EFTA00180735.pdf

17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 9 10 11 that he no longer owns the residence? MR. GOLDBERGER: Not anticipated, Your Honor. THE COURT: Okay. Should he not be 12 for whatever reason -- 18-months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 this, prior to his release from custody. I 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 THE COURT: And then you would need 23 to send someone to meet with him before he 24 walks out of the Palm Beach County jail and 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180735 18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this-to and from work and any other 5 6 8 9 10 11 12 13 approved activities restricts him to Palm Beach County, is that correct? PROBATION OFFICER: That is correct, . Your Honor. THE COURT: So let's be clear, everything, from the day he walks out occurs in Palm Beach County, is that clear? MR. GOLDBERGER: We understand, Your Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to 25 being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180736 19 1 a.m., is that correct? 2 MS. BELOHLAVEK: Yes. 3 THE COURT: If the victim was under 4 5 6 age of 18 years which I gather is the case because it's circled, you shall not live within 1000 feet of a school, day care 7 center, park, playground or other place 8 9 10 11 where children regularly congregate. Hai someone verified that 358 El Brillo is such a place? MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place -- 17 this is rather open. 18 MR. GOLDBERGER: Where children 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180737 .4 1 regularly congregate? 20 r 2 MS. BELOHLAVEK: I personally do not 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? 7 MR. GOLDBERGER: We have done our due 8 diligence, for what it's worth, there is a 9 residential street. There are not children 10 congregating on that street. We think the 11 address applies, if it doesn't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shall 14 not have any contact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK: There's several. 17 THE COURT: Several, all of the 18 victims. So this should be plural. I'm 19 making that plural. You are not to have 20 any contact direct or indirect, and in this 21 day and age I find it necessary to go over 22 exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no 25 telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180738 21 1 2 3 4 messages through carrier pigeon, no messages—through thi-rd parties, no—hey would you tell so and so for me, no having a friend, acquaintance or stranger approach 5 any of these victims with a message of any 6 7 8 9 10 11 12 sort from you, is that clear? THE DEFENDANT: Yes, ma'am THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay. THE DEFENDANT: I understand. THE COURT: And the sentencing court. 13 So, if there is a desire which, I would 14 think would be a bit strange to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. So, is this sex offender program 23 becoming a condition of probation? 24 . MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180739 22 1 THE COURT: You did. 2 MR. GOLDBERGER: Thar's a mi-ift-alnr7TM 3 our part. Actually the statute that he is 4 pleading guilty to does not require the -- 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 9 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 11 adequate substitute for sex offender 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and based upon the evaluation and 15 my contact with that doctor, I don't 16 believe it's necessary at this point. 17 THE COURT: Has that been -- I assume 18 . you have a law degree and do not have a 19 Ph.D in a psychology or MD in psychiatry? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180740 23 1 with some fancy private psychiatrist or 2 psychologist—it—his—cese—is—eker? 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So you are not imposing 5 E? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: F, if the victim was 8 under the age of 18, you shall not work or 9 play or as a volunteer in any school, day 10 care center, park, play ground or other 11 place where children regularly congregate, 12 is that understood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined 15 as anyone under the age of 18. There are a 16 lot of places where children regularly 17 congregate. What kind of.work do you do? 18 THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Beach • 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will . 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180741 24 • 1 THE DEFENDANT: Yes, ma'am. 2 Mr — GOLDBERGER: Your- ROnOr, 1 J r. f t 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. .BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180742 25 1 signed them thoroughly. 2 Uffless orneTWITM—TMlltrated in 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 intend, that his therapist can 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is -- 14 cannot be -- 15 THE COURT: Condition G 'will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media,. 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community 24 control officer. 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180743 26 1 MS. BELOHLAVEK: They have the 2 obliWtion and iliTluded—in £here tor 3 warrantless search to check at any time his 4 home, his computer, anything he has contact 5 with. 6 THE COURT: And do they regularly do 7 that?. 8 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since we have the 10 pleasure of having someone from the 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 3, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180744 27 1 at a minimum one time a week. 2 netendant toatark—at—Elotida 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. 9 THE COURT: That he has formed? 10 MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? 13 MR. GOLDBERGER: Do you want to 14 explain? 15 THE DEFENDANT: It funds science 16 programs around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many programs has it 21 funded? 22 THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180745 28 1 THE DEFENDANT: President. THE—COURIL. Is bhere a board of directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund 14 science programs -- 15 THE COURT: I don't want to know what 16 we do, I want to know what you do. How 17 often are you there? 18 THE DEFENDANT: I'm there every day, 19 I research, I take in people who want to 20 make presentations about why they need 21 money for funding medical research, 22 advanced science research. My background 23 is in physics. I go through all the 24 programs in detail, review the science work 25 potentials, I follow through on a daily PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180746 I 29 1 basis with what they have been given money 2 t-o—do 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorry. 14 THE COURT: Right, that's why I'm 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if --.this organization, do they 21 ever have any involvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180747 • 1 THE COURT: Okay. 30 2 MS. BC.LOHLAVhK: Those are 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 THE COURT: The next condition, you 7 shall maintain. a driving log. You shall 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 'officer. 11 If there was sexual contact, ydu 12 shall submit to at probationer's or 13 community controllee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180748 31 1 be done within 48 hours? 2 You shall not obtain or use a post- 3 4 5 6 7 8 9 10 11 12 13 office box without prior approval of the supervising officer. Okay. Are all those conditions you two have agreed to? MS. BELOHLAVEK: Yes, Your Honor. MR. GOLDBERGER: With the court's amendments, yes. THE COURT: Mr. Epstein, do you understand? THE DEFENDANT: Yes, ma'am. THE COURT: I need the defendant to 14 sign number D where I had an a added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180749 •• 1 you choose -- or defense and the State 32 2 together, why—twelve months in tlia—rT1m 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. .We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180750 33 1 THE COURT: Do you understand you 2 will required to register and this will 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of 8 release. 9 THE COURT: So when he gets out of 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department who 12 is going to provide him with the form? 13 MR. GOLDBERGER: He actually ) 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the 18 one who is statutorily required to handle. 19 these registrations but some of our 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180751 34 1 he has to do is the official State of 2 FTUFtd CITE? t n? 3 4 5 MS. BELOHLAVEK: Correct. THE COURT: Mr. Epstein, I need to make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to 8 live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 11 you will be required in order to comply 12 with the law of living there, just like you 13 can't get a parking ticket or speeding 14 ticket, to comply with those regulations 15 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. If. you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's 22 office is separate, distinct and must be 23 done on their form according to their 24 schedule, 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180752 35 1 THE COURT: And if my experience the 2 =Clew months is of any value, they are ( ) 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community 7 control, they need to know exactly where you are and if you go anywhere without 9 registering, they will find and you will be 10 locked up. 11 THE DEFENDANT: Yes, ma'am. 12 THE COURT: Okay. Any questions 13 about that? 14 THE DEFENDANT: No, ma'am. 15 THE COURT: Did you read the plea in 16 the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I'think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs•or medication 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180753 36 1 THE DEFENDANT: No, ma'am. 2 THE COURT: NtstMlitry—CWRITig— a-nr-- 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? 7 THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. There won't be witnesses called. 12 That your attorney and you would have a 13 right to confront and cross examine, do you 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180754 37 1 could subject you to deportation pursuant 2 to the laws and regulations governing the 3 United States immigration and 4 Naturalization Service and this court has 5 no jurisdiction or authority in such 6 matters, do you understand that? 7 THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEFENDANT: No. 13 THE COURT: Do you understand this is 14 a plea in criminal court? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: This has -- in criminal 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing to do 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? 21 THE DEFENDANT: Yes, ma'am. 22 THE COURT: Is this plea in any way 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180755 38 1 on that, Your Honor? 2 3 4 5 6 THE—COURTT--rt is vb .:4 recorded. MR. GOLDBERGER: That's fine. THE COURT: Defendant needs to approach as well. 7 (Whereupon, there was a conference at 8 9 10 11 the bench.) MR. GOLDBERGER: The reason why I asked to come sidebar, there is a nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180756 39 1 nonprosecution agreement -- 2 Mt. BELOHLAVEXT--They spelt' all that 3 out. 4 THE COURT: Mr. Epstein needs to come closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed tof they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180757 40 O 1 agreement very carefully spelled out if 2- - the-re- was- a- brea-ch- that- wontd- vtatate- ttl-s 3 agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would.like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180758 3 41 1 two years from now saying, oh no, no, they bit me over CWC—ITUMd anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: . No ma'am. 15 THE COURT: State, please give me a 16 factual basis. 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180759 •1 42 1 County also. 2 TffE—CUURT: r -find a surftflent 3 factual basis to support the pleas. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 • THE COURT: And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180760 43 1 information will not be related to the defendarbile—Wilrad excTUNflety fdT 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time.we would withdraw our 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180761 44 1 pursuant to it. I will adjudicate you 2 guirty—Uf—Telony solicitation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the solicitation 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 13 With respect to 08 CF 009381, 14 will sentence you to six months in the Palm 15 Beach County detention facility, with 16 credit for the one day served. That six 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180762 45 I to 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 felony? MS. BELOHLAVEK:--Correttr—CAW—Mre that designates him a sexual offender. THE COURT: Okay. So only on case number 08 CF 009381AMB will you be on one year community control which would then invoke a potential penalty of fifteen years were you to violate. The special conditions are that you are to have no unsupervised contact with minors and the supervising adult must be approved by the Department of Corrections. You are to be designated a sexual offender pursuant to Florida Statute 943.0435 and you must abide by all requirements of that statute which / have read and we have discussed. You will remain confined to your residence except one half hour before and after your approved employment, community service work or other activities approved by your probation officer. You will maintain an hourly accounting of all your activity on a daily log which you submit to the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180763 46 1 You will be residing at 358 El - 2 . Brittv- Way, P'atm-'B•eac•h;— Florida-93-4-8-0. 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180764 47 1 children may congregate. You shall not /-) 2 view, own- or po'sses's- any-ob-stene cz) 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA .11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180765 P. JO 1 2 office box without the prior approval of the—supervirsing—offiter. 48 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm .sorry, I. didn't. 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of 12 the person, residence or vehicle 13 understand the person, residence or vehicle 14 includes anything you might, possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should, be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180766 49 1 paying it? 2 MR G.O.LDB.ERGER• Actually there is a__ 5 3 4 5 cash bond posted, court cost can be deducted from the cash bond. THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. the 14 proceedings before the Court. concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180767 .50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for.Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 49, 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. . 15 'IN WITNESS WHEREOF, I have hereunto 16 affixed my official signature this 19th day of 17 July, 2008. 18 19 20 21 PHYL S A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180768 "Tw LEGAL RECYCLED PAPER Z.= TO REORDER CALL 9546/49599 EFTA00180769 PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guilty _1S Case No. Charge Count Lesser Decree 06CF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF009381AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Welved/Not Required X Required/Requested ADJUDICATION: Adjudicate (x i SENTENCE: On 06CF009454AMB, the Defendant is sentenced to 12 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. On 08CF009381AMB, the Defendant is sentenced to 18 months Community Control 1 (one). As a special condition of this Community Control, the Defendant must serve the first 6 months in the Palm Beach County Detention Facility, with credit for 1 (one) day time served. This sentence Is to be served consecutive to the 12 month sentence in 06CF009454AMB. The conditions of community control are attached hereto and Incorporated herein. OTHER COMMENTS OR CONDITIONS' Court Costs: $474.00 Cost of Prosecution: $50.00 Drug Trust Fund: $50.00 As a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and Incorporated herein. The Defendant must provide a DNA sample in court at the time of this plea. Assistant State Attorney Attorney for the Defendant Date of Plea Defendant EFTA00180770 PLEA IN THE CIRCUITCOURT THE FOLLOWNG IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT' Name: Jeffrey E. Epstein Plea; Guilty A Case No. Chafe, GoUnt LesEr De Orel 013OF009454AMB Felony Solicitation of Prostitution 1 No 3 FEL 08CF(1093131AMB Procuring Person Under 18 for Prostitution 1 No 2 FEL PSI: Waived/Not Required _K__ Required/Requested AD4UpiCATION: Adjudicate SENTENCE: On CX3CF009454AMB, the Defendant is sentenced to 12 months In the Palm Beach County Detention Fatuity, with credit for 1 (one) day time served. /we y AC:1 -(j On 08CF009381AMB,Ihe Defendant is sentenced to 6 months/1n the Palm Beach County Detention Faclety, with credit for 1 (one) day time served. This 6 month sentence is to be servedconeecutivelo the 12 month sentence in 06CF009454AMB. Following this 6 month sentence, the Defendant MA be paced on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITPONS: M a special condition of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adut must be approved by the Department of Corrections. The Defendant is designated as a Sexual Offender pursuantto Florida Statute 943.0435 and must abide by a the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provkie a DNA sample in mid at the time of Dat.ofpC°74 4•.; EFTA00180771 I • . • , . • ' F 948.101 Terms and conditions of community control and ciiininal quarantine community • control.-- (1) The court shall determine the terms and conditions of community control. Conditions specified in this subsection do not require oral pronouncement at the time of sentencing and may bo considered standard conditions of community control. (a) The Coln shalt require intensive supervision and surveillance for an offender placed into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agrood•upon residence during hours away from employment and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corroctions by moons of an electronic monitoring davico or system. 5. The standard conditions of probation set forth in s. 948.03. (b) For an offender placed on criminal quarantine community control, the court shall require: 1. Electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not present the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011 s. 800.04, s. 827.071 on. 847.0145 to reside in another state if the order stipulates that, ft is contingent upon the approval of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration es a condition of community control, the period may not exceed 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment Institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shall develop and administer a criminal quarantine community control program erre:hating intensive supervision with 24-hour-per-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may bo ordered. EFTA00180772 '943.0435 Sexual offenders required to register with the department penalty.-- (1) As used in this section, the term: (a)t. -Sexual offender" means a person who moats the criteria In sub-subparagraph a., sub subparagraph b., sub•subnaragraph c., or sub-subparagraph d., as follows: a. (I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes In this state or similar offenses in another jurisdiction: s. 717.01, s. 787.02, or s. 787.025(2)(c), where the victim Is a minor and the defendant is not the victim's parent or guardian; s. 794.011, oxcluding s. 794.011(10); s. 794.05. s. 796.03. s, 796.035; s. 80104. s. 825.1025; s. 827.071. s. 847.0133. s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.011...5; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has boon redesignated from a former statute number to one of those listed in this sub•sub-subparagraph; and (II) Has been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described in sub-sub-subparagraph (I). For purposes of sub-sub- .:uhparagraph (I), a sanction imposed in this state or in any other jurisdiction includes, but is not limited to, a fine, probation, community control, parole conditional release, control release, or incarceration in & state prison, federal prison, private correctional facility, or local detention facility; b. Establishes or maintains a residence in this state and who has not been designated as a sexual pnadator by a court of this state but who has bean designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification or both, or would be if the person were a resident of &sat state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender; c• Establishes or maintains a residence in this state who is in the custody or control of, or under the soya,: vision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or gonfalon; s. 794.011 excluding a 794.011(10); s. 794.05; a. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071. s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. (147.0137; s. 847.0138; s. 547.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction whin the juvenile was 14 years of age or older at the time of the offense: (I) Section 794.011 excluding s. 79-4.011(10); (II) Section 800.CM (4)(b) whore the victim is under 12 years of ago or where tho court finds sexual activity by the use of force or coercion; (III) Section 800.04(5)(c)1. whore the court finds molestation involving unclothed genitals; or EFTA00180773 (IV) Section 800.64(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. Por all qualifying offenses listed in sub-subparagraph (1)(a)1.d., the court shall make a written finding of the ago of the offender at the time of the offense. For each violation of a qualifying offense listed in this subsection, the cotrt shall make a written finding of the ago of the victim at the time of the offense. For a violation of s. 500.0-4(4), the court shall additionally make a written finding indicating that the offerso did or did not involve sexual activity and indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not involve the use of force or coercion. (b) "Comictod" moans that there has boon a determination of guilt as a result of a trial or the entry of a plea of guilty or polo contenders, reprdiass of whether adjudication is withhold, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contenders resulting in a sanction fn any state of the United States or other jurisdiction. A sanction indem, but k not limited to, a fine, probation, community control, parole conditional release control release, or Incarceration in a state prison, federal prison, private cotteclional facility, or local detention (c) -Permanent residence' and 'temporary r idence- have the same moaning ascribed in s. 775.21. (d) 'institution of higher education' means a career cotter, community college, college, state university, or independent postsecondary institution. (e) 'Change in onroilment or employment status' means the commencement or termination of enrollment or employment or a chernit in location of onrollmet or art:toy:bent. (f) 'Electronic moil address" has the same meaning as provided ins. 668i. 602. (g) 'instant message name' moans an identifier that allows e person to communicate in real time with another person using the Internat. (2) A sexual offender shall: (a) Report in person at the sheriffs office: 1. In the county in which the offender establishes or maintains a permanent or temporary residents: within 48 hours after: a. Establishing permanent ur temporary residence in this state; or b. Being released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the malty Whore ho or she was convicted within 48 hours after being convicted fora/ qualifying offense for registration under this section if the offender is not in the custody or EFTA00180774 control of, or under the supervision of, the Department of Corroctions, or is not in the custody Ma private correctional facility. Any change in the sexual offender's permanent or temporary residence, name any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in parson at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (a). (6) Provide his or her name, date of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural routs address and a post office box, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided In lieu of a physical residenffal address. 1. tf the sexual offender's place of residence is a motor vehicle, trailer, mobilo home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. if the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturers serial number; this name of the vessel, live-aboard vessel, or houseboat; the fenestration number; and a description, including color scheme, of the vessel, live-aboard vessel, ,or houseboat. 2. If the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender% enrollment or employment status. Each change in enrollment or employment stalls shalt be reported in person at tie sheriffs office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change in the sexual offender's enrollment or employment status. When a sexual offender reports at the sheriffs office, the sheriff shall take a photogaph and a sot of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver's license office of the Department of Highway Safety and Motor Vehicles, union a driver's tisane or Identification card that complies with the requirements of s. 322.141.(3) was previously secured or updated under s. 944.607. At the driver% license office t xal offender shall: r 1 1 (a) If otherwise qualified, secure a Florid, driver's license, renew a Florida driver's license, or secure an identification card. The sexual offender shall identify himself or herself as a sexual offender who Is required to comply with this section and shall provide proof that the sexual offender reported as required In subsection (2). The sexual offender shall provide any of the information specified in subsection (2), if requested. The sexual offender shall submit to the taking of a photograph for use in Issuing a driver's license, renewed license, or Identification card, and for use by the department in maintaining current records of sexual offenders. EFTA00180775 (e) Pay the costs anosted by the Department of htighway Safety and Motor Vehicles for issuing Of renewing a driver's liceme or identification card as required by this section. 'rho driver's license or identification card issued must bo in compliance with s. 322.141(3). (c) Provide, upon request, any additional Information necessary to confirm the identity of the sexual offender, including a sat of fingerprints. (4)(a) Each time a sexual offender's driver's license or identification card is subject to renewal, and, without regard to the status of the offender's driver's license or identification card, within 48 hours after any change in the offender's permanent or temporary residence or change in the offender's name by reason of marriage or other legal process, the offender shall report in person to a driver's license office, and shall be subject to the requirements specified in subsection (3). The Departnieet. of Highway Safety and Motor Vehicles shall forward to the department all photographs and information provided by sexual offends,' s. teotwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles Is authorized to release a reproduction of a colorthotograph or digital-image License to the . Department of Law Enforcement for purposes of public notification of sexual ofhe as provided in this section and ss. 943.043 and 944;606. (la) A sexual offender who vacates a permanent residence and fails to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in person to the sheriffs office of the aunty in which he or she is located. The sexual offender shalt specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she faits to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or he- intent to vacate such residence shall, within 48 hours after the date ieson which the offender indicated he or she would or did vacate such residence, report in person to the agency to which ho or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. When the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a mport as required under this paragraph commits a felony of the second degree, punishable as provided ins. 775.082 s. 775.083, or s. 775.06e. (d) A sexual offender must register any electronic mail address or instant message name with the department prior to using such electronic mail address or instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name Information. (5) This section does not apply to a sexual offender who is also a sexual predator, es defined in s. 775.21. A sexual predator must register as required under s. 775.21. (6) County and local law enforcement agencies, in conjunction with the department, shall verify the addresses of sexual offenders who are not under the care custody, control, or supervision of the Department of Corrections in a mary ier that is consistent with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be mat as a condition for the receipt of federal funds by the gate. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements. EFTA00180776 (7) A sexual offender who intends to establish residence in another stab or jurisdiction other than the State of Florida shell report in person to the sheriff of the county of current residence within 48 hours before the date ho or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address,municipality, county, and state of intended residence, The sheriff shall promptly provide to he department the information received from the sexual offender. The department shall notify the statewide taw enforcement stoney, or a comparable agency, In the intended state or jurisdiction of residence of the sexual offender's intondod residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (6) Asexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shalt, within 46 hours after the date upon which the sexual offender indicated ho or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department, A sexual offender who reports his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the manner required by this subsection commits a toter* of the second degree, punishable as provided ins. 775.08_2, s. 775.063 ors. 775.084. (9)(a) A sexual offonder who does not comply with the requirements of this section commits a felony of the third degree, punishable as provided ins. 775.062, s. 775.083 or s. 775.064. (b) A Sexual offender who commits any act or omission in violation of this section may be prosecuted for the act or omission in the county in which the act or omission was committed, the county of the last registered address of the sexual offender, °rale county in which the •cOrrviCtiomoccurrodfortinoffonse or, offenses that meet the for designatinga person as asexual offender. (c) an arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment on charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitutes grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to register who assorts, or intends to assert, a lack of notice of the duty to register as a defense to a charge of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to negistor may not assert the defense of a lack of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, tho Department of Juvenile Justice, any law enforcement agency in this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for stied faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or reloasing the information. The presumption of good faith is not overcome tf a technical or clerical error is made by the department, the Department of Hignway Safety and. Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00180777 Justice, the personnel of those departments, or any individual or ontity acting at the request or upon the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect because a sexual offender falls to report or falsely reports his or her current piece of permanent or temporary residence, (11) Except as provided ins, 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon or has had a conviction set aside in a rxr;tconviction proceeding for any offense that meets the criteria for classifying the parson as a sexual offender for purposes of registration. However, a sexual offender: (art Who has bean lawfully released from confinement, supervision, or sanction, whichever is later, for at least 25 years and has not bean arrested for any felony or misdemeanor offense since release, provided that the sexual offender's requirement to register was not based upon an adult conviction: a, For a violation of s. 787.01 or s, 787.02. b. Fora violation of s. 754.011, excluding s. 794.011(10); c. For a violation of s. 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; d. For a violation of s. 800,04(5) (b); e. For a Molation of s. 800,04(5)c.2. where the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any suchaffenso; or g. Fora violation of similar law of another jurisdiction, may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing.the requirement for registration as a sexual offender. 2. The court may grant or deny relief if the offerxier demonstrates to the court that he or she has hot boon arrested for any crime since release; the requested relief complies with the previsions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of federal funds by the state; and the court is otherwise satisfied that the offender is not a currant or potential threat to public safety. The state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present ovidonco in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future data at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. The department shall remove an offender from classification as a sexual offender for purposes of registration If tho offender provides to the department a certified copy of the court's written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. • EFTA00180778 (b) As defined in sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the parson provides the department with an order issued by the court that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation in the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the depertrnont that such designation, if not Imposed by a court, has been removed by operation of law or court order in the state or jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual °Crumb's is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest in public safety and in the effective operation of government. Releasing information concerning sexual offumbs to law enforcement agencies and to persons who request such information, and the release of such information to the public by a law enforcement agency or public agency, will further tho governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a tow enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance -with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirement: of this section, and, if known, the wheroadsouts of the sexual offender; (b) Harbors,, or attempts to harbor, or assists another person in harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides informatkin to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.062 s. 775.083 or s. 775.084. (14)(a) A sexual offender must report in person each year• during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office in the county in which ho or the resides or is otherwise located to reregister. (b) However, a sexual offender who Is required to register as a result of a conviction for: 1. Section 787.01 or s. 787.02 when the victim is a minor and the offender is not the victim's parent or guardian; EFTA00180779 2. Section 794.011, excluding s. 794.011(10); 34 Section 800.04(4)(b) where the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; • 4. Section DO S(5)(b);' • 5. Section 800.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area;. 6. Section $00.04(5)c.2. where the court finds molestation involving unclothed genitals or genital area; 7. Section $00,04(5)(d) whore the court finds the use°, force or coercion and unclothed genitals or genital area; 11. Any attempt or conspiracy to commit such offense; or 9. A Violation of a similar law of another jurisdiction, • must reregister each year during the month of the sexual offenders birthday and wary third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by the sexual offender, which shall be consistent with the reporting requirements of this subsection. eeregistraton shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any cument temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to • paragraph 14) (d); date and place of any employment; lehicle make, model, color, and License tag number; fingerprints; and photograph. A post office box shall not be provided in lieu of a physical residential address. 2. if the sexual offender is °replied, employed, or carrying on a vocation at an institution of higher education in this state, the sexual offender shall also provide to the department the name, address, and county of etch institution, including each campus attended, and the sexual offender's enrollment or employment status. 3, If the sowed offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home' as defined in chapter 320, the sexual offender shalt also provide the vehicle identification number; the license tag number, the registration number; and a if. , . description, Including color scheme, of the motor vehicle, trailer, mobile home, or • lit• . • manufactured home. tf the sexual offender's piece of residence is a vessel, live-aboard wiset," or houseboat, as defined in chapter 327, the sexual offender shall also provide the hull '• 'i• identification number; the manufacturer's serial number; the name of the wool, the-aboard • vessel, or houseboat; the registration number; and a description, including color scheme, of • the vessel, liw-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any addressverification correspondence from the department within 3 weeks of the data of the correspondence or who fails to report electronic mail addresses or 4 4 EFTA00180780 instant message names, commits a felony of the third degree, punishable as provided in s. 775.082 s. 775.081, or s. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to tho department in a manner prescribed by the department. • 1 EFTA00180781 25/2808 15:20 3553626 Caltud i Liam roc STATE OF FLORIDA Plaintiff -VS- JEFFREY L EPSTEIN Defendant IN THE FIFTEENTH JUDICIAL CIRCUIT COURT, IN AND FOR l'ALIA BEACH COUNTY ' CASE NUMBER • DIVISION ' DC NUMBER • . .. CIRCUIT NUMBER' ORDER OF COMMUNITY CONTROL I ,12211=2211.12A2C2IMI MCS ORLEY "W" ' • •• 15-4/JAIL SPLIT This cause claming before the Cottn to be beard, and you, the defendant, being now present before the oourt,: and you, . haring • 21 entered a pies of guilty to K been found sellty byJury verdlot of K entered a pleaofnoto toetendere to K bog' (GUMS sulloy by the court trying the one without a jury of County PROCUREPERSON VNOER AGE OF 16 FOR MOBUTU. VON Sirction 1: JUDGMENT OF GUILT 2I Thecourt hereby adjudges you to be guilty of the show offearge). Wow, therefore, it It ordered and adjudged that the imposition of sentence is busby withhold and that you be placed on Probation I fora period of under the SUPIral Ion of the Department of Corrections, sublime to Florida leer. SECTION It ORDER WITHHOLDING ADJUDICATION • Now, therefore, it is ordered and adjudged that (be:updo/Mon of pile Is hereby widthekt and that you be placed on Probation fora period of_ under the scpervisIon of the Dopartnont of Cortirodota eutdeot to Florida law. SECTION 3r INCARCERATION DURING PORTION OF SUPERVISION 9ENTSPICE It is hereby ordered and adJudpd that you br. K tacrislued to the Depsamont of Corrections or K oontbed In the County Jell fora term of with Quilt for Jail limo. Alter you have served, of the tans, you aholl be placed on Probation for pedod of =der the suponieloft of the Department of Comet:ow, subject to Florida low. or IS co:dined to the CountyJoll bra term of pc fel MONTHS AS TO COUNT I FOLLOWED DY TWELVE (12) IYIONTHR COMMUNITY CONUIQL I CONSECUTIVE TO THE (121 MONTH SENTENCE IN CASE/ 1008CP00945AAMB with credit lb r O.1,DAt jell limo, ae a special coeditton of OUPOPlition. Page I oil 111/NIPIIS !MOW 14 Sitinoo Ii3N313 blE310 }WanHS , Qs to we) I Z 1RP HOZ a 3 11 • rpm belied 03.16.01 EFTA00180782 11/25/2008 15:28 3553626 urtxwft unseurint. I tir rfil3C. oh/ CIO 38FPRBY EPSTEIN CASEN5020011CF00938L90:304B Tr /8 FURTHER ORbERlit, out you'ebaroompiy with the following aiandard 4ondldont of auogreletop as.proisided by Yfoilds.: le*: . • . . . (I) Yeti will report to di mebatioi *Moe as directed. ,Not liter then the fifth day crotch mouth, unit, tothedWieedireoted, you will.. • make h tull end Uutherlteeort to your offioer on tbc fotni provided for that ;wpm. (2) You at pay the S(Me bffibildit1;ianioUtif Of $521,&Qper Meath, äi well's 4Yeeumherge, toward the, post gyms': etwervialon • itorortlarioe with a .948,09,9,8,, union otherwise oxempted in compliance with Merida Statutes . (3) You will remain In a apeolflod pleat Yew will not ohange your residence or omploYmont or 'cave the county Olt Poor.roaisknoo ' without first procuring thoromant of your oblate. • • (4) You will not pones', carry or own any firearm or weepoo, =lest authorized by the oourt. (5) You will live without viohting the law. A oonvietion In a court of law shall not be nä:Sellipri for scab a violation ro constitute a • violation ofyour proboUonkommunity ooetro1 . . . (6) You will tot woolen whhany person copse d N any criminal solivity. (7) You will not ties intoxiceng to excuse or ponces any drup or nerootlet tonne prescribed by a phystoien ,t4pr will you viol( , pimps where Intotbsets, dmga or other dangerous nib:unmet are tmlaWlbily sold, dimeaterlsor wed, • • (8) You will work diligently at s laydni oeoupatlon, advise your employer of your probation new, and eupport any dependents to the bon ofyour ablllty,se dinnedby your officer. (9) You will promptly and trothAdly answer all Inquiries directed to you by the noun er Oro officer, and allow your officer to lb. your home, at your employment ells or chewing°, and you will comply with all Instroolione your officer may give you': (I 0)You will pay readrution, court coals, and/or fees ta etoordanoe with medal condition: imposedor1n amniotic° with the attached orders. • (11)You will submit to random testing ea throated by your officer or the professional etaff of the treatment outer where he/she is receiving tranotent ro determine the pro MOM of alcohol or illepl•drugs. You will bo required to pay for the tap unlace exempt by the court. (12)You wilt submit two biological specimens, as directed by your offloth for DNA analysla as pnrearibod to as, 943,32$ ond 948.014. P.S. (13)You vill repors N pawn within 72 bows of your mien° from inouroaratleu to the probation eke In OUCH County, Monde, ulnas otherwite keno tod by the court or deportment (Th le *audition applies only If motion 1 on the previous page is °beaked.) OthaniAre, you mun report immediately to the probation office located at lidimattratignigaz 1,417 WORT,' Itt, 3$461, Page 2 of 8 Perin Revised 0348-08 EFTA00180783 11125/2088 15:28 3553626 , UittlAJI I SA<IMINSAL JEFFREY EPSTEIN CASESSOTOMICF.009381AXXEMB . . . SPECIAL CONDITIONS . . . . . „ . . . . I, You mutt undergo a Drug and Alcohol evaluation and, If nostrum le deemed necasery, you must sucomefully complete Ow treatment, and be mepopsible for the payment of any cone loomed while masking said evaluation alltrtilattaltillankilt waived by the court" ' • a • . •• O. • . • • • Additional histmotiorilorderedf ' •• . • • . . . • • .. . • • • - •• .. , . . .• ,.... , ... . . .. . • 2. You will nuke matution tolbe followinivictini(s), se beitticE lit the doors, Mud the obligation !soak) in Erik •••- • •• • • .• ••• - • NAME: ' TOTAL AMOWIT; S____H • Addltlowd Instruedons ordered, inoludini outdo • Monthly maim% begin dim, due ditto, otiolot 14 several:. ; '''.• .:.:;• . roes= von vo NAME1 TOTAL AMOUNT; S Additional ingructloos eidetic; Including specific monthlysmount, bogie date, due date, or„lotot lc month SPECIAL CONDITIONS CONTINUED 0 S. You will emir We. Department of Corruptions Non-Secure thug Treatment Program or other residential ttettilltml program/ProbstIon and Levitutioo Center for I period of Meadahl completion II approved by your °Elm You ate to remain until you suocasElly cont.:dem said Proven mid Aftercam. You aro to comply with pit Rotes and Regulations of • the Program. You EMS be confined in the oeunlyJeri until placement in said progrem, and if you art confined in the Jail, the Sheriff will transport you to said prognm. 0 4. You will abstain entirely from the use of aloohol and/or illegal dnigs, and you will not emulate with anyone who is illegally using drugs or consuming alcohol. K 3. You will submit to Urinalysis toting oat ThmiDly Wale to da.tormine the pretence of alcohol or illegal Mtge. You will be required to psy for the tem unless exempt by the court, O 6. You will not visit any ottablishment where the primary business is the tulle and dispensing of alcoholic beverages. K 7. You will ettooessfully oompitc haws of community advice at a rote of, at a work alto approved by your Meer. Additional Insirtiodore ordered: K L You will remain at your ratitclocia between 10 p.m, and 6 a.m, due to nurfew Imposed unless otherwise directed by the olnmt K 9. You will submit to electronic monitories, follow the rules of elcononlo monitoring, and pay pot month for the cost of the moidtorint owlet, unless' *them/leo directed 1)1 the oiWit K l0, You will not stseelate with during the period of auperulaion. K IL You will have no contact (diteot or indirect) with therlotIm or the victim's familyduring the period of supervision, K 12. You wilt have no contact (direct or inditeot) with during the period of nmovision. O IR You will maintain foil timo employment or attend ecboolMicutional school MI time or a sumbbstion of thheroYWOYX during the term of your SuP0444104. O 14, You will make e good faith effort toward completing baste or knotiona! Storer/ aldlls or a high school equivalency diploma, 0 IS, You will suocessfully ample, the Probation di Resdntdon Program, abiding by all rule, and regulations, s . . • • . Page 3 of11 Penn Revised 01-18.06 EFTA00180784 . • . lif 2b/ AMU 2 0: Ad Jebel:lite 1,MLMINM. rnIK 04:00 JEFFREY EPSTEIN CASEH502008CP009381A7CCME • " , • • . 0 16. You will attend Moho/lea •Anottytioue osNamotlot Mammon meetings et least monthly, velem otheinglle grata s" rl"•••• • • by the QM, • • • • -• • • .. .. . • 17, You mut atm.:Dingy corMslele Amer Management, and be renionsible bar the payment of any coats tamed while • • receiving said nutmeat, unless waived. If convicted of a Domestic Violence °flange, Sts defined in e, 741.28,1.3n . must 'nod end eucceetfUlly complete a blatant's intervention program, othoMhe directed by the oonil; • • ' 7:1 • m • Additions I leattuodoniMdored: • IS, You will ailed an HIV/AIDS Au/meows Prograniconeisting of a clan of not leo than IWC) (2) hours or more than SW • (4) boor. in length, the oast for whioh wi mild by you, : • • • t • • : O 19, You than with your pereon:propemy, place of raidence, vehigle or personal effects to a wturentIon mob at any time, by my probation or oommunity control officer or any law enforcement oftlottr. t • 0 20, DEFENDANT MUST REGISTER AS A SEXUAL OFFENDER WITHIN 413 HOURS OF RELEASE ▪ 21. ABA anon. cONDmON orals COMMUNITY CONTROL, THEDEFENDANT ISTO HAVENO. • UNSUPERVISED CONTACT WITH MINORS, AND THE SUPERVISINGADULT MOST DE MEWED BY . THE DEPARTMENT 07 CORRECTIONS •• , . .• • " • . • O 22. TMDEPENDANT IS DESIGNATED AS A SEXUAL OFFENDER PURSUANT TO FLORIDA STATUTE ' 943.05 AND MUST Astor BY ALL THE CORRESPONDING REQUIREMENTS OF THEETATUTE, A COPY OF WHICH IS ATTACHED MET° AND INCORPORATED HEREIN 0 23, DEFENDANT MUST PROVIDE A DNA SAMPLE BV COURT AT THE TIME OF TR1S PLEA. . O 24. SPECIFIED CONTACT WITH THE PAROLE AND PROBATION OFFICER • O 25. CONFINEMENT TO AN AGREED-UPON RESIDENCE DURING HOURS AWAY FROM EMPLOYMENT AND PUBLIC SERVICE ACTIVITIES 0 23, MANDATORY PUBLIC SERVICE O 26. SUPERVISION, BY TEE DEPARTMENT OF CORRECTIONS BY MEANS OF AN ELECTRONIC MONITORINGDEVICE OR SYSTEM • 27, ELECTRONICMONITORING 24 HOURS PEE DAY . K 0 2.8. CONFINEMENT TO A DESIGNATED RESIDENCE DURING DESIGNATED HOURS AND, 17 PLACED ON /MUG OMNDER PROBATION, YOU WILL COMPLY WITH THE FOLLOWING CONDITION OF SUPERVISION IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHERSPECIAL CONDITIONS ORDERED BY THE COURT: (14)Yrnt will peitielpsts In opeciallzed dm beetroot program. eller et tut in" gdent or out Polka', egrocommondad by the . treatment provider. You will attend all counseling evasions, submit to random utinelpris god, If en Impsilent, you will amply with all operating Mee, regulations and proocduras of the treatment facility. You wi Spay fbr all colt. eisochne &with vestment aid voting unless otherwise directed, Additional irotvotiong ordered: (IS) You will remain at your reaidenee between • p.m. gad Am. duo to a curfew Imposed, unless otherwise K dimmed by the oourt, AND, IF PLACED ON COMMUNITY CONTROL, YOU WILL COMPLY was THE FOLLOWING corn:P*O1ONa, IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTHER Mem, corn:trams ORDERED BY TRH COURT: PRO 4 of 8 Poem [Welled 0348-01 EFTA00180785 I 11/25/ 2008 15:28 3553626 WAWA I t2aMINPA. OW CO WPM EPSTEIN' , . CASE#302008CF0093131AX10:103 . / • • • • (I4)You will topoit to your Woof ie hoofed, it•lauf Onillini a Seek union you have written eorisentotheralus. , . . . .......,, . ' „ 's. e (PS)You will remote confined to your approved reedonto inapt for one half bow before god after your approved employeeeely .. . • — . • r . ,... • • • Public service work, or any °lb's. special ectivities epptoved by goer . .. • • - • - ••• • .-• • : .. ••416)You will releinioblen hourly accounting of all your 'olivine' one dolly log, which ymi-will submit to.yMarekfierto ginner& . " • ' • : • . •..._ 1.. . , (17)You will suooessfully oomplato bouts of oommunley rervice ate rue of_ el a WOrk aka approved by your officeet • . . .Additional inttructiona ordered' ' • ' '• - ' • • • •• .. . ..• • (IS) You will tubed% to electronic monitoring, follow die rules of alootronio monitoring, and pey 8 *mon, . 0 for the cost of the mooltodng s 'Moe, onion othenvire directed by the court • . '• • AND, IF PLACED ON pROBATION OR commirtoTY CONTROL FOR A BM OnegNSE PROVIDED IN CHAPTER s. agog, D. pz7.0t(, or 8. d47,014p, comivacTRA ON OR AFTER OCTOBER 1.)pg YOU WILL COMPLY WITH THE FOLLOWING rANDARD SEX OFFENDER CONDITIONS, IN:ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY QUEER SPECIAL CONDITIONS ORDERED BY THE COIffit (14)A mandatory ouribw horn 10 p.m to 6 stro, The court may designate. another $•hour period if the offendeee employment precludes the above apsollkd titne, and the alternative la ratottweended by the Depannwat of Corroodorta tf'the aourldetenninee that imposing a curfew would endanger the vlollni, the court may waddle sh;rnstivc tauctiona, • • (15)1f the claim wee under the age of 18, a prohibition a: diving within 1,000 feet of a school, day oars *own per. playground. or other piece where children togolarly congregate, as presoribed by the court Tbo 1,000-foot dbtanoo alull be measured. In a straight line from the offbndaso place ofreeldonco to the twist boundary Sae of the school, day care center, park, playground, or • other piece wham childterteongregate, The distance may trot be mount by a pedestrian route or automobile route. (16)Aotive puttoipatten in and sumeasful completion of a sex offender tractor= program with qualified premitioners epeolfleally trotted to trout sex Warder% at the offender's own expanse. If e qualified practitioner is not available width a 50-mile radio of the offender' a resident, the offender shall participate in other appropriate thenspy. (17)A prohibition on any comet with the viodm, distally or indirectly, including through a third Dorton, unless approved by the victim, the offenderb thumb; end the sentencing court, (18)1f the victim was under the ago of II, a prohibition on commit with a child under the age of It except as provided in this paragraph. The cowl may approve attpervited oontaot with. a ohlid under the age of 18 if the approval is based upon s. recommendatbn for COM tinted by a quellfted prooddoner who is teeing the ttoommeodation on a risk assessment. Purger, the sox offender must be currently enrolled in or have auceestfidly completed a as offender thompy program. The court may not • ittruu evparviled cannot with a child If the contact is not recommended bye guinead practitioner and may deny supervised contact Witte child at any the, • (19)If the victim was under age 18, a prohibition on working fbr pay or as a volunteer at any plate where dildrac regularly aourigate, inoludlng, butnot limited to any school, day olio center, puk playground, pat store, library, goo,therne perk, or malt, (20)1.1We'; othetwito indloatod is the treatment plan provided by the sexual offendor treatment program, a prohibition on Wowing, Keening, owning, or poweseing anyobscene, pornographic, or sexually etimuladog visual or auditory wannial, including telephone, electronic media computer program, or DOITTUter lit14001 that arc relevant to the offender's deviant behavior pattortt (21)A requirement thet the *Roeder submit two spool:nem of blood or calor approved biological spool/none to the Florida Dap:Inman( of Law Boforoamant to be regleterod with the DNA data bank, • (22)A requiremont that the offender make tostiludon to the vietbst, av ordered by the °Owl under a 273.089, kr all :memory medioal end rotated protauionel services relating to physloel, psychleuis, aadpsyckologlool care. (13)Subroission to a warrentlest ouch by the community control or probation officer of the offender's person, residence, or vehicle, Page 5 oft) Form Revised 03•I LOS EFTA00180786 • I' am LOJ an Jan 44: 4OU3OLO • . • , I MINIM...In. • ra•••• WWI vie JEFFREY EPSTEIN CASES502008CF00938JAMMB • • , EFFECTIVE FOR PROSATIONER•OR CpNlibluNrrx CONTROLLER WHOSE CEO WA1S CO~b ON OE ••••••:., ASTER Octosu 1,297 AND WHO IS Pla•CED ON COMMUNITY CONTROL OR SEX OPPENIntil PROBATION ,• • • • POR A VIOLATION Olt CHAPTER/2g, a. nil I. I07.071, or 3.147.01 ea IN ADDITION TO ANY OTIdER,PROVISIO/l • • . OF THIS SECTION, YOU MUST COMPLY WITH TEE FOLLOWING CONDITIONS OF SUFER , ATSIOple • „ , • . . 3 • , • (24) As pert of e boatmen( Program, partiiipialon ai•least annually in polygraph exuninarione to obtain InforMation weaeareary •;* • Management and toe tmen4 end to Sum the tosnfferidted denial inechentima -A polygraph examinalloWniiiet Si conducted bey • • •••••.-.: • potYraphOr bleed speclIkelly to the use of the polygraph ibr the monitoring of sex offenders, whore available, and shell bin* . e • ••••: .• • by the sax offender. . .•• , ..• • . (25)Meintarnanoo of! driving log and a prohibIllem ageing driving a motor volgolo alone without the prior approval of the sarpervielog . (26)A problbitlon against obtaining or using a poet office box without the pilot approval of the supervleing officer. • • . • (27)1f there wee' eexual'emtieot, a suluntotioa to, it the offcmicre expense, an KW test with thereeults to be released to tho victim • and/or Padden's piteDl or guaidleia•• . • • . , • • . . (28)Bleetrenia Monitorial 'When domed 'neceetuy by the probation omoer and eupervieor, end intern by the noun at reeommeodatIon of the Department of COIToodont• • . • (29) Effective It an affair whose crime war committed 000r after July 1,200; and who are placed on supervision (or 'violation of chapter 794,1,800:04, e• 827.071, dr a 847.0145,n prohibition on seeming the Internet or other computer ~vino Until the Wonders sax offender treatment program, der a life amassment is completed, approves and Implements a safety plan for Me *fetches modes or using the Intense; or Other Emily services. .• • (30)Effective for offenders when crime was committed on or after September 1,2001, there Is hemby [mimed, in addition to ' any other provision in !Memnon, mandatory electronic monitoring ass oonditIon of ruparvIttion tor those whoa Äro placed on rupeninon for a violation ofohamet 794.e. 800,04(4), (5), or MI,. 827•071, ore, 847.0145 and the unlawful textual activity Involved a victim IS yeas of age or younger and the °Murder Is IS years of ago or olden ir • As designated sit a texualprodator outman' to a, 775.21; or • Has proviously been centioted o f e violation of obaptor 794, s. 800.04(4), (5), or (6), a. 827.071, ors. 847,0145 sod the unlawild Kauai ectialty Involved a vioilm 13 years °fag. or younger and the ofliander le 18 years of age or older, You are hereby placed on notice that should you violate your probation or community control, and the condition; get forth In a 948.963(1) or (2) are satisfied, whether your probation or community control is revoked or not revoked:1,r= stud I be placed on talon* monitoring in accordsnoe with FS. 948,063. • • • • YOU ARE HEREBY PLACED ON NOTICE that tho *owl may at any time resolnd or modify any oftba oondltione Of Vow" • probation, or may **tad the I:Mod ofprobadon at authorized by law, or may dlichatp you Dom funhor oupervielon. If you violate any Mate condition: of your probation, you may be arrested and the court may revoke your probation, actludloate you guilty it . adjudication *taunt wee withheld, end impose any common that it might have imposed before placing you on probation or rialvito. • you to urn the balance of the tratonoc. . • • . •• Page 6 of 8 Form Reviled 03.18.08 • EFTA00180787 1 C. • 1 1 riblOOM 1b: ittbib2b t . • VÄKUUll neun. .t• fi VO JEFFRIN BPSTEIN CASPASOUNC13009)81A.700:MB • • • **). • .:. • • • .* .• f 1T •Ifeterrlikli tailDSRID ihn( witlialoti.haglititsianitruehM ai hitha kondidom of yrobation, you ;Wal he, Dealte frort : :•. :• )•.: , • htlatadylf you In outtody; and lt 9oti ere atibeiejrn band, the euretim thoken ‚bin stand ditobernd kom erhk patente applion oniy itscotIon I ortewen 2 it obeolted.) . . • • • • • • • . • .. • . • • • • ..... . • • • • • . e • - • • ••i• - a•-• • -- • "• • • • •• • • • -•-• •• --• d • • .. • ir f8 PIklan ORDERED that theOlerk ofela °out fils this order in Ute Cletlet ofiko end pnrylk 4rtl0ed coyits ofebnino: • • • the Aha kr WO to cornplionso with !botequermonte of law. • • • • DONZ ARD ORDIArD, on ,1• >>1•1 NUNC PRO TUNC 06.30.2003 caonden K. MoSorley, Circul bete. I «kmwittest rankt of a oopy ofthle ordet sed (lat tim *oral= har" be lained tomt led f egna to tkido by them. . Instructed byt op/07.02.08 Superela& Moor pbfeackt jagt 7 of 8 Form Itovike 034 tiet EFTA00180788 11/LO/Zdtlti 333 ,a4g2 JEFFILEY EPSTEIN CASE(1302008CF009381A.XXX148 • COURT °BMW PA'YMZIff$ • • • ▪ • • • • . . l••111,AI. I •IT\olkl•ILI "Vom Wen sms • . . • ' i . .. • . § • F ,,, Total of fbi‚ ationed In sabino; munont to i. 775.08 M 3 (1)(i) througb (g) or Chogter 316, F,S, , . .• • • • • . I'• --•••. • •• • - •• , • . 1, •,, Stalmorny mendoted 5% stachugehmt Ir gno tatated (on fint HM) punnuint to o 9.38,04,11.S. . ' . tab — CrIMI Stoppen Trutt Pund purizonl b 3, 938,06(1), P.S. )5131y1orllo rtmcbtedif t fibe li Itannitd. ......... -1.0 . : am• • 1..' • • • ••%1••• .•, • 1 • ..•• •• . MANIIATORY COSTA 13(41.f• CfogliS Adbilonal moticoit for (clony atonio, puritan ro i. 938,05(1)(b, P,6, ' • Addillonal roni tort for mlidamanor or er:telna( Irino otten^ plant to a, 931.05.(I)(13) 4i' (4. P.B. Crime' Compiniallon Troet Fund pomani lo i. 938.03(1), PÅ • . • Coun ly trim. trovsnilott Rod pumom to 775.083(2), KS. . . AddltIonsl Cent Coits Clearing Trut Fund purront to t. 930.01(1), P.S. Pet mobb for mok monik of iumtvislon for Tronge:g Trust ned Autokary, pumbnl 03 e. 9.48.09,71.6, 3ILSBDAT9IIRY COSTS IN SPECIFIC TYPU OP CASES • • Rape CMII Program Trutt Fond, matuant to t, 938.083, PS, tar ny violetion3 of n.784.01.1, 784:021,784,03, 714.041, ' 784.045, 784,018, 784.07,184.08, 384,081, 784.002, 714,083,784.015, or 794.011, ne. . • Domoble Wolinom Trott Fund, ponymi lo 938,08, KL formy ‚ brogom orli. 714.011, 784.021,784.03, 7841$1,784.04S, 784.041, 784,07, 784,08, 784.08 784,082,784.083, 784,085,794.011. IT sny orfom of Domoido Violetto dotorlbod lit . • . • '• . . . . Gamla CrImie Auing tdInors, mmml lb I. 938.10(1), P.S. for my obl:done of s. 784.085, dugt« 187, c8 arm y94, tr,' 796.03, a 800.04, glupte, 827, s. 347.0145, or i. 985,701, FA, Co" Parmami to a 938.07, r.s. for esy bol:Atoni of ø.316.193 os 327.35, P.5. • • Stoa Agamy Law Bilfergen:sot Ro dlo kitom Tital Fund, pumom( to a 318.111(171, P.S. for my vlolallons of ottonom Seid In 5.318.17 IncludIng u. 516./93.5,316.017, 316,051, 877.111pchmur 893, m316,193,516.192, 516,067, 316,072(3), 316.545(1), orany olbor grimm N obmiar 316 Web banlfied ti s odm nal obli:floa . .• '• • "1 • : AtANonony COURT COSTBAUTHORIZSD BY LOCA L OOVERNMIUSTAL SNTIT1E$ as 0 L-L9.2 Crlognil denka Lduerition by Munldpilltlo, and C01111 liti, putioont to e. 931,13, P.S. AdIntimt] mort onn for lon] me ulic:mani and ther county fundid programs purmiat to i. 939.185(1)(4, P.S. Teie Coon pumom tor. 938.19(2), P.S. DISCRETION4AT Ø Pta moro}, &dog Mo tone of mmervIelon lo Mo foll mang limnofit organization amblItInd for the solo purym of supylomindes Oto rehebIllimlm grono of tho Dopirtmem of CorcetUati. mmmi lo s, 948.039(2) PS.: UM rubb Difinder ApplIntlon Fi If sot preolously otllootod or tobtod, mimt lo 27.52 ond o 938.29, P.8. S Ihblk !Mmd« Fis and CMI, Forsolol lo t 938.29. F.S. O P dalarmlud lossJI5. 829,5a PromoutIonAnvoidgodve Ceeh, pursvont b a 938.27, P.S. Otben K Othte DISCRATIONAIRY MOST< PnR storms«, TYPIS OP CIS FR Cnoty Altohol and Orber brug ‚Sum Truet Fund, portulak lot. 933.21 ond 938.23. F.8. for vloldont of s. 216.193, a856,01 a,156.015, or obloty 362, Motom 367, or Mimo? 561, P.S. O $100.00 °wafli. Trutt Fond of tbo POLS, pamiem to 3.938.25, KS. flor golollotu oh, 893.13 afonia ' TOTAL J gagl PAYM SAT 113 TO BE MADE THROUGH AND PAYAO LE TO: ø Dcparimont of °imellom' or O Cldrk of Conn Of oolksbd by the Sametimom of Commdoni, 4 idrobitge ef4%xlll bo edded to ill paymoms ordored by the omal, pors-mot lo i, 945.91. P.8.) K Courl CostifFln WWW K Q n n Corts/PIncs In ilmasounl of convoned to, oormottalry milte hom K C9ITICcobilAncs In ihe UDOI»: of nduted b clvii Jodynom. 212CIP1C MSTRUCT10>IS FOR PAYMENT: Pap B ofl Fonn Rov-Ned 03.18-08 EFTA00180789 •••••••••...... RECYCLED PAPER TO REORDER CALL. 954446.9399 EFTA00180790 tr • : (7,t... IN THE CIRCUIT COURT OF THE FIFTEENTH JUDIC j, suKr„,------- UILWAD4GR-ME-M-BEACHTO Y. f LORIDA STATE OF FLORIDA CASE NO.: 2006CF009454AXX DIVISON: JEFFREY EPSTEIN, Defendant. NCI R &ea ORDERSEALING DOCUMENT IN COURT FILE THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case no ber. The Court being fully apprised in the circumstances, it is hereby: GC/u4' ORDERED AND ADJUDGED that thttocument filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this P.? day of July, 2008. BORAH DALE PUCILLO Circuit Court Judge Copies forwarded to: Jock A. Goldberger. Esq, Counsel fur the Defendant 250 Australian Avenue South. Ste. 1400 West Palm Beach, Florida 33401 I.anna Belohlavek. Esq. Assistant State Attorney inicrotrico $1\.• PN?, t EFTA00180791 w••••••=iL LEGAL 66lCLIDMI® TO ..ONII CALL 951441.9399 EFTA00180792 ) IN THE CIRCUIT COURT OF THE •IFT-BENTH-JUDICAtel!R:CUli IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant. Case Nos.2006-CF9454 AXX 2008-9381CF AXX NONPARTY E.W.'S MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS B.W., a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these film on the following.grounds: 1. EW is a victim of sexual abuse by defendant who was convicted of procuring a person under .18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit "A".) B.W. presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB. 2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit "B".) 3. The sealing of these documents was done without written motion required by Rule 2.420(d)(I) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the EFTA00180793 • • grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(d)(4). 4. The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046. 5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38- 40) (Exhibit "C".) 6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, B.W. has a right to have these documents unsealed. Furthermore, these documents are relevant and material to B.W.'s civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas, They are proper objects of discovery. However, unless they are unsealed, E.W. is unable to obtain them or utilize them in her case. 7. Pursuant to Rule 2.420(dX5), the Court must hold a hearing on this motion in open court. WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents. CERTIFICATE OF SERVICE CI HEREBY CERTIFY that a true and correct cop.), of the foregoing has been served I U.S. Mad and Facsmile this ( klay of May, 2009 to: Jack Alan Goldberger, Esq., ... . ---- Aiterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. EFTA00180794 I j ROTHSTBIN ROSENFEStrATTLER Attorneys for Plaintiff 401 Bast Las Olas Blvd., Suite 1650 Fort Lauderdale, Florida 33394 Telephone (954)522-3456 Telecopier (954) 527-8663 By: Bradley J. Edwards Florida Bar No. 542075 bcdwardsarra-law.com William I. Berger Florida Bar No. 197701 wberzerarra-law.com 3 EFTA00180795 I I I" N. %al Ultl/Flrh!) • Pt :INA:4y ••.r1• I • •1 00 IV 1%*— (A s? ! IN THE CRI‘IINAL an MON OF II J.,ecel r COLRT OF THE FIFTEENTH CIRC1 IT OF R.ORIDA. IN AND FOR PALM BEACH COUNTY NI gels NV BE 5VAYY STATE OF FLORIDA I I I I 011-wty icitic) ar r DA'It OP BIRTH RACE CIENUf.it vil COMNICNITY CONTROL '4 IOLA MR PROBATION IOLATOR CFR 20080267322 OR SK 22760 PQ 'mai RECORDED 07/17/2008 08:52130 Pala Beach County, Florida Sharon R. Bock, CLERK & CORPTROLLE Pg 1081; (log/ SOCIAL SRO RITY NUMBER JUDGMENT The shove Defendant twine ersonall before thls Conti re <rented S. id bej ta t" / I ) HaN hog been KIM and found *Why of the lc:Halving crIniels): Hoeing enterod n plea of guilty to the following crime(s): ( ) Having entered a plea of nolo contendere to the following crime(s): etlorne COUNT' ( L ci/ RIMbfreuti Sio (1,\, OFFENSE ST,U E NJ:SIC:fen:IL ) I UEG HEE and no cause having :Icon shown why the Decodcoi should mil he adjuthemed yr is ORDERED THAT the Defendant Is hereh) ADJUDICATED GUILTY' of the :those Miners I. and lon ono bola Wilt toed nr found godly of. or hat lag enteral J plea nfoolneontocalere ow suolty.revahlless of nobinllention. to attempts or often)* Mahn; to :.exonol !lottery cell. :oh Hod artd hocr.o•on conshoet 800,. or murder Ii - 42 04J. aggravated battery ($ 784 045o burvle, is. RIO 02o. tail:lain 4 4 SI: I331. ur home moony MOW) It SO In'. 44( 'XI) other offsobe 'moiled in •ect(on 943.325. the ikkiklani Jul' k resisted hi vamp: NOM' Ireell'Itfl• I ass: snsf...pc..ts• •h• IT N ORDERED ill ti DICA run I ip Instil.' I) SEN IR ST11I•D I i I'w(''mto Lerch!. •t.o.. othh..q0. I • r...:1• no( ‘entsobe e. .• arA f a. e. • oa,,i,L,,p on I I PI.J'illoulai'd.w ".• 'ohs.: • .7.:ft..• ••• wog:sins ,./rral.24,...• 'et Perth on $r Nix° er.Hro SEN I E\CE OF.FERREL1 I ; Th: l'o•zn NM, Jefen. imago:non ,cattr.e r •44? IN:l.:•..4.do .11(k...: t .• ..ru :.• 4 I.I.43 .4 1" • :.,:hr s• :cps:: :r •c::::., I....1/44:'< 4 1/4'. :::•r.; ' • in: .4 arpte; ...!' '' . 4 1.1,*A. •: 4 • mai A.III.II rIll) ILI:, • I • e•A ••*$ l'-: j ai: . •rjl•‘ : • • l• 7•0•C.I.1. ple`Wal'or. ••••••}1•••!;'•.I• ..'" • :L'• .km1% air o I ry s::!,:st::: us J i • :t...,! •• " • • ..:14 °. .::: P h.••4 .0 • •cf e 'op AO! :n •aki••;:•eas: -rre.e. ar < `".•:0sgeGre • 71!T< St.t' S .,f.': ! ',.. .; 4 idou(r:. ".1 \ ti t:h aat 92 0 • . 1 ,,,,,f9 .. ..4. ,....• i A 4‘11" -r ' ' If. EFTA00180796 I . ,.... • let k-) ) 4-1 (...." y . ("le «MIMI. DI VISION OF li ‘, •ACUIT COCRT OF nie . I:IMU:1Sn «MAI. CIRCOIT OF FLORIDA. IN AND FOR PALM IMAM COCNT Y CASE NO ORTS NL. STATE OF FLORIDA s ay P i er k i n ITENDANT • Ml OF I TFI RACO GENOM SOCIAL SECURITY NUNIliER FN 20080267252 OR BK 22760 PO 0563 RECORDED 07/17/2088 06106;42 Palm %lob County, Florida Simon R. Oock,CLERK & CONFRIDLLER Pg 0565; (lpg) JUDGMENT The ahnve Defendain. balni rorsonully beforo this Cunri represented by i J Kylna been ula and fotord sol Ity of ihe followlny almen: )6(k;r FInvIng tub:tein plen of gulhy to the rollowing cdine(s): I (alturne) IlavIng eldare(' a pien ol nolo contendere ro the followIng crimers): i lRifIN.512 ftd..47 OFFENSEST(RITENONI9EMS) 761i, .0 DECREE UT- X . und Ml tinne havmg ben) 3hown why ihe Ocrendanl rhould thn hg adjudieuted gent). ORDERF.D DIAT ihe lkfcndani Is licreby ADJUDICATE0 C CILT Y of ih• chose erlmoisi.. 1 I and hallny horn con% i.: i•d or kund pilt>. of, or ha% In g entent., a pien nf nuln ci inb:nib:fe ,,r a oily,regarolop, or ojsoyen,,,,,k lo dump/ s or ciffonses Mating in >gasol huicry Nt. 791i. Ind und lusan inol einkinei Nb. S00,. or 'meder rs 7$2 04 r. asgam> med haltery is 34 0J5•, hurpl.x) ox $ Ii) 0.7i. varsk:kos n. 3 I :.', I33i, sir home in> Mull (0111W1) •c SI3.13Si. or an> eder ofronae speciEnJ in setlina 943325, ihe defrnJani (hall N: regin& in >ohm biflod SIM:11110114 . I i aral yoi•sl ,...,,,,, hoa.; ,noa n fr is OH 1)tilt CO TUAT ADR 1)R 'A TION DI. i Il 'Il (III% svinna:i I.1 • • • • • i SEN I ESS'''. i I In; roat/ hergh) •tay • denI o ithho!J• iiaroo•tori of iCri1C11CC a> h • ..nJ pi.s.e. die Dofenslan on ii '.'l . 4 STA YI:l P I I Pi. 'Korn aNt or i i conniunity cdolial %Wo. i hr si.r<t> Ni.ro nr tim i kim lireMICtIliills 4110651/0‹..re, a,,,. ,r to isch in Seratato oMeri i SENTIIN DEFTIRRED Cti I I 'th: C•ari l•orth> doisers iniposnina of ii:111:0CC 111101 ......_......... ..... _»__.. ....... ....... . .......... . rh,: tiound.,ri in or, im r al • J. a•N :. <41 ,,i h. : shi lo grt.il **ini ib: 1.,01e.•:••4 u„ tg ..; -.4., ; ••• ..nya n r . ta s C :i st.* • i ...in niinitt Dat; •le • I 1..H. 11'$1150 'Lee •?^.:CrIst h re:r.•:.1 nt roh,tuan ••••ederr•ltirmiart to 1•:• .4b..th.O1O t 1 Th.• 44.ntititt: tia. 4.1 . ,il.:•;3.•9••• flin io ois• iosi,ie,: . .1 tu v7 -.•r 1 un..1.ing ..ud _riv.II aP-Ibye c.r.'0,e ..I :Ib: 'ZInte gryn O:•ftej (INI:j.K.45. . . .. . L a d _ • f e e AND i JR; ..• ih , ii.d.%11.: n C. ,ther.h.;" %La 4,04_ s•) eke , fr i„.4. i ii: i x). I i cosimesrrv CONTROL VIOLATOR I I PRODATION VIOUTOR i ml antikt R Ix E EFTA00180797 IN THE CIRCUIT COURT OF THE FIFTEEN PALM BEACH COUNTY CASE NO. g (9. C F DuCi S th4 STATE OF FLORIDA vs. -.5,2 .02,7 Erste; n. ON -7,)1) ?1,00' DIVISION L j 3 c? Li Psychiatric (Medical, etc.) Report dated from 1=1 Presentence Investigation Report dated From ig Other NO7 - Pros /11)1 ,477 SEALED IN COURT FILE, N92" TO BE . OPENED WITHOUT ORDER OF COURT m om O.0s to EFTA00180798 IN THE CIRCUIT COURT OF THE FIFTEEN. JUDiCIA,GMGVIT-OFFLOPUDA, IN AND PALM BEACH COUNTY CASE No. CloCP" O0 193Y 4-)<\.1 STATE OF FLORIDA vs. oN ?1,A-101) DIVISION psychiatric (Medical, etc.) Report dated from lj Presentee.) Investigation Report dated from AUG 3 8 2008 ,V othar 4OditAce.44 7D ,kott Mu, Prole claC, SEALED IN COURT FILE,.N9T TO BE OPENED WITHOUT ORDER OF COURT EFTA00180799 IN Ti IE CIRCUIT COURT OF TILE FIFTEENTH JUDn‘l,,„DAL:44;I:E n-------- aa, lltD.SOF-P-kl:M-IMA-CTITTICTITM.DRID A STATE OF FLORIDA CASE NO.: 20060:00945.4AXX DIVISON: "W" JEFFREY EPSTEIN, .. • ' Defendant. PjG R PEP ORDER SEALING DOCUMENT IN COURT FILE THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a pica conference in the above-referenced case nu bar. The Court being fully apprised in the circumstances, It is hereby: oAdtkii ORDERED AND ADJUDGED that th4 document filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file. DONE AND ORDERED In chambers, West Palm Beach, Palm Beach County, Florida this ;2 day of July, 2008, Ana G 0)litarS BORAH DALE PUCILLO Circuit Court Judge Copies forwarded to: Jock A. Goldberger. Esq. Counsel fur the Defendant 250 Australian Avenue South. Ste. 1400 West Palm Beach, Florida 33401 ' Lanna Belohlavek. Esq. Assistant State Attorney interoffice) . . . . . • • - • - • • . . . . EFTA00180800 • fr) IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR .RPA;Tisr BEACH Dn C T ISOUIONN 9 10 11 12 1 STATE OF FLORIDA I vs ) JEFFREY EPSTEIN ) Defendant. ) va 1 CAE NO. 06 CF9454AMB VV 08 9381CFAMB yin . N • • ::- . , Fii-.": 7 • r ..O....-gi t..? ,...7 ''4 -4,.,: r..) ill /7 ?'n r\> F : PLEA CONFERENCE • :::%.t) :71-0 ): .17 117 i::451 9 c.) PRESIDING: HONORABLE DEBORAH DALE PUCILCOP:Sn: ..rr4 , :• : .„-- ••••• APPEARANCES: 13 ON BEHALF OF THE STATE: BARRY g. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 22 ORIGINAL 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 3:40 o'clock, a.m. PHYLLIS A. DAMES, PORTER . . . . _ • • - • - EFTA00180801 1 2 t_.14 on that, Your Honor? THE COURT: It is smin4—ta—be 3 recorded. 4 MR. GOLDBERGER: That's fine. THE COURT: Defendant needs to 6 approach as well. 7 (Whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agxesmant. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for. any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. 'GOLDBERGER: Absolutely. That 38 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180802 39 1 nonprosecution agreement I S 2 MS. BELOHLAVER: They apal.1.-a-1-1--biret 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE. DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDS F.RGER And the plea ..... ..... .....__ ..... PPM PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180803 St I 1 3 ( ) agreement very carefully spelled out if 40 11.---4-ha-e—watrit—Vralate this agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that -- Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? 14 MR. GOLDBERGER: Absolutely. I think 15 16 17 18 19 20 21 that's the right idea. (Return to open court.) THE COURT: Mr. Epstein, is there • anything else? THE DEFENDANT: No, ma'am. THE COURT: Because I don't take• these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want somebody or anybody coming back_a_ yRar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180804 0•••••••••••• ailm••••••••••, all••••••• • - 1 777 =1 77:7 7.7-7 RECYCLED PAPER TO REORDER CALL t54-846-9399 EFTA00180805 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2006CF009454AXX, 2008CF009381AXX STATE, vs. EPSTEIN, JEFFREY E, Defendant. 1VIOTION TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW COMES NOW, Applicant, B.B. and requests this Court, pursuant to Florida Rule of Civil Procedure 1.230, for leave to intervene as a party in Mr. Epstein's criminal matter for the following reasons: 1. Applicant's intervention is in subordination to, and in recognition of, the propriety of the main proceeding. 2. Applicant stands to either gain or lose by the court's direct legal operation and effect of judgment in the pending matter. 3. Applicant is not injecting a new issue into the pending matter. 4. Applicant's motion to intervene is timely. EFTA00180806 5. Defense counsel, Robert Critton, Jr. in the civil matter, does not object to Applicant's motion, but Plaintiff's counsel has not heard back from Defendant Epstein's criminal counsel, Jack Goldberger as to whether he opposes this motion. MEMORANDUM OF LAW Anyone claiming an interest in pending litigation may at any time be permitted to assert a right by intervention, but the intervention shall be in subordination to, and in recognition of, the propriety of the main proceeding, unless otherwise ordered by the court in its discretion. Fla.R.Civ.P. 1.230. "A person seeking leave to intervene must claim an interest of such a direct and immediate character that the intervenor will either gain or lose by the direct legal operation and effect of the judgment." Lityak v. Scylla Properties. LLC, 946 So.2d 1165, 1172 (Fla. 5th DCA 2006). Additionally, "an intervenor my not inject a new issue into the case." Environmental Confederation of Southwest Florida. Inc.. v. IMC Phosphates. Inc„ 857 So.2d 207, 211 (Fla.lit DCA 2003). "An intervention is thus only appropriate where the issue the intervenor raises are related to the case being litigated." Racing Properties. L.P., v. Baldwin, 885 So.2d 881, 883 (Fla. 3rd DCA 2004). Once the trial court determines that the intervenor's interest is sufficient, it exercises its discretion to determine whether to permit intervention. Union Cent. Life Ins. Co. v. Carlisle, 593 So.2d 505, 507 (Fla. 1992). "In deciding this question the court should consider a number of factors, including the derivation of the interest, any pertinent contractual language, the size of the interest, the potential for conflicts or new issues, and any other relevant circumstance." Id. Finally, an intervention is generally considered timely if it is made before a final decree has been entered. See Technical Chemicals And Products. Inc., v. Porchester Holdings, Inc., 748 So.2d 1090, 1091 (Fla. 4th DCA 2000). Page of 4 2 EFTA00180807 Applicant's proposed intervention is subordinate and in recognition of the propriety of the main proceeding. Additionally, Applicant will not inject any new issue into Mr. Epstein's criminal case. In fact, Applicant's intervention is for the limited purpose of joining already intervening parties "E.W." and "the Palm Beach Post" in their arguments regarding the sealed Federal non-prosecution agreement in Mr. Epstein's criminal file. Finally, Applicant's interest is of such a direct and immediate character that the Applicant stands to either gain or lose by the court's judgment in the pending matter. The Applicant currently has a civil complaint against Mr. Epstien regarding allegations similar to those in this pending criminal mater. The sealed document may contain discoverable information or may lead to the discovery of new relevant information. ate Fla.R.Civ.P. 1.280(6)(1). Additionally, the document may contain valuable impeachment information that the Applicant would intend to use if the Applicant's civil case proceeded to trial. WHEREFORE, Applicant, B.B., respectfully requests the Court grant B.B.'s motion to intervene in the pending criminal matter. Page of 4 3 EFTA00180808 CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, thisil_ day of, \ &We , 1,(Xlif to Jack A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagler Drive, Suite 400, West Palm Beach, FL 33401. LE0P0LD-KUVIN, P.A. 2925 PGA Boulevard Suite 200 Palm Be Gardens FL l0 By: ENC y7T. KUVIN, Esq. Florida ar No.: 089737 Pdge of 4 4 EFTA00180809 = r7n 777 777 — 1 n LEGAL RECYCLED PAPER === 1.: TO REORDER CALL M4469399 EFTA00180810 .14 I i p6-01-' 09 45:34 R2M-THOtilAS & LOCICE19 8139843070 • 7-988 P003/007 F-845 •• IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIÄI, CIRCUIT 1:. . . AND PDX PALM BEACH COUNTY, FONDA 1' I . . . • CRIMINAL DIVISION ' • I STATg. FLoR04:. :! • • . . • • • I . • • : 3 4. : I . JEFFREY EP8TEN • ; t iI • ?3ri li . . ; . ).s•v Case Nos.: 200g..49F9 ):1454 81 . , . • ; 2008.9fCF-AX ; • ' WI ...„' ..H . -4 Il l Pi 'l : 1 tli : i 1 I .1 I il i AX BEAU T'S MOTION To (NTXR'VE(11/ ' ., . i: •.' 1 .5 •:1; ' . •,H; TIO I/ e li ti:: : ! ill' ; 1. ':. ': l • I ; II, • I.' I . • fi ,'. .:' i • • , . . ii I! tkillm.IEloioh NeWsiJapests, Trio., a The Palm Beach Pöst (dte! ost") moves to , i',' , , T. ; "! • i ; '.' i• . ; • • i • 4., ,. . , • 111 i intorvgain this acta for the limited ose of seeking ao4ess to'dedkunents filtd under seal. lisi • : I!. ris : •• • r''. I H ! : • • t; • .• • Ell The documents vela e directly to the Dof dant's guilty plea and sentence.. Thus, the sealed . : - • • • • iii • documents go to the heart of the. dispositign of this case. 'Hui In re4u'esling that hidge Puoill0 !. . ' • ... I • ItLki 1 i - ' • ..::; seal these i i se'clootiMen,;titelPitrti .4 1failiid to omply with Florida's strictkocedural'and substantive • .. i . • i i . , . •.:: •• i i • mph' aids fot sea1ingjudichil records: n addition, continued soldlitgli of these ¢ocuments is • • : • : N I : '3! imitttiess, because these tioceMenishave tieen discussed mpeated ti” i 4:eh court Scords,: Por all • • ` - . • , , . . . I' • '' P i 9! ' s i of these reasons, the"dopuments :Mst be ed,•As gniunås för s Motion, the Post states: i I i : .. • .:. i : i i : , , til 0. i. . . , :i.p:i : !Thelpli'l, . •. : A 1 i . . i hil a:ChillY nrspi er that has coveted this' titter end rotated : . .. i I li lj 1 i 4;1 proIcicieht is.. In an 'effpi tt!t' in' fei:mlits rea 0 ' ut ' ,: concerning these :nit er the Post Telies ullon • ' : . • P -i ii .. Kr' . isit4 "het tilliigs ,l'eweeforeement roc rds and judiciel •records? i •ill e• 1 „Aeitinnembetiollthe news edia, the Post boa to Intervene criminal ji : '. 11'2 : .,'• i • 4 f ,; i I I r I l• -y I Inga tc:t the 4M;y51 iiiMpisei of seeing access to proceedings rand records.' gelJ3azron v, 'It' i • ' Florldå FrecdoinHoVisPagers. Inp..531 S . 2d 113, 118 (Fla. 1988) (news media have standing .i: . I • . l?. I : ii : to ohal enge eriy closure cirdee);Miami Herald Pubfg Co. v. Li:y(405i So. 2d 1, 7 (Fla, 1982) . ' 1 1 i! ;I ; .., • . • (news Media must be Oven an opportuni9 to be heard on questlon 'of cipeete). . ii 4 . ' . • . I • • l• • • I III4 i • • : 'I SI i • : P ' ii; , i• ' . • 4 1: • . i i, . • .: I 1 .., i{ :, I. •1 1 i er : 1 ' I • • s. • . . . • i : • • i 1 i 1 4 94 ! ' I P/11 I • • hi • • .a• * *4 I I i i • % V i i • ash : • . 4 5 • • • i I trOl i i ..ir i i I ; .1; . L2 l i . Pm ' g • . i. i . • . I g : • , • ..„ • M. n . • ji ;CI • 1 I. ! I • ,II,'.:I: 1r • : ,i' ., i i. L. .,. .: , • ,• i i ,•ii,;1;;.,(„ tr: :• • .. • . ... • i . i 1 EFTA00180811 i Il. • •9: : .ki ! ! • The mirth:Mier documents A, ,,!.. i .i. I; .„ i• • ..i • . !.. . ilj j that Walk dricketed Ospohlly 2;2008; ahd an : sr ‘, li i; . • i. ,ik 1 Iitheie il '611Menuelipirentlyiestilot any fec ?;; 11 to tha concoct to which li6 p‘eaded guilty i • kk:, • i r.H ' : '' :-. • . • .. filing d)ulrig a bench•confetence on June 3 i ii .. , i i I signifieant'iniMoenieht M accepting this PI i it ‘ . I Iiiii. : . •!, ' : I. t ; •i l; I. • I, 1 .1, • ; il,..1 . . ; :: I are Public record. llete on' i: KO .. i : ; I 1465.(4111Cii, 1990)1("plea agreements ha .1k 3,1 i:4; .; . • • '• .... ; .._. . n i, .! :I: '..: • ; . gosnatia, '7.96 r.3c1 13.90, 1390-91 (11th • ..ri • ; I;;: :. • • ' ••i -.• .;, • Pi : ..!!!4 . If 5 plea end sentencing eorildbe.aesrlodlonly . 06-81-'09 15:34 FROM-THOMAS & LOCIC6Rb 8139843070 . ! ; T-å8 P0941007 F-845 i • • . !' 1 • . $ . . I , I -It • i . • 1 ' 1 • • . i • : : . I : . • ' di: • • i I der seal In this °Mitt are rrprosecudon agreement , .: ••• : ! I ddendutn docketed on Augiti 25, 2008. Together, oral prosecution of the defeirclant for offenses related i • • ; k ' _. this case. Judge puoillo aecipted the agreement for . .1; , ! • .2008. The agreementatidge t'ucillo Found, was "a a." Stroh agreements anielated do ents typically ":,• . :i ; 1 . i • • . lifs' 1 920 P.24;1462, typically been olientoritf:iteP;;u1111o"); IiLted 9 • 1rites vi. 1986)(docume,Se laWfil f!p rifendelhf a change of P,' ; i finding of a «impelling hit4est thal jusdllird • • r'•h• !! ti ; i i dent.] f Public ettela).. i - • i' •1k.. i ' , • Ili,ii! I i; .:, . ',.. .0liikli I, !: i1: ;1.1 . . 4.1! . Iliiir pflda CnnslltutiOn vides tludjudiclal branch . re.4otils ge;Sally must be ti" 1.1 .1 1 • .. ill. : -it... Li. .1 .. , • • , ..1 ••I i i i; i• i! k op4ir f' icpnblie Mair4itjOi.ieliArt; 1, § (a), Fla. Const. Cloaurenf in, record la allowed ' ,:•1!1., l' . • 1 ri r S .:k SI ' only unifei narpsW eircuni.etinces; such as "prevent a serious end imrrånant t to the fair, -.:;i • • i. i .--r--• i , . 'it i i j._ • ., i :1. : . i . r 1' . %. • ‘ ! linplithill wick Ordet1),,adminiatralon of jus 'co," or to protect a compelling .gove ental interest. It. •• • :', : • • r • ! I k 1' ! :k , ! 212 FM. 12: kid. Admin:2;420(:1X9)(4 liclditionally, closure *nuil•kis.• active aird no broader ',Eli ; rli il _.s., — -Pi ; 3 ••• ••.! i thantece.s.sary.to ac4oraplisfilha desired,purpose, and la la...ire:on! if no less res Ictive : • ' * .1. • •• i • i: • ' .. fr;'. 1i I ;14 i • . t. 2 ! I.! ' • : , :: ;; • ••,`; i • ! rneasTs will ancordpilah. that plinwse. Fla. R. Jud. Adnint a,. i',./(c+)(B) .i (C); Likrmas,' I' • , •••• I' •4: • It- ! 426P .Zd at 8.: VI; ,k- i i: . : • I.' .• ;j ' ‘ I • ' ; . : i • ; c , ,....„ ..; _L• „._ ,_ : ' k • • : • • !•• ;•••• - • -A 114 "'Yu! the 9"11-proses 1011 agreement anklaf4i,itli3•4rlidetrdulni were isaed I 11);.• ' • ii,' : 1 withioult, any of; the:regtilis'ite'findingp. Re er, it appears flom. the rknYd), the; documents were . • : • ; • i . : • i . .. ,, ; ' [.. ' ::.; i : . .. •. 11.L11 1 : i I • sealad 'Merely tern! eiheDetpadairt's nsel represented ta•Juage:nrCillo thit the non-. •. , .•. • • irti ', . • ! ;• ' i •, , •: : . ' • Pii .• '.. I . pr4814c - kin agreemin "di a oumenr 5_qg Plea Co nferes1ce TranaLipt page 38 i ' %, • , ; . I . ,, : . • • . • ••1., I i I • : ' l i t . . .i l l i i • 4: . . i • i • • • • 1 . I . • . ! 2 • ! Pr.1.•rii .1 ! EFTA00180812 •:,.. . 0 :. -..es -K Lib 15:34 NEM-THOMAS & LOCICER0 ;„;.• 4 ., . ••e 8139843970 ; • T-988 P005/007 F-845 • • i / I • I' . • . . . I •. 4 , : . • • (June 36 2008)- Such a representation fbil4well short of demoosn'aung a compelling Interest, a .' .• . ..I I • ii! : n 1 i •.: i• . , genuine necessity, nave* tailoring, end lb+ no less restrictive meastpti ri I suffi . ' , . • : ; i • Elk.' : [ ,m) -lir ." • I." ConieVentlYr the se sling Wm, iroptcper an ought to be sot slide; 4: hi . . . • • ; • Wa.,i ; .. A, ‘. • i : I I g. •• ! in &Man; at this time goo OEMS exists for ulnas' lin '•*e ts beaus* of . I. ' El; I I: I . . • • !.. 1 . I I : ; :. ! their bile sign r Shwa the Defen t pleaded guilty to poi .. ng a; mind 11! 1; ili:13 prot: , .' 1 :::: I , I •in Z • Zit. this else.— :414 iPlit l herliiin Jed: In ai least 2 civil lawsuits that r Jill the • i I ' I I c: V. I ' age girls to me hie 'home for. sew • "assad "I Altileast . I : , t . : , h i ,I _, II,.: i !i" hi ; ! : • . 1;1. I . ... i '1'1 atilPeltdirlit,. in multilek la it; o e of the Defendant's mousers has alleged that; • , ,A, • . , ; i • • •ZI : ' • : .: •I • federal :• setae, kiled lo lonSult with h regarding the &Smithies; of possible charges. • ; against lite Difendini,2 State prosecutors 41so have been criticized;illte Palm Besch Pollee Mg of these cases as "hl illtintsual" and called for • : jti, eqttently, this cas, —•anettFoivarly the Defendant's ' • .1 ,:ii I We public interest IF.0am.. . " ptiptit,me18:norirprose• on agrcernenty(101: u elan ;Was ••• • to Jude' Pii44114. 'dts ;lie noted.; the June 2008 pleaa cann , "1 wo d view (the. ' . I ' .: 1:— •' ., ;• ; i . • • • 1,,,JI isiiiudnni44t] 8isit iiimifIca t inducement in aceeptin A4 ." : , I ! • : 0! ,I . I Pleal . ; • recognizes a sIzong•pu le ;light of eat= to I, • 1,..!.., I with sentencing. kit $Wita ilerald bune!..Div, • I I I I I :1 I ; " 2 , ; • tic t 1. . . Chief his faulted the Slate Attorney's : 1 3 4 , • .j : the Statb Attorney's disquidifloiSont Co. • • h. or! Sint! "40117:? ; ifsiu,t6pritro droonsi • ;;; ICS Ttiit4i0tiik i ; ifit;ricia la i b , .•• I I I , anotiA, •bsidercip ?smote i .. . . • : • see; te.i.:•Dps v.Epitein, Case N . 08-80069 (S.D. Flo, 2008); The No. 3 v. Epstein, Case o. 08.80119 (S.D. Fla. 2008); Epstein, Case 14:08-8.0232 (S.13. Fla. 2008); alt D . 4. v. Epstein, Case No. 08-80380,(S,D, Fla, 2008); Doe No:p Y. Epsteini Case No. 08- 80381 (S.D. Fla. 2008); G.M.A. v. fipstelri, Case No. 08-80811 (S.D, Fla. 2008); pot v. Epstein, COINo.08180893 r... Pia: 2008); Doe No. 7v. Epstein, cttouhfre7s 993 (S.D. Fla, 2008); til Doe 1‘14. 6 v. anvil • Cilia No. (/11-80994 pD. Fla, 2008); Doe ' EM in, Calle No. 09-80469 (S.D. Phi. 2009); Doe Noi 101 v. Epstein, pose No. 09-80591 (SD iFle.!2 09); Pb. No, 102 v e Case No. 09-80656 (SD. Fla. 2009); Doe No. 8 v. 4•rotelt or No, 09-80802 ($.D. i . * See In re: Jane Dart Omer°. 08480736 (SD. Fla. 2008).4: f:.: i t I . JII Fla.;2 09). ' : . i, .' ! :. :. . : s • • • :!• • • ., • . I I s i . , 161 1 ' ; ; .1 3 : .. : it i ' Wil 1 : • I i 1 1 EFTA00180813 1 I. il • HI ; ; • • of the *xi York Times Co. v. Holtzendorf 507 So. 2r1 667,668 (Fla. 2d DCA 10137) ("Whip a • ., ., • : I • • . ' judge ratty impose whatever legal sentence he chooses, if such sena:sage is based op a tangible :I i : . I :, ; - , i f . • . proceeding or doctunirit, it Is within: the p blic domain unless othercksir. , viligeci."). In this easeinta interestjustillea centInued sealing of those "significk I " dtunients that Judge Nall° I • • I • . • , ; . e il ictif such I • .1 i • • , i considered' in doceptiWithe plea and scnte cing the Defendant. eflik lap any : I • . • '. I • gi.1 ,1 • • ; :, compelling interest •-: as well as the parties (auto to comply:with ;el dards fir sealing ; • .. , . • • : r - : ' , I .. : . :: : • .'•1 r " I doouptaists initially provide good cause r unsealing the docum ; t s time .0 :: . • ! , • : : • t. i " • ;II t, 'p , .; • tt!! FinOth:C9011WifelliISUTO at these documentslis poin , because many Portions • ' : !: ...:/•I : . . . I . .. . I • I • tit l• d• . - II: i: I I of the. : id dr:Milian alpierly,htri,e beenimade publio, .Forixamile,!cotIrt paper quoting I. • • 'I `15:34 3' :4 • 6-4'4 ficittiliCt1A8 6 LOGS) 8139843070 ?I, I ! - • : 4-9 • ! T-888 P026/007 F-845 • I ill I • • lit : I • , • :i I :•1•1; • . • , I. I .* Pa.% • 1 • , , 1 • i • t. I „. ! t • . : I i f. Li , ri , , .. it, i . • 1S; 4 , ; . • 1. i escarp ' Octhe air ifnint have been made public in related federalPippoodings? As the Florida .1 • • Supreme Court hatriotad, "there, would be' little justification for cloaing a Pretrial Steering in i•• it . I i '.: i order td prevent °lily:the disclosure'of det4ils which had already hien kWit:foal LOW'S 426 : . • • - 1.' 1 ! ' :I So. 2d tet S. SimilarWin this case, to the latent that information aliarly lips been made Publio, • "Z ,. —e; • ! Hi — r : - • • • • • •!' . • - .; '.. — 1 .,t..f.; I : I A.,: • . 1 continued Flosturi is fointiesa and, therefore, *Tweeti tuttonat. , ,? ii, ; • i . i 'I.: :' • i'm t .:' ! • 'P. ' . cll . . ; ioii hits no objection ti the redaotion:of victim )4 i4 (if tu49 that appear 9• I t: i; :.; : 0 • • '. . • . I , • :. • • • .. • . •• : •' in the Stralect:cloatatenis. In additioh, inso ar as the Defendant or S' lail'IAt I t tromey Seek continued t it ::.: ; 1 closure: the Post req3eists that th.e douri t the doctunedts inc ''' '.- Ili order to ease* • : ' ' ' • I. • ti 'li !. • . . , • i, , ;" • c ii.; : zi -1, I whotheti, ia fac:t,' trio lined closure is prop r. I ' ' • 9• r. • : ' •. • • • 1 !••• . I' • : • . i ! • I :"' In H. Ii • • • :3 gee, e.g.,,"Defendants Miley Spptein and SMOt on for Stay," C.M.A. v. Case No, 0840811 (S,P. Fla Ju17 25,200 e pu citt Mi. 7,2009 . : • I i t j • ' .. : : • . 4 .. , s • i , •• :. . • 4 I it. I ; ... 1 . . : • . ; i : . I st I ! ; : • • • e •• I .4i' • 1;!! .i 1 • I • .1”•-1 1 .: • pb i :I • r.:. ' • I . i l 1 • • • , • • . , ••• • !. :• !. • , ••• • . I. EFTA00180814 :.?. .,:. ' ps-ek,4) 15:24 Fil0N-THOIIAS & LOCICH10 8189843879 'jai; .,.; i i T-188 PIR17/007 F-,845 :. 11 1:'•• 4%; : • • : sr, i 1 S.i .. ...i t . ... : • .„ I, . . . . , . . .. . ! ... .10 I Pl. it: i • • .t Ilia .......ERBEGRV, the Post respect y requests that this Cour(un.Veal the no -prosecution II tii; - I; • • • ' • !: I' II. '• ' , • -0i'.' •• •• ' n 9 ' ! avehir ontand addirldunt'a. el grant the Pot such other relief as the: Court deems roper. 4 y . t % • .• lt. ' s; • ' • i i, . • E . • r r.' Respeotfidly subMitted, • : a • : ; ; . ... . • 'VIA a il 4t. • A • aqqoal ' • • • e. • • • ik • • : • a . ;Id . • I. I .' • ate mum K. Sh ap i Florida Bac NO.: ' 45 t 402 ... i ; . ▪ ; ' ; I r •: • .1 : ! : . • James B. Laic°. t,,f i i ; I 0 i' '• " i Florida Bar No.: 0023477 i'; i • • ' : • i i 101 N.E. Third Alien:in% Suite 1 00 t • . . t 4 . • • 1 . • • ! .. I . I :• I I I l • . • • I . ; • I : I • I • i I • Attorneys for Th Vain' Beach ost I i r • I i t r lii:A i • .it ill_ 1 i.:, it , 1p; • I..:, l j, I.:, FIN .i: 7.I i:': i i i. ?• , .., • -•I'.. • irti fl,Iii'l ! I -1. • 'i I . .: Ifil3EBBY l'EF.Y that a true and correct copy of the foingoIng has been furnished t• • • le , : • I: • " • I •• : • .1' : -via itaccim ileniu111.§. Mail to: R. Album er Actista; United States AttbrneY's Office Southern • • • !iil .. . • i : ' i ' 1• I District:, spo S. Austtallari Ave., Ste. 400,West Palm Beach, FL 3314?1:(11;x: 5614820-8777); , • ir • 2' ' Michael i';;IcAnliffe,i'Esq;, and Judith Ste anon Arco, Esq., StutAtitsits ey's Office - West • : ' I I Palm Beach, 401 NoithI.)ixie Highway, Jut Palm Beach, EL 33i ' Val; 561 -31p5-735 II Jack • • . , • ; '• • '; I • .10 i I • • .0 I. , I I •:'• ! Alan .4oldber ger; Iriii; Atterbnry Goldberger, et al., 250 S:Auntratly Aye Stel 1400, West . . I., I • • . • . .1.. - . ! I bi . .. .c. 111 . Palm )jeach,PL 33401:(fax: 561-835.8691); and Bradley ,T• Edwitd;,• q. and WIlliatu J. • s. Berger Esq. Rothstein Rosenfeldt•Adler 401 East Las O. ;sit' 131i vl cit‘#41 1; )650, lion Lauderdale, • - • i• • ,,-. t . : • 1. • ., ' • ' 1 ' i• • - I . ! i • i i • .to •• ;. . • 1 • I ' ' : ;II I • FL13SP4 (fan! 954-tir:8663). on this lit ay offune, 2009.! f. I t... t • till:1h! • Jr li: , • t‘4 i : i l• : • 1 i I ; 1•:1.t i • .I I. i • 1 ';•• .1 to; :.° ; • .. ...t I • • • • •• li 1 E.S. 'L. ' e i 'j • 41 : I ; ;. I ii.i. k •.: !...t. Cs ; I. i. . I : • :I F - I : ' '. ' I : 111I .1. . i . i. • : . • ,, • I. I THOMAS. LOCIOE0 BRALOW Pt Ir i it •• r • i! • r, • . • • I t.! ; ' •..: . • s I • I I 3 EFTA00180815 :9 RECYCLED PAPER TO REORDER CALL 9544/6-9399 EFTA00180816 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL. Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule ofJudIcial Administration 2,420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" flied under seal In the court file on July 2, 2008. B. A document referred to as 'The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00180817 6.. The documents should remain confidential for the following reasons: a. To prevent a serious Imminent threat to the fair, Impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to Innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally Inherent In these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. Notary Public State of F My Commission Expires EFTA00180818 CERTIFICATE OF SERVICE 91 WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via o U.S. Mail; K Facsimile; 0 Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North Ashley Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Fiagler Dr. Suite 400, West Palm Beach, Florida 33401. this 11 day of June, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & 515 N. Fiagler Dr. Suite 400 WEISS, P.A. West Palm Beach, Florida 33401 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 -c- O = ERT D. CRITTON, ESQ. CK A. GOLDBERGER, ESQ Florida Bar No.224162 lorida Bar No. 262013 Aiot'° t o w, CirS4 EFTA00180819 WI THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA v. JEFFREY EPSTEIN, Defendant. EPSTEIN'S MOTION TO STAY DISCLOSURE OF THE NON- PROSECUTION AGREEMENT AND ADDENDUM PENDING REVIEW Defendant, JEFFREY EPSTEIN ("EPSTEIN"), by and through his undersigned counsel and pursuant to Rule 9.310, Florida Rules of Appellate Procedure, moves to stay disclosure of the Non-Prosecution Agreement and Addendum (collectively, the "NPA") pending review, and states: 1. In the event the Court grants Nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records, grants Palm Beach Post's Motion to Intervene and Petition for Access and/or denies EPSTEIN's Motion to Make Court Records Confidential, EPSTEIN moves to stay the disclosure of the NPA pending review by the Fourth District Court of Appeals. 2. Rule 9.310(a), Florida Rules of Appellate Procedure, provides in pertinent part, "...a party seeking to stay a final or non-final order pending review shall file a motion in the lower tribunal, which shall have continuing jurisdiction, in its discretion , to grant, modify or deny such relief." EFTA00180820 3. A stay pending review is warranted under the circumstances because of the irreparable harm that would be caused by disclosure of the NPA including, but not limited to, substantial injury to a party by disclosing matters protected by common law and privacy rights, substantial injury to a compelling government interest, substantial injury to innocent third parties and a serious imminent threat to the fair, impartial and orderly administration of justice as set forth in the hearing record date June 25, 2009. 4. In Mariner Health Care of Nashville. Inc, v. Baker, 739 So. 2d 608, 609 (Fla. 1st DCA 1999), defendant Mariner filed a petition for writ of certiorari after the trial court compelled it to produce certain incident reports. Mariner also moved for a stay pending review pursuant to Fla. R. App. Pro. 9.310. The trial court advised the parties that Mariner would be required to submit the incident reports to the court under seal as a prerequisite to a stay. Mariner refused to produce the documents under seal and the trial court denied the motion for stay and imposed daily fines until the documents were produced. 1.4, The First District Court of Appeals affirmed the trial court's order and noted Mariner has failed to explain how the production of the reports under seal would result in any prejudice. To the contrary, the records will be protected from disclosure during the entire course of the certiorari proceeding before this court. No harm can be done if this court ultimately determines that the reports are protected by the work product privilege. Id. at 610. 5. In the instant case the NPA is already filed under seal. Should the Court grant Nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records, grant Palm Beach Post's Motion to Intervene and Petition for Access and/or deny 2 EFTA00180821 EPSTEIN's Motion to Make Court Records Confidential, EPSTEIN requests the Court exercise its discretion under Fla. R. App. Pro. 9.310(a) and enter a stay pending review by the 41h DCA. 6. No harm will be done if the NPA remains under seal pending appellate review. To the contrary, EPSTEIN will suffer irreparable harm if a stay is not entered and the NPA is disclosed to the public. WHEREFORE, Defendant, JEFFREY EPSTEIN, respectfully requests that if the Court grants Nonparty E.W.'s Motion to Vacate Order Sealing Records and Unseal Records, grants Palm Beach Post's Motion to Intervene and Petition for Access and/or denies EPSTEIN's Motion to Make Court Records Confidential, the Court enter a stay pending review and grant any additional relief the Court deems just and proper. Certificate of Service WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by Hand Delivery to ., United States Attorney's Office — Southern District, 500 S. Australian Avenue, Suite 400, West Palm Beach, FL 33401, JUDITH STEVENSON AREO, ESQ., State Attorney's Office — West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, WILLIAM J. BERGER, ESQ., and BRADLEY J. EDWARDS, Rothstein Rosenfeldt Adler, 401 East Las Olas Boulevard, Suite 1650, Fort Lauderdale, FL 33394, JACK A. GOLDBERGER, ESQ., Atterbury, Goldberger & Weiss, P.A., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, SPENCER T. KUVIN, ESQ., Leopold-Kuvin, P.A., 2925 PGA Blvd., Suite 200, Palm Beach Gardens, FL 33410, and DEANNA K. SHULLMAN, EFTA00180822 400 North Ashley Drive, Suite 1100, P.O. Box 2602 (33601) Tampa, FL 33602, this 25th day of June, 2009. BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 N. Flagler Drive, Suite 400 West Palm Beach, FL 3401 By: Robert D. Cri on, Jr. Florida Bar 24162 Michael J. Pike Florida Bar #617296 Counsel for Defendant Jeffrey Epstein) and Jack Alan Goldberger, Esq. Atterbury Goldberger & Weiss, P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, FL 33401-5012 Fax: 561-835-8691 Counsel for Defendant Jeffrey Epstein EFTA00180823 is T . RECYCLED PAPER TO REORDER CALL 954-846-9399 EFTA00180824 IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO: 2006CF009454AXX, 2008CF009381AXX STATE, vs. EPSTEIN, JEFFREY D COMES NOW, Intervener, B.B. and file this Response t ndant Jeffrey Epstein's Motion to Stay, and states: In their motion, Defendant asks the Court to stay it. P mg on the production of the NM agreement pending review by the Fourth DCA. Since this NM was never properly sealed in the first place, a Stay is improper because this document is a public record until such time as it has been properly sealed. Furthermore, as Defendant EPSTEIN has failed to demonstrate that he is likely to succeed on the merits of his appeal or describe how he will be harmed by this disclosure, Intervener B.B. respectfully requests the Court deny their Motion. Pursuant to Florida Rule of Appellate Procedure 9.310(a), a trial court has the discretion to enter a stay pending interlocutory review of a non-final order. The burden to satisfy the EFTA00180825 requirements for a stay rests with the party requesting the stay. A trial court is not obligated, or even encouraged, to enter such a stay as the Appellate Rules specifically provide, "In the absence of a stay, during the pendency of a review of a non-final order, the lower tribunal may proceed with all matters, including trial or final hearing; provided that the lower tribunal may not render a final order disposing of the cause pending such review." Fla. R. App. P. 9.130(f) (emphasis added). Defendants ask the Court to stay disclosure of a public document which was never properly sealed. Factors to 'domed by a court when deciding whether to enter a stay "include the moving s likelihoo f success on the merits, and the likelihood of harm should a stay not be 769 So.2d 389, 391 n.4 (Fla. 3d DCA 1999). Defendants fail to adequately ad completely ignores the likelihood likelihood that the Fourth District would reverse for sealing the NPA were never followed. As to likelihood of harm, the only reference Defendan paragraph 3 of his motion. Here, Defendant merely ma rs in their motion. In fact, Defendant Likely this is because there is no ling since the proper procedures to this issue is in road assertion that there will be "irreparable harm caused by the disclosure of the NM." There is no explanation of who will be harmed or what harm will be caused. How can a public document which redacts the names of the minor victims cause harm? This necessary question is never answered. Defendant's broad and vague assertion is insufficient to grant a stay. Finally, since there has been no showing by Defendant EPSTEIN that the proper procedure for sealing court documents were ever followed, the NPA is a public record. Page 2of 3 EFTA00180826 Therefore, Plaintiff respectfully requests the Court DENY Defendants' Motion to Stay the Proceedings. CERTIFICATE OF SERVICE HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this 2¢ day of June, 2009 to hick A. Goldberger, Esq., 250 Australian Avenue, Suite 1400, West Palm Beach, FL 334101; Bruce E. Reinhart, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Robert D. Critton, Jr., Michael J. Pike, 515 North Flagler Drive, Suitk,Q0 est Palm Beach, FL 33401. LEOPOLD—KUVIN, P.A. 2925 PGA Boulevard Suite 200 alm Beach Garde i 410 T. KUVIN, Esq. ar No.: 089737 Page 3of 3 EFTA00180827 Page 2 of I I Westlaw 769 So.2d 389 769 So.2d 389, 24 Ha. L. Weekly D2439 (Cite as: 769 So.2d 389) District Court of Appeal of Florida, Third District. Deborah PEREZ, Appellant, v. Jorge M. PEREZ, Appellee. No. 99.2182. Oct. 27, 1999. Rehearing Denied Dec. 7, 1999. Following divorce, parties agreed to modification of marital settlement agreement which specifically provided that mother could permanently relocate children to Utah. Father petitioned for modification of custody. The Circuit Court, Dade County, Eu- gene J. Fierro. J., split custody of children, and mother appealed. Parties and guardian ad litem filed various motions. Mother moved to prohibit further involvement in appellate proceedings by guardian ad litem and counsel appearing on behalf of guardian. The District Court of Appeal, Gersten, J., held that: (1) guardian did not have authority to submit brief or motions at appellate level of child custody proceeding, and (2) there was no authority permitting guardian ad litem to retain counsel on behalf of herself in appeal. Motion granted. Sorondo, J., filed concurring opinion West Headnotes [11 Appeal and Error 30 €=n477 30 Appeal and Error 30IX Supersedeas or Stay of Proceedings 30k476 Upon Allowance by Court or Judge 30k477 k. Authority of Court or Judge. Most Cited Cases District Court of Appeal has authority to issue stay for purpose of preserving status quo during appel- late proceeding. West's F.S.A. R.App.P.Rule Page I 9.310(f). (21 Appeal and Error 30 £=479(1) 30 Appeal and Error 301X Supersedeas or Stay of Proceedings 30k476 Upon Allowance by Court or Judge 30k479 Grounds for Allowance 30k479( I ) k. In General. Most Cited Cases Factors which are considered by District Court of Appeal in deciding whether to grant stay include moving party's likelihood of success on merits, and likelihood of harm should stay not be granted. West's P.S.A. R.App.P.R ttle 9.310(0. (3) Child Custody 76D C=0905 76D Child Custody 76DXIII Appeal or Judicial Review 76Dk905 k. Transfer of Cause and Proceed- ings in General. Most Cited Cases (Formerly 134k303(3)) Fathers failure to return children to mother after summer vacation, as required under parties' post- divorce visitation arrangements, and fathers at- tempts to manipulate children's custody preference were sufficient to establish that mother had likeli- hood of success on merits of her appeal of order modifying custody, warranting issuance of stay, for purpose of preserving status quo during appellate proceeding. West's P.S.A. R.App.P.Rule 9.310(0. [4] Child Custody 76D C ,903 76D Child Custody 76DXUI Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k19.3(6)) Guardian ad litem did not have authority to submit brief or motions at appellate level of child custody proceeding. West's F.S.A. § 61.401; West's F.S.A. R.App.P.Rule 9.020. C 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspeprft=1-ITMLE8tifm=NotSet&destination=... 6/25/2009 EFTA00180828 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) (5) Infants 211 tC=.85 211 Infants 211VII Actions 2111O6 Guardian Ad Litem or Next Friend 211k85 k. Duties and Liabilities. Most Cited Cases (Formerly 211k19.2(2)) Universally recognized function of guardian ad litem in custody dispute is to protect best interests of children. (6] Infants 211 4:=>77 211 Infants 211V11 Actions 211k76 Guardian Ad Litem or Next Friend 211k77 k. In General. Most Cited Cases . (Formerly 211k19.3(1)) Guardians ad !Item serve important role, under lim- ited circumstances, by acting as representatives of children and promoting society's interest in protect- ing children from traumas commonly associated with divorce and custody disputes. [7] Infants 211 ,C=.85 211 Infants 21 I VII Actions 211k76 Guardian Ad Litem or Next Friend 211k85 k. Duties and Liabilities. Most Cited Cases (Formerly 211k19.3(1)) Duties and responsibilities of guardian ad litem are not coextensive with those of attorney. West's F.S.A. § 61.403. (8) Child Custody 76D 4E:=900 76D Child Custody 76DXIII Appeal or Judicial Review 76llk900 k. In General. Most Cited Cases (Formerly 211k19.3(6)) Child Custody 76D 4:=903 76D Child Custody Page 3 of I I Page 2 76DXIII Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 21Ik19.3(6)) Appellate court is not fact-finding court and there is no proper role for guardian ad 'item at appellate level. West's P.S.A. § 61A03. (9) Infants 211 tC=85 211 Infants 211VII Actions 211k76 Guardian Ad Litem or Next Friend 2111:85 k. Duties and Liabilities. Most Cited Cases (Formerly 211k19.2(2)) Guardians ad litem are required to act in the best in- terests of children even if this conflicts with the children's wishes, and must serve as independent fact investigators. West's A.S.A. § 61.403. [10] Child Custody 76D C= 7,903 76D Child Custody 76DXII1 Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k[9.3(6)) Filing of motions and brief by guardian ad litem in appellate custody proceedings conflicts with guard- ian's proper function of serving as independent fact investigator, and violates statutory prohibition against guardians acting as advocates. West's P.S.A. § 61.403. (11) Child Custody 76D aC=2409 76D Child Custody 76DVIII Proceedings 76DVII1(A) In General 76Dk409 k. Parties; Intervention. Most Cited Cases (Formerly 211k19.3(3)) Minor children in custody proceeding are not con- sidered as "necessary parties" to action. (12] Child Custody 76D €=103 O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx/prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180829 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) 76D Child Custody 76DX111 Appeal or Judicial Review 76Dk903 k. Right of Review and Parties. Most Cited Cases (Formerly 211k19.3(6)) There is no authority permitting guardian ad litem to retain counsel on behalf of herself in appeal, where guardian is not party to proceedings, and where guardian is purportedly appearing on behalf of children who are also not parties in appellate proceedings. *390 Marsha B. Elsa. Miami; Cynthia L. Greene, Miami, for appellant. Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin, & Perwin, and Joel S. Perwin, Miami; Bar- ranco, Kircher, Vogelsang & Boldt, and Kimberly L. Boldt, Miami, for appellee. Before GERSTEN, SHEVIN, and SORONDO, 33. ON APPELLANT'S RENEWED MOTION TO PRO- HIBIT FURTHER INVOLVEMENT IN THESE AP- PELLATE PROCEEDINGS BY THE GUARDIAN AD DIEM AND/OR COUNSEL APPEARING ON BEHALF OF THE GUARDIAN AD LITEM GERSTEN, Judge. Appellant, Deborah M. Perez ("the Former Wife), moves this Court to prohibit further involvement in these appellate proceedings by the Guardian ad Litem ("Guardian") and counsel appearing on be- half of the Guardian. We grant the Former Wife's motion and write further to discuss our serious con- cerns regarding the proceedings in this case, and to clarify that there is no statutory basis for a Guardi- an to file motions and a brief in a child custody ap- peal.Fw FNI. Initially, we denied the Former Wife's motion to prohibit further involve- ment by the Guardian ad Litem. However, we cautioned in our ruling that the denial Page 4 of 1 I Page 3 was "without prejudice to renew if neces- sary." At this stage of the proceedings, and during a flurry of emergency motions filed by the appellee, the Guardian had filed only two documents; one entitled "Guardian ad Litcm's Emergency Motion for Rehearing of Stay" and one entitled "Guardian ad Litem's Emergency Motion to Relinquish Jurisdiction." Both were denied. Thereafter, the Guardian advised counsel for the Former Wife that a brief would be filed with this Court, The Former Wife then renewed her motion correctly observing that the Guardian intended to continue her wholly unauthorized and im- proper conduct. Background Facts The Former Wife and appellee Jorge M. Perez, ("the Former Husband") divorced in 1995. The Former Wife became primary residential parent of the parties' three minor children. In November of 1996, the parties agreed to a modification of the marital settlement agreement which specifically provided that the Former Wife could permanently relocate the children to the State of Utah in June of 1998. In accordance with the 1996 agreement, the Former Wife purchased property in Utah. sold the home where she and the children were living in Miami, enrolled the children in a Utah school, and notified the Former Husband that she and the children would be relocating to Utah on June 18, 1998. However, two weeks prior to the scheduled and agreed upon departure date, the Former Husband filed a petition for modification of custody and at- tempted on an emergency basis to enjoin the Former Wife from relocating the children. The trial court denied the emergency motion determining the parties had agreed to the relocation, and the Former Wife and children moved to Utah. Thereafter, pursuant to the parties' visitation agree- O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx/prft=1-1TMLE&ifm-NotSet&destination=... 6/25/2009 EFTA00180830 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) ment, the children spent the *391 summer of 1999 visiting with the Former Husband. The children having been enrolled in school in Utah, were to be returned to the Former Wife on August 21, 1999. During this agreed summer visitation, the Former Husband's petition for modification proceeded to trial. On July 30, 1999, the trial court entered an or- der modifying custody which is the subject of the main appeal. The order split custody of the children, awarding custody of the two sons to the Former Husband, and custody of the parties' daughter to remain with the Former Wife."The trial court's basis for splitting custody was the expressed preference of the two sons to live in Miami. 12142. We note that the Former Husband's petition did not seek an award of split cus- tody. In its order, the court noted that the Guardian, Jac- queline Valdespino, testified there was a substantial change in circumstances in accord with the Former Husband's position. However, the court explained that it did not base its decision solely on the Guard- ian's testimony and report, because "part of her testimony at trial, as well as part of her conclusions in the Guardian Ad Litem's report ... are based partly on evidence which is clearly hearsay...." On August 9, 1999, the Former Wife filed a Motion for Rehearing and Motion For Stay Pending Appeal which was denied by the trial court on August 20, 1999." On August 23, 1999, the Former Wife filed her notice of appeal, and the next day filed an emergency motion seeking a stay of the trial court order, pending review in this Court. FM. The children had been enrolled in school in Utah for over a year, and the agreement provided that they were to be returned to the Former Wife on August 21st. In spite of the fact that the trial court's custody modification order had been suspended by the filing of the Former Page 5 of 11 Page 4 Wife's Motion for Rehearing, the Former Husband placed the children in school in Miami on August 18th. The children were not returned to the Former Wife, although the primary residence of the children re- mained with the Former Wife at the time the Former Husband enrolled them in school. Appellate Proceedings: A Barrage of Motions (1)(2)131 On August 24, 1999, the Former Wife filed an Emergency Motion for Stay Pending Re- view and a Motion to Expedite Appeal. The Former Wife's motion for stay alleged a likelihood of suc- cess on the merits, and that the best interests of the children required maintaining the status quo. Pursu- ant to her agreement with the Former Husband, the Former Wife requested that the children resume school in Utah pending a final decision on appeal. This Court granted the Former Wife's motions or- dering a stay pending appeal, and that the appeal be expedited." FN4. This Court has authority to issue a stay under Rule 9.310(f), Florida Rules of Appellate Procedure, for the purpose of A preserving the status quo du ing an appel- late proceeding. See Hirsch Hirsch, 309 So.2d 47 (Fla. 3d DCA 197 . Once a stay is issued, the stay remains in effect until the appellate court mandate is Issued. Rule 9.310(e), Fla. R.App. P. Factors which are considered by this Court in deciding whether to grant a stay include the moving party's likelihood of success on the merits, and the likelihood of harm should a stay not be granted. See Stale tuc rel. Price v. McCord, 380 So.2d 1037 (Fla.1980). During the course of the trial court pro- ceedings, the children had been spending the summer with the Former Husband pursuant to the parties' visitation ar- rangements. The Former Husband did O 2009 Thomson Reuters/West. No Claim to Orig. US Oov. Works. http://web2.westlaw.com/print/printstream.aspeprf1=HTMLE&ifm=NotSet&destination--... 6/25/2009 EFTA00180831 Page 6 of 11 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) not return the children to the Former Wife, see supra note 3, and the Former Wife's motions contain facts and argu- ments indicating the Former Husband used this summer time as a means to ma- nipulate the children's custody prefer- ence. These facts and others were sufficient to establish the Former Wife had a likeli- hood of success on the merits. Coupled with our additional concerns regarding the children's schooling and their best in- terests, greater harm could result if the stater quo were not preserved. See Offer- man . Offerman, 643 So.2d 1184 (Fla. 5th DCA I994)(granting motion to stay temporary custody order). The facts raised by the Former Wife in support of her motion for a stay are most troubling, and we emphasize that this Court will not tolerate the Improper use of visita- tion to manipulate a child's custody pref- erence. •392 This Court's order granting the stay resulted in a flood of motions, including an "Emergency Mo- tion For Rehearing of Stay" filed by the Guardian advocating the Former Husband's position, and a "Notice of Appearance filed by an attorney on be- half the Guardian"." Not surprisingly, the Former Husband also filed an emergency motion for review of the order granting the stay.1Pe On August 26, 1999, this Court denied both the Former Husband's and the Guardian's motions. PN5. The Notice of Appearance filed by the attorney stated she appeared "on behalf of the Guardian." A Notice of Appearance was also filed by the Guardian "on behalf of the minor children as Guardian Ad Lltem." Fhl6. The Former Husband's motion has the rather lengthy title of "Emergency Mo- tion For Rehearing and For En Banc Re- Page 5 view of the Court's Ex Parte Order Grant- ing the Wife's Motion to Stay Execution of a Child Custody Order, Without Waiting for the Husband's Response to That Mo- tion." It Incorrectly states that this Court's ruling constitutes an "ex parte judicial de- termination ... (which) is simply and flatly a violation of due process." There is no au- thority for an "en bane review" of an order issued by an appellate panel granting a stay pending review. More importantly, this Court has the Inherent authority in its dis- cretion to enter a ruling on a motion at any time, with or without a responsive plead- ing. In any event, the Former Husband's Emergency Motion was thoroughly con- sidered at the time it was filed, and was denied by this Court. In accordance with this Court's mandate, the parties' two sons were sent to Utah on August 27, 1999. Three days later, on August 30th, the oldest son traveled to Miami where he was met at the air- port by the Former Husband. This prompted the Guardian and the Former Husband to once again at- tempt to evade the stay order. The Former Husband first filed an emergency mo- tion in the trial court where the trial Judge held an emergency hearing by telephone. The Former Hus- band told the trial court that the Guardian had "advised" him not to return the child to the Former Wife in Utah "before (the child sees) a professional counselor who can address his present state of mind." The trial court denied the motion finding that this Court had "effectively taken jurisdiction" over the matter, and ordered the child be returned to Utah to "comply with the law that is now the law of this case; i.e. the stay of these proceedings." Instead of returning the child, however, both the Guardian and the Former Husband then decided to file motions again in this Court. The Guardian's emergency motion asked this Court to "relinquish jurisdiction" to the trial court to consider testimony as to possible emotional damage to the panics' eld- O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180832 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) est son. The Former Husband filed a similar motion entitled "Father/Appellee's Response in Support of Guardian Ad Litem's Emergency Motion to Relin- quish Jurisdiction." Both the Former Husband's and the Guardian's motions were denied. Our denial of these motions was based upon what should be an obvious theorem-that parents and their minor chil- dren must obey court orders. We are extremely concerned over this type of mo- tion practice and caution counsel that "appellate motion practice is not a game of ping-pong In which the last lawyer to serve wins." See Sarasota County v. Ex, 645 So.2d 7 (Pia. 2d DCA 1994). To an even greater extent, we are extremely concerned with the impact of such behavior on children. Chil- dren should not be "played" as if in a game of ping- pong where the parent with the greater resources to serve the greatest number of motions wins. Apparently, the Former Wife was also disturbed by the Guardian's involvement in the appellate pro- ceedings, and moved to prohibit further involve- ment by the Guardian when she filed her response to the Guardian's second emergency motion on September 1, 1999. Although we denied the motion to prohibit at this time, see infra note 1, the denial was "without prejudice to renew if necessary." When the Guardian notified counsel for the Former *393 Wife of her intent to file an appellate brief with this Court, the Former Wife renewed her mo- tion. For the reasons that follow, we grant the mo- tion and prohibit further involvement of the Guardi- an in these appellate proceedings. The Role of a Guardian Ad Litem In Child Cus- tody Appellate Proceedings 14)[5][6] The universally recognized function of a guardian ad litem in a custody dispute is to protect the best interests of children. Litigation involving custody issues can be particularly acrimonious and. unfortunately, children are particularly vulnerable to the harms commonly associated with hostility and conflict between parents. Guardians ad litem Page 7 of I I Page 6 serve an important role, under limited circum- stances, by acting as representatives of children and promoting society's interest in protecting children from the traumas commonly associated with di- vorce and custody disputes. See Scaringe v. Her- rick, 711 So.2d 204 (Fla. 2d DCA 1998); Repres- enting Children: Standards For Attorneys and Guardians Ad Litem In Custody or Visitation Pro- ceedings (With Commentary), 13 J. Am. Mad. Matrim. Law. 1 (Summer 1995). [7] Once appointed, the powers and authority of a guardian ad litem include investigation, discovery matters, requesting necessary examinations of the parties or the child, obtaining impartial examina- tions and making recommendations to the court. Sees 61.403 Fla. Stat. (1997). However, the duties and responsibilities of a guardian ad !Item are not coextensive with those of an attorney. See Roski v. Roth!, 730 So.2d 413 (Fla. 2d DCA 1999); see also Representing Children: Standards For Attorneys and Guardians Ad them In Custody or Visitation Proceedings (With Commentary), 13 I. Am. Acad. Matrim. Law. 1 (Summer 1995)(a guardian ad !item who is also an attorney should not combine the roles of counsel and guardian; Standard 3.1). In fact, Section 61.401, Florida Statutes (1997) spe- cifically provides that the role of a guardian ad litem is "to act as next friend of the child, investig- ator or evaluator, not as attorney or advocate." See also, 61.403 Ma. Stat. (1997). And so we come to the crux of our concerns in these proceedings. Section 61.401 states that the guardian shall not act as an advocate and the Guardian's role is defined as limited to the specific litigation in which the Guardian is appointed. See Roski v. Rosh!, 730 So.2d at 413; Black's Law Dic- tionary 70 (6th ed.1990). Section 61.403 delineates the Guardian's powers and authority in the context of trial court proceedings. Nowhere is there any ref- erence to appellate court proceedings in the statutes pertaining to the responsibilities of guardians ad litem." FN7. The Former Husband contends that 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180833 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) Section 61.401 should be interpreted broadly as permitting guardians ad litem to participate in appellate proceedings, be- cause this Section states the guardian "shall be a party to any judicial proceed- ing." We disagree for the reasons dis- cussed throughout this opinion, and based upon our conclusion that the statute's refer, ence to the guardian's status as a party in judicial proceedings, refers to the trial court proceedings in which the guardian was appointed. Our interpretation is con- sistent with the prohibition against guardi- an's acting as advocates contained within this very same section, and with common sense. [8] An appellate court is not a fact-finding court and there is simply no proper role for a Guardian at the appellate level. The Guardian fulfilled her stat- utorily defined duty when she completed her invest- igation and report to the trial court-the court in which she was appointed.TM FN8. We note that the Guardian's report is part of the appellate record and is at the disposal of both the Former Husband and the Former Wife in this proceeding. [9](10] When attorneys are appointed to serve as guardians ad litem, their roles in the litigation pro- cess are significantly different than the roles they would otherwise assume as lawyers. Guardians ad litem are required to act in the best interests$394 of children even if this conflicts with the children's wishes, and must serve as Independent fact invest- igators. The filing of motions and a brief by the Guardian in appellate proceedings conflicts with these functions, and violates the statutory prohibi- tion against Guardians acting as advocates. See§ 61.403 Fla. Stat. (1997); Scaringe v. Herrick, 711 So.2d at 204. Simply, the Guardian does not have a statutory right to appear in these proceedings. See Betz v. Betz, 254 Neb. 341, 575 N.W.2d 406, 410 (1998)." Page 8 of 11 Page 7 FN9. Although Betz involved the role of the guardian id litem at the trial court level, we find many of the observations made by the court as to the proper function of the guardian relevant to our analysis. The Betz court noted that the primary func- tion of a guardian is to provide the ap- pointing court with necessary information by way of admissible evidence. The court further cautioned that: "A guardian ad litem may be an attorney, but an attorney who performs the func- tions of a guardian ad litem does not act as an attorney and is not to participate in the trial in an adversarial fashion such as calling or examining witnesses or filing pleadings or briefs." Betz v. Betz., 575 N.W.2d at 409 (emphasis added). For purposes of this decision, we agree with Betz that it is improper for a guardian ad litem to file a brief in an appellate pro- ceeding. Such participation on appeal vi- olates the proscription against a guardian ad litem assuming the role of an advoc- ate, and exceeds the bounds of the guardian's limited duties toward the ap- pointing trial court. The Guardian is further prohibited from appearing in these proceedings because she is not a proper party under Rule 9.020, Florida Rules of Appellate Procedure. It is well established that only parties (or their representatives) who have suffered an ad- verse affect in the lower tribunal cause of action are entitled to participate in an appeal. See Sias v. Posada, 760 So.2d 954 (Fla. 3d DCA 1999); Or- ange County, Fla. v. Game and Fresh Water Fish Commission, 397 So.2d 411 (Fla. 5th DCA 1981); Florida Civil Practice Guide, Vol. 6, § 143.03 (Lexis Publishing 1998). (Ill Rule 9.020 defines the "parties" to an appeal as the "appellant" and the "appellee." Neither the Former Husband nor the Former Wife sought relief against the children. Further, minor children in a O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&Ifm=NotSet&destination=... 6/25/2009 EFTA00180834 Page 9 of 11 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) custody proceeding are not considered as "necessary parties" to the action. See Shienvold v. Habit:, 622 So.2d 538 (Fla. 4th DCA 1993). There- fore, it is manifestly obvious that the minor chil- dren in this case are not "parties" to this proceed- ing, and thus the Guardian cannot appear on their behalf. 1121 We are also disturbed by the Guardian's reten- tion of an attorney to represent the Guardian in the appellate proceedings. As noted earlier, on the same day the Guardian filed her notice of appearance "on behalf of the children," an attorney filed a notice of appearance "on behalf of the Guardian." However, this attorney had never been appointed by any court to serve in any capacity in this case. There Is no au- thority permitting a Guardian to retain counsel on behalf of herself in an appeal, where the Guardian is not a party to the proceedings, and where the Guardian is purportedly appearing on behalf of children who are also not parties in the appellate proceedings. See generally Betz v. Betz, 254 Neb. 341, 575 N.W.2d 406, 410 (1998)(e guardian who feels the need to retain an attorney should apply to the appointing court for permission). In conclusion, there is no authority for a Guardian, or an attorney purportedly representing a Guardian, to submit motions or a brief In a child custody ap- pealft" Guardlans*395 render an important ser- vice to the courts of this state, and we recognize that the lines separating the functions of an attorney as Guardian and an attorney as advocate, can be- come easily blurred. We hope the line has now be- come more distinct. FNIO. Nothing in this opinion shall be construed as affecting the role of a Guardi- an In other types of cases, or in the obvious situation where a child Is the real party In- terest. See generally, S.A.P. v. State, Del'? of Health and Rehabilitative Servs., 704 So.2d 583. 585 (Fla. 1st DCA 1997)(minor may not bring action on her own behalf, and can only sue by and through a guardi- an ad litem, next friend or other duly ap- Page 8 pointed representative); Kingsley v. Kings- ley, 623 So.2d 780, 784 (Fla. 5th DCA 1993)(guardian ad !item or next friend is required to represent a minor in a termina- tion of parental rights case), review denied, 634 So.2d 625 (Fla.1994);Fla. R. Civ. P., Rule 1.210(b) (minors do not have legal capacity to initiate legal proceedings in their own names). The Former Wife's motion is granted. The motions filed by the Guardian are stricken, and the Guardi- an, as well as counsel appearing on behalf of the Guardian, are prohibited from filing an appellate brief as a party in these proceedings mm FNII. The Guardian's motion for leave to file an amicus curiae brief pursuant to Florida Rule of Appellate Procedure 9.370 is granted. The Guardian is permitted to file an amicus curiae brief only. Motion to prohibit granted. SHEVIN, Judge, concurs.SORONDO, J. (specially concurring). I agree with the majority that the guardian ad litem does not have standing to file a brief in this case. I write separately because I arrive at the same con- clusion through a somewhat different analysis. Deborah Perez (the mother), argues that the stat- ute's mandate that the guardian "act as next friend of the child, investigator or evaluator, not as attor- ney or advocate," in section 61.401, Florida Stat- utes (1997). precludes the guardian from taking a position in this appeal because the guardian's argu- ments will place her in the role of advocate.mlt The mother further argues that the appointment of the guardian by the lower court does not authorize her to file pleadings in this Court. FN12. Needless to say, the guardian's posi- tion in this case is contrary to that of the mother. Jorge M. Perez (the father), responds that the stat- 0 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180835 Page 10 of 11 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2439 (Cite as: 769 So.2d 389) me is ambiguous because although it sets forth the language cited above, the statute also makes the guardian a "party." This elevates the guardian to the same level as the other. parties in the case, the father and the mother. As such the guardian has the right to file pleadings with this Court in furtherance of the best interest of the children. When first passed by the Florida Legislature, sec- tion 61.401 Florida Statutes (Supp.1990), as pertin- ent here, read as follows: Appointment of guardian ad litem.-In an action for dissolution of marriage, modification, parental re- sponsibility, custody, or visitation, if the court finds it is in the best interest of the child, the court may appoint a guardian ad litem to represent the child. As relevant to the issues before us, section 61.403, Florida Statutes (Supp.1990), stated: Guardians ad litem; powers and authority.-A guard- ian ad litem when appointed shall act as a repres- entative of the child and shall act in the child's best interest. In 1994, the Legislature amended both statutes. Section 61.401 was amended to read: Appointment of guardian ad litem.-In an action for dissolution of marriage, modification, parental re- sponsibility, custody, or visitation, if the court finds it is in the best interest of the child, the court may appoint a guardian ad !item to act as next friend of the child, investigator or evaluator, not as attorney or advocate. The court in its discretion may also appoint legal counsel for the child to act as attor- ney or advocate; however, the guardian and the legal counsel shall not be the same person. ...The guardian ad litem shall be a party to arty Judicial proceeding from the date of the appointment until the date of discharge. Ch. 94.204, § 3, Laws of Fla. (amending § 61.401, Ha. Stat. (1993))(emphasis added).*396 Section 61.403, as pertinent here, was also amended: Guardians ad them; powers and authority. A guard- ian ad litem when appointed shall act as next friend Page 9 of the child, investigator or evaluator, not as attor- ney or advocate but shall act in the child's best in- terest. Ch. 94-204, § 5, Laws of Pla. (amending § 61.401, Fla. Stat. (1993)) (emphasis added). In 1994, the legislature excised all language con- cerning the "representation" of the child, and in- cluded language specifically stating that the guardi- an was not to act as "attorney or advocate." The amended statute went on to provide that the trial court could appoint counsel for the child to serve that function. The legislature clearly intended that the function of the guardian be one of "next friend" to die child. This role includes the power to invest- igate and evaluate the case, and to make recom- mendations to the trial Judge which are consistent with the best interest of the child. See§ 61.403(5), (8), Fla. Stat. (1997). In short, the guardian's role is to discover, analyze and communicate facts to the Judge which will assist the trial court in the per- formance of its duty to determine the best interest of children in divorce proceedings. The role of ad- vocate for the child, the legislature reserved for counsel, which the court can appoint if it considers appropriate and necessary. The trial Judge In this case did not appoint counsel. The father's argument that the guardian's elevation to the status of "party" gives her the right to file pleadings in this Court is unpersuasive. First, it is clear that the guardian is not a party to this action in the strict and acknowledged sense of the word. In defining the word, Black's Law Dictionary 1122 (6th ed.1990) states:' "Party" is a technical word having a precise mean- ing in the legal parlance; it refers to those by or against whom a legal suit is brought, whether in law or equity, the party plaintiff or defendant, whether composed of one or more individuals and whether natural or legal persons; all others who may be affected by the suit, indirectly or con- sequently, are persons interested but not parties. ID 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.corn/print/printstream.aspx?prft=HTMLE&ifm=NotSet8cdestination=... 6/25/2009 EFTA00180836 Page 11 of 11 769 So.2d 389 769 So.2d 389, 24 Fla. L. Weekly D2419 (Cite as: 769 So.2d 389) See also59 Am.Jur.2d Parties § 7 (1987)(The word party or parties "designates the opposing litigants in a judicial proceeding-the persons seeking to estab- lish a right and those upon whom it is sought to im- pose a corresponding duty or liability ..."). Under this definition the guardian in this case is not a party. Accordingly, the guardian is a "party" in this judicial proceeding only because the legislature has made her such. Because this status is created by statute it can be defined by statute, and the statutes in question do Just that. The legislature first chose to limit the guardian's role as a "party" by forbid- ding her from acting in a certain way, i.e. as an ad- vocate for the child. Next, in section 61.403(2). (3), and (6), the legislature required the guardian to pe- tition the court and file pleadings only through counsel-a "true" party could do so pro se. Finally, the guardian does not become a party at the incep- tion of the litigation or because she has a personal interest, she attains that status by judicial appoint- ment and retains her identity as such only until dis- charged by the judge. Thus, although the legislature has created this special class of "party," it has also defined its limitations. As I read the statute, the guardian does not have a party's right to file plead- ings in this Court because this will, mandatorily, re- quire her to become an advocate. The majority correctly observes that there is no role for the guardian to play in this Court because all factual Issues and determinations have been fully developed below. This Court is in a position to read the record of the lower court, which contains all of the guardian's contributions to this lawsuit. A brief review of that record indicates that the guardian's position is the same as that of the father in this case and has been repeatedly and zealously expressed in both the lower court and this *397 Court. Indeed, the father relies heavily on the recommendations of the guardian. The guardian's presence in this appel- late proceeding is therefore superfluous. I do acknowledge that in certain cases the guardian may serve a valuable role on appeal. Usually, the guardian's recommendations will bolster the legal Page 10 position of one of the parents. There are extraordin- ary cases, however, where the guardian's conclu- sions could be detrimental to both parents. I refer specifically to cases which contain issues concern- ing the parents' mental and emotional stability and cases involving domestic violence and/or child ab- use. In such cases, a guardian could recommend that neither parent be awarded custody or that cus- tody should be predicated upon a particular patent's participation in some type of psychological coun- seling. These cases may call for a guardian to file a brief in an appeal and this Court has the authority, which the majority has chosen to exercise in this case, to allow the guardian to appear as amicus curiae pursuant to rule 9.370 of the Florida Rules of Appellate Procedure" I do not believe that this appeal calls for the guardian's participation. FN13. Even under these circumstances the guardian must seek leave of court to hire counsel. I join the majority in its conclu- sion that the guardian's sua sponte decision to hire counsel in this case, presumably at the expense of the parties, was highly im- proper. Fla.App. 3 Dist.,1999. Perez v. Perez 769 So.2d 389, 24 Fla. L. Weekly D2439 END OF DOCUMENT 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/print/printstream.aspx?prft=HTMLE&ifm=NotSet&destination=... 6/25/2009 EFTA00180837 .T..-.--... .im i ..5% RECYCLED PAPER TO REORDER CALL 954-846-9399 EFTA00180838 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION "W" CASE NO. 502008CF009381AXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER THIS MATTER came before the Court on the following: a) Non-party E.W.'s Motion to Vacate Order Sealing Records and Unseal Records b) Palm Beach Post's Motions to Intervene and Petition for Access c) B.B.'s Motions to Intervene and for an Order to Unseal Records d) Jeffrey Epstein's Motion to Make Court Records Confidential A hearing was conducted on these matters on June 25, 2009. The Court notes that Mr. Goldberger, Esq. and Mr. Critton, Esq. were present on behalf of Jeffrey Epstein. Ms. Shullman, Esq. was present on behalf of the Palm Beach Post, Mr. Berger, Esq. and Mr. Edwards, Esq. were present on behalf of E.W., Mr. Kuvin, Esq. was present on behalf of B.B., Assistant State Attorney Barbara Burns was present on behalf of the State of Florida. No appearance was filed on behalf of the United States. After giving an opportunity for all parties to be heard, the Court finds as follows: 1 EFTA00180839 Page Two Case No. 502008CF009381AXXM8/502006CF009454AXXMB 1. The State of Florida charged the Defendant, Jeffrey Epstein, with Felony Solicitation of Prostitution. 2. The State of Florida and Mr. Epstein came to a negotiated resolution of the charges. Part of that resolution included an agreement entered into between Mr. Epstein and the United States. At the plea conference in State court Mr. Epstein plead guilty to the State charges. At the plea conference the agreement between Mr. Epstein and the United States were made part of this Court's record. The agreement was sealed in two separate filings. At the time the State court took these matters under seal, the proper procedure for sealing such documents had not been followed. The June 25th hearing was to give Mr. Epstein, the State, and/or the United States an opportunity to comply with the well-defined and narrow parameters for sealing such documents. After hearing argument of counsel, the Court makes the following findings and rulings: 1) Neither the State of Florida nor the U.S. Government nor Mr. Epstein have presented sufficient evidence to warrant the sealing of documents currently held by the Court. 2) The Motions to seal the Court records are denied. 3) The Motions to intervene are granted. 4) The Motion to unseal the documents is granted. EFTA00180840 Page Three Case No. 502008CF0O9381AXXMB/502006CF009454AXXMB 5) The originals will not be disclosed, however the undersigned will do an in- camera inspection and redact the names of the underage victims, if any, so their identity will be indicated by their Initials. 6) This Order is in no way to be interpreted as permission to not comply with U.S. District Court Kenneth Marra's previous Orders. 7) The disclosure of the sealed documents shall be stayed at least until June 26, 2009, at 9:00 a.m., at which time the Court will hear "Epstein's Motion to Stay Disclosure of Non-Prosecution Agreement and Addendum Pending Review". DONE AND ORDERED in West Palm Beach, Palm Bea ounty, Florida this --os day of June, 2009. Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Barbara Burns, Esq., State Attorney's Office 401 North Dixie Highway West Palm Beach, FL 33401 William J. Berger, Esq. Bradley 3. Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luttier & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 EFTA00180841 Page Four Case No. 502008CF009381AXXMB/502006CF009454AXXMB Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shullman, Esq. P. O. Box 2602 Tampa, FL 33602 EFTA00180842 = = T s .LEGL RECYCLED PAPER I, TO REORDER CALL 954446-9399 EFTA00180843 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH • COUNTY, FLORIDA CRIMINAL.DIVISION2W" CASE NO. 502008CF009381AXXMB 502006CF009454AXXMB STATE OF FLORIDA, vs. JEFFREY EPSTEIN, Defendant ORDER DENYING MOTION TO STAY DISCLOSURE AGREEMENT THIS MATTER came before the Court at a hearing on June 26, 2009, on Jeffrey Epstein's Motion to Stay the Disclosure of the Non-Prosecutlori4eement and the Addendun? thereto. The. Court notes the parties were present and represented by counsel. Based upor) argument, it is . ORDERED AND ADJUDGED that 1. The Motion to Stay is denied. 2. The Clerk of Court shall make the documents available for disclosure at noon on Thursday, July 2, 2009. It is the intent of the Court to give the Defendant, Mr. Epstein, and his attorney an opportunity to have thii Court's orders reviewed by the 4th DCA. If the Clerk gets no direction froth the Appellate Court, she shall disclose the documents on the date referred to above. DONE AND ORDERED In West Palm Beach, Palm Beach County, Florida this day of June, 2009. ED ANY I5RTED JUN 2 6 2009 JEFFREY J. CO BaiHEFFREYJ. COMM Circuit Court Judge -------, EFTA00180844 Page Two Case No. 502008CF009381AXXMB/502006CF009454AXXMB Order Denying Motion to Stay Disclosure Agreement Copies furnished: R. Alexander Acosta, U.S. Attorney's Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Barbara Burns, Esq., State Attorney's Office 401 North Dixie Highway West Palm Beach, FL 33401 William J. Berger, Esq. Bradley J. Edwards, Esq. Rothstein Rosenfeldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 Robert D. Critton, Esq. Burman, Critton, Luther & Coleman 515 North Flagier Drive, Suite 400 West Palm Beach, FL 33401 Jack A. Goldberger, Esq. Atterbury, Goldberger & Weiss, PA. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Spencer T. Kuvin, Esq. Leopold-Kuvin, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens, FL 33410 Deanna K. Shuilman, Esq. P. O. Box 2602 Tampa, FL 33602 EFTA00180845 .r.lys.••••mit .M.I.•• •••••• RECYCLED PAPER TO REORDER CALL 954-841.9399 EFTA00180846 1 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 2 IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION 3 STATE OF FLORIDA ) 4 ) vs. ) CASE No. 2008CF009381AXX 5 ) JEFFREY EPSTEIN, ) 6 ) CERTIFIED COPY Defendant. ) 7 ) 8 PROCEEDINGS BEFORE THE COURT 9 PRESIDING: HONORABLE JEFFREY COLBATH 10 APPEARANCES: 11 ON BEHALF OF THE STATE: 12 BARRY E. KRISCHER, ESQUIRE State Attorney 13 401 North Dixie Highway West Palm Beach, Florida 33401 14 By: BARBARA BURNS, ESQUIRE Assistant State Attorney 15 ON BEHALF OF THE DEFENDANT: 16 JACK GOLDBERGER, ESQUIRE 250 S Australian Ave Ste 1400 17 West Palm Beach, Florida 33401 And 18 ROBERT CRITTON, ESQUIRE 515 N Flagler Dr Ste 400 19 West Palm Beach, Florida 33401 20 ON BEHALF OF THE PALM BEACH POST: DEANNA SHULLMAN, ESQUIRE 21 Thomas, LoCicero & Bralow 101 N.E. 3rd Avenue - Ste 1500 22 Fort Lauderdale, Florida 33301 23 ON BEHALF OF EW, THE INTERVENER: WILLIAM J. BERGER, ESQUIRE 24 BRAD EDWARDS, ESQUIRE 225 NE Mizner Blvd Ste 675 25 Boca Raton, Florida 33432 SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180847 1 ON BEHALF OF EB, MOTION INTERVENER'S PLEADING: 2 SPENCER KUVIN, ESQUIRE 2925 PGA Blvd Ste 200 3 Palm Beach Gardens, Florida 33410 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 June 25, 2009 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 1:50 o'clock, p.m. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180848 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE JEFFREY COLBATH, one of the 4 judges of the aforesaid court, at the Palm Beach 5 County Courthouse, located in the City of West 6 Palm Beach, State of Florida on June 25, 2009 7 beginning at 1:50 o'clock, p.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 THE COURT: Let me call up the case 11 of the state of Florida versus Jeffrey 12 Epstein. Let me have counsel announce 13 their appearances for the record. 14 MS. SHULLMAN: Deanna Shullman of 15 16 17 18 you again, good morning. 19 MS. SHULLMAN: You too. 20 MR. GERBER: William J. Berger for 21 EW, the intervener. 22 MR. EDWARDS: Brad Edwards also on 23 behalf of the EW. 24 MR. KUVIN: Spencer Kuvin on behalf 25 of EB, motion intervener's pleading. Thomas, LoCicero & Bralow on behalf of the Palm Beach Post. THE COURT: Ms. Shullman, nice to see SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180849 4 1 MR. GOLDBERGER: Good afternoon, 2 Judge, Jack Goldberger and Robert Critton 3 on behalf of Jeffrey Epstein. 4 THE COURT: And I'm guessing that, 5 Mr. Kuvin, if I grant the motion to unseal 6 that which has been sealed, your motion to 7 intervene will be moot. 8 MR. KUVIN: Will be. 9 THE COURT: I thought so. This is 10 what I'm thinking and -- oh, we've got 11 more. 12 MS. BURNS: One more appearance, 13 excuse me, Judge, Barbara Burns on behalf 14 of the state of Florida, the state 15 attorney's office of the 15th Judicial 16 Circuit. 17 THE COURT: All right. Procedurally, 18 I think the way that this came to us is 19 that at the conclusion or at some point 20 during a plea conference between the state 21 of Florida and Mr. Epstein, the state and 22 the defense hand an agreed order to 23 Judge Puccillo. 24 MS. BURNS: Puccillo. 25 THE COURT: And asked her to sign an SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180850 1 agreement to seal some portion of some 2 documents, which she signed off on and now 3 it is the intervener's and the Post's 4 motion to unseal those documents; is that 5 kind of procedurally where we are? 1 6 MR. GOLDBERGER: Procedurally not 7 exactly correct, I don't know if you want 8 me to clarify that. 9 THE COURT: Please do. 10 MR. GOLDBERGER: Your Honor, this 11 started during the course of a plea 12 colloquy in Mr. Epstein's state proceeding 13 before Judge Puccillo, who is a retired 14 senior judge who was filling in for 15 Judge McSorley on that day, who was the 16 judge assigned to this division. It was a 17 plea agreement with the state attorney's 18 office and it is normal and consistent with 19 any plea colloquy Judge Puccillo asked the 20 defense whether there were any other 21 promises or inducements for Mr. Epstein to 22 enter into his plea agreement other than 23 what was contained in the state standard 24 plea agreement that we had. I felt 25 obligated under the circumstances to alert SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180851 6 1 to the Court that there was a confidential 2 agreement between Mr. Epstein's -- 3 Mr. Epstein's attorneys and the United 4 States attorney's office for the Southern 5 District of Florida which would have been 6 triggered upon the successful taking of the 7 plea by Judge Puccillo. 8 In other words, if the plea was 9 accepted by Judge Puccillo, there's a 10 confidential agreement between U.S. 11 attorney's office and the defense that 12 would be triggered and they would agree not 13 to take some actions against Mr. Epstein. 14 I advised Judge Puccillo of that, and at 15 that time she said she would like to see 16 the matter sealed in the court file. I 17 said fine, and then we later -- I then 18 filed that document, and the clerk's office 19 notified me and said we need an order 20 sealing this, and we submitted an order to 21 seal the document. 22 THE COURT: All right. Is there 23 anybody here from the U.S. attorney's 24 office? Has anybody notified them, or is 25 there a dog in this fight or do they care? SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180852 1 If they're a party to this confidential 2 thing, wouldn't you think that they might 3 be. 4 MR. GOLDBERGER: Your Honor, they 5 have been noticed. They have taken a 6 position in parallel proceedings that this 7 matter should remain confidential, and they 8 have done that in federal court, and I 9 believe that is their position still. 10 MR. EDWARDS: Your Honor, I have been 11 in communication with the U.S. attorney's 12 office, and they are not taking a position 13 on this issue, which is why they're not in 14 court right now. 15 THE COURT: What's going on in 16 federal court? 17 MR. GOLDBERGER: There are a number 18 19 20 21 22 23 24 25 of civil cases that are pending right now. THE COURT: And they're talking about the same documents that are under seal here in our court? MR. EDWARDS: Yes. MR. GOLDBERGER: Yes, your Honor, and I will address that at the appropriate time what's going on here. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180853 8 1 1 1 . I 1 THE COURT: All right. So thank you, 2 Mr. Goldberger for getting that 3 straightened out. 4 MR. GERBER: Judge, just to clarify 5 one other point. 6 THE COURT: Sure. 7 MR. GERBER: I think actually there's 8 an additional step because Mr. Goldberger 9 on behalf of Mr. Epstein or Mr. Critton I 10 believe filed motion, and I think that that 11 will tell us who goes first today and who 12 has the burden today. 13 THE COURT: This is -- and I'm 14 thinking outloud that my take on that is 15 that my review of the file shows that the 16 appropriate steps to seal these documents 17 wasn't followed initially. I'm looking at 18 it as it would be whoever's moving to have 19 them sealed, it's their burden to prove the 20 steps that you have to prove to get things 21 sealed by the Court, and so that's -- I 22 hinted last meeting that we all had 23 together but that's where I'd go, so I'd 24 shift the burden over to the federal 25 government and to Mr. Epstein, that's what SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180854 9 1 I'm thinking. Let me ask first go over to 2 the Post, Ms. Shullman, what are your 3 thoughts on that procedure? 4 MS. SHULLMAN: Your Honor, I think 5 that's the correct procedure here. I think 6 Mr. Epstein's motion to make court records 7 confidential tacitly admits what we 8 suspected last time, which was that the 9 initial closure of the documents was not 10 done pursuant to the acceptable procedures. 11 THE COURT: All right. Mr. Berger, 12 Mr. Edwards, that's all right with you? 13 MR. EDWARDS: We agree. 14 MR. GERBER: That's what my point 15 was, yes, your Honor, thank you. 16 THE COURT: Mr. Goldberger, what do 17 you think? 18 MR. GOLDBERGER: That's fine, your 19 Honor, with the -- I'll wait until after 20 the proceeding. 21 THE COURT: All right. You may 22 proceed. 23 MR. GOLDBERGER: Judge, as I said to 24 clarify the record, this matter started 25 during the course of Mr. Epstein's plea 1 SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180855 10 1 1 colloquy in state court and just so that 2 the record was clear that all inducements 3 for Mr. Epstein's plea was on the record 4 when Judge Puccillo asked me if there had 5 been any promises made to Mr. Epstein, I 6 think properly and ethically we told the 7 Court that there was an agreed -- 8 confidential agreement with the federal 9 government that was in place that basically 10 said we will not prosecute Mr. Epstein for 11 federal offenses if the state plea 12 agreement is accepted by the Court and 13 Mr. Epstein's sentence is imposed. 14 The state proceeding was over at the 15 time that I advised Judge Puccillo that, in 16 other words, we had gone through the plea 17 colloquy and I simply was advising her of 18 this other agreement. It was 19 Judge Puccillo who then asked us to 20 approach, and the Court has a copy of that 21 transcript, I believe. It was 22 Judge Puccillo that said I'd like to have 23 that document sealed in the court file, and 24 I acquiesced to that, I said that's fine. 25 So, first, as a preliminary matter, SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180856 1 2 3 4 5 6 7 8 9 11 it wasn't like we were coming into court on that day and asking to seal something, so it would have been presumptuous of me to file something to request to have something sealed when it came up during the course of the proceeding, and, in fact, the committee notes on the rule of judicial administration talk about that and say matters come up all the time during the 10 course of hearings and the fact that 11 something is not filed in advance does not 12 necessarily taint the entire process, so we 13 . agreed to come forward and file our motion 14 to seal after the fact, because we didn't 15 know this matter would be coming up. 16 But having said that, Judge, this 17 confidential agreement was not part of any 18 state plea agreement, it's not part of the 19 proceedings, it was ancillary to the state 20 proceedings and it had nothing to do with 21 the state proceedings. As an accommodation 22 to Judge Puccillo, we filed it in the court 23 file. Quite frankly, it's unnecessary, it 24 doesn't need to be there, and the simplest 25 approach would be to simply remove it from SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180857 13 1 whether this nonprosecution agreement 2 should be released to the plaintiffs for 3 their use. 4 Judge Marra heard two hearings on this matter and the court has those orders. 6 And in the first hearing Judge Marra very, 7 very, carefully balanced the 8 confidentiality issues of the 9 nonprosecution agreement, the intent of the 10 parties as well of the rules of criminal 11 procedure that I will talk about in a 12 moment, with the plaintiff's right to know 13 what's going on and to have access to this 14 agreement. And Judge Marra crafted an 15 order and in the nature of a protective 16 order and said, plaintiffs, you can have 17 this nonprosecution agreement, you can use 18 it, you can review it, you cannot give it 19 to anyone else other than your clients, and 20 if you want to use it or you want to give 21 it to your clients, you need to tell them 22 about this order that is not to be 23 disclosed to anybody else. And these 24 plaintiffs that are sitting here will tell 25 you that from day one they have had this SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180858 14 1 2 3 nonprosecution agreement, they have it for their use, they know every clause that's in that nonprosecution agreement, and I 4 suggest to the Court as to their motions 5 why are we here; they have an agreement 6 already. 7 They went back to Judge Marra 8 sometime thereafter and asked the Court to 9 expand their use of the nonprosecution 10 agreement, and they said, Judge Marra, we 11 have the nonprosecution agreement but we 12 would like to be able to disclose that 13 agreement to other sides, and Judge Marra 14 in another carefully crafted order said, 15 nuh-uh, no, you have not satisfied your 16 burden, you cannot disseminate this to 17 anyone else, and the order that I have 18 entered remains in place, but most 19 significantly he said, you know what, this 20 is without prejudice. 21 If you have some basis, you have some 22 need that you have not briefed, you have 23 not litigated with me yet concerning 24 dissemination of nonprosecution agreement, i 25 come back to me and I'll review it for you. SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180859 17 i I 1 absolutely 100 percent protected from 2 disclosure by Federal Rule of Criminal 3 Procedure Six. I have a copy of that rule 4 for the Court. 5 THE COURT: Let me take a look of 6 that, please. 7 MR. GOLDBERGER: Give us one moment, 8 your Honor, we have it here somewhere. 9 MR. KUVIN: Your Honor, just briefly 10 while they're looking on behalf of the 11 plaintiff EB, I just wanted to point out on 12 my client motion to intervene, we are not 13 party to the federal action. She only has 14 a state court claim. She's not bound by 15 any federal court order, she is not with 16 the federal court on their claim, so as to 17 that issue, my client stands here 18 synonymous with the Post. 19 THE COURT: Thank you for pointing 20 that out to me. 21 MR. GOLDBERGER: We'll have it for 22 you in one moment, your Honor. 23 Your Honor, Federal Rule of Criminal 24 Procedure Six is a rule that deals with 25 grand jury proceedings, and it confers in SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180860 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the federal system secrecy of all grand jury matters and it's pretty clear in this case that the nonprosecution agreement specifically talks about a grand jury investigation of Mr. Epstein, there's specific reference to a grand jury investigation in the nonprosecution agreement. The rule does not prevent us from telling the Court that there was a jury investigation of Mr. Epstein, it prevents us from doing, what it grand but what prevents this Court from doing, I believe, is disclosing the content of the grand jury investigation, and the agreement itself is very specific as to the grand jury investigation of Mr. Epstein. However, all is not lost for the Palm Beach Post and the intervenors, for that matter. The rule has a specific procedure that allows you to go to the district court where the grand jury is case it would be in the of Florida before Judge convened, in this Southern District Marra and that is under Rule 6E, your Honor, I think it's 6E SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180861 19 1 3E actually. It says: In limited 2 circumstances the Court may authorize 3 disclosure of grand jury matters under 4 request made in connection with the 5 judicial proceeding, so -- and the rule 6 goes onto clearly say, that request must be 7 filed in the district where the grand jury 8 is proceeding. 9 So the first you know the Palm 10 Beach Post may have first amendment rights 11 to access but those first amendment rights 12 cannot circumvent the federally protected 13 secrecy of grand jury proceedings and 14 that's what the Post is doing by making 15 this request before this Court. 16 This matter has been sealed for 17 almost a year now, 11 months and some days 18 and the Palm Beach Post has not filed 19 anything in this matter until most 20 recently, and their remedy is to go into 21 the federal court and invoke the process of 22 Rule Six and asked Judge Marra to make a 23 limited disclosure of the nonprosecution 24 agreement and the grand jury matters that 25 are contained therein. Who knows whether SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER EFTA00180862