Miami Herald - July 9, 2003
Noah Bierman and Manoucheka Celeste, nbierman@herald.com

"The way things were, we thought he was going to die in jail," said Guilda Dolce, who testified that cousin Jean Felix could stay at her Fort Lauderdale home. "I know he was happy."

Jail medical authorities have testified that Felix, 41, has only about two months to live. If he stays in jail and completes his eight-month sentence in September, he could die sooner because of exposure to other inmates' infections and germs.

Last week, Broward Circuit Judge Cheryl Aleman said Felix had to stay locked up, even though jail officials suggested he leave and prosecutors agreed to it.

"It is really difficult to tell what the life expectancy is of the defendant," Aleman said, according to a transcript of last week's hearing. "The defense concedes two, three, four, six months. Nobody knows, to use the words of the defense counsel when asked how long."

Steven Michaelson, chief assistant public defender, filed another emergency request Monday. And, with Aleman out of town, Chief Judge Dale Ross agreed Tuesday to let Felix stay with his cousin for up to six months.

Ross issued the original sentence when Felix tested positive for cocaine while on probation for another drug possession charge.

Born in Haiti, he spoke in court through a translator and allowed medical authorities to disclose his condition. Felix came to South Florida from Haiti in 1986, according to Dolce, who spoke to the Herald in Creole. Felix's teenage son and daughter still live in Haiti and their mother is dead.

Although Felix has other cousins in South Florida, Dolce said he feels closest to her and that she would stand by him.

Michaelson had promised Aleman that Felix would return to jail if he outlasted his furlough. Tuesday, in front of Ross, he brought more witnesses, including Felix's jail doctor and a psychologist who talked about how his life expectancy could improve if he's surrounded by family, according to attorneys.

"The Legislature passed drug offender laws to protect people from hurting themselves by using drugs," Michaelson said in court last week.

"I don't think they envisioned this scenario when they passed those laws. I think regardless of the sentence that the court imposed in this [case], God imposed a greater sentence."

Prosecutor Gary Cole said he's satisfied that Felix would probably not be able to commit new crimes if let out of jail because he'll be bedridden soon.

Felix will also be required to call the Broward Sheriff's Office on a daily basis while on furlough.

"Compassion tells us we should probably let him be released," Cole said.

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