EFTA00214016.pdf

From: Paul Cassel To Cc: Subject: RE: Proposed Pleading to File - right to confer Date: Wed, 27 Oct 2010 21:00:39 +0000 Importance: Normal Dear M, I. As you know, crime victims have the right to "confer" with the prosecutor on the case -- we respectfully request a chance to confer with the decisionmaker on this matter -- apparently the Acting U.S. Attorney. We would like to know why our very reasonable proposal has been turned down and why you are unwilling to work with us further. 2. We respectfully request that you explain how you have been prejudiced and therefore will not stipulate to lack of prejudice. 3. We respectfully request that you carry through on your commitment to us to review our statement of facts and indicate which facts you are objecting to and which ou are not. As you know, we have to file today -- so please get back to me quickly. Thanks. Paul Cassell Paul G. Cassell Salt Lake City. UT 84112-0730 http://www.law.utah.edu/profiles/default.asp?PersonID=578cname assell,Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. From Original Message (USAFLS) [mailto: Sent: Wednesday, October 27, 2010 2:51 PM To: Paul Cassell Cc: Brad Edwards. Subject: RE: Proposed Pleading to File - fixed a couple of sentences Paul, Thank you for sending the revised document. I have spoken with the Acting U.S. Attorney on this matter. We believe that if the victims simply filed a response to the order to show cause, and deferred filing any motion for summary judgment, it would promote the process for the parties to meet and address mutual concerns. However, EFTA00214016 we will not stipulate that the government has not been prejudiced by the passage of time in this case from its initial filing in July 2008. Original Message From: Paul Cassell [mailto Sent: Wednesda October To: Paul Cassell Cc: Brad Edwards; Subject: RE: Proposed Pleading to File - fixed a couple of sentences I noticed that I missed a couple of sentences in the pleading I sent to you that made reference to the simultaneously filed declaration of Brad Edwards. This revision fixes those couple of sentences, making reference only to a soon-to-be filed declaration. Paul Paul G. Cassell R nald N. B ce Presidential Pr fessor of Criminal La Salt Lake City. UT 84112-0730 http://www.law.utah.edu/profiles/default.asp?PersonID=578cname assell,Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. Original Message From: Paul Cassell Sent: Wednesda , October 27, 2010 1:50 PM To: (USAFLS Cc: 'Brad Edwards; Subject: RE: Proposed Pleading to File THE FOLLOWING COMMUNICATION IS A SETTLEMENT OFFER WITHIN THE MEANING OF FEDERAL RULE OF EVIDENCE 408 Dear (and =), Attached is proposed pleading that we would file, reflecting your request that we delay and reflecting your stipulation that the passage of time to this point has not prejudiced the U.S. Attorney's Office. I want to continue to remind your office of its obligation to use its "best efforts" to protect the rights of crime victims. 19 USC 3771(c)(1). I trust that as you review our proposed pleading you will bear that requirement in mind. I can be reached on my cell at . As you know, we have to file today and are prepared to do so if we EFTA00214017 can't work something out. At the same time, we would like to work cooperatively with your office to bring Epstein to justice -- our revised pleadings are a step in that direction, while hopefully responding to the concerns that your Office has raised. Paul Cassell Counsel for Jane Doe #1 and Jane Doe #2 Paul G. Cassell Ronald N. Bo ce Presidential Professor of Criminal Law "Al IN IIF17al un MOM Mt Ill rell1S111 http://www.law.utah.edu/profiles/default.asp?PersonID=57&name=Cassell,Paul CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. Original Message From (USAFLS) Sent: Monday, October 25, 2010 10:16 AM To: Paul Cassell Subject: Out of Office AutoReply: Conferring on Statement of Facts Before Wednesday's Filing be on government travel from October 25-26, 2010. If you need to reach me, please call me at Thanks. EFTA00214018