Minnesota judge rejects release for unvaccinated prisoner who cited COVID fear

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."

He also noted that when Burke previously appeared in court he was a "buff individual," standing 5 feet 11 and weighing 170 pounds.

Davis wrote that according to prison medical records, Burke at first continued an exercise regime after he was imprisoned and then stopped in an apparent attempt to seek release based on elevated BMI.

According to a memorandum by Assistant U.S. Attorney David MacLaughlin, there were no positive COVID cases in the Duluth prison facility as of July 21.

Morrison said he did not believe that Burke tried to increase his BMI and wrote in a court filing that his client was not given sufficient time to exercise.

But Davis dismissed Burke's request to leave the prison camp and recommended that he instead "focus on his physical activity and well-being and accepting the vaccinations offered as the best path forward to ensure defendant's continued health."

Burke, then 34, and chiropractor Preston Forthun were convicted in 2018 of conducting two separate multimillion-dollar insurance conspiracies. Forthun got a five-year prison sentence.

According to a summary of the case by the U.S. Attorney's Office, the two men devised separate schemes to defraud auto insurance companies by hiring recruiters known as "runners" to solicit car accident victims for treatment at their clinics.

Burke and Forthun paid the runners for each patient they recruited, and in turn the runners paid the patients to induce them to be treated. Burke and Forthun withheld kickbacks to the runners until the patients attended a certain number of treatment sessions.

Randy Furst • 612-673-4224

Twitter: @randyfurst