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                                                                                                 U.S. NEWS Thursday 19 March 2020
            Get out of jail? Inmates fearful of virus argue for release




            Associated Press                                                                                                    poses  its  own  challenge.
            NEW YORK (AP) — Corona-                                                                                             Courts  around  the  coun-
            virus has become a "get out                                                                                         try are shutting down, with
            of jail" card for hundreds of                                                                                       only  a  skeletal  staff  work-
            low-level  inmates  across                                                                                          ing. The chief federal judge
            the  country,  and  even                                                                                            in  Brooklyn  on  Monday
            hard-timers  are  seeking                                                                                           postponed  indefinitely  all
            their  freedom  with  the  ar-                                                                                      criminal  and  civil  jury  tri-
            gument that it's not a mat-                                                                                         als, encouraging judges to
            ter of if but when the dead-                                                                                        conduct court business via
            ly  illness  sweeps  through                                                                                        telephone  or  video  con-
            tightly packed populations                                                                                          ferencing  when  possible,
            behind bars.                                                                                                        and to delay in-person pro-
            Among  those  pleading  for                                                                                         ceedings.
            compassionate  release  or                                                                                          Prosecutors  said  in  court
            home  detention  are  the                                                                                           filings  that  the  Federal  Bu-
            former  head  of  the  Cali                                                                                         reau  of  Prisons  has  been
            drug cartel, President Don-                                                                                         planning  for  the  outbreak
            ald Trump's former personal                                                                                         since  January,  including
            attorney  Michael  Cohen,                                                                                           by establishing a task force
            Ponzi   schemer    Bernard                                                                                          with experts at the Centers
            Madoff  and  dozens  of  in-                                                                                        for  Disease  Control  and
            mates  at  New  York  City's                                                                                        Prevention.  The  BOP  last
            Rikers  Island,  part  of  a  jail                                                                                  week  suspended  visitation
            system that lost an employ-                                                                                         for all federal inmates, facil-
            ee to the virus this week.                                                                                          ity transfers, staff travel and
            "He  is  in  poor  health.  He  is                                                                                  training for 30 days. Newly
            81 years old," David Oscar   This combination of 2019 and 2002 file photos shows Michael Cohen, left, President Donald Trump's   arriving  inmates  are  being
                                         former personal attorney, outside his apartment building in New York and drug kingpin Gilberto
            Markus,  the  attorney  for   Rodriguez Orejuela leaving the Combita maximum security prison in Tunja, Colombia before ex-  screened  for  COVID-19,
            cocaine  kingpin  Gilberto   tradition to the United States in 2004.                                                and  even  asymptomatic
            Rodriguez-Orejuela,  wrote                                                                         Associated Press  inmates  deemed  to  be  at
            in  emergency  court  pa-                                                                                           risk are being quarantined.
            pers  this  week  seeking  his  billion  Ponzi  scheme,  had  been  tested  for  coronavi-  In  Los  Angeles,  the  na-  Immigration  and  Customs
            release after serving about  just asked last month to be  rus.                         tion's largest jail system has  Enforcement  announced
            half of a 30-year drug-traf-  released early in light of his  It's  not  just  attorneys  for  trimmed  its  population  by  that they would take similar
            ficking  sentence.  "When  terminal  kidney  disease.  the  wealthy  and  powerful  more  than  600  since  Feb.  steps.
            (not  if)  COVID-19  hits  his  Now  his  attorney  is  calling  seeking release.      28, allowing many inmates  Public health officials stress
            prison,  he  will  not  have  on all at-risk federal prison-  In New York, public defend-  with fewer than 30 days left  that  older  people  and
            much of a chance."           ers to be released for their  ers asked judges to release  on  their  sentences  to  be  those  with  existing  health
            While   widespread     out-  own safety because of the  older  and  at-risk  inmates  released  early.  In  Cleve-  problems  are  most  at  risk
            breaks  of  coronavirus  be-  coronavirus.                from the city's beleaguered  land, judges held a special  from  coronavirus  but  that
            hind bars have yet to hap-   "The  federal  prison  system  federal  jails,  saying  pretrial  session  over  the  weekend  the vast majority of people
            pen, the frenzy of legal ac-  has  consistently  shown  an  confinement  "creates  the  to  settle  cases  with  guilty  will only suffer mild or mod-
            tivity  underscores  a  crude  inability to respond to ma-  ideal  environment  for  the  pleas  and  release  more  erate symptoms, such as fe-
            reality that's only beginning  jor crises," Madoff attorney  transmission  of  contagious  than  200  low-level,  non-  ver and cough, with recov-
            to  sink  in:  America's nearly  Brandon  Sample  told  The  disease." The motions cite a  violent inmates. And in Mi-  ery in a matter of weeks.
            7,000 jails, prisons and cor-  Associated Press. "My con-  provision of the Bail Reform  ami, the top state attorney  But  such  assurances  are
            rection facilities are an ide-  cerns are even more ampli-  Act  allowing  for  the  tem-  has  urged  the  release  of  small solace for inmates.
            al breeding ground for the  fied for prisoners at federal  porary  release  of  pretrial  all  non-violent  felons  and  The  Twitter  account  of  Mi-
            virus, as dangerous as nurs-  medical centers and those  inmates under "compelling"  those being held on misde-     chael  Cohen,  Trump's  for-
            ing homes and cruise ships  who are aged."                circumstances.               meanors.                     mer attorney who is serving
            but far less sanitary.       As of Wednesday, two fed-    "I  truly  believe  the  jails  are  "No judge wants to have a  a  three-year  sentence  for
            Stepped-up       cleanings  eral  Bureau  of  Prisons  staff  ticking  time  bombs,"  said  dead  prisoner  on  his  con-  crimes  including  tax  eva-
            and  a  temporary  halt  to  members have tested posi-    David  Patton,  executive  science," said Bill Barzee, a  sion and campaign finance
            visitations  at  many  lock-  tive for coronavirus, a per-  director  of  the  Federal  Miami defense attorney.     violations,  shared  over  the
            ups  across  the  country  in  son  familiar  with  the  mat-  Defenders  of  New  York.  New  York  City's  Board  of  weekend  an  online  peti-
            the midst of the crisis can't  ter told the AP. One of the  "They're  overcrowded  and  Correction this week called  tion seeking the transfer of
            make  up  for  the  fact  that  staffers  works  in  a  correc-  unsanitary  in  the  best  of  for  the  immediate  release  non-violent  federal  prison-
            ventilation  behind  bars  is  tional facility in Berlin, New  times.  They  don't  provide  of all high-risk inmates after  ers  to  home  confinement.
            often  poor,  inmates  sleep  Hampshire,  and  the  other  appropriate  medical  care  an an investigator assigned  Addressed  specifically  to
            in close quarters and share  works in an office in Grand  in  the  best  of  times,  and  to the jail system died over  Trump,  it  argues  the  move
            a  small  number  of  bath-  Prairie,  Texas,  but  there  these certainly are not the  the  weekend  of  the  coro-  would "give the prison facil-
            rooms.                       were  still  no  confirmed  best of times."               navirus.  The  56-year-old  ities  additional  (and  much
            "Simply  put,  it's  impossible  cases  among  any  of  the  Some  authorities  around  man  was  said  to  have  a  needed)  medical  triage
            to  do  social  distancing,"  175,000 inmates in the BOP  the nation appear to agree.  pre-existing  health  condi-  and logistic space for those
            said  David  S.  Weinstein,  a  system, the person said. The  Police departments are in-  tion  and  only  limited  con-  who will become infected."
            former  federal  prosecutor  person, who wasn't autho-    carcerating  fewer  people,  tact with inmates. The city's  "Without  your  intervention,
            in Miami.                    rized  to  discuss  the  matter  prosecutors are letting non-  jail system has about 8,000  scores  of  non-violent  of-
            The  81-year-old  Madoff,  publicly  and  spoke  to  the  violent  offenders  out  early  inmates,  most  at  notorious  fenders are at risk of death,"
            who  is  serving  a  150-year  AP  on  condition  of  ano-  and judges are postponing  Rikers Island.               it reads, "and these people
            sentence  for  bilking  thou-  nymity, would not say how  or finding alternatives to jail  However,   accommodat-   were  not  given  a  death
            sands of investors in a $17.5  many inmates, if any, have  sentences.                  ing  the  surge  of  requests  sentence."q
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