| SDNY
Defendant Freed On Condition of Getting
COVID Vaccination, Inner City Press
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By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
August 16 – A defendant
seeking pre-trial release has
been granted it on condition
she get vaccinated for
COVID-19. Inner City Press
live tweeted it here:
U.S. District
Court for the Southern
District of New York Judge
John G. Koeltl has referred
bail review petition of
Elouisa Pimental to Judge Jed
S. Rakoff as Part 1 SDNY judge
for the week. (Judge Koeltl is
away).
Judge
Rakoff asks, If she
vaccinated?
Federal Defender
Ian Marcus Amelkin: No, it's
been offered, but no.
Judge Rakoff: So
she welcomes the chance to
infect others?
Federal Defender:
Many of our clients are
skeptical about the
vaccine.
Judge Rakoff: Do
I have the power to release
her on the condition that she
have the COVID 19 vaccine?
FD: (Laughs. Then
says) She didn't understand
since offered didn't speak
Spanish
FD: She is
interested in receiving the
vaccine.
Judge Rakoff: If
I have the power to release
her on condition she stay 24
hours in home confinement, to
protect others, how don't I
have the power to order her to
have the vaccine and thus
prevent danger?
FD: I haven't
thought about it. Judge
Rakoff: That's fair. I
appreciate your honesty. We'll
see what the government
thinks. AUSA: She faces a
significant sentence. It's
1.25 kilos of fentanyl. She
faces 71 months. Judge Rakoff:
The sentencing guidelines are
blatantly irrational. AUSA:
She has no ties to the US. She
came at 18, she is 24. Her 2
kids live in the Dominican
Republic
AUSA: The
defendant did contact her
supplier before turning
herself in. She said she
wanted to become a police
officer. We don't credit that.
And we think she was not aware
of the consequence - now, I
think, she i more likely to
flee.
Judge Rakoff: The
defendant has raised her hand.
Let her talk to her counsel.
Federal Defender: She has a
work history. She worked at a
restaurant in The Bronx for 3
years until the pandemic, and
before that as a barmaid,
albeit off the books.
Judge Rakoff: Did
she notify her supplier?
Federal Defender: Yes, because
otherwise her family would be
a risk. Judge Rakoff: If they
thought she might spill the
beans, doesn't that increase
her risk? FD: Good point. But
the package was seized.
Judge
Rakoff: She is not going to be
released until she at least
receives the first shot - if
it's the two shot set, the
second must be had within 30
days. $100,000 bond, signed by
two financially responsible
people at least one of whom is
a member of her family.
Judge Rakoff: Get
me the order and if it's in
order, I'll sign it. She will
not be released today.
FD: On her own
signature?
Judge Rakoff: No,
all the condition have to be
met. Adjourned.
The case is US v.
Pimental, 21-cr-451 (Koeltl /
Rakoff)
***
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