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719 KB
Extraction Summary
4
People
5
Organizations
2
Locations
4
Events
1
Relationships
5
Quotes
Document Information
Type:
Legal document
File Size:
719 KB
Summary
This legal document, part of a court filing, argues that the defendant, Ms. Maxwell, has successfully rebutted the legal presumption that she is a flight risk. It asserts that the government has failed to meet its burden of proving that no set of bail conditions could reasonably ensure her appearance in court. The document cites several legal precedents to support its claim that the Court should order Ms. Maxwell's release under her proposed conditions.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
The subject of the legal argument, who is argued to have rebutted the presumption of being a flight risk.
|
| English |
Named in the case citation 'English, 629 F.3d at 319'.
|
|
| Deutsch |
Named in the case citation 'United States v. Deutsch, No. 18-CR-502 (FB)'.
|
|
| Crowell |
Named in the case citation 'United States v. Crowell, No. 06-CR-291E(F)'.
|
Organizations (5)
| Name | Type | Context |
|---|---|---|
| government | Government agency |
The prosecuting party in the case against Ms. Maxwell, which is argued to have not met its burden of proof regarding ...
|
| 2d Cir. | Court |
The United States Court of Appeals for the Second Circuit, cited as legal precedent.
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| E.D.N.Y. | Court |
The United States District Court for the Eastern District of New York, cited as legal precedent.
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| W.D.N.Y. | Court |
The United States District Court for the Western District of New York, cited as legal precedent.
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| Court | Court |
The judicial body being addressed in the document, which is being asked to order Ms. Maxwell's release.
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Timeline (4 events)
2020-06-30
A legal decision cited as '2020 WL 3536277, at *4–5 (2d Cir. June 30, 2020)'.
2d Cir.
Locations (2)
| Location | Context |
|---|---|
|
Mentioned in reference to Ms. Maxwell's family and other ties.
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|
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Refers to the judicial circuit in which the case is being heard, where other courts have ordered release in similar c...
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Relationships (1)
The document outlines a legal dispute where the government is opposing Ms. Maxwell's release on bail, and Ms. Maxwell's legal team is arguing against the government's position.
Key Quotes (5)
"remains a factor to be considered"Source
— 2d Cir. Court
(Quoted from a 2020 legal decision regarding the presumption of flight risk.)
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Quote #1
"[a]t all times . . . the government retains the ultimate burden of persuasion by . . . a preponderance of the evidence"Source
— Court (in English case)
(Quoted from the 'English' case to describe the government's burden of proof regarding flight risk.)
DOJ-OGR-00000971.jpg
Quote #2
"[n]othing in this section [3142] shall be construed as modifying or limiting the presumption of innocence."Source
— 18 U.S.C. § 3142(j)
(Quoted from a U.S. statute to emphasize the presumption of innocence.)
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Quote #3
"continue to enjoy the presumption of innocence in setting conditions of release."Source
— W.D.N.Y. Court
(Quoted from the 'Crowell' case regarding defendants charged with crimes involving minors.)
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Quote #4
"reasonably assure"Source
— Unknown
(Used to describe the standard for ensuring a defendant's presence in court.)
DOJ-OGR-00000971.jpg
Quote #5
Full Extracted Text
Complete text extracted from the document (1,989 characters)
Case 1:20-cr-00330-AJN Document 18 Filed 07/10/20 Page 19 of 260
2020 WL 3536277, at *4–5 (2d Cir. June 30, 2020). Although the presumption “remains a factor
to be considered” even after the defendant has met her burden of production, “[a]t all times . . .
the government retains the ultimate burden of persuasion by . . . a preponderance of the
evidence” that the defendant poses a flight risk that cannot be addressed by any bail conditions.
English, 629 F.3d at 319 (citation and internal quotation marks omitted); see also United States
v. Deutsch, No. 18-CR-502 (FB), 2020 WL 3577398, at *5 (E.D.N.Y. July 1, 2020). And
regardless of the presence of the presumption or the nature of the charges alleged, “[n]othing in
this section [3142] shall be construed as modifying or limiting the presumption of innocence.”
18 U.S.C. § 3142(j); see also United States v. Crowell, No. 06-CR-291E(F), 2006 WL 3541736,
at *3 (W.D.N.Y. Dec. 7, 2006) (those charged with crimes involving minors “continue to enjoy
the presumption of innocence in setting conditions of release.”).
to be considered” even after the defendant has met her burden of production, “[a]t all times . . .
the government retains the ultimate burden of persuasion by . . . a preponderance of the
evidence” that the defendant poses a flight risk that cannot be addressed by any bail conditions.
English, 629 F.3d at 319 (citation and internal quotation marks omitted); see also United States
v. Deutsch, No. 18-CR-502 (FB), 2020 WL 3577398, at *5 (E.D.N.Y. July 1, 2020). And
regardless of the presence of the presumption or the nature of the charges alleged, “[n]othing in
this section [3142] shall be construed as modifying or limiting the presumption of innocence.”
18 U.S.C. § 3142(j); see also United States v. Crowell, No. 06-CR-291E(F), 2006 WL 3541736,
at *3 (W.D.N.Y. Dec. 7, 2006) (those charged with crimes involving minors “continue to enjoy
the presumption of innocence in setting conditions of release.”).
B. Ms. Maxwell Has Rebutted the Presumption That She Poses a Flight
Risk, and the Government Has Not Carried Its Burden That No
Combination of Conditions Can Be Imposed To Reasonably Assure Her
Presence In Court
Risk, and the Government Has Not Carried Its Burden That No
Combination of Conditions Can Be Imposed To Reasonably Assure Her
Presence In Court
The government has not carried its burden of establishing that no set of conditions
will reasonably assure Ms. Maxwell’s appearance in court. As set forth below, Ms.
Maxwell’s personal history, her family and other ties to this country, and her conduct prior
to her arrest easily rebut the presumption that she presents a risk of flight. For these same
reasons, the government cannot establish that the strict bail conditions she proposes, which
are consistent with a number of cases in this Circuit in which courts have ordered release,
will not “reasonably assure” her presence in court. Accordingly, the Court should order Ms.
Maxwell released pursuant to her proposed conditions.
will reasonably assure Ms. Maxwell’s appearance in court. As set forth below, Ms.
Maxwell’s personal history, her family and other ties to this country, and her conduct prior
to her arrest easily rebut the presumption that she presents a risk of flight. For these same
reasons, the government cannot establish that the strict bail conditions she proposes, which
are consistent with a number of cases in this Circuit in which courts have ordered release,
will not “reasonably assure” her presence in court. Accordingly, the Court should order Ms.
Maxwell released pursuant to her proposed conditions.
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DOJ-OGR-00000971
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