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Lawyers for Sam Bankman-Fried made a renewed plea for his temporary release from jail, arguing they can’t prepare his defence while he is incarcerated.
They said they “are finding it exceedingly difficult as a practical matter to adequately prepare for trial with the restrictions on access currently in place,” in a new filing on September 25. They added that the court had earlier acknowledged that “it understands the difficulties of preparing a complex case for trial.”
The lawyers said the government has given the defence a list of more than 50 potential witnesses, thousands of pages of documents, and more than 1,300 exhibits.
These documents, they said, contain “complex financial records, or excerpts or demonstratives prepared from such records,” most of which only Bankman-Fried can help them clarify.
They continued by saying that because they did not know which witnesses the government would call or in what sequence, they would not be able to prepare for the “next day’s witnesses and exhibits in the hours when we are not sitting in the courtroom.”
@SBF_FTX legal team has once again requested for his temporary release from custody.
Mark Cohen, the lawyer representing Sam Bankman-Fried, has asked Judge Lewis Kaplan to grant his client temporary release in order to prepare for his defense.
— DeFi UnCut (@DefiUncut) September 26, 2023
Bankman-Fried Consents To Gag Order
The renewed submission for his temporary release stipulates five conditions that Bankman-Fried is willing to follow in exchange for his release on October 2, the day before his trial.
First, when Bankman-Fried is not in the courtroom, he must be with his attorneys at his attorneys’ offices or offsite workspace, or with a security guard in a temporary residence in New York City where he will live for the duration of the trial.
The lawyers also require that the defendant will be able to leave the courthouse with his attorneys and travel with them to their offices or offsite workspace to prepare for trial. To ensure that he does not have access to any computers, cell phones, the Internet, television, or any electronic devices, the former FTX CEO has also agreed to a security guard at the house and wherever he goes.
Bankman-Fried is also willing not to be permitted any visitors in his temporary residence. He has also consented to a gag order that will prohibit him from speaking to anyone for the duration of the trial, except his attorneys, other members of the defense team, his parents, and his brother. Bankman-Fried’s trial is scheduled to begin October 3.
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