DOJ-OGR-00001952.jpg
624 KB
Extraction Summary
3
People
3
Organizations
1
Locations
1
Events
3
Relationships
3
Quotes
Document Information
Type:
Legal document
File Size:
624 KB
Summary
This document is a page from a court transcript dated December 10, 2020, detailing a discussion about a defendant's pretrial detention. The judge questions the prosecutor, Ms. Moe, about legal arguments raised by the defense attorney, Mr. Cohen, concerning the burden of proof for flight risk. Ms. Moe argues that the defendant has the burden to rebut the presumption of detention and has failed to do so, justifying the government's request to keep her detained.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Moe | Attorney (presumably for the government) |
Speaker in the transcript, responding to the court's questions about the defendant's detention.
|
| Mr. Cohen | Attorney (presumably for the defendant) |
Mentioned by the court as having made arguments about the standards and burdens for detention.
|
| The Court | Judge |
Speaker in the transcript, questioning Ms. Moe on legal matters. Referred to as 'your Honor'.
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Pretrial Services | government agency |
Mentioned as having made a recommendation consistent with the government's request to detain the defendant.
|
| SOUTHERN DISTRICT REPORTERS, P.C. | company |
Listed at the bottom of the page as the court reporting service.
|
| the government | government agency |
Referred to as the party urging the court to detain the defendant and arguing its legal position through Ms. Moe.
|
Locations (1)
| Location | Context |
|---|---|
|
Implied by the name of the court reporting company, 'SOUTHERN DISTRICT REPORTERS, P.C.'
|
Relationships (3)
They are opposing counsel in a legal case. The court references Mr. Cohen's arguments, which Ms. Moe is tasked with refuting.
The judge (The Court) is questioning the prosecutor (Ms. Moe) about legal standards during a court proceeding.
Key Quotes (3)
"Briefly, Ms. Moe, just a couple of legal questions."Source
— THE COURT
(The judge beginning to question the prosecutor.)
DOJ-OGR-00001952.jpg
Quote #1
"Mr. Cohen argued that you failed to address directly the standards, the burdens under the statutory provision, and that you have avoided the fact of the government continuing to carry the burden by a preponderance of the evidence with respect to risk of flight..."Source
— THE COURT
(The judge summarizing the defense's legal argument to the prosecutor for her response.)
DOJ-OGR-00001952.jpg
Quote #2
"Your Honor, the government submits that the standard is clear. It is the defendant's burden of production to rebut the presumption that there are no set of conditions that could reasonably assure her continued appearance in this case."Source
— MS. MOE
(The prosecutor's response to the judge, stating the government's position on the burden of proof.)
DOJ-OGR-00001952.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (1,645 characters)
Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 75 of 91
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1 it is clear that defendant has not met her burden to rebut the
2 presumption of detention in this case. The government urges
3 the court to detain this defendant, consistent with the
4 recommendation of Pretrial Services and the request of the
5 victims. It is important, your Honor, that there be a trial in
6 this case, and the government has serious concerns that the
7 defendant will flee if afforded the opportunity.
8 Thank you, your Honor.
9 THE COURT: Briefly, Ms. Moe, just a couple of legal
10 questions.
11 Mr. Cohen argued that you failed to address directly
12 the standards, the burdens under the statutory provision, and
13 that you have avoided the fact of the government continuing to
14 carry the burden by a preponderance of the evidence with
15 respect to risk of flight and whether there are measures that
16 could assure appearance. Do you dispute anything legally
17 suggested by Mr. Cohen in terms of the standard that applies?
18 MS. MOE: Your Honor, the government submits that the
19 standard is clear. It is the defendant's burden of production
20 to rebut the presumption that there are no set of conditions
21 that could reasonably assure her continued appearance in this
22 case. The government has the ultimate burden of persuasion,
23 but it is the defendant's burden of production. She has failed
24 to meet that burden for the reasons we set forth in our
25 briefing and arguments today.
2 presumption of detention in this case. The government urges
3 the court to detain this defendant, consistent with the
4 recommendation of Pretrial Services and the request of the
5 victims. It is important, your Honor, that there be a trial in
6 this case, and the government has serious concerns that the
7 defendant will flee if afforded the opportunity.
8 Thank you, your Honor.
9 THE COURT: Briefly, Ms. Moe, just a couple of legal
10 questions.
11 Mr. Cohen argued that you failed to address directly
12 the standards, the burdens under the statutory provision, and
13 that you have avoided the fact of the government continuing to
14 carry the burden by a preponderance of the evidence with
15 respect to risk of flight and whether there are measures that
16 could assure appearance. Do you dispute anything legally
17 suggested by Mr. Cohen in terms of the standard that applies?
18 MS. MOE: Your Honor, the government submits that the
19 standard is clear. It is the defendant's burden of production
20 to rebut the presumption that there are no set of conditions
21 that could reasonably assure her continued appearance in this
22 case. The government has the ultimate burden of persuasion,
23 but it is the defendant's burden of production. She has failed
24 to meet that burden for the reasons we set forth in our
25 briefing and arguments today.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001952
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