A judge delayed the sentencing hearing for a Joliet man convicted of bank robbery after expressing concerns that holding the hearing Tuesday would undermine his progress toward mental and financial stability.
U.S. Judge John Lee granted a request from Thomas Tynan’s attorney Daniel Hesler to reschedule the hearing after Hesler largely argued about the risk of his client contracting COVID-19 if he was incarcerated.
Lee acknowledged Tynan is in a high risk category for the virus given his health issues. He also found Tynan was not a flight risk or a danger to the community given his compliance with attending court hearings and therapy sessions.
Lee said the 60-year-old was someone who has “yet to learn how to handle conflict resolution and the pressures that life sometimes brings upon him.” He said Tynan has been progressing with his therapy and that conducting a sentencing hearing and placing him in custody on Tuesday would “significantly undermine” that treatment.
Lee rescheduled the sentencing hearing for March and he expects to receive monthly updates on Tynan’s progress toward attaining mental and financial stability.
"I hope you take this as a sign of encouragement from me to continue doing that," Lee said.
Assistant U.S. Attorney Corey Rubenstein argued against delaying Tynan’s sentencing. He said Tynan stands guilty of a serious crime and while his medical conditions are serious, they are not uncommon or ones prison staff wouldn't be able to treat.
“In essence, I think Mr. Tynan is asking this court to do something special and unique that I don’t think we’ve seen or should see for other defendants,” Rubenstein said.
Rubenstein said Tynan threatened his employer over a claimed $500 bonus by saying to his manager, "If these (expletive) don't pay me, I will shoot someone in the face." He also said Tynan was arrested in August at the Joliet Walmart on a retail theft charge.
In a memo, Rubenstein requested Tynan receive "the high end" of the 33 to 41 months' imprisonment range based on his criminal history and continued misconduct.
Hesler said it’s in society’s interest to see crimes punished but there was also an ongoing pandemic affecting everything in society, including the criminal justice system. He said the pandemic is getting “worse, not better.”
“The pandemic is not dying down. In fact, it’s heating up to nightmare proportions right now,” Hesler said.
Hesler’s memo said the spread of COVID-19 in federal prisons poses a serious risk to Tynan. He said Tynan might survive an infection but “his chances are a lot poorer than a lot of us.”