Health
San Quentin prison demands a judge release a pandemic
Marlin County judges are reviewing the petition of more than 40 San Quentin prisoners who want immediate release to escape the coronavirus outbreak in prison.
Inmates say their continued imprisonment during severe outbreaks violates the eighth revision of the US Constitution, which prohibits “cruel and extraordinary penalties.”
“In reality, people are dead in San Quentin,” said Jose Barrera, a public defender in Marin County.
More than two-thirds of the current population, 2,207 inmates have been virus-positive and 25 have died since the outbreak began in early June. Of the prison employees, 261 tested positive and only 87 returned to work. Sergeant Jail died on Sunday.
Judge Jeffrey Howard is considering a petition for a prisoner. The prisoners originally filed them individually, and Howard integrated them.
Representatives of the inmates include official lawyers’ offices in Marin, San Francisco and Alameda counties, as well as alternative attorneys’ offices in Santa Clara County and Charles Carbon, a San Francisco prisoner’s rights lawyer.
Mr Barrera said the judge’s decision to recognize the petition as a “Marine Corpus” warrant is very important.
“The only way courts can intervene when someone’s case is decided is through a personal warrant,” Varela said. “They call it a magnificent warrant.”
Howard last week ordered the California Department of Corrections and the Department of Rehabilitation to respond to warrants. The state Attorney General’s office replied.
Acting Attorney General Katherine Walton, who wrote the response, wrote that the petition did not meet some procedural requirements. More importantly, Mr. Walton said, “In particular, the complainants suffer irreparable injuries in light of the reduced number of prisoners affected by COVID-19 and the CDV’s measures to prevent the spread of COVID-19. Is not accepted.”
The Orthodontic Rehabilitation Department reported 127 active coronavirus cases during San Quentin prisoners on Tuesday.
Since July 1, San Quentin released 147 prisoners early because of the coronavirus, prison bureau correspondent Dana Simas said Monday.
According to the Attorney General’s Office, half of the 40 petitioners have recovered from the virus, 10 are negative, 4 refused to be tested, and 6 are active.
But prison rights lawyer Carbon says: Unfortunately, that doesn’t completely solve the problem. “
Carbon said scientists are uncertain whether people who survive coronavirus infections will be immune to repeated infections, and if so, how long it will last.
He said the recurrence of this disease at Avenal State Jail in Kings County suggests that immunity may be temporary. The outbreak peaked in Active Case 801 on June 3. By July 15, the number of active cases at Avenal had dropped to 19, while on Monday the number had risen to 335.
Dr. Matt Willis, a public health officer in Marin County, said he chose not to join the controversy over whether prisoners should be released. However, he emailed the judge an assessment of the prison outbreak.
“The 1,200 uninfected prisoners are at great risk of being infected,” Willis said. Despite significant progress compared to poor initial standards, the environment itself is largely overcome by existing architectures. It presents a barrier that cannot be done.”
Willis added that the role of immunity remains unclear.
“If immunity is short-lived or weak after infection, another outbreak of this scale can recur,” he wrote.
Mr Carbon said he will submit a report on Friday on behalf of the 20 inmates who correspond to the Attorney General’s office. According to Carbon, judges have two options: to make a decision or to schedule a hearing of evidence.
“We want, presume, hope, and want a hearing of evidence,” Carbon said, “many of the de facto issues will be further materialized.”
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