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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”’)
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Document Details
| 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 |