Cadden, Chin Appeals Sent Back to Appeals Court

By Walter F. Roche Jr.

The Michigan Supreme Court has sent the appeals of two former pharmacists, facing second degree murder charges, back to the state Court of Appeals to consider the claims filed by the two defendants.
In a brief order issued today, the state's highest court said the Appeals Court should consider one of the issues raised by the lawyers for Barry J. Cadden and Glenn Chin.
The decision keeps the appeals alive. The Appeals Court had previously flatly turned down the appeals.
Cadden and Chin have been charged with 11 counts of second degree murder for their roles in the deadly 2012 fungal meningitis outbreak. Cadden was president of the New England Compounding Center, the company that produced the contaminated drugs that caused the outbreak.
Chin was a supervising pharmacist at NECC in charge of the clean room where the deadly doses of methylprednisolone acetate were produced.
In its prior decision the appeals court concluded that Chin and Cadden's lawyers had failed to prove that the appeal needed to be acted on immediately.
In the Supreme Court ruling issued today, the court cited a specific 2003 case: People of Michigan vs. Yost. In that case Donna Yost was charged with murder in the death of her seven-year-old daughter.
After multiple appeals she pleaded guilty to a vastly reduced child abuse charge and was given three years probation.
At issue in the case was whether the magistrate abused his discretion in failing to bind the defendant over for trial.
Chin and Cadden's lawyers have challenged the decision of a district court judge, Shauna Murphy, to bind them over for trial.
Contact: wfrochejr999@gmail.com