| Amid Covid 19 SDNY US
Attorney Misstates Risk Status of Rivas and
Judge Engelmayer Detains
By Matthew
Russell Lee, Patreon
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SDNY COURTHOUSE,
April 9 – What happens when
the US Attorney's Office
misrepresents the high-risk
status of an inmate in the
Metropolitan Detention Center
and a Federal Judge replies on
it to deny release, amid the
Coronavirus pandemic?
The
question is raised by Inner
City Press as to Kelly Rivas -
not sua sponte, but
based on this letter by
Assistant US Attorney Danielle
R. Sassoon:
" April 9, 2020
BY ECF The Honorable Paul A.
Engelmayer United States
District Judge United States
District Court Southern
District of New York 40 Foley
Square New York, N.Y. 10007
Re: United States v. Kelly
Rivas, 19 Cr. 529 (PAE) Dear
Judge Engelmayer:
Although the
Court’s April 9, 2020 Order
denying the defendant’s motion
for bail states that it is not
premised on the Government’s
argument that “Ms. Rivas has
not established that she is in
a high-risk category with
respect to COVID-19,” the
Government nonetheless writes
to clarify a misimpression
potentially created by its
April 8, 2020 opposition to
the defendant’s motion for
bail.
The Court’s order
noted that “[i]t does not
appear . . . that [the
defendant] has been designated
by the Bureau of Prisons as
being at high-risk with
respect to COVID-19.” Dkt. No.
26.
The defendant,
however, was included
on the MDC’s high-risk list.
After receiving the MDC’s
list, the Government requested
the defendant’s MDC medical
records on March 31, 2020, and
they were provided that day.
Because it was not apparent
from the defendant’s medical
records, the Government asked
the MDC on March 31, 2020 for
more information about why the
defendant was deemed
“high-risk.” The Government
did not receive a response.
The Government also discussed
the defendant’s medical
conditions with defense
counsel. Based on the
available information—and
despite the defendant’s
inclusion on the MDC
“high-risk” list—the
Government concluded that
there was an insufficient
basis to deem the defendant at
high risk for severe
complications from COVID-19.
Respectfully submitted,
GEOFFREY S. BERMAN United
States Attorney By: /s/
Danielle R. Sassoon Danielle
R. Sassoon/ Hagan Scotten/
Daniel G. Nessim Assistant
United States
Attorneys."
This letter came
AFTER Judge Paul A. Engelmayer
ruled that "It does not
appear, however, that she has
been designated by the Bureau
of Prisons as being at
high-risk with respect to
COVID-19... The Court denies
Ms. Rivas’s application for
release."
Wait - "does not
appeal" based on a
mis-statement? The case is US
v. Rivas, 19-cr-529
(Engelmayer).
***
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