Chin's Sentence Boosted to 10.5 Years

By Walter F. Roche Jr.

Stearns had originally set an eight year sentence on Chin, but he acknowledged in today's hearing that an appeals court had ruled that penalty was too lenient.
Chin, who is in a Michigan jail pending trial on related second degree murder charges, said he never would have allowed the steroids to be dispensed had he known they were contaminated with deadly fungi.
"I still can't figure it out," Chin said about how the methylprednisolone became contaminated.
As for the $82 million restitution order, prosecutors have indicated some $80 million would go to outbreak victims, but Stearns said it was unlikely that amount would ever be collected. Federal investigators, who spent two years investigating the outbreak, concluded that the drugs were compounded in an NECC clean room where Chin was a supervisor and he, in fact, compounded the fatal drugs.
Over 100 patients ultimately died in the outbreak while over 700 were sickened. Chin said he was ashamed of himself over what happened and said he should have spoken up about the conditions at NECC. "I should have just quit," he said.
Chin's original re-sentencing session had to be delayed because the judge and others in Stearn's Boston, Mass. courtroom could not hear him.
Chin said that at first he blamed co-defendant Barry Cadden for what happened but now forgave him. Cadden was president and part owner of NECC. Chin and Cadden were convicted on racketeering, conspiracy and mail fraud charges, but two separate juries declined to convict them on racketeering second degree murder charges
Chin concluded by stating that all he could do was hope that the judge would be "merciful and fair." Stearns said he did not believe Chin should get the same sentence as Cadden, who got a 14.5 year sentence at a separate re-sentencing session.
Chin and Cadden have been charged with 11 counts of second degree murder in Michigan and are being held at the Livingston County Jail awaitng trial on those charges.
Chin said the conditions at that jail were bad and that he was subject to abuse because of his race.
"It's dirty and smelly. Life is difficult and sometimes dangerous," Chin said.
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