DOJ-OGR-00020377.jpg
846 KB
Extraction Summary
3
People
4
Organizations
1
Locations
3
Events
3
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
846 KB
Summary
This legal document is a filing by the Government in response to an appeal by Maxwell regarding her pretrial confinement conditions. The Government argues that Maxwell's complaints about disruptive nighttime flashlight checks are unsubstantiated and do not demonstrably interfere with her trial preparation. The document also refutes Maxwell's accusations of misrepresentation, clarifying a statement made by Government counsel and explaining an acknowledged inaccuracy in information received from the MDC.
People (3)
| Name | Role | Context |
|---|---|---|
| Maxwell | Appellant / Defendant |
The subject of the legal filing, whose appeal concerns her pretrial confinement conditions, specifically nighttime ch...
|
| Judge Nathan | Judge |
Recipient of an April 6, 2021 letter from the Government which conveyed information from the MDC.
|
| Government counsel | Legal Counsel |
Quoted as clarifying that they could not speak to the specifics of nighttime checks for all inmates during oral argum...
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Government | government agency |
The opposing party in Maxwell's case, accused by her of making misrepresentations. The document states the Government...
|
| MDC | Correctional facility |
The facility where Maxwell is confined. Its security protocols, including nighttime checks and information provided t...
|
| District Court | Judicial body |
Mentioned as the appropriate venue for Maxwell to raise concerns about her ability to prepare for trial.
|
| Court | Judicial body |
The court hearing the current appeal, which receives information from the Government regarding Maxwell's confinement.
|
Timeline (3 events)
Oral argument where Government counsel made a statement about nighttime checks being 'routine'.
Locations (1)
| Location | Context |
|---|---|
|
The location of Maxwell's confinement and where the disputed nighttime checks occur.
|
Relationships (3)
Maxwell is appealing a decision and accuses the Government of making misrepresentations in her case.
The Government states that it receives information from the MDC and represents that information to the Court.
The Government communicated with Judge Nathan via a letter on April 6, 2021.
Key Quotes (1)
"I can’t speak to what is done to all inmates."Source
— Government counsel
(A clarification made during oral argument when asked if nighttime flashlight checks were conducted every 15 minutes for every inmate.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (2,108 characters)
Case 21-58, Document 92, 05/27/2021, 3109708, Page19 of 24
nighttime checks involve shining a flashlight directly into her eyes (as opposed to the ceiling), that the checks in fact disturb her sleep, or that the checks prevent her from being able to prepare her defense.³
36. It bears emphasis that Maxwell’s appeal ostensibly concerns a motion for pretrial release, such that the conditions of her confinement are relevant only insofar as they affect her ability to prepare for trial. As this Court previously recognized, the appropriate avenue for Maxwell to raise concerns about her ability to prepare for trial is through an application to the District Court. Maxwell availed herself of that process, but in so doing offered no evidence that the MDC’s security protocols are unjustified or interfering with her preparation for trial. Tellingly,
³ Maxwell repeatedly accuses the Government of making misrepresentations during the course of this case. It is correct that the MDC informed the Government that Maxwell wore an eye mask at night, when in fact she uses other non-contraband items to cover her eyes. The Government conveyed the MDC’s imprecise language in an April 6, 2021 letter to Judge Nathan but has since recognized and acknowledged the inaccuracy. The remaining accusations, however, are unfounded. For example, Maxwell takes Government counsel’s statement at oral argument about nighttime checks being “routine” out of context when claiming that it involved some representation that all inmates experience flashlight checks every 15 minutes. To the contrary, when asked whether the nighttime checks were conducted at that interval for every inmate, Government counsel clarified, “I can’t speak to what is done to all inmates.” Only after conferring with the MDC did the Government convey to Judge Nathan, and now this Court, the MDC’s procedures for nighttime checks of all inmates. The Government has and will continue to accurately represent the information it receives from the MDC when necessary to respond to Maxwell’s complaints or inquiries from the Court.
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DOJ-OGR-00020377
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