By Walter F. Roche Jr.
A convicted defendant in the criminal probe of a deadly fungal meningitis outbreak is renewing his efforts to get an early release from his 30 month jail sentence.
In a three-page motion filed today in U.S. District Court in Boston, Gene Svirskiy, 39, asked the court to allow him to file part of his upcoming early release request under seal because it contains "private medical information."
The motion, filed in Svirskiy's behalf by his attorney Christopher Iaquinto, states that he intends to file a motion for modification of his sentence and compassionate release.
Svirskiy, who has made several prior attempts at early release, is not scheduled for release until Aug. 26 of next year.
A former pharmacist who worked at the defunct New England Compounding Center, Svirskiy was convicted of racketeering, conspiracy, mail fraud and violations of the Food Drug and Cosmetic Act. He was one of 14 indicted following a two year probe of the deadly outbreak.
Svirskiy has been serving his sentence at the Federal Medical Center Devens in central Massachusetts.
In earlier petitions Svirskiy asked that he be alllowed to serve the remainder of his sentence under home confinement. He cited the fact that other inmates at the Devens facility were suffering from Covid-19.
Federal prosecutors opposed the motion and noted that there were no Covid-19 cases in the section of the prison where Svirskiy is confined.
The new motion states that "Sealing is necessary to protect Svirskiy's confidential, private medical information that he has not disclosed publicly through proceedings in this court or elsewhere."
"Medical information is universally presumed to be private not public," the motion states.
U.S. District Court Judge Richard G. Stearns, who also presided over Svirskiy's trial, turned down the request stating that he did not have the legal authority to grant the request.
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