Federal public defenders in Kansas want some inmates released to avoid coronavirus
Federal public defenders in Kansas say vulnerable defendants in custody awaiting outcomes in their cases should be let out of jail, citing the danger of a possible coronavirus outbreak in detention facilities.
But the U.S. Attorney’s Office in Kansas has opposed these requests in recent weeks, saying in court filings that the threat of coronavirus in private detention centers in Kansas so far is speculative and not persuasive enough to release defendants into the public.
The Federal Public Defender’s Office released a public statement on Tuesday, the same day that the Kansas Corrections Department announced that eight prisoners and seven staffers at a state prison in Lansing have been infected with coronavirus.
“COVID-19 has devastated overcrowded jails that were unprepared for this pandemic,” said a statement by Melody Brannon, a Kansas federal public defender. “Kansas is next.”
U.S. Attorney for Kansas Stephen McAllister said in a statement that his office is considering requests on a case-by-case basis, following guidance from Attorney General William Barr, and has not been indicting new cases because grand jury meetings have been suspended.
“With no reported COVID-19 cases within any facilities housing any District of Kansas detainees, we have not agreed to release detainees simply upon request but instead have let the courts decide whether such inmates should be released,” McAllister said in the statement. “If circumstances in any of the detention facilities change, we obviously will revisit and revise our approach as necessary for the safety of detainees and the public, both of which we have to consider.”
McAllister also noted that releasing a defendant from custody does not guarantee they will avoid all risk of exposure from coronavirus.
Kansas, like most states, has public orders in place for non-essential businesses and schools to close their buildings, residents to generally stay at home and avoid large gatherings and encouragements to practice good hygiene.
Jails are often overcrowded and unclean, prompting worries from Brannon and other advocates for inmates that a coronavirus outbreak could be particularly troublesome for a captive population.
“For example, as of this past weekend, the COVID-19 infection rate at New York City’s Rikers Island Jail was 7 times higher than the rate in New York City overall, and an astounding 77 times higher than the infection rate for the United States,” reads a March 31 letter by Brannon and other defense lawyers that was sent to Kansas Gov. Laura Kelly.
Brannon, in an email to The Star, said her office’s clients involve people awaiting trial who have not been convicted, those who have been convicted and await sentencing and those who are on supervised release but were taken back into custody for alleged violations and await a judge’s decision.
“Within those three categories, we are seeking release of clients who are at high risk medically, or who are accused of low level offenses or have a very short term to serve,” Brannon said.
One defendant in Kansas, Michael Calvert who was indicted last year with several others on charges of drug conspiracy and possession charges, has sickle cell disease, which can weaken immune systems of those who have it. Coronavirus carries greater risk to those with compromised immune systems.
Calvert’s attorneys on March 17 filed a motion for temporary release from custody until the risk of coronavirus infection in jail was lessened. The motion said Calvert had a friend in Manhattan, Kansas, he could stay with and would submit to electronic monitoring of his whereabouts.
Days later, the U.S. Attorney in Kansas filed a response opposing Calvert’s temporary release, arguing that there were no coronavirus cases in the Kansas federal jail that’s run by private contractor Core Civic. And, the prosecutors note, the jail has taken steps to reduce inmate exposure to coronavirus and they are effectively quarantined from the public while in custody.
“The nature and circumstances on which he bases his claim, while logically arguable, are not ripe for consideration and are too speculative to grant the relief sought,” reads a motion by assistant U.S. attorney Skipper Jacobs.
A magistrate judge on March 26 denied Calvert’s release.
Earlier this week, Barr encouraged federal prosecutors to consider the risks of sending the accused to jail during the pandemic.
“Even with the extensive precautions we are currently taking, each time a new person is added to a jail, it presents at least some risk to the personnel who operate that facility and to the people incarcerated therein,” Barr’s memo said, according to Politico.
“And we remain hopeful that federal prosecutors will take A.G. Barr’s directive to heart,” Brannon’s statement said. “But this needs to happen now...We are already too late for some. That does not mean we should abandon the rest.”
This story was originally published April 7, 2020 at 3:55 PM.
