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Extracted Text (OCR)
570, 933 N.Y.S.2d at 240. Specifically, the “evidence . . . established that [Epstein] committed
multiple offenses against a series of underage girls,” who “were brought to [Epstein’s] home to
provide ‘massages’ that led to very serious sex crimes.” Jd. at 570-71, 933 N.Y.S.2d at 240.
. Although the Manhattan District Attorney’s briefing remains under seal, the Decision
indicates that “the People [took] a different position on appeal from the position they took before
the hearing court.” Jd. at 571, 933 N.Y.S.2d at 241. This Court did not, however, unseal any of
the appeal briefs or provide a detailed summary of the parties’ respective arguments. The public
and the press are thus left in the dark as to what exactly the District Attorney’s Office and
Epstein wrote in their respective appeal briefs. It appears that the District Attorney’s Office may
have taken the position that ADA Gaffney had “mistakenly conceded [before the lower court]
that the conduct for which defendant was not indicted should not be considered, and that
defendant should be adjudicated a level one offender.” /d. at 572, 933 N.Y.S.2d at 241. The
Decision also states that this Court rejected Epstein’s argument that the District Attorney “should
be estopped” from changing position on appeal and also rejected Epstein’s “remaining claims” as
being “improperly raised for the first time on appeal.” Jd. The public has the right to know more
than these sketchy details, however, particularly when the arguments advanced by the parties on
appeal clearly discuss the decision taken by the Manhattan District Attorney’s Office to abruptly
change its earlier position that Epstein was deserving of lenient treatment.
C. Media Interest in New York and Florida Prosecutors’ Lenient Handling of Epstein’s
Case
The handling of Epstein’s prosecution in Florida and the subsequent sex offender
registration proceeding against in him New York have both been the subject of legitimate public
interest and intense controversy. In the Florida proceedings, the prosecutors were criticized for
allowing Epstein to enter into a seemingly favorable plea deal. For instance, as the Post reported
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