Manna DeSciscio and Casella were convicted on conspiracy to kill Gottis, murder of Schiff and also a gambling charge, and some other mundane things. But the fact is that all of it is suspect based on FBI surveillance logs and other evidence. And had they not gotten that gambling charge which was based on the testimony of one cop, they would've gotten parole and been out of prison already.

Desciscio also has a habeas petition pending in which he is seeking immediate bail or in the alternative compassionate release/reduction in sentence. The govt filed its opposition on Monday in which they state that the chance of recidivism is zero and that he is not a danger to society but because of his "egregious" crimes, there is a "real need" to keep him behind bars. Similar to what the govt wrote in opposition to Manna.

The judge in Manna's denial is the same judge who will decide on DeSciscio. However, the judge in Manna's motion did not really delve into the comparisons his lawyers cited who received a compassionate release. One guy is 86 years old and served 32 years of an 80-year sentence and he was the head of a violent gang in KC. The other guy was the head of a violent drug trafficking ring in Harlem in the 70s who got a life sentence. Both of them were released. Neither of them has as serious medical issues as Manna. And there are many, many more (including a 47-year old terrorist who was nothing more than "obese" when he was released last summer) who have been released as well.

The judge in Manna's denial said that granting compassionate release is at the "judge's discretion" and cited case law to support that. It basically means that it is personal feelings that drive a decision instead of legal precedent.

Manna is 92. DeSciscio is 79. Both of them should be granted release. There is no reason they should be behind bars.

Here is the end of the govt's opposition brief on DeSciscio

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