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Fogel appeal denied by Moscow court

Silvio Andreassi, Josephine Vasbinder, Malphine Fogel, Lydia Emrick, and Helen Bartoe pose for pictures during their annual family reunion at Sugarcreek Community Park on Saturday in Sugarcreek Township. The family is advocating for the release of Fogel's son, Marc Fogel, since he was detained in Russia about a year ago. Joseph Ressler/Butler Eagle 7/30/22

A Russian court denied Butler native Marc Fogel’s appeal for a change in sentencing earlier this week — leaving his 14-year sentence intact, according to his sister, Lisa Hyland.

Fogel, a 61-year-old husband and father of two who had lived in Oakmont, Allegheny County, was detained Aug. 14, 2021, after he was found in possession of less than an ounce of medical marijuana, which was acquired legally before traveling to Russia.

According to the office of U.S. Sen. Bob Casey, D-Pa., and Fogel’s lawyers, the denial came from Moscow Regional Court and a full decision text will be available next week.

Other attempts to free Fogel

Hyland said last week the U.S. State Department initiated another approach to bring Fogel home. The department requested Fogel be released on humanitarian grounds. The case for a release would likely be based on Fogel’s health and age.

That process involved the family filling out paper work on Fogel’s behalf.

“I don’t know much about the humanitarian plea process. From what I know, the State Department makes the plea to the Russian Ministry of Foreign affairs,” Hyland said. “We don’t have any further information at this time.”

Also last week, a bipartisan group of legislators collaborated on a letter to U.S. Secretary of State Antony Blinken on behalf of Fogel, asking for him to be reclassified as “wrongfully detained.”

Casey said in a statement that the recent denial shows the need for Fogel’s reclassification.

“His harsh punishment far exceeds the punishment of similar cases and it’s clear that Vladimir Putin is using Mr. Fogel as a political pawn,” he said. “His case warrants the same degree of diplomatic attention and intervention as other political cases, and, alongside Mr. Fogel’s family, I’m going to keep pushing the State Department to make that happen.”

Teaching abroad

Fogel has taught history in an Anglo-American school in Russia for 10 years, while also having experience educating in Columbia, Venezuela, Oman and Malaysia.

Upon returning to Russia in August 2021 for his final year of teaching, Fogel was detained at Sheremetyevo International Airport for possessing medical marijuana, which was prescribed by a doctor in the U.S. for chronic pain.

Following three back surgeries, a spinal fusion, a hip replacement and two knee surgeries, the marijuana was prescribed to Fogel in 2021 as a solution to chronic pain and alternative to opioid treatment.

Fogel is serving his sentence in a maximum-security penal colony.

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