WHY WE NEED YOUR SUPPORT:
We initially created this petition to garner support for my son, who is in federal prison, and who was infected by COVID-19 and became very ill. He was so ill that he needed injections to stop the vomiting so that he didn't become even more dehydrated and have to be rushed to the hospital. His family wants him home and safe.
We also wish to seek support for all inmates similarly situated. Our loved ones should not be imprisoned during this pandemic if they have COVID-19 risk factors, and especially if they are a minimum security risk. Many inmates should have never been imprisoned in the first place.
The time to make change is now. The public is disgusted at the disgraceful badge that America has pinned to its chest for the most incarcerated person's than any other country.
According to the Prison Policy Institute, almost 1 out of every 100 people are incarcerated in our America (that's .7% of our population). Or how about this: 1 out of every 5 prisoners in the WORLD are in the U.S.? How sad and unfortunate.
Please do your part by signing and sharing this petition. Please. Our loved ones are depending upon your support.
Donations aren't necessary, but any made will go towards my son's legal expenses.
INTRODUCTION:
My son is at the federal prison camp in Berlin N.H. (a minimum security inmate) serving a 14 year sentence for multiple financial crimes and a drug count. He was recently infected with COVID-19 due to staff not wearing masks, became very ill, and was placed in isolation, where he struggled through the infection, without the ability to communicate with his lawyer or family. My son has several COVID-19 risk factors, including historically low white blood cell count, latent tuberculosis, childhood asthma, high cholesterol (heart disease), and a BMI of 27.
Upon being infected with COVID-19 my son became so sick that he needed injections to keep him from vomiting and becoming even more dehydrated. For more than three days, my son had a racing heart rate of 115-120 beats per minute, was vomiting, couldn't eat (the food tasted like chemicals), was constipated, had troubles breathing, was dehydrated and had intense intestinal pain. My son had to suffer through this horrible infection while confined and isolated to a prison cell without the ability to reach out to us, those that love him, or his attorney.
This was a terrifying experience for all of us. My son's crimes of conviction do not warrant such punishment.
My son's lawyer, Attorney Lori Levinson, has filed for Compassionate Release three times but has been denied by my son's sentencing judge (Judge Timothy Hillman from the District of Massachusetts) on each occasion, despite there being very good reasoning to allow my son to finish his sentence on home confinement.
COMPASSIONATE RELEASE REQUESTS AND THE COVID PANDEMIC:
Inmates are filing Compassionate Release motions with the Courts due to the risks associated with the COVID pandemic and many judges are sending inmates with COVID risk factors home, especially if they are at a minimum security facility like my son. At my son's institution, there's room for 120 inmates but now there are less than 30 because most judges are sending inmates home who are at-risk. My son's judge is being overly harsh, is refusing to recognize the risk to my son's health and life, and is refusing to mitigate that risk by allowing him to serve the remainder of his sentence on home confinement.
Please be sure to read about the discrepancies in Judge Hillman's Compassionate Release rulings below. He denied my son, but granted another inmate his Compassionate Release request. Both were from the same facility. Both were infected with COVID.
FROM THE START:
When the initial COVID-19 outbreak began, my son was at the federal prison in Ayer, MA. His lawyer filed for Compassionate Release immediately. Judge Hillman acknowledged my son's COVID risk factors, but denied that first request stating the above and that the prison was handling the outbreak adequately. The judge stated that he would reconsider if there were a change in my son's circumstances.
A short time later, my son's roommate then became infected by COVID because he was kept working in another unit even though inmates were supposed to be sheltering in place. My son was placed in quarantine for 21 days (24 hours per day in a cell) but luckily tested negative. His lawyer filed for Compassionate Release a second time since circumstances had changed (my son almost became infected by his roomate). Yet, Judge Hillman still denied the motion without a statement of reasons, but said, again, that he'd reconsider if circumstances changed.
My son was then transferred to the federal prison camp located in Berlin, N.H. En route to the prison, my son spent an additional 56 days in isolation (24 hours per day in a cell) in preparation for the transfer. After being released to the camp, he became infected when several staff entered the camp unit without masks on. He was placed in isolation for another 21 days (24 hours per day in a cell).
As mentioned above, my son became very ill and so his lawyer filed for Compassionate Release a third time, adding in the fact that he had spent over 100 days in isolation (24 hours per day in a cell) by that time. Judge Hillman denied my son Compassionate Release for a third time on January 12, 2021. And again, the judge stated that he'd reconsider if my son's circumstances changed.
What other circumstances could change that would be worse than being infected with COVID and becoming seriously ill? Death? Judge Hillman's reasoning makes little sense.
My son's lawyer appropriately addressed the conundrum caused by the Judge's "if circumstances change" rulings in her third motion for Compassionate Release:
"Insofar as Perry has already contracted the coronavirus while in federal custody, one can only wonder what further “change in circumstances” would sway the Court to grant his motion. Would Perry have to be on a ventilator, gasping for air as a result of a reinfection before this Court chooses to act? Will Perry face the same outcome as the defendant mentioned by the court in United States v. Armstrong, 2020 U.S. Dist. LEXIS 135313, 2020 WL 4366015, at *3 (S.D.CA. July 30, 2020),where an inmate who had been pronounced “recovered” by the BOP was again hospitalized and died subsequent to his so-called “recovery”?"
MY SON'S REASONS FOR REQUESTING COMPASSIONATE RELEASE:
My son has several COVID-19 risk factors, he's been kept in isolation (24 hours per day in a cell) for 100 days in 2020 due to the COVID pandemic (considered to be cruel and unusual punishment), his ability to earn time credits has been suspended due to the pandemic, he is considered a minimum security risk (which is why he is in a camp setting), under the PATTERN recidivism risk assessment tool my son is a minimum, he isn't violent, he doesn't have victims in his case, and I need him home to help with my own medical care as I move into retirement.
REASONS FOR THE JUDGE'S DENIAL:
First, the judge believes that my son hasn't finished enough of his sentence (am I wrong in thinking that time served on a sentence shouldn't be weighed against risks to another person's health or life?) My son has served 46 months of his 168 month sentence, or 30-42% (the range depends on whether one factors in 25 months of automatic good time).
Secondly, the judge believes my son is a danger to the public because one of the financial crimes that he was convicted of was apparently committed while he was on probation. In short, one of my son's friends submitted one of his bank statements with my son's mortgage application for an income property so that he could qualify for the loan. The mortgage broker told my son that my son's name had to be on the statement. My son scanned the statement and irrationally (and fraudulently) added his name to the document. Does this make him a danger to the public? Should his health and life be kept in danger for such a crime of conviction? Or, because he did this while on probation? I hope not.
Moreover, Judge HILLMAN'S has ignored the fact that my son scores as a minimum on the DOJ's PATTERN recidivism assessment tool. If he scores as a minimum, how can Hillman continue to state that my son is a risk to the public? His position does not make sense from a legal standpoint.
CONCLUSION:
My son doesn't deserve to suffer any more or to be placed at further risk. It is unfair to him and to those that love him, especially since there are other options. My son could be allowed to serve the remaining part of his sentence on home confinement with me where he could safely distance himself from others. As Judge Hillman pointed out in granting Robert Fuller's Compassionate Release motion (but ignored in denying my son's), this is not something inmates are able to do in "the barracks-style" unit with "shared bathrooms" that he is currently being housed in.
We are going to appeal Judge Hillman's most recent denial to the Appeals Court right away.
We need your support and as much political and media influence as we can gather. Please sign this petition and share it with as many people as you can.
Thank you.
Kevin Perry Sr. (and family)
DISPARITY IN DIFFERENT JUDGE'S RULINGS FOR COMPASSIONATE RELEASE:
Just this past Monday (1/11/21), an inmate named Wender Santos (District of Maine), who was sentenced to 130 months, and who had only completed 36 months, was sent home from my son's institution. Mr. Santos was charged with the same drug crime as my son and had completed only 30% of his sentence also just like my son. Why is there's such disparity in Judge's rulings? This is not just.
JUDGE HILLMAN'S DISCREPANCIES IN HIS RULINGS GRANTING ANOTHER INMATE COMPASSIONATE RELEASE BUT NOT MY SON:
My son and another inmate, Robert Fuller, were together at the federal prison camp in Berlin, N.H., where both were infected with COVID-19 in October of 2020. Both tested positive and were isolated for 21 days. My son became so ill with the virus that he required injections to control the vomiting so that he didn't become so dehydrated that he'd have to be rushed to the hospital. Mr. Fuller was asymptomatic.
Note that Fuller had only a few weeks left on his sentence, while my son has many years remaining. However, I don't believe that this should enable the judge to shift positions in his rulings.
Mr. Fuller and my son filed Compassionate Release (CR) motions in front of Judge Hillman, whom both were sentenced by, after their release from isolation. Both requested to be allowed to finish their sentence on home confinement where each could be safe.
Judge Hillman granted Mr. Fuller's CR motion on 12/29/20 but denied my son's CR motion on 1/12/21 (about 2 weeks apart). The disparities and inconsistencies in the judge's ruling are glaring and unjust. I've pasted the relevant sections word for word below. You can view the entire ruling on pacer.gov or I can send them to you via email. As you read, keep the following summary of discrepencies (1-4) in mind:
1. REINFECTION POTENTIAL: In his grant of Fuller's CR motion, Judge Hillman writes, "While the United States points out that reinfection is rare, it is certainly possible, and there are no representations that Mr. Fuller should expect to receive a COVID-19 vaccine before his scheduled pre-release placement or release date."
In my son's denial, Judge Hillman writes, "He adds that he remains at risk for reinfection, though according to the BOP there are currently 0 inmate COVID-19 cases and 5 staff COVID-19 cases at FCI Berlin." Judge Hillman then states in the next paragraph, "Furthermore, reinfection appears to be rare" and cites a CDC link.
DISCREPANCY: This one is just glaring. How can Judge Hillman give credit to reinfection potential in Fuller's ruling but not in my son's? This is just not fair.
2. INCREASED COVID RISK AND AGE: In his grant of Fuller's CR motion, Judge Hillman states that Fuller's age (65) "places him in a higher risk group that is four times more likely to be hospitalized after contracting COVID-19 than individuals who are 18-29 years old" and cites a CDC link (the link listed in Judge Hillman's ruling is incorrect. You have to manually search for the CDC titled page).
In my son's denial of his CR motion, Judge Hillman writes, "Mr. Perry’s age (47) does not place him in a higher-risk category." However, the study specifically states that my son's age group places him in a risk group that is "three times more likely to be hospitalized after contracting COVID-19 than individuals who are 18-29 years old."
DISCREPANCY: Why did Judge Hillman ignore the risk to my son, but point out the increased risk for Mr. Fuller?
3. RISKS ASSOCIATED WITH IMPRISONMENT: In his grant of Fuller's CR motion, Judge Hillman points out the "substantiated" risk by writing, "Mr. Fuller has already contracted COVID-19 once while in custody at FCI Berlin." Judge Hillman then goes on to describe the living arrangements by stating, "He continues to reside in barracks-style housing in the minimum-security camp at FCI Berlin, where dormitory-style sleeping arrangements and shared bathroom spaces make social distancing and precautionary measures difficult."
In my son's denial, Judge Hillman writes, "also find it significant that the COVID-19 situation at FCP Berlin appears to be under control."
DISCREPANCY: How can the situation be under control at the Berlin prison camp for my son, but not so in Mr. Fuller's case?
4. SYMPTOMATIC V ASYMPTOMATIC AND RECOVERY: In his grant of Fuller's CR motion, Judge Hillman writes, "Mr. Fuller may have been asymptomatic during his first bout of illness, but there is no guarantee that a second course would be as mild."
In my son's denial, Judge Hillman address my son's infection experience as follows: "Mr. Perry has substantially recovered from COVID-19, but continues to experience lingering symptoms including “periodic, lingering headaches, memory loss and “just not feeling like himself.” Judge Hillman then states, "He adds that he remains at risk for reinfection, though according to the BOP there are currently 0 inmate COVID-19 cases and 5 staff COVID-19 cases at FCI Berlin."
DISCREPANCY: How can Judge Hillman express concern for an asymptomatic inmate but then express lack of concern for my son who actually became quite ill? How is this fair?
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BELOW ARE THE TWO JUDGE HILLMAN'S RULINGS MENTIONED ABOVE ALMOST WORD FOR WORD.
1. US V ROBERT FULLER (NO. 20-40002-TSH) COMPASSIONATE RELEASE GRANT BY JUDGE HILLMAN (12/29/21)
Mr. Fuller’s age places him in a higher risk group that is four times more likely to be hospitalized after contracting COVID-19 than individuals who are 18-29 years old (2). Thus, there is substantial evidence that he faces a heightened risk of Serious illness or death if he contracts the virus.
This risk is further substantiated by the fact that Mr. Fuller has already contracted COVID-19 once while in custody at FCI Berlin, and that his current work placement involves desanitizing and servicing the inmate transfer bus, which may be another vector for infection. He continues to
reside in barracks-style housing in the minimum-security camp at FCI Berlin, where dormitory-style sleeping arrangements and shared bathroom spaces make social distancing and precautionary measures difficult. Mr. Fuller may have been asymptomatic during his first bout of illness, but there is no guarantee that a second course would be as mild. While the United States points out that reinfection is rare, it is certainly possible, and there are no representations that Mr. Fuller should expect to receive a COVID-19 vaccine before his scheduled pre-release placement or release date.
I have considered and denied several compassionate release motions from defendants with similar chronic health conditions of like ages, but those defendants were serving longer sentences for violent crimes or non-financial offenses like child pornography with particularly vulnerable victims. Mr. Fuller’s underlying offense was nonviolent, and he has been ordered to make full restitution to the United States. He has served the majority of his sentence. If released, he would return to his family home, where he will be in a better position to protect his health than he would be in group housing settings like FCI Berlin or his scheduled pre-release placement. There is no evidence that he poses a danger to the public that cautions against his release. His release at this Juncture is therefore consistent with the § 3553(a) factors. In sum, I find that, under the circumstances as they exist in this case, Mr. Fuller has established extraordinary and compelling reasons warranting his release under § 3851(c)(1)(A).
(2) CENTERS FOR DISEASE CONTROL & PREVENTION, COVID-19: PEOPLE WITH CERTAIN MEDICAL CONDITIONS: https//www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-with-medical-conditions.html
2. US V KEVIN PERRY JR. (NO. 4:17-cr-40010-TS) COMPASSIONATE RELEASE DENIAL BY JUDGE HILLMAN (1/12/21)
Since my Order on November 10, 2020 (Docket No. 258), Mr. Perry has substantially recovered from COVID-19, but continues to experience lingering symptoms including “periodic, lingering headaches, memory loss and “just not feeling like himself.” (Docket No. 261 at 3). He adds that he remains at risk for reinfection, though according to the BOP there are currently 0 inmate COVID-19 cases and 5 staff COVID-19 cases at FCI Berlin. BUREAU OF PRISONS COVID-19 CASES: https://www.bop.gov/coronavirus/index.jsp (last accessed Jan. 11, 2021).1.
Furthermore, reinfection appears to be rare. CENTERS FOR DISEASE CONTROL & PREVENTION,REINFECTION WITH COVID-19, https://www.cdc.gov/coronavirus/2019-ncov/your
health/reinfection.html (last accessed Jan. 10, 2021). Finally, Mr. Perry notes that he should be released so that he may live with and care for his ailing father, and that the Court should take into account future potential reductions in his sentence when assessing what proportion of that sentence he has already served, including good time credit from programming that was cancelled due to COVID-19, his eligibility for a pre-release placement, and his pending motion to vacate his underlying conviction.
I have already considered factors including his prior course of COVID-19 and his prolonged time in isolation due to the BOP’s preventative measures to reduce the spread of the
disease throughout the prison population. I have also previously recognized that Mr. Perry is at an increased risk for a severe course of COVID-19 due to leukopenia, a shortage of white blood cells. Mr. Perry’s age does not place him in a higher-risk category.
At present, Mr. Perry has served about 30% of his sentence. I cannot credit the results of Mr. Perry’s motion to vacate towards my assessment of how much of his sentence he has served, as the motion is still pending. Furthermore, I cannot credit Mr. Perry for good time credit that he has not earned, though I understand that COVID-19 has forced the BOP to cancel many educational and recidivism reduction programs that Mr. Perry may have otherwise taken advantage of. I have considered his likely future eligibility for a pre-release placement or home confinement, as well as his projected release date in the Sentencing Computation Monitoring Data provided by counsel. (Docket No. 268-2).
I also find it significant that the COVID-19 situation at FCP Berlin appears to be under control; Defendant’s counsel points to media reports that the number of cases in nearby Berlin, New Hampshire have spiked due to an outbreak at nearby state prisons, not FCP Berlin or FCI Berlin. (Docket No. 263). As stated in my prior Orders denying Mr. Perry’s motions for compassionate release, the Defendant committed the underlying offense while on supervised release for a different drug offense. I have considered the letter submitted by Mr. Perry’s father and Mr. Perry’s PATTERN score but remain concerned that he represents a danger to the public. (Docket No. 270-1 (SEALED)).
Because Mr. Perry has not, under the circumstances presented here, demonstrated that he meets the requirements to obtain a compassionate release, his motion is denied, without prejudice to the filing of a further motion should there be a change in his circumstances.
(1) Mr. Perry is assigned to FCP Berlin (current population 34 inmates). The BOP COVID-19 Case Tracker does not provide separate COVID-19 case tallies for FCP Berlin and FCI Berlin, the larger, medium-security facility (current inmate population 580 inmates).
