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Extracted Text (OCR)
Edwards, Bradley vs. Dershowitz
Case No.: CACE 15-000072
Edwards and Cassells Response to Dershowitz's Motion to Determine Confidentiality of Court Records
Page 10 of 20
Epstein and the Government owed them CVRA duties), especially considering that the details
involve non-parties who are not related to the respondent Government.” DE 324 at 5 (emphasis
in original). While Judge Marra struck those allegations, he emphasized that “Jane Doe 3 is free
to reassert these factual details through proper evidentiary proof, should [the victims]
demonstrate a good faith basis for believing that such details are pertinent to a matter presented
for the Court’s consideration. Judge Marra then denied Ms. Giuffre’s motion to join the case,
but allowed her to participate as trial witness: “The necessary ‘participation’ of [Ms. Giuffre] . . .
in this case can be satisfied by offering . . . properly supported — and relevant, admissible, and
non-cumulative — testimony as needed, whether through testimony at trial . . . or affidavits
supported in support [of] the relevancy of discovery requests.” DE 324 at 8 (emphasis
deleted). In a supplemental order, Judge Marra stated that the victims “may re-refile these
documents omitting the stricken portions.” DE 325. The victims have recently refiled the
documents.
In light of this history, Dershowitz is flatly incorrect when he asserts that “Judge Marra’s
Order appropriately precludes the unredacted documents from being re-filed in this case on the
public docket.” Confidentiality Motion at 3. To the contrary, the Order specifically permits
factual details about Dershowitz’s sexual abuse of Ms. Giuffre to be presented in regard to
pertinent matters in the federal CVRA case. And certainly nothing in Judge Marra’s Order could
render those documents confidential in this state defamation case, where the central issues swirl
around Edwards and Cassell’s good faith basis for filing the allegations. Indeed, the order is not
binding in any way in this case, because it is res judicata only as to Ms. Giuffre (the moving
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