By Cara Salvatore

Law360 (May 8, 2020, 9:35 PM EDT) -- Federal prosecutors urged a Pennsylvania federal judge on Friday to reject former Allentown Mayor Edwin Pawlowski's bid for release from prison during the coronavirus pandemic, saying it would be "plainly inappropriate" to let him out only 18 months into a 15-year sentence.

Pawlowski, who was convicted and sentenced in 2018 on charges of soliciting donations from vendors for an ultimately ill-fated U.S. Senate campaign in exchange for promises of lucrative city business, is serving his time at the Bureau of Prisons' FCI Danbury in Connecticut. Pawlowski told a judge days ago he would be safer at his Allentown home for the duration of the pandemic, citing multiple serious health problems and the fact that he has only one lung.

Prosecutors responded Friday that, under compassionate-release law, a temporary compassionate release — akin to a furlough — is "not an option."

"The only permissible option for the court … is a modification of sentence to a term of supervised release or probation, which effectively terminates any further imprisonment of the defendant," prosecutors said. Pawlowski "fails to demonstrate how release, 18 months into a 180-month sentence, reflects the seriousness of the offense, promotes respect for the law, and provides just punishment for the offense."

Prosecutors also said they have reviewed Pawlowski's prison medical records since his request and the records show all of his conditions are well-controlled and he has no recent major medical complaints.

The Bureau of Prisons since April 1 has been restricting inmates mainly to their cells, limiting group gatherings and attempting to regularly hand out face masks, prosecutors said.

Compassionate release is allowed in certain dire cases, such as when the prisoner has a serious physical or mental condition or the prisoner's underage children's caregiver dies or is incapacitated. But "at the present time, it is apparent that, but for the COVID-19 pandemic, the defendant would present no basis for compassionate release," prosecutors said.

The Danbury prison has already seen three coronavirus deaths, Pawlowski said.

He said he fears he could be the next fatality as he pointed to health conditions including his single lung, heart issues he's been treated for in the past year, and an antiviral drug he's been taking for an eye condition that he said served to compromise his immune system.

Pawlowski said residing in a prison during the pandemic places him at a serious risk of infection and death.

But prosecutors believe Pawlowski is not an extreme health risk under the current circumstances, and reminded the court that he has served only 10% of his sentence.

Pawlowski was accused of trying to wring money out of law firms, an information technology provider, a company seeking a streetlight contract, an architectural firm bidding to renovate a swimming pool, an engineering firm that won inspection work on a roadway construction project and a local developer seeking zoning approvals.

He was tried and convicted with former Norris McLaughlin & Marcus PA partner Scott Allinson, who was accused of agreeing to make donations to Pawlowski's campaign in exchange for a promise of municipal work.

Representatives for the parties were not immediately available for comment.

The U.S. government is represented by William McSwain, Anthony Wzorek and Michelle Morgan.

Pawlowski is represented by Jack McMahon of Law Office of Jack McMahon.

The case is U.S. v. Edwin Pawlowski et al., case number 5:17-cr-00390, in the U.S. District Court for the Eastern District of Pennsylvania.

--Additional reporting by Matt Fair. Editing by Amy Rowe.

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