Newly revealed court documents in the trial of Barry Cadden, which ended in March, are creating uncertainty about the resulting not-guilty verdict on 25 counts of second degree murder.
Cadden, who was accused of causing a deadly fungal meningitis outbreak in 2012, was the head of the now defunct New England Compounding Center.
A jury convicted Cadden on racketeering and fraud charges last year.
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On the verdict form filled out by jurors, the more serious charges of second degree murder were checked not guilty. However, it now appears that the jurors wrote in their votes, showing that many of them had been divided on the charges.
Lawyers in federal court that day weren't able to see the form until afterward, but the judge did, and did not query jurors as to weather the necessary unanimous verdict had been reached for a full acquittal.
According to the court transcripts, the judge did make clear that the jury indicated a unanimous verdict, to which the foreperson replied 'that's correct'.
David Schumacher, a Massachusetts attorney, weighed in on the matter to reports from NBC Boston.
"If I were a prosecutor on the case, knowing what I know now, if there were any confusion about the jurors verdict I certainly would have wanted the jury to be questioned about it," Schumacher said.
Whether the 12 person jury was divided or united remains in question. The court has yet to release the jury list, and the judge in the case declined to comment.