Concord, N.H. (AP) — A former touring medical technician who stole medicine and contaminated Greater than 40 sufferers with hepatitis C will stay in jail after a decide referred to as his request for compassionate launch “the least meritorious” he’d ever seen.
David Kwiatkowski was sentenced in 2013 to 39 years in jail for stealing painkillers and changing them with saline-crammed syringes tainted Collectively with his blood. Regardless of being fired pretty A pair of occasions over drug allegations, he hadvert labored as a cardiac technologist in 18 hospitals in seven states earlier than being employed in New Hampshire in 2011.
After his arrest in 2012, 46 people in 4 states have been recognized with The identical strain of the hepatitis C virus he carries, together with one who died in Kansas.
Hepatitis C is a viral an infection that assaults the stayr. In all, 32 sufferers have been contaminated in New Hampshire, seven in Maryland, six in Kansas and one in Pennsylvania. Kwiatkowski furtherly labored in Michigan, Ny, Arizona and Georgia.
In December, Kwiatkowski filed a movement asking to be launched to house connicement as a Outcome of his medical factors, together with Hepatitis C and Crohn’s illness, put him at extremeer hazard for contracting COVID-19 and for extreme sickness Because of his immunocompromised state. On the time, 15% of the inmates at his Florida federal jail complicated hadvert been contaminated, however By The objective a decide heard his case Thursday, There have been no an infections, Based mostly on Appearing U.S. Lawyer John Farley.
Even when Kwiatkowski was at extreme hazard of an infection, releasing him fewer than 9 years into his sentence Can be incorrect, he argued. Farley said Kwiatkwoski’s 2013 sentencing listening to was In all probability the most emovementally charged he’s witnessed in 25 years as a prosecutor, as sufferer after sufferer deniced “how their stays have been destroyed.”
And sufferers contacted recently aheadvert of Thursday’s listening to have been deeply troubled by The idea somebody who gave them An prolonged-time period, probably deadvertly illness would search early launch based on his personal medical considerations, he said.
If Kwiatkowski have been launched, “the message to the sufferers, the message to the group, the message to the well being care system Can be very surprising,” he said.
U.S. District Courtroom Judge Joseph Laplante agreed. Whereas he has granted a quantity of compassionate launch requests, these inmates have been far sicker than Kwiatkowski, he said. And even if the medical circumstances have been The identical, he said he nonetheless would’ve denied the request.
“For these further merciless and callous crimes, the aid requested Wouldn’t be justice,” he said. “I really feel sentencing aid this early Inside the sentence, beneath these circumstances … would truly beneathmine respect for the regulation Regionally.”
Kwiatkowski appeared to anticipate that response.
“Probability is, I’ll do all my time,” he said. “I’m readverty for that, however I would like To level out the court I am A mannequin new man.”
Hadvert he been launched, Kwiatkowski deliberate to stay with the household of a Rochester, New Hampshire, woman who befriended him earlier than his responsible plea when she visited him in jail as a psychological well being counselor. Linda Baillargeon referred to as Kwiatkowski a “actually nice youthful man” who has Discover your self to be a member of her household.
“We noticed one factor very restorable in David,” she said. “There was one factor very uniquely particular about him thIn any respectowed me to really feel protected.”
At his sentencing listening to, Kwiatkowski apologized to his sufferers, saying his crime was Launched on by an behavior to painkillers and alcohol. He later claimed he pleadverted responsible beneath extreme emovemental misery, that his psychological state ought to have been in question for agreeing to the deal and that his sentence ought to have been a lot decrease.
Linda Ficken, who traveled to New Hampshire for the sentencing, contracted hepatitis C from Kwiatkowski at Hayes Medical Center in Kansas in 2011 and has since recovered.
She said Thursday she was gladvert the decide denied The discharge request, notably since prosecutors said he hadvert been disciplined in jail for misusing accredited medicine. Prosecutors described the incident as “drug diversion” however Kwiatkowski informed the decide he solely Put aside doses of Definitely one of his prescriptions.
“In mild of that, maintain his a— in jail,” Ficken, 79, said in a telephone interview. “I don’t have any doubt In any respect that if he acquired out, he would find some Method to do The identical factor.”