DOJ-OGR-00001589.jpg
694 KB
Extraction Summary
3
People
2
Organizations
1
Locations
2
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal filing (memorandum of law in support of bail application)
File Size:
694 KB
Summary
This is page 9 of a legal filing (Document 18) dated July 10, 2020, in the case of United States v. Ghislaine Maxwell. The defense argues that Maxwell should be released on bail because the government failed to prove she is a flight risk and because the COVID-19 pandemic poses a significant health risk to her in detention, citing the precedent of United States v. Stephens. The document also highlights that detention would hinder her ability to prepare a defense due to restrictions on attorney access.
People (3)
| Name | Role | Context |
|---|---|---|
| Ghislaine Maxwell | Defendant |
Subject of the bail application; arguing for release due to COVID-19 risks and lack of flight risk.
|
| Stephens | Defendant (Cited Case) |
Defendant in United States v. Stephens, cited as precedent for COVID-19 bail release.
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| AJN | Judge |
Initials in case number (Alison J. Nathan), presiding over the Maxwell and Stephens cases.
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Organizations (2)
| Name | Type | Context |
|---|---|---|
| United States District Court |
Implied by case citation S.D.N.Y. (Southern District of New York).
|
|
| Department of Justice (DOJ) |
Indicated by the Bates stamp DOJ-OGR-00001589.
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Timeline (2 events)
2020-07-10
Locations (1)
| Location | Context |
|---|---|
|
Southern District of New York, where the cited case (Stephens) and current case are held.
|
Relationships (2)
Document argues against the government's request for detention.
Mentions restrictions on attorney visits and access to counsel.
Key Quotes (4)
"Ms. Maxwell should be released on bail."Source
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Quote #1
"Ms. Maxwell will be at significant risk of contracting COVID-19 if she is detained"Source
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Quote #2
"COVID-19 is an 'unprecedented and extraordinarily dangerous' threat that justifies release on bail."Source
DOJ-OGR-00001589.jpg
Quote #3
"The government has failed to meet its burden of establishing that Ms. Maxwell presents an 'actual risk of flight'"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (1,952 characters)
Case 1:20-cr-00330-AJN Document 18 Filed 07/10/20 Page 9 of 26
innocence."). The government has failed to meet its burden of establishing that Ms. Maxwell
presents an "actual risk of flight" and must be detained under Section 3142. The strict bail
conditions outlined above are appropriate under the circumstances and are the "least restrictive"
set of conditions that will "reasonably assure" Ms. Maxwell's appearance in Court, without the
health and access to counsel risks inherent in the government's request that Ms. Maxwell be
detained pending trial. See 18 U.S.C. § 3142 (c)(1)(B). Under the controlling legal standards,
Ms. Maxwell should be released on bail.
presents an "actual risk of flight" and must be detained under Section 3142. The strict bail
conditions outlined above are appropriate under the circumstances and are the "least restrictive"
set of conditions that will "reasonably assure" Ms. Maxwell's appearance in Court, without the
health and access to counsel risks inherent in the government's request that Ms. Maxwell be
detained pending trial. See 18 U.S.C. § 3142 (c)(1)(B). Under the controlling legal standards,
Ms. Maxwell should be released on bail.
ARGUMENT
There are two compelling reasons why the Court should order Ms. Maxwell's release
on bail pursuant to the strict conditions she has proposed:
on bail pursuant to the strict conditions she has proposed:
First, Ms. Maxwell will be at significant risk of contracting COVID-19 if she is detained,
and she will not be able to meaningfully participate in the preparation of her defense due to the
restrictions that have been placed on attorney visits and phone calls in light of the pandemic.
and she will not be able to meaningfully participate in the preparation of her defense due to the
restrictions that have been placed on attorney visits and phone calls in light of the pandemic.
Second, the government has failed to carry its burden under 18 U.S.C. § 3142 that no
combination of conditions can be imposed that will reasonably assure Ms. Maxwell's presence in
court.
combination of conditions can be imposed that will reasonably assure Ms. Maxwell's presence in
court.
I. The Conditions Created by the COVID-19 Pandemic Mandate the Release of
Ms. Maxwell.
Ms. Maxwell.
Impact of COVID-19 on the Prison Population. We submit that the conditions created by
the COVID-19 pandemic compel Ms. Maxwell's release pursuant to appropriate bail conditions.
Four months ago, this Court held in United States v. Stephens, 15-CR-95 (AJN), 2020 WL
1295155 (S.D.N.Y. Mar. 19, 2020), that COVID-19 is an "unprecedented and extraordinarily
dangerous" threat that justifies release on bail. Id. at *2. In that case, the defendant, who had no
underlying medical conditions, filed an emergency motion for reconsideration of the Court's
the COVID-19 pandemic compel Ms. Maxwell's release pursuant to appropriate bail conditions.
Four months ago, this Court held in United States v. Stephens, 15-CR-95 (AJN), 2020 WL
1295155 (S.D.N.Y. Mar. 19, 2020), that COVID-19 is an "unprecedented and extraordinarily
dangerous" threat that justifies release on bail. Id. at *2. In that case, the defendant, who had no
underlying medical conditions, filed an emergency motion for reconsideration of the Court's
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DOJ-OGR-00001589
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