Judge Denies Delay in Cadden Sentencing

By Walter F. Roche Jr.

A federal judge has denied a request by a former drug company executive to delay for two weeks his sentencing on racketeering and mail fraud charges.
In a brief order issued late last week U.S. District Judge Richard G. Stearns sitting in Boston, Mass. denied the delay motion filed in behalf of Barry J. Cadden, the former president and part owner of the now defunct New England Compounding Center.
Under Stearns ruling the sentencing on 57 counts of racketeering, conspiracy and mail fraud will take place on June 26 at 2 p.m.
Cadden had sought a two week delay citing the need for additional time to respond to a pre-sentencing report.
Citing the lengthy 47-page presentence report, Cadden wrote, "the stakes are high in this case as the case is complex, adding that "the draconian position the government will take at sentencing is unwarranted."
In denying the proposed delay to July 10, Stearns wrote that Cadden had provided "no compelling reason" for such a delay and said the parties had been provided ample time to prepare for what should be "a reasonably straightforward hearing."
"Given the full and complete record established during the trial (and during pretrial proceedings), there is no need for any further factual development of the issue," Stearns ruled.
Stearns said the only issue that might potentially have a substantial impact on the sentencing would be the  calculation of the amount of loss to customers resulting from the racketeering charges. As a result Stearns said he would allow Cadden's lawyers to present arguments on the loss issue during an already scheduled June 15 hearing on Cadden's pending motion for acquittal or a new trial.
Cadden was convicted in late March following a 10-week trial. While he was convicted of racketeering and mail fraud, the jury acquitted him on 25 counts of second degree murder.
A Wrentham, Mass. resident Cadden was one of 14 people connected to NECC indicted by a federal grand jury following the probe of a deadly fungal meningitis outbreak caused by fungus laden steroids shipped by NECC.
Some 778 patients were sickened in the outbreak and 77 of them died.
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