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Upstate NY man who spread toxic mercury in hospital appeals case to US Supreme Court


ALBANY, New York — A 62-year-old man who spread toxic mercury on food and other surfaces in a hospital has appealed his case to the U.S. Supreme Court.

The Times Herald-Record of Middletown reports (http://bit.ly/1J5ILkg ) Martin Kimber, of Ruby, argues that he was charged federally for a local crime.

Kimber pleaded guilty in 2012 to use of a chemical weapon, possession of a chemical weapon and consumer product tampering. Authorities say he contaminated items at Albany Medical Center in retaliation for excessive billing.

Kimber lost an appeal in January after his attorneys argued that the Chemical Weapons Convention Implementation Act of 1998 wasn't intended for crimes like Kimber's.

His attorney, John Iannuzzi, says the mercury wasn't meant to be a "weapon of mass destruction." But the appeals court ruled he placed people at risk.

Information from: The Times Herald-Record, http://www.th-record.com

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