DOJ-OGR-00000928.jpg
628 KB
Extraction Summary
3
People
4
Organizations
2
Locations
3
Events
1
Relationships
2
Quotes
Document Information
Type:
Legal filing / court brief (appellate)
File Size:
628 KB
Summary
This page from a legal filing (dated April 1, 2021) argues for the temporary release of a defendant (likely Ghislaine Maxwell, based on the case number context) by citing legal precedents established during the COVID-19 pandemic. It references *United States v. Clark* and *United States v. Robertson* to establish that courts have granted release under 18 U.S.C. § 3142(i) when incarceration impedes the defendant's ability to prepare their defense. A footnote notes that the 10th Circuit stayed the release order in the *Robertson* case pending appeal.
People (3)
| Name | Role | Context |
|---|---|---|
| Clark | Defendant in cited case law |
United States v. Clark, 448 F. Supp. 3d 1152 (D. Kan. 2020)
|
| Stephens | Defendant in cited case law |
Stephens, 447 F. Supp. 3d
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| Robertson | Defendant in cited case law |
United States v. Robertson; charged with shooting, guns, and drugs allegations but released due to pandemic preparati...
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| United States District Court for the District of Kansas |
Cited as D. Kan.
|
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| United States District Court for the District of New Mexico |
Cited as D.N.M.
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| 10th Circuit Court of Appeals |
Mentioned in footnote as staying the Robertson order.
|
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| Department of Justice |
DOJ-OGR stamp on footer.
|
Locations (2)
| Location | Context |
|---|---|
|
Jurisdiction of cited Clark case
|
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Jurisdiction of cited Robertson case
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Relationships (1)
United States v. Robertson case citation
Key Quotes (2)
"“[m]ost courts addressing a motion for temporary release under §3142(i) have done so in the context of evaluating the necessity of the defendant assisting with preparing his or her defense ... This extends to the current COVID-19 pandemic [because of] the pandemic’s impact on counsel's difficulties communicating with the defendant.”"Source
DOJ-OGR-00000928.jpg
Quote #1
"Mr. Robertson’s release is necessary for the preparation of his trial defense under 18 U.S.C. § 3142(i)."Source
DOJ-OGR-00000928.jpg
Quote #2
Full Extracted Text
Complete text extracted from the document (1,358 characters)
Case 21-770, Document 20-1, 04/01/2021, 3068530, Page18 of 31
In United States v. Clark, 448 F. Supp. 3d 1152, 1155 (D. Kan.
2020), the court emphasized that “[m]ost courts addressing a motion for
temporary release under §3142(i) have done so in the context of
evaluating the necessity of the defendant assisting with preparing his
or her defense ... This extends to the current COVID-19 pandemic
[because of] the pandemic’s impact on counsel's difficulties
communicating with the defendant.” See, e.g., Stephens, 447 F. Supp. 3d
at 65-67 (finding “the obstacles the current public health crisis poses to
the preparation of the Defendant's defense constitute a compelling
reason under 18 U.S.C. § 3142(i)”); United States v. Robertson, 17-Cr-
2949, Doc. 306 (D.N.M. February 6, 2021).7
2020), the court emphasized that “[m]ost courts addressing a motion for
temporary release under §3142(i) have done so in the context of
evaluating the necessity of the defendant assisting with preparing his
or her defense ... This extends to the current COVID-19 pandemic
[because of] the pandemic’s impact on counsel's difficulties
communicating with the defendant.” See, e.g., Stephens, 447 F. Supp. 3d
at 65-67 (finding “the obstacles the current public health crisis poses to
the preparation of the Defendant's defense constitute a compelling
reason under 18 U.S.C. § 3142(i)”); United States v. Robertson, 17-Cr-
2949, Doc. 306 (D.N.M. February 6, 2021).7
The defendant in Robertson was charged with “frightening
allegations” involving a shooting. He had previously violated bond. And
he had a criminal record involving guns and drugs. But the court
ordered him released because of his inability to prepare for trial while
in custody during the pandemic:
allegations” involving a shooting. He had previously violated bond. And
he had a criminal record involving guns and drugs. But the court
ordered him released because of his inability to prepare for trial while
in custody during the pandemic:
Mr. Robertson’s release is necessary for the preparation of his trial
defense under 18 U.S.C. § 3142(i). That section allows a judicial
defense under 18 U.S.C. § 3142(i). That section allows a judicial
_________________
7 The 10th Circuit has stayed the Robertson order while it considers the
government’s appeal.
7 The 10th Circuit has stayed the Robertson order while it considers the
government’s appeal.
16
DOJ-OGR-00000928
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