Outbreak Jury Moving Towards Verdict?

By Walter F. Roche Jr.

BOSTON- Jurors gave the first hint they may be nearing a verdict in the racketeering trial of a druggist blamed for a deadly 2012 fungal meningitis outbreak.
The jurors asked U.S. District Judge Richard G. Stearns whether they could convict Glenn Chin on a racketeering charge if they unanimously agreed on just two of the so-called  68 predicate acts, which include 25 counts of second degree murder. U.S. District Judge Richard G. Stearns told them that the answer to that question was yes, but added that they also must consider the remaining 66 predicate criminal acts.
Stearns called the jurors into his seventh floor courtroom at mid-afternoon to answer their questions. The jurors have been deliberating since Monday in a trial that began in September.
Some observers were predicting, based on the questions posed, that a verdict could come as soon as tomorrow.
Stearns said that if the jurors could not vote unanimously on any of the remaining racketeering charges then no further action was required.  
In addition to second degree murder charges, the predicate acts include mail fraud and violations of the Food Drug and Cosmetics Act.
Chin was one of 14 indicted in late 2014 following a two year federal probe of the fungal meningitis outbreak caused by fungus laden steroids shipped from the New England Compounding Center, the now defunct firm that employed Chin as a supervising pharmacist.
The outbreak sickened 778 patients, killing 76 of them. Sixteen Tennessee patients were among the dead, while 153 were sickened.
After the brief courtroom session, Chin's lawyers speculated that the jurors may be split on the second degree murder charges. Co-defendant Barry J. Cadden was convicted on racketeering and mail fraud charges but cleared of the second degree murder charges. His trial began in January and did not end until late March.
Cadden, who is serving a nine year prison sentence, is appealing his conviction. His verdict was returned after a little more than three days of deliberation.
Earlier in the day jurors had asked for physical copies of exhibits detailing testing results inside NECC's clean rooms where the drugs that caused the outbreak were processed. One of the two binders requested was provided. The other had already been submitted in electronic form.
Chin faces other charges beyond those in the racketeering counts including violations of the Food Drug and Cosmetics Act, aiding and abetting, false and misleading labeling and mail fraud.