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Extraction Summary
2
People
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Organizations
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Locations
1
Events
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Relationships
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Quotes
Document Information
Type:
Court order / legal opinion
File Size:
744 KB
Summary
This document is page 6 of a court order filed on March 22, 2021, in the case of United States v. Ghislaine Maxwell (Case 1:20-cr-00330-AJN). The Court denies the Defendant's third request for release on bail, concluding that she remains a significant flight risk and that no conditions can reasonably assure her appearance. The judge cites the nature of the charges involving a minor victim as a strong factor favoring continued detention.
People (2)
| Name | Role | Context |
|---|---|---|
| The Defendant | Defendant |
Subject of the detention hearing; denied bail due to flight risk. Identified as Ghislaine Maxwell via case number 1:2...
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| The Court | Judge/Judiciary |
The entity issuing the order denying the proposed release conditions.
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Organizations (3)
| Name | Type | Context |
|---|---|---|
| The Government |
Successfully argued that the Defendant presents a flight risk.
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| Congress |
Cited regarding findings that certain offenders pose special risks of flight.
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| DOJ |
Department of Justice, referenced in the Bates stamp.
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Timeline (1 events)
2021-03-22
Filing of Document 469 in Case 1:20-cr-00330-AJN
Court (implied Southern District of New York)
Relationships (1)
The Government argued for detention; the Defendant argued for release conditions.
Key Quotes (4)
"The Court again concludes that the Government has shown by a preponderance of the evidence that the Defendant presents a risk of flight"Source
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Quote #1
"there are no set of conditions... that are sufficient to reasonably assure her appearance."Source
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Quote #2
"Because the nature and circumstances of the offenses charged include crimes involving a minor victim, the first 18 U.S.C. § 3142(g) factor continues to weigh strongly in favor of detention."Source
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Quote #3
"The Defendant argues that the pre-trial motions 'raise serious legal issues that could result in dismissal of charges...'"Source
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Quote #4
Full Extracted Text
Complete text extracted from the document (2,190 characters)
Case 1:20-cr-00330-AJN Document 469 Filed 03/22/21 Page 6 of 12
Court’s view has not changed. The Court again concludes that the Government has shown by a
preponderance of the evidence that the Defendant presents a risk of flight and that there are no
set of conditions, including the Defendant’s third set of proposed conditions, that are sufficient to
reasonably assure her appearance. The presumption in favor of detention, the weight of the
evidence, and the history and characteristics of the Defendant all continue to support that
conclusion. The Defendant’s proposed conditions do not alter the Court’s determination.
preponderance of the evidence that the Defendant presents a risk of flight and that there are no
set of conditions, including the Defendant’s third set of proposed conditions, that are sufficient to
reasonably assure her appearance. The presumption in favor of detention, the weight of the
evidence, and the history and characteristics of the Defendant all continue to support that
conclusion. The Defendant’s proposed conditions do not alter the Court’s determination.
A. The Court’s assessment of the 18 U.S.C. § 3142(g) factors has not changed
To begin with, the presumption in favor of detention continues to apply with equal force.
See Dkt. No. 106 (“Dec. Op.”) at 7–8. And though the Court again concludes that the Defendant
has met her burden of production, the presumption “remains a factor to be considered among
those weighed by the district court.” Mercedes, 254 F.3d at 436 (quoting Martir, 782 F.2d at
1144). The Court is mindful “that Congress has found that these offenders pose special risks of
flight, and that ‘a strong probability arises’ that no form of conditional release will be adequate
to secure their appearance.” Martir, 782 F.2d at 1144 (citation omitted).
See Dkt. No. 106 (“Dec. Op.”) at 7–8. And though the Court again concludes that the Defendant
has met her burden of production, the presumption “remains a factor to be considered among
those weighed by the district court.” Mercedes, 254 F.3d at 436 (quoting Martir, 782 F.2d at
1144). The Court is mindful “that Congress has found that these offenders pose special risks of
flight, and that ‘a strong probability arises’ that no form of conditional release will be adequate
to secure their appearance.” Martir, 782 F.2d at 1144 (citation omitted).
The Court’s analysis of the 18 U.S.C. § 3142(g) factors also remains unchanged.
Because the nature and circumstances of the offenses charged include crimes involving a minor
victim, the first 18 U.S.C. § 3142(g) factor continues to weigh strongly in favor of detention.
And the Court remains of the opinion that the Defendant does not pose a danger to any person or
to the community. The fourth § 3142(g) factor thus weighs against detention.
Because the nature and circumstances of the offenses charged include crimes involving a minor
victim, the first 18 U.S.C. § 3142(g) factor continues to weigh strongly in favor of detention.
And the Court remains of the opinion that the Defendant does not pose a danger to any person or
to the community. The fourth § 3142(g) factor thus weighs against detention.
With respect to the second § 3142(g) factor, none of the Defendant’s new arguments alter
the Court’s conclusion as to the weight of the evidence. The Defendant argues that the pre-trial
motions “raise serious legal issues that could result in dismissal of charges, if not the entire
indictment,” and she contends that “[t]hese motions cast substantial doubt on the alleged strength
the Court’s conclusion as to the weight of the evidence. The Defendant argues that the pre-trial
motions “raise serious legal issues that could result in dismissal of charges, if not the entire
indictment,” and she contends that “[t]hese motions cast substantial doubt on the alleged strength
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DOJ-OGR-00000869
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