Lori Loughlin's Husband Mossimo Giannulli Asks to Finish Prison Sentence in Home Confinement
Mossimo Giannulli is currently serving a five-month prison sentence for his involvement in the college admissions scandal
In court documents obtained by PEOPLE, attorneys for the 57-year-old designer said that Giannulli spent 56 days in quarantine due to the ongoing COVID-19 pandemic and it has taken a "significant" toll on his "mental, physical, and emotional well-being."
"Mr. Giannulli spent almost 40% of his total sentence confined in solitary quarantine, despite testing negative for COVID-19 at least ten times and despite his counsel's multiple requests that [the Bureau of Prisons] release him from quarantine," his lawyers said in the filing.
In the emergency motion, Giannulli's lawyer claimed that he was not moved to a minimum security camp after completing the prison's required COVID-19 quarantine following his arrival, but instead "was immediately placed in solitary confinement in a small cell at the adjacent medium security penitentiary, 24 hours per day with only three short 20 minute breaks per week, where he remained for 56 days before finally being transferred to the camp yesterday (January 13)."
According to his lawyers, Giannulli tested negative every two weeks, but was returned to solitary confinement each time because other inmates that reported to prison after his arrival had tested positive.
"As a result BOP has determined that any individual in the facility must re-quarantine each time that occurs, despite the fact that individuals are not in contact with one another, and instead are confined to their cells 24 hours per day," the attorneys said.
Giannulli was booked into federal prison in Lompoc, near Santa Barbara, California, on Nov. 19.
In December, Giannulli's son Gianni claimed on his Instagram account that his father was "locked in solitary confinement for one full month" and had been "only let out every 3 days for a few moments to shower," according to ABC News, who captured a screenshot of Gianni's Instagram post.
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However, a legal source told PEOPLE that solitary confinement is a punitive status and Giannulli was not being punished, but had been separated from other inmates after the prison reported hundreds of COVID-19 cases in the summer.
A source close to the situation writes in an email to PEOPLE that Giannulli "has been repeatedly tested for COVID and each time he is always negative and still, he is being kept in solitary confinement and not allowed into the camp."
The legal source told PEOPLE at the time that Giannulli was out of his cell one hour a day, per prison protocol.
But the source close to the situation writes, "The truth is that Mossimo Giannulli was NOT allowed out of his cell one hour a day to exercise. In fact, he was not allowed out or allowed to walk or exercise outdoors at all. He was only allowed out of his cell A FEW TIMES a week to briefly shower. Because of this his attorneys had no choice but to file the motion."
The source adds that Giannulli's "cell is so small that he can't even move around."
RELATED VIDEO:Olivia Jade Giannulli Breaks Her Silence on the College Admissions Scandal: 'We Messed Up'
Giannulli and Loughlin, 56, were caught up in the cheating scheme to unfairly get students admitted to elite universities. Giannulli pleaded guilty to one count of conspiracy to commit wire and mail fraud and one count of honest services wire and mail fraud in May. His wife admitted to one count of conspiracy to commit wire and mail fraud.
According to the criminal complaint against them, the couple was accused of paying $500,000 to Rick Singer and Key Worldwide Foundation to falsely designate their daughters — Olivia Jade, 21, and Isabella Rose, 22 — as recruits to the University of Southern California crew team, even though neither ever participated in the sport.
Loughlin was released from a federal correctional facility in Dublin, California, on Dec. 28 after serving nearly two months in jail.
A source recently told PEOPLE that Loughlin has been "stressed" about her husband.
"This whole nightmare won't stop completely until Mossimo is released too. But Lori still seems positive," the source said.