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Case 1:20-cr-00330-AJN Document 93 Filed 12/10/20 Page 45 of 91 45 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. a 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, 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 | STR CT REPORTERS, (212) 805-0300 P a Gs DOJ-OGR-00001922