A disgruntled former patient of the Albany Medical Center who repeatedly left liquid mercury in public areas around the hospital was properly prosecuted under the federal Chemical Weapons Convention Implementation Act, a federal appeals panel decided.

The U.S. Court of Appeals for the Second Circuit ruled unanimously that a 2014 U.S. Supreme Court ruling that narrowed the application of the act in certain domestic cases does not apply to Martin Kimber's conviction.

Judge Gerard Lynch (See Profile) wrote in United States v. Kimber, 13-3661-cr, that Kimber's acts threatened the public to the extent that they were sufficient to fall under the ambit of the federal chemical weapons statute, 18 U.S.C. §229(a)(1).