By Walter F. Roche Jr.
A status hearing has been scheduled for Sept. 24 in the criminal homicide case against two former Massachusetts pharmacists, but it is unlikely the case will progress substantially due to pending appeals.
Barry J. Cadden and Glen Chin have been charged with 11 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
The status coinference before Judge Michael P. Hatty comes as both Cadden and Chin have filed appeals in the Michigan Supreme Court seeking to have the charges effectively wiped out.
Cadden and Chin's lawyers have argued that there was insufficient evidence to justify binding the two over for a trial by jury.
Attorneys for the Michigan Attorney Generals have countered by charging that the two are responsible for the deaths caused by a contaminated steroid injected into the joints and spines of unsuspecting patients.
Hatty and the state Court of Appeals already have ruled against both appeals.
Cadden was president and part owner of the New England Compounding Center, the defunct company that shipped the fungi laden drugs to Michigan and some 20 other states.
Chinn was the supervising pharmacist in the NECC clean room where the deadly preservative free methylprednisolone acetate was produced.
The two already have been convicted on racketeering, conspiracy and related charges in federal court in Boston. Cadden is serving a 14.5 year sentence while Chin is serving an 10.5 year sentence.
Two federal juries, however, declined to convict the two on racketeering murder charges.
Contact: wfrochejr999@gmail.com
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