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Case 21-770, Document 20-1, 04/01/2021, 3068530, Page21 of 31 requires relief. Add to that the barriers she is facing to preparing her defense and this Court should order her release under 3142(i). II. The trial court erred in relying on the government’s proffer—which comprised nothing but old, anonymous, unconfronted, hearsay accusations—to refuse to set reasonable bail for Ghislaine Maxwell. The government stressed the strength of its case in seeking detention, highlighting the “strength of the Government’s evidence” on page 1 of its application for detention. Ex.A. For support, the government made the circular argument that the evidence is strong because of “the facts set forth in the Indictment.” Jd. at 5. It made the same argument in the reply. Ex.C at 4 (arguing the case is strong because “the superseding indictment makes plain” the allegations against Ms. Maxwell). Of course, the Indictment is not evidence. See United States v. Giampino, 680 F.2d 898, 901 n. 3 (2d. Cir. 1982). Every circuit with published pattern instructions inform juries that they are not to consider the indictment as evidence. See, e.g., Third Circuit (“An indictment is simply a description of the charge(s) against a defendant. It is an accusation only. An indictment is not evidence of anything, and you should not give any weight to the fact that (name) has been indicted 19 DOJ-OGR-00000931