DOJ-OGR-00000929.jpg
675 KB
Extraction Summary
3
People
1
Organizations
1
Locations
2
Events
1
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
675 KB
Summary
This legal document, part of a court filing, argues for the temporary release of a defendant, Ms. Maxwell, under statute § 3142(i). It contends that her incarceration prevents her from adequately preparing for her upcoming trial in July, given the millions of pages of discovery documents she cannot effectively review. The argument compares her situation favorably to a precedent case, Robertson, to demonstrate the necessity of her release for a fair defense.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
The subject of the legal argument, who is seeking temporary release to prepare for her trial.
|
| Robertson | Party in a cited legal case |
Mentioned as a precedent case (Robertson) which is being compared to Ms. Maxwell's case.
|
| Boatwright | Party in a cited legal case |
Mentioned as the defendant in the cited case United States v. Boatwright.
|
Organizations (1)
| Name | Type | Context |
|---|---|---|
| United States | government agency |
Mentioned as a party in the cited case United States v. Boatwright.
|
Timeline (2 events)
2020-04-02
Ms. Maxwell's trial is set for July.
Locations (1)
| Location | Context |
|---|---|
|
The court district (District of Nevada) where the cited Boatwright case was heard.
|
Relationships (1)
The document argues that Ms. Maxwell's case for temporary release is more compelling than the case of Robertson.
Key Quotes (3)
"permit the temporary release of the person ... to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason."Source
— § 3142(i)
(Quoted from a legal statute regarding conditions for temporary release.)
DOJ-OGR-00000929.jpg
Quote #1
"no way to prepare for trial."Source
— the court
(A holding from a court decision stating that being held without the ability to see counsel face-to-face was not a viable way to prepare for trial.)
DOJ-OGR-00000929.jpg
Quote #2
"(1) [the] time and opportunity the defendant has to prepare for the trial and to participate in his defense; (2) the complexity of the case and volume of information; and (3) expense and inconvenience associated with preparing while incarcerated."Source
— Robertson case
(A quote from the Robertson case outlining factors courts consider for pretrial release.)
DOJ-OGR-00000929.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,437 characters)
Case 21-770, Document 20-1, 04/01/2021, 3068530, Page19 of 31
officer who issued an order of detention to, by subsequent order, “permit the temporary release of the person ... to the extent that the judicial officer determines such release to be necessary for preparation of the person’s defense or for another compelling reason.” § 3142(i).
The presumption of innocence should not be paid mere lip service, the court held, and being held without the ability to see counsel face-to-face was “no way to prepare for trial.”
Ms. Maxwell presents a more compelling case than Robertson for temporary release under § 3142(i). Courts considering whether pretrial release is necessary have considered: “(1) [the] time and opportunity the defendant has to prepare for the trial and to participate in his defense; (2) the complexity of the case and volume of information; and (3) expense and inconvenience associated with preparing while incarcerated.” Robertson, (citing United States v. Boatwright, 2020 WL 1639855, at *4 (D. Nev. Apr. 2, 2020) (unreported) (citations omitted).
Trial is set for July. There is precious little time left to prepare and participate in that preparation. The discovery involves millions of pages of documents. Ms. Maxwell cannot conduct searches of these documents; she cannot print them and spread them out on a desk for review; she cannot make notes on the documents; and she cannot move
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DOJ-OGR-00000929
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