NECC Defendant Renews Release Plea

By Walter F. Roche Jr.

Citing a sudden and exponential increase in Covid-19 cases at a Massachusetts federal prison, a defendant in the 2012 fungal meningitis outbreak is asking a judge for emergency action on his plea for release from prison.
In a letter sent to U.S. District Judge Richard G. Stearns, a lawyer for Gene Svirskiy said the number of infected patients at the federal prison at Fort Devens jumped from one to 10 in a matter of three days. One of those inmates died. Two prison staffers also have been diagnosed with the virus.
Citing the sudden and recent increased spread of the deadly virus, Svirskiy's lawyer wrote that it demonstrates consideration of Svirskiy's recent request to serve his remaining 15 month sentence at his home was "imperative."
Svirskiy is serving a 2.5 year sentence following his conviction on racketeering, conspiracy and mail fraud charges for his role at the New England Compounding Center, the company blamed for a deadly 2012 fungal meningitis outbreak.
In the letter to Stearns, Svirskiy's lawyer, Christopher Iaquinto, cited a recent case in which another inmate at the same prison was granted a release. He also cited the recent case of Paul Manafort, the convicted former Trump campaign chairman, who was recently released from another federal prison to serve his remaining sentence under home confinement.
Iaquinto noted that Svirskiy has served more of his sentence than Manafort had. Svirskiy has 15 months left on his sentence.
The emergency letter follows a 15-page motion filed earlier this week on Svirskiy's behalf. At that time one inmate had died and one prison staffer had been diagnosed with the deadly coronavirus.