DeMichele
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Event Timeline
| Date | Event Type | Description | Location | Actions |
|---|---|---|---|---|
| 1999-01-01 | Legal case | DeMichele v. Greenburgh Centr. Sch. Dist. No. 7, 167 F.3d 784, 790-91 (2d Cir. 1999) | 2d Cir. | View |
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This legal document is a court opinion addressing a motion by the defendant, Maxwell, to dismiss an indictment based on pre-indictment delay. Maxwell argues the delay prejudiced her defense because potential witnesses, including Jeffrey Epstein and his mother, have died. The court rejects this argument, finding no evidence of improper government purpose for the delay and concluding that Maxwell's claims about what deceased witnesses might have testified are too speculative to meet the high standard required for dismissal.
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This legal document outlines the Second Circuit's stringent standard for pre-indictment delay, which requires a defendant to prove both improper government purpose and serious, actual prejudice to their defense. It cites numerous legal precedents to emphasize the heavy burden on the defendant and to define substantial prejudice, noting that the mere loss of evidence or witnesses is typically insufficient. The document establishes that claims of pre-indictment delay are rarely successful.
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