EXCLUSIVE: Frank Raia released from jail to home confinement!

It's true... Hoboken politico Frank Raia is outta jail in court-ordered home confinement, and there's still no pahkin' in Hoboken.

Convicted of vote-by-mail fraud in Hoboken's 2013 election cycle, Frank began serving his 3-month jail sentence at FCI Fairton on March 3, 2020. At that time, there were just 2 coronavirus deaths in New Jersey. Since then, the virus has swept our state like a brush fire, with severe outbreaks in nursing homes and in prisons.

FRANK STRIKES OUT

Consequently, on March 24, Raia's new lawyer, Lee Vartan, 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." Vartan argued that Frank's age (68) and pre-existing conditions (diabetes, chronic heart ailment) made him particularly vulnerable to coronavirus. U.S. Assistant District Attorneys Sean Farrell and Rahul Agarwal opposed Frank's release. On March 26, Raia's request for compassionate release was denied without prejudice.

FRANK TRIES AGAIN

On May 6, Vartan filed a new brief, asking Judge Martini to reduce Frank's sentence to time-served, or else, order that he serve the remainder of his sentence on home confinement. Raia's lawyer argued:

"When the Court issued its indicative ruling on March 26, there were no reported instances of COVID-19 at FCI Fairton. Today there are two. BOP seeks to quarantine Mr. Raia for two weeks at FCI Fairton before releasing him to home confinement. Tragically, a lot can—and has happened— in just a few weeks. Three weeks ago, FCI Fort Dix, New Jersey’s only other BOP facility, had one reported infection. Today, 40 inmates and 3 staff are infected.

...Indeed, the best evidence that BOP cannot control the spread of COVID-19 is that BOP has completely failed to do so. BOP first began issuing medical and screening guidance in January and February, instituted a nationwide lockdown on March 24, and yet BOP’s self-reported numbers show a steeply-rising curve and likely significantly undercount the reality.

With COVID-19 already at FCI Fairton, two weeks of quarantine for Mr. Raia given his age and health are two weeks too long."

The government opposed. Their argument:

"First, 2,023 inmates in BOP custody have cleared quarantine and been released to home confinement pursuant to the Attorney General’s March 26, 2020 memorandum, including 27 inmates from the Fairton satellite camp where Raia currently is under quarantine.

Second, no inmates at Fairton have tested positive for COVID-19. Although the BOP’s website indicates that two staff members have tested positive, the Government understands that these two individuals contracted COVID-19 while working at another BOP facility and the positive tests only were attributed to Fairton because Fairton is the staff members’ full-time duty station.2

Third, neither Raia nor any inmate with whom he is in quarantine at Fairton’s satellite camp presently is exhibiting any symptoms of COVID-19.

In light of the foregoing, the Government respectfully submits that, in light of all of these circumstances, including Raia’s impending release to home confinement, he has not met his burden to show that there are “extraordinary and compelling” reasons warranting a reduction in his sentence under § 3582(c)(1)(A)."

HOME RUN
The following day, May 7, Judge Martini entered his decision. The Order read in part:

"Defendant argues his advanced age, health conditions, and the global COVID-l9 pandemic justify his compassionate release. ECF No. 90. The Government responds that, inter a/ia, given Defendant’s May 20, 2020 scheduled release, a sentence reduction is unwarranted. Opp. at 2, ECF No. 90. The Court will not reduce the length of Defendant’s sentence, but finds home confinement more appropriate than a term of incarceration.

In a March 26. 2020 indicative ruling, this Court found that Defendant’s previous application had “substantive merit” and he “should be released to home confinement.” ECF No. 86 (applying Rule 37(a)(3)). Since the Court’s indicative ruling, the outbreak of COVID-19 has worsened... Despite the Government beginning the process of releasing Defendant, it cannot sufficiently guarantee his safety during the mandatory quarantine period. The Government may also change course or otherwise delay release.

...The crime here was non-violent and Defendant has otherwise been a highly productive, charitable member of his community. The Court adds that Defendant is not a flight risk, especially in light of the global pandemic. For these reasons, the Court will permit Defendant to serve the remainder of his custodial sentence in home confinement."

COURT ORDER

United States v. Francis Raia, May 7, 2020