Former Michigan House Speaker Rick Johnson made a last-ditch attempt Wednesday to shorten his time in federal prison, arguing he needs to stay home and recover from heart bypass surgery.
Johnson asked U.S. District Judge Jane Beckering to let him remain free until February or spend at least two months under house arrest before surrendering for a nearly five-year federal prison sentence.
The 70-year-old Republican from LeRoy is supposed to report in two weeks to a minimum-security federal prison camp in Duluth, Minn., for pocketing more than $110,000 in bribes — including repeated trysts with a sex worker who called him “Batman” — during his tenure regulating the marijuana industry in Michigan.
Johnson already has received one break. He was supposed to start serving the 55-month sentence in late October, but Beckering delayed the reporting date after Johnson underwent coronary artery bypass grafting surgery.
Late Wednesday, Johnson asked for another delay, until Feb. 1, so he can continue therapy, medical appointments, specialty consultations and potential future treatment that would otherwise be a “significant financial burden” on the Federal Bureau of Prisons (BOP), his lawyer Nicholas Dondzila wrote in the request. As an alternative, the lawyer requested Johnson spend the first few months of the sentence under house arrest instead of in prison.
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“…the risk of Mr. Johnson not receiving the treatment he needs could result in extreme consequences,” the lawyer wrote. “Should Mr. Johnson be required to report on December 2, 2023, BOP is likely adopting a patient more than an inmate.”
In a court filing Thursday, prosecutors asked the judge to deny Johnson’s request.
“Johnson’s motion assumes that he will be unable to obtain the physical rehabilitation and monitoring recommended by his doctors,” Assistant U.S. Attorney Christopher O’Connor wrote. “Those assumptions are called into doubt by the extensive medical services that reportedly are available” at the prison.
If unavailable, prison officials rely on a “wide array of medical specialists and health care facilities in the civilian community,” the prosecutor added, citing the prison handbook.
Johnson is one of four people convicted in the largest public corruption scandal in Michigan’s capital in 30 years. He was accused of helping rig the state marijuana industry in what Beckering called “unfettered abuse of power” while serving as chairman of the state’s medical marijuana licensing board.
In April, he pleaded guilty to accepting $110,200 in bribes meant to influence his decisions as chairman of the licensing board. Three others, including two lobbyists and a businessman, have also pleaded guilty in the bribery scheme but have yet to report to federal prison.
Johnson’s recovery is fluid, his lawyer wrote Wednesday. Since the Oct. 4 surgery, Johnson has received assistance from in-home skilled nurses and is experiencing a low heart rate and high blood pressure.
“The risk of Mr. Johnson not treating with his medical team, as directed by those most familiar with his health and condition, is substantial,” his lawyer wrote.
The disgraced lawmaker’s medical team has recommended 12 weeks of cardiac rehabilitation therapy and Johnson’s doctor recommends the therapy be completed before Johnson reports to prison.
“It is unknown whether BOP can accommodate the level of care that Mr. Johnson requires, particularly at the specific facility he is ordered to surrender,” his lawyer wrote. “There is reason to be concerned that BOP cannot meet this standard given Mr. Johnson’s serious heart condition, age, low heart rate, high blood pressure, circulatory issues, and the unknown length of recovery.”
At a minimum, the lawyer asked the judge Wednesday to order that prison officials provide all the therapy and treatment Johnson needs.
rsnell@detroitnews.com
Twitter: @robertsnellnews
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