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In Federal Butner Jail Guiliano Had COVID and Raw Onion For Dinner Decision Reserved

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, May 8 – Robert Guiliano is in Federal prison for wire fraud to defraud produce growers and shippers. He is also COVID-19 positive.

  On May 8 he sough release from FCI Butner medical prison, before U.S. District Court for the Southern District of New York Judge P. Kevin Castel. Inner City Press covered it.

His lawyer Elliot Fuld of the Grand Concourse in The Bronx told Judge Castel about a Butner inmate who said he felt fine then died. He said Guiliano's bed in Butner is one foot away from another inmates: "there is no social distancing."

   Fuld said Assistant US Attorney Timothy Capozzi's presentation about Guiliano's menu in Butner is false - he is getting "raw onion, it's ridiculous."

  Inner City Press has looked in the docket and found the onion reference. Fuld wrote, "Yesterday for his boxed dinner he was given a whole raw green pepper, a whole yellow onion, hard boiled egg, pieces of bread and packets of peanut butter." 

     By contrast, ASUA Capozzi filed a "Weekly Menu - As Served" Butner FCC with an illegible signature of a Food Service Administrator. There's was lunch with boiled eggs - but it has tater tots and salsa, and cheddar cheese. No raw onion anywhere. 

  Judge Castel said, At the moment, no one on this call would wish COVID-19 on anyone. It's a scourge on the population.  He was sent out to the Duke Medical Center on May 1 and returned on the same day. Butner has 31 inmates positive. 

Judge Castel said he is concerned for the defendant, he thinks about him, how could he not. He asked why his lawyer Fuld hasn't asked the Bureau of Prisons to furlough him.

   Fuld replied that the BOP is slow.

    Judge Castel said, Congress has a 30 day requirement. Where does a judge get off changing it to 14 days? Some call that judicial tyranny. 

  Fuld said, In this case no one would call it judicial tyranny. 

   Judge Castel said,  I'll reserve on that. I'll put this off a week, and we'll see if the defendant applies to the BOP, or if the US Attorney's Office agrees to not require exhaustion. In the meanwhile Mr. Guiliani will be in my thoughts. The case is US v. Guiliano, 18-cr-548 (Castel). 


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