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Case 1:20-cr-00330-PAE Document 663 Filed 06/15/22 Page 29 of 77 Although legally presumed innocent, she was humiliated and treated in a way that even established guilt cannot justify. The high-profile nature of the case and the defendant has not diminished because the trial is over. Yet almost four months after the verdict, she was transferred to general population because, according to MDC Legal : MDC Brooklyn is entitled to assess Maxwell's security needs and change them as the facts dictate. Here, Maxwell has been found guilty and will be sentenced sometime this year. As such, the institution does not have the same security concerns it had when she was a pretrial inmate. The institution is aware Maxwell will be housed with other inmates and has instituted procedures to ensure she, like other high-profile inmates, remains safe. Email from Sophia Papapetru, Supervisory Staff Attorney (Apr. 19, 2022) (emphasis added). Pre-Sentence Detention Was Equivalent to “Supermax” Confinement The contrast between the atypical conditions of Ms. Maxwell’s detention and conventional confinement is so pronounced that it is disingenuous to describe both forms of confinement under the same terminology: “pretrial detention.” Ms. Maxwell’s detention equated to supermax confinement and punishment. The term “supermax confinement,” (whether pretrial or post-conviction) commonly refers to long-term placement in a SHU and generally includes the following conditions: cells approximately 8 by 10 feet; confinement to cells for between 22.5 and 24 hours per day; constant monitoring of inmates; no congregation between inmates; very limited access to activities or programs; and very limited access to visitors, including occurring though thick glass barriers or via video.'? Although Ms. Maxwell’s isolation was divided between a small isolation cell and a larger isolated area, she was subjected to all other conditions associated with supermax '’ Ass'n of State Corr. Adm'rs and the Liman Ctr. for Pub. Interest Law at Yale Law Sch., Reforming Restrictive Housing: The 2018 ASCA-Liman Nationwide Survey of Time-In-Cell, 9 (2018) (“Time-In-Cell”’) 28 DOJ-OGR-00010475

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Filename DOJ-OGR-00010475.jpg
File Size 742.0 KB
OCR Confidence 94.2%
Has Readable Text Yes
Text Length 2,177 characters
Indexed 2026-02-03 17:59:16.949115