The Prisoner's Guide to Surviving the Crisis; What to Expect
this Week
by Derek Gilna
In an
ironic twist of fate, the rest of the country is struggling to cope with what
you deal with every day-a lack of freedom in an upside-down world. Free
movement has been restricted; the streets of New York, Chicago, and Los Angeles
(but not Indianapolis) are empty, (like right before "count");
supplies (but not food) are in short supply; access to health care is not a
given. No wonder that on Sunday night
the President, in response to a reporter's
question, said that the federal government is seriously considering a
release of non-violent and elderly detainees, echoing a similar demand from
Senator and failed Democratic Presidential candidate Kamala Harris, and many
others. That demand will only get louder and stronger. No one as of today has,
however, been set free.
Harris,
echoing the thoughts of many of her colleagues, demanded that the AG and DOJ
reveal the current ratios of health care providers to prisons, and how many
virus testing kits and ventilators they have available. She also demanded that
they reveal their plan for release of elderly, ill, or pregnant prisoners. So
far, only the prison complex on Rikers
Island New
York
The federal
prison system, which is teetering on a systemic breakdown, is finally reaping
the whirlwind of its own poor management and lack of compliance with
Congressional oversight. What if all of the hundreds (thousands?) of recent,
well-founded requests for compassionate and elderly release had been granted,
instead of uniformly opposed? These people would now be with their families.
The Supreme
Court has barred public contact, and is in an effective holding pattern. The presiding judge of the Northern District
of Illinois has issued Amended General Order 10-0012, ending all but emergency
court proceedings, closing the Clerk's office, and extending all proceedings
until April 6 with "ends of justice" orders. Most other districts
already have, or will follow suit, effectively slowing down all but emergency
matters.
All of you
with pending cases currently lodged with us or our organization can rest
assured that we are racing to amend all filings to reflect the current
crisis and demanding your immediate
transfer to home confinement without further delay. Those of you who wish to file similar
documents should have your families contact us to also benefit from that kind
of filing. Judges do have authority, with or without the provision of the FSA,
to act decisively on these matters. Emergency motions are being heard.
In Northern
California , U.S. Magistrate Judge, Nathaniel Cousins last week
outlined a procedure for reopening matters based upon the new realities,
stating, "This public health crisis is serious and urgent. Counsel should not delay in evaluating
whether any defendant should have his (court proceeding) reopened."
We will
revisit the issue of how to attack your "knowing and voluntary"
guilty plea in a future issue. In the
meantime, stay safe, and let not your heart be troubled.
Federal Legal Center, Inc., Derek A. Gilna, JD, Director
(Also in Indiana dgilna1948@yahoo.com
