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Case 1:19-cr-00490-RMB Document 36
Filed 07/24/19
Page 33 of 74 dios
1 don't find any case where that says 14 years, and it's over or
2 it evaporates, etc.
3 The argument though is that 14 years ought to be
4 enough of a period of time. Right?
5 MR. WEINBERG: [ think the premise is that when the
6 man was not under conditions of release, if your Honor was to
7 exercise your power to release him, he didn't re-engage in this
8 activity that constitutes the heart of both the Florida and the
9 current New York prosecutions.
10 And at a certain point, when you're dealing with the
11 government's burden to prove by clear and convincing evidence
12 going forward in the future, the idea that he would abandon his
13 14 years of self-discipline when he's under conditions of bail
14 that can result in his rearrest and re-detention -- I don't
15 think the government can carry that weight or carry that
16 burden.
17 THE COURT: So I'm very interested in this question.
18 It's a very interesting question. As you may or probably know,
19 there are studies of recidivism, studies of recidivism directly
20 related to sex offenders.
21 I'll share with you what I've looked at because
22 don't want you to think I'm researching on my own anything that
23 you are not aware of. These are, I think, government-supported
24 studies that measure recidivism beyond 10 or 14 or 15 years and
25 that purport, if read these studies, to show that the nature
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PORTERS, P.C.
DOJ-OGR-00000543