Woman gets release from prison while awaiting sentencing because coronavirus court delays mean she could spend more time waiting for that than the length of her sentence

A federal judge yesterday ordered the pre-sentencing release of a woman detained at MCI Framingham after her lawyer argued that Covid-19 issues have so slowed the wheels of justice she could wind up spending more time behind bars just waiting for a judge to consider her plea-bargain deal with prosecutors than she would get under her proposed sentence.

The US Attorney's office in Boston agreed to the request by the lawyer for Brooke Cotell, who was arrested on May 20 of last year on a charge of conspiracy to possess heroin with the intent to distribute for her alleged participation in a Cape Cod drug ring. Cotell had previously agreed to plead guilty, in a deal with prosecutors that could get her 18 to 24 months in prison if a judge in US District Court in Boston also agrees.

In his motion to Magistrate Judge Marianne Bowler, attorney William Connolly argued:

In light of anticipated delays in this case due to the current COVID-19 mitigation measures implemented in the District of Massachusetts, the parties believe that Cotell's continued detention could result in Cotell serving a longer period of incarceration than her anticipated sentence. On this basis alone, it is appropriate for this Court to consider Cotell's release on conditions that require Cotell to reside with her father and her young son at her father's house in Hyannis. Cotell's father, who is a responsible and law-abiding man, has agreed to serve as a third-party custodian and report any violations of his daughter's release conditions to this Court. The Defendant submits that these conditions will reasonable assure the appearance of the Defendant and the safety of the community, and therefore satisfy [federal bail guidelines].

Connolly also argued her release would reduce the chances of Covid-19 spread at MCI Framingham by helping to reduce its overall head count.