UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Plaintiff,

v.

ANDREY SHUKLIN, ET AL.,

Defendants. Defendant.

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Case No. 1:18CR109

Judge Black

SECOND MOTION FOR BOND

AND MEMORANDUM IN SUPPORT

Now comes Defendant, Andrey Shuklin, by and through counsel, and respectfully moves 

this honorable Court to release him on bond with any conditions that this Court deems appropriate, 

including the surrender of his passport along with his wife’s and child’s passports. This Second 

Motion for Bond is warranted because an inmate at Butler County jail has tested positive for 

COVID-19.

The grounds for this Motion are set forth in the attached Memorandum in Support.

Respectfully submitted,

/s/ Stephanie F. Kessler

STEPHANIE F. KESSLER (0092338)

MARTIN S. PINALES (0024570)

Pinales, Stachler, Young & Burrell Co., LPA

455 Delta Ave., Suite 105

Cincinnati, Ohio 45226

(513) 252-2732

(513) 252-2751

skessler@pinalesstachler.com

eeckes@pinalesstachler.com

Case: 1:18-cr-00109-TSB Doc #: 146 Filed: 04/16/20 Page: 1 of 6 PAGEID #: 736
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MEMORANDUM IN SUPPORT

An inmate at the Butler County jail, where Andrey Shuklin is detained pre-trial, has tested 

positive for COVID-19. https://www.whio.com/news/local/coronavirus-inmate-tests-positive-butlercounty-jail/5BKJ634VTBFZDPG3JV4AA5B6OU/. As of April 6, 2020, SARS-COV-2, a novel 

coronavirus causing COVID-19, has infected over 1.2 million people worldwide, leading to at least 

70,028 deaths, with at least 336,776 confirmed cases and 9,655 deaths in the United States.1 The 

President has declared a national emergency.2 The CDC has advised the general public to cover 

their face in public.3

Because of the virus’ long latency period, studies show that “stealth transmission” by 

unknowingly-infected persons with few or no symptoms plays a major role in fueling the 

pandemic.4 A study in the New England Journal of Medicine found that the “virus can remain 

viable and infectious in aerosols for hours and on surfaces up to days.”

5

 A University of Nebraska 

study found the virus in air samples in and outside of the hospital rooms of COVID-19 patients, 

suggesting “that virus expelled from infected individuals, including from those who are only mildly 

1 Coronavirus Map: Tracking the Spread of the Outbreak, N.Y. Times (March 18, 2020), 

https://nyti.ms/2U4kmud (updated regularly).

2 Taylor Telford, U.S. markets surge as massive economic stimulus plan takes shape to offset coronavirus, 

Wash. Post, (March 18, 2020) , https://www.washingtonpost.com/business/2020/03/17/us-stock-marketstoday-fed-funds/. 

3 Colin Dwyer, CDC Now Recommends Americans Consider Wearing Cloth Face Coverings In Public, NPR, 

(April 3, 2020), https://www.npr.org/sections/coronavirus-live-updates/2020/04/03/826219824/presidenttrump-says-cdc-now-recommends-americans-wear-cloth-masks-in-public. 

4 Apoorva Mandavilli, Infected but Feeling Fine: The Unwitting Coronavirus Spreaders, NY Times, (March 

31, 2020), https://www.nytimes.com/2020/03/31/health/coronavirus-asymptomatic-transmission.html (“as 

many as 18 percent of people infected with the virus on the Diamond Princess cruise ship never developed 

symptoms, according to one analysis”).

5 Neeltje van Doremalen, et. al, Aerosol and Surface Stability of SARS-CoV-2 as Compared with SARS-CoV1, New England J. Med., (March 17, 2020), nejm.org/doi/10.1056/NEJMc2004973. 

Case: 1:18-cr-00109-TSB Doc #: 146 Filed: 04/16/20 Page: 2 of 6 PAGEID #: 737
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ill, may be transported by aerosol processes in their local environment.”6 This has severe 

repercussions in crowded indoor environments.

Conditions of pretrial confinement create the ideal environment for the transmission of 

contagious disease.7 Inmates cycle in and out of detention facilities from all over the state, and 

people who work in the facilities including correctional officers, and care and service providers 

leave and return daily, without screening. Incarcerated people have poorer health than the

general population, and even at the best of times, medical care is limited.

8 According to public 

health experts, incarcerated individuals “are at special risk of infection, given their living 

situations,” and “may also be less able to participate in proactive measures to keep themselves 

safe;” “infection control is challenging in these settings.”9 Outbreaks of the flu regularly occur 

in jails, and during the H1N1 epidemic in 2009, many jails and prisons dealt with high numbers 

of cases.10 In China, officials have confirmed the coronavirus spreading at a rapid pace in 

Chinese prisons, counting 500 cases.

11 Secretary of State Mike Pompeo has called for Iran to 

release Americans detained there because of the “deeply troubling” “[r]eports that COVID-19 

6

Joshua Santarpia et. al., Transmission Potential of SARS-CoV-2 in Viral Shedding Observed at the 

University of Nebraska Medical Center, medRxiv, (March 26, 2020) 

https://www.medrxiv.org/content/10.1101/2020.03.23.20039446v2.full.pdf (data indicate “significant 

environmental contamination in rooms where patients infected with SARS-CoV-2 are housed and cared for, 

regardless of the degree of symptoms or acuity of illness.”).

7

Joseph A. Bick (2007). Infection Control in Jails and Prisons. Clinical Infectious Diseases 

45(8):1047-1055, at https://doi.org/10.1086/521910.

8 Laura M. Maruschak et al. (2015). Medical Problems of State and Federal Prisoners and Jail 

Inmates, 2011-12. NCJ 248491. Washington, D.C.: U.S. Department of Justice, Bureau of Justice 

Statistics, at https://www.bjs.gov/content/pub/pdf/mpsfpji1112.pdf

9

“Achieving A Fair And Effective COVID-19 Response: An Open Letter to Vice-President Mike 

Pence, and Other Federal, State, and Local Leaders from Public Health and Legal Experts in the 

United States,” (March 2, 2020), at https://bit.ly/2W9V6oS. 

10 Prisons and Jails are Vulnerable to COVID-19 Outbreaks, The Verge (Mar. 7, 2020) at

https://bit.ly/2TNcNZY.

11 Rhea Mahbubani, Chinese Jails Have Become Hotbeds of Coronavirus As More Than 500 Cases 

Have Erupted, Prompting the Ouster of Several Officials, Business Insider (Feb. 21, 2020) at 

https://bit.ly/2vSzSRT. 

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has spread to Iranian prisons,” noting that “[t]heir detention amid increasingly deteriorating 

conditions defies basic human decency.”12 Courts across Iran have granted 54,000 inmates 

furlough as part of the measures to contain coronavirus across the country.13 In the U.S. steps 

are already being taken in some jurisdictions to facilitate the release of elderly and sick prisoners 

and to reduce jail populations by discouraging the refusing the admission of individuals arrested 

on non-violent misdemeanor charges.14

The Bail Reform Act provides for the “temporary release” of a person in pretrial custody 

“to the extent that the judicial officer determines such release to be necessary for preparation of 

the person’s defense or for another compelling reason.” 18 U.S.C. § 3142(i). To be clear, this 

motion is a distinct and separate request for release engendered by the current COVID-19 crisis; 

Shuklin and counsel recognize the prior denial of his request for bond. That said, Shuklin 

incorporates the arguments made during prior request for release, particularly as to his lack of 

risk of flight risk if released. In Mr. Shuklin’s case, the risk to life from the COVID-19 

pandemic, particularly the danger it presents for incarcerated persons, outweighs the risk of flight 

concerns found by this Court. Mr. Shuklin reports that although some jail personnel are wearing 

face masks, most are not. Additionally, the inmates are not permitted to have hand sanitizer and 

12 Jennifer Hansler and Kylie Atwood, Pompeo calls for humanitarian release of wrongfully 

detained Americans in Iran amid coronavirus outbreak, CNN (Mar. 10, 2020) at 

https://cnn.it/2W4OpV7. 

13 Claudia Lauer and Colleen Long, US Prisons, Jails On Alert for Spread of Coronavirus, The 

Associated Press (Mar. 7, 2020) at https://apnews.com/af98b0a38aaabedbcb059092db356697. 

14 In New York Brooklyn District Attorney Eric Gonzalez, joined by public health experts, has asked 

Governor Cuomo to grant emergency clemencies to elderly and sick prisoners (Sarah Lustbader, 

Coronavirus: Sentenced to COVID-19, The Daily Appeal (Mar. 12, 2020) at

https://theappeal.org/sentenced-to-covid-19/.); Cuyahoga County (Ohio) is holding mass pleas and bail 

hearings to reduce the current jail population (https://www.cleveland.com/court-justice/2020/03/cuyahogacounty-officials-will-hold-mass-plea-hearings-to-reduce-jail-population-over-coronavirus-concerns.html); 

Mahoning County (Ohio) jail is refusing all non-violent misdemeanor arrestees 

(https://www.wkbn.com/news/coronavirus/mahoning-county-jail-refusing-some-inmates-due-to-coronavirusCase: 1:18-cr-00109-TSB Doc #: 146 Filed: 04/16/20 Page: 4 of 6 PAGEID #: 739
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are not able to practice social distancing. From Mr. Shuklin’s perspective his life—not only his

liberty—is on the line, creating a powerful incentive to abide by any release conditions the Court 

may impose and changing the calculus that initially led to the denial of bail in this case.

For the foregoing reasons, Andrey Shuklin respectfully moves this Court to order that he 

be released pretrial with any conditions that this Court deems appropriate, including the 

surrender of his passport along with his wife’s and child’s passports. Mr. Shuklin respectfully

requests that this Court set an immediate court date to hear this motion.

Respectfully submitted,

/s/ Stephanie F. Kessler

STEPHANIE F. KESSLER (0092338)

MARTIN S. PINALES (0024570)

Pinales, Stachler, Young & Burrell Co., LPA

455 Delta Ave., Suite 105

Cincinnati, Ohio 45226

(513) 252-2732

(513) 252-2751

mpinales@pinalesstachler.com

skessler@pinalesstachler.com

outbreak/); see also Collin County (TX) (https://www.dallasnews.com/news/public-health/2020/03/12/facingcoronavirus-concerns-collin-county-sheriff-asks-police-not-to-bring-petty-criminals-to-jail/); 

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CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing has been served via this Court’s 

electronic filing system on all counsel of record on this 16th day of April 2020.

/s/ Stephanie F. Kessler

STEPHANIE F. KESSLER (0092338)

Case: 1:18-cr-00109-TSB Doc #: 146 Filed: 04/16/20 Page: 6 of 6 PAGEID #: 741