By Walter F. Roche Jr.
Charging that the case against their client is fatally flawed, lawyers for Barry J. Cadden are asking the Michigan Supreme Court to effectively dismiss all 11 charges of second degree murder pending against the one time drug company executive.
In a 27-page filing in the state's highest court, Cadden's lawyers charged that prosecutors in the state Attorney General's office, failed to prove that any act by their client caused 11 Michigan patients to die from contaminated steroid drugs.
"The prosecution failed to present any evidence as to how the methylprednisolone acetate became contaminated," the filing states, adding that the prosecution also failed to "identify any act by Mr. Cadden that proximately caused the deaths."
Concluding that "this case should never see a jury," the filing asks the high court to grant the appeal and order all the charges dismissed.
Cadden is appealing the decision by lower court judges that the state Attorney General presented sufficient evidence for the murder case to go before a jury.
Cadden and co-defendant Glenn Chin, were each charged with 11 counts of second degree murder in December of 2018 for their roles in the deadly 2012 fungal meningitis outbreak caused by drugs shipped from a Massachusetts drug compounding center that employed both of them.
Cadden was president and part owner of the New England Compounding Center, while Chin was a supervising pharmacist in a cleanroom at NECC.
In his appeal to the state Supreme Court, Cadden charged that it was Chin who was responsible for the deaths because he was directly involved in and oversaw the production of the fungi infested drugs.
At most, the brief states, Cadden, who was seldom if ever seen in the cleanroom, could face a negligence charge.
Prosecutors, the filing states, "seeks to elevate negligent oversight into a new form of homicide."
Cadden's "executive" role at NECC did not involve day-to-day operations, but consisted of carefully training employees and setting in place policies and procedures to ensure the safe operation of the company, Cadden's lawyers argued.
Contending that causation "requires an actor, an act and a corresponding result," the motion states that the prosecution presented only an actor, but not a specific act.
Noting that a federal jury acquitted Cadden of related second degree murder charges, the filing states, it was "Glenn Chin, not Barry Cadden, who directed, condoned and supervised the poor practices in the cleanroom."
Lawyers for Chin are expected to file a similar appeal.
Contact: wfrochejr999@gmail.com
A short story, a different version of facts;
ReplyDeleteI gotta say, when I owned my own company’s, prior to sept of 2012.
We where liable for anything. We, as this guy had full knowledge of everything that went on with weekly, operation and product. We really took notice when profits increased.
Let set aside everything, like mail fraud, racketeering, Rocco act, murders(mysterious deaths), many life’s ruined.
The fact that he was an owner, or part owner, in a company that was illegally producing/blending medicine.
Ok let’s stop and think here, producing medicines illegally, seems kinda important to have that permit, everyone, else is assumed to, supposed to. But you don’t ?
You and every other board member should be playing cards in your cells together.
In the board meetings when ask “ what’s up, why the huge increase in profits (psss its like this, we are manufacturing and or blending medicine. Member says I’ll ask again what we are all thinking “How”
Cadden replies Mickey Mouse operations, and goofy cleaning policy’s.
If anyone asks, not to worry we have a plan to protect our personnel wealth in the event of legal problems… we will shutter this operation.
A tale based on fact and maybe some fiction.
Thank you for hanging in there