By Walter F. Roche Jr.
A Michigan judge has scheduled a Nov. 12 hearing on two key motions filed by the attorneys for two former pharmacists facing 11 second degree murder charges.
The 8:30 a.m. hearing will give lawyers for Barry J. Cadden and Glenn Chin the opportunity to argue that their clients cannot get a fair trial in Livingston County because all of the victims lived in the county.
The second degree murder victims were among dozens of area residents injected with contaminated spinal steroids shipped from the Massachusetts drug compounding where Chin and Cadden worked.
The November hearing will also bring arguments from Cadden's lawyer charging that five of the charges must be dismissed because a jury in Massachusetts already has heard those charges and voted to reject them. The second degree murder charges were made by federal prosecutors as part of a racketeering conspiracy allegation.
The double jeopardy argument has been forwarded by attorney Gerald J. Gleeson.
The motion arguments will be heard by Livingston County Judge Michael P. Hatty. The hearing is expected to be held virtually, because the court house has been closed to the public due to the Covid-19 pandemic.
The double jeopardy and change of venue motions are just two of a half dozen pre-trial motions Hatty must rule on.
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