In one case, Judge Jeffrey Zimmerman, 61, of the Bronx County criminal court, explained that the defendant, William Gregory, had been accused of crimes — including drug possession, criminal trespass, shoplifting and criminal contempt — that showed he had placed his own interest above others’. In getting the vaccine, the judge argued, Mr. Gregory would be doing the opposite, and so vaccination would represent a form of rehabilitation.
The second order came from a federal judge in Manhattan, Jed S. Rakoff, who granted the release of a defendant, Elouisa Pimental, who was charged with conspiracy to distribute fentanyl, on the condition that she get vaccinated.
Judge Rakoff argued that it fell to him to determine whether a person seeking release represented a danger to their community. The unvaccinated, he wrote, did pose such a danger, given their “enhanced risk of infecting other, innocent people and even potentially causing their deaths.”
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