Nancy Salzman

Nancy Salzman to Have Foot Surgery; Judge Permits Her to Remove Ankle Monitor

Nancy Salzman evidently had foot surgery on Friday anfter she   got Judge Nicholas Garaufis’ consent to remove her ankle monitor.

Here is the letter that her lawyers submitted to the judge.

February 17, 2021  

Dear Judge Garaufis:  

I together with Robert Soloway represent Nancy Salzman in this matter. I write with the consent of AUSA Tanya Hajjar on behalf of the government to request a temporary modification of  Ms. Salzman’s conditions of release to allow her to have foot surgery. Specifically, we ask that Ms. Salzman be allowed to remove her location monitoring bracelet on Friday, February 19,  2021, and have it replaced on Monday, February 22, 2021, or as soon thereafter as practicable. 

Ms. Salzman has been subject to pre-trial supervision for approximately three years, and during that time has been fully compliant with her conditions of release. On February 19, 2021, she is scheduled to have foot surgery at Samaritan hospital. A letter to that effect is enclosed. Her surgery, which will be performed by Dr. Sam Dellengaugh, requires the removal of her ankle monitor. For this reason, we seek a temporary modification of her conditions of release allowing her to remove the ankle monitor on Friday, February 19, and have it replaced on Monday, February 21. This modification will allow her to have the needed surgery and will result in only a brief interruption of her location monitoring during which time, under any circumstances,  she will be incapacitated. I am informed that Kendra Rennie, Ms. Salzman’s pre-trial officer consents to this request.  

For the foregoing reasons, we seek the temporary modification of the conditions of release detailed above. If  the Court has any questions regarding this application please  contact my office  

 Respectfully submitted,  

David Stern 

***

The judge granted the application.

If the operation went off as planned, this means that Nancy is without an ankle monitor. The risk of her fleeing is probably slight. And if it is true that she was rendered immobile for a few days because of the surgery, it is a safe bet that on Monday or as soon as practical, Nancy will put the ankle monitor back on and wear it at least until she is sentenced (If she is not remanded at her sentencing hearing, she will likely have to continue wearing the ankle monitor until she reports to prison).

There is no date set for her sentencing as of yet.

Ankle monitors track a defendant’s location.

According to an article on NBCNews.com: entitled “Ankle monitors can hold captives in invisible jails of debt, pain and bugged conversations”, the foot surgery might be a welcome relief for Nancy and perhaps less painful than her ankle monitor.

A sub-headline of the NBC article is “Ankle monitors can hold captives in invisible jails of debt, pain and bugged conversations.”

… And they are doing more than just tracking their movements: They are draining their bank accounts, compromising their health, and even spying on them, which is why more safeguards against electronic monitoring abuses are urgently needed.

In 2005, Pew found that 53,000 Americans wore electronic monitoring devices. By 2015, the group found the number had grown to 125,000. There hasn’t been an official updated nationwide count since, but opponents of electronic monitoring believe it’s continued to soar…

The growth can also be seen in balance sheets: Electronic monitoring is one of the fastest-expanding sectors in the private prison industry. Take, for example, the Florida-based GEO Group, which reports that it alone is responsible for providing electronic monitoring devices for 100,00 people per year. Without any national guidelines or consensus, most police, probation and parole departments can set their own guidelines and choose their own brands of monitoring devices, with various feature options.

Not only are electronic monitoring devices being used more often, but they are also being used for increasingly minor cases, including misdemeanors and traffic violations. So rather than simply replacing confinement, electronic monitoring is becoming the norm for many defendants who would have previously been released into probation, on bail or even on their own recognizance. This is likely part of why electronic monitoring seems to be growing faster than the reduction in the prison and jail population…

Electronic monitoring compromises users’ privacy in many ways beyond tracking their location. One widely used electronic monitoring anklet has a feature that can record calls and conversations without users’ consent or knowledge. These devices raise profound Fourth and Fifth Amendment concerns when activated in this way, as they transform wearers into walking wiretaps — not only for capturing their own statements but potentially those of friends and family nearby…

Americans are not only being forced to wear government tracking devices in record numbers, they are also often forced to pay for the privilege, on top of their bail. One driver who was arrested after failing to signal reported being forced to pay $300 a month for a device rental fee on top of a $179.50 setup charge. The first month’s costs added up to more than half of his $900-a-month disability check. For many, electronic monitoring can become a debt trap…

[Some ankle monitors] have caused an array of medical complications, including everything from cuts and bruises and impaired circulation to electric shocks, hair loss, headaches and difficulty breathing. These devices are also highly visible, opening up wearers to discrimination by employers, law enforcement and members of the public. More than 1 in 5 of those on electronic monitoring report being fired or suspended from at least one job as a result.

One person’s account of having to wear an ankle monitor gives us an idea why it might be a relief for Nancy to get out of the ankle monitors for a few days. This person wrote this when he had been wearing an ankle monitor for 63 days. Nancy has been wearing an ankle monitor for three years:

By M.M.

I cannot sleep. There is a device on my leg.

It requires that I wake up an hour early so I can plug it into a charger and stand next to the outlet, like a cell phone charging up for the day. Not the day, actually, but 12 hours. After that, the device runs out of juice. Wherever I am, I have to find an outlet to plug myself into. If I don’t, I’m likely to be thrown back onto Rikers Island.

The device is my ankle bracelet, which I’ve now been wearing for 63 days. I wear it afraid that someone at work will notice the bulge. When I go to school, I worry my friends will spot it and leave me. I push it up into my jeans, hoping they won’t see. But the higher up I push it, the more it starts to hurt; most days, my feet go numb. I try wearing bell-bottoms…

I can no longer wear shorts. I cannot visit a beach without enduring public humiliation…

I have been alternating three pairs of pants for almost three months now — the only pants that can accommodate the device. When I’m with my co-workers, I stand out as the only person wearing jeans; dress slacks are too much of a risk, because when I sit down, pants like those hike up. …

Throughout the day, the device becomes heavier and more painful, causing me to bleed. I push it down on my ankle to let my blood circulate — but then the pain becomes unbearable, and I can’t plant my feet without crying out…

The device is, both literally and metaphorically, my greatest source of pain.

But every day I rise, stand by the socket, and charge my ankle to go to work.

 

 

 

 


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Alison McClintock

16 Comments

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  • For fancy lawyers with a fancy NYC address, can’t they afford to have someone proof read? At first they say “…have it replaced on Monday, February 22, 2021.” Then they say, “…have it replaced on Monday, February 21.” I guess calendars are scarce during Covid….

  • Frank, before I even start reading this article I had to scroll down to tell you I’m laughing already just at the headline picture.

  • M.M. might want to spend $10-$20 and get a small rechargeable 5000mA powerbank. About half the size of a mobile phone it will charge anything and will save you from both getting up early and also standing near an electrical outlet.

    As far as the humiliation, perhaps you can tell people you robbed a bank and gain street cred and total respect.

  • Is the ankle monitor on the leg being operated on? If so, why not just move it to the other ankle. Why does this not sound kosher? Maybe a visit planned to visit a foreign bank and lunch with Sarah Bronfman?

    • I was thinking the same thing. Why not put it one the other leg? Have her carry it in her purse or have her stay in the local jail over the weekend?
      Why is the Jidge being so soft of Nancy Salzman?

    • I feel like they probably gave permission to remove it for the purpose of surgery. It would be too dirty and not worth the effort to maintain in it in a surgical suite. Most people don’t have these problems so an exception was made. I hope so, at least.

  • Frank Nancy Salzman should NOT under ANY circumstances, have been allowed to have that monitor removed- it should have been put on the other ankle- to remind her, that she is NOT a “free” woman. I am angry that she was allowed to do this.
    Why is the “justice system” allowing Nancy to do anything she wants? Why? What in the world is wrong with the courts?
    Nancy “medically neglected” my ONLY sister, Kristin Marie Snyder, so why didn’t they “medically neglect” her?
    Nancy is “NOT” free yet- she should have been made to walk around with that ankle monitor still with that bad ankle. She should have to suffer, as did my sister, at her hands. Why is she getting the “treatment” she is from the Judge?
    Nancy is a “criminal” and she should NOT have ANY privileges- at all. Our family has suffered for 18 years- and she doesn’t care at all. There haven’t been apologies from Nancy or from Keith, and there haven’t been discussions, as to where my sister’s remains are. They should have to do that- before any “special treatment” is given to them.
    Keith and Nancy both know where my sister’s remains are- and they should have to be forced to give them up.
    The Judge 👩‍⚖️ should make them talk and finish this case out- for our family. They are hard core criminals and they should suffer

    • Kim,

      I’ll give you the answer!

      How many times have you read on this blog – or anywhere else on this planet – about victim’s rights? About whether “due process” was followed before criminals killed them? Whether their death sentence was justified or was applied in a particular manner of torture??

      You know why?

      Because, victims, and everything they represent in any public forum mean smeared toilet paper!

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