Judge Denies COVID Release for Chronically Ill Domestic Violence Defendant

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A DC Superior Court judge denied a chronically ill defendant’s request to be released due to the COVID-19 pandemic.

The defendant is charged with felony assault with a dangerous weapon in a domestic violence case. He is currently being held at DC Jail, where he has been since his initial hearing on April 25.

“I understand that no one likes to be incarcerated – you can magnify that stress, fear and discombobulation when it comes to being incarcerated during a global pandemic,” said Judge Rainey Brandt. “The same fears you are manifesting are the same fears that all of us that aren’t incarcerated feel every single day when we leave our homes to go to grocery store, leave our homes to walk our dogs or just step outside to get a breath of fresh air.”

Two judges previously ruled that no release conditions could ensure the community’s safety. During the Oct. 28 hearing, Judge Brandt said she sees no reason to go against her colleagues’ rulings.

However, his medical concerns are still its own issue.

The defendant has sickle cell anemia, which can only be treated, not cured. This condition causes patients to have irregularly shaped red blood cells and can result in pain crises. 

Defense attorney Corrine Schultz said she does not fault the jail and believes they are doing what they can to address her client’s medical situation. However, she doesn’t think they are equipped to handle his needs. The jail has reportedly only given him Tylenol.

However, a representative from the Department of Corrections (DOC) said they would send him to a hospital if needed. 

The representative also said that they scheduled the defendant for an evaluation appointment with a specialist, but he refused.

The refusal seems to span from coronavirus concerns. The defendant said he was placed in a block with other inmates who were recovering from COVID-19.

Judge Brandt sympathized with the defendant’s fear, but told him that “all roads start and stop with evaluation.” Therefore, she strongly encouraged him to take the appointment.

The defendant’s next hearing is scheduled for Nov. 30. 

This article was written by Andrea Keckley