I am working with a friend to draft a motion for Compassionate Release with a three-pronged approach.
- Disparity of Sentencing: there are several cases which were adjudicated after me in the same Circuit/District as well as throughout the Federal Courts who have charges the same or worse than mine and who have demonstrated worse behavior than me who got less time than I did;
- Medical Condition(s) from which I am not expected to recover: I had heart surgery just over 3 years ago (correction of A-Fib). While the surgery was a success, one with a history of having A-Fib has a far greater chance of reoccurrence. I had hernia surgery and a mesh was placed in my abdomen. I also had surgery to remove several moles from my skin. While they were benign, with my history of skin cancer, that could very well change quickly. I will also argue PTSD from dealing with being locked up during Covid. In part my argument will be that, as I age, it will be increasingly more expensive to house me. I can get my health care through the VA.
- I spent the entire period of Covid here at Elkton, which made my sentence harsher, more restrictive, and less rehabilitative than the Courts intended.
A part of the Motion is to provide an outline of a Release Plan:
Job/Income
I am currently 68 years of age and do not need to work. I will have four sources of income. I am Retired, U.S. Navy with a my military pension. I have a 30% Disability Rating with the VA (reduced to 10% while incarcerated; the 30% will be reinstated upon release) for which I receive a monthly monetary benefit. I also am paid an annuity from FERS (Federal Employees Retirement System) for 10+ years of Federal Civilian service. Plus I will have Social Security.
Identification/Bank Accounts
I need to get my driver’s license or state I.D. card, a new military Retired I.D. card, and a new VA Hospital card. I need to get with DFAS in Cleveland (Defense Finance Accounting Service – they administer military Retired pay) and get my pension switched from my Inmate account to my credit union account; I need to visit my credit union to get my address changed and to begin the process of getting a credit card or debit card.
Housing
While it is true that at this point I will be homeless upon release, Ms. Mya Jenkins, the Incarcerated Veterans Representative at the VA Hospital in Cleveland (where I used to work) will give me a reference to the Veterans Homeless Program in Cleveland. I will be placed in the Veterans Section at the Cleveland Men’s Shelter where I can have a solid base from which to look for permanent housing.
Health Care
I will receive my health care from the VA. I will petition the VA to increase my Disability Rating above 30%. In my last review in 1996, I was granted 7 service-connected disabilities; but at the time I only received a percentage for three of them (hence the 30% rating). Seeing as it has been nearly 30 years since I’ve been examined, I believe I have a good chance of getting my Disability Rating increased (which will increase my monthly benefit).
Community Support
This is my weakest area. I have one or two friends I can list as references; but one is my ex-Pastor and his wife, they are in their 80s and he has cancer; the other is a friend from whom I have not heard since I was first arrested, but I may be able to reconnect. My only other freind I could have counted on passed away in 2022. As I am estranged from my eldest daughter and my grandsons, and I’ve never met my youngest daughter, there is no support there. I have no other family to count on. I am also estranged from my sister, nephews and niece. My parents are deceased.
Supervised Release
I expect to be on Lifetime Supervised Release. I will report to the U.S. Probation Office (where, ironically, I also used to work) within 3 days of release. I plan to follow very carefully indeed all of the Conditions of Release the PO places on me.
Registry
I will register as an SO with the Cuyahoga County Sheriff’s Department within 3 days of release.
