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_% Sides argue whether Jeffrey Epstein’s nonprosecution deal violated alleged victims' rights
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Epstein, now 58, pleaded not guilty in August 2006 in state court.
Eventually he agreed to a state plea deal and served 13 months of
an 18-month sentence for soliciting a minor for prostitution and
soliciting prostitution — but only after his attorneys successfully
argued for the federal non-prosecution pact.
The U.S. attorneys sent letters to Jane Doe No. 1 and No. 2 twice in
2008 describing their case as being under federal investigation —
even though a nen-prosecution agreement had been created the
previous year and had been kept secret from the young women,
according to Edwards. Edwards said the latter action “eviscerated the
rights” of the two women te bring Epstein to justice.
Assistant U.S. Attorney Dexter Lee told Marra that the Crime Victims’
Rights Act dictates that victim notification is triggered only after an
indictment.
Cassell disagreed. “It wasn’t designed to be so narrowly
circumscribed,” the Fort Lauderdale lawyer said.
Lee said requiring federal attorneys to confer with alleged victims
before they can determine whether an indictment is warranted would
impinge on prosecutorial discretion. “The government believes these
rights would attach only after a formal indictment,” Lee said.
Marra questioned that assertion. “I think we wouldn't be here if your
office had conferred with the victims, heard them out,” and explained
why prosecution wasn’t pursued, the judge said.
Lee countered that alleged victims have no right io confer with the
government when the government is not “in the case.”
The judge reserved ruling on the plaintiffs’ motion to unseal the
federal attorneys’ plea deal correspondence with Epstein’s legal
team.
He gave famed criminal defense attorney Roy Black two weeks to
submit materials explaining why the letters should not be turned over
to the two young women’s lawyers. The U.S. Attorney's Office will
then have two weeks to respond, then the plaintiffs’ team will have a
week to respond. Black will then have a week to deliver his final reply
to the judge.
Black had argued that the correspondence was protected by attorney
-client privilege. “Any statements made in regard to plea bargaining
are immunized” whether related to statements of culpability or not,
Black said. “This is classic work product we sent to the government.”
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