By Walter F. Roche Jr.
The attorney for a former pharmacist charged with multiple counts of second degree murder is asking a Michigan judge to order prosecutors to disclose exactly what specific actions are alleged to have caused the deaths.
In a motion filed yesterday in Livingston Circuit Court in behalf of Glenn A. Chin, attorney James D.A. Buttrey argued that "it is only fair" that prosecutors from the Michigan Attorney's office disclose what alleged acts by Chin constituted a crime.
Chin and co-defendant Barry Cadden have been charged with 13 counts of second degree murder for their roles in the 2012 fungal meningitis outbreak.
Cadden was president and part owner of the New England Compounding Center, the company blamed for the outbreak. Chin was the supervising pharmacist in the clean room where fungus ridden steroids were produced.
The motion argues that the defense has a right to know the factual basis for the charges.
The request to Judge Michael P. Hatty comes in advance of a series of hearings scheduled for next several weeks.
Battrey has raised the same arguments in appeals heard and denied by the Michigan Court of Appeals and the Michigan Supreme Court. The appeals were denied.
The session on the bill of particulars in the case is set for Nov. 10 with a subsequent pre-trial session on on Nov. 17 or Nov. 22. A settlement conference is set for Nov. 24 at 1:30 p.m.
Contact: wfrochejr999@gmail.com
I’m guessing mold in his clean room
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