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747 KB
Extraction Summary
3
People
5
Organizations
1
Locations
1
Events
2
Relationships
4
Quotes
Document Information
Type:
Court filing (legal memorandum/motion for bail)
File Size:
747 KB
Summary
This page is from a legal memorandum filed on July 10, 2020, arguing for the pretrial release of Ghislaine Maxwell. The defense contends that the government has failed to prove she is a flight risk or that no conditions exist to assure her appearance, citing the Bail Reform Act and Supreme Court precedent (Salerno) establishing liberty as the norm and detention as an exception. A footnote references a separate letter regarding poor prison conditions, including lack of visitation and legal access, which the defense argues are 'compelling reasons' for release.
People (3)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
Subject of the bail motion; arguing for release pending trial.
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| Sean Hecker | Attorney |
Mentioned in footnote 8 as author of a letter regarding prison conditions.
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| Hon. Margo K. Brodie | Judge |
Recipient of the letter mentioned in footnote 8.
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Organizations (5)
| Name | Type | Context |
|---|---|---|
| Supreme Court |
Cited for legal precedent regarding liberty and detention.
|
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| Second Circuit Court of Appeals |
Cited as '2d Cir.' in case law references.
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| Federal Defenders of New York, Inc. |
Party in the case cited in footnote 8.
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| Federal Bureau of Prisons |
Party in the case cited in footnote 8.
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| The Government |
Opposing party in the motion.
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Timeline (1 events)
Locations (1)
| Location | Context |
|---|---|
|
Eastern District of New York, mentioned in footnote 8 case citation.
|
Relationships (2)
Defense arguing the government failed to meet its burden for detention.
Hecker sent a letter to Judge Brodie cited in footnote 8.
Key Quotes (4)
"The Government Has Not Carried Its Burden Under 18 U.S.C. § 3142."Source
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Quote #1
"Ms. Maxwell must be released because she has met her limited burden of production showing that she does not pose a flight risk"Source
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"[i]n our society liberty is the norm, and detention prior to trial or without trial is the carefully limited exception."Source
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Quote #3
"it is only a limited group of offenders who should be denied bail pending trial."Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,285 characters)
Case 1:20-cr-00330-AJN Document 18 Filed 07/10/20 Page 13 of 26
documents and other evidence from approximately twenty-five years ago and meaningfully assist
in the preparation of her defense. These restrictions are additional “compelling reasons”
justifying her release. See id.8
in the preparation of her defense. These restrictions are additional “compelling reasons”
justifying her release. See id.8
II. The Government Has Not Carried Its Burden Under 18 U.S.C. § 3142.
The grave concerns raised by the current COVID-19 crisis notwithstanding, Ms. Maxwell
must be released because she has met her limited burden of production showing that she does not
pose a flight risk, and the government has entirely failed to demonstrate that no release condition
or combination of conditions exist that will reasonably assure Ms. Maxwell’s presence in court.
must be released because she has met her limited burden of production showing that she does not
pose a flight risk, and the government has entirely failed to demonstrate that no release condition
or combination of conditions exist that will reasonably assure Ms. Maxwell’s presence in court.
A. Applicable Law
As the Supreme Court has recognized, “[i]n our society liberty is the norm, and detention
prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481
U.S. 739, 755 (1987). Pretrial detention is appropriate only where “no condition or combination
of conditions will reasonably assure the appearance of the [defendant].” United States v.
Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007) (quoting 18 U.S.C. § 3142(e)). The Bail Reform Act
provides that a court “shall order the pretrial release” of the defendant (18 U.S.C. § 3142(b))
(emphasis added), but may impose bail conditions if “such release will not reasonably assure the
appearance” of the defendant in court. 18 U.S.C. § 3142(c). Where conditions are necessary,
such release shall be “subject to the least restrictive . . . set of conditions that [the court]
determines will reasonably assure the appearance of the person as required.” 18 U.S.C. §
3142(c)(1)(B) (emphasis added). Consequently, “[u]nder this statutory scheme, ‘it is only a
limited group of offenders who should be denied bail pending trial.’” Sabhnani, 493 F.3d at 75
(citation and internal quotation marks omitted).
prior to trial or without trial is the carefully limited exception.” United States v. Salerno, 481
U.S. 739, 755 (1987). Pretrial detention is appropriate only where “no condition or combination
of conditions will reasonably assure the appearance of the [defendant].” United States v.
Sabhnani, 493 F.3d 63, 75 (2d Cir. 2007) (quoting 18 U.S.C. § 3142(e)). The Bail Reform Act
provides that a court “shall order the pretrial release” of the defendant (18 U.S.C. § 3142(b))
(emphasis added), but may impose bail conditions if “such release will not reasonably assure the
appearance” of the defendant in court. 18 U.S.C. § 3142(c). Where conditions are necessary,
such release shall be “subject to the least restrictive . . . set of conditions that [the court]
determines will reasonably assure the appearance of the person as required.” 18 U.S.C. §
3142(c)(1)(B) (emphasis added). Consequently, “[u]nder this statutory scheme, ‘it is only a
limited group of offenders who should be denied bail pending trial.’” Sabhnani, 493 F.3d at 75
(citation and internal quotation marks omitted).
8 See also Letter of Sean Hecker to Hon. Margo K. Brodie (July 8, 2020), Federal Defenders of New York, Inc. v.
Federal Bureau of Prisons, et al., No. 19 Civ. 660 (E.D.N.Y.) (Doc. No. 78) (detailing absence of in-person
visitation, highly limited VTC and telephone call capacity, and issues pertaining to legal mail and legal documents).
Federal Bureau of Prisons, et al., No. 19 Civ. 660 (E.D.N.Y.) (Doc. No. 78) (detailing absence of in-person
visitation, highly limited VTC and telephone call capacity, and issues pertaining to legal mail and legal documents).
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