DOJ-OGR-00000540.jpg
561 KB
Extraction Summary
3
People
1
Organizations
0
Locations
1
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
561 KB
Summary
This document is a court transcript from July 24, 2019, capturing a dialogue between an attorney, Mr. Weinberg, and the presiding judge. Mr. Weinberg argues that his client's case is not a typical trafficking case and that the legal presumption for detention is rebuttable. The discussion focuses on the two prongs for rebuttal—danger to the community and flight risk—and the different legal standards of proof required for each.
People (3)
| Name | Role | Context |
|---|---|---|
| THE COURT | Judge |
Presiding over the case, asking questions and making comments to Mr. Weinberg.
|
| MR. WEINBERG | Attorney |
Arguing legal points before the court, likely on behalf of a defendant.
|
| Fioro |
Mentioned in reference to the "Fioro (phonetic) case" by the Court.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| SOUTHERN DISTRICT REPORTERS, P.C. | Company |
Listed at the bottom of the page, likely the court reporting service that transcribed the proceeding.
|
Timeline (1 events)
2019-07-24
A legal argument took place in court concerning Rule 29, the scope of a statute, and the conditions for releasing a defendant, specifically focusing on the rebuttable presumption of detention based on danger to the community or flight risk.
Courtroom
Relationships (1)
The document is a transcript of a formal court proceeding where Mr. Weinberg, an attorney, is presenting legal arguments to the presiding judge (The Court).
Key Quotes (3)
"But this is not quintessential commercial sex trafficking to third parties for profit."Source
— MR. WEINBERG
(Arguing that the case at hand does not fit the typical profile for which certain detention statutes are intended.)
DOJ-OGR-00000540.jpg
Quote #1
"the presumption is rebuttable. Even in those cases that your Honor listed, the statute contemplates that some 1591 defendants will be released under conditions..."Source
— MR. WEINBERG
(Making the point that even under the relevant statute, detention is not automatic and can be challenged.)
DOJ-OGR-00000540.jpg
Quote #2
"So those prongs have different burdens of proof for one thing, clear and convincing in one instance and preponderance in the other."Source
— THE COURT
(Commenting on the legal standards for the 'danger' and 'flight' risks that Mr. Weinberg mentioned.)
DOJ-OGR-00000540.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,442 characters)
Case 1:19-cr-00490-RMB Document 36 Filed 07/24/19 Page 30 of 74 30
1 THE COURT: Is that the Fioro (phonetic) case?
2 MR. WEINBERG: Yes, your Honor. Again, today is not
3 the day to be arguing Rule 29 issues or even the construction
4 and scope of the statute. But I think lots of the detentions
5 are for your quintessential traffickers.
6 And I understand we don't have consent and, therefore,
7 the government substitutes that language. But this is not
8 quintessential commercial sex trafficking to third parties for
9 profit.
10 But more important or as important, if I can say that,
11 the presumption is rebuttable. Even in those cases that
12 your Honor listed, the statute contemplates that some 1591
13 defendants will be released under conditions, and I believe
14 that the rebuttal to the presumption -- one is the danger
15 prong; one is the flight prong. If I can address them
16 separately.
17 THE COURT: Sure.
18 MR. WEINBERG: I apologize if I'm using the time.
19 THE COURT: No. You have the right.
20 MR. WEINBERG: Thank you, Judge.
21 THE COURT: I think that is interesting. So those
22 prongs have different burdens of proof for one thing, clear and
23 convincing in one instance and preponderance in the other.
24 It's either/or or both one could find. But if one
25 found one of those, either a danger to the community or flight
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00000540
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