An Allegheny County judge on Monday granted compassionate release for an ailing quadriplegic man serving life in prison.

But his attorney says it might be too late.

Ezra Bozeman, 68, was rushed to an area hospital from the State Correctional Institution at Laurel Highlands early Monday and placed on life support.

“It’s really a hollow victory,” said Dolly Prabhu, an attorney with the Abolitionist Law Center, after the short proceeding concluded in Common Pleas Court.

Bozeman, who was convicted of second-degree murder in October 1975 for killing Morris Weitz during a robbery at Highland Cleaners in Highland Park, has been incarcerated for nearly 49 years.

He became quadriplegic in February following spinal surgery for a previously misdiagnosed injury four years earlier.

His attorneys filed a motion for compassionate release, supported by several state representatives and Gov. Josh Shapiro.

But at a hearing on the issue last week, the Allegheny County District Attorney’s Office said it objected to Bozeman’s release, saying his attorneys had failed to meet the law’s requirements that dictate Pennsylvania’s compassionate release program.

At that proceeding, before Common Pleas President Judge Susan Evashavik DiLucente, Prabhu presented medical records and letters from Bozeman’s treating physician stating that he was unlikely to live more than a year and that he would receive better treatment at a private care facility.

Bozeman is paralyzed from the neck down, requires a colostomy and has lost 50 pounds.

But Deputy District Attorney Ronald M. Wabby Jr. said the failure to call any witnesses to testify about those things meant the judge should deny the request.

Evashavik DiLucente told Prabhu to present testimony from her witnesses and scheduled the hearing for this week.

But after a conference in chambers between the parties Monday morning, the judge took the bench and said the matter had been resolved given that the physician was ready to testify.

In addition, she noted the prosecution had planned to call a Pennsylvania Department of Corrections physician who would not have been able to dispute the testimony of Bozeman’s doctor.

Based on that, Evashavik DiLucente said she would sign an order to release Bozeman to a private 24-hour care facility on Monday.

“The court finds those two prongs have been met,” she said.

After the hearing, Prabhu said the district attorney’s office continued, even in the face of the news that Bozeman had been hospitalized and was on life support, to fight the petition.

“They have not been cooperative throughout this whole process,” she said. “The DA could have just consented. Now we don’t even know if he’ll make it to the (long-term care facility).”

Prabhu was frustrated by the delay.

“We know how urgent it is to get into court quickly,” she said. “We’re not misrepresenting that someone is terminally ill.”

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