We previously reported that 6ix9ine’s lawyer Lance Lazzaro was actively working to get his client out of prison as he has health concerns such as asthma that could point to contracting the deadly virus (March 22). In case you need a refresher, Lazzaro asked Judge Engelmayer if the rapper could be released to home confinement to serve the rest of his sentence. According to a Complex report, the government denied this.
By denying Lazzaro’s request, this opened up a can of worms, mainly due to the fact that they declared the decision was in the hands of the Bureau of Prisons rather than the judge. Lazzaro fired back noting that 6ix9ine is not a BOP prisoner, he also noted they couldn’t release him if they wanted to.
On March 25, court documents pointed out that Judge Engelmayer reluctantly released the following statement alongside him declaring he lacks the “legal authority” to alter 6ix9ine’s sentence:
“Had the Court known that sentencing Mr. Hernandez to serve the final four months of his term in a federal prison would have exposed him to a heightened health risk, the Court would have directed that these four months be served instead in home confinement.”
Directly after this, Lazzaro who was reached by phone by Complex shared, “The remedy at that point was to apply to the Bureau of Prisons, which I knew would more than likely deny him,” he said. “But they had up to 30 days to issue that denial. I kept pushing them to make a decision immediately because, in today’s environment, with the virus spreading in a way that nobody could have imagined, it was imperative to get a quick decision. So the Bureau of Prisons through the general counsel this morning denied my request for compassionate release. That now becomes an appealable decision in front of Judge Engelmayer.”
On Wednesday morning, Complex reports Lazzaro wrote a letter declaring the government has one final chance to “argue that 6ix9ine should remain behind bars.” He noted they have until 5 p.m. Lazzaro also said, “provided that the Court has legal authority to grant the relief requested by defense counsel, the Court intends to do so.”
So basically, unless any additional reasoning behind why he shouldn’t be released emerges, Judge Engelmayer will be left to decide the fate of the rapper. Home confinement could be what is next for Tekashi 6ix9ine and his release could happen today.
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