By Walter F. Roche Jr.
A former pharmacist convicted following a probe of a deadly fungal meningitis outbreak is seeking yet again an early release citing, yet again, newly discovered medical evidence.
In a 15-page filing with another 15-pages of highly redacted attachments Gene Svirskiy filed a petition for compassionate release in U.S. District Court in Boston.
Citing "newly discovered" medical records, the petition states that Svirskiy is at high risk of suffering a severe form of Covid-19.
"The personal health risks to Svirskiy are real," the filing states.
As noted in his petition, Svirskiy's prior pleas for early release were denied by U.S. District Court Judge Richard G. Stearns and the warden at the federal prison in Massachusetts where he has been serving a 30 month sentence. He has served 18 months thus far.
Svirskiy was convicted of racketeering, conspiracy and violations of the Food Drug and Cosmetic Act. He was one of 14 indicted in late 2014 following a two year probe of the deadly fungal menngitis outbreak.
He was employed as a pharmacist at the now defunct New England Compounding Center the company blamed for the outbreak.
In the latest petition filed by Svirskiy's lawyer, Christopher Iaquinto, he acknowledged that an outbreak of Covid-19 at FMC-Devens has abated, but charged that the federal Bureau of Prisons "is not conducting thorough and consistent testing.
As a result, the petition states, the number of Coronavirus cases in the federal system is likely understated.
Contending that Svirskiy has been a model prisoner, the petition concludes,"Svirskiy presents no threat to anyone's safety."
Contact: wfrochejr999@gmail.com
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