Brittney Griner loses appeal against 9-year prison sentence

Brittney Griner has lost her appeal on her nine-year prison sentence for drug possession in Russia.

According to reports, the rejection could be a step closer for Griner to get out on a possible high-stakes prisoner swap. The swap would be between Moscow and the United States.

Why did Brittney Griner appeal her sentence?

The eight-time all-star center with the WNBA’s Phoenix Mercury and an Olympic gold medalist was convicted Aug. 4. This happened after police said they found vape canisters containing cannabis oil in her luggage at Moscow’s Sheremetyevo Airport.

Appearing via video at trial, Griner admitted to having the canisters in her luggage but testified she packed them inadvertently in her haste to make her flight and had no criminal intent.

Her defense team maintained that Griner was prescribed cannabis to treat chronic pain. They also provided statements to the court.

“This has been very traumatic experience, waiting for this day, waiting for the first court, and getting nine years for a crime that I was barely over the significant amount,” Griner told the Moscow hearing on Tuesday.

“I don’t understand the first court’s decision to give one year less than the max when I’ve been here almost 8 months, and people with more severe crimes have gotten less than what I was given… I really hope that the court will adjust this sentence, because it’s been very, very stressful and very traumatic to my mental and psyche, being away from my family and not being able to communicate.”

What’s next in Brittney Griner’s case?

The nine-year sentence was close to the maximum of 10 years, and Griner’s lawyers argued that the punishment was excessive. They said in similar cases defendants have received an average sentence of about five years, with about a third of them granted parole.

“It is not what we expected. We are very disappointed,” Griner’s attorneys, Maria Blagovolina and Alexander Boykov, said Tuesday.

“The verdict contains numerous defects, and we hoped that the court of appeal would take them into consideration. We still think the punishment is excessive and contradicts to the existing court practice.

“Brittney’s biggest fear is that she is not exchanged and will have to serve the whole sentence in Russia. She had hopes for today as each month, each day away from her family and friends matters to her.”

While upholding the sentence, the court said Griner’s prison time will be recalculated to reflect what she has already served in pre-trial detention. One day in pre-trial detention will be counted as 1.5 days in prison, meaning she still will have to serve about eight years in prison.

Can she still come home?

WNBA Commissioner Cathy Engelbert called the court’s ruling “unfortunate” but “not unexpected.”

“We greatly appreciate the ongoing efforts of the administration and U.S. Department of State in leading the negotiations,” Engelbert said in a statement. “It is time to bring this case to an end and bring BG home.”

National security adviser Jake Sullivan released a statement Tuesday again stating the U.S.’ stance that she has been “wrongfully detained.”

Sullivan added that the White House has continued “to engage with Russia” over the release of Griner.

They did not didn’t elaborate if an exchange would take place.