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In Focus: Lives that Hang in the Balance While CARES Act Marches Towards Reincarceration

Thousands of Lives Are Subject to Being Upended as the CARES Act marches towards eventual reincarceration. These are some of their stories.

As referenced in a previous post, the Bureau of Prisons has no incentive to keep inmates serving at home away from prison. This is evidenced by the Biden Administration essentially cosigning a memo put out by the Trump Administration before the transfer of power that inmates whose sentences run longer than the pandemic must return and the specific case of Gwen Levi.

In a New York Times article, the Department of Justice under Merrick Garland has agreed with the Trump Administration Memo that says at the conclusion of the pandemic emergency status, those inmates serving in home confinement are likely to be returned to prison to serve the remainder of their sentence. This could affect around 4,000 federal prisoners, some of whom have partially reintegrated back into society, finding jobs and enrolling into school. These people who have made positive progress with the time they have been given may be forced to give all that back up if action is not taken by congress.  Two specific cases are Wendy Hechtman and Gwen Levi.

Wendy Hechtman:  Doing her Best to Comply

Ms. Hechtman was released as a part of the CARES Act. Ms. Hechtman was sentenced to 15 years for a non-violent drug charge and had served 3 of those years before her release due to COVID. Ever since her release she has been attending weekly drug counseling sessions and has gotten a job helping those who have gotten out of prison to reintegrate back into society. However, her bit of freedom could be taken away from her if the Biden Administration continues to follow the Trump Justice Department Memo.

Gwen Levi:  From Computer Class Back to Prison and then Compassionate Release

The next case is Gwen Levi and her situation was more immediate. Ms. Levi, 76, was serving a 24-year sentence, also a non-violent drug charge and had served 16 years at the time of her release to home confinement. She had taken the time to volunteer with different prison advocacy groups in the hopes that a more permanent, paying job would come along. She had also enrolled in word-processing classes. During the class she would silence her phone. Then one day, she had left class to see that she had multiple missed calls from her prison supervisor.

A few days later she was brought in again and awaiting transfer to a federal prison. Because she did not answer her phone during the computer class, she was classified as an escapee and was ordered to be returned to prison to serve the remainder of her sentence.  She tells her story in the Washington Post:

I had signed up for a computer class administered by the Maryland Justice Project, which was being held in a building owned by the Baltimore City Police Department. I didn’t know the building was designed to prevent GPS and other signals as a security measure, so the ankle monitor I was required to wear lost its signal.

My case manager called me, but unfortunately, I had turned my phone off during the class to better pay attention.

Though I’d attended a class already, when I turned my phone back on and I spoke to my case manager, they informed me that I’d been labeled an “escapee.” I had to return to prison.

After a few days though, a judge ordered Ms. Levi to be given compassionate release and she is once again at home.

The lack of discretion is particularly egregious in a situation like this where here location was easily determinable and she was more than likely watched every second.

Jeffrey Martinovich:  Subject to Prison after a year of home confinement for a phone call

Jeffrey Martinovich was found guilty of nonviolent financial fraud crimes and was sentenced to 13 years and 8 months.  Martinovich was released due to the CARES Act and had served one year at home.  He had been fielding daily phone calls in order to check in.  One night he did not answer his check-in call, indicating he had not heard the phone ring:

But one night in late May, the halfway house couldn’t reach him: The former Newport News investment broker didn’t answer the phone at his Norfolk home, saying later that he didn’t hear the calls.

The Federal Bureau of Prisons has deemed that an “escape” from Martinovich’s home detention in a 2013 federal financial fraud case. They took him into custody the next day to serve the rest of his sentence — another four years — in prison.

Martinovich has filed for a writ of habeas corpus indicating that the electronic monitoring records placed him at his home all night.

Update:  According to Yahoo News, Martinovich will be returning home soon:

After a mix-up over an alleged escape, the Federal Bureau of Prisons soon will release a former Newport News investment broker back to home confinement.

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The petition said the Bureau of Prisons’ own evidence — GPS tracking information from Martinovich’s ankle monitor — showed he never left his home in Norfolk’s Ghent section on May 31.

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Two days later, Martinovich’s fiancée, Ashleigh Amburn, got a call from the Bureau of Prisons saying the escape finding had been vacated, meaning he would be going back to home confinement.

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But he said he spoke to a BOP attorney on Wednesday who gave him much more confidence. That lawyer, he said, “made it clear that he is coming home.”

“She sounded very credible,” Kelleter said. “And she gave this lengthy explanation of the Rube Goldberg Machine of the BOP — that they had to go through 10 different steps, and they have to figure out how to communicate this to the Marshals. But basically, she said he is coming back to home confinement.”

The BOP would not speak about the case this week, and would not independently confirm Tuesday where Martinovich will serve his sentence.

4,000 inmates have their home confinement hanging in the balance and they are dealing with the constant anxiety that the life they have recreated for themselves. Joe Biden himself campaigned on the idea that too many people are incarcerated. By not taking a strong stance on this issue he is reneging on this prison. Beyond being the compassionate route to take, it is also a cost saving measure. According to the same New York Times article, it costs $37,500 to keep an inmate in prison, whereas it costs $13,000 per person to let them serve in home confinement. This is a savings of $98 million every year for the 4,000 people currently serving their sentence at home. If President Biden is serious about criminal justice reform, he will retract this memo, allow these people the bit of freedom they have received, and work towards ending the incentive of keeping people in a prison cell.

If anything here applies to you, contact us today.

At The Law Office of Jeremy Gordon, we fight aggressively for our clients. We are experienced, and know what it takes to present a successful defense in a federal criminal case. For prompt, courteous and skilled representation as your federal criminal defense attorney, contact us today to schedule a free phone consultation.
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