Verdict slip in meningitis outbreak trial creates confusion

BOSTON – The verdict in the Massachusetts trial of a compounding pharmacy executive charged in a deadly fungal meningitis outbreak seemed clear in court but is now being questioned by some legal experts.

The verdict read by the court clerk in March said the federal jury found Barry Cadden guilty of conspiracy, fraud and other charges but acquitted him of the most serious allegations he faced under federal racketeering law: second-degree murder.

Now, some legal experts are questioning whether the vote was unanimous, as required.

On the written verdict form, the jury wrote numbers next to both “guilty” and “not guilty” on the second-degree murder counts. That has led some to suspect the jury was divided.

Legal experts say it’s too late for prosecutors to challenge the verdict.