Hi Family, this is another excerpt from my Compassionate Release. My chest feels heavy and this morning when I woke up I coughed about 10 times and I have phlegm or mucous from my chest up to my nose. This “bird flu”, Covid, virus, what every it is, is horrible. Please forward this message to as many people as possible.
February 19, 2025
Now comes Defendant, Kelli Prather, Pro Se, pursuant to Federal Rule of Criminal Procedure 45(b)(1)(B) requesting a Reconsideration Defendant’s Motion for Compassionate Release. The original Motion For Compassion Release was submitted pursuant to the provisions of 18 U.S.C. Section 3582(c)(1)(A) and United States Sentencing Guidelines (“U.S.S.G”) Amendment 814 which added subparagraphs (b)(6),(c),(d) and (e) to Section 1B1.13, and states that district court may reduce a defendant’s term of imprisonment under certain circumstances. Amendment 814 allows defendants to seek a reduction of sentence based on Medical Circumstances, not limited to Terminal illnesses, more specifically when the Defendant is suffering from a medical condition that requires long-term or specialized medical care that when not being provided, and whom without that care, is at risk of serious deterioration in health or death. Prior to the onset of the federal trial, Defendant was diagnosed with Stage 2B Cancer, had 16 rounds or chemotherapy, 30 rounds of radiation, underwent 2 surgeries, including a lumpectomy, and had 16 lymph nodes removed. Kelli Prather has a weakened immune system and experienced a life threatening bout of Covid in December, 2022. Defendant, suffers from long Covid, as well as, extreme Lymphedema. Prior to being incarcerated Defendant was prescribed and issued a life-saving, medically necessary lymphedema pump and medically necessary compression garments for all four extremities, in addition to a gauntlet for her left hand. There is No Cure for lymphedema and without treatment the condition will lead to serious deterioration in health or death.
BACKGROUND
On February 1, 2023, Defendant, Kelli Prather was indicted on six counts of Bank Fraud, one count of False Statement on a Loan or Credit Application, four counts of Wire Fraud, and and three Counts of Aggravated Identity Theft. (Superseding Indictment, Doc 29; see also Order Amending Superseding Indictment, Doc. 39). Following a five-day trial, on July 25, 2023 the jury returned a guilty verdict on each count and Defendant Kelli Prather was sent to the Butler County Jail (a federal holding facility. Immediately after the verdict, Defendant petitioned the Court for a Bond pending sentencing in hopes of seeking appropriate medical care in preparation for sentencing. Defendant’s Bond pending sentencing was denied. While being housed at Butler County Jail, Defendant was denied access to a life-saving, medically necessary lymphedema pump and medically necessary prescription compression garments. On November 28, 2023 Defendant Kelli Prather was transferred to the Houston Federal Detention Center. While at the Houston Federal Detention Center, Defendant was denied access to a lymphedema pump and medically necessary prescription compression garments. Ms. Prather was transferred back to the Butler County Jail on January 18, 2024 to await sentencing. On April 9, 2024, the Court sentenced Defendant to 60 months imprisonment on Counts 1 through 11, to run concurrently with each other, and 24 months imprisonment on Counts 12 through 14, to run concurrently with each other, but consecutively to Counts 1 through 11. (Judgment, Doc. 67.) Defendant maintained her innocence, filed a Notice of Appeal and petitioned the Court for a Bond pending Appeal, so that she could seek appropriate medical care immediately after sentencing on April 9, 2024. Defendants request for a Bond pending appeal was denied. On July 16, 2024 Ms. Prather was transferred to Lexington Federal Medical Center – Atwood Satellite Camp to receive documented, medically necessary care. Since being incarcerated at Atwood Satellite Camp, Defendant has been denied access to a life-saving, medically necessary lymphedema pump and medically necessary prescription compression garments. Defendant filed her pending Motion for Compassionate Release on August 9, 2024. On November 2, 2024 Defendant filed a Reply To United States Opposition To Defendant’s Motion for Compassionate Release. Although, in the Order Denying Defendant’s Motion for Compassionate Release this court cited that Defendant submitted the Motion for Compassionate release less that one year after being sentenced, Defendant has been incarcerated for a total of 18 months and 25 days. Again, Defendant was transferred to Butler County Jail after trial on July 25, 2023 immediately after trial and was denied an opportunity to seek medical attention. Additionally, Defendant has been denied documented, life-saving, medically necessary equipment and garments (a lymphedema pump, compression garments and a gauntlet for her left hand).
Danger To The Community
Compassionate release must also comply with the sentencing Commission’s policy statement that “the defendant is not a danger to the safety of any other person or to the community.” U.S.S.G 1b1.13(a)(2): 18 U.S.C. 3582(c). Because the Court has preemptively determined that there are no extraordinary and compelling reasons without taking Amendment 814 into full consideration, without reviewing documentation related to Defendant’s medical condition from the Drake Center in Cincinnati, Ohio (regarding status, need for continued treatment and lifelong usage of a lymphedema drainage pump), in addition to documentation from the University of Kentucky’s oncology department (which explicitly states that Defendant continues to require PT and lymphedema therapy), Defendant humbly requests in light of the fact that the evidence presented significantly demonstrates extraordinary and compelling reasons supported by 18 U.S.C. 3553(a) factors, it is necessary to consider whether Defendant’s release would pose a danger to any person or to the community. See Elias 984 F.3d at 519. To determine if a defendant poses a danger, courts consider the nature and circumstances of the offense charged and the weight of the evidence against the defendant, as well as the defendant’s physical and mental condition, family ties, employment, criminal history, and drug and alcohol use history, 18 U.S.C. section 3142(g). The nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release is also an important factor.
On April 9, 2024, the Defendant was sentenced to a total of 84 months of imprisonment. Only one of Defendant’s charges carried a 24 month minimum sentence. The charge that carried a 24 mandatory mandatory minimum sentence was Aggravated Identify Theft. That charge will be overturned during the Defendant’s Appeal. To date Defendant has served 18 months and 25 days of her sentence and again the charge that carried a mandatory minimum sentence is currently under Appeal.
Ms. Prather’s incarceration has allowed her to grow in her faith and love for her family. As her PSR confirms, Defendant has strong family ties and support. During the trial, Defendant’s sister TP stated, “I love my sister with all of my heart.” and her nephew DP stated, “I love my Auntie. She will do anything for anyone. She didn’t do anything wrong.” Her PSR clearly suggested that she has been a significant source of support from her large immediate and extended family. In regards, to her initial indictment and the charge of Aggravated Identify Theft, the Plaintiff claimed that Defendant stole the identities of three separate family members (her sister TP, her nephew ST and her nephew DP). When the Plaintiff found documentation to confirm that Defendant’s family members were contractors of Defendant’s companies the claims were revised. In the superseded indictment Plaintiff claimed and charged Ms. Prather with 3 counts stealing the identity of one family member. During the second to last pretrial hearing the Plaintiff allowed the Defendant and her attorney Arica Underwood to hear a taped interview between Agent Yi, Agent Reier and the family member to disprove the Plaintiff’s claim. During the trial Plaintiff did not play the interview or submit it into evidence because it would have confirmed that Ms. Prather did not steal her family members identity. Ms. Prather’s family members and friends were forced under duress to testify against Defendant. They were threatened to be arrested, incarcerated and/or placed under extended periods of probation. At the time that one of the Defendants was questioned by Agent Yi and Agent Reier, he was on probation from a case out of the Hamilton County Court of Common Pleas presided over by Judge Tom Heekin. This family member was harassed and forced to testify against the Defendant under threat of being charged with a probation violation, having his probation extended and incarcerated. Judge Tom Heekin is married to Magistrate Anita Berding. Magistrate Berding works for Judge Patrick Dinkelacker. Judge Dinkelacker is a former real estate attorney, and former Assistant Prosecutor. Judge Dinkelacker has worked with real estate developers including Matthew Stephens (owner of Experimental Holdings LLC). Judge Dinkelacker dismissed every case that Kelli Prather brought against Darrell Willis and Matthew Stephens/Experimental Holdings LLC. Darrell Willis mischaracterized Ms Prather during the trial and committed perjury regarding a business (B&D Property and Management Services LLC) that he partnered with the Defendant. Judge Dinkelacker (Magistrate Berding) also dismissed multiple 60B motions to vacate judgments on decision made when Defendant was not served notice to appear in court. Defendant’s case is a culmination or corporate, political and judicial malfeasance. Ms. Prather maintains her innocence.
