Mental Health Case

Mental Health Led to Home Confinement Instead of Prison

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District of Massachusetts 
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United States v. Frisiello
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Case Number:
1:18-cr-10314
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Offense Level:
24 (51-63 months)
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Before
Defendant faced prison time due to autism and learning disabilities
A 24-year-old defendant with autism and learning disabilities faced a potential prison sentence for sending political-based threats.
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After
Sentenced to 1 year of home confinement and 5 years of supervised release
Judge sentenced him to 1 year of home confinement and 5 years of supervised release, recognizing the hardships prison would create for his mental health.

Summary

Male defendant sent threats to political figures and then acted by sending a non-toxic powder substance in an envelope. The envelope was caught through normal screening and the defendant was easily tracked to an address and arrested.

The defendant had no criminal history, was 24 years old and lived in his parent's home.He had autism and learning disabilities from an oxygen deficiency during birth.

Argument for Mitigation

The type of learning disabilities and the defendant's autism would make a term in prison difficult. Sounds, lights, and the ability to be manipulated, extorted, by other prisoners would pose a challenge to any term of incarceration.

In addition, the defendant would be given a public safety factor that would have placed him in a Low security facility (not a minimum camp), where he would be around more seasoned criminals. Even though the defendant understood that what he had done was wrong, he could not comprehend the punishment associated with his actions.

The Bureau of Prisons did not have specific programs to meet the mental needs of the defendant and he would likely have little social interaction.  Prisonology provided a declaration stating the advanced security requirements and the issues a prisoner with learning disabilities and autism would face in prison.

Actual Outcome

Judge sentenced him to 1 year of home confinement and 5 years of supervised release,recognizing the hardships prison would create for his mental health.

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