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723 KB
Extraction Summary
4
People
3
Organizations
0
Locations
3
Events
2
Relationships
4
Quotes
Document Information
Type:
Legal document
File Size:
723 KB
Summary
This legal document, part of a court filing from July 18, 2019, argues against granting pretrial release (bail) to the defendant, Mr. Epstein. It cites legal statutes and precedents to establish a presumption against release due to the nature of the charges (sex trafficking of a minor) and the existence of a grand jury indictment. The document also references a letter from the Government which claims Mr. Epstein poses a danger to the community and is likely to intimidate witnesses and obstruct justice if released.
People (4)
| Name | Role | Context |
|---|---|---|
| Mr. Epstein | Defendant |
The subject of the legal filing, who the Government is requesting be remanded (denied bail).
|
| Martir | Defendant |
Mentioned in the legal citation 'United States v. Martir'.
|
| Contreras | Defendant |
Mentioned in the legal citation 'United States v. Contreras'.
|
| victims | Victim |
Referred to as 'minor' girls alleged to have been sexually trafficked by the Defendant.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Government | government agency |
The prosecuting party in the case against Mr. Epstein, arguing for his remand.
|
| Court | government agency |
The judicial body being addressed in the filing, which will decide on the defendant's pretrial release.
|
| grand jury | legal body |
The body that returned the indictment against the defendant, establishing probable cause.
|
Timeline (3 events)
2019-07-08
The Government submitted a letter application requesting the Court remand Mr. Epstein.
2019-07-18
Document 32 was filed in Case 1:19-cr-00490-RMB.
Relationships (2)
The document states that 'minor' girls are alleged to have been sexually trafficked by the Defendant (Mr. Epstein).
The Government is the prosecuting party in a criminal case against Mr. Epstein and is arguing for him to be denied bail.
Key Quotes (4)
"if there is probable cause to believe that the person committed . . . an offense involving a minor victim under section . . . 1591,” then “it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community."Source
— 18 U.S.C. § 3142
(A legal statute cited to argue for a presumption against pretrial release for the defendant.)
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Quote #1
"[A]n indictment returned by a duly constituted grand jury conclusively establishes the existence of probable cause for the purpose of triggering the rebuttable presumptions set forth in § 3142(e)"Source
— United States v. Contreras
(A legal precedent cited to establish that the indictment against the defendant triggers the presumption against pretrial release.)
DOJ-OGR-00000473.jpg
Quote #2
"poses [] an acute danger to the community"Source
— The Government
(An argument from the Government's letter application on why Mr. Epstein should be remanded.)
DOJ-OGR-00000473.jpg
Quote #3
"if [Mr. Epstein is] allowed to remain out on bail, the defendant could attempt to pressure and intimidate witnesses and potential witnesses in this case, including victims and their families, and otherwise attempt to obstruct justice."Source
— The Government
(An argument from the Government's letter application detailing the risks of releasing Mr. Epstein on bail.)
DOJ-OGR-00000473.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (2,064 characters)
Case 1:19-cr-00490-RMB Document 32 Filed 07/18/19 Page 2 of 33
pretrial release. § 3142 states that: “if there is probable cause to believe that the person committed . . . an offense involving a minor victim under section . . . 1591,” then “it shall be presumed that no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of the community.” 18 U.S.C. § 3142(e)(3)(E) (emphasis added); see United States v. Martir, 782 F.2d 1141, 1144 (2d Cir. 1986). The Indictment in this case was returned by a grand jury thus establishing probable cause that the defendant committed the crimes of sex trafficking and sex trafficking conspiracy. See United States v. Contreras, 776 F.2d 51, 55 (2d Cir. 1985) (“[A]n indictment returned by a duly constituted grand jury conclusively establishes the existence of probable cause for the purpose of triggering the rebuttable presumptions set forth in § 3142(e)”). In most federal cases the rebuttable presumption that applies favors pretrial release, not remand.
There is another very important issue to be considered in this case. It has to do with “victims” of the crimes charged in the Indictment. Victims refer to the “minor” girls who are alleged to have been sexually trafficked by the Defendant. Under 18 U.S.C. § 3771, victims are entitled to be heard in court, including on the question of whether the defendant is to be released or remanded. Victims have, among other things, been given the opportunity to testify at the bail hearing.
B. Counsels’ Submissions
The Government’s letter application, dated July 8, 2019, requests that the Court remand Mr. Epstein. It argues that Mr. Epstein “poses [] an acute danger to the community” and, grounded in past experience with this Defendant, that “if [Mr. Epstein is] allowed to remain out on bail, the defendant could attempt to pressure and intimidate witnesses and potential witnesses in this case, including victims and their families, and otherwise attempt to obstruct justice.” Dkt.
2
DOJ-OGR-00000473
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