EFTA00603824.pdf

Case 9:08-cv-80736-KAM Document 227 Entered on FLSD Docket 08/16/2013 Page 1 of 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 08-80736-Civ-Marra/Johnson JANE DOE #1 and JANE DOE #2 v. UNITED STATES JANE DOE #1 AND JANE DOE #2'S PROTECTIVE PETITION FOR DISCLOSURE OF GRAND JURY MATERIALS RELEVANT TO THEIR PETITION FOR ENFORCEMENT OF THEIR CVRA RIGHTS COME NOW Jane Doe #1 and Jane Doe #2 (also referred to as "the victims"), by and through undersigned counsel, to file this protective petition for release of relevant grand jury materials, pursuant to Fed. R. Crim. P. 6(e)(3)(F). The protective filing is made to obviate any claim that they have not properly petitioned for release of grand jury information under the rule. As the Court is well aware, a discovery dispute is on-going about whether certain grand jury materials can be released to the victims in this case. In its privilege log, the Government has argued at a number of points that "Rule 6(e)" of the Federal Rules of Criminal Procedure forbids release of materials to the victims in discovery. See DE 212-1. The victims have raised other responses to that argument. See Jane Doe #1 and Jane Doe #2's Motion to Compel Production of Documents That Are Not Privileged (filed contemporaneously with this petition). But in addition, the victims wish to have in the record a formal petition for release of information, as specifically provided in Rule 6(e)(3)(F) (providing authority for a petition for release of grand jury information). 1 EFTA00603824 Case 9:08-cv-80736-KAM Document 227 Entered on FLSD Docket 08/16/2013 Page 2 of 4 The victims respectfully ask that, if their other pleadings do not already suffice to constitute such a petition, then that this document constitute such a petition. The victims further submit that they had established particularized needs and compelling reasons for such release through their various pleadings, including the Affidavit of Bradley J. Edwards, Attachment 1 to Jane Doe #1 and Jane Doe #2's Motion to Compel Production of Documents That Are Not Privileged (filed contemporaneously with this petition). The Court is authorized to grant such a petition under Fed. R. Crim. P. 6(e)(3)(E)(i). The victims ask the Court to grant their petition. CONCLUSION The Court should release to the victims all information that the Government claims is privileged from release by Rule 6(e). DATED: August 16.2013 Respectfully Submitted, /s/ Bradley J. Edwards Bradley J. Edwards FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, M. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 Telephone (954) 524-2820 Facsimile (954) 524-2822 Florida Bar No • 542075 E-mail: and Paul G. Cassell Pro Hac Vice S.J. Quinney College of Law at the University of Utah 332 S. 1400 E. Salt Lake City, UT 84112 2 EFTA00603825 Case 9:08-cv-80736-KAM Document 227 Entered on FLSD Docket 08/16/2013 Page 3 of 4 Telephone: 801-585-5202 Facsimile: 801-585-6833 E-Mail: cassellp@law.utah.edu Attorneys for Jane Doe #1 and Jane Doe #2 3 EFTA00603826 Case 9:08-cv-80736-KAM Document 227 Entered on FLSD Docket 08/16/2013 Page 4 of 4 CERTIFICATE OF SERVICE I certify that the foregoing document was served on August 16, 2013, on the following using the Court's CM/ECF system: Dexter Lee A. Marie Villafafia 500 S. Australian Ave., Suite 400 West Palm Beach, FL 33401 (561) 820-8711 Fax: (561) 820-8777 E-mail: Dexter.Lee@usdoj.gov E-mail: ann.marie.c.villafanaeusdoj.gov Attorneys for the Government Roy Black, Esq. Jackie Perczek, Esq. Black, Srebnick, Komspan & Stumpf, 201 South Biscayne Boulevard, Suite 1300 Miami, FL 33131 Email: (305) 37106421 Jay P. Lefkowitz Kirkland & Ellis, LLP 601 Lexington Avenue New York, NY 10022 Email: (212) 446-4970 Martin G. Weinberg, ■. 20 Park Plaza, Suite 1000 Boston MA 02116 Email: (617) 338-9538 Criminal Defense Counsel for Jeffrey Epstein /s/ Bradley J. Edwards 4 EFTA00603827