Michael Diaz Jr. continues to fight for the release of his client Yani Rosenthal. The release from The Federal Correctional Institute of Miami was requested with Rosenthal’s health, age, and good behavior all being considered.
This type of request is becoming more and more common in this new COVID-19 world, especially considering that many others serving time around the United States have received modified sentences already. Diaz is seeking a compassionate release, hoping that his client can stay as healthy as possible as the pandemic continues to sweep through the world.
Why Diaz Jr. believes they have a case
Rosenthal is currently set for release on August 7th, 2020. This would be the completion of his original three-year sentence. With no cure in sight, Diaz Jr. and everyone else helping with the case believes that COVID-19 is becoming a severe issue in prisons around the country. By reducing the number of inmates as much as possible, it can help with isolation.
Everyone in prison would love to get out early, but most have to work for it. Diaz Jr. believes that his client has done everything possible to warrant consideration, and this would be the perfect time to let him out for good behavior. Couple that with being a lot healthier in seclusion and not having to share small spaces with so many people, the chance of surviving without ever contracting COVID-19 greatly increases.
Rosenthal‘s health issues
It has been largely reported that COVID-19 can have severe effects on people who have certain medical conditions. Not only is Rosenthal in his mid-50s, but he suffers from several sinus related issues, as well as dermatitis. This puts him at a greater risk of having severe complications from COVID-19, including death.
It has been recommended in many countries to isolate those at higher risk as much as possible. Younger, healthier individuals can carry COVID-19 without showing any symptoms, which makes it nearly impossible to know who has it and who does not. Social distancing is virtually impossible at a correctional facility, but an early release would allow him to isolate nearby in South Florida, or in his native Honduras.
Inside the prison, many have health issues that put them at high risk. Separating those people as much as possible could cut down the risk of a super spreader forming within the facility. There have been outbreaks at other facilities around the United States already, and it would be in the best interest for inmates and staff to avoid any issues at this location.
Months remaining
Another focus of Rosenthal‘s legal team is the fact that he is only a few months away from completing his three-year sentence. He has been on good behavior since entering prison, and has even helped teach finance to some of the other prisoners at his facility. It was initially done to get out on good behavior potentially, but at this point, his legal team is hoping that it will help him stay physically healthier.
There have been no reported issues with Rosenthal during his entire time behind bars
Diaz Jr., and his team, is seeking an opportunity to not only keep their client healthy, but others at the facility healthier as well. By removing someone who could be a high risk, going into isolation can prove to be very beneficial. It is recommended in many jurisdictions to have social distancing of 6 feet at all times with civilians. In the close quarters at a correctional facility, it is impossible to meet those demands.
Since he has such a little amount of time left on his sentence, Diaz Jr. is pushing for an early release, with no return date at all. There are some people locked up who are looking for temporary releases during this difficult time, but Diaz Jr. is hoping that his client will not have to ever return to the facility again. If the verdict from the judge allows for his release, he would likely be out for good based on previous cases.
Pushing for a decision
Even though the original request was made March 25, there has still not been a resolution. It is now in the hands of New York Southern District Judge John G. Koeltl as far as whether the request will be approved or not. Ideally, he would return to his home in Honduras, but if travel restrictions do not allow that, he will isolate in Miami for the time being.
Currently, there is no set date on exactly when the judge will announce his ruling. It has been difficult to get swift decisions with delays in all sectors. Diaz Jr. continues to put together a very compelling case that looks great for his client on paper, but no one will know for sure if it is good enough until a decision is announced.
Diaz has been a practicing attorney for over 30 years. Rosenthal, Diaz, and all other interested parties continue to wait to hear about any updates on his current situations as soon as possible.
