LAW OFFICES OF BOBBI C. STERNHEIM¶
212-243-1100 • Main¶
917-306-6666 • Cell¶
888-587-4737 • Fax¶
33 West 19th Street - 4th Floor¶
New York, New York 10011¶
December 7, 2020¶
BY ECF¶
Honorable Alison J. Nathan¶
United States District Judge¶
United States Courthouse¶
40 Foley Square¶
New York, NY 10007¶
Re: United States v. Ghislaine Maxwell¶
20 Cr. 330 (AJN)¶
Dear Judge Nathan:¶
As counsel for Ghislaine Maxwell, we write in response to the letter from MDC staff attorneys. (See Dkt. 88.) The letter fails to address a number of concerns raised in our October 29th letter to Warden and raised with the Court. The MDC’s letter also contains inaccuracies and omissions and raises more questions than it attempts to answer. Rather than paraphrase our letter, we are providing it for the Court’s consideration. (See Exhibit A.) We renew our request that Warden respond directly to the Court and counsel and explain why Ms. Maxwell must be detained under such harsh and restrictive conditions.¶
Using the term “[i]n her current assignment,” the letter attempts to present a picture of compliance with total disregard of the deficiencies of Ms. Maxwell’s treatment up to this point. While her meals may currently be in accordance with BOP policy, until September they were not. While her weight may currently be fairly consistent, she had lost over 15 pounds, and she is sustaining hair loss. It took approximately six weeks following arrival to the MDC for Ms. Maxwell to be permitted personal calls on par with other inmates; previously she was given two calls per month unless authorized by the warden. While generally permitted to be out of her isolation cell and confined to the day room from 7:00 am to 8:00 pm with one hour of recreation time, general population inmates are permitted to be out of their cells until 9:30 pm and given more extensive recreation time. While flashlight checks may be performed during regular rounds, Ms. Maxwell is subject to such checks every 15 minutes. Further, because Ms. Maxwell is kept in isolation, she in not permitted to participate in activities accorded inmates in general population, such as programming (educational, leisure and wellness), movies, religious services, job assignment.¶
Touting that Ms. Maxwell is not in contact with “a number of inmates who have tested positive for COVID-19,” the MDC’s letter totally ignores that she was in contact with a member of her revolving security team who tested positive, necessitating that Ms. Maxwell be quarantined for 14 days. This further diminished her ability to prepare her defense and resulted in cancelled legal visits. While the letter accurately states that one video teleconference (VTC) was¶
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scheduled for August 17th, it fails to report that the VTC was unsuccessful because the audio connection failed; and, despite constant ongoing requests, no subsequent VTCs have been scheduled.¶
The letter ignores the fact that there is an outbreak of COVID in the MDC, with some 80 inmates testing positive, far in excess of the number of positive cases reported from March to December. See https://www.bop.gov/coronavirus/BOP (reported 12/7/20). While Ms. Maxwell is isolated from general population inmates, the crew of security guards who monitor her 24/7 are not subject to mandatory testing, with some guards assigned to her detail rotating in from BOP facilities where inmates and staff have tested positive. And while Ms. Maxwell may not be exposed to other inmates, she is exposed to individuals while escorted to a common area for body scanning, further risking her exposure to COVID.¶
While reciting BOP policy, the letter fails to address:¶
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why as an isolated inmate, Ms. Maxwell is subject to repeated searching;
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why Ms. Maxwell is under 24/7 surveillance by a cadre of officers who are required to report her status every 15 minutes;
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why Ms. Maxwell is constantly surveilled by a hand-held camera, even during attorney-client conferences;
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why all of Ms. Maxwell’s legal emails were erased from the CorrLinks system;
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why immediately after receiving two nasal swab COVID tests, Ms. Maxwell was required to remove her mask for an in-mouth inspection, heightening her exposure to COVID as she was placed in quarantine;
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why Ms. Maxwell’s legal papers are repeatedly inspected.
Warden has failed to respond to our assertion that the MDC has imposed extraordinarily onerous conditions of constraint on Ms. Maxwell to avoid the catastrophic consequences of negligence occurring at the MCC that resulted in the death of Jeffrey Epstein. The Attorney General of the United States has said as much. Beyond the decision to not place Ms. Maxwell in general population, to which we have no objection, the letter virtually concedes that other restrictions imposed on Ms. Maxwell are not in response to any concern specific to her and tacitly suggests the heightened restrictions are in response to the high-profile nature of the case and the acknowledged failure by the BOP to keep Epstein – an actual threat to himself – alive. As ABC News reported:¶
Attorney General William Barr told ABC News on Wednesday that he is keeping a close watch to make sure that Maxwell makes it to trial after Epstein died by suicide in a Manhattan jail while awaiting trial last year. Barr said he was “livid” Epstein died while in custody last August. The investigation into Epstein has continued even after his death. I believe very strongly in that case,” Barr told ABC News on Wednesday… . “And as¶
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you will recall, after he committed suicide, I said that I was confident that we would continue to pursue this case vigorously and pursue anyone who’s complicit in it. And so I’m very happy that we were able to get Ms. Maxwell.”¶
A source said the BOP is taking extra preventative measures to regain the public’s trust and confidence as well as preserving the integrity of the Justice Department. $ ^{1} $¶
It is obvious that Ms. Maxwell is bearing the brunt of BOP incompetence. Being “livid” over the death of Epstein, the Department of Justice is seeking to repair the BOP’s tarnished reputation by placing Ms. Maxwell under extraordinarily harsh conditions, not in any response to Ms. Maxwell’s requirements, but rather in response to the failed handling of a completely different inmate.¶
Ms. Maxwell has been an exemplary detainee. The psychological and physiological impact of solitary isolation is well documented. Ms. Maxwell has not, by her conduct or by virtue of the charges, brought this type of overly restrictive confinement upon herself. The conditions under which she is detained are punitive, unwarranted, deleteriously impacting her ability to prepare her defense, and interfering with counsel’s ability to provide the legal representation to which she, and any other detainee, deserves.¶
The MDC’s letter is insufficient. The warden of the institution bears responsibility for the conditions under which Ms. Maxwell is confined. Warden should be directed to respond to the numerous concerns that have been brought to his attention.¶
Very truly yours,¶
Bobbi C. Sternheim¶
Enc.¶
BOBBI C. STERNHEIM¶
cc: All Counsel¶
Ms.¶
Mr.¶
$$\textsuperscript{1} \underline{\textit{https://abcnews.go.com/US/ghislaine-maxwell-paper-clothes-correctional-center-avoid-suicide/story?id=71699000}} (\textbf{emphasis added}).$$¶
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EXHIBIT A¶