By Walter F. Roche Jr.
The Michigan Supreme Court has rejected an appeal filed by a former pharmacist seeking to have multiple second degree murder charges thrown out.
In a one paragraph ruling the state's highest court rejected Chin's claim that there was insufficient evidence for the charges to be presented to a Livingston County jury.
"We are not persuaded that the question presented should be reviewed by this court," the ruling states.
Chin was a supervising pharmacist at a Massachusetts drug compounding firm that shipped thousands of vials of a contaminated steroid to health facilities across the country.
Over 100 patients, including 11 in Michigan, died after injection with the drug ladened with a deadly fungus.
Chin was appealing a decision by the state Court of Appeals which rejected a similar plea to have the murder charges tossed. The case has been bouncing back and forth between the two courts since last year.
The decision means Chin will face the charges before a jury in Livingston County. The case is being prosecuted by the Michigan Attorney General's office.
A parallel appeal has been filed by co-defendant Barry Cadden, who was president and part owner of the same compounding firm, the now defunct New England Compounding Center. Cadden's appeal is still pending.
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