WASHINGTON (Pakistan Point News / Sputnik - 05th January, 2021) The legal defense of Russian national Konstantin Yaroshenko, who is currently jailed at the Danbury correctional facility in Connecticut, has responded to the US government's opposition to his early release by January 4, Yaroshenko's lawyer Alexey Tarasov told Sputnik.
"We have filed with the US District Court for the Southern District of New York our reply memorandum to the government's opposition to our motion for the compassionate release of Konstantin Yaroshenko," Tarasov said.
In the 10-page reply, the defense emphasized the fact that Yaroshenko was convicted in conspiracy only, and the crime actually never was fulfilled, he added.
"There were never any narcotics transported to any part of the globe. Yaroshenko personally took part in only two meetings on May 13 and May 15, 2010, he met with the other co-conspirator for about an hour each time," the lawyer noted.
Speaking of the health concerns, Tarasov noted that Yaroshenko has experienced several medical conditions that make the possibility for COVID-19 infection very problematic for him, including hypertension, hyperlipidemia and other deceases.
The prison in Danbury currently faces the second outbreak of the COVID-19 and currently has 20 infections, while there were 57 cases in the middle of December, the lawyer said.
He urged the court "not to wait until Yaroshenko actually gets infected with the virus."
"Based on the fatality of the circumstances presented here, we ask for the court to grant compassionate release to Konstantin Yaroshenko," the lawyer noted.
The defense also mentioned in the reply that Yaroshenko's wife wrote a letter where she has apologized to the American people for what has happened and has expressed profound regret, Tarasov said.
Speaking of the future developments, Tarasov noted that the court can schedule the hearing and make the decision after that, or could issue the ruling without a hearing.
"We do not know about the timing, it is entirely up to the court," he said.
On December 19, Yaroshenko's legal defense filed a motion for a compassionate release on health grounds. At the time, Tarasov told Sputnik that Yaroshenko suffers from hypertension, hyperlipidemia and arthritis, which the US health authorities have characterized as severe illnesses in case an individual contracts the novel coronavirus.
Later in December, US government expressed opposition for Yaroshenko's early release.
Yaroshenko was arrested in Liberia in May 2010 on suspicion of drug trafficking. A year later, he was extradited to the United States and sentenced to 20 years in prison for allegedly taking part in a conspiracy to smuggle a large amount of drugs into the country. Yaroshenko has denied all charges.
