DOJ-OGR-00020001.pdf

Case 21-58, Document 39-2, 04/01/2021, 3068530, Page142 of 200 concerns raised by the government can be addressed, they have not carried their burden, and this is really a case that should be subject to strict bail conditions to be set by the court, among other things, to give us any reasonable chance of fighting this -- preparing and fighting this case to trial. Thank you, your Honor. THE COURT: All right. Thank you, counsel. I am prepared to make my ruling. Several provisions of federal law govern the court's determination whether to detain the defendant or release her on bail pending trial. A court must apply that law equally to all defendants no matter how high profile the case or well off the defendant. It is therefore important to begin here with a clear articulation of the governing law. It is also important to bear in mind that Ms. Maxwell, like all defendants, is entitled to a full presumption of innocence, that is, she is presumed innocent and the only grounds for detention at this stage are, under the law, risk of flight or danger to the community. I may consider the weight of the evidence proffered by the government at this stage in making this determination, but unless this matter is resolved by a plea, it will remain entirely for a jury to decide the question of Ms. Maxwell's guilt as to the charges contained in the indictment. Turning to the government's standard under Title 18 of SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 DOJ-OGR-00020001