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Case 1:20-cr-00330-PAE Document 408 _ Filed 11/03/21 Page4of7 LAW OFFICES OF BOBBI C. STERNHEIA\ the effects of sleep deprivation on cognitive functioning, “sleep deprivation result[s] in a loss of cognitive flexibility through feedback...sleep deprivation causes a fundamental problem with dynamic attentional control.” 4 Ms. Maxwell’s ability to cope with the stress of her legal proceedings and to participate meaningfully in her defense have been gradually eroded over time due to the conditions of her confinement and are further exacerbated by ongoing sleep deprivation. The conditions of her confinement are seriously impacting her overall mental and physical health which will continue to worsen over time if she remains incarcerated under the current conditions and subject to the regiment on trial — sleep deprivation, inadequate nutrition, exposure to cold temperature, daily humiliation. If she were released, her ongoing symptoms which will be exacerbated during trial would likely resolve completely, and she would be afforded the opportunity to properly prepare her defense for trial and endure the rigor of each trial day. Ms. Maxwell is not a flight risk. The government concedes she poses no risk to the community. She is a mature adult with no prior history of criminal or violent behavior. She has steadfastly proclaimed her innocence, has maintained a strong desire to fight the case against her and is determined to fight her charges at trial and clear her name. There is no indication that she would attempt to flee given her personality profile and determination to be exonerated. The bi-weekly teams of guards rotated in from high-security BOP facilities have reported to Ms. Maxwell that they are informed that she is a security and suicide risk, which heightens their vigilance and contempt. Like the assertion that she is a flight risk, alleging she is a suicide risk is a total fiction. Recently, a senior staff person at the MDC stated, in substance: “The problem we have with Ms. Maxwell is simple: she’s not a criminal.” *Honn, K. A., Hinson, J. M., Whitney, P., & Van Dongen, H. P. A. (2019). Cognitive flexibility: a distinct element of performance impairment due to sleep deprivation. Accident Analysis & Prevention, 126, 191-197. DOJ-OGR-00006059