| Bizzarro Confined to SHU
Despite Fiance With Mask Now Subject to SDNY
Recommendation
By Matthew
Russell Lee, Patreon
BBC
- Decrypt
- LightRead - Honduras
-
Source
SDNY COURTHOUSE,
April 13 – John Bizzarro, who
pled guilty to filing false
affidavits before Magistrate
Judge Lisa Smith, is arguing
for release from detention due
to Coronavirus crisis.
His lawyer
has been unable to speak with
him but on April 13 told U.S.
District Judge For the
Southern District of New York
Chief Judge McMahon that
exhaustion of administrative
remedies is moot.
Assistant US Attorney Dan
Nessim opposed it, stateing
that "on April 9, 2020, the
defendant emailed the instant
motion to the Court's
deputy." Inner
City Press, which alone
covered the hearing, noted
that the motion was not in the
PACER datebase, only the US'
opposition. It seemed that the
Bureau of Prisons granted
Bizzarro's release but he's
still under quarantine.
Bizzarro's lawyer wanted Judge
McMahon to order BOP to
release him immediately,
telling her that Bizzarro's
fiance was willing to pick him
up, with mask and gloves.
AUSA Nessim cut in, that He
has not been ordered released.
His sentence is not up until
July. Where he serves it is
entirely up to BOP. The Court
can only release him under
compassionate release, which
requires exhaustion of
remedies. All the Court could
do is make some recommendation
to BOP.
Chief Judge McMahon remarked,
We are making a good guess
that he is under pre-release
quarantine... The BOP is bound
by the Attorney General's
directive, about pre-release
quarantine. The compassionate
release remedy is statutory,
not judicially created, and
requires exhaustion. It is my
recommendation BOP release him
to home confinement once
quarantine is up.
AUSA
Nessim said he would convey
this recommendation to the
BOP.
Bizzarro remains
in the SHU - the Special
Housing Unit that is usually
used only for discipline. The
case is US v. Bizzarro,
18-cr-675 (McMahon).
***
Your
support means a lot. As little as $5 a month
helps keep us going and grants you access to
exclusive bonus material on our Patreon
page. Click
here to become a patron.
Feedback:
Editorial [at] innercitypress.com
SDNY Press Room 480, front cubicle
500 Pearl Street, NY NY 10007 USA
Mail: Box 20047, Dag
Hammarskjold Station NY NY 10017
Reporter's mobile (and weekends):
718-716-3540
Other, earlier Inner City Press are
listed here,
and some are available in the ProQuest
service, and now on Lexis-Nexis.
Copyright 2006-2020 Inner City
Press, Inc. To request reprint or other
permission, e-contact Editorial [at]
innercitypress.com for
|
,
