Fresno defense attorneys work to get elderly jail inmates released, due to coronavirus
Defense attorneys are trying to get their elderly clients out of the Fresno County jail, saying their health is at serious risk if they become infected with coronavirus (COVID-19).
But so far, state and federal judges have been reluctant to release anyone because of COVID-19, despite the growing concern about a possible outbreak in the jail.
As of Tuesday, there have been no confirmed cases of the virus in the jail, although two inmates were tested recently after going through a screening at the jail.
Tony Botti, spokesman for the Fresno County Sheriff’s Office, said Tuesday one inmate tested negative and the results of the other test are pending.
The Centers for Disease Control and Prevention has said older people and those who have serious underlying medical conditions, like heart disease or diabetes, might be at a higher risk of severe illness from coronavirus.
Attorney Kevin Rooney, who represents 62-year-old Armando Acosta Toro, said it is only a matter of time before the highly contagious disease makes its way into the jail population. Toro suffers from diabetes, high blood pressure and high cholesterol. He’s housed at the Fresno County jail on federal drug charges.
“Mr. Toro’s age and medical conditions put him at an extremely high risk of serious complications and death if he is infected with COVID-19,” Rooney wrote in his motion. “If Mr. Toro remains detained, he is extremely likely to become infected with COVID-19. Once infected, there is a one in 10 chance he will die.”
Rooney, who is with Hammerschmidt Law Corporation, said that even though social distancing is one of the primary methods to avoid infection, it’s nearly impossible for Toro. Inside the jail, Toro shares sleeping quarters with eight or nine other inmates and has access to a day room with about 65-75 inmates, Rooney said.
His first request to have Toro released to his family under strict conditions was denied last week. The U.S. Attorney’s office, in its response to Rooney’s motion, said the request did not meet the standard for bail review, plus there was no evidence to show Toro would be safer at home than in jail.
Rooney has filed a new motion to be heard on Friday by Judge Dale A. Drozd. In it, Rooney points to the March 20 guidelines issued by California Supreme Court Chief Justice Tani Gorre Cantil-Sakuye who urged the California courts to lower bail amounts significantly for the duration of the coronavirus emergency, including lowering the bail amount to $0 for many lower level offenses.
Justice Cantil-Sakuye also advised the courts to consider a defendant’s “existing health conditions, and conditions existing at the anticipated place of confinement, in setting conditions of custody for adult or juveniles.”
Other attorneys have also tried to get their at-risk clients out of jail.
Public defender Stephanie Negin’s client is 71 years old, a veteran with no criminal history and is charged with child molestation. Last week, Negin requested he be let out of jail because his age puts him into the high risk category and placed on a GPS monitor, so authorities could track his movements. She was denied.
“My concern is that we are waiting for an outbreak to happen instead of taking pro-active measures,” Negin said.
She plans on filing an emergency writ to try and get her client released.
“There are a good number of inmates over 65 and they are not healthy people,” she said. “They are smokers, people with chronic illnesses like liver disease or kidney failure, asthma, diabetes and heart issues. Our population will be hit hard if we do have a confirmed case.”
Defense attorney Eric Schweitzer has tried once already to have his client released from jail and was denied. He too will try again, given the new guidance from the state supreme court justice about reducing bail for at-risk inmates.
Schweitzer said his client, Bertram Lavell has liver failure, pneumonia and has already been hospitalized for his illnesses since he’s been in jail. Lavell is in custody for two felony counts of driving under the influence.
“His prognosis is grim,” Schweitzer said. “And at this point, I am fighting for this man’s life.”
