Saturday, February 18, 2023 8:35:54 AM
The solution here is simple I think...
While there persists any uncertainty about the real condition of Berman's ACTUAL state of health and fitness to stand trial, the most humane thing for the judge to do would be to remand Berman into the Care of the the Federal Bureau of Prisons for his own well being, pending the criminal trial.
They have a duty of care to all under their jurisdiction and so they would be legally compelled to ensure that he was given access to the best medical care available - at no cost to himself - to speed his recovery so that he would be in the best position to be able to vindicate himself at the upcoming trial as early as practically possible.
The fact that he is too unwell to travel and face trial already means that any unwelcome curtailment of the liberties of a potentially innocent man (e.g. to carry on paid employment) would be almost moot, as he is clearly already too ill to benefit from most of the freedoms that his current bail conditions actually afford him. So surely the loss of those limited freedoms that he still enjoys, in his incapacitated state, would be more than offset by having the organisation and costs of his medical care and day to day needs (food, accommodation etc.) provided by the state, instead of having to furnish these from his own apparently limited means?
I think such an outcome could both expedite the process of justice, and ensure that the welfare needs of a potentially vulnerable sick old man were catered to most appropriately.
Its a win win!
Would it be too much to hope that the judge concurs with this assessment!?
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