LOUISVILLE, Ky. (WDRB) -- Brandon Wood, one of two former Louisville Metro Police officers convicted of federal and state crimes in the department’s youth Explorer sex scandal, asked this week for a “compassionate release” from prison because of the COVID-19 pandemic.
Wood, who in May was sentenced in U.S. District Court to 70 months in prison for attempted enticement of a teen in the youth mentoring program, asked a federal judge Monday for early release citing “extraordinary and compelling reasons,” according to a motion filed by his attorney.
The prison in Ohio where Wood is serving his time is “experiencing an outbreak of the coronavirus with both officers and inmates infected,” attorney Steve Schroering wrote.
Three inmates have died at the Federal Correctional Institution in Elkton, Ohio, and dozens more have COVID-19 symptoms, according to press reports. The governor is sending the Ohio National Guard in to help the federal prison.
Wood is especially susceptible because he has asthma, Schroering wrote.
“This condition makes him particularly vulnerable to serious or deadly consequences if infected,” according to the motion.
And Schroering noted that Attorney General William Barr specifically mentioned the Elkton prison in a an order to the Bureau of Prisons on Friday to increase the use of home detention because of the “dire conditions at the facility.”
U.S. District Court Judge David Hale responded Tuesday that while Wood presented “extraordinary and compelling reasons” for a reduction of his sentence, he must first make his request to the warden of the prison.
Hale ruled that the motion is "premature" and he could not make a ruling until the warden has responded.
Schroering said he has made the same motion to the warden, who has 30 days to respond.
If released, Schroering wrote, Wood could serve the remainder of his sentence on home incarceration with family in Louisville, who could support him until “he is able to obtain employment.”
Schroering argued that Wood had no prior criminal history and his offense “did not involve physical injury to the victim.”
Wood admitted to trying to entice a juvenile under 18 to engage in sexual activity, according to court records.
Between 2011 and 2012, Wood attempted to entice a juvenile to engage in sexual activity, according to authorities. Wood met the juvenile through the LMPD Explorer program during a camp held in Bullitt County. Wood used social media to make contact with the juvenile after the camp, attempting to entice him into sexual activity, according to the charge.
In addition, Wood also pleaded guilty in state court to seven counts of sexually abusing a teen in the program and is serving a five-year sentence that is running concurrent with the federal conviction.
Assistant Jefferson Commonwealth's Attorney Jeff Cooke, a spokesman for the office, said the state has no "hold" on Wood "so his release at this point would depend entirely upon the federal judge."
A spokesman for the U.S. Attorney's office declined to comment on the motion.
Wood and former officer Kenneth Betts were both convicted of sexually abusing teens in the Explorer program, which mentored youth interested in becoming police officers.
Betts is currently serving 16 years in federal prison on child pornography and enticement charges. He also pleaded guilty to sodomy charges in state court.
Betts has recently requested he be moved from a prison in Pennsylvania to one in Kentucky so he can more easily participate with his attorney representing him in several civil lawsuits.
Betts and Wood, along with other police and city officials, are accused in seven federal lawsuits of concealing evidence of the conduct by intimidation, destruction of evidence, deletion of information and refusal to comply with the Kentucky Open Records Act, as well as conspiracy to cover up the wrongdoing, according to lawsuits.
Police are also accused of falsifying reports, deleting phone records and audio files and destroying other records.
An investigation into LMPD's handling of allegations of sexual misconduct in the youth Explorer program found police made several "mistakes," including a failure to look into possible criminal conduct and determine if the abuse was widespread.
But the report ultimately concluded there was no massive cover-up by police or city officials.
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