BOSTON (CBS) — A juror in the Barry Cadden case told WBZ-TV that most of the jury wanted to convict the former pharmacy executive of second degree murder but checked “Not Guilty” on the verdict form instead.
Barry Cadden was charged with mail fraud, racketeering, and 25 counts of 2nd degree murder after dozens died and hundreds were sickened from meningitis-tainted steroids injections that came from the pharmacy he ran, New England Compounding Center in Framingham.
The jury found Cadden guilty of racketeering and fraud and not guilty of murder.
But according to juror William Magalhaes, most of the jury wanted to convict Cadden of murder.
“Eight guilty and four not guilty,” Magalhaes said.
In a criminal case, jurors must be unanimous on all charges. That means unanimous for guilt or for innocence. Asked whether they were unanimous on the 2nd degree murder charge, Magalhaes says they were not. He says the jury’s understand was that lack of unanimity meant Cadden was not guilty.
After seeing the verdict slips, some legal experts say Judge Richard Stearns should have sent the jury back to deliberate until they reached unanimous decision.
“You take the verdict form, you show it to the lawyers and you say, ‘what would you like? What would your recommendation be?” Retired Federal Judge Nancy Gertner said.
Instead, Judge Stearns allowed the jury to affirm the not guilty verdict and the case was closed.
Last week, victims watched as Barry Cadden was sentenced to 9 years in prison on only the racketeering and fraud convictions.
“Nine years is absolutely nothing compared to what me and my children will endure for the rest of our lives,” said Sharon Wingate whose husband died after receiving a tainted injection.
Magalhaes says he also wished that Cadden would get more time behind bars.
“After I heard everything that he did, it really hurt me, Magalhaes said. “So, no, I do not agree with the 9 years. If it was me, I would have given 30 years or more.”
WBZ-TV was told Judge Stearns had no comment on this story.