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622 KB
Extraction Summary
4
People
3
Organizations
0
Locations
1
Events
2
Relationships
4
Quotes
Document Information
Type:
Court transcript
File Size:
622 KB
Summary
This document is a page from a court transcript dated April 1, 2021, from Case 21-770 (United States v. Ghislaine Maxwell). Prosecutor Ms. Moe argues that the defendant poses a flight risk and has failed to meet the burden of production to rebut the presumption of detention, citing recommendations from Pretrial Services and victims' requests. The Judge questions Ms. Moe regarding defense attorney Mr. Cohen's arguments about the government's burden of proof regarding flight risk.
People (4)
| Name | Role | Context |
|---|---|---|
| Ms. Moe | Prosecutor/Government Attorney |
Arguing on behalf of the government for the continued detention of the defendant.
|
| The Court | Judge |
Presiding over the hearing, questioning the prosecutor about legal standards and burdens of proof.
|
| Mr. Cohen | Defense Attorney |
Referenced by the Court as having argued that the government failed to address statutory standards regarding flight r...
|
| Defendant | Defendant |
Subject of the detention hearing (Ghislaine Maxwell, implied by case number 21-770 and filename code 'MaxC').
|
Organizations (3)
| Name | Type | Context |
|---|---|---|
| Pretrial Services |
Recommended that the defendant be detained.
|
|
| Southern District Reporters, P.C. |
Court reporting service responsible for the transcript.
|
|
| The Government |
Prosecution team arguing for detention.
|
Relationships (2)
The Court references Mr. Cohen's arguments to challenge Ms. Moe's position.
Pretrial Services recommended the detention of the defendant.
Key Quotes (4)
"defendant has not met her burden to rebut the presumption of detention in this case."Source
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Quote #1
"the government has serious concerns that the defendant will flee if afforded the opportunity."Source
DOJ-OGR-00001079.jpg
Quote #2
"It is important, your Honor, that there be a trial in this case"Source
DOJ-OGR-00001079.jpg
Quote #3
"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
DOJ-OGR-00001079.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,714 characters)
Case 21-770, Document 20-2, 04/01/2021, 3068530, Page138 of 200 75
k7e2MaxC kjc
k7e2MaxC kjc
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-00001079
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