The COVID-19 pandemic presents a serious challenge to detainees of the judicial system. This challenge stems from the detainee’s fear of contracting COVID-19 whilst in detention. Across the United States scores of detainees have filed motions and appeals requesting their release from detention due to COVID-19. Should these potentially dangerous detainees be released into society because of the risk of catching coronavirus?
The powers that be have given a clear answer, No.
The most commonly cited case law for this issue comes from United States v. Clark, 2020. This case involves a diabetic man named Henry Clark who also happens to be a former drug trafficker. Clark found himself on the wrong end of the law when he was indicted with conspiracy to manufacture, distribute and possess heroin and fentanyl, and to make the picture even rosier, he was alleged to have caused a death due to the distribution of these substances. Clark is facing twenty years to life in prison.
In March, Clark motioned the District Court in Kansas for a temporary release from custody prior to his trial. In order for his gambit to work, Clark would need to prove that there was a compelling reason for his release from detention. He cited that due to his diabetes he was at a higher risk for complications from COVID-19. In addition, he claimed that he was unable to conform with CDC guidelines of social distancing in the Leavenworth Detention Facility in Kansas and that this facility would not effectively manage the outbreak. In essence, Clark’s compelling reason was his lack of personal safety due to being detained.
In order to determine whether his fears were compelling enough the Court decided to evaluate four factors: 1. The original grounds for pre-trial detention, 2. The specificity of the defendant’s stated COVID-19 concerns, 3. The extent to which the defendant’s release plan will mitigate COVID-19 risks and 4. The likelihood that the defendants release plan will cause COVID-19 risks to others.
- Grounds for pre-trial detention
Henry Clark was identified as a high risk detainee due to him being considered a flight risk and a danger to his community. He was considered to be a dangerous individual due to previous threats to police officers and claims of involvement with guns and weaponry. In addition, he was indicted of causing the reasonably foreseeable death of another person. Clark was not getting any brownie points from this section.
- The specificity of the defendant’s stated COVID-19 Concerns
Clark’s diabetes is a legitimate concern. According to the CDC, individuals with underlying health concerns such as diabetes are more at risk of having a severe illness due to COVID-19. However, his claims that he is more likely to contract COVID-19 due to his diabetes are incorrect. In addition, his assertion that the Leavenworth facility cannot deal with the outbreak was considered speculative, and his problem with his inability to conform to CDC guidelines was considered too generalized to be of any real consideration. The court acknowledged his diabetes, but dismissed many of his theories as to why he should be released.
- The extent to which the defendant’s release plan will mitigate COVID-19 risks
Clark’s plan of going home to live in Chicago with his mother was determined to be speculative at best in whether it would mitigate his COVID-19 risks. This was primarily due to the fact that there was no guarantee Clark would stay socially isolated and that his current detention facility provides quick and effective medical care that might not be replicated should he go back home.
- The likelihood that the defendants release plan will cause COVID-19 risks to others.
Due to his status of being a flight-risk, the court found that he was likely to leave his home and potentially come in contact with and spread COVID-19.
By virtue of these reasons, Mr. Clark was denied his motion for temporary release, setting the precedent for hundreds of more motions that have been filed since. It is very rare that a court will grant a defendant temporary release based on all four of these factors as they are heavily reliant on the defendant’s character and their ability to have an effective plan once they are released.
U.S. courts have decided that COVID-19 is indeed not a get out of jail free card much to the chagrin of current detainees.
Cited:
2020 WL 1446895
Case No. 19-40068-01-HLT
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