Suffolk County District Attorney Thomas Sini announced the indictment of 35-year-old Devon Lewis and 36-year-old Blair McDermott on Monday.
The couple were each charged with forgery, criminal contempt and offering a false instrument for filing.
"It is reprehensible that someone would claim to have this deadly virus, which has taken so much from so many people, to try to avoid the consequences of their own criminal actions," District Attorney Sini said. "This was a completely selfish, senseless attempt to subvert our criminal justice system and delay the inevitable, but there's no escaping justice in Suffolk County. You will get caught and you will be prosecuted."
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Lewis, who was indicted on multiple criminal charges related to the sale and possession of cocaine and heroin, had a jury trial scheduled for September 17, 2020.
However, on September 23, Lewis gave the court a document claiming to show McDermott had tested positive for COVID.
As a result, the decision was made to suspend the trial and resume after McDermott received a negative test.
Then in October, Lewis' attorney submitted a photo claiming that McDermott had tested positive again.
Lewis was convicted by the jury in November of 12 felony drug charges.
An investigation found that McDermott had allegedly forged documents submitted to court to show positive COVID test results when she had actually tested negative.
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It also found that a doctor's note was forged stating Lewis had asthma and that any jail sentence imposed during the coronavirus pandemic would be a health risk.
Lewis is currently being held without bail, while McDermott is due back in court on January 22.
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