EFTA00029354.pdf

131 KB

Extraction Summary

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

Document Information

Type: Court order
File Size: 131 KB
Summary

This document is a Court Order from Judge Alison J. Nathan dated May 14, 2021, denying Ghislaine Maxwell's request to modify the frequency of flashlight safety checks during the night at the Metropolitan Detention Center. The defense argued the checks occurred every 15 minutes and disrupted sleep, while the Government maintained the checks were necessary for safety due to Maxwell being housed alone and the high-profile nature of the case. The Court ruled the request unsubstantiated but urged the MDC to consider ways to reduce sleep disruption for pre-trial detainees.

People (5)

Name Role Context
Alison J. Nathan District Judge
Judge issuing the order regarding Maxwell's sleeping conditions.
Ghislaine Maxwell Defendant
Inmate at MDC requesting changes to flashlight check procedures.
Counsel for Ghislaine Maxwell Defense Attorney
Wrote letters to the court on April 29 and May 7 regarding sleeping conditions.
Warden Official
Recipient of the court order at the MDC.
General Counsel Legal Counsel
Recipient of the court order for the MDC.

Organizations (4)

Name Type Context
United States District Court Southern District of New York
Court issuing the order.
Bureau of Prisons
Federal agency responsible for Maxwell's custody (referred to as BOP).
Metropolitan Detention Center
Detention facility where Maxwell is housed (referred to as MDC).
United States of America
Plaintiff/Government in the case.

Timeline (2 events)

2021-05-14
Judge Nathan issues Order denying Maxwell's request to override BOP security protocols but urging MDC to consider reducing sleep disruption.
New York, New York
Ongoing
Flashlight checks of Ghislaine Maxwell
Metropolitan Detention Center
Ghislaine Maxwell MDC Guards

Locations (3)

Location Context
Location of the court.
Unit within the detention center where inmates are housed.
Prison facility (implied location of custody).

Relationships (2)

Ghislaine Maxwell Defendant/Judge Alison J. Nathan
Case caption and order content.
Ghislaine Maxwell Inmate/Custodian Bureau of Prisons
Maxwell is housed in MDC under BOP jurisdiction.

Key Quotes (4)

"guards are shining a flashlight in Maxwell’s eyes every 15 minutes at night."
Source
EFTA00029354.pdf
Quote #1
"request is denied as factually unsubstantiated and legally unsupported."
Source
EFTA00029354.pdf
Quote #2
"BOP’s flashlight checks of Maxwell are relatively more frequent than those of other inmates, including that Maxwell is housed alone, the nature of the charges, and the potential stress for inmates that can arise in high-profile cases."
Source
EFTA00029354.pdf
Quote #3
"The Court also admonishes the MDC and the Government to continue to ensure that Maxwell is subjected to only those security protocols that BOP determines are necessary for her safety and security"
Source
EFTA00029354.pdf
Quote #4

Full Extracted Text

Complete text extracted from the document (3,434 characters)

Case 1:20-cr-00330-AJN Document 282 Filed 05/14/21 Page 1 of 2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
United States of America,
—v—
Ghislaine Maxwell,
Defendant.
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 5/14/21
20-CR-330 (AJN)
ORDER
ALISON J. NATHAN, District Judge:
On April 29, 2021, counsel for Ghislaine Maxwell wrote to the Court requesting that the
Court address her sleeping conditions, with particular emphasis on counsel’s representation,
unsupported by affidavit or other factual showing, that guards are shining a flashlight in
Maxwell’s eyes every 15 minutes at night. Dkt. No. 256. Defense counsel claims that the
flashlight surveillance in Maxwell’s eyes is disrupting her sleep, which in turn is impacting her
ability to prepare for and withstand trial. The Court sought more information by ordering the
Government to confer with legal counsel for the Bureau of Prisons and to respond to certain
questions. Dkt. No. 257. In response, the Government states that MDC staff conduct flashlight
checks of all inmates as a matter of course. Dkt. No. 270. As reported by the Government,
inmates housed with cell mates in the Special Housing Unit are checked with flashlights every
30 minutes. Inmates housed with others in the general population are checked multiple times per
night at regular intervals. The Government further reports that to conduct the checks, flashlights
are pointed at the ceiling of the cell to confirm that the inmate is present, breathing, and not in
distress. As the Government explains, there are a number of neutral reasons why BOP’s
flashlight checks of Maxwell are relatively more frequent than those of other inmates, including
that Maxwell is housed alone, the nature of the charges, and the potential stress for inmates that
EFTA00029354
Case 1:20-cr-00330-AJN Document 282 Filed 05/14/21 Page 2 of 2
can arise in high-profile cases. The MDC has determined that these factors necessitate more
frequent safety and security checks. The Government also indicates that the prohibition on eye
masks is a generally applicable policy, but that Maxwell, like other inmates, may use other non-
contraband items to cover her eyes.
To the extent that Maxwell’s April 29, 2021 letter asks the Court to override BOP’s
determination as to the frequency of appropriate safety and security check procedures, that
request is denied as factually unsubstantiated and legally unsupported. Certainly nothing in the
record plausibly establishes that current protocols interfere with Maxwell’s ability to prepare for
her trial and communicate with her lawyers. Defense counsel’s May 7, 2021 letter, Dkt. No.
272, describes generalized grievances but makes no additional specific and supported application
for relief. Nevertheless, the Court urges the MDC to consider whether sleep disruption for pre-
trial detainees can be reduced. The Court also admonishes the MDC and the Government to
continue to ensure that Maxwell is subjected to only those security protocols that BOP
determines are necessary for her safety and security, based upon neutral and applicable factors,
and consistent with the treatment of similarly situated pre-trial detainees.
The Government shall provide a copy of this Order to the Warden and General Counsel
for the MDC.
SO ORDERED.
Dated: May 14, 2021
New York, New York
ALISON J. NATHAN
United States District Judge
2
EFTA00029355

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