Judge Denies Defense Motions in Outbreak Case

By Walter F. Roche Jr

A Michigan judge today denied a motion to dismiss second degree murder charges against a former pharmacist and also rejected a move to have the case transferred to another county.
Judge Michael P. Hatty issued the rulings following arguments by the Michigan Attorney General and attorneys representing the defendant, Barry J. Cadden. Cadden and Glenn Chin face 11 second degree murder charges stemming from their roles in the deadly 2012 fungal meningitis outbreak.
Cadden's lawyer had argued that it would be impossible for his client to get a fair trial in Livingston County because many of the outbreak victims or their survivors reside there.
Cadden's lawyers also argued that since a federal jury declined to convict Cadden of second degree murder charges as part of a racketeering charge, Cadden would face double jeopardy.
Hatty, after hearing arguments from both sides, turned down both motions. He cited prior rulings that concluded the state, as a separate sovereignty, could bring charges despite parallel federal action.
In denying the motion to move the case to another Michigan county, he noted that the defense could raise the same issue at a later date.
But Hatty said he was confident that he could appoint an impartial jury.
Cadden's lawyer argued that Livingston County was the epicenter of the 2012 outbreak and potential jurors would have direct connections to the case.
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