Donna Aldea, the Partner in charge of the firm’s Appellate and Post-Conviction Litigation Group, successfully persuaded a Federal Judge to grant an application for compassionate release for a client who had served less than half of his 20-month sentence. Attorney Aldea was successful even though he had not been identified as a being at high-risk of COVID-19 complications by the Bureau of Prisons, and even though he was not eligible for release under Attorney General Barr’s directives permitting early release of some inmates. The client, who was 63 years old and suffering from Crohn’s disease, was housed at a facility where the Coronavirus was rapidly spreading. His family was concerned for his life and safety and turned to us for help.
Within two days of being retained, Aldea had drafted two motions to the Bureau of Prisons seeking his release. Four days later, when due to staff shortages, these motions remained unanswered, Aldea filed a motion in the United States District Court. Within the week, our client was released pursuant to the Court's decision. Contrary to the Bureau of Prisons’ medical assessment, the client was positive for COVID-19 and required urgent medical care and hospitalization. He is currently recovering, and certain that if he had remained in prison, he would have died in his cell.
To learn more about this process, take a listen to Donna Aldea's timely and important presentation for the New York State Association of Criminal Defense Lawyers (NYSACDL), "Navigating the Course for the Release of Pre-Trial and Post-Conviction Prisoners Threatened by COVID-19 in State and Federal Jails." Sign up HERE and receive three skills credits for viewing the entire program.
If you are an attorney, inmate, or the family member of an inmate seeking help, our lawyers have the unique skills and experience to help you. Reach out to Barket Epstein Kearon Aldea & LoTurco, LLP by calling us at (888) 779-0267 or contacting us online.