningitis outbreak that sickened 778 people killing 77 of them.
The order allows Cadden to leave his Wrentham, Mass. home from 7 a.m. to 7 p.m.
Cadden was one of 14 owners and employees of the New England Compounding Center the company blamed for the outbreak. NECC shipped thousands of vials of fungus laden spinal steroids to health care providers in more than 20 states.
In her ruling Boal said Cadden "has strong family and community ties."
"The court recognizes the seriousness of the alleged offenses and the great harm the victims have suffered. However, at this stage of the proceedings Cadden is entitled to a presumption of innocence," Boal wrote.
Cadden is scheduled to go on trial on Jan. 5, 2017. In requesting the reduced restrictions, Cadden cited family duties and the need to confer on short notice with his legal team.
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Maryland Clinic Meningitis Cases Stay in Boston

By Walter F. Roche Jr.

A federal judge has ruled that nine suits filed against a Maryland clinic by victims of a 2012 fungal meningitis outbreak will remain in her Boston, Mass. courtroom.
In a brief order issued today U.S. District Judge Rya Zobel ruled that the suits against the Box Hill Surgery Center in Abingdon, Md. will proceed to trial in Boston.
Lawyers for the clinic had asked to have the cases sent back to Maryland for trial, but lawyers for the plaintiffs asked Zobel to keep them in her court.
The Box Hill suits are among dozens filed in the wake of the 2012 fungal meningitis outbreak that sickened 778 patients, killing 77 of them.
Zobel also must decide whether dozens of other similar cases will be sent back to the states where they originated. Although 116 Tennessee cases were set to take place in Boston, those have been put on hold with word of a nearly finalized settlement with the Saint Thomas Outpatient Neurosurgical Center in Nashville, Tenn.
In her order Zobel asked lawyers in the Box Hill cases to report back to her by July 8 with a revised schedule moving the cases forward.
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Outbreak Victims Frustrated by Delays

By Walter F. Roche Jr.

Word that checks will not go out till August and some may be delayed to December is not going over well with victims of the 2012 fungal meningitis outbreak, who have been waiting more than three years for some recompense.
The delay, which was disclosed during a federal court session Wednesday in Boston, Mass. means about 1,200 checks will go out in August while the remaining 1,150 will be sent out in two waves, in October and December.
Victims of the outbreak contacted following the disclosure expressed anger and frustration.
The 2012 outbreak, caused by fungus infested steroid drugs, sickened 778 patients in more than 20 states. Seventy-seven died, including an Indiana man who passed away in March.
"I feel the  courts and judges have done nothing to help the victims at all," said Jona Angst, a Michigan victim. "Victims are being victimized all over again.
"We've been told so many lies about when we are to receive compensation and they just keep pushing it back."
Angst said the continuing delays are forcing her into filing for bankruptcy.
"We have no choice now," she said. "I am devastated."
For most Tennessee victims there was a glimmer of hope from the Wednesday session, when the presiding judge, Rya Zobel, was told that a settlement agreement with the Saint Thomas Outpatient Neurosurgical Center was virtually complete.
According to court testimony the settlement would affect 116 victims who were injected with fungus laden methylprednisolone acetate at the Saint Thomas clinic.
But the disclosure gave no details on how much money might be going to those victims or when it might be distributed.
And the Nashville, Tenn. area victims share in the frustration expressed by Angst and others from across the country.
Larry Burns, whose wife Ronda was a victim, termed news of the delay unacceptable and said he believes "this is just another delay on the part of the attorneys ... and I cannot believe that Judge Zobel would allow this to happen."
"Victims are still suffering and lost a lot through this. Enough is enough," Burns wrote, adding that he hoped that there was a way to convey his feelings to the judge.
Brenda Bansale, a Michigan victim, said "we've heard this same rhetoric before. Some of us were hoping to get something in July but once again its been pushed back to a later date. I've given up hope that we'll ever see a dime from this settlement."
Kathy Pugh, whose mother was a Michigan victim, said she is angry that the federal government will be getting a share of the $200 million trust fund established in the bankruptcy of the New England Compounding Center, the company blamed for producing the drugs that caused the outbreak.
The federal government "does not deserve one penny," Pugh wrote, adding that if federal regulators had been doing their jobs the outbreak would never have occurred.
"They were very aware of the issues with the medication not being sterile but did nothing to stop them from being shipped all over the country,"she added.
And, she noted, the fact that checks will not be going out till August or even December "makes it all the worse."
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First Meningitis Victims' Checks Expected in August

By Walter F. Roche Jr.

Some 1,200 victims of the 2012 fungal meningitis outbreak will not get their first settlement checks until August and final payments could be two to three years away, according to court testimony given Wednesday.
In a nearly 90 minute session in U.S. District Court in Boston, Mass. attorney Thomas Sobol told Judge Rya Zobel the first checks will go to those victims whose claims have been settled and are not being appealed.
Previously attorneys involved in the case had expressed hopes that initial payments could be made in July.
Sobol's disclosure on the timing was one of several major developments to become public during the lengthy session.
A Nashville attorney disclosed that a settlement is but a paragraph away in claims filed by more than 116 victims against the Saint Thomas Outpatient Neurosurgical Center and related entities.
Gerard Stranch told Zobel the last details of a draft memorandum of understanding between the parties was being prepared and should be finalized in a week. He said the parties were "wordsmithing" the final details.
Saint Thomas' officials and attorneys declined to comment.
In another major development Sobol disclosed that a final agreement is also in the works with the Centers for Medicare and Medicaid Services on a formula that will be used to reimburse the federal agency  for  a portion of the costs it paid to provide health care to victims.
He said that letters should be going out shortly to the attorneys for victims explaining the formula and informing them that they can "opt out" and try to negotiate a separate deal with CMS.
Sobol did not disclose the details of the tentative agreement.
"We have virtually reached agreement," Sobol said of the negotiations with the federal government.
The settlement will determine how much of the $200 million settlement fund will go to the federal treasury and how much will be left for victims.
Sobol stressed the agreement with CMS must be in place before any of the trust fund monies can be disbursed.  He said talks are also ongoing with major insurance companies who will be claiming a share of the trust fund.
Fredric Ellis, another Boston attorney representing victims of the meningitis outbreak said there are a total of 2,350 claimants.
Sobol said the first wave of 1,200 checks will go out in August and another in October and the final wave in December.
But he noted the first checks will represent only  a partial payment and second and third checks could come at later dates. He said final checks could be two to three years away because they hinge on tax refunds being sought by owners of  the New England Compounding Center, the company blamed for the deadly outbreak.
According to court records, fungus tainted drugs from NECC sickened 778 patients across the country, killing 76 of them. NECC shipped thousands of vials of fungus laden spinal steroids to health care facilities in dozens of states.
Also discussed Wednesday were the legal fees that will be drawn from the $200 million fund to pay the lawyers who performed various roles for the plaintiffs in the case. Zobel was told a tentative assessment of 8 percent was proposed for a so-called common benefits fund. That could total some $16 million, based on the $200 million trust fund total.
Attorneys also debated over proposals to send many of the cases now before Zobel, back to the states where they were originally filed. Lawyers for a Crossville, Tenn. clinic are asking Zobel to send those cases back to Tennessee, but Stranch said plaintiffs oppose that action.
Kristen Johnson, a partner with Sobol, said some 17 cases involving nine clinics are ready to be shipped back to courts from Ohio to Nevada. In another nine cases, lawyers have objected to being sent back to their home states.
Zobel also must still rule on whether some 26 other cases should be sent back to Maryland or kept in her court.They were among hundreds of cases consolidated before Zobel more than two years ago by a special judicial panel.
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Clinic Wants Meningitis Cases Returned to Tennessee

By Walter F. Roche Jr.

A Tennessee clinic wants the 24 cases filed against it by victims of the 2012 fungal meningitis outbreak moved back to a federal court in Tennessee.
In a 22-page brief filed on the eve of a key hearing, lawyers for the Specialty Surgery Center (SSC) of Crossville, Tenn. are asking for the cases to be transferred from federal court in Boston, Mass. to U.S. District Court in Nashville, Tenn.
U.S. District Judge Rya Zobel, who has been presiding over dozens of cases stemming from the outbreak in her Boston courtroom, has set a hearing for tomorrow (Wednesday) to hear arguments over which cases will remain in her court and which may go back to their home districts.
In the brief filed by the clinic's  attorney, Chris J. Tardio, the clinic argues that it makes no sense to hold trials in the 24 Crossville cases more than 1,000 miles from  home.
Sending the cases back to Tennessee, the brief states, is "unquestionably the most efficient and fair way forward in the SSC cases."
Noting that the evidence common to all the meningitis cases already has been completed in Massachusetts, the filing states that "Tennessee is the appropriate venue for trial."
Zobel also must decide whether meningitis cases from Maryland and New Jersey should remain in her court or be sent back to courts in those two states.
Several dozen cases against the Saint Thomas Outpatient Neurosurgical Center in Nashville, Tenn. are likely to remain before Zobel although there have been recent hints a settlement may be in the works for those cases.
Still other cases in which a small number of claims have been filed against clinics across the country are likely to be sent back to their home states.
As  for keeping the SSC cases in Boston, Tardio's brief states, "This defies common sense and runs counter to relevant venue law."
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Judge Defers Action on Cadden Home Detention

By Walter F. Roche Jr.

A federal judge has approved a request for two defendants in the fungal meningitis case to leave the state of Massachusetts to bring their son to a Connecticut squash camp.
Judge Richard G. Stearns approved the travel motion filed by Douglas and Carla Conigliaro of Dedham, Mass., but action has been deferred on the motion of another defendant to be released from home confinement.
Barry Cadden, who is facing 25 second degree murder counts, has been under home confinement in Wrentham, Mass., but filed a motion last week so that he could meet on short notice with his lawyers and to tend to family matters.
The travel motion, which was approved, allows the Conigliaros to leave Massachusetts to bring their son to a summer squash camp at Yale University.
The Caddens and Conigliaros, who are related by marriage, were part owners of the New England Compounding Center, the company blamed for a 2012 fatal fungal meningitis outbreak. Cadden was one of 14 owners and employees of NECC indicted in December 2014 following a lengthy grand jury probe.
At today's hearing before Chief Magistrate Judge Jennifer Boal, Cadden's lawyer argued in favor of a motion to lift the home detention mandate and replace it with a daily curfew requirement. Federal prosecutors argued against it, citing the serious charges Cadden faces.
Cadden had cited "onerous bail conditions" and contended he was never a threat to the community.
Cadden's lawyers had asked that he be allowed to visit with his lawyers and tend to his family duties outside his home, citing the fact that he is scheduled to go on trial on Jan. 5, 2017.
Several victims of the deadly outbreak had sent emails to the court opposing Cadden's motion, some of which were read into the record.
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Some Saint Thomas Execs Get Hefty Raises

By Walter F. Roche Jr.

The former head of Saint Thomas Health got a 40 percent pay boost in the last fiscal year pushing his total income and benefit package to a little over $2.7 million, tax records show.
The tax return or 990 for Saint Thomas Health and related corporations show Michael Schatzlein's salary and benefits jumped by more than $700,000 in the fiscal year ending June 30, 2015. Saint Thomas officials released a copy of the return last week.
In addition to Schatzlein, who has since taken on the role of senior vice president for Ascension Health, Saint Thomas' parent, Karen Springer an executive vice president for Saint Thomas saw her pay and benefits boosted by more than $235,000 to a total of $824,355, also a 40 percent hike.
Other top earners, according to the return, include physicians Stephen Fahrig at $1,160,371, Vafa Mansour at $1,216,961 and Joseph Boyd at $1,226,903. James Baker 2nd's salary and benefits dipped to $1,039,214 from the prior year's total of $1,299,159, the return shows.
Saint Thomas Health, the parent for the five hospital Saint Thomas system reported revenue of $278.7 million with expenses of $283,974,446 for a more than $5 million deficit. That compares to a $15.4 million deficit at the end of the prior year.
Two Saint Thomas hospitals, however, showed substantial year end surpluses. Saint Thomas Midtown had revenue top expenses by nearly $48.2 million while Saint Thomas West reported revenue topping expenses by $56.2 million.
Both of those hospitals also reported year end balances in the prior fiscal year with Saint Thomas Midtown reporting a $39.6 million year end balance and Saint Thomas West reporting a $67.8 million year end total.
The Saint Thomas Outpatient Neurosurgical Center, which is the defendant in several pending suits stemming from the deadly 2012 fungal meningitis outbreak, is half owned by the Saint Thomas Health Network, another affiliated firm.
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Meningitis Defendant Wants Out from Home Detention

By Walter F. Roche Jr.

Citing "onerous bail conditions" and contending he "never posed any danger to the community," a man charged with 25 counts of second degree murder has asked a federal judge to free him from home detention.
In a five-page motion filed this week in U.S. District Court in Boston, Mass., lawyers for Barry Cadden say he needs to be free to leave his Wrentham, Mass. home to meet with his lawyers and tend to the needs of his children.
Cadden is one of 14 persons charged in the wake of a 2012 fungal meningitis outbreak that sickened 778 patients, killing 76 of them. He is scheduled to go to trial on Jan. 5, 2017.
The motion, which is opposed by federal prosecutors is scheduled for a Monday hearing.
In opposing Cadden's motion, federal prosecutors, charged that, "The following months present a serious risk of Cadden's flight."
The six-page prosecution filing notes that Cadden, if convicted on all charges, faces possible life imprisonment. They also noted that Cadden's motion to dismiss the most serious charges was recently denied by the federal judge presiding over his case.
Cadden's motion, however, states that he has never been a flight risk and that if his motion were granted he would still be under constant electronic monitoring. In addition his lawyers noted Cadden already has surrendered his passport and has complied with his current restrictions.
His bail, the motion notes, would remain at $500,000.
The motion states that with the trial approaching Cadden will need to be available to meet with his lawyers on short notice.
Finally Cadden's lawyers stated that when their client was informed that he was about to be arrested in late 2014, he was waiting at the front door of his home when federal agents arrived.
Prosecutors, meanwhile, cited Cadden's recent "unfounded and inflammatory allegations" that federal prosecutors had engaged in misconduct by tipping off the media of his impending arrest.
That charge, like the motion to dismiss the second degree murder charges, was rejected by U.S. District Court Judge Richard Stearns.
Two other defendants in the case, Douglas and Carla Conigliaro, have asked Stearns for permission to travel with their son to Yale University where their son will be participating in a summer squash camp.
Cadden and the Conigliaro family were owners of the New England Compounding Center, the company blamed for the 2012 deadly outbreak of fungal meningitis.
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Judge's Move Could Send Meningitis Case Back Home

By Walter F. Roche Jr.

The federal judge presiding over dozens of cases stemming from a deadly fungal meningitis outbreak has issued an order that is likely to send most of the cases back to the courts where they were first filed.
U.S. District Judge Rya Zobel's Monday order requires attorneys for the victims of the outbreak to indicate prior to a June 22 hearing whether they wish to keep their cases in federal court in Boston or have them sent back to the courts where they were first filed.
According to the order some 379 cases were transferred to Zobel over the past three years, while still others were filed in Boston to begin with, pushing the total to more than 450.
The order comes as some of the victims say they were recently told by their attorneys that payments from a $200 million settlement fund could begin flowing next month if final details of an agreement can be worked out with the Medicare program.
Medicare officials are seeking millions of dollars in reimbursements for money Medicare paid for victims' care. The victims reported a "global agreement" could come this week.
Zobel's order meanwhile follows the recommendations of lawyers from both plaintiffs and defendants on the most efficient way to handle the multiple cases. The lawyers concluded it would be more efficient to send cases involving a small number of plaintiffs and defendants back to their origin.
More than two dozen of the cases involve single plaintiffs and defendants.
Also following the recommendations, Zobel's order would keep nearly all of the Tennessee cases in her court. Those cases were filed against the Saint Thomas Outpatient Neurosurgical Center and the Howell Allen Clinic, both in Nashville, Tenn. or the Specialty Surgery Center in Crossville, Tenn.
One of those Nashville cases had been scheduled to go to trial in August, but it was postponed recently after there were hints a settlement might be in the works. Zobel's order, however, makes no direct mention of a possible settlement.
Zobel's order states that she will hear oral arguments on whether to send some or all non-Tennessee cases back to their court of origin at the previously scheduled June 22 status conference.
The 2012 outbreak, caused by fungus infested spinal steroids, sickened 778 patients across the country, killing 76 of them.
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Judge Delays Key Meningitis Criminal Trial to 2017

By Walter F. Roche Jr.

Citing the recent production of some 2.2 million documents, a federal judge has granted a delay till Jan. 5, 2017 for the trial of two men charged with 25 counts of second degree murder in the aftermath of a nationwide fungal meningitis outbreak.
In a two-page order issued today U.S. District Judge Richard G. Stearns concluded that the sheer volume of documents provided by prosecutors to defense lawyers on May 10, warranted a delay in the trial of Barry Cadden and Glen Chin. A September trial date had been set earlier.
Stearns' delay order only applies to Cadden and Chin and not the remaining defendants who still, at least for now, face a September trial date.
The two face second degree murder charges along with racketeering and mail and wire fraud charges.
The two were indicted along with a dozen other employees and owners of the New England Compounding Center following a federal probe of a deadly fungal meningitis outbreak caused by fungus tainted spinal steroids.
In the same order, Stearns rejected a motion by defense lawyers that would have barred federal prosecutors from using thousands of documents gathered in the NECC probe.
"There is no basis for the contention the government has engaged in games," Stearns wrote, adding that the request to bar the use of the documents in question was "nonsensical."
The delay comes just days after Stearns rejected a motion by Cadden and Chin's lawyers to dismiss the second degree murder and related racketeering charges the two face.
Chin and Cadden, along with the other 12 defendants have all entered not guilty pleas to the charges contained in the 131 count indictment.
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Judge Denies Dismissal on Meningitis Murder Counts

By Walter F. Roche Jr

A federal judge has flatly rejected a motion to dismiss second degree murder and related racketeering charges against two former officials of the New England Compounding Center, the drug firm blamed for a deadly 2012 fungal meningitis outbreak.
In a ten-page ruling issued this week U.S. District Judge Richard G. Stearns, sitting in Boston, Mass.,concluded that federal prosecutors had provided sufficient facts and allegations for the 25 second degree murder charges to go before a jury.
"As a general matter I agree with the government that the law is reasonably well settled that the existence of a pattern of racketeering activity is a question of fact reserved for a jury trial," Stearns wrote.
Barry Cadden, part owner of NECC, and Glen Chin, NECC's chief pharmacist, were each charged with 25 counts of second degree murder.
Stearns also rejected the argument of defense lawyers that it would have made no sense for the NECC owners to engage in activities that would ultimately result in their demise.
"Criminal conduct does not always reflect the most rational of choices or even the most basic calculation of ultimate self interest," Stearns added.
"If the government allegations prove true, NECC will not be the first enterprise undone by greed or a sense of invulnerability," he continued, adding "No argument has been made that Cadden and Chin set out to strangle the golden goose."
He wrote that he expected federal prosecutors would argue that "the defendants apparent success in cutting corners and enhancing profits without getting caught led them into a self deceptive state of impregnability that fed an increasingly reckless and heedless course of conduct."
The judge noted that the indictment  correctly "recites" the language of second degree murder statutes in the seven states where the charged deaths occurred. "Michigan," he wrote,"serves as the template for the others."
In a separate order Stearns rejected a request to start an inquiry to have sanctions imposed on federal prosecutors on charges they leaked grand jury information to the news media and issued inflammatory press releases.
The defendants had charged that the news media had been leaked advance notice of the indictments resulting in camera crews confronting Cadden at his South Shore home at the time of his indictment and arrest.
Though the case is now scheduled for a Fall trial, motions are pending for Cadden and Chin for a delay.
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