EFTA00027753.pdf

178 KB

Extraction Summary

3
People
4
Organizations
4
Locations
4
Events
2
Relationships
5
Quotes

Document Information

Type: Legal correspondence / court order
File Size: 178 KB
Summary

This document is a letter from the U.S. Attorney's Office to Judge Alison Nathan regarding the delivery of legal mail to Ghislaine Maxwell at the Metropolitan Detention Center (MDC). The Government explains the MDC's mail processing protocols and attributes a specific delay in delivering a hard drive to an 'institutional emergency' on October 13, 2021. Judge Nathan appends an order to the end of the document, denying the defense's request for a specific delivery order but stating a firm expectation that legal mail be delivered within one business day.

People (3)

Name Role Context
Ghislaine Maxwell Defendant
Inmate at MDC; subject of the mail delivery dispute.
Alison J. Nathan Judge
United States District Court Judge; recipient of the letter and author of the order on page 3.
Damian Williams United States Attorney
Signatory authority for the Government's letter.

Organizations (4)

Name Type Context
U.S. Department of Justice
Header organization
United States Attorney Southern District of New York
Prosecuting authority submitting the letter
Metropolitan Detention Center (MDC)
Correctional facility where Maxwell is held; entity responsible for mail delivery
FedEx
Courier service used to send hard drive to MDC

Timeline (4 events)

2021-10-11
Government sent a hard drive containing Court-ordered disclosures to the defendant via FedEx.
New York
Government FedEx
2021-10-12
Hard drive received by the MDC.
MDC
MDC
2021-10-13
Institutional emergency at MDC impacting safety/security; no legal mail distributed.
MDC
MDC
2021-10-14
Legal counsel at MDC personally delivered the hard drive to Ghislaine Maxwell.
MDC
MDC Legal Counsel Ghislaine Maxwell

Locations (4)

Location Context
Jurisdiction
Court address
US Attorney's office address
Location where mail is initially processed

Relationships (2)

Damian Williams Adversarial (Prosecutor vs Defendant) Ghislaine Maxwell
Case caption United States v. Ghislaine Maxwell
Alison J. Nathan Judicial (Judge vs Defendant) Ghislaine Maxwell
Judge ruling on motions concerning Maxwell's confinement conditions.

Key Quotes (5)

"Legal mail from a defendant’s counsel is delivered to the defendant within one business day of receipt at the MDC."
Source
EFTA00027753.pdf
Quote #1
"Legal mail sent to a defendant from the Government via FedEx goes to the MDC’s warehouse."
Source
EFTA00027753.pdf
Quote #2
"Legal counsel at the MDC informed the Government that there was an institutional emergency impacting the safety and security of the MDC on October 13, 2021"
Source
EFTA00027753.pdf
Quote #3
"Based on the information in this letter, the Court will not enter the Defendant's requested order."
Source
EFTA00027753.pdf
Quote #4
"However, it is the Court's firm expectation that a defendant in a pre-trial posture like Ms. Maxwell will in most circumstances receive legal mail within approximately 1 business day."
Source
EFTA00027753.pdf
Quote #5

Full Extracted Text

Complete text extracted from the document (4,496 characters)

Case 1:20-cr-00330-AJN Document 350 Filed 10/15/21 Page 1 of 3
U.S. Department of Justice
United States Attorney
Southern District of New York
The Silvio J. Mollo Building
One Saint Andrew's Plaza
New York, New York 10007
October 15, 2021
BY ECF
The Honorable Alison J. Nathan
United States District Court
Southern District of New York
United States Courthouse
40 Foley Square
New York, New York 10007
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 10/15/21
Re: United States v. Ghislaine Maxwell, 20 Cr. 330 (AJN)
Dear Judge Nathan:
The Government respectfully submits this letter in response to the Court's Order dated October 15, 2021 (Dkt. No. 348) ordering the Government to respond to the defendant's October 14, 2021 letter regarding delivery of the defendant's legal mail at the Metropolitan Detention Center ("MDC") (Dkt. No. 346).
The Government conferred with legal counsel at the MDC in response to the Court's Order and was informed of the following: As a general matter, legal mail from a defendant's counsel is delivered to the defendant within one business day of receipt at the MDC. Legal mail sent to a defendant from the Government via FedEx goes to the MDC's warehouse. Staff at the MDC's warehouse process and log the mail in a tracking system and then contact the relevant department—in this case, the legal department—about the mail. The legal department has to then go to the warehouse to retrieve the mail, log the mail, assign the mail an internal number for tracking purposes, and fill out a form authorizing the delivery of the mail to the inmate before delivering the mail to the inmate.
Legal counsel at the MDC has explained to the Government that these are the MDC's
EFTA00027753
Case 1:20-cr-00330-AJN Document 350 Filed 10/15/21 Page 2 of 3
Page 2
standard procedures for legal mail, and these protocols apply to each one of the approximately 1,700 inmates at the MDC. Legal counsel at the MDC has further explained that defense counsel's request that the MDC be ordered to provide the defendant with all legal mail within one day of receipt by the MDC would be extremely burdensome and is not practicable in light of the various responsibilities of the MDC's legal department, which is responsible for issues relating to the approximately 1,700 inmates at the MDC. The Government respectfully submits that there are no circumstances that merit special expedited delivery for this defendant, and that the delivery of the defendant's mail should not receive priority over the services the legal department's staff provides to other inmates.
As noted in the defense's letter, the Government sent a hard drive containing Court-ordered disclosures to the defendant via FedEx on October 11, 2021. The hard drive was received by the MDC on October 12, 2021. Legal counsel at the MDC informed the Government that there was an institutional emergency impacting the safety and security of the MDC on October 13, 2021, such that no inmate at the MDC received any legal mail from the warehouse that day. On the morning of October 14, 2021, legal counsel at the MDC personally delivered the hard drive to the defendant.
The Government has made best efforts to obtain accurate information and respond to the Court's Order within a short time frame. Should the Court have any questions or require any additional details regarding this topic, the Government will confer with legal counsel at the MDC and provide additional information.
EFTA00027754
Case 1:20-cr-00330-AJN Document 350 Filed 10/15/21 Page 3 of 3
Page 3
Respectfully submitted,
DAMIAN WILLIAMS
United States Attorney
By: s/ [Redacted Signature]
Assistant United States Attorneys
Southern District of New York
Cc: Defense Counsel (By ECF)
Based on the information in this letter, the Court will not enter the Defendant's requested order. See Dkt. No. 346. However, it is the Court's firm expectation that a defendant in a pre-trial posture like Ms. Maxwell will in most circumstances receive legal mail within approximately 1 business day. Going forward, if another delay occurs, the Defendant may renew the request for a specific order requiring delivery within that time frame. With this understanding and in light of the unusually early pre-trial disclosure schedule set by the Court, the Court remains confident that Ms. Maxwell and her attorneys are fully able to prepare for trial. This resolves Dkt. No. 346. SO ORDERED.
Alison J. Nathan [Signature]
10/15/21
EFTA00027755

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