By Walter F. Roche Jr.
A Michigan judge has denied a motion to effectively dismiss multiple second degree murder charges against two former pharmacists blamed in a deadly 2012 fungal meningitis outbreak.
In an order issued today Livingston Circuit Court Michael P. Hatty denied the motions filed by lawyers for Barry J. Cadden and Glenn Chin to reverse the decision of a district court judge who bound the two over for trial on 11 counts each of second degree murder.
The action means that the two will now face trial in Livingston County on the charges. Hatty previously denied several other defense motions including one to move the trial to another Michigan county.
In a related action Hatty set a schedule for hearings on other pre-trial motions and future status conferences.
On Feb. 11 a session will be held on a motion to delay a final order on yet another pre-trial motion so that an appeal can be filed.
On Feb. 25 Hatty will hold a session on a defense motion to force the prosecution to provide further details on the second degree murder charges.
Finally on May 13 a hearing will be held on a prosecution motion to have both defendants tried at the same time.
Hatty also set March 19 and June 11 for future status conferences.
The motion turned down by Hatty sought to have the July decision of District Court Judge
Shauna Murphy overturned. She ruled there was sufficient evidence to bind the two over to circuit court on the charges.
The two are charged in the deaths of 11 Michigan patients who were injected with contaminated drugs produced at the New England Compounding Center. Cadden was president and part owner of the company, while Chin was a supervising pharmacist of the defunct drug compounding firm.
The two already have been convicted on federal racketeering and mail fraud charges.
Contact: wfrochejr999@gmail.com
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