EFTA00594254.pdf

BURMAN. CRITTON LUTTIER &COLEMAN. us YOUR TRUSTED ADVOCATES A LIMITED LIABILITY PARTNERSHIP J. MICHAEL BURMAN. P.A.'3 ADELOVI J. BENAVENTE GREGORY W. COLEMAN. P.A. PAPAUGAVINvESTIGATot Miser D. CRITTON. JR, PA • JESSICA CADweu. BERNARD A. LEBEDEKER BOBBIE M. MCKENNA MARKT. LUSTIER PA ASHLIE troKEN-BARING JEFFREY C. PENN BETTY STOKES MICHAEL J. PIKE PARAuGALs HEATHER MCNAMARA RUDA FUTA H. BuDNYK DAVID A. YAREMA or oouNSEL 'FLORIDA (*AID CILIKTUUD CIVIL TRIAL LAWYER 1/40Atrilto To prucricE IN FLORIDA ANoCotomoo January 5, 2010 Sent by E-Mail and U.S. Mail Joanne O'Connor, Esq. Jones Foster Johnston & Stubbs, P.A. 505 South Flagler Drive, Suite 11 West Palm Beach, FL 33401 Re: Epstein Matter Dear Joanne: EDWARD M. RICCI THC1AL CORWMIll ILISTICT COUNSEL I am following up on the Non-Party Town of Palm Beach Police Officers' Motion to Quash Subpoena and/or Motion for Protective Order which you served on November 23, 2009. I never received any objection from the Town of Palm Beach. If one was served, please bring it to my attention. Before noticing a hearing on your Motion to Quash/Motion for Protective Order, it maybe a good idea for you to file a response to the subpoenas by each officer and the Town of Palm Beach. That is, if the officer and/or the Town takes a position that no documents exist with regard to a particular category, advise me and the court of that fact so that we are not arguing about some non-Issue. Please let me know if this approach is acceptable to you. Additionally, you referenced in your December 9, 2009 letter "attached please find responsive, nonprivileged and nonstatutory protected, document in response to the duces tecum served by counsel for Mr. Epstein on the Town of Palm Beach Police Department Record Custodian." You need to identify what "privileged and statutory protected documents" exist which you are specifically not producing. I believe a privilege log is required under the circumstances both under case law and certainly local procedure. 303 BANYAN BOULEVARD • SUITE 400 • WEST PALM BEACH. FL 33401 • PHONE: S61442,2820 • FAX; S614144-6929 WWW.BCLCLAW.COM EFTA00594254 Page 2 January 5, 2010 Joanne, in looking at what was produced, specifically Administrative Order G.O. 11- 65, I have the amendment effective January 15, 1999 and the amendment effective June 15, 2009. However, the June 15, 2009 amendment, amended G.O. 11-65 dated August 29, 2000, and that document was not provided. Cordially y Robe D. Critton, Jr. RDC/clz EFTA00594255