Cadden/Chin Bound Over on 2nd Degree Murder Charges

By Walter F. Roche Jr.
A Michigan judge today ordered two former Massachusetts pharmacists to face trial on 11 counts of second degree murder concluding that the evidence showed they were responsible for producing contaminated drugs that caused the deaths.
Judge Shauna Murphy concluded that the eleven died as a result of the deadly 2012 fungal meningitis outbreak caused by drugs produced by the New England Compounding Center where Barry Cadden and Glenn Chin, the two defendants, worked.
Murphy found probable cause to believe the two were responsible for the deaths of the 11 victims who died after being injected with methylprednisolone acetate contaminated with a deadly fungus.
Citing the testimony and evidence produced during a series of hearings in her court, Murphy concluded that the two defendants, by virtue of their positions, were well aware of the legal consequences of shipping contaminated drugs.
They "knowingly sealed the fate of the 11 victims," Murphy said,noting that all 11 suffered painful deaths.
Victim by victim, she detailed how they were injected with the contaminated drugs, became sickened and died. She cited autopsy results in each of the cases and the conclusion that contaminated steroids caused their painful deaths.
She noted that Cadden as president and part owner of NECC was directly in charge of the clean room where Chin was the supervisor and the one who actually compounded the drugs.
Cadden and Chin, both dressed in orange jump suits, were present for the hearing which was closed to the public because of Covid-19 pandemic. They are being held at the Livingston County Jail.
Lawyers for the two defendants made brief presentations with Gerald Gleeson appearing for Cadden and James Buttrey for Chin. Assitant Attorney Gregory Townsend acted as prosecutor. The hour long session was livestreamed on You Tube.
Gleeson argued that the Michigan charges amounted to double jeopardy because both Chin and Cadden were cleared of second degree murder charges in federal court in Boston.
There was no evidence that Cadden was involved in producing the tainted drugs, he said, adding that the prosecution failed to show his client acted with malice.
Buttrey, ackowledged the "enormity of the devastation" caused by the outbreak but argued that the evidence did not support the charges.
"Does Glenn Chin bear moral responsibility? The answer is yes" Buttrey said, adding that there was zero evidence that Chin was criminally liable.
Townsend, in rebuttal, said there was overwhelming evidence" of Cadden and Chin's culpability.
Murphy, who read from her lengthy decision, cited the fact that both Chin and Cadden were licensed pharmacists and were required to follow national standards for drug compounding set by the U.S. Pharmacopeia. The evidence, she said, "clearly showed" Chin did not comply with the standard.
Both Cadden and Chin were convicted in federal court in Boston on racketeering, conspiracy and mail fraud charges. Cadden was given a nine year sentence while Chin was given an eight year sentence. Two separate juries declined to convict them on second degree rackteering murder charges.
Though Gleeson argued that his client was facing double jeopardy with the Michigan charges, Murphy pointedly disagreed stating the the federal case involved second degree murder as a contributing or predicate act to racketeering. In addition she cited a ruling giving the state sovereignty to bring its own charges in such cases.
Under her order the cases will be sent to Livingston Circuit Court for trial.
The 11 victims are Donna Kruzich, Paula Brent, Lyn Laperriere, Sally Roe, Mary Plettl, Gayle Gibson, Patricia Malafouris, Emma Todd, Jennie Barth, Ruth Madouse and Karina Baxter.
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