SDFLA judges are starting to grant release based on COVID-19 (yes!) UPDATED WITH 4/6 BARR MEMO

UPDATE -- AG Barr tells prosecutors he's really serious about releasing folks on bond.  Here's the 4/6 memo: “You should now consider the medical risks associated with individuals being remanded into federal custody during the COVID-19 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.”  AG Bill Barr instructed prosecutors that they should "consider not seeking detention to the same degree we would under normal circumstances." 

I know of at least 3 cases, the most recent from today in United States v. Karl Oreste, Case no.14-20349-Scola. The order is here. Kudos to AUSA Lois Foster Steers for agreeing to this compassionate release motion and to AFPD Julie Holt for successfully pursuing the motion. Judge Scola writes a really good order, explaining how serious this issue is in our prison system.

Judge Williams also granted one, over the prosecutor’s objection in the Bart Hernandez case.  The Miami Herald covered that decision here.  It’s strange that the government objected here where there was only a few months left on the sentence and the defendant’s mom really needed the help.  Big ups to Judge Williams for granting this over objection.  Defense attorneys: Jeff Marcus, Dan Rashbaum, and Alison Green.

And here’s a lengthy and really well-reasoned order granting bond pending sentencing in United States v. Johnny Grobman by Judge Goodman.  The government not only fought against this order, but is appealing to Judge Altman.  (Full disclosure, I have been brought on as appellate counsel in the Grobman case and consulted on this motion before Magistrate Judge Goodman as well as the government appeal to Judge Altman. (Phil Reizenstein and Jackie Arango are the leads.)  So I won’t comment other than to say it would be worth your time to review Judge Goodman’s order).  

Any others?  Please send them along!

Latest SDFLA order

Here is the order referenced in the previous post.  The most important part:

All jury trials in the Southern District of Florida scheduled to begin on or after March 30, 2020, are continued until July 6, 2020. The Court may issue other Orders concerning future continuances as necessary and appropriate.

Same thing with grand juries. Prosecutors, how will you be bringing cases in the meantime? Through criminal complaints? And then preliminary hearings?

Here's a bit of good news... David Lat is home and better. He was on the Today Show:

@DavidLat did a great job on the @TODAYshow this morning. https://t.co/lSAFSOiPCt

— David Oscar Markus (@domarkus) April 6, 2020

And for another bit of zen, check this out:

john krasinski and emily blunt surprising a hamilton fan by having the entire original broadway cast join their zoom and sing for her is absolutely the best thing i have ever seen. pic.twitter.com/TLmCsbIk6n

— d (@melissafumeros) April 6, 2020

All jury trials and grand jury proceedings continued until July 6 (UPDATED WITH BARR MEMO)

The court issued another corona-order today, postponing all jury trials and grand jury proceedings until July 6.  The order is not up on the website yet, but I will link to it as soon as it is.

UPDATE Friday (4/3) evening — AG Bill Barr issued this memo, urging the release of at-risk prisoners to home confinement.  Serious question to the prosecutors who read the blog — why are so many prosecutors stridently opposing the requests?

Judge Milton Hirsch on "emergencies"

This order has it all: a Judge Edward Davis story, Shakespeare, and a dose of reality during the virus.

Not a real legal emergency ... by David Oscar Markus on Scribd

BOP to Phase 5 — full lockdown

Here’s the update from BOP:

Today, the Director of the Bureau of Prisons (BOP) ordered the implementation of Phase 5 of its COVID-19 Action Plan, effective tomorrow, April 1, 2020. In response to a growing number of quarantine and isolation cases in our facilities, the BOP will take the following actions immediately to further mitigate the exposure and spread of COVID-19. 

• For a 14-day period, inmates in every institution will be secured in their assigned cells/quarters to decrease the spread of the virus. This modification to our action plan is based on health concerns, not disruptive inmate behavior.

• During this time, to the extent practicable, inmates should still have access to programs and services that are offered under normal operating procedures, such as mental health treatment and education.

• In addition, the Bureau is coordinating with the United States Marshals Service (USMS) to significantly decrease incoming movement during this time.

• After 14 days, this decision will be reevaluated and a decision made as to whether or not to return to modified operations.

• Limited group gathering will be afforded to the extent practical to facilitate commissary, laundry, showers, telephone, and Trust Fund Limited Inmate Computer System (TRULINCS) access.

Starting in January 2020, the BOP implemented its Pandemic Influenza contingency plan, modified as an Action Plan for COVID-19. The BOP continues to revise and update its action plan in response to the fluid nature of the COVID-19 pandemic, and in response to the latest guidance from experts at the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC) and the Office of Personnel Management (OPM).