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Extraction Summary
2
People
4
Organizations
2
Locations
3
Events
1
Relationships
1
Quotes
Document Information
Type:
Legal document
File Size:
728 KB
Summary
This legal document argues for the release of Ms. Maxwell from detention, citing the impact of the COVID-19 pandemic on her ability to prepare her defense. The filing references the 'Stephens' case as a precedent, emphasizing that the BOP's suspension of in-person visits prevents Ms. Maxwell from having the necessary meetings with her counsel for a case involving events from twenty-five years ago.
People (2)
| Name | Role | Context |
|---|---|---|
| Ms. Maxwell | Defendant |
The subject of the legal filing, whose release is being argued for based on her inability to prepare her defense due ...
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| Stephens | Defendant in a cited case |
Mentioned in reference to the 'Stephens case' and 'Stephens opinion', which is used as a legal precedent for the rele...
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Organizations (4)
| Name | Type | Context |
|---|---|---|
| BOP | Government agency |
The Bureau of Prisons, which is cited as having suspended all in-person visits due to COVID-19.
|
| Metropolitan Detention Center | Correctional facility |
Mentioned in a footnote as the subject of a BOP report. Abbreviated as MDC.
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| Metropolitan Correctional Center | Correctional facility |
Mentioned in a footnote as the subject of a BOP report. Abbreviated as MCC.
|
| Court | Judicial body |
Referenced as the body that made the ruling in the Stephens case.
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Timeline (3 events)
Locations (2)
| Location | Context |
|---|---|
|
Cited in a footnote as the location of a BOP report.
|
|
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Cited in a footnote as the location of a BOP report.
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Relationships (1)
The document states that Ms. Maxwell's 'ability to meet with her attorneys and prepare for her defense will be significantly impaired' and that 'numerous in-person meetings between counsel and Ms. Maxwell will be critical to the preparation of the defense.'
Key Quotes (1)
"necessary for preparation of the person’s defense."Source
— 18 U.S.C. § 3142(i)
(A quote from a federal statute providing the legal basis for temporary release, as cited in the Stephens case.)
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Quote #1
Full Extracted Text
Complete text extracted from the document (2,133 characters)
Case 1:20-cr-00330-AJN Document 18 Filed 07/10/20 Page 11 of 26
five staff had tested positive; by June 30, 2020, those numbers had risen to 14 and 41,
respectively.⁴ The increased spread among prisons means that the COVID-19 risks that were
present in the Stephens case four months ago are far more serious for Ms. Maxwell now and
mandate her release.
respectively.⁴ The increased spread among prisons means that the COVID-19 risks that were
present in the Stephens case four months ago are far more serious for Ms. Maxwell now and
mandate her release.
Impact of COVID-19 on the Ability to Prepare the Defense. The Stephens opinion
provides yet another independent basis that, we submit, requires Ms. Maxwell’s release: if she is
detained, her ability to meet with her attorneys and prepare for her defense will be significantly
impaired and she will not be able to meaningfully participate in the preparation of her defense.
provides yet another independent basis that, we submit, requires Ms. Maxwell’s release: if she is
detained, her ability to meet with her attorneys and prepare for her defense will be significantly
impaired and she will not be able to meaningfully participate in the preparation of her defense.
In Stephens, the Court found that this factor required the defendant’s release under 18
U.S.C. § 3142(i), which provides for temporary release based on a determination that such
release is “necessary for preparation of the person’s defense.” Stephens, 2020 WL 1295155 at
*3. The Court noted that the spread of COVID-19 had compelled the BOP to suspend all in-
person visits, including legal visits, except as allowed on a case-by-case basis. Id. at *3. That
suspension persists to this day.⁵ In a case such as this, which will require assessing evidence
relating to events that occurred approximately twenty-five years ago, including documents and
personal recollections, numerous in-person meetings between counsel and Ms. Maxwell will be
critical to the preparation of the defense. The recent resurgence of the pandemic calls into
question whether these meetings will ever be able to happen in advance of her trial. As in
U.S.C. § 3142(i), which provides for temporary release based on a determination that such
release is “necessary for preparation of the person’s defense.” Stephens, 2020 WL 1295155 at
*3. The Court noted that the spread of COVID-19 had compelled the BOP to suspend all in-
person visits, including legal visits, except as allowed on a case-by-case basis. Id. at *3. That
suspension persists to this day.⁵ In a case such as this, which will require assessing evidence
relating to events that occurred approximately twenty-five years ago, including documents and
personal recollections, numerous in-person meetings between counsel and Ms. Maxwell will be
critical to the preparation of the defense. The recent resurgence of the pandemic calls into
question whether these meetings will ever be able to happen in advance of her trial. As in
⁴ See April 3, 2020 Report from the BOP regarding the Metropolitan Detention Center and Metropolitan
Correctional Center (“MDC and MCC Report”), available at
https://img.nyed.uscourts.gov/files/reports/bop/20200403_BOP_Report.pdf; and June 30, 2020 MDC and MCC
Report, available at https://www.nyed.uscourts.gov/pub/bop/MDC_MCC_20200630_071147.pdf.
⁵ See BOP COVID-19 Modified Operations Plan, available at https://www.bop.gov/coronavirus/covid19_status.jsp.
Correctional Center (“MDC and MCC Report”), available at
https://img.nyed.uscourts.gov/files/reports/bop/20200403_BOP_Report.pdf; and June 30, 2020 MDC and MCC
Report, available at https://www.nyed.uscourts.gov/pub/bop/MDC_MCC_20200630_071147.pdf.
⁵ See BOP COVID-19 Modified Operations Plan, available at https://www.bop.gov/coronavirus/covid19_status.jsp.
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DOJ-OGR-00001591
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