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Case 1:20-cr-00330-PAE Document171 Filed 03/23/21 Page9of18 prosecution. The ongoing review of discovery confirms the lack of evidence in support of the stale allegations in the indictment. Further, the government’s concessions reveal that it failed to properly investigate the allegations of at least one of its three core witnesses. The passage of time continues to reveal information and lack of evidence that undermine the purported strength of the government’s case. Bail Must Be Granted The detention of Ms. Maxwell on 25-year-old allegations — based on the lowest grade misdemeanor under New York Penal Law 130.55° — presented in a sensationalized indictment containing pictures to inflame the public and entice and feed the media frenzy’ — is unwarranted in the face of the unique bail package before the Court. Relentless media coverage of Ms. Maxwell, which preceded and impacted the bringing of this prosecution, has increased significantly since her arrest and detention. Ms. Maxwell’s continued detention — providing daily fodder for media for the past nine months—continues to severely undermine her presumption of innocence. In the face of this enhanced bail package, the government’s claim that Ms. Maxwell poses “an extreme risk of flight” rings hollow. The government urges the Court to apply a standard that defies the law - an absolute guarantee against all risks. See United States v. Orta, 760, F.2d 887, 888 n.4 (8th Cir. 1985) ("The legal standard required by the [Bail Reform] Act is one of reasonable assurances, not absolute guarantees."). Under the Bail ® Counts Two and Four allege violations of New York Penal Law § 130.55 - sexual abuse in the third degree - a class B misdemeanor punishable by maximum penalties of three months in jail or one year probation. 7 What other purpose could be served by the inclusion of a picture of Ms. Maxwell and Jeffrey Epstein taken over a dozen years after the period of the conspiracy alleged and pictures of three high-value residences? DOJ-OGR-00002789