News File Photo The Alpena County Courthouse is seen in this April 2020 News archive photo.

ALPENA — An Alpena man wants to get out of prison early because he’s afraid of dying there, an attorney told Alpena’s 26th Circuit Court today.

Sentenced in 2017 to at least four years in prison for planning to manufacture methamphetamine, Andrew Lindahl, 47, has served 40 months, the last six of them during the coronavirus pandemic.

At the Newberry Correctional Facility in the Upper Peninsula, where Lindahl is being held, at least 68 prisoners have tested positive for COVID-19 — including Lindahl, who has a liver disease that increases his risk of serious complications from the virus.

The courts can change sentences based on new circumstances to keep them consistent with what was originally intended, defense attorney Andrew Sullivan, of Detroit, said.

“The sentence which we truly intend is not a death sentence, your honor,” Sullivan told the court, arguing his client should be released for his safety and that of the community.

When Lindahl was sentenced, the prosecution only asked that he be given 34 months — the maximum recommended by the Michigan Department of Corrections at that time. Though the sentence given by Judge Scott Pavlich was higher than that, Lindahl has served more than was originally asked, Sullivan said.

Lindahl’s sentence was upheld by the Michigan Court of Appeals in 2018.

“If the court finds that Mr. Lindahl should be released early, the floodgates of the prison system would simply just continue to be opened due to this pandemic,” Alpena County Prosecutor Cynthia Muszynski countered, opposing the motion.

Judge Benjamin Bolser said he would take the matter into consideration and issue an opinion in coming days.

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Todd Agar, awaiting trial on sexual assault charges against three minors in Alpena and incarcerated on unrelated charges, didn’t appear in court today as scheduled.

Agar was tested for COVID-19 last week, his attorney told the court. Agar’s test results were unknown.

Agar was originally scheduled to be transferred to the Alpena County Jail prior to today’s scheduled hearing to meet with his attorney in person. A new order by Gov. Gretchen Whitmer, released last week, required increased testing of inmates and stiffened restrictions for transports to and from prisons.

Defense Attorney Bill Pfeifer said he won’t be allowed into the prison and is not sure, now, when he’ll be able to meet with his client face-to-face.

Another hearing for Agar was set for Oct. 5, when, attorneys hope, the governor’s order will have expired.

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Bradley Avery, accused of having eight child sexually abusive photos on his phone and videotaping several young girls as they changed clothes at the Alpena County Fairgrounds in 2017, was arraigned in Circuit Court today.

A not-guilty plea was entered on his behalf by the court.

Avery’s attorneys plan to file a motion challenging the 88th District Court decision to advance Avery’s case toward trial.

Avery’s next court appearance will be a status conference on Sept. 21.