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After exhausting all his appeals, he applied for compassionate release in November of 2020 on the grounds that he could suffer severe illness or death as a result of contracting COVID-19. Earlier that same year, he had waived his right to two parole hearings, according to court papers.
“Dr. MacDonald’s underlying medical conditions … constitute extraordinary and compelling reasons for a prison reduction,” wrote his lawyer Hart Miles in the motion.
On Jan. 11, MacDonald tested positive for the virus without experiencing any symptoms and called the results a false positive.
On March 3, he refused the Moderna vaccine — although he suffers from chronic kidney disease, high blood pressure and a history of skin cancer, prosecutors said.
“To the extent that any risk remains, he has voluntarily assumed it by rejecting the risk-mitigating measures offered to him,” wrote Harris. “He cannot reasonably expect that prolonging his risk by declining vaccination will be rewarded with a sentence reduction.”
This is an old article but I had someone ask recently if he were still alive!
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I think cm has finally realized or he has been told by his lawyers, he has no appeals left to use. Or it's also possible he is out of $$, and the lawyers are no longer interested in pro-bono.