By MS | May 20, 2020
Back in December 2020, when Joseph DiNapoli was sentenced to 52 months in prison on racketeering charges stemming from a May 2017 indictment, Judge Siebel made it clear she had no compassion for alleged mobsters no matter what their chronic health conditions might be. And she wasn’t nice about it either.
At that hearing, Siebel sentenced the 84-year-old DiNapoli to 52 months in prison – six months longer than the recommended maximum in his plea deal which called for a range between “36 and 47 months.” Adler had asked for home confinement for his client.
Despite his chronic conditions, which include Type II Diabetes, high cholesterol, hypertension, glaucoma and a myriad of cardiac issues including previous heart valve replacements, open heart surgery, and angioplasty, it didn’t matter to Siebel or any of the prosecuting attorneys, for that matter.
Siebel didn’t even hold a hearing to explain why she was giving this man a sentence longer than the one he agreed to in his plea in which he had pled guilty to “running a gambling operating obligations from bettors on unsuccessful wagers.” He also “admitted that he was a known member of an ‘Enterprise’ and acted in furtherance of the objectives of the charged enterprise.”
So, he got over the maximum sentencing despite his plea – and only for illegal gambling. Think about that. And even though he had serious medical conditions, the government was more than flippant.
Siebel herself stated that the medical care that DiNapoli would receive in prison “will not be of the level he’s getting outside” and that “it is possible that the defendant will die in prison. That is a sad commentary. But it’s also possible he won’t. I certainly hope it doesn’t happen.”
But that’s not all.
Prior to DiNapoli’s sentencing, AUSA Hagan Scotten and AUSA Scott Hartman wrote in a memo to the Court on August 28, 2019, after learning about DiNapoli’s medical conditions, that “a man in his eighties suffers from several health conditions that is unfortunate, but not unusual.”
Their bias towards alleged members of organized crime was evident. It should also be noted that all of this happened before Steven L. Crea’s trial that October which gives even more insight into the government’s thinking.
On February 6, 2020, in a motion for a “stay of execution of judgment” to delay DiNapoli’s start of his prison term pending appeal, he referred back to those August 28 AUSA statements saying: “It is, unfortunately, written by a distinctly younger man who is clearly uneducated about (or appropriately deferentially respectful of) the unusual and combined health issues which cried out for a more sensitive respect to the need to submit the service on a sentence of ‘home confinement’.
And then Adler laid it out like the BS it is:
“Viewed pictorially, it is a legal system equivalent of the memorable scene in the film ‘Goldfinger’ in which Agent James Bond strapped to a gurney, inquires of the villain Goldfinger: ‘Goldfinger, what do you want?’ Without missing a beat, Goldfinger responds: ‘Mr. Bond, I want you to die.’
That’s a pretty damn good assssement.
Fast forward to May 19, 2020, when the coronavirus is in full swing in this country and where the prison population is at one of the higest at risk of catching the virus, especially when an elderly person has all of the serious health issues that the DiNapoli has.
On May 10,2020, Adler filed a motion for compassionate release and home confinement due to the risk of DiNapoli catching the deadly virus because of his health issues and age – the very ones that the CDC states put him in that high-risk category. Add in the fact that despite he is in prison where CDC recommendations can’t be followed and where the virus is spreading like wildfire, not only in New York prisons but also prisons around the country.
Add in the fact that DiNapoli also stated that he wasn’t receiving the proper care during this virus including his the regular checking of his levels and the regular injection of his insulin.
Now, I don’t know if you know anyone who has diabetes, but I do (my mother) and if she doesn’t do what’s stated above, she’s a walking time bomb. Blood clots can form and she could drop dead from a stroke.
And no matter what you think about this man’s crimes, he doesn’t deserve to have what amounts to nothing more than a death sentence hanging over his head because Siebel and the prosecutors are on a sick crusade to give the maximum punishment to every alleged organized crime member in New York.
Why was this guy given six months over the maximum, anyway? An 84-year-old man.? For illegal gambling, no less? It’s outrageous.
But despite all that there isn’t any consideration for him to get a compassionate release because of this crisis. Adler wasn’t asking for an elimination or reduction of sentence. H was asking for home confinement so DiNapoli could receive proper medical care until the crisis was over.
None of it mattered to Siebel, because she has and continues to show that she is stone-cold, unfair and impartial, and seemingly has an over-inflated sense of justice when it comes to alleged members of organized crime.
And once again, like we saw during the trial of Crea, the government twisted the facts (the documents are below.)
Adler presented medical documents to support DiNapoli’s medical conditions. He also included a letter detailing the failure of the Metropolitan Correctional Center in Brooklyn where DiNapoli is housed until the coronavirus crisis is over and he can be moved to another facility to serve his term.
However, as expected, Siebel denied DiNapoli’s request for a number of reasons (which you can read below), and even questioned the authenticity of DiNapoli’s doctor’s signature.
If that isn’t enough, she actually said that there was no cause for concern because DiNapoli had told doctors at the MCC “he feels fine.”
Are you kidding? Of course, he feels fine, at least for a little while, until his systems go haywire and he drops dead. So maybe at the time he said he “feels fine” he got his meds like he’s supposed to. Plus, feeling “fine” is no indication of anyone’s underlying conditions.
So, for her to even say anything like what she did, once again, shows that she cannot judge in a fair and impartial way. In any respect to anything. And that is our opinion.
One thing that should be noted, is that it blows my mind that someone like Michael Spinelli, the brother of the mentally defective and lying informant Robert Spinelli, with nine years left on his sentence, was granted compassionate release because he was a “sick, old man.” Despite the fact it was a different judge. It still was an “emergency motion.”
Maybe it has something to do with this BS that was printed in the May 7, 2020 column of Gang Land:
“Spinelli was different than many of his other “gangster” clients and some of his “white-collar” clients who tended to “badmouth” the federal agents, prosecutors, as well as “the victims who testified against them” and “the judges who sentenced them,” Savitt wrote.
“Michael never once spoke ill in personal terms of either the FBI agents who investigated his case and/or testified against him or of the prosecutors at his trial,” he wrote. “Demonstrating his readiness to accept that they were ‘just doing their job’ and it was ‘nothing personal’ left an indelible impression on me,” the lawyer wrote.
Or maybe it has to do with other reasons that we won’t say here, but I’m sure that Robert DeNero’s fabulous performance back in October 2019 had something to do with it. I guess when you give high praise to shady federal agents, you deserve some sort of reward.
Well, I’m not one of those people and what’s happening here is, in our opinion something more than shday – gross negligence, misconduct, whatever it is you want to call it, but it’s clearly unjust and maybe even illegal.
And if not, it should be. Shame on our this segment of our American Justice System.
Original Post https://thenewyorkmafia.com/judge-siebel-denies-joseph-dinapoli-compassionate-release-during-coronavirus-crisis/?utm_source=rss&utm_medium=rss&utm_campaign=judge-siebel-denies-joseph-dinapoli-compassionate-release-during-coronavirus-crisis