Monday, February 8, 2021

BOP Incompetence Reflected in COVID Spikes at Carswell, Pollock, Rochester, and Other Prisons; Additional Stimulus Bill Close to Passage

 

Third Stimulus Check of $1400 Probable: FMC Carswell and other Facilities Stagger Under New COVID Outbreak

 

by Derek Gilna

 

            A third stimulus check, for $1400, appears probable, but is NOT yet final. .   However, it is still unclear how and when individuals in custody will receive it, If you previously received at least one of the checks, you should receive this one via the same means and at the same address as previous payments. It becomes even more important to get your 2020 1040 on file, so that you get into the IRS computer system and then provided to the Treasury Department for their disbursements. More details to come.

            Federal prisoners during the COVID-19 pandemic have lived with the dangers and dehumanizing effects of  bureaucratic bungling on a daily basis, but the current outbreak at FMC Carswell is a test for even the most determined. The Fort Worth Star Telegram has taken the lead in exposing the extent of the tragedy there, noting that it had the "second most COVID-19 cases out of all federal prisons...behind only Pollock FCI in Louisiana (285)." However, the true number is probably closer to half of Carswell's 1300 women, and doesn't even account for those getting ill for the second time, or  those who have "recovered" suffering from untreated long-term side-effects, a national disgrace. . FCI Tallahassee also continues to suffer, with all units reporting high infection county and on lockdown.   There are so many cases that there is no way to isolate them in a special unit. CDC and other outside agencies are now on site. FMC Rochester and other sites continue to report cases in the hundreds.          

            DOJ is still clueless as to how to stem the up and down trend of infection and reinfection, and poorly positioned to fight the newest variants of the virus, predicted to become common by March.   DOJ clearly has NO PLAN in treating those with long-tern symptoms, and continues its policy of deliberately undercounting the infected (See FPC Duluth, showing one case, when there are closer to 40, with others in the hospital).  CDC also recently noted that schizophrenia is the 2nd highest risk factor for dying of the virus, after age. Journal of JAMA Psychiatry, February, 2021. The inability (or unwillingness) of DOJ to properly segregate the infected, an erratic testing procedure, and official indifference, persists everywhere. Compassionate Releases will clearly continue to be an important avenue for relief for many months to come.

            U.S. Attorneys offices around the country have been instructed by DOJ to prioritize locating and prosecuting suspects in the Capitol siege, (other than other offenses?)  while the agency braces for probable marijuana legalization in the near future, the legislative elimination of the disparity between powder and crack cocaine,  and the prospect of defending thousands of new prisoner filings if the changes are made retroactive.

            I get many questions from those who fear that Biden will be Obama 2.0 when it comes to broad reform: a lot of hype with only minor reforms. However, Trump "blew up" the old way of looking at sentence relief with FSA, forcing Biden to think bigger.  His DOJ will look much different, as more progressive officials like Vanita Gupta and Kristen Clarke begin the task of reshaping the agency.   Will he go bold and appoint a new prisons director?. Another key is getting more progressive U.S. Attorneys appointed in districts where offices have been used as "farm teams" for young, ambitious, and often ruthless prosecutors seeking higher office on the backs of overcharged defendants.

            Although DOJ seems determined to limit sentence credit for work and institutional educational programs, this will come under intense Congressional scrutiny.   Also remember that Pell grants will soon be available for those seeking to further their education while imprisoned., an important development.

            One area where DOJ will probably not change is in its hunger for money, a strange priority in a federal government where a billion dollars is often treated as a rounding error. The DOJ playbook on white-collar matters is simple: blame a problem, like opiods, on a deep-pocket defendant that they can tap for millions, like Purdue Pharma ($573 million), while trolling for small-fish to criminally prosecute to get headlines.   Also, is a national scandal brewing on what the government does with the moneys forfeited by defendants, but never finds its way to "victims?"  

            Fortunately, courts are still carefully considering petitions for relief based upon FSA language and "covered offenses." An interesting case asked the question of  whether a conviction for a "dual object conspiracy is a 'covered offense' under Section 404(a)"  and granted relief. U.S. v. Winters, 20-30138, (5th Cir. 2-3-21).  In US v. Sherwood, 20-4085, (6th Cir. 2-2-21), the court remanded an SO case for resentencing after a CR request was denied, citing the lack of proper explanation for the denial. 

            Be not afraid, and let not your heart be troubled.

 

Federal Legal Center, Derek A. Gilna, JD, MARJ, Director

113 McHenry Rd. #173, Buffalo Grove, IL   60089 (and in Indiana)

dgilna1948@yahoo.com, blogging at "Derek Gilna's Criminal Justice Blog."