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Case 21-770, Document 57, 04/19/2021, 3080288, Page11 of 30
affidavits at all, let along from anyone with actual knowledge, were
submitted to the court. And the judge has never had an evidentiary
hea
Case 21-770, Document 57, 04/19/2021, 3080288, Page9 of 30
before this Court.
7. Ms. Maxwell is not suggesting that “any defendant in a case
with voluminous discovery must be released on bail to pre
Case 21-770, Document 57, 04/19/2021, 3080288, Page8 of 30
inmate, few of which are preparing for trial. Over 97% of criminal
defendants plead guilty and, therefore, need far less time with their
law
Case 21-770, Document 57, 04/19/2021, 3080288, Page? of 30
erroneously adopted its conclusory proffer.
5. Ms. Maxwell’s intention to evade the media does not even
marginally amount to risk of flight
Case 21-770, Document 57, 04/19/2021, 3080288, Page6 of 30
occurred here. The LaFontaine Court explained that “while the
informality of bail hearings serves the demands of speed, the ... district
jud
Case 21-770, Document 57, 04/19/2021, 3080288, Page4 of 30
The Government makes much of the fact that its Indictment is
“speaking.” But speaking or not, an indictment is not a substitute for
evidence
Case 21-770, Document 57, 04/19/2021, 3080288, Page3 of 30
that the presumption of innocence is more than mere words on a page.
This Reply responds to the arguments the Government does raise:
1. The
Case 21-770, Document 52, 04/15/2021, 3079010, Page2 of 2
David Oscar Markus
Markus/Moss PLLC
40 NW Third Street, PH 1
Miami, FL 33128
[email protected]
I further certify that, on April 15, 202
Case 21-770, Document 52, 04/15/2021, 3079010, Page‘ of 2
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
eee a a = = ».4
UNITED STATES OF AMERICA
Appellee,
-V.-
GHISLAINE MAXWELL,
Defend
Case 21-770, Document 50-2, 04/15/2021, 3078116, Page2 of 2
5. Given that Ms. Maxwell (a) has relieved Cohen & Gresser as counsel on these appeals,
and (b) is currently represented in these appeals b
Case 21-770, Document 47, 04/13/2021, 3077576, Page‘ of 1
21-58 — (L)
21-770 (con)
United States of America v. Maxwell
SEALED SUPPORTING EXHIBIT
DOJ-OGR-00001366
CaSest:20-cr/008BGAGNt B6eumMeént 296 2 Filed/04/06/Prg Page H2af 6
Page 4
she returns to the day room from the scan area. As part of every pat-down search, the defendant
is required to remove her m
Casest:20-cr/00BBGAGAt B6eumMént 296 2 Filed/04/06/Prag Page bar 6
Page 5
legal counsel informed the Government that the defendant’s meals arrive in containers that are
both microwavable and oven sa
CaSest:20-cr/00BBGAGNt B6eumMeént 296 2 Filed/04/06/Pag Page B2af 6
Page 3
in-person attomey visits are now available seven days per week. The MDC has placed HEPA air
filters in its attorney visitin
Casest:20-cr/00BBGAGNNt B6eumMeént 296 2 Filed/04/06/Pag Page 22af 6
Page 2
takes place in a day room that is separate from the defendant’s isolation cell. Accordingly, the
defendant is permitted ou
Casest:20-cr/00BBGAGNt B6ermMént 4/20 2 Filed/O2/aa/Pag Page Raf 2
U.S. DEPARTMENT OF JUSTICE
Federal Bureau of Prisons =
Metropolitan Detention Center
USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
BOC #
Casest:20-cr/00BatAGANt B6cemMént 4/26 2 Filed/OVAS/PagPage af 2
The Honorable Alison J. Nathan
January 14, 2021
Page 2
would not require any change in Ms. Maxwell’s movements to give her the reques
Casest:20-cr/00BBGAGNt B6crmMeént 4/202 Filed/O2/aa/Pag Page B2af 2
We respectfully request that Your Honor vacate the order of January 15, 2021, and allow the
institution to resume the prior schedul
Casest: 20-cr/0088 AU Nnt BOcamMent B20 FilesOvAO¢hR & aBage aa 2
inmates ate breathing and not in distress. Inmates in BOP custody are subject to searches, including
body scanners, and inmates may b
Casest: 20-cr/0088Q1A0Nnt BOcamMednt B20 Files0va0Bh & aBage Raat 2
continues to receive adequate access to her legal materials and her ability to communicate with
defense counsel.
SO ORDERED. AN 0
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page23 of 25
five hours of video-teleconference calls with her counsel every weekday. (Gov’t Ex.
A at 18).
40. Given these accommodations, Maxwell’s
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page22 of 25
Maxwell’s access to counsel, and Maxwell did not renew her request for temporary
release in her third bail motion.’
39. Under these circ
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page21 of 25
38. At the outset, it bears noting that Maxwell only specifically
invoked Section 3142(1) in her first bail motion. (Ex. B at 5-9). Judge
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page20 of 25
concerns about her foreign citizenship or substantial assets (Br. 24-25), but Judge
Nathan thoroughly analyzed these assertions and, afte
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page19 of 25
35. Judge Nathan’s reliance on the Government’s proffers was
entirely proper, particularly on the facts of this case. This is not a case
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page18 of 25
international ties, multiple foreign citizenships, familial and personal connections
abroad, ownership of at least one foreign property o
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page17 of 25
determines such release to be necessary for preparation of the person’s defense or
for another compelling reason.” 18 U.S.C. § 3142(1). T
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page16 of 25
Cir. 2001). Even where a defendant produces sufficient evidence to rebut the
statutory presumption of detention, the presumption does not
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page15 of 25
ARGUMENT
The District Court Properly Denied Maxwell’s Motions for Bail and
Temporary Release
27. Judge Nathan did not clearly err when
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page14 of 25
while her proposed bail package is substantial, it cannot provide such reasonable
assurances.” (/d. at 11).
E. Judge Nathan’s Oversight
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page13 of 25
citizenship; and (2) placement of a portion of her and her spouse’s assets in a new
account to be overseen by a monitor. (Ex. I). After c
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page12 of 25
parties to support Maxwell’s bond did not alter this conclusion because “the amount
of wealth that she would retain were she to flee, in
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page11 of 25
incomplete or erroneous information to the Court or to Pretrial Services bears
significantly” on her assessment of Maxwell’s history and
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page10 of 25
Government’s proffer that “additional evidence, including flight records and other
witnesses’ corroborating testimony, will further suppo
C.
The Second Bail Application
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page9 of 25
16. On December 8, 2020, Maxwell renewed her request for bail,
presenting a revised bail package with ad
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page8 of 25
acknowledged to be extreme and unusual efforts to locate her.” (/d.).4 Judge Nathan
concluded that electronic monitoring and private secur
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page/ of 25
Although the defense argued that Maxwell did not leave the United States after
Epstein’s arrest and was in contact with the Government thr
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page6 of 25
by charges involving minor victims and the potential penalties those charges carry.
(Ud. at 82). Second, Judge Nathan determined that “[t]
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page4 of 25
front of a victim, being present when a minor victim was undressed, and/or being
present for sex acts involving a minor victim and Epstein
Case 21-770, Document 40-1, 04/12/2021, 3075763, Page3 of 25
her bail application (Ex. E, I), which motions Judge Nathan denied in written orders
dated December 28, 2020 and March 22, 2021 (Ex. H, L)
Case 21-770, Document 34, 04/05/2021, 3070625, Page’ of 1
ACKNOWLEDGMENT AND NOTICE OF APPEARANCE
Cel
Short Title: United States of America v. Maxwell Docket No.: 21-770/21-58
Lead Counsel of Reco
Case 21-770, Document 38, 04/12/2021, 3075291, Page3 of 3
3. The Government has communicated with counsel for the Defendant-Appellant,
who does not object to this request.
4. I declare under penalt
Case 21-770, Document 33, 04/05/2021, 3070417, Page‘ of 2
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
DEBRA ANN LIVINGS
Case 21-770, Document 33, 04/05/2021, 3070417, Page2 of 2
____ Incorrect Filing Event
X___ Other: PLEASE RE-FILE UNDER BOTH DOCKET NUMBERS 21-58 — L AND
21-770 (con). THE ACKNOWLEDGMENT FOR MUST ALS
Case 21-770, Document 31, 04/05/2021, 3070287, Page‘ of 2
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
DEBRA ANN LIVINGS
Case 21-770, Document 31, 04/05/2021, 3070287, Page2 of 2
___ Oversized filing (FRAP 27 (motion), FRAP 32 (brief))
______ Missing Amicus Curiae filing or motion (Local Rule 29.1)
___ Untimely filing
Cased :27-€YO204eumién thtcinehd3O0 2 Filed O2106/Atagedgé 06 616
line by line in a way that is not possible through a screen. The fact that the interview room will be
unavailable when the Aspen cour
Case 21-770, Document 22, 04/01/2021, 3068583, Page‘ of 2
United States Court of Appeals for the Second Circuit
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
DEBRA ANN LIVINGS
Case 21-770, Document 22, 04/01/2021, 3068583, Page2 of 2
___ Oversized filing (FRAP 27 (motion), FRAP 32 (brief)
______ Missing Amicus Curiae filing or motion (Local Rule 29.1)
___ Untimely filing
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