Mossimo Giannulli’s attempt to serve the rest of his five-month prison sentence at home has ended.
Yahoo Entertainment obtained a copy of the order from U.S. District Judge Nathaniel M. Gorton denying Lori Loughlin’s stylist husband’s attempt at a compassionate release. He served five months in prison at FCI-Lompoc in Lompoc, California, for the college admission scandal. His lawyers tried to argue that his long COVID-19 quarantine upon entering prison – which was extended after he complained of symptoms similar to COVID’s – should allow him to be released three months earlier to serve his sentence in home confinement.
In the document, filed on January 26, Gorton said that Giannulli, 57, “is not entitled to a change in his sentence … because he has not shown an ‘extraordinary and convincing’ reason to justify his release. Although the Court is aware of the onerous conditions imposed on the defendant as a result of [Bureau of Prisons’s] emergency response COVID-19, he did not establish that these conditions alone demonstrate an ‘extraordinary and convincing’ reason for his release. “
The judge acknowledged that Giannulli spent a “prolonged” quarantine period – mandatory for a minimum of 14 days for new inmates – to prevent the spread of COVID after the delivery on November 19. However, on December 7, when he was to be transferred to the general population in the facility’s minimal security field, several inmates he was quarantining tested positive. He then reported that he was experiencing “a headache and loss of smell, both symptoms of COVID-19”, therefore, “therefore, his entry quarantine has been extended for a few more weeks”. After several negative tests, he was transferred on January 13.
While Giannulli argued that spending 56 days in quarantine – during which he had access to books, correspondence, TV and other prisoners – significantly damaged his mental, physical and emotional well-being, the judge said “his argument is useless” because “Every prisoner in a BOP facility is currently subject to onerous conditions due to the COVID-19 pandemic” and these conditions “were not unpredictable” when he was sentenced in August. His legal team has also failed to prove that he is ill or suffering from an underlying health condition that puts him at greater risk of complications due to COVID-19.
“Although the defendant’s quarantine was longer than anticipated, he was released to the general population and gave no extraordinary or convincing reason why his current circumstances in the field justify immediate release,” the document said.
And he noted that Giannulli’s sentence included five months in prison “to dissuade and dissuade others who may, like Giannulli, believe that because they can pay, they can break the law. Modifying or reducing the defendant’s sentence in this case would undermine any deterrence. ”Although he added that if any” mitigating circumstance occurs in the future, the director can intervene or the defendant can file a new motion. “
If Giannulli had been released, he would have served house arrest in the new $ 9.5 million house that he and Loughlin reduced during the summer.
Prosecutors recently filed an opposition to early release and denied that the designer was in “solitary confinement”, the term used by Giannulli’s son, Gianni. Massachusetts District Attorney General Andrew Lelling said that while many prisoners are divided into cells for quarantine, Giannulli had his own cell, but was in a block of other cells, allowing communication with other prisoners in the unit . He also had time off his cell phone three days a week to bathe, use the phone and send e-mail.
Although Giannulli’s legal team expressed concern about him catching COVID – which caused 420,000 deaths in the United States and 2,232 in our prisons specifically, according to the Marshall Project – he was photographed without a mask while being close to someone else after he was transferred to the camp site. It is not clear whether a mask was provided to him or not.
Last year, Giannulli and Loughlin, who married in 1997, pleaded guilty to conspiring with William “Rick” Singer and others so that their daughters, Olivia Jade and Isabella, were fraudulently admitted to the University of Southern California designated as recruits to the crew, despite neither social networks participating in the sport. The couple, in turn, paid bribes totaling $ 500,000.
O Full house star served his two-month term in November and December. Giannulli got more time for his greater involvement in the scheme, which saw him photographing his daughters as they posed on rowing machines for their fake helmsman profiles, among other things.
Olivia Jade – who, along with her sister, left USC amid the scandal – said in a Red Table Talk interview, “I didn’t see the wrong thing” in her parents paying bribes to put her in college. “I was like, ‘Why is everyone complaining, am I confused by what we did?'”
Giannulli is expected to be released on April 17.
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