Richard A. Evans, MD, first release by First Step Act

On March 14, 2019, Richard Arthur Evans, MD, 74, was the first innocent incarcerated physician released from prison under the First Step Act. But it wasn’t a result of the Federal Bureau of Prisons (FBOP) following the law because they rarely do.

Dr. Evans was a physiatrist (physical medicine & rehabilitation) in Houston, TX. He was sentenced to 60 months in 2017 after being convicted in trial through the prosecution’s usual illegal use of the Controlled Substance Act, stating his prescriptions were “outside the course of professional practice and not for a legitimate medical purpose”. He was also ordered to pay a $250,000 fine and forfeit $268,000 in assets. So the government made over 1/2 million dollars to give themselves salaries and bonuses.

Dr. Evans had spent 22 months of a 60 month sentence in prison. In October, 2018, he reported a 1 inch mass in his neck to his jailers which proceeded to grow to a 5-inch malignant melanoma.  Untreated, melanoma is fatal. Dr. Evans tried the BOP compassionate release route, which, as usual, was denied.

The First Step Act became Law Dec. 21, 2018. It is summarized for DoC members, and can be found as a pdf HERE. The problem with any law designed to release prisoners is that the DOJ doesn’t follow the law. They are above the law.

Several elderly doctors currently sitting in prison cells have complained bitterly about the fact that the BOP is doing nothing to comply with the First Step Act. Here are their observations summarized:

1. There is no indication or time line in sight for implementation of any provisions of the First Step Act, except the resentencing through courts under the Fair Sentencing part of this law

2. At the highest level of BOP, there is no willingness to follow the spirit and dictates of the First Step Act. Prisons have NOT received any directions for its provisions, including the sentence computations which should be recalculated even for 7 extra good days that were supposed to be retroactive.

3. The Elderly Home Detention section was a reauthorization of the Second Chance Act with amendments. One provision is that BOP can use the current system of risk assessment that they are using for the designation classification. So, elderly candidates should be going home NOW.

4. Earned Time Credit — for work, occupation, academic programming is also in limbo. The Law says that where such programming is already available, the credits could start AS SOON AS POSSIBLE. As of yet, there is NO INDICATION when and IF any credits will be awarded.

5. Congress forgot to specify the direction in which Congress intended BOP to move. In the absence of such clarity BOP seems to be taking a step backward. Reason? We are busy building more prisons. We are busy minting new crime to fill the new prisons.

6. The time allotted for half way house is shrinking. The First Step Act was supposed to have resulted in more time allotted for Half Way House. Instead, many who had their dates this week were told to wait now for a few months before they can be assigned new date to go to half way house. Some blaming this delay on the First Step Act which was supposedly designed to increase the half way home time.

7. There is no effort to get the Probation officers to approve homes in anticipation of release to home detention.

8. District courts are moving slowly on signing the release orders for inmates who qualify under the Fair Sentencing Act.

9. The Government is invoking the risk and need assessment scale for which the law gave them time till July 2019. The problem is that the AG has not even set up a committee to start working on developing such a scale.

10. It also states that inmates have to exhaust administrative remedies before filing a motion with the court. But the BOP claims that they do not have ANY PROGRAM STATEMENT to follow and therefore they cannot address any request asking for implementation of the First Step Act. So, in other words, no program statement, no administrative action and thus no administrative remedy. In the absence of the ability to show that an inmate has exhausted the internal grievance process, no court — so that completes the CIRCLE OF FUTILITY.

Example of the misapplication of the law:

An inmate was supposed to go to half way house in July. The facility got an email from the office in D.C. that the inmate is eligible for home detention and therefore now he gets NO half way house time. So before the law an elderly was able to go to half way home in theory 12 months prior to his home detention eligibility. But now in a twisted interpretation of the First Step Act, he is told that he will leave direct for home detention as the law says in January 2020—6 months later, spending 6 more months in prison than he would have BEFORE the law.

This demonstrates the total lack of will on the part of BOP to implement the First Step Act to REDUCE prison time. Solution? We have to take away immunity from government officials that break the law or do not conform to the law’s intent. This is something to complain to your legislators about.

To end these attacks, restore pain management, and provide compensation to all the families that have been destroyed by government overreach, we must get the Controlled Substance Act repealed.  Join Doctorsofcourage to get that done. Learn what we teach and spread the word.  NO DRUG CAUSES ADDICTION!! Let’s end the War on Drugs, Doctors and Pain Patients, end the black market, solve the southern border crisis, and restore proper pain management.  It CAN be done! 

Addendum:

I have failed in my mission to end these attacks on doctors and pain patients. Through John Bevere’s book The Bait of Satan, I have figured out why—my lack of forgiveness to those who attacked me. As in Mark 11: 24-26:

Therefore I say to you, whatever things you ask when you pray, believe that you receive them, and you will have them. And whenever you stand praying, if you have anything against anyone, forgive him, that your Father in heaven may also forgive you your trespasses. But if you do not forgive, neither will your Father in heaven forgive your trespasses.

And when you do not do the will of the Father, you are estranged from him and he will ignore you.  So we all must forgive the agents who attacked us in order for things to be made right through any of our works.

Jesus said

“Greater love has no one than this, than to lay down one’s life for his friends.”

But we cannot lay down our lives for God unless we know Him well enough to trust Him. We must have the assurance that He would never do anything to harm us. He always looks out for what He knows is in our best interest. As a nation, those of us suffering from these attacks must understand that we are serving as God’s messengers of love.  We must forgive those who persecute us and love them instead, following God’s will for us. Then and only then will we see fruits from our labor.

So I hope that everyone who has suffered from what happened to Dr. Evans can trust the Lord, forgive those who have hurt you, and help bring this country back to the God-fearing country that our forefathers founded. Then, and only then, can you be a part of the effort to stop these attacks. I look forward to that day.