Sal DiMasi: Judge Wants to Ensure No Special Treatment Involved in Ex-House Speaker's Release

BOSTON, MA — A judge overseeing a request for early release is asking for more information about the condition of Salvatore DiMasi, the former Massachusetts Speaker of the House convicted while in office on extortion and other charges, and now potentially in line for early release due to an ongoing medical condition.

In a memorandum and order issued Monday, U.S. District Court Judge Mark Wolf called for additional evidence to bolster the call for DiMasi's early release, and to probe the question of whether such a release is (or could be perceived to be) special treatment due to his former political status.

DiMasi was sentenced to prison in 2011 after being found guilty of conspiracy, extortion and other political corruption-related charges. Now 71, DiMasi has reportedly battled multiple bouts of cancer while behind bars.

The U.S Bureau of Prisons and a federal prosecutor asked last week that DiMasi be released, five years into his sentence. He is currently scheduled for release in November 2018.

The motion for early release states in part: "(DiMasi) is a senior who has served 56 months (58%) of his 96-month term of imprisonment and is experiencing deteriorating physical health that substantially diminishes his ability to function in a correctional facility."

Read More: Early Release Requested for Ex-House Speaker

But according to Judge Wolf, the government has offered the court "unverified statements" about DiMasi's health, but no evidence on his medical history or experience in prison. It's additionally unclear, Wolf wrote, whether the government is claiming DiMasi to be terminally ill, or simply suffering and elderly; different guidance would apply, depending on the specific situation.

Finally, Wolf wrote, there is reason to question whether DiMasi's status as a former political leader has influenced the decision to request his release.

"The question is important to whether a reduction of sentence would reasonably be viewed as a form of unwarranted disparity based on power or privilege, which would injure respect for the law," Wolf wrote.

Wolf asked that the government file additional evidence supporting the call for DiMasi's early release by Oct. 27, with another hearing set for Nov. 1.

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