A Vermont judge has rejected a bid by eight men held in pretrial detention to be released from a Newport prison beset by an outbreak of Covid-19.
Orleans County Judge Gregory Rainville’s six-page decision, issued Friday afternoon, came after a hearing earlier this week, where attorneys for the eight men cited concern over the risk of infection at Northern State Correctional Facility, the state’s largest prison. At least 145 inmates at the Newport facility have tested positive for the coronavirus.
Orleans County State’s Attorney Jennifer Barrett opposed release of the eight prisoners, arguing that some are being held for violent offenses while others have previously been released, only to violate conditions.
In his ruling, Rainville sided with the prosecution.
“In summary, while the court recognizes risk factors relevant to the inmates’ situation, the court denies the petition of each defendant included in the motion as it relates to Covid-19, finding that the court lacks authority to grant the request for relief under the bail statute relied on by the defendants,” the judge wrote.
“Regardless of how rampant the virus is,” Rainville wrote, “defendants have not connected Covid-19 to the statutory factors regarding risk of flight or risk to the public that the court must consider when making a determination of release.”
Attorney Kelly Green, who filed the joint motion on behalf of the eight men, had just received a copy of the decision late Friday afternoon and was not immediately prepared to comment in detail about it.
“We’re greatly disappointed and we hope that none of these gentlemen become very sick,” said Green, who works for the state Prisoners’ Rights Office.
Barrett did not immediately reply Friday to an email seeking comment.
The outbreak at the prison started late last month. In early March, a round of testing revealed 100 inmates had been infected with the virus. Additional testing has taken place, with results from another round earlier this week showing nine more infected inmates.
In total since the outbreak, 145 inmates have tested positive at the prison, according to Rachel Feldman, a spokesperson for the Department of Corrections.
Northern State houses about 340 prisoners.
As of 2 p.m. Friday, nearly 100 incarcerated individuals who have been infected with Covid-19 had been “medically cleared,” showing no symptoms and no longer considered positive for the virus, Feldman said.
Since the outbreak began, according to Feldman, a handful of incarcerated individuals infected with the virus had been taken to a hospital, but none had been admitted.
