Case 1:18-cr-00100-RDB Document 24 Filed 07/05/18 Page 1 of 2 MICHAEL D. MONTEMARANO, P.A. Attorney and Counsellor at Law 3826 PAUL MILL ROAD SUITE 204 ELLICOTT CITY, MARYLAND 21042 (410) 992-0067 FAX (443) 663-3002 email: montemarano67@gmail.com July 5, 2018 VIA CM/ECF The Honorable A. David Copperthite United States Magistrate Judge United States Courthouse 101 West Lombard Street Baltimore, MD 21201 RE: United States v. Kenneth Fischer No. RDB-18-100 Emergency medical treatment request Dear Judge Copperthite: Please accept this as the defense emergency request for medical attention and treatment for Mr. Fischer, based upon his description to me of his situation communicated to me yesterday morning when I visited him at the MTC hospital unit. We request an immediate hearing, and I therefore have copied this to today’s duty magistrate as well. Mr. Fischer broke his right ankle badly in two places on June 1. Although surgery was deemed necessary within days, per the ER doctors who examined him that date, it was not scheduled until June 15. He has had a plate and twelve screws inserted in his ankle, and is in a non-weight-bearing splint. At the point of his surgery, he was told the staples closing his incision in his ankle would need to be removed in about two weeks. As of today, they remain in and no indication has been given Mr. Fischer when they will be removed. I can inform the Court that I have been told, having had staples in my neck in 2015 after my spinal fusion surgery, that complications can arise from leaving them in for too long. By themselves, we submit, these facts merit the Court’s attention. Mr. Fischer’s situation, however, is far more serious that this portrays. Mr. Fischer has been held since June 1 in the hospital unit at MTC, and is told he will not be returned to CDF until he can bear weight on his ankle. He has not been permitted any of the following, nor have these serious and immediate concerns been addressed, notwithstanding his serial requests. Repeatedly he has been told by the MTC staff no more than that he must make such requests to CDF staff, to whom he does not have, nor has he been afforded, any sort of access. Catch-22, indeed. Case 1:18-cr-00100-RDB Document 24 Filed 07/05/18 Page 2 of 2 The Honorable A. David Copperthite United States Magistrate Judge July 5, 2018 page 2 of 2 • Regular laundry service; his laundry has been done only twice in nearly six weeks. • Regular cleaning of his cell, which he cannot accomplish while on crutches for his nonweight-bearing splint. It has been cleaned three times in six weeks. • Clean bedclothes; his sheets have been changed once in six weeks. • As a proximate result of these hygiene-related issues, Mr. Fischer has developed a large (two inch across) abcess on the inside of his upper right thigh, only two inches below his groin. This has gone untreated for over a week. • Access to any of his property, to include clothing, toiletries, etc. After being denied his soap, toothpaste, etc., for over a week, he was given an “indigent pack.” He had been told to pack his property to take it with him when transferred, but it was not brought to him. He now understands his property is held at CDF in the property section. • Meeting(s) with a case manager at MTC; his requests have been refused summarily. Repeatedly he has been told by MTC staff no more than that he must make such requests to CDF staff, to whom he does not have access, and MTC staff have refused to communicate across Madison Street on his behalf or otherwise assist him. • Response by the MTC Warden, to whom he has written on three occasions, to his complaints regarding these conditions.. • Mr. Fischer is held in isolation, and has nothing to occupy his time, no reading material, TV, radio, and no legal materials as provided by counsel. I am aware of no provision of the Bail Reform Act which operates to delimit my client’s right to safety and health as guaranteed by the Eighth Amendment. Frankly, the abdication of responsibility by the custodians of a disabled individual is shocking on its face. Thank you for your attention to this. Very truly yours, /s/ Michael D. Montemarano MDM/ap cc: Hon. Richard D. Bennett, USDJ (via email) DUSM Kurt Vogan, Prisoner Operations (via email) Ms. Donna Hansen, Security Chief, MTC (Via fax and email) Ms. Renee Alexander, Warden CDF (via fax) Hon. Stephanie A. Gallagher, USMJ-Duty (via email)