But, public defenders say, a new compassionate release law is clear that prisoners deemed incapacitated or gravely ill should be let go.
East Jersey State Prison in Rahway, New Jersey. The state Supreme Court is considering whether judges have the discretion to keep gravely ill prisoners locked up even if they meet the state's criteria for compassionate release.East Jersey State Prison in Rahway, New Jersey. The state Supreme Court is considering whether judges have the discretion to keep gravely ill prisoners locked up even if they meet the state's criteria for compassionate release.
But since the law took effect, just two people have been granted their freedom by the courts, identified by their initials in court filings and by the Department of Corrections. J.C. was released on May 20th, 2021 and A.M. was released on June 25th, 2022, according to the department. A.M’s release is one of two cases argued before the Supreme Court on Tuesday. A.M. was convicted of murdering her husband but was freed this June after an appellate court granted her release due to her permanent physical incapacitation cause by end-state multiple-sclerosis.
The second case before the court involves Al-Damany Kamau, formerly known as Eddie Lee Oliver, who shot and killed a Newark detective inside an Essex County courtroom in 1993. His release was denied by Superior Court Judge Ronald Wigley, who ruled that though Kamau met the requirements under the law — he suffers from end-stage multiple sclerosis and is bedridden and can’t eat or go to the bathroom on his own — he didn’t deserve compassion because of the heinous nature of his crime.
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