By Walter F. Roche Jr.
A former pharmacist convicted of racketeering in the wake of a deadly fungal meningitis outbreak is asking once again for release from prison citing the current pandemic and a previously undisclosed medical condition.
In a 15-page petition filed today in U.S. District Court in Boston, Mass., the lawyer for Gene Svirskiy is asking the court to allow him to complete his 30 month sentence under home confinement.
The petition and attached exhibits show Svirskiy plans to return to work as a compounding pharmacist, the same role he played at the New England Compounding Center, the company blamed for the deadly 2012 outbreak.
In the petition Svirskiy states that he recently uncovered medical records showing that he has a medical condition that makes him susceptible to a severe form of Covid-19. Records relating to that condition were filed under seal with the approval of U.S. District Court Judge Richard G. Stearns.
The petition also cites Svirsky's history of smoking and a diagnosis of asthma.
"The personl health risks to Svirskiy are real," the petition states, citing guidelines from the U.S. Centers for Disease Control and Prevention.
Svirskiy was one of 14 people connected to NECC who were indicted in late 2014 after a two year probe of the fungal meningitis outbreak which took the lives of dozens of patients and sickened hundreds of others.
He was convicted of racketeering, racketeering conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act.
A prior petition for early release was denied by Stearns who said he did not have the legal authority to grant the request.
In the new petition Svirskiy argues that Stearns does have that power and the new evidence shows "extraordinary and compelling reasons" why he should be released.
Stating that Svirskiy has now exhausted all possible administrative remedies, including appeals to the warden at the prison in Central Masachusetts where he is confined, the petition calls on Stearns to grant his request.
The petition acknowledges, however, that the Covid-19 outbreak at his prison has eased, although eight staffers have tested positive for the virus.
Contact: wfrochejr999@gmail.com
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