More States Commit to Testing All Prisoners, but DOJ Doesn't,
Understates Covid-19 Numbers
by Derek Gilna
As more
states all of their prisoners to determine the full extent of Covid-19 illness,
DOJ continues to minimize its problem. AG Barr implied in response to questions
from Congressman Bobby Rush (D., Ill.) that DOJ had released 5000 prisoners to
home confinement in response to the pandemic, when the true number is certainly
less than 2000. However, it is highly likely that he was only passing along
numbers given him by the prison bureaucracy of ALL
prisoners released to home confinement at the end of their sentence. The fact remains that DOJ only tests
prisoners when they start showing symptoms, such as high fever, but ignores the
reality that health experts say the disease can still be spread by individuals
who do NOT show any symptoms of illness.
What has
happened in one of the few DOJ facilities where everyone has been tested? At FCI Terminal Island ,
California FMC Carswell
has almost 300 confirmed cases. These
results show that probably closer to fifty percent of all federal
prisoners and staff are infected. Anecdotal information show that the virus is
in all federal holding facilities and prisons in ever-increasing numbers, and
the public is taking notice that it also is at risk as a result. Clearly, the
time for all qualified prisoners to apply for Compassionate Release is now.
One of the
probably outcomes of the pandemic is that judges will probably be taking a
closer look at the sentences they are giving, given recent case filings that reveal
the true lack of health care and cleanliness in the federal prison system. There is evidence that some are taking a more
expansive view of First Step relief, as noted in US v. Shaw, 19-2067 (consol.),
(7th Cir. 4-28-20 ). The court said there in reversing a district
court (dc) denial of FSA relief, "that a court needs to look only at a
defendant's statute of conviction, not to the quantities of crack...(because)
covered offenses... committed before August 3, 2010 (are eligible. The court
went on to say, that it should consider,
"may it reduce the sentence, (and) should it."
In U.S. 5-1-20 ),
the court vacated and remanded, finding that in a 18 USC
922.(g)(1) and 924(a)(2) case, the dc incorrectly a two-level increase for
"using a minor to commit a crime...(that should) not have applied."
In US v. Jordan 5-1-20 )
the court affirmed the dc grant of a new trial "on the basis of
prejudicial outside influence on the jury," where "a court employee
told the district judge's law clerks that he had spoken to one or more jurors
about the case during deliberations." In Jimerson v. Payne, the court
found the defendant entitled to relief
"based upon multiple Brady violations, multiple Giglio violations, (and)
the prosecution's failure to correct false or misleading testimony as required
under Napue v. Illinois
Stay safe,
and let not your heart be troubled.
Federal Legal Center, Inc., Derek A. Gilna, JD, Director
(Also in Indiana dgilna1948@yahoo.com
