Zappala fights release of quadriplegic prison inmate supported by Shapiro

The Allegheny County District Attorney’s Office on Tuesday tried to thwart at every turn a request for compassionate release by a quadriplegic man serving a life prison term, despite Gov. Josh Shapiro and several state representatives throwing their weight behind the effort.

Ezra Bozeman, 68, was convicted of second-degree murder in October 1975 for the shooting death of Morris Weitz during a robbery at Highland Cleaners in Highland Park on Jan. 3 of that year.

Bozeman, who denies his involvement in the crime, has been incarcerated for nearly 49 years.

During that time, his supporters say, he has been a model inmate, mentoring younger people around him and serving as a certified peer specialist.

But in February, following spinal surgery for an injury his attorneys said was misdiagnosed four years ago, Bozeman became quadriplegic.

His doctor does not believe Bozeman will live more than another year.

But at a court hearing Tuesday, Deputy District Attorney Ronald M. Wabby Jr. refused to concede Bozeman’s medical condition and said the inmate failed to make the case that he deserves compassionate release.

“They put forth no evidence to support their petition,” Wabby said. “There’s nothing in the record that supports any of their conclusions.”

Allegheny County Common Pleas President Judge Susan Evashavik DiLucente, who heard Bozeman’s argument, said she would schedule a date in the near future to take testimony from Bozeman’s treating physician. Bozeman’s lawyers did not call any witnesses to testify.

On Tuesday, Bozeman appeared via video for the emergency hearing lying in a hospital bed. A few dozen supporters gathered in the courtroom, and waved to him on the screen, shouting, “We love you.”

Among those supporting Bozeman’s request are Shapiro and seven state representatives, including Emily Kinkead, D-Brighton Heights, and La’Tasha D. Mayes, D-Morningside, who submitted a letter to the secretary of the Pennsylvania Department of Corrections on Bozeman’s behalf.

Bozeman has asked to be released to a Philadelphia long-term care facility which, his attorneys say, would provide him with the 24-hour care his condition requires.

Bozeman’s attorney, Dolly Prabhu, with the Abolitionist Law Center, presented her argument to the court, reciting medical records from her client’s treating physicians, as well as their opinions on his condition.

He is paralyzed from the neck down, cannot move any of his limbs, has lost 50 pounds and requires a colostomy.

He cannot feed himself or even press the call button to ask for help.

“Mr. Bozeman’s medical needs are extraordinary,” Prabhu said.

She cited a pressure sore that is down to the bone because, Prabhu said, corrections medical staff can’t rotate Bozeman frequently enough. She also said that her client ought to have physical therapy for three hours each day. But in prison, she said, that’s not possible.

“It’s just not the level of care he needs at this point,” Prabhu said.

But Wabby argued that Bozeman failed to prove that he could receive better care at another facility and failed to show that a treating physician expects him to live for less than a year — both requirements for compassionate release under the law.

Wabby also objected to Prabhu’s failure to call any witnesses to testify at the hearing.

The prosecutor told the judge he would not stipulate to the records submitted and that it was all inadmissible hearsay. In addition, Wabby said that he wasn’t willing to accept an affidavit by Bozeman that was likely completed by his lawyers.

“I want to hear him say it,” Wabby said. “He has to actually be saying it himself.”

Prabhu said that Bozeman’s physical condition prohibits him from speaking for extended periods of time because mucous builds up in his throat.

“You can’t treat this like any other trial,” she said. “He’s a quadriplegic. I think the affidavit should suffice.”

But because the prosecutor would not concede the issue, the judge said she was forced to agree with his position.

She told Prabhu that she would set another date for her to call witnesses.

The judge also said that, if Bozeman’s treating physician testifies similarly to his letter, she will likely grant the compassionate release petition.

“I believe Mr. Bozeman will meet his burden of proof,” Evashavik DiLucente said. “I do believe Mr. Bozeman has a pretty strong case.”

After the hearing, Prabhu said her organization has handled about 10 compassionate release requests across the state in recent years, and they have always been granted.

She called Wabby’s stance “ridiculous.”

“Usually, in these cases, the DA doesn’t even oppose,” she said. “For some reason, the Allegheny County District Attorney is very opposed to his release.”

Wabby did not say whether anyone in the victim’s family objects to Bozeman’s release.

The DA’s office did not return a message seeking comment.