By Walter F. Roche Jr.
Lawyers for two of the defendants in the criminal probe of a deadly fungal meningitis outbreak argued today for a hearing on their plea for a new trial on charges they conspired to defraud the U.S. Food and Drug Administration.
Appearing before U.S. District Judge Richard G. Stearns in his Boston, Mass. courtroom the attorneys for Gregory Conigliaro and Sharon Carter argued that repeated testimony at their trial should have been excluded.
They cited dozens of trial transcripts referring to a recycling plant, run by Conigliaro, that abutted the New England Compounding Center.
The two were among 14 people indicted following a two year prove of the deadly 2012 fungal meningitis outbreak that ultimately took the lives of more than 100 patients in more than 20 states.
(The hearing was not included on a daily list of sessions scheduled for the federal court each day.)
Conigliaro was vice president and part owner of NECC, which produced the contaminated drugs triggering the outbreak. Carter was a manager at the Framingham, Mass. company.
The lawyers argued that the testimony about the recycling plant never showed that it was the cause of the contamination and, thus, should have been excluded.
Stearns took the matter under advisement.
Stearns previously acquitted the two of the charges, but they were reinstated by the First Circuit Court of Appeals.
Contact: wfrochejr999@gmail.com
Wednesday, March 9, 2022
Friday, February 18, 2022
AG Seeks Denial Of Chin Appeal
Walter F. Roche Jr.
The Michigan Attorney General is asking his state's highest court to deny an appeal filed by a former Massachusetts pharmacist charged with 11 counts of second degree murder.
In a 29-page motion filed this week in the Michigan Supreme Court, Attorney General Dana Nessel said the case against Glenn Chin should now go before a jury.
Her brief is in response to a claim by Chin's lawyers that prosecutors failed to identify any act by Chin that caused the deaths. Without such an act, Chin's lawyers say that the case should not have been bound over for trial.
The prosecution counters by identifying a series of actions by Chin, including ordering employees to falsify records about santitary checks that were supposed to have been performed.
Chin and co-defendant Barry Cadden, were indicted in Michigan for their role in the 2012 fungal meningitis outbreak that sickened more than 700 patients, eventually killing more than 100 of them.
Cadden was president of the New England Compounding Center, the company that produced the fungus riddled drugs. Chin was the supervisor in the clean room where the tainted methylprednisolone acetate was produced.
In the brief filed by the attorney general she cited Chin's pervasive mismanagment of the clean room and concluded that Chin set in motion "a force likely to cause death or great bodily harm."
His actions did, in fact, cause the 11 deaths," the brief states.
Frequently citing the testimony of former NECC employees, the brief states that "Chin ordered technicians to forego cleaning."
The brief details how one contaminated NECC shipment went to the Michigan Pain Center, where the 11 patients were fatally injected.
"There is ample reason to believe that but for Chin's actions these deaths could have been avoided," the filing states.
Contact: wfrochejr999@gmail.com
The Michigan Attorney General is asking his state's highest court to deny an appeal filed by a former Massachusetts pharmacist charged with 11 counts of second degree murder.
In a 29-page motion filed this week in the Michigan Supreme Court, Attorney General Dana Nessel said the case against Glenn Chin should now go before a jury.
Her brief is in response to a claim by Chin's lawyers that prosecutors failed to identify any act by Chin that caused the deaths. Without such an act, Chin's lawyers say that the case should not have been bound over for trial.
The prosecution counters by identifying a series of actions by Chin, including ordering employees to falsify records about santitary checks that were supposed to have been performed.
Chin and co-defendant Barry Cadden, were indicted in Michigan for their role in the 2012 fungal meningitis outbreak that sickened more than 700 patients, eventually killing more than 100 of them.
Cadden was president of the New England Compounding Center, the company that produced the fungus riddled drugs. Chin was the supervisor in the clean room where the tainted methylprednisolone acetate was produced.
In the brief filed by the attorney general she cited Chin's pervasive mismanagment of the clean room and concluded that Chin set in motion "a force likely to cause death or great bodily harm."
His actions did, in fact, cause the 11 deaths," the brief states.
Frequently citing the testimony of former NECC employees, the brief states that "Chin ordered technicians to forego cleaning."
The brief details how one contaminated NECC shipment went to the Michigan Pain Center, where the 11 patients were fatally injected.
"There is ample reason to believe that but for Chin's actions these deaths could have been avoided," the filing states.
Contact: wfrochejr999@gmail.com
Monday, February 14, 2022
Chin Could Go back to Federal Prison
By Walter F. Roche Jr.
A Michigan judge has opened the door for a transfer to federal prison for one of the defendants charged with 11 counts of second degree murder stemming from the 2012 fungal meningitis outbreak.
Michigan Judge Michael P. Hatty last week canceled the writ which ordered Glenn Chin to be transferred from a federal prison in Pennsylvania to the Livingston County Jail in Michigan to face the murder charges.
Chin, who already has been convicted of federal charges stemming from the outbreak, must now convince federal officials to return him to federal custody.
He is serving a 10.5 year federal sentence following his conviction on racketeering, conspiracy and mail fraud charges.
Both Chin and co-defendant Barry Cadden have indicated that conditions in the federal prison system are preferable to the county system. Chin has also charged that he has been the subject to racial slurs at the Michigan jail.
Officlals of the Michigan Attorney General's office said Hatty's action will have no effect on Chin having to face the Michigan murder charges and it does not mean Chin can simply be released to the public in Michigan.
Judge Hatty canceled the writ that brought Chin here from federal prison, meaning he can be returned there while this case is pending, according to one of the lawyers involved in the case.
Hatty did not set a bond for Chin, which means he cannot be released to the public.
Approval of the Federal Bureau of Prisons would be necessary for Chin to be transferred to a federal facility. Contact: wfrochejr999@gmail.com
A Michigan judge has opened the door for a transfer to federal prison for one of the defendants charged with 11 counts of second degree murder stemming from the 2012 fungal meningitis outbreak.
Michigan Judge Michael P. Hatty last week canceled the writ which ordered Glenn Chin to be transferred from a federal prison in Pennsylvania to the Livingston County Jail in Michigan to face the murder charges.
Chin, who already has been convicted of federal charges stemming from the outbreak, must now convince federal officials to return him to federal custody.
He is serving a 10.5 year federal sentence following his conviction on racketeering, conspiracy and mail fraud charges.
Both Chin and co-defendant Barry Cadden have indicated that conditions in the federal prison system are preferable to the county system. Chin has also charged that he has been the subject to racial slurs at the Michigan jail.
Officlals of the Michigan Attorney General's office said Hatty's action will have no effect on Chin having to face the Michigan murder charges and it does not mean Chin can simply be released to the public in Michigan.
Judge Hatty canceled the writ that brought Chin here from federal prison, meaning he can be returned there while this case is pending, according to one of the lawyers involved in the case.
Hatty did not set a bond for Chin, which means he cannot be released to the public.
Approval of the Federal Bureau of Prisons would be necessary for Chin to be transferred to a federal facility. Contact: wfrochejr999@gmail.com
Wednesday, February 9, 2022
Former NECC VP Repeats New Trial Appeal.
By Walter F. Roche Jr.
The former vice president and part owner of a defunct drug compounding firm has filed yet another appeal for a new trial contending he was unduly prejudiced in the original trial.
The lawyer for Gregory Conigliaro, the former vice president of the New England Compounding Center, charged today that federal prosecutors repeatedly defied rulings by the presiding judge and presented evidence or comments about Conigliaro's involvement in a recycling business located next to the NECC, the company blamed for the deadly 2012 fungal meningitis outbreak.
Conigliaro, part owner of NECC, was convicted of a single count of conspiring to defraud the U.S. Food and Drug Administration and is now asking for a new trial on that charges.
Daniel Rabinowitz, Conigliaro's lawyer, said in a 16-page filing, that the references to the recycling busines, known as Conigliaro Industries, violated U.S. District Judge Richard G. Stearns order 10 times.
Rabinowitz said the U.S. Attorney's office also violated Stearns decision that prosecutors could not present evidence of Conigliaro's profits from NECC unless support was presented justifying the use of that evidence beforehand.
Those and other actions by prosecutors, Rabinowitz said, supported the motion for Conigliaro to get a new trial.
In a related action, the lawyer for co-defendant and star prosecution witness Robert Ronzio, asked the court to order that his passport be returned. Earlier this week Stearns ruled that Ronzio need not serve any prison time following his conviction on the same conspiracy charge.
Contact: wfrochejr999@gmail.com
The former vice president and part owner of a defunct drug compounding firm has filed yet another appeal for a new trial contending he was unduly prejudiced in the original trial.
The lawyer for Gregory Conigliaro, the former vice president of the New England Compounding Center, charged today that federal prosecutors repeatedly defied rulings by the presiding judge and presented evidence or comments about Conigliaro's involvement in a recycling business located next to the NECC, the company blamed for the deadly 2012 fungal meningitis outbreak.
Conigliaro, part owner of NECC, was convicted of a single count of conspiring to defraud the U.S. Food and Drug Administration and is now asking for a new trial on that charges.
Daniel Rabinowitz, Conigliaro's lawyer, said in a 16-page filing, that the references to the recycling busines, known as Conigliaro Industries, violated U.S. District Judge Richard G. Stearns order 10 times.
Rabinowitz said the U.S. Attorney's office also violated Stearns decision that prosecutors could not present evidence of Conigliaro's profits from NECC unless support was presented justifying the use of that evidence beforehand.
Those and other actions by prosecutors, Rabinowitz said, supported the motion for Conigliaro to get a new trial.
In a related action, the lawyer for co-defendant and star prosecution witness Robert Ronzio, asked the court to order that his passport be returned. Earlier this week Stearns ruled that Ronzio need not serve any prison time following his conviction on the same conspiracy charge.
Contact: wfrochejr999@gmail.com
Ronzio Gets No Prison Time
By Walter F. Roche Jr.
The government's star witness will serve no prison time for his role in a deadly fungal meningitis that ultimately took the lives of more than 100 patients across the country.
In U.S. District Court in Boston, Judge Richard G. Stearns, following the recommendation of prosecutors, sentenced Robert A. Ronzio to "time served," which means he will serve no jail time.
In fact Ronzio has served little or no jail time since his indictment in 2014.
Ronzio entered a guilty plea to a charge that he conspired to defraud the U.S. Food and Drug Administration.
Ronzio was the national sales director for the New England Compounding Center, the firm blamed for the 2012 fungal meningitis outbreak.
NECC told regulators that the company only filled prescriptions with patient specific prescriptions. In fact the company was mass producing drugs without proper prescriptions
A Rhode Island resident, Ronzio was one of 14 people connected to NECC who were indicted in December of 2014.
Ronzio testified extensively for the U.S. Attorney's office in the trials of his former NECC colleagues.
Contact: wfrochejr999@gmail.com
The government's star witness will serve no prison time for his role in a deadly fungal meningitis that ultimately took the lives of more than 100 patients across the country.
In U.S. District Court in Boston, Judge Richard G. Stearns, following the recommendation of prosecutors, sentenced Robert A. Ronzio to "time served," which means he will serve no jail time.
In fact Ronzio has served little or no jail time since his indictment in 2014.
Ronzio entered a guilty plea to a charge that he conspired to defraud the U.S. Food and Drug Administration.
Ronzio was the national sales director for the New England Compounding Center, the firm blamed for the 2012 fungal meningitis outbreak.
NECC told regulators that the company only filled prescriptions with patient specific prescriptions. In fact the company was mass producing drugs without proper prescriptions
A Rhode Island resident, Ronzio was one of 14 people connected to NECC who were indicted in December of 2014.
Ronzio testified extensively for the U.S. Attorney's office in the trials of his former NECC colleagues.
Contact: wfrochejr999@gmail.com
Saturday, February 5, 2022
Prosecutors Seek No Jail Time for Ronzio
By Walter F. Roche Jr.
Citing his key role in the conviction of his former colleagues, government prosecutors are recomending that the sales director of a defunct drug company which caused a deadly fungal meningitis, get no jail time.
In a seven page filing in the U.S. District Court in Boston, federal prosecutors said Robert A. Ronzio provided "subtantial assistance" in exposing what realy happened at the New England Compounding Center in Framingham, Mass. The proposed sentence also calls for a $100 fine
The out break ultimately caused 100 deaths when patients were injected with a steroid laden with deadly fungi. Over 700 additional patients were sickened.
Ronzio was the national sales director at NECC and, but for a departure from sentencing guidelines, could get a sentence of up to 18 months.
. Citing Ronzio's guilty plea to the charge of conspiring to deceive the U.s. Food and Drug Administration, prosecutors said Ronzio gave "substantial assistance" by providing testimony in three trials of his former NECC colleagues.
Stating that Ronzio provided "truthful and reliable" testimony, the brief states that Ronzio accepted responsibility for his criminal actions.
According to prosecutors Ronzio and other key NECC employees conspired to convince regulators that NECC was a small family owned company providing drugs only with patient specific prescriptions.
In fact NECC was mass producing drugs and acting as a manufacturer without patient specific prescriptions. Drug manufacturers are subject to stricter FDA regulation.
Records show that while awaiting trial, Ronzio, with goverment approval, went to work for a Florida drug compounding company.
Contact: wfrochejr@gmail.com
Citing his key role in the conviction of his former colleagues, government prosecutors are recomending that the sales director of a defunct drug company which caused a deadly fungal meningitis, get no jail time.
In a seven page filing in the U.S. District Court in Boston, federal prosecutors said Robert A. Ronzio provided "subtantial assistance" in exposing what realy happened at the New England Compounding Center in Framingham, Mass. The proposed sentence also calls for a $100 fine
The out break ultimately caused 100 deaths when patients were injected with a steroid laden with deadly fungi. Over 700 additional patients were sickened.
Ronzio was the national sales director at NECC and, but for a departure from sentencing guidelines, could get a sentence of up to 18 months.
. Citing Ronzio's guilty plea to the charge of conspiring to deceive the U.s. Food and Drug Administration, prosecutors said Ronzio gave "substantial assistance" by providing testimony in three trials of his former NECC colleagues.
Stating that Ronzio provided "truthful and reliable" testimony, the brief states that Ronzio accepted responsibility for his criminal actions.
According to prosecutors Ronzio and other key NECC employees conspired to convince regulators that NECC was a small family owned company providing drugs only with patient specific prescriptions.
In fact NECC was mass producing drugs and acting as a manufacturer without patient specific prescriptions. Drug manufacturers are subject to stricter FDA regulation.
Records show that while awaiting trial, Ronzio, with goverment approval, went to work for a Florida drug compounding company.
Contact: wfrochejr@gmail.com
Friday, February 4, 2022
Conigliaro, Carter Seek New Trial
By Walter F. Roche Jr.
Charging that prosecutors only gained his conviction by sloshing through "swampy ground," the former vice president and part owner of a rogue drug compounding firm is asking for a new trial on charges he conspired to defraud the federal government.
In a 16-page filing in U.S. District Court in Boston, Mass. lawyers for Gregory Conigliaro said prosecutors presented improper evidence including a statement that Conigliaro made millions from the now defunct New England Compounding Center.
He was joined by co-defendant Sharon Carter, who is also asking for a new trial on similar grounds.
The two defendants' filings were countered by federal prosecutors who filed a 12-page brief upholding the two convictions and concluding that none of the claims by Conigliaro warranted "the extraordinary relief of a new trial."
The two were among 14 indicted in late 2014 following a two year probe of the 2012 fungal meningitis, caused by contaminated NECC drugs. More than 100 patients eventually died after being injected with the fungus laden steroids.
Carter and Conigliaro were convicted of conspiring to defraud the U.S. Food and Drug Administration by contending that NECC was a small family owned company and not subject to federal regulation.
Carter and Conigliaro were convicted after an eight week trial. The presiding judge. Richard G. Stearns later overturned the jury's decisions and acquitted the two only to have the the 1st Circuit Court of Appeals restore the convictions.
In the Conigliaro appeal, Gregory Rabinowitz, his attorney, argued that prosecutors, despite a decision by Stearns, improperly charged that the former NECC officer made millions from the company.
In addition he wrote that jurors may have concluded that NECC was "the cause of it all" because of improper testimony and comments by prosecutors.
He also argued that jurors may have wrongly concluded that Conigliaro was guilty on the basis of so-called spillover evidence presented against co-defendants facing more serious charges.
The brief filed in behalf of Carter concluded it would be "a miscarriage of justice" were the appeal to be denied.
Contact: wfrochejr999@gmail.com
Charging that prosecutors only gained his conviction by sloshing through "swampy ground," the former vice president and part owner of a rogue drug compounding firm is asking for a new trial on charges he conspired to defraud the federal government.
In a 16-page filing in U.S. District Court in Boston, Mass. lawyers for Gregory Conigliaro said prosecutors presented improper evidence including a statement that Conigliaro made millions from the now defunct New England Compounding Center.
He was joined by co-defendant Sharon Carter, who is also asking for a new trial on similar grounds.
The two defendants' filings were countered by federal prosecutors who filed a 12-page brief upholding the two convictions and concluding that none of the claims by Conigliaro warranted "the extraordinary relief of a new trial."
The two were among 14 indicted in late 2014 following a two year probe of the 2012 fungal meningitis, caused by contaminated NECC drugs. More than 100 patients eventually died after being injected with the fungus laden steroids.
Carter and Conigliaro were convicted of conspiring to defraud the U.S. Food and Drug Administration by contending that NECC was a small family owned company and not subject to federal regulation.
Carter and Conigliaro were convicted after an eight week trial. The presiding judge. Richard G. Stearns later overturned the jury's decisions and acquitted the two only to have the the 1st Circuit Court of Appeals restore the convictions.
In the Conigliaro appeal, Gregory Rabinowitz, his attorney, argued that prosecutors, despite a decision by Stearns, improperly charged that the former NECC officer made millions from the company.
In addition he wrote that jurors may have concluded that NECC was "the cause of it all" because of improper testimony and comments by prosecutors.
He also argued that jurors may have wrongly concluded that Conigliaro was guilty on the basis of so-called spillover evidence presented against co-defendants facing more serious charges.
The brief filed in behalf of Carter concluded it would be "a miscarriage of justice" were the appeal to be denied.
Contact: wfrochejr999@gmail.com
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