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Extracted Text (OCR)
Case 21-58, Document 76, 04/19/2021, 3080288, Page6 of 30
occurred here. The LaFontaine Court explained that “while the
informality of bail hearings serves the demands of speed, the ... district
judge must also ensure the reliability of the evidence, ‘by selectively
insisting upon the production of the underlying evidence of evidentiary
sources where their accuracy is in question.” Id. at 131 (quoting Martir,
782 F.2d at 1147). And in Martir, this Court recognized the “high stakes”
involved in a detention hearing and explained that the power afforded to
the lower courts “should always be exercised ‘with the recognition that a
pretrial detention hearing may restrict for a significant time the liberty
of a presumably innocent person.” 782 F.2d at 1145 Gnternal citations
omitted). It then criticized the government’s proffer as stating in “the
most general and conclusory terms what it hoped to provide,” for failing
to submit any “independent evidence, such as tapes, documents, or
photographs,” and for failing to furnish any testimony or affidavits. Id. at
1147. Sounds familiar. Unlike Martir, where this Court found that it
could not reverse because the defense “did not challenge the proffer in any
way, Ms. Maxwell absolutely challenged the flimsy proffer from the
initial bail hearing through three renewals. Instead of properly putting
the Government to the test, the court blindly, uncritically, and
DOJ-OGR- 00020296
Extracted Information
Dates
Document Details
| Filename | DOJ-OGR-00020296.jpg |
| File Size | 671.9 KB |
| OCR Confidence | 94.5% |
| Has Readable Text | Yes |
| Text Length | 1,438 characters |
| Indexed | 2026-02-03 19:54:35.364201 |