Frank Raia began his 3-month jail sentence on March 3, 2020 at FCI Fairton, a medium security federal prison in Cumberland County, New Jersey. On that day, there were only 64 known cases of coronavirus in the United States, with 2 deaths.
By March 24, coronavirus had spread across America like a brush fire with 42,164 total confirmed cases and 471 total deaths.
Also on March 24, Frank Raia's new attorney, Lee Vartan, Esq. of Chiesa Shahinian & Giantomasi PC, filed a 30-page letter brief to Judge Martini requesting "compassionate release and to reduce his sentence to time-served or to serve the remainder of his sentence on home confinement."
The letter brief referred to Raia's age and health conditions, "diabetes... a rapid heart rate" and Parkinson's, which would put him in danger if he were exposed to coronavirus. Vartan concluded:
The letter brief referred to Raia's age and health conditions, "diabetes... a rapid heart rate" and Parkinson's, which would put him in danger if he were exposed to coronavirus. Vartan concluded:
"Given that Mr. Raia is 68-years-old and suffers from significant underlying health issues— conditions that would qualify him for compassionate release on their own—he is exceptionally vulnerable to COVID-19, and compelling and extraordinary circumstances thus exist to support his release."
U.S. v. Francis Raia, Defen... by GrafixAvenger on Scribd
Two days later, the Department of Justice fired back.
In a five-page letter brief, U.S. Assistant District Attorneys Sean Farrell and Rahul Agarwal summed up their opposition to Raia's motion as follows:
"Accordingly, the Court should deny the motion because: (1) it does not have jurisdiction to consider it given the pendency of the Government’s appeal challenging Raia’s sentence; (2) Raia has not given the BOP the time required by § 3582(c)(1)(A) to consider his request; and (3) Raia has failed to demonstrate that there are “extraordinary and compelling” circumstances supporting his release given that the BOP has extensive policies in place to prevent and mitigate the transmission of COVID-19 and that no inmate or personnel at FCI Fairton have tested positive for the virus as of the time of this filing."
U.S. v. Francis Raia, DOJ O... by GrafixAvenger on Scribd
On March 26, 2020 the court ruled on Raia's motion for compassionate release: DENIED WITIHOUT PREJUDICE.
Looks like he is in a bunch of risk groups. If it's spreading in that prison, it's a reasonable request, no? I have no appetite for anyone's blood. The people who continue to grind old axes (see alternative facts blog) give me the willies.
ReplyDeleteI tend to agree. But the court decided that it's out of their jurisdiction to grant the motion because the government's appeal is pending at a higher court. The motion was denied "without prejudice" so Frank can try again after the appeal is decided. Of course, by that time he'll probably be done serving the 3 months.
DeleteConsidering who/what they're letting out of prisons, this feels wrong (despite the legal reasons behind it).
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