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Case 1:20-cr-00330-PAE Document663_ Filed 06/15/22 Page 22 of 77 Unusually Harsh Pre-Sentence Confinement Warrants a Downward Variance The phantom of the Epstein death fiasco hung over Ms. Maxwell’s case and her detention. Throughout this prosecution, Ms. Maxwell’s counsel challenged the conditions of her extraordinary detention as being exceptionally prejudicial and unprecedented, most especially for a 60-year-old female with no prior criminal record, who posed no threat to others, has no suicidal tendencies past or present, and was not charged with crimes of violence. Ms. Maxwell was charged with and convicted of acts allegedly committed 20 to 27 years ago. The treatment meted out to Ms. Maxwell during her 22-month period of isolated detention was unparalleled. From the outset, Ms. Maxwell’s conditions of detention were extraordinarily restrictive and unjustifiable in view of her personal circumstances and were manifestly unreasonable and unnecessary in view of meaningful alternatives available in the MDC. There is no explanation for her extraordinary conditions of confinement other than calculated efforts by the DOJ, BOP, MDC, and prosecutors to prevent another Epstein debacle and to ensure that Ms. Maxwell would fill the chair vacated by Epstein’s demise. This assertion is supported by the swift and cavalier transfer of Ms. Maxwell from 22 months of isolation to general population.'? Ms. Maxwell was subjected to an exceptionally intrusive prison regime which undermined her dignity, health, safety, and psychological well-being. The following discussion regarding the restrictions adds further texture to allegations concerning her confinement: For 22 months, Ms. Maxwell was segregated from general population, locked in an isolation cell measuring 9-by-7 feet. While confined to that cell, she was restricted from moving 'S The transfer was made without any notice to Ms. Maxwell’s counsel or consultation with Ms. Maxwell, who had been prodded by psychologists daily until the day of the move. Notably, within the week leading up to Ms. Maxwell’s transfer, the MDC asked women in general population how they felt about Ms. Maxwell joining their unit. No reciprocal inquiry was afforded Ms. Maxwell when it came to a radical change in her housing circumstances. 21 DOJ-OGR-00010468