Suspect in huge Capital One breach to remain behind bars, judge rules

SEATTLE (KOMO) – The Seattle woman accused of one of the largest computer hacks of personal information, won’t be let out of custody until her court date or moved out of the men’s unit at the Federal Detention Center in SeaTac, Wash. – even though she’s a transgender woman.

Federal Court Magistrate Judge Michele Peterson agreed with federal prosecutors that Paige Thompson was a flight risk and a danger to the community in denying her to move to a half-way house until her trial.

Federal Public Defender Mohammad Ali Hamoudi argued that Thompson has no criminal history and the Federal Bureau of Prisons is not equipped to handle people in the middle of a gender transformation and dealing with potential issues of mental illness and suicidal tendencies.

But Assistant U.S. Attorney Andrew Friedman argued that Thompson was a flight risk, had no strong ties to the Seattle area and had no long term employment.

Tim Carstens, a friend of Thompson’s for 18 years, sat in court and filed a letter with the court expressing concern over Thompson’s safety in the jail.

“It will have an adverse effect keeping her there. I feel for her physical safety. She’s not the person being described by the government,” Carson said outside the courtroom.

Diane, one of her roommates, was not in court but was told of the ruling was surprised by the judge’s decision and also feared for Thompson’s safety in the men’s unit.

“You go to the shower with these people and her body is not a masculine body, people harass them,” Diane said in an interview at home she shared with Thompson. “You know they can face violence, when they start facing violence they (Bureau of Prisons) don't try to rectify the violence, they just try to fix it, ‘throw the f---in transgender in solitary and let them sit there and let them f---in go crazy.'”

Friedman said in court that Thompson’s roommates didn’t want Thompson back. For Diane, that statement was true with a condition.

“If she didn't have a way to pay rent, then no,” says Diane.

Friedman stated on court that the Bureau of Prisons has policies that deal with transgender inmates which were updated in 2017. He said when a person is first brought to the detention center, they are housed based on the biology they were born with. An inmate can asked a Transgender Executive Committee to reevaluate the housing but he said that could take months.

Judge Peterson also said Thompson could not have access to any electronic device. Diane says that’s not good for Thompson.

“That’s her passion, you know you take away someone's passion, what do they have to live for, she might just kill herself when she gets out”.

“We are disappointed with the ruling and will continue to advocate for Ms. Thompson’s pretrial release," Hamoudi said in a statement following the ruling.

A representative for Capital One was also in court.

“We have seen no evidence that our customers’ data was used for fraud or disseminated, and the government’s statements are consistent with that,” a spokesman said following the ruling.