DOJ-OGR-00001049.jpg
649 KB
Extraction Summary
4
People
4
Organizations
1
Locations
2
Events
1
Relationships
4
Quotes
Document Information
Type:
Court transcript / legal filing (appendix)
File Size:
649 KB
Summary
This document is a page from a court transcript (Page 45, filed on 04/01/2021) regarding a bail hearing. Defense counsel is arguing for the release of their client (implied to be Ghislaine Maxwell based on the case ID context), asserting that while the Crime Victims' Rights Act (CVRA) gives victims a voice, it does not give them a 'veto' over a defendant's right to release. The counsel cites Judge Orenstein's opinion in *United States v. Turner* (2005) to support the argument that victim objections regarding flight risk should not automatically deny bail.
People (4)
| Name | Role | Context |
|---|---|---|
| Judge Orenstein | Judge |
Author of the opinion in United States v. Turner (Eastern District), cited by the defense.
|
| Unidentified Defense Counsel | Attorney |
Speaker arguing for the release of their client.
|
| Unidentified Defendant ('our client') | Defendant |
Subject of the bail/release hearing (implied to be Ghislaine Maxwell given the file code 'Max' and case context).
|
| Unidentified Judge ('your Honor') | Judge |
Presiding over the current hearing.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| Southern District Reporters, P.C. |
Court reporting service listed in the footer.
|
|
| United States District Court (Eastern District) |
Court where cited cases (Turner, Rubin) originated.
|
|
| Senate |
U.S. legislative body mentioned regarding legislative history.
|
|
| DOJ |
Department of Justice (referenced in Bates stamp DOJ-OGR-00001049).
|
Timeline (2 events)
04/01/2021
Filing date of the document containing this transcript.
Court of Appeals (Case 21-770)
April 2005
Date of the United States v. Turner opinion cited in the argument.
Eastern District Court
Locations (1)
| Location | Context |
|---|---|
|
New York federal court district referenced for legal precedent.
|
Relationships (1)
Defense Counsel
→
Legal Representation
→
Defendant ('our client')
Counsel refers to 'our client' while arguing for her release.
Key Quotes (4)
"The statute gives alleged victims the right to speak through counsel, through the government, or directly, and be heard"Source
DOJ-OGR-00001049.jpg
Quote #1
"The question today before the court, we submit, is whether or not our client could be released or should be released on a condition or combination of conditions to assure her appearance."Source
DOJ-OGR-00001049.jpg
Quote #2
"In considering how to ensure that the rights are afforded, I am cognizant that the new law gives crime victims a voice but not a veto."Source
DOJ-OGR-00001049.jpg
Quote #3
"a court's obligation to protect the victim's rights and to carefully consider any objections that victim may have never requires it to deny a defendant release on conditions that will adequately secure the defendant's appearance"Source
DOJ-OGR-00001049.jpg
Quote #4
Full Extracted Text
Complete text extracted from the document (1,763 characters)
Case 21-770, Document 20-2, 04/01/2021, 3068530, Page108 of 200 45
k7e2MaxC kjc
k7e2MaxC kjc
1 377(1), and we understand that the court is following the
2 statute. The statute gives alleged victims the right to speak
3 through counsel, through the government, or directly, and be
4 heard, and we understand that, your Honor.
5 The question today before the court, we submit, is
6 whether or not our client could be released or should be
7 released on a condition or combination of conditions to assure
8 her appearance. And as to that question, the presentations
9 today do not speak, they do not speak to risk of flight, and
10 the courts have -- in this circuit have thought about and
11 researched what weight should be given to that. There is an
12 opinion by Judge Orenstein in the Eastern District, United
13 States v. Turner, from April 2005, not cited by the government,
14 in which the court, after carefully surveying the legislative
15 history and background of the CVRA and its interplay with the
16 bail reform statute, concluded, "In considering how to ensure
17 that the rights are afforded, I am cognizant that the new law
18 gives crime victims a voice but not a veto. Of particular
19 relevance to this case, a court's obligation to protect the
20 victim's rights and to carefully consider any objections that
21 victim may have never requires it to deny a defendant release
22 on conditions that will adequately secure the defendant's
23 appearance," going on to cite the Senate legislative history
24 that's being cited with approval of United States v. Rubin,
25 also an Eastern District case.
2 statute. The statute gives alleged victims the right to speak
3 through counsel, through the government, or directly, and be
4 heard, and we understand that, your Honor.
5 The question today before the court, we submit, is
6 whether or not our client could be released or should be
7 released on a condition or combination of conditions to assure
8 her appearance. And as to that question, the presentations
9 today do not speak, they do not speak to risk of flight, and
10 the courts have -- in this circuit have thought about and
11 researched what weight should be given to that. There is an
12 opinion by Judge Orenstein in the Eastern District, United
13 States v. Turner, from April 2005, not cited by the government,
14 in which the court, after carefully surveying the legislative
15 history and background of the CVRA and its interplay with the
16 bail reform statute, concluded, "In considering how to ensure
17 that the rights are afforded, I am cognizant that the new law
18 gives crime victims a voice but not a veto. Of particular
19 relevance to this case, a court's obligation to protect the
20 victim's rights and to carefully consider any objections that
21 victim may have never requires it to deny a defendant release
22 on conditions that will adequately secure the defendant's
23 appearance," going on to cite the Senate legislative history
24 that's being cited with approval of United States v. Rubin,
25 also an Eastern District case.
SOUTHERN DISTRICT REPORTERS, P.C.
(212) 805-0300
(212) 805-0300
DOJ-OGR-00001049
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