A federal judge in Minneapolis declared he was "outraged" that an inmate was seeking release from the federal prison camp in Duluth to avoid exposure to the COVID-19 virus, even though the inmate refuses to get vaccinated.
In a judicial order Thursday, U.S. District Judge Michael Davis denied inmate Adam J. Burke's motion for early release. Davis said medical records showed that Burke, who was in excellent physical condition, halted physical activity in prison in an apparent attempt to raise his body mass index (BMI) to make himself eligible for the "compassionate release" program developed by the Federal Bureau of Prisons during the pandemic.
Burke, 37, of Minneapolis, was a chiropractor practicing in Edina who was convicted in 2018 of masterminding a white-collar fraud scheme to defraud auto insurance companies and sentenced to 7 ½ years in prison.
"The court is outraged that defendant would profess to be terrified for his life by the COVID-19 pandemic and yet reject a highly effective and safe vaccine," Davis wrote.
He continued: "Defendant appears to request that the court reward defendant's decision to significantly raise his risk of contracting COVID-19 by releasing him into the community where he can serve as a vector for the highly contagious Delta variant and endanger those vulnerable members of our community who are unable to benefit from vaccinations."
Aaron Morrison, Burke's attorney, said he disagreed with Davis but respected his opinion. He said Burke's refusal to get vaccinated was influenced by the fact that many Bureau of Prison staffers have not been vaccinated.
Burke, Morrison said, "has limited availability to information so it is no wonder Mr. Burke has some concerns about receiving the vaccination."
Davis wrote that Burke's claim that he is unable to make an informed decision on the safety and efficacy of the vaccine due to his inability to consult with his doctor was "preposterous, particularly given defendant's past education and career in the medical field."
