Right now, they are debating whether Riley June Williams should have a carve-out for using internet for seeking employment.
Prosecutor: The government's position is not to let her seek employment online because that will give her an opening for engaging in the same conduct.
Williams's lawyers now want another carve-out for mental health counseling.
The prosecutor noted that they previously opposed mental health counseling as a condition of her release.
Prosecutor: "I would suggest that a therapy session can be conducted on a flip phone," given the "serious danger" that her being online poses to the investigation.
Judge Faruqui sends the public defenders and prosecutor to a breakout room to negotiate.
A pause in proceedings.
They're back.
Williams's attorney claims the deletion of the accounts was done because of harassment from her ex.
"The deletions were not with any intent of obstructing," he claims.
Williams's defense counsel challenges the authority for taking away her internet.
"Your honor referred to the child pornography cases. There's a specific provision for access to the internet and monitoring."
"I don't see the basis both in fact and in law for complete denial..."
Judge Faruqui makes a distinction on the timeline.
He says that the government alleges that they discovered the deletions after Williams' arrest, rather than alleging she committed the acts since her release.
Prosecutor explains why they're pursuing the internet issue now:
"At the time, she was living in an apartment where—at least, it was represented to us—there were not devices left."
"This is in lieu of seeking pretrial detention."
Prosecutor:
"If the defendant were in custody, then obviously she would have restrictions to her computer use."
This would "give her the benefit of not being in custody" while affording protection to the government.
Judge Faruqui:
"This is different from other cases."
He wants more info on the alleged cover-up.
On Jan. 10, over Discord, Williams instructed one of her associates to delete messages, the prosecutor said.
"I learned that very recently," she added.
Prosecutor:
"I don't agree with the defense characterization on when and why she deleted the accounts."
Judge Faruqui:
"I do believe that some restrictions are needed on her internet access."
Faruqui:
"Here, I think we need to have restrictions on her internet success."
He adds: The question is, how much?
But Faruqui will not limit attorney-client communications to a flip phone, noting that incarcerated suspects would have visual access to counsel.
Faruqui: "She's going to need to review discovery."
And bringing her down to D.C. would be a "catastrophically bad idea," all things considered, the judge adds.
Faruqui will not let Williams use the internet to seek employment or have an internet-enabled phone.
The proceedings are going into a breakout session, but they have not yet adjourned.
Judge:
There are two TVs. One is web-enabled.
"Keep that one off and don't turn it on under any circumstances."
Lawyer:
"I don't think it's a TV with a keyboard. It's a TV like the one most of us have: with Netflix."
Nobody in these court proceedings has apparently referred to or heard of Smart TVs.
Judge revises the no-TV #2 condition. She can watch it, but not websurf.
The judge will enter the modified release order soon.
Next hearing: March 26 at 1 p.m. Eastern Time.
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