Case 1:19-cr-00014-AMD Document 46 Filed 01/31/19 Page 1 of 2 PageID #: 202

January 31, 2019

VIA ECF & HAND

The Honorable Ann M. Donnelly
United States District Judge
United States District Court
Eastern District of New York
225 Cadman Plaza East
Brooklyn, NY 11201

Re: United States v. Dino Sanchez, No. 1:19-cr-14 (AMD)

Dear Judge Donnelly:

Defendant Dino Sanchez respectfully moves on an emergent basis to reopen his bail
application, which this Court denied on January 29, 2019, or, in the alternative, for an order
enjoining the government from continuing to detain him at the Metropolitan Detention Center
(MDC) without heat, electricity, adequate medical care, or access to counsel.

As set forth in the attached affidavit, the MDC has been without power or heat since
January 27, 2019, following a fire in the institution. The MDC has not provided Mr. Sanchez
with additional blankets or clothing since the power outage. Nor has it provided Mr. Sanchez the
opportunity to purchase additional covers or clothing through commissary. Mr. Sanchez, instead,
has been left to freeze in his short-sleeved jumpsuit in the dark.

As this Court is aware, Mr. Sanchez suffers from chronic asthma. Additionally, he has an
enlarged heart and is diabetic. The current conditions are exacerbating his health problems. Thus,
Mr. Sanchez has had trouble breathing the cold, stagnant air and is experiencing fits of coughing
and wheezing. Mr. Sanchez has had to use his asthma inhaler repeatedly, despite the warning
label’s admonition that it be use no more than twice a day. And Mr. Sanchez is experiencing
chest pains and lightheadedness. Before the power outage, Mr. Sanchez already suffered one
asthma attack and fainting spell. Despite knowing about Mr. Sanchez’s condition, MDC has
taken no steps to provide him an oxygen mask, clothing, blankets, or access to a habitable
location that will mitigate his health risks. Rather, the jail has left him in the same conditions,
where he is likely to have another episode — potentially at night, when his housing unit is dark
and attending officers may be unable to see and respond to him.
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Besides triggering and complicating his medical problems, the MDC’s current conditions
have substantially interfered with Mr. Sanchez’s ability to meet with his attorneys. Legal
visitation has been cancelled every day since January 27 — typically, at the last minute, with
little notice to attorneys planning to visit their clients, and in violation of the Sixth Amendment
and the Bureau of Prisons’ own regulations. See 28 C.F.R. § 551.117(a). Nor has the MDC been
able to tell our office when we can next expect to be able to see Mr. Sanchez. Indeed, the only
reason Mr. Sanchez is able to put forward this motion today is by sheer luck that he was
produced for a court hearing on January 29, and was able to reach our office for a brief 15-
minute call while he was temporarily allowed out of his cell this afternoon.

Collectively, these conditions merit relief. Because the MDC’s current conditions imperil
Mr. Sanchez’s health and interfere with his ability to meet with counsel, this Court should
release Mr. Sanchez under the Bail Reform Act, pursuant to the substantial bail package that Mr.
Sanchez previously advanced, at least temporarily until the jail has resolved these problems. See
18 U.S.C. § 3142(i) (permitting judicial officer to order “temporary release of the person, in the
custody of a United States marshal or another appropriate person, to the extent that the judicial
officer determines such release to be necessary for preparation of the person’s defense or for
another compelling reason”). In the alternative, the Court should enjoin the Bureau of Prisons to
release Mr. Sanchez, transfer him to another facility, or otherwise take ameliorative measures to
protect his rights to due process and the effective assistance of counsel. See generally Caiozzo v.
Koreman, 581 F.3d 63, 71-72 (2d Cir. 2009) (pretrial detainee’s due process rights are violated
where jail disregards risk of harm to inmate of which it is aware); Benjamin v. Fraser, 343 F.3d
35, 52 (2d Cir. 2003) (affirming finding that inadequate ventilation, lighting, and exposure to
extremes of temperature violated pretrial detainees’ constitutional rights); Benjamin v. Fraser,
264 F.3d 175, 185-87 (2d Cir. 2001) (affirming finding that jails’ obstruction of attorney
visitation denied pretrial detainees’ right to counsel).

Thank you in advance for your consideration of this emergency motion.

Respectfully submitted,

/s/ Benjamin Yaster

Benjamin Yaster, AFD
Federal Defenders of New York, Inc.
Tel: (718) 330-1291
Fax: (718) 855-0760
Benjamin_Yaster@fd.org
Case 1:19-cr-00014-AMD Document 46-1 Filed 01/31/19 Page 1 of 3 PageID #: 204

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
------------------------------------------------------X

UNITED STATES OF AMERICA :

-against- :

DINO SANCHEZ :

Defendant. : 19-cr-14 (AMD)

------------------------------------------------------X

ATTORNEY AFFIDAVIT

My name is Benjamin Yaster and I am an Assistant Federal Defender at the Federal Defenders of
New York, Eastern District. I declare under penalty of perjury that my client, Dino Sanchez,
related the following facts to me today, January 31, 2019, and on January 29, 2019:

1. Mr. Sanchez was arrested and arraigned on January 16, 2019. He was detained following
the arraignment and, since that date, has been housed at the Metropolitan Detention
Center (MDC) in Brooklyn, New York. He is currently housed on Unit 22 on the seventh
floor.

2. Mr. Sanchez suffers from chronic asthma. Before his arrest, he treated his condition with
an oxygen mask and an asthma inhaler, both of which he used daily. He also has an
enlarged heart and is pre-diabetic.

3. While detained at the MDC, Mr. Sanchez has been denied any access to an oxygen mask
for his condition. Further, until January 30, 2019, he has had to rely on the two asthma
inhalers that were in his possession when he was arrested.

4. The conditions at the MDC have exacerbated Mr. Sanchez’s asthma. On January 17,
2019, the day after his arrest, Mr. Sanchez was placed in the Segregated Housing Unit
(SHU) for reasons that were never explained to him. Mr. Sanchez had an asthma attack
that day. He used his inhaler to calm the attack, but his chest then began to hurt badly, his
heart pounded, and he felt lightheaded. Mr. Sanchez fainted and was brought to the
medical unit for treatment. There, he told the medical staff about his asthma history and
need to use an oxygen mask in addition to an inhaler. The medical staff did not provide
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Mr. Sanchez with any oxygen, but instead released him back to the SHU with a
prescription for his chest pain. Mr. Sanchez was never scheduled for any follow-up
evaluation. He was returned the SHU, where he remained until January 22, 2019. He has
never received the pain medication he was prescribed.

5. While in the SHU, Mr. Sanchez exhausted one of his two asthma inhalers. He has had to
rely on what remains of his second inhaler since then.

6. On January 27, 2019, there was a fire at the MDC. Following the fire, Mr. Sanchez’s
housing unit has been without electricity. The unit has had to rely on the limited sunlight
to illuminate their cells during the day. Once the sun sets, the housing unit is dark.

7. Since January 27, 2019, Mr. Sanchez’s housing unit has been without heat, and has
grown increasing cold, due to the sub-zero temperatures outside. Mr. Sanchez has only
been given the single, thin blanket he received upon intake. He has not been provided any
additional blankets or clothing while the heat is out. Further, hot water has been
unavailable for long stretches of time.

8. From the time of the fire, until yesterday, Mr. Sanchez was locked in his cell 23 hours a
day. And since January 27, 2019, Mr. Sanchez’s housing unit has been denied any
commissary. Accordingly, Mr. Sanchez has been unable to order thermal shirts or pants,
or any additional clothing, to warm him while the heat is out. He only has the short-
sleeved jumpsuit, t-shirt, underwear, and socks he was given at intake.

9. The lack of electricity, heat, and hot water has impacted Mr. Sanchez’s health and well-
being. Specifically, these conditions are causing Mr. Sanchez significant breathing
problems, including fits of coughing and wheezing, and are exacerbating his asthma. Mr.
Sanchez has repeatedly felt like he is on the verge of an asthma attack, and has needed to
use his asthma inhaler multiple times a day, even though it is not intended for that
frequent use. The repeated use of his inhaler is hurting his chest and causing him to feel
lightheaded. Mr. Sanchez is afraid that he will faint again, and that in the darkness MDC
staff will not see that he has collapsed.

10. On January 29, 2019, Mr. Sanchez appeared before this Court for a status conference and
bail appeal. During that hearing, I informed the Court about Mr. Sanchez’s condition, his
asthma attack in custody, the unavailability of an oxygen mask, his reliance on his
remaining asthma inhaler, and the impact of the ongoing power outage on Mr. Sanchez’s
health. The Court instructed the government to notify MDC that Mr. Sanchez needed an
additional inhaler.

11. On January 30, 2019, Mr. Sanchez received a Proair inhaler. He was instructed to use it
no more than two times a day. Nevertheless, because of the conditions in his housing unit

2
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and his breathing problems, he has needed to use the inhaler repeatedly. Mr. Sanchez has
never been offered an oxygen mask.

12. Since January 27, 2019, Mr. Sanchez has had no access to email, social visits, or social
phone calls. The only people he has been able to contact is my office, on the jail’s legal
phone line, for brief phone calls when he has been temporarily released from his cell.

13. Since January 27, 2019, I have been unable to visit Mr. Sanchez at the MDC because all
legal visitation has been cancelled. I have only been able to speak with Mr. Sanchez
before and after court on January 29, and today when he was able to brieflyreach me by
phone.

14. I declare under penalty of perjury that the foregoing is true and correct.

Dated: January 31, 2019

Brooklyn, New York

/s/ Benjamin Yaster