Prior to reports that he would be officially released, Tekashi had already been released from jail.
According to the New York Daily News, 6ix9ine was released prior to Judge Paul A. Engelmayer’s ruling becoming public information. He is said to have exited away from the press, using a back entrance.
According to reports, he will serve the first four months of supervised released on home incarceration. He will wear GPS monitoring (aka an ankle bracelet) to track his whereabouts. The rapper, real name Daniel Hernandez, was initially set to get out of jail around early August.
Last week, however, his lawyer Lance Lazzaro asked Engelmayer to release him early, claiming Hernandez’s asthma made him particularly susceptible to COVID-19, which spreads through the kind of close contact that’s inherent in jails and prisons.
Engelmayer had initially denied Hernandez’s petition, saying he “lacks the legal authority” to green light early release at that time. The judge further said he was “constrained” and couldn’t act on Hernandez’s request, writing that early release was up to the U.S. Bureau of Prisons.
At the same time, Engelmayer expressed concern for Hernandez, writing that he “did not know and could not have known that the final four months of Mr. Hernandez’s sentence would be served at a time of a worldwide pandemic to which persons with asthma, like Mr. Hernandez, have heightened vulnerability…”, Engelmayer said in his ruling:
“Had the Court known that sentencing Mr. Hernandez to serve the final four months of his term in a federal prison would have exposed him to a heightened health risk, the Court would have directed that these four months be served instead in home confinement,”
So what changed in the course of a week?Lazzarro had asked the Bureau of Prisons for “compassionate release.” Court papers revealed that the Bureau of Prisons denied this request. Bureau of Prisons authorities said that because Hernandez was actually in another agency’s custody, at a private facility in Queens, they couldn’t evaluate his request.
As a result, Lazzaro took the matter up with Engelmayer again. Engelmayer said Wednesday that the Bureau of Prisons’ denial enabled him to step in, prompting his intervention. Hernandez’s home confinement will be “enforced by GPS monitoring,” Engelmayer also said in his decision. The judge also noted:
“In light of the COVID-19 pandemic, the defendant must remain at his residence except to seek any necessary medical treatment or to visit his attorney, in each instance with prior notice and approval by the Probation Department,”
After Hernandez’s sentence is up, he still has another five years of “supervised release,” Lazzaro said. This means that Hernandez has to follow the law to stay out of jail.