UPDATE: On Tuesday, Jan. 26, a judge denied Mossimo Giannulli's request to modify his sentence after he spent 56 days in solitary confinement.
In court documents obtained by E! News, the District Court of Massachusetts ruled, "Every prisoner in a BOP facility is currently subjected to onerous conditions due to the COVID-19 pandemic and Giannulli 'has not explained why he should be given special or unique treatment.'"
The court also noted that Giannulli has since been moved to general population and his "current circumstances" pose no immediate risk to his health, especially as Giannulli does not suffer from "any condition which would place him at an increased risk of severe illness due to COVID-19 nor, indeed, that he suffers from any particular medical condition."
Moreover, the court established that Giannulli's five-month sentence was appropriate for his crimes. "A 5-month sentence is appropriate in that it serves, inter alia, to dissuade and deter others who may, like Giannulli, believe that because they can afford it, they can flout the law," the documents read. "Modifying or reducing defendant's sentence in this case would undercut any such deterrence."
Mossimo Giannulli was sentenced to five months in prison, but after 56 days in solitary confinement, he's requesting an early release.
According to court documents obtained by E! News, Lori Loughlin's husband filed an emergency motion to modify his sentence. Specifically, his lawyer has asked a judge to consider allowing Mossimo fulfill the rest of his sentence at home, citing concerns surrounding the circumstances of his detainment.
Per his plea agreement reached in, upon entering prison Mossimo was supposed to quarantine with other minimum security prisoners, after which he'd be relocated to a minimum security camp. However, his lawyer claims that Mossimo was placed into solitary confinement located near medium security prisoners for 24 hours a day, even after testing negative for COVID-19 multiple times.
During his time in solitary, Mossimo's lawyer claims he was allowed to leave his cell three times a week to shower, but otherwise remained inside for meals. The lawyer additionally claims he was only sporadically allowed to call his family.
Following 56 consecutive days spent in solitary confinement, Mossimo's lawyer claims he was moved to a minimum security camp on Wednesday, Jan. 13. The lawyer describes the conditions of his detainment "fundamentally unfair," writing in the filing, "The toll on Giannulli's mental, physical and emotional well being has been significant."
"Every day that Mr. Giannulli spent in isolation caused harm to his physical, mental and emotional health," the document continues. "Mr. Giannulli respectfully submits that the severe circumstances of his extended confinement in solitary quarantine in a cell at USP Lompoc for eight weeks constitutes sufficiently extraordinary and compelling reasons to modify his sentence and order his transfer to home confinement."
Mossimo's attorney argues that because he is 57 years old, a non-violent first time offender and is housed at a low security prison, his case qualifies for home confinement and would allow the Bureau of Prisons to prevent the spread of the coronavirus.
Mossimo's lawyer adds that he tested positive for COVID-19 in October 2020, prior to confinement.
This is the second time Mossimo's attorneys have requested home confinement. On Jan. 7, a warden declined his request.
Lori was released from prison five days prior to completing her two-month sentence. At the time, a source told E! News, "She is relieved and incredibly happy it's over with, but she is still very worried about Mossimo Giannulli and upset for him."
She and Mossimo pled guilty to conspiracy charges in securing the fraudulent admission of their two children, Olivia Jade Giannulli, 21, and Bella Giannulli, 20, to the esteemed University of Southern California.
While Mossimo serves out the remainder of his sentence, Lori has started two years of supervised release and is working towards completing 100 hours of community service, as required. Additionally, Mossimo and Lori have each paid $150,000 fines.
Their daughter, Olivia, who was never charged with wrongdoing in the scandal, has publicly stated that she's working towards being a better person. On Jada Pinkett Smith's Red Table Talk, Olivia said, "But I think what's so important to me is like to learn from the mistake. Not to now be shamed and punished and never given a second chance. I'm 21, I feel like I deserve a second chance to redeem myself, to show I've grown."
This story was originally published on Thursday, Jan. 14, 2021 at 7:16 p.m. PST.