For the Defense - Volume 2, Issue 4 - 2017 - 33

As this was truly one of the most arduous tasks I
had completed as an attorney, all for less than 48 hours
of relative freedom and a dignified death. But that
time meant the world to Frank and his family and had
a tremendous impact on me. I had the power to help
someone. It was not easy or quick, but the ultimate
result was well worth it.

would get my client out faster than a legal fight.
So, I fashioned an amended Order requiring
electronic home monitoring for a man who could
not walk (and who would not be eligible for
release to hospice if he could).14 Near the end
of the next business day, I received the signed
amended Order. Finally, Frank would be released
and brought to his sister's home via ambulance,
arranged by the DOC medical department.15 The
monitoring device was provided by the DOC.
Hospice would begin providing services at home
immediately.
Sadly, Frank passed away on August 27, 2017,
less than two full days after his release. His sister
informed me the next morning that it meant a
lot to the family that he passed away at home
with dignity.
This was truly one of the most arduous tasks I
had completed as an attorney, all for less than 48
hours of relative freedom and a dignified death.
But that time meant the world to Frank and his
family and had a tremendous impact on me. I had
the power to help someone. It was not easy or
quick, but the ultimate result was well worth it.
Compassionate release in Pennsylvania needs

a tremendous overhaul. It should not be this
difficult. The DOC should amend its internal rules
and procedures to require expedited handling of
record requests in these cases, and should presumptively waive any fees. Their counsel's office
should reconsider its erroneous interpretation of
the electronic monitoring provision. Ultimately,
the Legislature should revise the entire procedure
to make it administrative, so that the inmate's
counselor or the institutional pre-release social
worker can handle it for the inmate without
requiring the assistance of counsel.
One of the most infuriating facts about
Frank's circumstances was that he had served his
RRRI16 minimum. However, he was not paroled
because he did not complete the therapeutic
community programming. Frank was too ill
to complete this programming. While Frank's
compassionate release request was successful, it
took a month. For that month, he withered away
from end stage colon cancer. Unfortunately, the
delay in Frank's case is typical of the timeline for
a compassionate release petition.
The average cost of incarcerating an inmate
at a Pennsylvania State Prison is approximately
Vol. 2, Issue 4 | For The Defense

33



Table of Contents for the Digital Edition of For the Defense - Volume 2, Issue 4 - 2017

Table of Contents
Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
Changes in the DUI Landscape: Acts 33 and 30
Police Misconduct Resulting in Arrest: Weighing the Options
Dying with Dignity: Compassionate Release in Pennsylvania
Amicus Matters
Attorney Discipline
Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 1
For the Defense - Volume 2, Issue 4 - 2017 - 2
For the Defense - Volume 2, Issue 4 - 2017 - Table of Contents
For the Defense - Volume 2, Issue 4 - 2017 - 4
For the Defense - Volume 2, Issue 4 - 2017 - Commonwealth v. Jerome King and Beyond: Trial Counsel’s Obligation to Cooperate with an Ineffective Assistance of Counsel Claim
For the Defense - Volume 2, Issue 4 - 2017 - 6
For the Defense - Volume 2, Issue 4 - 2017 - 7
For the Defense - Volume 2, Issue 4 - 2017 - 8
For the Defense - Volume 2, Issue 4 - 2017 - 9
For the Defense - Volume 2, Issue 4 - 2017 - 10
For the Defense - Volume 2, Issue 4 - 2017 - United States ex rel. Petratos v. Genentech Inc. – The Third Circuit Embraces A Rigorous Pleading Standard for Materiality In False Claims Act Suits, But Leaves Healthcare Industry Defendants Vulnerable On Medicare Claims
For the Defense - Volume 2, Issue 4 - 2017 - 12
For the Defense - Volume 2, Issue 4 - 2017 - 13
For the Defense - Volume 2, Issue 4 - 2017 - 14
For the Defense - Volume 2, Issue 4 - 2017 - 15
For the Defense - Volume 2, Issue 4 - 2017 - 16
For the Defense - Volume 2, Issue 4 - 2017 - 17
For the Defense - Volume 2, Issue 4 - 2017 - Changes in the DUI Landscape: Acts 33 and 30
For the Defense - Volume 2, Issue 4 - 2017 - 19
For the Defense - Volume 2, Issue 4 - 2017 - 20
For the Defense - Volume 2, Issue 4 - 2017 - 21
For the Defense - Volume 2, Issue 4 - 2017 - Police Misconduct Resulting in Arrest: Weighing the Options
For the Defense - Volume 2, Issue 4 - 2017 - 23
For the Defense - Volume 2, Issue 4 - 2017 - 24
For the Defense - Volume 2, Issue 4 - 2017 - 25
For the Defense - Volume 2, Issue 4 - 2017 - 26
For the Defense - Volume 2, Issue 4 - 2017 - 27
For the Defense - Volume 2, Issue 4 - 2017 - 28
For the Defense - Volume 2, Issue 4 - 2017 - Dying with Dignity: Compassionate Release in Pennsylvania
For the Defense - Volume 2, Issue 4 - 2017 - 30
For the Defense - Volume 2, Issue 4 - 2017 - 31
For the Defense - Volume 2, Issue 4 - 2017 - 32
For the Defense - Volume 2, Issue 4 - 2017 - 33
For the Defense - Volume 2, Issue 4 - 2017 - 34
For the Defense - Volume 2, Issue 4 - 2017 - Amicus Matters
For the Defense - Volume 2, Issue 4 - 2017 - 36
For the Defense - Volume 2, Issue 4 - 2017 - 37
For the Defense - Volume 2, Issue 4 - 2017 - 38
For the Defense - Volume 2, Issue 4 - 2017 - 39
For the Defense - Volume 2, Issue 4 - 2017 - Attorney Discipline
For the Defense - Volume 2, Issue 4 - 2017 - 41
For the Defense - Volume 2, Issue 4 - 2017 - 42
For the Defense - Volume 2, Issue 4 - 2017 - 43
For the Defense - Volume 2, Issue 4 - 2017 - Finding the Hidden Data in Technology to Defend Your Client
For the Defense - Volume 2, Issue 4 - 2017 - 45
For the Defense - Volume 2, Issue 4 - 2017 - 46
For the Defense - Volume 2, Issue 4 - 2017 - 47
For the Defense - Volume 2, Issue 4 - 2017 - 48
For the Defense - Volume 2, Issue 4 - 2017 - 49
For the Defense - Volume 2, Issue 4 - 2017 - 50
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