Former House speaker Sal DiMasi loses bid to stay in federal prison in Rhode Island
Former House speaker Salvatore F. DiMasi has lost his bid to stay in Rhode Island — instead of a federal prison in Kentucky — while his lawyers prepare his appeal of a conviction on corruption charges.
In a four-page ruling made public Sunday, US District Court Chief Judge Mark Wolf said arguments made by DiMasi and his attorney, Thomas R. Kiley, did not convince him he should take a role in deciding where DiMasi should serve his eight-year sentence.
Last September, Wolf did recommend to the US Bureau of Prisons that DiMasi, a North End resident, be assigned to the federal prison hospital at Fort Devens in Ayer because of his health issues and the health of his wife.
But this time, the judge wrote that to further involve himself would be both unprecedented and unwarranted.
“DiMasi has not demonstrated any distinctive need to remain in the First Circuit pending the preparation of his appeal and the government has provided persuasive reasons to deny his request,’’ Wolf wrote. “This court does not recall ever receiving, let alone granting, such a request.’’
In court papers, Kiley wrote that keeping the former lawmaker at the Donald W. Wyatt Detention Facility in Central Falls was necessary so DiMasi could fully participate in preparing his appeal.
DiMasi was transferred to Wyatt last month so he could testify before a federal grand jury in Worcester, people with direct knowledge of DiMasi’s travels have told the Globe. The grand jury is looking into corruption allegations at the state Probation Department.
Without making a direct reference to the grand jury, prosecutors in US Attorney Carmen Ortiz’s office said in court papers that the “reason for his temporary custody at Wyatt no longer exists’’ and he should be sent back to Kentucky.
Prosecutors argued that letting DiMasi stay close to Boston would leave the impression that the politically connected can get special benefits even after they are imprisoned for betraying the public trust.
Quoting from an earlier ruling, prosecutors wrote that “a recommendation that the (US Marshals Service) use public funds to house DiMasi closer to his attorneys — and coincidentally closer to his family — would ‘encourage the perception that those who were previously powerful receive preferential treatment in federal court.’’’
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