Jalil Muntaqim, former Black Panther Party member, is one of the longest held people in prison in New York state. This week, he tested positive for COVID-19, and is fighting to stay alive.
“We should be looking for public health criteria to release people, focusing on the fact that Jalil and other elders are most vulnerable and it’s costing the state more money to incarcerate them," said Laura Whitehorn, who's formerly incarcerated herself and is the co-founder of and organizes with RAPP.
in New York, an incarcerated person must be experiencing a disease or syndrome that debilitates or incapacitates them enough so as to"create a reasonable probability that he or she is physically or cognitively incapable of presenting any danger to society." “We thought medical parole standards would change given the pandemic, but they haven’t budged,” Whitehorn said. “Let’s say he survives, what happens then? It takes a long time to get your nutrition, breathing, organ function back, all of that. This is a man who has spent his time mentoring people in prison. Every person I’ve ever spoken to who has been released from prison says that he’s changed their lives. He’s an elder, he’s a grandfather, and he would be an asset to the community.
While oral arguments for Muntaqim were heard on May 28, the decision might not be ready for several weeks. During the hearing, Judge Eugene P. Devine also argued that while Muntaqim may be vulnerable if sent back to prison, he is not"the most vulnerable," and that if they were to grant Muntaqim temporary freedom, it might set a precedent that would require the state to customize release plans for every single prisoner — and the state is nervous about mass release, Carroll said.
Ultimately, Carroll argued during the hearing that despite everything DOCCS says they’ve done, Muntaqim is still in the hospital because the prison's efforts to protect him failed, and that the state now has a duty to protect the medically vulnerable people in prisons like him.
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