6/30/08 | 2. PREPARER'S NAME DC SAO
Belohlack | 3. COUNTY
Palm Beach | 4. SENTENCING JUDGE
Pucillo | +|----------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------|--------------------------------------------------------------------------------------------------------------| +| 5. NAME (LAST, FIRST, MIL)
Epstein, Jeffrey E. | | 6. DOB
1/20/53 | 7. PRIMARY OFF. DATE
PLEA
12. PLEA | +| 7. DC # | 8. RACE
B W OTHER
9. GENDER
M F | 10. PRIMARY OFF. DATE
08-08-81 | 11. PRIMARY DOCKET #
08-08-94 | + +I. PRIMARY OFFENSE: If Qualifier, please check A S C R (A=Attempt, S=Solicitation, C=Conspiracy, R=Reclassification) + +| FELONY DEGREE | F.S.# | DESCRIPTION | OFFENSE LEVEL | POINTS | +|-----------------------|---------------|---------------------------------------------------|---------------|------------| +| 2oF | 796.03 | Possuring Person Under 18 for Prostitution | 07 | .56 | + +(Level - Points: 1=4, 2=10, 3=16, 4=22, 5=28, 6=36, 7=56, 8=74, 9=92, 10=116) + +Prior capital felony triples Primary Offense points + +II. ADDITIONAL OFFENSE(S): Supplemental page attached + +| DOCKET# | FEL/MM DEGREE | F.S.# | OFFENSE LEVEL | QUALIFY A S C R | COUNTS | POINTS | TOTAL | +|----------------|-----------------------|---------------|------------------|---------------------|----------|-----------|-----------| +| 06-9454 | 3oF | 796.07 | (2)(F)(F) | (2)(F)(F) | 1 | .7 | .7 | +| Description | | | | Prostitution | | | | +| Description | | | | Prostitution | | | | +| Description | | | | Prostitution | | | | + +(Level - Points: M=0.2, 1=0.7, 2=1.2, 3=2.4, 4=3.6, 5=5.4, 6=18, 7=28, 8=37, 9=46, 10=58) + +Prior capital felony triples Additional Offense points + +Supplemental page points + +II. 56.7 + +III. VICTIM INJURY: + +| | Number | Total | Number | Total | +|-------------------------------|--------|-------|--------|--------------| +| 2 nd Degree Murder | 240 X | = | 4 X | = | +| Death | 120 X | = | 80 X | = | +| Severe | 40 X | = | 40 X | FILED | +| Moderate | 18 X | = | | | + +Clear Standard Department + +IV. PRIOR RECORD: Supplemental page attached + +| FEL/MM DEGREE | F.S.# | OFFENSE LEVEL | QUALIFY A S C R | DESCRIPTION | NUMBER | POINTS | TOTAL | +|---------------|-------|---------------|--------------------------------------------------------------------------------|-------------|--------|--------|-------| +| | | | O O | | | X | = | +| | | | O O | | | X | = | +| | | | O O | | | X | = | +| | | | O O | | | X | = | +| | | | O O | | | X | = | +| | | | O O | | | X | = | + +(Level - Points: M=0.2, 1=0.5, 2=0.8, 3=1.6, 4=2.4, 5=3.6, 6=9, 7=14, 8=19, 9=23, 10=29) + +Supplemental page points + +56.7 + JUL 07 2008 + MER EFTA02823329 + +2006CF945P X + Jeffrey Epstein + +V. Legal Status violation = 4 Points + +VI. Community Sanction violation before the court for sentencing + 6 points x each successive violation OR + New felony conviction = 12 points x each successive violation + +V. \_\_\_\_ + VI. \_\_\_\_ + +VII. Firearm/Semi-Automatic or Machine Gun = 18 or 25 Points + +VII. \_\_\_\_ + +VIII. Prior Serious Felony = 30 Points + +VIII. 56.7 + +Subtotal Sentence Points + +IX. Enhancements (only if the primary offense qualifies for enhancement) + +| Law Enforcement Protection | Drug Trafficking | Grand Theft Motor Vehicle | Street Gang
(offenses committed on or after 10-1-96) | Domestic Violence
(offenses committed on or after 10-1-97) | +|----------------------------|------------------|---------------------------|---------------------------------------------------------|---------------------------------------------------------------| +| __ x 1.5 __ x 2.0 __ x 2.5 | __ x 1.5 | __ x 1.5 | __ x 1.5 | __ x 1.5 | + +Enhanced Subtotal Sentence Points IX. 56.7 + +TOTAL SENTENCE POINTS 56.7 + +SENTENCE COMPUTATION + +If total sentence points are less than or equal to 44, the lowest permissible sentence is any non-state prison sanction. + +If total sentence points are greater than 44: + \_\_\_\_\_ 56.7 \_\_\_\_\_ minus 28 = 28.7 x .75 = 21.5 + \_\_\_\_\_ total sentence points \_\_\_\_\_ lowest permissible prison sentence in months + +The maximum sentence is up to the statutory maximum for the primary and any additional offenses as provided in s. 775.082, F.S., unless the lowest permissible sentence under the code, exceeds the statutory maximum. Such sentences may be imposed concurrently or consecutively. If total sentence points are greater than or equal to 363, a life sentence may be imposed. + +\_\_\_\_\_ + \_\_\_\_\_ maximum sentence in years + +TOTAL SENTENCE IMPOSED + +| Years | Months | Days | +|--------------------------------------------|------------------------------|--------------------| +| State Prison | 12 | _____ | +| County Jail | 12 | _____ | +| Community Control | 18 months | in terms of | +| Probation | (un) (control) | in terms of | + +Please check if sentenced as habitual offender, habitual violent offender, violent career criminal, prison reparate reoffender, or a mandatory minimum applies. + + Mitigated Departure Plea Bargain + Other Reason + +JUDGE'S SIGNATURE Daniel Epstein \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823329/EFTA02823329.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823329/EFTA02823329.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..108226c84357cfa9ac77ac2e6e273bacb4deedf2 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823329/EFTA02823329.metadata.json @@ -0,0 +1,189 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823329.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 8114, + "elapsed_seconds": 10.03, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "RULE 3.992 (A) PURIMINAL PUNISHMENT CODE (B) RESHEET", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 119.92500000000001, + 20.25 + ], + [ + 476.625, + 20.25 + ], + [ + 476.625, + 40.5 + ], + [ + 119.92500000000001, + 40.5 + ] + ] + }, + { + "title": "IX. Enhancements (only if the primary offense qualifies for enhancement)", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 21.525000000000002, + 186.3 + ], + [ + 332.1, + 186.3 + ], + [ + 332.1, + 202.5 + ], + [ + 21.525000000000002, + 202.5 + ] + ] + }, + { + "title": "SENTENCE COMPUTATION", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 206.02499999999998, + 287.54999999999995 + ], + [ + 356.7, + 287.54999999999995 + ], + [ + 356.7, + 303.75 + ], + [ + 206.02499999999998, + 303.75 + ] + ] + }, + { + "title": "TOTAL SENTENCE IMPOSED", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 206.02499999999998, + 498.15000000000003 + ], + [ + 365.92499999999995, + 498.15000000000003 + ], + [ + 365.92499999999995, + 518.4000000000001 + ], + [ + 206.02499999999998, + 518.4000000000001 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 7 + ], + [ + "Form", + 6 + ], + [ + "PageHeader", + 1 + ], + [ + "SectionHeader", + 1 + ], + [ + "Table", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 35 + ], + [ + "SectionHeader", + 5 + ], + [ + "PageFooter", + 4 + ], + [ + "Table", + 3 + ], + [ + "PageHeader", + 2 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823329" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.md b/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.md new file mode 100644 index 0000000000000000000000000000000000000000..791850d829d513d01840f8abd33927e98496d40f --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.md @@ -0,0 +1,78 @@ +4050 +IN THE COUNTY COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT, CRIMINAL DIVISION, +IN AND FOR PALM BEACH COUNTY, FLORIDA. + +CASE NO: ADDCCF9454AXX +STATE OF FLORIDA +vs. +Defendant: +Social Security No. [REDACTED] +Date of Birth: 11/20/53 + +RECORDER'S SPACE + +ORDER ASSESSING ADDITIONAL CHARGES, COSTS AND FINES AND ENTERING JUDGMENT (IF INDICATED) + +The Defendant is hereby ordered to Pay and a judgment is hereby entered on behalf of Palm Beach County, Palm Beach County Administrative Complex, Palm Beach County, Florida 33401 and the State of Florida, Florida Department of Financial Services, Tallahassee, Florida 32399 in the following sums as indicated: + +INITIAL +IF WAIVED + +Fines + +- 1. \$ [REDACTED] + 2. \$ [REDACTED] + 3. \$ [REDACTED] + 4. \$ 50.00 + 5. \$ 3.00 + 6. \$ 50.00 + 7. \$ 2.00 + 8. \$ 200.00 + 9. \$ 65.00 + 10. \$ 3.00 + 11. \$ 40.00 + 12. \$ 150.00 + 13. \$ [REDACTED] + 14. \$ [REDACTED] + 15. \$ [REDACTED] + 16. \$ [REDACTED] + 17. \$ [REDACTED] + 18. \$ [REDACTED] + 19. \$ [REDACTED] + 20. \$ [REDACTED] + 21. \$ [REDACTED] + 22. \$ [REDACTED] + +Discretionary or Specific Offense/Required Costs + +- (Public Defender Application Fee) pursuant to Sections 27.52(2)(a) and 938.29, Florida Statutes (a \$40.00 fee shall be imposed if not previously collected or waived). Strike out if previously paid or represented by private counsel. + (Public Defender's Fees and Costs) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) and Local Administrative Order. (Minimum fee of \$150.00 is statutorily mandated following notice of imposition and right to contest amount, additional amount is discretionary). Strike out if represented by private counsel. + (Additional fees and costs of publicly appointed counsel) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) (notice of imposition and right to contest amount required). + (County Alcohol and Other Drug Abuse Trust Fund) pursuant to Sections 938.21 and 938.23, Florida Statutes (may be imposed for any criminal violation of s.316.193, s.856.011, s.856.015, or Chapters 562, 567, 568, or 893, but may mot exceed the amount of any fine imposed for the offense). + (DUI Court Cost) \$135.00 pursuant to Section 938.07, Florida Statutes for any violation of Sections 316.193 or 327.35 (statutorily mandated). + (Child Advocacy Center) \$101.00 pursuant to Section 938.10, Florida Statutes for any violation of Sections 784.085, 796.03, 800.04, 847.0145, 985.4045, or Chapters 787, 794, or 827, Florida Statutes (statutorily mandated). + (Domestic Violence Surcharge) \$201.00 pursuant to Section 938.08, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, 794.011, and any offense of Domestic Violence as described in Section 741.28, Florida Statutes (statutorily mandated). + (Rape Crisis Center Trust Fund) \$151.00 pursuant to Section 938.085, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, or 794.011. + (Operating Trust Fund of the FDLE) \$100.00 pursuant to Section 938.25, Florida Statutes (may be imposed for any criminal violation of s. 893.13 if the court finds defendant has ability to pay and will not be prevented thereby from being rehabilitated or from making restitution). + (Prosecution/Investigative Costs) The Court having considered the financial resources of the Defendant, the financial needs and ability of the Defendant, and other factors which this Court has deemed appropriate, a sum pursuant to 938.27, Florida Statutes (may be imposed where agency entitled to costs of prosecution requests and documents specific costs). + (State Agency Law Enforcement Radio System Trust Fund) \$3.00 pursuant to Sections 318.18 (17), Florida Statutes (statutorily mandated for violations of: fleeing/eluding; leave scene of crash; DUI; reckless driving; making false crash reports; failure/refusal to comply with lawful order; refusal to weigh vehicle; racing on highway; refusal to submit to breath/blood/urine test). + +Other Charges + +Payment of charges, costs, and fines are: + +- a condition of probation + to be paid IN FULL TODAY; Defendant to proceed immediately to the Clerk and Comptroller's Office to pay the full amount due. If payment is not made today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. + due immediately; hence, FOR WHICH LET EXECUTION ISSUE. This Judgment shall bear interest at the rate prescribed by law until satisfied. + due within \_\_\_\_ days/months/year and is to be paid through the Clerk and Comptroller's Office pursuant to a COLLECTIONS AGREEMENT established TODAY. + \$ \_\_\_\_ will be paid today to the Clerk and Comptroller's Office as a down payment on the collections agreement. If the Collection Agreement is not established today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. + to be paid by the Defendant performing: (circle one) community service or AA/NA meetings, at a rate of \$ \_\_\_\_ /per hour/meeting, due within \_\_\_\_ days/months/years in lieu of actual payment. + +FAILURE TO PAY YOUR FINES AND COURT COSTS WILL RESULT IN YOUR DRIVER'S LICENSE BEING SUSPENDED AND/OR A JUDGMENT BEING ENTERED AGAINST YOU AND/OR YOUR DELINQUENT ACCOUNT BEING REFERRED TO A COLLECTION AGENCY AND/OR A WARRANT BEING ISSUED FOR YOUR ARREST. + +DONE AND ORDERED in Open County Palm Beach County, Florida. +this \_\_\_\_ day of \_\_\_\_ 2007 + +CIRCUIT JUDGE +cc: GOLD: State Attorney YELLOW: Probation BLUE: Administrative Office of the Court PINK: Defense Counsel [REDACTED] Defendant Form Circuit (Rev 7/2007) Form 404-D \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..6058a16ff36dac3d1a649848d0cbaba30fc4664e --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823331/EFTA02823331.metadata.json @@ -0,0 +1,247 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823331.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 5807, + "elapsed_seconds": 27.53, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "4050\nIN THE COUNTY COURT OF THE FIFTEENTH\nJUDICIAL CIRCUIT, CRIMINAL DIVISION,\nIN AND FOR PALM BEACH COUNTY, FLORIDA.", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 23.37, + 41.25 + ], + [ + 250.92000000000002, + 41.25 + ], + [ + 250.92000000000002, + 80.85 + ], + [ + 23.37, + 80.85 + ] + ] + }, + { + "title": "RECORDER'S SPACE", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 347.47499999999997, + 148.5 + ], + [ + 452.02500000000003, + 148.5 + ], + [ + 452.02500000000003, + 160.875 + ], + [ + 347.47499999999997, + 160.875 + ] + ] + }, + { + "title": "ORDER ASSESSING ADDITIONAL CHARGES, COSTS AND FINES AND ENTERING JUDGMENT (IF INDICATED)", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 95.32499999999999, + 169.125 + ], + [ + 519.675, + 169.125 + ], + [ + 519.675, + 181.5 + ], + [ + 95.32499999999999, + 181.5 + ] + ] + }, + { + "title": "INITIAL\nIF WAIVED", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 23.37, + 198.0 + ], + [ + 64.57499999999999, + 198.0 + ], + [ + 64.57499999999999, + 214.5 + ], + [ + 23.37, + 214.5 + ] + ] + }, + { + "title": "Fines", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 298.275, + 214.5 + ], + [ + 316.725, + 214.5 + ], + [ + 316.725, + 222.75 + ], + [ + 298.275, + 222.75 + ] + ] + }, + { + "title": "Discretionary or Specific Offense/Required Costs", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 236.77499999999998, + 358.875 + ], + [ + 384.375, + 358.875 + ], + [ + 384.375, + 367.125 + ], + [ + 236.77499999999998, + 367.125 + ] + ] + }, + { + "title": "Other Charges", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 285.975, + 585.75 + ], + [ + 335.175, + 585.75 + ], + [ + 335.175, + 594.0 + ], + [ + 285.975, + 594.0 + ] + ] + }, + { + "title": "Payment of charges, costs, and fines are:", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 21.525000000000002, + 614.625 + ], + [ + 144.52499999999998, + 614.625 + ], + [ + 144.52499999999998, + 627.0 + ], + [ + 21.525000000000002, + 627.0 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 61 + ], + [ + "SectionHeader", + 14 + ], + [ + "ListGroup", + 3 + ], + [ + "PageHeader", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "Table", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823331" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.md b/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.md new file mode 100644 index 0000000000000000000000000000000000000000..ff788d66fc21238562789fb6d64ecfb948c57475 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.md @@ -0,0 +1,267 @@ +IN THE CIRCUIT COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR +PALM BEACH COUNTY + +CASE NO. 2006 CF 009454AXX + +DIVISION W + +STATE OF FLORIDA + +vs. + +Seffrey Epstein + +ON July 2, 2008 + +FILED +2006 JUL 2 PM 3:40 + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Other Non-Prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +AB JUL 03 2008 + +# IN RE: INVESTIGATION OF JEFFREY EPSTEIN + +### PiON-PROSF,CTIFION AGREEMENT + +IT APPEARING that the City of Palm Beach Police Department and the State Attorney's Office for the 15th Judicial Circuit in and for Palm Beach County (hereinafter, the "State Attorney's Office") have conducted an investigation into the conduct of k:ffrey Epstein (hereinafter "Epstein"); C + +IT APPEARING that the State Attorney's Office has charged Epstein try indictment with solicitation of prostitution, in violation of Florida Statutes Section 796.07; + +IT APPEARING that the United States AlSomey's Office and the Federal Bureau of Investigation have conducted their own investigation into Epstein's background and any offenses that may have been committed by Epstein against the United States from in or around 2001 through in or around September 2007, including: + +- (1) knowingly and willfully conspiring with others known and unknown to commit an offense against the United States, that is, to use a facility or means of interstate or foreign commerce to knowingly persuade, induce, or entice minor females to engage in prostitution, in violation of Title 18, United States Code, Section violation ofTitle 18, United States Code, Section 371; +- (2) knowingly and conspiring with others known and unknown to travel in interstate commerce for the purpose of engaging in illicit sexual conduct as defined in 18 U.S.C. § 2423(f), with minor females, in violation of Tide 18, United States Code, Section 2423(O, all in violation of Tnle 18, United States Code, Section 2423(e); using a facility or means of interstate or foreign commerce to knowingly 'persuade, induce, or entice minor females to engage in prostitution; in violation of Title 18, United States Code, Sections 2422(b) and 2.; +- (4) traveling in interstate commerce for the purpose of engaging in illicit sexual conduct, as defined in 18 U.S.C. § 2423(0, with minor frInntry in violation + +of Title 18, United States Code, Section 2423(b); and + +- (5) knowingly, in and affecting interstate and foreign commerce, recruiting, enticing, andobtaining by any means aperson, knowing that the person had not attained the age of 18 years and would be caused to engage hi commercial se act as defined in 18 U.S.C. § 159 I(eX1); 18,thlitedSmtesCxxkl,Sections1591(O(1)and24and in violation + +IT APPEARING matEpstein enksto resolve globally his state and feclertil Liability and Epstein understands and acknowledges that, in exchange for the benefits provided by this agreement, he agrees to comply with its terms, ineludingundertaking certain actions with the State Attorney's Office; + +IT APPEARING, after an investigation of the offenses and Epstehis background by both Suite and Federal law enforcement agencies, and after due consultation with the State Attorneys Office, that the interests of the United States, the State of Florida, and the Defendant will be served by the following procedure; + +THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida, prosecution in this District for these offenses shall be \*faxed in favor of prosecution by the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement set forth below, + +If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein wi (Mb, violated any of the conditions of this Agreement, then the United States Attorney may, within ninety (90) days following the expiration of the tam of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violater', and shall initiate its prosecution on any offense within sixty (60) days' of giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for adetermination of a breach of the Agreement 70.5%., + +After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this A gra:meat, nor any other offenses that have been the subject of the joint investigation by the Federal &man of Invi tigtaion and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the chintz easing Epstek, if any,will be dismissed. + +## Teams of the Agreement: + +- 1. Epstein shell plead guilty (not nolo contendere) to the Indictment as currently pending against him in the 15th Judicial Circuit in and for Palm Beach County (Case No. 2006-cf-009495A)OXXMB) charging one (1) count of solicitation of prostitution, in violation of FL Snit § 796.07. In addition, Epstein shall plead guilty to an Information filed by the State Attorney's Office charging Epstein with an offense that requires him to register as a sex offender, that is, the solicitation of \*10 minors to engage in prostitution, in violation of StatUtes Section 796.03; +- 2. Epstein shall make a binding recommendation that um %Ana. impose a thirty (30) month sentence to be divided as followit + - (a) Epstein shall be sentenced to consecutive terms of twelve (12) months and six (6) months in county jail for all charges, without any opportunity for withholding adjudication or sentencing, and without probation or community control in lieu of imprisonment; and + - (b) Epstein shall be sentenced to a term of twelve (12) months of community control consecutive to his two tams in county jail as described in Term 2(n), supra. +- 3. This agreement is contingent upon a Judge of the 15th Judicial Circuit accepting and executing the =team agreed upon between the State Attorney's Office and Epstein, the details of which are set forth in this agreement +- 4. The terms contained in paragraphs 1 and 2, supra, do not foreclose Epstein and the State Attorney's Office from agreeing to recommend any additional charge(s) or any additional terro(s) of probation and/or incarceration. Epstein shall waive all challenges to the Information filed by the State Attorney's Office and shall waive the rigbt to appeal his conviction and sentence, except a sentence that exceeds when is set forth in paragraph (2), supra. Epstein shall provide to the U.S. Attorney's Office copies of nil + +proposed agreements with the State Attorney's Office prior to entering into those agreements. + +1. 7. The United States shall provide Epstein's attorneys with a list of individuals whom it has identified as victims, as defined in 18 U.S.C. § 2255, after Epstein has signed this agreement and been sentenced. Upon the execution of this agreement, the United States, in consultation with and subject to the good faith approval of Epstein's counsel, shall select an attorney representative for these persons, who shall be paid for by Epstein. Epstein's counsel may contact the identified individuals through that representative. +2. 8. If any of the individuals referred to in paragraph (7), *supra*, elects to file suit pursuant to 18 U.S.C. § 2255, Epstein will not contest the jurisdiction of the United States District Court for the Southern District of Florida over his person and/or the subject matter, and Epstein waives his right to contest liability and also waives his right to contest damages up to an amount as agreed to between the identified individual and Epstein, so long as the identified individual elects to proceed exclusively under 18 U.S.C. § 2255, and agrees to waive any other claim for damages, whether pursuant to state, federal, or common law. Notwithstanding this waiver, as to those individuals whose names appear on the list provided by the United States, Epstein's signature on this agreement, his waivers and failures to contest liability and such damages in any suit are not to be construed as an admission of any criminal or civil liability. +3. 9. Epstein's signature on this agreement also is not to be construed as an admission of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person whose name does not appear on the list provided by the United States. +4. 10. Except as to those individuals who elect to proceed exclusively under 18 U.S.C. § 2255, as set forth in paragraph (8), *supra*, neither Epstein's signature on this agreement, nor its terms, nor any resulting waivers or settlements by Epstein are to be construed as admissions or evidence of civil or criminal liability or a waiver of any jurisdictional or other defense as to any person, whether or not her name appears on the list provided by the United States. +5. 11. Epstein shall use his best efforts to enter his guilty plea and be + +--- + +sentenced not later than October 26, 2007. The United States has no objection to Epstein self-reporting to begin serving his sentence not later than January 4, 2008. + +--- + +1. 12. Epstein agrees that he will not be afforded any benefits with respect to gain time, other than the rights, opportunities, and benefits as any other inmate, including but not limited to, eligibility for gain time credit based on standard rules and regulations that apply in the State of Florida. At the United States' request, Epstein agrees to provide an accounting of the gain time he carned during his period of incarceration. +2. 13. The parties anticipate that this agreement will not be made part of any public record. If the United States receives a Freedom of Information Act request or any compulsory process commanding the disclosure of the agreement, it will provide notice to Epstein before making that disclosure. + +Epstein understands that the United States Attorney has no authority to require the State Attorney's Office to abide by any terms of this agreement. Epstein understands that it is his obligation to undertake discussions with the State Attorney's Office and to use his best efforts to ensure compliance with these procedures, which compliance will be necessary to satisfy the United States' interest. Epstein also understands that it is his obligation to use his best efforts to convince the Judge of the 15th Judicial Circuit to accept Epstein's binding recommendation regarding the sentence to be imposed, and understands that the failure to do so will be a breach of the agreement. + +In consideration of Epstein's agreement to plead guilty and to provide compensation in the manner described above, if Epstein successfully fulfills all of the terms and conditions of this agreement, the United States also agrees that it will not institute any criminal charges against any potential co-conspirators of Epstein, including but not limited to [redacted], [redacted], Lesley Groff, or [redacted]. Further, upon execution of this agreement and a plea agreement with the State Attorney's Office, the federal Grand Jury investigation will be suspended, and all pending federal Grand Jury subpoenas will be held in absence unless and until the defendant violates any term of this agreement. The defendant likewise agrees to withdraw his pending motion to intervene and to quash certain grand jury subpoenas. Both parties agree to maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued, and including certain computer equipment, inviolate until all of the terms of this agreement have been satisfied. Upon the successful completion of the terms of this agreement, all outstanding grand jury subpoenas shall be deemed withdrawn. + +By signing this agreement, Epstein asserts and certifies that each of these terms is material to this agreement and is supported by independent consideration and that a breach of any one of these conditions allows the United States to elect to terminate the agreement and to investigate and prosecute Epstein and any other individual or entity for any and all federal offenses. + +By signing this agreement, Epstein asserts and certifies that he is aware of the fact that the Sixth Amendment to the Constitution of the United States provides that in all criminal prosecutions the accused shall enjoy the right to a speedy and public trial. Epstein further is aware that Rule 48(b) of the Federal Rules of Criminal Procedure provides that the Court may dismiss an indictment, information, or complaint for unnecessary delay in presenting a charge to the Grand Jury, filing an information, or in bringing a defendant to trial. Epstein hereby requests that the United States Attorney for the Southern District of Florida defer such prosecution. Epstein agrees and consents that any delay from the date of this Agreement to the date of initiation of prosecution, as provided for in the terms expressed herein, shall be deemed to be a necessary delay at his own request, and he hereby waives any defense to such prosecution on the ground that such delay operated to deny him rights under Rule 48(b) of the Federal Rules of Criminal Procedure and the Sixth Amendment to the Constitution of the United States to a speedy trial or to bar the prosecution by reason of the running of the statute of limitations for a period of months equal to the period between the signing of this agreement and the breach of this agreement as to those offenses that were the subject of the grand jury's investigation. Epstein further asserts and certifies that he understands that the Fifth Amendment and Rule 7(a) of the Federal Rules of Criminal Procedure provide that all felonies must be charged in an indictment presented to a grand jury. Epstein hereby agrees and consents that, if a prosecution against him is instituted for any offense that was the subject of the grand jury's investigation, it may be by way of an Information signed and filed by the United States Attorney, and hereby waives his right to be indicted by a grand jury as to any such offense. + +/// + +/// + +/// + +By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. + +R. ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: \_\_\_\_\_ + +By: \_\_\_\_\_ + +A. MARIE VILLAFANA +ASSISTANT U.S. ATTORNEY + +Dated: 9/24/07 + +![]()Dated: \_\_\_\_\_ + +GERALD LEFCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +LILLY ANN SANCHEZ, ESQ. +ATTORNEY FOR JEFFREY EPSTEIN + +Ry signing this agreement, Epstein asserts and certifies that the above bas been rend and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. + +Dated: By: + +Dated; + +Dated: 7/ 2-Y107 + +Dated: + +R. ALEXANDER ACOSTA UNITED STATES ATTORNEY + +A. MARIE VILLAFARA ASSISTANT U.S. ATTORNEY° + +JEFFREY E2 + +COUNSEL TO EPSTEIN + +' N C + +LILLY ANN SANCEEZ, ESQ. ATTORNEY FOR JEFFREY EPSTEIN + +By signing this agreement, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the conditions of this Non-Prosecution Agreement and agrees to comply with them. + +R. ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: \_\_\_\_\_ + +By: + +A. MARIE VILLAFAÑA +ASSISTANT U.S. ATTORNEY + +Dated: \_\_\_\_\_ + +JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +GERALD LEFCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: 9-24-07 + +![]()IN RE: + +INVESTIGATION OF + +JEFFREY EPSTEIN + +ADDENDUM TO THE NON-PROSECUTION AGREEMENT + +IT APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: + +1. 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. +2. 7B. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. +3. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential statements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. § 2235 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in § 2235 to bear the costs of the attorney representative, shall cease. + +By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to thin. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. + +R ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: 10/30/07 + +By: Jeffrey H. Homan FAUSA +A. MARIE VILLAPAÑA +ASSISTANT U.S. ATTORNEY + +Dated: 14/29/07 + +JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +GERALD LEFCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +LILLY ANN SANCHEZ, ESQ. +ATTORNEY FOR JEFFREY EPSTEIN + +NOTA CERTIFIED BY + +By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. + +R ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: 10/30/07 + +By: [Signature] Howard FAUSA +~~OF A [REDACTED] VILLAFANA~~ +ASSISTANT U.S. ATTORNEY + +Dated: \_\_\_\_\_ + +Dated: 10/29/07 + +JEFFREY EPSTEIN +GERALD LEFCOURT, ESQ. +GERALD LEFCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +LILY ANN SANCHEZ, ESQ. +ATTORNEY FOR JEFFREY EPSTEIN + +NOTA CERTIFIED + +By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. + +R. ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: 10/30/07 + +By: + +*Handwritten signature:* A. Marie Villafaña +ASSISTANT U.S. ATTORNEY + +Dated: \_\_\_\_\_ + +\_\_\_\_\_ +JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +\_\_\_\_\_ +GERALD LEPCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: 12/29/07 + +\_\_\_\_\_ +LILLY ANN SANCHEZ, ESQ. +ATTORNEY FOR JEFFREY EPSTEIN + +NOTA CERTIFIED COPY \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..b1ca92c6e653cc28fd1f94a065266ab12c07377d --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823332/EFTA02823332.metadata.json @@ -0,0 +1,588 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823332.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 14, + "chars": 19628, + "elapsed_seconds": 12.07, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 326.565, + 59.129999999999995 + ], + [ + 597.165, + 59.129999999999995 + ], + [ + 597.165, + 102.87 + ], + [ + 326.565, + 102.87 + ] + ] + }, + { + "title": "IN RE: \nINVESTIGATION OF \nJEFFREY EPSTEIN", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 110.60999298095703, + 142.52886962890625 + ], + [ + 221.47706604003906, + 142.52886962890625 + ], + [ + 221.47706604003906, + 182.95416259765625 + ], + [ + 110.60999298095703, + 182.95416259765625 + ] + ] + }, + { + "title": "PiON-PROSF,CTIFION AGREEMENT", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 210.3000030517578, + 206.54999999999998 + ], + [ + 389.20953369140625, + 206.54999999999998 + ], + [ + 389.20953369140625, + 218.70000000000002 + ], + [ + 210.3000030517578, + 218.70000000000002 + ] + ] + }, + { + "title": "Teams of the Agreement:", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 139.60500000000002, + 120.69 + ], + [ + 247.84500000000003, + 120.69 + ], + [ + 247.84500000000003, + 133.464599609375 + ], + [ + 139.60500000000002, + 133.464599609375 + ] + ] + }, + { + "title": "ADDENDUM TO THE NON-PROSECUTION AGREEMENT", + "heading_level": null, + "page_id": 10, + "polygon": [ + [ + 131.60999999999999, + 218.70000000000002 + ], + [ + 370.84499999999997, + 218.70000000000002 + ], + [ + 370.84499999999997, + 231.66 + ], + [ + 131.60999999999999, + 231.66 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 23 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 68 + ], + [ + "Line", + 34 + ], + [ + "Text", + 3 + ], + [ + "ListItem", + 3 + ], + [ + "PageHeader", + 2 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 431 + ], + [ + "Line", + 10 + ], + [ + "Text", + 6 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ], + [ + "ListGroup", + 1 + ], + [ + "ListItem", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 74 + ], + [ + "Line", + 36 + ], + [ + "ListItem", + 6 + ], + [ + "PageHeader", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "SectionHeader", + 1 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "surya", + "block_counts": [ + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 4 + ], + [ + "Text", + 2 + ], + [ + "ListGroup", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 5, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 6 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 4 + ], + [ + "ListGroup", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 6, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 10 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 7, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 38 + ], + [ + "Text", + 24 + ], + [ + "Line", + 19 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 8, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 44 + ], + [ + "Line", + 19 + ], + [ + "Text", + 12 + ], + [ + "PageHeader", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 9, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 22 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 10, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 7 + ], + [ + "PageHeader", + 4 + ], + [ + "SectionHeader", + 3 + ], + [ + "ListGroup", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 11, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 22 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 12, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 21 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 13, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 25 + ], + [ + "PageHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823332" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.md b/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.md new file mode 100644 index 0000000000000000000000000000000000000000..cd866ff4236fb8e4f41db9c6f7a4a918019539f8 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.md @@ -0,0 +1,40 @@ +IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, +IN AND FOR PALM BEACH COUNTY, FLORIDA + +STATE OF FLORIDA + +CASE NO.: 2006CF009454AXX +DIVISON: "W" + +vs. + +JEFFREY EPSTEIN, + +Defendant. +\_\_\_\_\_ + +**AGREED ORDER SEALING 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 number. The Court being fully apprised in the circumstances, it is hereby: + +ORDERED AND ADJUDGED that the 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. + +*Deborah Dale Pucillo* +DEBORAH DALE PUCILLO +Circuit Court Judge + +Copies forwarded to: + +Jack A. Goldberger, Esq. +Counsel for the Defendant +250 Australian Avenue South, Ste. 1400 +West Palm Beach, Florida 33401 + +Lanna Belohlavek, Esq. +Assistant State Attorney +(interoffice) + +AB JUL 03 2008 +54 \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..4130741bb07dfe612a8dc881eef9ddd5a448eb50 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823346/EFTA02823346.metadata.json @@ -0,0 +1,105 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823346.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 993, + "elapsed_seconds": 4.5, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 124.845, + 72.08999999999999 + ], + [ + 488.31000000000006, + 72.08999999999999 + ], + [ + 488.31000000000006, + 106.11000000000001 + ], + [ + 124.845, + 106.11000000000001 + ] + ] + }, + { + "title": "AGREED ORDER SEALING DOCUMENT IN COURT FILE", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 103.32000000000002, + 247.86 + ], + [ + 440.34000000000003, + 247.86 + ], + [ + 440.34000000000003, + 272.15999999999997 + ], + [ + 103.32000000000002, + 272.15999999999997 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 181 + ], + [ + "Line", + 31 + ], + [ + "Text", + 28 + ], + [ + "SectionHeader", + 3 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823346" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.md b/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.md new file mode 100644 index 0000000000000000000000000000000000000000..7ddae6b2188a921bbf4923c636e2d7f07ed31650 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.md @@ -0,0 +1,1195 @@ +IN THE CIRCUIT COURT OF THE +FIFTEENTH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION + +STATE OF FLORIDA ) +vs ) +JEFFREY EPSTEIN ) +Defendant. ) + +CASE NO. 06 CF9454AMB + +PLEA CONFERENCE + +2008 JUL 22 PM 3:12 +SHARON R. EOCK, CLERK +PALM BEACH COUNTY, FL +CIRCUIT CRIMINAL + +FILED + +- 10 +- 11 +- 12 +- 13 +- 14 +- 15 +- 16 +- 17 +- 18 +- 19 +- 20 +- 21 +- 22 +- 23 +- 24 +- 25 + +PRESIDING: HONORABLE DEBORAH DALE PUCILLO + +APPEARANCES: + +ON BEHALF OF THE STATE: +BARRY E. KRISCHER, ESQUIRE +State Attorney +401 North Dixie Highway +West Palm Beach, Florida 33401 +By: LANNA BELOHLAVEK, ESQUIRE +Assistant State Attorney + +ON BEHALF OF THE DEFENDANT: +ATTERBURY, GOLDBERGER & WEISS, P.A. +250 Australian Avenue South +Suite 1400 +West Palm Beach, Florida 33401 +By: JACK GOLDBERGER, ESQUIRE + +June 30, 2008 +Palm Beach County Courthouse +West Palm Beach, Florida 33401 +Beginning at 8:40 o'clock, a.m. + +ORIGINAL + +BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO, one of the judges of the aforesaid court, at the Palm Beach County Courthouse, located in the City of West Palm Beach, State of Florida on June 20, 2008 beginning at 8:40 o'clock, a.m. with appearances as hereinbefore noted, to wit: + +THEREUPON: + +MR. GOLDBERGER: Good morning, Judge, Jack Goldberger on e alt of Epstein. Jeffrey + +THE CZINSs.ir ood morning. + +MR OINBERGER: Your Honor, we are here plea conference. + +COURT: Raise your right hand. + + THEREUket, + +JEFFREY EPSTEIN, after being called as awitness by the Defense and after being first duly sworn by the Court, was examined and testified as follows: + +THE DEFENDANT: Yes, + +THE COURT: Is this one case or two? + +MS. BELOHLAVEK: Two. + +THE COURT: May I see the PC + +1affidavit in both cases, please? + +MS. BELOHLAVEK: There are no PC affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all testimony presented to the grand jury. + +7 8 then? THE COURT: Let me see the Indictment + +9 10 I have Informatio? IC one n Indictme t, one + +11 MS. BELOHLAV cl rect. ) + +12 THE COURT, 13 ne case is charged by Asir indictment, charged by Information? + +14 MS EL LAVEK: Correct. + +15 16 17 18 19 20 21apply, is that correct, State? 4t1) %." URT: In case 2006036744 you ' ( A are cha ged with procuring a person under 18for prostitution, asecond degree felony, maximum penalty of fifteen years Department of Corrections; minimum, some period of probation. No mandatory minimum + +22MS. BELOHLAVEK: Correct. + +23THE COURT: And in case number 06 249454CF, you are charged with felony 25solicitation to prostitution, athird + +1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 4 Corrections, and a minimum, probation. No mandatory minimums, correct? + +5 MS. BELOHLAVEK: Correct. + +6 THE COURT: The defendant has -(no 7 prior criminal record? + +8 MS. BELOHLAVEK: Corre + +9 MR. GOLDBERGER: .Ye ur Honor. + +10 THE COURT: You iced 11 well as State reco s the NCIC as + +12 MS. BELOH • Yes. + +13 14 15 16 17 Both sides agree to the preparation of the 18 e<: guideline score sheet? THE Cl\$ nd the guideline score AC sheet I e fore me shows 21.5 months in the Dep07, rent imil of Corrections as the lowest permissible prison sentence in months. + +19 (b.) MR. GOLDBERGER: We so agree, Your 20 Honor. + +21 MS. BELOHLAVEK: Yes. + +22 THE COURT: What is proposed -- it 23 goes on for pages. + +24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my client to community control, sex offender status. + +THE COURT: I understand. + +Okay. What is proposed -- those are the maximums and minimums, Mr. Epstein. What is proposed is that you will be pleading guilty to felony solici t to prostitution and procuring a pe tunder 18 for prosecution. A PSI wo1d be waived, you would be adjudicat uilty of both felonies, is that ►(~e r + +MS. BELOH : Correct. + +THE CO nd on 06 9454, the defendan 0 sentenced to 12-months in the P ch County -- detention fac li He's going to do time in the "V? . + +served. And on 08 9381, he is to be sentenced to six months in the Palm Beach County jail detention facility, with credit for one day served. And the six month sentence is to be served consecutive to the 12 month sentence? THE COURT: With credit for one day + +MS. BELOHLAVEK: Yes. + +MS. BELOHLAVEK: Correct. + +sentence, the defendant will be placed on THE COURT: Following the six months -months of community control one. The conditions of the community control are attached hereto and incorporated herein. + +community control, he's to ha unsupervised contact with ino and the supervising adult must approved -- and I As a special condition would say, pre-appr pproved ahead of e time, not after ehSs fct by the Department of Correctio S ASici n dyou would mean by that his comm ty ce" ontrol officer? + +statute, a copy of which is attached hereto and incorporated herein. The defendant must provide aDNA sample in court at the time of this plea. Is this the -- and the attachments are the terms and conditions of community control. There are some COURT: The defendant is designated as asexual offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the + +t..' LOHLAVEK: Correct. + +squiggles on the bottom of the page, what would those squiggles be? + +MR. GOLDBERGER: Thank you, Your Honor, those are my client's signature acknowledging that we have gone over all the conditions. + +THE COURT: One page after 1 412ea sheet that really spells out rms and A\ conditions of community contro , Florida Statute 948.101, Mr. E s ein, is that squiggle at the bo r squiggle? + +THE DEFENt or Yes, IIIIII. + +THE CO ould those be your initials? + +EFENDANT: Yes, NIS + +H COURT: Did you read all of that + +THE DEFENDANT: Yes, + +THE COURT: Can you read? + +THE DEFENDANT: Yes, + +THE COURT: How far did you go in school? + +THE DEFENDANT: High school. + +THE COURT: That's your highest degree? + +1THE DEFENDANT: Yes.2THE COURT: And is this your +signature on the plea sheet that recites +the terms of the plea I just read? + +3THE DEFENDANT: Yes, ██████████.4THE COURT: Did you read that +document as well? + +5THE DEFENDANT: Yes, ma'am.6THE COURT: You understand once you +do your 12 months followed by your six +months all in the Palm Beach County jail +you will then be put on community control +which involves having an electronic monitor +attached to you and -- + +7MR. GOLDBERGER: Actually Your Honor, +the agreement of the parties is to, it's +community control one which is not monitor. + +8THE COURT: ██████████, community control +one, is that spelled out in here? + +9MS. BELOHLAVEK: Yes.10MR. GOLDBERGER: Yes, it is, Your +Honor. + +11MS. BELOHLAVEK: He does not fall +under the Jessica Lunsford Act which +requires the bracelet. + +12THE COURT: Community control two. + +MS. BELOHLAVEK: Correct, + +THE COURT: Community control one -- that would be no electronic monitor? + +MR. GOLDBERGER: That is correct. + +THE COURT: Now which of the terms and conditions of community control one are you incorporating? + +MR. GOLDBERGER: I can go through La/ them with Your Honor. + +MR OL ERGER: These are the stand ditions of community control by statute would apply to anyone that goes on community control and out of an abundance of caution, we simply memorialized those standard conditions in the plea sheet agreement. + +specified contact with the parole and THE COURT: The Court shall require intensive supervision and surveillance for an offender placed on community control which may include but is not limited to + +THE COURT: Neas Ac ;)l the them appear ). to be articulat in the plea sheet which is why I'm(c Es + +probation officer, specified by who? + +PROBATION OFFICER: Specified by you, Your Honor. + +THE COURT: I don't see that in the plea sheet. That's why I'm asking the questions. No one has specified how often, how frequently he is to have contact with his parole and probation officer. Confinement to an agreed upon residence during the tours away employment and c! ir 5 public service act t , as that been articulated? + +MS. B Ailt ;8Se K: I believe Judge Mokt somew as astandard order the bench up there regarding thi , told by the prosecutor. + +MS. LENHARDT: Judge, usually this is eprobation sheet she hands out to folks. + +sheets -- I have seen them incorporated in plea agreements which is why I'm asking. THE COURT: I have seen those + +MR. GOLDBERGER: I see. + +THE COURT: Is there some reason you didn't use this particular document in this case? + +1MS. BELOHLAVEK: I didn't realize 2until Ms. Lenhardt just told me that Judge 3McSorley has that. + +> MR. GOLDBERGER: We'd be happy to execute that document, Your Honor. We were we overreacted by just having hii sign off on all conditions of commun' 46ihntrol. + +> > THE COURT: Well, this + +MR. GOLDBERGER: Perhaps he better practice would be -- + +THE COURT: Judge McSorley e irwe'r is which makes 4sik ultimate se e egoing to be here half the rn g if we're going to decide ( Sn among oelves now what the --'SI) , the reason + +MR. GOLDBERGER: That makes sense. + +THE COURT: I'm not going to leave this just unspecified. + +MS. BELOHLAVEK: We can take care of that right now if you could give us afew minutes. + +THE COURT: All right. + +These are the standard conditions that Judge McSorley normally uses. If you like them, you need to circle the ones that 0 + +• + +1apply and everyone must initial them. We 2will go over it. If you wish to change 3you understand there is quite a bit of 4latitude given the court in putting 5somebody on community control. If you 6 7 8 9 10 11 12 13 14clear. want the community control 15offic wgets this case the day he walks 16ou alm Beach County to have any doubt 17 18 (Sr defendant is supposed to do, where he is agree to some change, let me know, but Ail understand at the outset that I' a l' ' g fan of specificity. Iwant to k vat he will be doing for employm nt. want to know exactly where he Ding to be living Vand I want it on t C 1 c rd now. It can 4s change but it c 4%11change with preapprova 4 IS )0", . I want it crystal on ;st II70,0"confusion as to exactly what this 19 (::) supposed to be when, exactly what I am 20~~ requesting that officer to supervise. + +21MS. BELOHLAVEK: Absolutely. + +22THE COURT: Okay. + +23 MR. GOLDBERGER: We will work on it. + +24 Thank you, Your Honor. + +25THE COURT: We will recall that case. + +1 (Brief recess.) + +MR. GOLDBERGER: Your Honor, we are back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley's conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document. + +MS. BELOHLAV Aces, and Your Honor, S lIk this defendant te , fall under the sex Ak A iir offender pro o but we have included special cif oender conditions as part of the commu SI ty control and they are all circled there. + +THE COURT: The plea agreement stated the defendant is designated as asexual 19offender pursuant to Florida Statute 20 942.035. + +MS. BELOHLAVEK: Correct. But the sex offender probation, the statute is different and only applies to certain offenses and this one was not enumerated. + +25THE COURT: Okay. I want to make + +sure both I and the defendant are clear. The sexual offender statute you are referring to in the plea sheet is the one that requires registration? + +MS. BELOHLAVEK: Correct. + +MR. GOLDBERGER: Correct. + +THE COURT: And we will tal ut 8 that. + +11that requires the s 12offender probat'dn THE COURT: But ot the one conditions of sex + +13MS. BE : Correct. + +15you w to disregard 948? He's read 16it?(::) TH Now, rather than 948, do + +17MS. BELOHLAVEK: He's read it. + +23in asecond as apart of the whole plea. THE COURT: We will leave it in there. But these conditions we are going to go over right now are going to be viewed in my mind, yes, and they have been signed by the defendant and we will go over that + +24MS. BELOHLAVEK: Correct. + +25THE COURT: So circled are + +MR. GOLDBERGER: Oka( str5::, 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 4 community service work or any other 6 officer. activity approved by your probation + +7 B, you will maintain a 8 accounting of all your activ\* n a 9 daily log which you will Wiliam to your k y supervising officer up request. + +> My unders a d about the daily log, maybe I'm ihlsN/, 61,?nfused from other Ag; cases I've lisd, ir is the daily log is a ?; s weekly 1 , guess it is submitted ahead of t e that correct? + +OBATION OFFICER: That is correct, our Honor. + +i lliir THE COURT: So part A, where he has to stay in his residence except for one hour before and after the approved employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. + +1 PROBATION OFFICER: That is correct, 2 Your Honor. + +3 THE COURT: As will his supervising 4 probation officer. And then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? + +7 PROBATION OFFICER: That is correct, 8 Your Honor. + +9 THE COURT: And the log form will be 10 provided by the depar ma t and he will be 11 turning that in ev, e he meets with 12 the probation t + +13 PROB FICER: That is correct, 14 Your Ho . + +15 OURT: Okay. So that applies 16 an F a plies. Does E apply? No. + +17 MS BELOHLAVEK: Did I circle E? + +18 19 the defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. THE COURT: No. F -- made one up, + +24 MR. GOLDBERGER: That is correct, 25 Your Honor. + +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 that he no longer owns the r sidence? + +• + +MR. GOLDBERGER: NotrIn cipated, l Your Honor. + +THE COURT: 44%)Should he not be t shoul h5C1 for whatever r - 18-months is a long se t be owning that residenc r .\$.,I), le to reside there, he will 15 have h AICZ atiligation of notifying his 16 pr t. n officer prior, and I emphasize r his, prior to his release from custody. I ssume that the department will be notified prior to, to his release? + +> PROBATION OFFICER: That is correct, Your Honor. + +THE COURT: And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and verify his address and employment + +1information? + +2PROBATION OFFICER: That is correct. + +3THE COURT: All address -- I assume all of this to and from work and any other approved activities restricts him to Palm Beach County, is that correct? + +18 + +19 + +PROBATION OFFICER: That is Your Honor. + +---) THE COURT: So let's e ar, everything, from the deTiialks out occurs in Palm Bea y, is that clear? + +MR. GOLDB Asfr, FIG : We understand, Your /CC 'Sy Honor. Tha o ect. + +T THOU : Then the additional cond f his probation, they are not se offender standard conditions, they are conditions that are being imposed specially in this case? + +MS. BELOHLAVEK: Correct. + +THE COURT: They are as follows, you shall submit to amandatory curfew from 10 p.m. to 6:00 a.m. regardless of any other activity, there will be no exceptions to being at home in house from 10 p.m. to 6 restrictions regarding work or approved + +23 + +a.m., is that correct? + +MS. BELOHLAVEK: Yes. + +THE COURT: If the victim was under 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 cage center, park, playground or othe where children regularly congre + +Has someone verifiedmat 358 El '' ) Brillo is such a place + + MS. BELOHLAVES) , but that will be done prior to h ase. + +THE CO o 358 El Brillo will not be appro ityit should happen to be one thous t from a school, day care ce er, park, playground or other place 44, is rather open. + +MR. GOLDBERGER: Where children gather. + +Brillo Way is aresidential neighborhood, are there areas there where children THE COURT: The Court knows 358 El + +THE COURT: Where children regularly congregate. + +MS. BELOHLAVEK: Right. + +0 + +1 regularly congregate? + +2 3 MS. BELOHLAVEK: I personally do not know. + +4 5 6 THE COURT: Neither do I, which is why I'm asking. Has that been investigated? + +7 8 9 10 11 12 MR. GOLDBERGER: We have e rdue diligence, for what it's wor• ere is a residential street. Thera of children congregating on that atr;#et We think the address applies, recognize that 44t esn't, we fully t live there. + +13 14 15 THE C S e Okay. D is, you shall not hay (ny S ontact with the victim, are ther r-than one victim? + +16 . BELOHLAVEK: There's several. + +17 18 19 THE COURT: Several, all of the ictims. So this should be plural. I'm making that plural. You are not to have any contact direct or indirect, and in this 21day and age I find it necessary to go over 22exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no 25telephone calls, no voice mails, no + +any of these victims with a message of any sort from you, is that clear? messages through carrier pigeon, no messages through third parties, no hey would you tell so and so for me, no having a friend, acquaintance or stranger approach + +THE DEFENDANT: Yes, + +THE COURT: And then it states, unless approved by the victim, the therapist and the sen eing court. Okay. + +> THE DEFENDAN nderstand. + +THE COURT d the sentencing court. So, if they desire which, I would think wo b abit strange to have contact w , hany of the victims the court must approve it. + +MS. BELOHLAVEK: Correct. + +THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming acondition of probation? + +MS. BELOHLAVEK: That is not. I don't believe I circled that one. + +1THE COURT: You did. + +2MR. GOLDBERGER: That's a mistake on our part. Actually the statute that he is pleading guilty to does not require the + +8one is not. He has already Veen in MS. BELOHLAVEK: I apologize, that 9treatment with a private syc atrist. + +THE COURT: I understand that, but you circled it. + +10THE COURT: Whi ou find to be an 11 adequate substitute ex offender program? ACe ' + +> EK: I -- it is not requireflnd based upon the evaluation and my contact with that doctor, I believe it's necessary at this don't point. + +17THE COURT: Has that been -- I assume 18ou have a law degree and do not have a 19l W Ph.D in a psychology or MD in psychiatry? + +> don't. MS. BELOHLAVEK: That is correct, I + +THE COURT: So it is just your judgement -- + +MS. BELOHLAVEK: Correct. + +THE COURT: -- that his treatment + +with some fancy private psychiatrist or psychologist in his case is okay? + +MS. BELOHLAVEK: That is correct. + +THE COURT: So you are not imposing + +care center, park, play g ound or other place where childre arly congregate, is that understo 0, THE COURT: F, if the victi under the age of 18, you shall ork or (II play or as avolunteer in any so :, ool, day + +> THE DEN;ro, Yes, + +THE lot bf daces where UR . Children will be defined as an der the age of 18. There are a children regularly 't12regate. What kind of work do you do? + +THE COURT: Here in Palm Beach County? + +THE DEFENDANT: Virgin Islands, + +THE COURT: You understand you will not travel from Palm Beach County for the duration of this? + +MS. BELOHLAVEK: Correct. + +THE DEFENDANT: Banking. + +THE DEFENDANT: Yes, 'Ilia + +MR. GOLDBERGER: Your Honor, I'm sorry to interrupt, we do cover the employment later in the agreement as to what he is going to be doing during the one year that he is on community control. + +THE COURT: Okay. And let e condition G, which is circled/Mill ss otherwise indicated in the treatment plan provided by sexual of fen e'r% se'eatment program. + +MR. GOLDS .4t:' That's not in there. + +THE sthat what you want? + +MS EL LAVEK: No. + +URT: But you do want the, you wil nview, own or possess any obscene Irnographic + +MS. BELOHLAVEK: Correct. + +THE COURT: Okay. But are you saying that this therapist can okay him to own certain pornographic material? + +MS. BELOHLAVEK: No, not at all. + +MR. GOLDBERGER: No, Your Honor. + +THE COURT: Would be really helpful if people read these things before they + +1 signed them thoroughly. + +2 Unless otherwise indicated in the 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you intend, that his therapist can -- + +11 indicated. THE COURT: UnlA otherwise l:: ) + +20 computer program or computer services that 21 are relevant to your deviant behavior S \* iEl T OURT: Condition G will now e ,A u shall not view, own, possess any scene, pornographic or sexually Zimulating visual or auditory material including telephonic, electronic media, pattern. And who is going to enforce that? + +23 MS. BELOHLAVEK: The community 24 control officer. + +25 THE COURT: How? + +A + +MS. BELOHLAVEK: No. + +THE COURT: No? + +Cit" MS. BELOHLAVEK: No + +1,4,, i MR. GOLD t: The parties have ,s4k, agreed that u the period that he is S cannot b - + +MS. BELOHLAVEK: They have the obligation and included in there for warrantless search to check at any time his home, his computer, anything he has contact 5with. + +6THE COURT: And do they regularly do 7 that? + +8a 4SZpam. PROBATION OFFICER: Ye + +25 + +THE COURT: Since w the pleasure of having so e e rom the Department of Cor ci shere. + +Okay. ,S, v ushall submit two specimens Aild sir0to the Florida Departm o Law Enforcement to be regi e-in the DNA data bank. + +J, you shall submit to a rrantless search by your probation officer or community control officer of your person, residence or vehicle. + +G -- where is the G? + +MS. BELOHLAVEK: That was under the original part, not under the sex offender one. + +THE COURT: Okay. Defendant to have contact with the community control officer 1at aminimum one time a week. + +4West Palm Beach, Florida. Is that Defendant to work at Florida Science Foundation, 250 Australian Avenue, 5volunteer work or work for pay? + +MR. GOLDBERGER: It is a501C corporation that he has formed, Y u nor, that will be doing charitable woN 1 + +9THE COURT: That he has formed? + +16programs around the state and the country. THE DEFENDANT: It funds science + +18xistence? THE COURT: How long has it been in + +MR. GOLDBERGER: Yes. + +THE COURT: What exactly is Florida Science Foundation? + +MR. GOLDBERGER: Do you want to explain? + +19THE DEFENDANT: Fifteen years. + +THE COURT: How many programs has it funded? + +THE DEFENDANT: Numerous, more than + +21 + +22 + +23 + +24 + +25 + +50. + +THE COURT: What is your position with the organization? + +THE DEFENDANT: President. + +THE COURT: Is there aboard of directors? + +THE DEFENDANT: Yes, III.. + +THE COURT: Who's on the board of directors? + +THE DEFENDANT: Two attorneys. + +THE COURT: What exactly do you do? + +THE DEFENDANT: I'mlan investment Ihm, banker but my -- + +THE COURT: I mean with the science found + +THE A ID : We fund + +O OURT: S Idon't want to know what we do, 'I want to know what you do. How often are you there? + +THE DEFENDANT: I'm there every day, Iresearch, I take in people who want to make presentations about why they need money for funding medical research, advanced science research. My background is in physics. Igo through all the programs in detail, review the science work potentials, Ifollow through on adaily + +basis with what they have been given money to do. + +THE COURT: Who are some recent grantees? + +STHE DEFENDANT: Harvard University. There is afull program of Evolutionary Dynamics, Neuro Science Institute California, the Physics Insti t IT. + +e THE COURT: Do you e r ave occasion to deal with anyone und the age of eighteen? + +THE DEFEWRIEkt very often. It is, if some SS; n college -- sorry. + +TH Oa\*: Right, that's why I'm aski question. + + fund are all usually professors. EDEFENDANT: Most of the people I + +^ THE COURT: Thank you. You anyone if -- this organization, do they ever have any involvement with high schools? understand that you can't have contact with + +THE DEFENDANT: No, + +THE COURT: Students or teachers? + +THE DEFENDANT: No, + +THE COURT: Okay. + +MS. BELOHLAVEK: Those are duplicates, you will see those are the same as the ones on the previous page, however, it was reproduced. + +THE COURT: The next condition, you shall maintain a driving log. Yglillill not drive a motor vehicle while alone without prior approval of your supervising officer. + +If there xual contact, you shall submit t t obationer's or community cee's expense an HIV test with re is obe released to the victims, victim's rent or guardian -- will be victims, plural. Has that been done? + +MR. GOLDBERGER: Not yet. + +THE COURT: Do we have atime frame C v on that? i would think ASAP might be good on something like that. + +MS. BELOHLAVEK: I believe they can actually do that at the jail. + +THE COURT: At his expense? + +MS. BELOHLAVEK: Yes. + +THE COURT: I would request that that + +1 + +be done within 48 hours? + +2 + +You shall not obtain or use a post +office box without prior approval of the +supervising officer. + +3 + +4 + +Okay. Are all those conditions +you two have agreed to? + +5 + +7 + +MS. BELOHLAVEK: Yes, Your Honor. + +8 + +MR. GOLDBERGER: With the court's +amendments, yes. + +9 + +10 + +THE COURT: Mr. Epstein, do you +understand? + +11 + +12 + +THE DEFENDANT: Yes, [REDACTED]. + +13 + +THE COURT: I need the defendant to +sign number D where I had an s added to +victim, and G, we struck out the otherwise +indicated language. Otherwise, it is as +you agreed. + +14 + +15 + +16 + +17 + +18 + +19 + +20 + +21 + +22 + +Mr. Epstein, do you understand +this is a somewhat complicated terms of the +plea that you've agreed to? + +THE DEFENDANT: Yes, [REDACTED]. + +THE COURT: Do you have any questions +about the terms of the plea? + +THE DEFENDANT: No. + +THE COURT: Can I ask the State why + +you choose -- or defense and the State together, why twelve months in the Palm Why not just send him to DOC? Beach County jail followed by six months? + +Beach County is o Tto pay 18 months to house this ead of DOC? THE COURT: txpayers of Palm + +MS EL LAVEK: Right. + +URT: You understand we're looming I3ositions left and right in county government because we haven't got enough money but you want -- okay. + +is many, many -- there is nine pages outlining the sexual offender's requirement to register with the department and penalty, have you read all those, Mr. Epstein? His requirement to register there + +THE DEFENDANT: Yes, + +MR. GOLDBERGER: It was the agreement of the parties, Your Honor. We just decided that was the best way to mplish what needed to be done here apt parties E. agreed that that sentence satisfied everyone's requirements. + +1 THE COURT: Do you understand you 2 will be required to register and this will 3 be an ongoing life long obligation? + +4 THE DEFENDANT: Yes, + +9 10 11 12 THE COURT: So when he A is out of AQ the Palm Beach County 1, register? Okay. ¢ department who is going to pr d kiim with the form? he needs to + +13 14 15 Ikt MR G tI& ER: He actually registe ( c ut at the Sheriffs f' Office, Your an do it out there. + +16 17 18 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? Hono c rate' (LVST E) COURT: Okay. It has been o ught to my attention that FDLE is the r e who is statutorily required to handle + +23 MS. BELOHLAVEK: Correct. + +24 MR. GOLDBERGER: Right. + +25 THE COURT: What you are telling him + +THE COURT: And this registration occurs when? + +MS. BELOHLAVEK: Within 4\$-hours of release. + +I 34 he has to do is the official State of Florida registration? + +MS. BELOHLAVEK: Correct. + +THE COURT: Mr. Epstein, I need to make sure you understand that that's what's required by this plea. Anyone on probation, community control is d to live and abide by the laws. jurisdiction you choose to re ide in should have some additional ipal requirements you will be requir, nrder to comply with the law othere, just like you can't get aticket or speeding ticket, co ly with those regulations but to be use 7'I have seen some defendants who make sure you understand \a ve been confused about this. If you don't, for example, if the Town of Palm Beach has you register that does not take care of your requirement. Your requirement to register with FDLE through the Sheriff's office is separate, distinct and must be done on their form according to their schedule. + +THE DEFENDANT: Yes, + +12345678910111213141516171819202122232425THE COURT: And if my experience the last few months is of any value, they are very serious about enforcing this. They will be tracking you for the rest of your life. Do not move. Do not go -- I don't care when you are done with community control, they need to know exactly where you are and if you go anywhere without registering, they will find and you will be locked up. + +THE DEFENDANT: Yes, [REDACTED]. + +THE COURT: Okay. Any questions about that? + +THE DEFENDANT: No, [REDACTED]. + +THE COURT: Did you read the plea in the circuit court form that describes all the rights you are giving up by entering this plea? + +THE DEFENDANT: Yes, [REDACTED]. + +THE COURT: I think I asked you before, can you read? + +THE DEFENDANT: Yes. + +THE COURT: Are you under the influence of alcohol, drugs or medication today? + +1 + +2 + +3 + +4 + +5 + +6 + +7 + +8 + +9 + +10 + +11 + +12 + +13 + +14 + +15 + +16 + +17 + +18 + +19 + +THE DEFENDANT: No, + +THE COURT: Normally taking any + +prescribed medication? + +THE DEFENDANT: Only for cholesterol. + +THE COURT: Does that interfere with + +your mental ability? + +THE DEFENDANT: No. + +THE COURT: Do you understa`9id you + +have an attorney, you hay a ght to trial + +by jury, there is not ng o be a jury + +trial. 440 There + +won' + +etnesses called. + +That your attor 141, you would have a + +right to co and cross examine, do you + +understa yo have a right to call + +witnesses I:fyour own and the court would + +issue subpoenas to compel their attendance + +tle• st like any other witness called by the tate, that you have the right -- absolute + +right to remain silent and that you would + +not have to say or do anything at the trial + +21if there were atrial, do you understand + +22 those rights? + +23THE DEFENDANT: Yes, + +24THE COURT: Do you understand if you + +25are not aUnited States citizen your plea + +could subject you to deportation pursuant +to the laws and regulations governing the +United States Immigration and +Naturalization Service and this court has +no jurisdiction or authority in such +matters, do you understand that? + +THE DEFENDANT: Yes. + +THE COURT: Has anybody threatened +you, coerced you or promised you anything +other than the terms of this plea to get +you to enter this plea? + +THE DEFENDANT: No. + +THE COURT: Do you understand this is +a plea in criminal court? + +THE DEFENDANT: Yes, ██████████. + +THE COURT: This has -- in criminal +court in Palm Beach County, State of +Florida. I have absolutely nothing to do +with any civil matters or matters in any +other jurisdiction, do you understand that? + +THE DEFENDANT: Yes, ██████████. + +THE COURT: Is this plea in any way +tied to any promises or representations by +any civil attorneys or other jurisdictions? + +MR. GOLDBERGER: May we come sidebar + +on that, Your Honor? + +THE COURT: It is going to be recorded. + +MR. GOLDBERGER: That's fine. + +THE COURT: Defendant needs to approach as well. + +(Whereupon, there was a conference at the bench.) + +MR. GOLDBERGER: The reason why I asked to come sidebar, there is a nonprosecution agreement with the United States Attorney's office that triggers as a result of this plea agreement. In other words, they have signed off and said they will not prosecute Mr. Epstein in the Southern District of Florida for any offense upon his successful taking of this plea today. That is a confidential document that the parties have agreed to. Just in an abundance of caution, I wanted to tell the court. + +THE COURT: I understand, that would also be invalidated should he violate his community control? + +MR. GOLDBERGER: Absolutely. That + +9 + +21 + +22 + +23 + +24 + +25 + +nonprosecution agreement -- + +Out. MS. BELOHLAVEK: They spell all that + +THE COURT: Mr. Epstein needs to come closer. + +Mr. Epstein, your attorney has told me that in addition to ever talked about another Inducem say, to your taking this plea\*O that the U.S. Attorney for the Southern District of the State of Flori has agreed to osecution agreement we all we li Awith you, m4ti:;" 'that if you successfully complet robSttion and do everything you're supp , they have, have agreed not to prosecute you federally, did you understand that? deral prosecutor, + +THE DEFENDANT: Yes, + +THE COURT: And I would view that as asignificant inducement in accepting this plea. + +MS. BELOHLAVEK: They are actually in court here today, also. + +THE COURT: Okay. + +MR. GOLDBERGER: And the plea + +agreement very carefully spelled out if there was abreach that would violate this agreement, so we are well aware of it. + +THE COURT: Okay. I would request that asealed copy of that Mr. Epstein has signed that document? + +that filed in this ca That is the only other condition o greement that is influencing th% ndant to make this decision? \ THE COURT: I want asealed copy of + +M ' ABERGER: Absolutely. I think that right idea. + +(Return to open court.) + +14.14vv THE COURT: Mr. Epstein, is there anything else? + +MR. GOLDBERGER: Yes, I would like to seal the copy. + +THE DEFENDANT: No, + +THE COURT: Because I don't take these pleas unless they are freely and voluntarily made. + +THE DEFENDANT: I understand that. + +THE COURT: I also don't want somebody or anybody coming back a year, + +23 + +24 + +25 + +two years from now saying, • no, no, they beat me over the head or if there is anything else that is influencing you to make this decision, then I need to know about it. + +THE DEFENDANT: I understand that. + +MR. GOLDBERGER: Thank you. + +THE DEFENDANT: Thank you very much, Your Honor. + +(Return to open court.) + +THE COURT: All right, Mr. Epstein, any questions about the rights you are giving up by entering this plea? + +THE DEFENDANT: No + +THE COURT: State, please give me a factual basis. + +MS. SELOHLAVEK: In 069454 CF AMB, etween August 1, 2004 2005, the defendant in did solicit or procure and October 31, Palm Beach County someone to commit prosecution on three or more occasions. + +And in 08 CF 9381 CF AMB between August 1, 2004 and October 9, 2005, the defendant did procure aminor under the age of 18 to commit prostitution in Palm Beach + +County also. + + THE COURT: I find a sufficient factual basis to support the pleas. + + Are all of the victims in both of these cases in agreement with the terms of this plea? + + MS. BELOHLAVEK: I have spoken to several myself and I have spoken to counsel, through counsel he other victim, and I believe + +THE COURT: h regard to the victims under teen, is that victim's pa rguardian in agreement with the ea + +. ELOHLAVEK: That victim is not un er e 18 any more and that's why we spoke with her counsel. + +THE COURT: And she is in agreement with the plea? + +MS. BELOHLAVEK: Yes. + +THE COURT: And community control will be given information concerning how to contact these victims? + +MS. BELOHLAVEK: Yes. + +THE COURT: Confidentially. That + +information will not be related to the +defendant but will be used exclusively for +purposes of verifying compliance with this +agreement? + +MS. BELOHLAVEK: Yes. + +THE COURT: Is there anything else +from anybody else before I accept this +plea? + +MR. GOLDBERGER: No, Your Honor. + +THE COURT: Mr. Goldberger, if it is +your desire, you may enter your client's +plea. + +MR. GOLDBERGER: Thank you, Your +Honor, at this time we would withdraw our +previously entered pleas of not guilty, +enter pleas of guilty pursuant to +negotiations with the State. + +THE COURT: Mr. Epstein, I am going +to accept those pleas on your behalf. I +find you are intelligent, alert, you +understand what is going on here and the +consequence of entering this plea, you are +doing it freely and voluntarily. + +Pursuant to the plea, I am waiving +a PSI, I will sentence you at this time + +pursuant to it. I will adjudicate you guilty of felony solicitation of prostitution, athird degree felony, case number 06 CF 00945A -- 454 AMB, and procuring a person under 18 for prostitution, asecond degree felony 08 CF 009381AMB. + +credit for the one day served. That six nth sentence is to be served consecutive Wi ect to 08 CF 009381, I will senttzce ou to six months in the Palm Beach County detention facility, with othe twelve month sentence. + +With respect to the solicitation of prosecution, I will sentence you to twelve months in the P 1 Beach County detention facility, 4 redit for the one day served. + +Following the six month sentence you will be placed on 12 months of community control. That will be on both cases, I assume, to run concurrently, correct? + +MS. BELOHLAVEK: Only on the 08 case. + +THE COURT: Only on the second degree + +felony? + +MS. BELOHLAVEK: Correct, the one that designates him asexual 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 th wising adult must be approved by artment of Corrections are to be designated a sexual often≥ **r pursuant to Florida Statute 943.0435 and you must abide by all requirements of that statute which I have read and we have discussed.** + +**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 adaily log which you submit to the supervising officer upon request. You will remain confined to your** + +2Brillo Way, Palm Beach, Florida 33480. 3 Should you desire to move or go to a 4different location upon release from You will be residing at 358 El custody, you will get preapproval of that location from the Department of Corrections. You will have to to t your community control officer aof once aweek, it can be more of en atheir Ac:1 discretion and you ar work Florida Science Fo on at 250 at the Australian Ave West Palm Beach, Florida. submit to a mandatory curfew 10 m. to 6 a.m. + +c Lav ou shall not live within a th :: ' usand feet of a school, day care center, r, playground or other place where children congregate. You shall not have any contact with the victims, directly or indirectly including through athird person 21unless approved by victim's therapist and 22the sentencing court. + +23You shall not work for pay or as a 24volunteer at any school, day care center 25park, play ground, other place where + +1 2 3 4 5 6 7 children may congregate. You shall not view, own or possess any obscene pornographic or sexually stimulating or visual, auditory material including telephone, electronic media, computer programs, computer services that are relevant to deviant behavior. + +8 9 10 11 12 13 14 You shall submit two specimens of blood to Florida Department of Law Enforcement to be registered with the DNA data bank. You shams. submit to a warrantless sea or communit the probation officer of officer of your person,~ iIdbnce or vehicle. + +15 16 17 18 Ag i ushall maintain a driving log. Yo Shall not drive amotor vehicle while lv,4one without prior approval of the supervising officer. + +19 2Q 21 22 23 24 You shall submit to, at probationer or community control expense a HIV test, the result of which is to be released to the victims or victim's parent or guardian. That has to be done within 48 hours. + +25 You shall not obtain or a use post + +1office box without the prior approval of 2the supervising officer. + +MS. BELOHLAVEK: You forgot one that you may not possess, own or view sexually stimulating -- I don't believe you read that outloud just now. + +7THE COURT: Yes, I did. AGAr + +8MS. BELOHLAVEK: I'm so didn't 9hear it. Ijust wanted to m ure. + +10THE COURT: And arrantless Illt ) search by the comm t ntrol officer of \ the person, res'de or vehicle cF 4% -understand tson, residence or vehicle (S 4 includes yt ng you might possess like includes comp , cell phone and whatever other el r orate devices there are to communicate ectronically these days, okay. Good Yuck. + +19MR. GOLDBERGER: Thank you. + +MS. BELOHLAVEK: Thank you. + +21THE COURT: Is there a judgment? + +22MR. GOLDBERGER: Yes, there should be 23judgments. + +24THE COURT: Was there acondition of 25community control that he pay or is he + +1 + +paying it? + +2 + +MR. GOLDBERGER: Actually there is a +cash bond posted, court cost can be +deducted from the cash bond. + +3 + +THE COURT: \$574 is the total? + +4 + +MS. BELOHLAVEK: Correct. + +5 + +THE COURT: Is that to cover both +cases? + +6 + +MR. GOLDBERGER: Yes. + +7 + +THE COURT: Thank you. + +8 + +MR. GOLDBERGER: Thank you, Your +cases? +Honor. + +9 + +10 + +(Whereupon, at 9:48 o'clock a.m. the +proceedings before the Court concluded.) + +11 + +12 + +13 + +14 + +15 + +16 + +17 + +18 + +19 + +20 + +21 + +22 + +## CERTIFICATE + +THE STATE OF FLORIDA, COUNTY OF PALM BEACH. + +I, PHYLLIS A. DAMES, Official Court Reporter for the Fifteenth Judicial Circuit, Criminal Division, in and for Palm Beach County, Florida; do hereby certify that I was authorized to and did report the foregoing proceedings before the Court at the time and plaeb\*aforesaid; and that the preceding pages bered from 1 through 49, inclusive, represent and accurate transcription of(Res te onotes taken at said proceedings. + +IN WITNESS WHEREOF, I have hereunto affixed Myofficial signature this 19th day of July, (2008. + +3a,frit4- PHYL S A. DAMES \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..6cdb425d3e9c43c959eabb9bb51848b9f67a4261 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823347/EFTA02823347.metadata.json @@ -0,0 +1,1755 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823347.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 50, + "chars": 43454, + "elapsed_seconds": 12.13, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 201.72000000000003, + 61.56 + ], + [ + 492.0, + 61.56 + ], + [ + 492.0, + 113.4 + ], + [ + 201.72000000000003, + 113.4 + ] + ] + }, + { + "title": "1 CERTIFICATE", + "heading_level": null, + "page_id": 49, + "polygon": [ + [ + 96.8962173461914, + 55.08000000000001 + ], + [ + 434.18999999999994, + 55.08000000000001 + ], + [ + 434.18999999999994, + 70.19354248046875 + ], + [ + 96.8962173461914, + 70.19354248046875 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 22 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ], + [ + "SectionHeader", + 2 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 209 + ], + [ + "Line", + 30 + ], + [ + "Text", + 13 + ], + [ + "PageHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 221 + ], + [ + "Line", + 47 + ], + [ + "Text", + 10 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 86 + ], + [ + "Line", + 42 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 221 + ], + [ + "Line", + 30 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 5, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 244 + ], + [ + "Line", + 43 + ], + [ + "Text", + 6 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 6, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 194 + ], + [ + "Line", + 38 + ], + [ + "Text", + 14 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 7, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 214 + ], + [ + "Text", + 36 + ], + [ + "Line", + 36 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 8, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 226 + ], + [ + "Line", + 41 + ], + [ + "Text", + 10 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 9, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 228 + ], + [ + "Line", + 39 + ], + [ + "Text", + 9 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 10, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 243 + ], + [ + "Line", + 53 + ], + [ + "Text", + 11 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 11, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 280 + ], + [ + "Line", + 47 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 12, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 232 + ], + [ + "Line", + 43 + ], + [ + "Text", + 7 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 13, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 227 + ], + [ + "Line", + 48 + ], + [ + "Text", + 13 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 14, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 101 + ], + [ + "Line", + 45 + ], + [ + "Text", + 6 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 15, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 58 + ], + [ + "Line", + 29 + ], + [ + "Text", + 9 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 16, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 106 + ], + [ + "Line", + 50 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 17, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 244 + ], + [ + "Line", + 49 + ], + [ + "Text", + 13 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 18, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 209 + ], + [ + "Line", + 34 + ], + [ + "Text", + 14 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 19, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 242 + ], + [ + "Line", + 50 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 20, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 230 + ], + [ + "Line", + 39 + ], + [ + "Text", + 9 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 21, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 225 + ], + [ + "Line", + 48 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 22, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 222 + ], + [ + "Line", + 40 + ], + [ + "Text", + 15 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 23, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 220 + ], + [ + "Line", + 30 + ], + [ + "Text", + 14 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 24, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 102 + ], + [ + "Line", + 48 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 25, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 229 + ], + [ + "Line", + 47 + ], + [ + "Text", + 11 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 26, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 201 + ], + [ + "Line", + 43 + ], + [ + "Text", + 20 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 27, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 220 + ], + [ + "Line", + 47 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 28, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 204 + ], + [ + "Line", + 33 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 29, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 210 + ], + [ + "Line", + 28 + ], + [ + "Text", + 10 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 30, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 209 + ], + [ + "Text", + 48 + ], + [ + "Line", + 28 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 31, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 233 + ], + [ + "Line", + 41 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 32, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 107 + ], + [ + "Line", + 46 + ], + [ + "Text", + 11 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 33, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 234 + ], + [ + "Line", + 32 + ], + [ + "Text", + 5 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 34, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 208 + ], + [ + "Text", + 46 + ], + [ + "Line", + 29 + ], + [ + "PageFooter", + 3 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 35, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 246 + ], + [ + "Line", + 49 + ], + [ + "Text", + 47 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 36, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 22 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 37, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 200 + ], + [ + "Line", + 28 + ], + [ + "Text", + 19 + ], + [ + "PageFooter", + 3 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 38, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 228 + ], + [ + "Line", + 57 + ], + [ + "Text", + 16 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 39, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 207 + ], + [ + "Line", + 33 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 40, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 243 + ], + [ + "Line", + 56 + ], + [ + "Text", + 15 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 41, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 195 + ], + [ + "Line", + 33 + ], + [ + "Text", + 11 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 42, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 209 + ], + [ + "Line", + 29 + ], + [ + "Text", + 19 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 43, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 228 + ], + [ + "Line", + 40 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 44, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 223 + ], + [ + "Line", + 31 + ], + [ + "Text", + 6 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 45, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 251 + ], + [ + "Line", + 48 + ], + [ + "Text", + 4 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 46, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 241 + ], + [ + "Line", + 57 + ], + [ + "Text", + 5 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 47, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 233 + ], + [ + "Line", + 42 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 48, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 51 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 49, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 159 + ], + [ + "Line", + 29 + ], + [ + "Text", + 6 + ], + [ + "PageHeader", + 1 + ], + [ + "SectionHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823347" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.md b/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.md new file mode 100644 index 0000000000000000000000000000000000000000..38ade0025f57938ee9d22d060a44bb815ff5d715 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.md @@ -0,0 +1,388 @@ +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA + +STATE OF FLORIDA + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +CASE NO.: 2006CF009454AXX DIVISON: "W" + +# DEFENDANT'S MOTION FOR RETURN OF PR + +-- I en + +rn + +N r". + +COMES NOW the Defendant, JEFFREY EPSTEIN, by ugh hig undefiigned attorney, and moves this Honorable Court to enter an O turn of property seized on October 20, 2005 during execution of a search a \*e I endant's residence. In support thereof the Defendant states as follows: + +1. On October 20, 2005, the Palm the Defendant's residence. Durin Defendant's personal property NPo ite Department executed a search warrant at ution of the warrant, numerous items of the zed and impounded by the Palm Beach Police Department. A copy of the se rrant return is attached to this motion (Exhibit A). + +2. On June 0, 20 e criminal charges arising from the search warrant were resolved through a nego agreement. + +3. le I justification exists for the continued impoundment of the Defendant's personal .perry. The Defendant is entitled to the return of all personal property listed in Exhibit A. + +WHEREFORE, the Defendant, JEFFREY EPSTEIN, respectfully requests this Honorable Court to enter an Order for the return of his personal property. + +### CERTIFICATE OF SERVICE + +I HEREBY CERTIFY that a true and correct copy of the foregoing Motion was sent via FAX and U.S. MAIL to Lanna Belohlavek, Esq., Assistant State Attorney, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 2\ s"k"day of July, 2008. + +ATTERBURY, GOLDBERGER & WEISS, P.A. 250 ustralian Avenue South, Suite 1400 (56 65 -8300 O '4S' W Palm Beac Florida 33401 C . LBERGER, ESQ Bar Number 262013,,),, CiS"1 + +**PALM BEACH POLICE DEPARTMENT +PROPERTY RECEIPT +SEARCH WARRANT RETURN** + +Pg 1 of 6 +DETECTIVE BUREAU + +| PROPERTY | FOUND | DECEASED (Probated) | PERSONAL | CONFISCATED | DESTROY | +|----------------------------------------------------------|-------------------------------------------|-------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------|--------------------------------------|----------------------------------| +| EVIDENCE | TRIAL | LABORATORY | STOLEN/RECOVERED | OTHER | | +| INCIDENT/CITATION NUMBER
05-368 | DATE/TIME RECOVERED
10-20-2005 | PROPERTY NUMBER (Leave Blank)
05-1024 | BIN NUMBER (Leave Blank) | | | +| ADDRESS WHERE PROPERTY IMPOUNDED
258 FL Brillo | | | | | | +| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| SUSPECT'S NAME / D.O.B. Eostein Seff | ADDRESS | Street | City | Zip | PHONE | +| ADDT NL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE | +| SPECIAL INSTRUCTIONS | | | FOUND PROPERTY CLAIM
90 DAYS NOT CLAIM | | | + + + +| ITEM # | QUANTITY | VALUE | DESCRIPTION | +|--------|----------|-------|---------------------------------------------------------| +| 1 | 1 | | Phone message book (kitchen) | +| 2 | 3 | | Phone message book (office off kitchen) | +| 3 | 3 | | file folder (massaged) w/ 2 mire files (Purk Box) | +| 4 | 1 | | Shreddered paper marked on for + check | +| 15 | 1 | | orange file folder marked message massage | +| | | | * Items 2-5 from office off kitchen | +| 16 | ✓ | | Birge massage table off from c/o 5-5 to THE OFF | +| 7 | ✓ | | Brown massage table foreyer | +| 8 | 1 | | Black framed photo of nude girl | +| 9 | 99 | | pictures in frame to item 6-8 from the off | +| 10 | | | D from yellow/blue room off kitchen off foreyer | +| 11 | 8 | | Photos from office off pool area | +| 12 | 2 | | Photos from table on left to Helling Room off pool area | +| | 2 | | Photos table on right to pool area | + +**TOTAL PACKAGE WEIGHT** + +I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt. + +I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer. + +SIGNATURE + +DATE + +SIGNATURE + +**7915 D2** +ID# UNIT + +RECEIVED BY + +REASON + +DATE/TIME RECEIVED + +I, Joseph Recarey, the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me, under the authority of this warrant. +Sworn to and subscribed before me this 21 day of October 2005. + +*Joseph Recarey* +**J 7915** + +*Joseph A. Burns* + +**PALM BEACH POLICE DEPARTMENT +PROPERTY RECEIPT +SEARCH WARRANT RETURN** + +PAGE 2 of 6 +DETECTIVE BUREAU + +PBPD Form #52 + +| PROPERTY | FOUND | DECEASED (Probated) | PERSONAL | CONFISCATED | DESTROY | +|----------------------------------------------|-------------------------------------------|----------------------------------------------|-------------------------------------------|--------------------------------------|----------------------------------| +| EVIDENCE | TRIAL | LABORATORY | STOLEN/RECOVERED | OTHER | | +| INCIDENT/CITATION NUMBER
05-368 | DATE/TIME RECOVERED
10:20-05 | PROPERTY NUMBER (Leave Blank)
05-1024 | BIN NUMBER (Leave Blank) | | | + +| ADDRESS WHERE PROPERTY IMPOUNDED
358 EL-Brillo | | | | | | +|---------------------------------------------------|--------------------------|--------|------|---------------------------|---------------------------------------------| +| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| SUSPECT'S NAME / D.O.B.
Fostin Jeff | ADDRESS
358 EL Brillo | Street | City | Zip | PHONE NUMBER | +| ADDITNL. SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| SPECIAL INSTRUCTIONS | | | | FOUND PROPERTY
90 DAYS | CLAIM
NOT CLAIM | + +| ITEM-# | QUANTITY | VALUE | DESCRIPTION | +|----------------------|----------|-------|--------------------------------------------------------| +| 13 | 2 | ✓ | VHS trapes from Cridge By coul | +| 14 | 2 | * | CD's marked Happy Brinder ↑ Cridge By coul | +| 15 | 3 | | Photos framed from Cabana | +| 16 | 1 | ✓ | message book 1st floor S/W corner (top air) | +| 17 | 1 | ✓ | message book (from inside) | +| 18 | 3 | | CD's from desk | +| 19 | 1 | * | DV from desk (Xms # 1 at 7:20 am) | +| 20 | informed | | Photos from desk from 1st floor S.W. | +| 21 | 2 | | framed Photos from desk | +| 22 | 2 | ✓ | framed Photos from table in S/W corner of circle | +| 23 | 3 | | Soap on Rope (NE Bedroom) (wh. to cog) | +| 24 | 2 | | tub in Torpedo in Brown box | +| 25 | 2 | | Soap in Rope (middle Bedroom) (wh. to cog) | +| | | | large framed Picture (from foyer into Missile Bedroom) | +| TOTAL PACKAGE WEIGHT | | | | + +| I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt. | | I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer. | | +|---------------------------------------------------------------------------------------------------------------------------------|------|----------------------------------------------------------------------------------------------------------------------------------------------|-------------------| +| SIGNATURE | DATE | SIGNATURE | ID# 7 915 D2 UNIT | + +| RECEIVED BY | REASON | DATE/TIME RECEIVED | +|-------------|--------|--------------------| +| | | | +| | | | +| | | | +| | | | +| | | | +| | | | + +**PALM BEACH POLICE DEPARTMENT +PROPERTY RECEIPT +SEARCH WARRANT RETURN** + +PAGE 3 OF 6 + +DETECTIVE BUREAU + +PBPD Form #52 + +| PROPERTY | FOUND | DECEASED (Probated) | PERSONAL | CONFISCATED | DESTROY | +|----------------------------------------------|-------------------------------------------|-------------------------------------------------|-------------------------------------------|--------------------------------------|----------------------------------| +| EVIDENCE | TRIAL | LABORATORY | STOLEN/RECOVERED | OTHER | (ab) | +| INCIDENT/CITATION NUMBER
05-368 | DATE/TIME RECOVERED
10-20-05 | PROPERTY NUMBER (Leave Blank)
05-1024 | BIN NUMBER (Leave Blank) | | | + +| ADDRESS WHERE PROPERTY IMPOUNDED
258 El Brillo | | | | | | +|----------------------------------------------------------|---------|--------|------|----------------|--------------| +| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| OWNER / VICTIM'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| SUSPECT'S NAME / D.O.B. Eustacia Joff | ADDRESS | Street | City | Zip | PHONE NUMBER | +| ADDITIONAL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +| SPECIAL INSTRUCTIONS | | | | FOUND PROPERTY | CLAIM | +| | | | | 90 DAYS | NOT CLAIM | + +| ITEM # | QUANTITY | VALUE | DESCRIPTION | +|----------------------|----------|-------|--------------------------------------------------------------------------| +| 27 | 1 | NCV | School TRANSCRIPT, [REDACTED] MASTER BOX FORM DC SK | +| 28 | 1 | MAX | BOTTLE OF TOY TAIL, MASTER BOX FORM CR & COUZA MASTER BOX FORM (2) | +| 29 | 3 | NCV | VIDEOTAPES 1/2" SEXIN CITY, EASTIN JANINE, HOUSE LE SBIANS FOUR, Return | +| 30 | 6 | NCV | FRAMED PHOTOS FROM MEN'S BOMB FORM - MASTER BOX FORM | +| 31 | 1 | NCV | GREEN MASSACE TABLE, MEN'S BOMB FORM - MASTER BOX FORM → DNA test 3 Greg | +| 32 | 1 | NCV | THRIFTY RENTAL AGREEMENT FROM CHEVROLET SUBURBAN (COPIED) | +| 33 | 1 | MAX | NOTE FROM [REDACTED] FROM CHEVROLET SUBURBAN. | +| 34 | WKB | 11 | CD'S from office of P.K. Lichen | +| 35 | 6 | | ZIP CD'S from Book case RETURN | +| 36 | 2 | | 8 MM Video top ps from Book case RETURN | +| 37 | 4 | | Compact flash cards from Book case RETURN | +| 38 | 1 | | Flash card from Camera on book case - RETURN TO OWNER | +| 39 | 3 | | ZIP CD'S from Book case RETURN | +| 40 | 30 | | CD'S from Book case (it is 35-40 from Eustacia house) RETURN | +| TOTAL PACKAGE WEIGHT | | | | + +I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt. + +I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer. + +| SIGNATURE | DATE | SIGNATURE | ID# | UNIT | +|-----------|------|-------------|--------|------| +| | | [Signature] | AIS D2 | | + +| RECEIVED BY | REASON | DATE/TIME RECEIVED | +|-------------|--------|--------------------| +| | | | +| | | | +| | | | +| | | | +| | | | +| | | | + +PBPD Form #52 + +SEARCH WARRANT RECTION + +| PROPERTY | | FOUND | DECEASED (Probated) | PERSONAL | CONFISCATED | DESTROY | | +|----------------------------------------------------------|--|-------------------------------------------|----------------------------------------------|-------------------------------------------------|--------------------------------------|---------------------------------------|-----------------------------------| +| EVIDENCE | | TRIAL | LABORATORY | STOLEN/RECOVERED | OTHER | lah | | +| INCIDENT/CITATION NUMBER
05-368 | | DATE/TIME RECOVERED
10-20-05 | | PROPERTY NUMBER (Leave Blank)
05-1024 | | BIN NUMBER (Leave Blank) | | +| ADDRESS WHERE PROPERTY IMPOUNDED
258 El Brillo | | | | | | | | +| DISCOVERED BY / D.O.B. | | ADDRESS | | Street | City | Zip | PHONE NUMBER | +| OWNER'S NAME / D.O.B. | | ADDRESS | | Street | City | Zip | PHONE NUMBER | +| SUSPECT'S NAME / D.O.B.
Epstein, Jeff 01-20-05 | | ADDRESS
358 El Brillo | | Street | City | Zip | PHONE NUMBER | +| ADDTNL SUSPECT / D.O.B. | | ADDRESS | | Street | City | Zip | PHONE NUMBER | +| SPECIAL INSTRUCTIONS | | | | | | FOUND PROPERTY
80 DAYS | CLAIM
| +| | | | | | | NOT CLAIM
| | + +| ITEM # | QUANTITY | VALUE | DESCRIPTION | +|--------|----------|-------|-------------------------------------------------------| +| #41 | 1 | ✓ | Floppy disks from
05-368 | | DATE/TIME RECOVERED
10-20-05 | PROPERTY NUMBER (Leave Blank)
05-1024 | | BIN NUMBER (Leave Blank) | + +ADDRESS WHERE PROPERTY IMPOUNDED +**358 EL Brillo Palm Beach** + +| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +|------------------------|---------|--------|------|-----|--------------| +|------------------------|---------|--------|------|-----|--------------| + +| OWNER'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +|-----------------------|---------|--------|------|-----|--------------| +|-----------------------|---------|--------|------|-----|--------------| + +| SUSPECT'S NAME / D.O.B.
Epstein, Jeff 01-20-5 | ADDRESS | Street | City | Zip | PHONE NUMBER | +|---------------------------------------------------------|---------|--------|------|-----|--------------| +|---------------------------------------------------------|---------|--------|------|-----|--------------| + +| ADDT NL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | +|--------------------------|---------|--------|------|-----|--------------| +|--------------------------|---------|--------|------|-----|--------------| + +| SPECIAL INSTRUCTIONS | | | FOUND PROPERTY | CLAIM | +|----------------------|--|--|----------------|-----------| +| | | | 90 DAYS | NOT CLAIM | + +| ITEM # | QUANTITY | VALUE | DESCRIPTION | +|--------|----------|-------|--------------------------------------------| +| 54 | 1 | ✓ | Power cord to CPU #53 | +| 55 | 1 | * | CPU from office off kitchen | +| 56 | 1 | | Power cord to item #55 | +| 57 | 3 | ✓ | CD's return #55-57 from office off kitchen | +| 58 | 1 | ✓ | Peach message table upstays (PENDEN) | +| | | | (PENDEN) | +| | | | (PENDEN) | +| | | | RETURN | +| | | | RETURN | +| | | | RETURN | +| | | | RETURN | +| | | | RETURN | +| | | | RETURN | + +TOTAL PACKAGE WEIGHT + +I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt. + +I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer. + +| SIGNATURE | DATE | SIGNATURE | ID# | UNIT | +|-----------|------|-------------|----------|------| +| | | [Signature] | 7 915 DR | | + +| RECEIVED BY | REASON | DATE/TIME RECEIVED | +|-------------|--------|--------------------| +| | | | +| | | | +| | | | +| | | | +| | | | +| | | | +| | | | + +# PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT + +DETECTIVE BUREAU + +PBPD Form #52 + +| PROPERTY | FOUND | DECEASED (Probated) | PERSONAL | CONFISCATED | DESTROY | +|----------------------------------------------|--------------------------------------------|-------------------------------------------------|-------------------------------------------|--------------------------------------|----------------------------------| +| EVIDENCE | TRIAL | LABORATORY | STOLEN/RECOVERED | OTHER | (ab) | +| INCIDENT/CITATION NUMBER
05- | DATE/TIME RECOVERED
10 2005 14/0 | PROPERTY NUMBER (Leave Blank)
05-1024 | BIN NUMBER (Leave Blank) | | | + +ADDRESS WHERE PROPERTY IMPOUNDED +**358 FL Bullo** + +| DISCOVERED BY / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | | +|-------------------------------------------|-----------------------------|--------|------|-----|---------------------------|------------------------------------------------------------------------------------| +| OWNER'S NAME / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | | +| SUSPECT'S NAME / D.O.B. RETURN JEF | ADDRESS 358 FL Bullo | Street | City | Zip | PHONE NUMBER | | +| ADDTNL SUSPECT / D.O.B. | ADDRESS | Street | City | Zip | PHONE NUMBER | | +| SPECIAL INSTRUCTIONS | | | | | FOUND PROPERTY
90 DAYS | CLAIM
NOT CLAIM
| + +| ITEM | QUANTITY | VALUE | DESCRIPTION | RETURN | +|------|----------|-------|--------------------------------------|--------| +| | 1 | * | GREEN DITO TO FLAVIE with DAKED GIRL | Return | +| | | | Return | Return | +| | | | Return | Return | +| | | | Return | Return | +| | | | Return | Return | +| | | | Return | Return | +| | | | Return | Return | + +**TOTAL PACKAGE WEIGHT** + +| I hereby acknowledge that the above list represents all property taken from me and that I have received a copy of this receipt. | I hereby acknowledge that the above list represents all property impounded by me in the official performance of my duty as a police officer. | +|---------------------------------------------------------------------------------------------------------------------------------|----------------------------------------------------------------------------------------------------------------------------------------------| +| SIGNATURE | DATE | + +| RECEIVED BY | REASON | DATE/TIME RECEIVED | +|-------------|--------|--------------------| +| AB P 332 | 6 | 10-20-05 1500kg | +| | | | +| | | | +| | | | +| | | | \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..c89a6334dbf569afe9a7e4b56189e70f1ec81991 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823397/EFTA02823397.metadata.json @@ -0,0 +1,602 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823397.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 8, + "chars": 32460, + "elapsed_seconds": 51.54, + "image_assets": [ + "_page_2_Picture_13.jpeg" + ], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, \nIN AND FOR PALM BEACH COUNTY, FLORIDA", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 126.68399999999998, + 68.85000000000001 + ], + [ + 488.5831298828125, + 68.85000000000001 + ], + [ + 488.5831298828125, + 99.11248779296875 + ], + [ + 126.68399999999998, + 99.11248779296875 + ] + ] + }, + { + "title": "DEFENDANT'S MOTION FOR RETURN OF PR", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 149.94, + 249.48 + ], + [ + 465.12, + 249.48 + ], + [ + 465.12, + 264.86248779296875 + ], + [ + 149.94, + 264.86248779296875 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 219.70799999999997, + 76.14 + ], + [ + 384.770263671875, + 76.14 + ], + [ + 384.770263671875, + 90.7330322265625 + ], + [ + 219.70799999999997, + 90.7330322265625 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT SEARCH WARRANT RETURN", + "heading_level": null, + "page_id": 2, + "polygon": [ + [ + 197.064, + 19.44 + ], + [ + 411.876, + 19.44 + ], + [ + 411.876, + 59.129999999999995 + ], + [ + 197.064, + 59.129999999999995 + ] + ] + }, + { + "title": "TOTAL PACKAGE WEIGHT", + "heading_level": null, + "page_id": 2, + "polygon": [ + [ + 154.83599999999998, + 569.4300000000001 + ], + [ + 269.892, + 569.4300000000001 + ], + [ + 269.892, + 579.15 + ], + [ + 154.83599999999998, + 579.15 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT SEARCH WARRANT RETURN", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 197.064, + 25.92 + ], + [ + 411.876, + 25.92 + ], + [ + 411.876, + 62.37 + ], + [ + 197.064, + 62.37 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT SEARCH WARRANT RETURN", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 198.9, + 28.35 + ], + [ + 413.1, + 28.35 + ], + [ + 413.1, + 64.80000000000001 + ], + [ + 198.9, + 64.80000000000001 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT", + "heading_level": null, + "page_id": 5, + "polygon": [ + [ + 202.57199999999997, + 25.11 + ], + [ + 416.772, + 25.11 + ], + [ + 416.772, + 51.84 + ], + [ + 202.57199999999997, + 51.84 + ] + ] + }, + { + "title": "TOTAL PACKAGE WEIGHT", + "heading_level": null, + "page_id": 5, + "polygon": [ + [ + 157.89600000000002, + 575.0999999999999 + ], + [ + 275.4, + 575.0999999999999 + ], + [ + 275.4, + 587.25 + ], + [ + 157.89600000000002, + 587.25 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT", + "heading_level": null, + "page_id": 6, + "polygon": [ + [ + 200.736, + 28.35 + ], + [ + 416.16, + 28.35 + ], + [ + 416.16, + 56.7 + ], + [ + 200.736, + 56.7 + ] + ] + }, + { + "title": "TOTAL PACKAGE WEIGHT", + "heading_level": null, + "page_id": 6, + "polygon": [ + [ + 159.12, + 579.15 + ], + [ + 275.4, + 579.15 + ], + [ + 275.4, + 591.3 + ], + [ + 159.12, + 591.3 + ] + ] + }, + { + "title": "PALM BEACH POLICE DEPARTMENT PROPERTY RECEIPT", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 200.736, + 34.83 + ], + [ + 417.9960000000001, + 34.83 + ], + [ + 417.9960000000001, + 62.37 + ], + [ + 200.736, + 62.37 + ] + ] + }, + { + "title": "TOTAL PACKAGE WEIGHT", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 157.89600000000002, + 587.25 + ], + [ + 278.46, + 587.25 + ], + [ + 278.46, + 597.78 + ], + [ + 157.89600000000002, + 597.78 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 75 + ], + [ + "Line", + 34 + ], + [ + "Text", + 15 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 27 + ], + [ + "Line", + 13 + ], + [ + "Text", + 8 + ], + [ + "SectionHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 20 + ], + [ + "SectionHeader", + 3 + ], + [ + "Form", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "Picture", + 1 + ], + [ + "Table", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Form", + 8 + ], + [ + "Text", + 6 + ], + [ + "Table", + 4 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 10 + ], + [ + "Form", + 7 + ], + [ + "Table", + 4 + ], + [ + "SectionHeader", + 3 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 5, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 13 + ], + [ + "SectionHeader", + 6 + ], + [ + "Form", + 6 + ], + [ + "Table", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 6, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Form", + 11 + ], + [ + "Text", + 9 + ], + [ + "SectionHeader", + 3 + ], + [ + "Table", + 3 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 7, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Form", + 9 + ], + [ + "Text", + 8 + ], + [ + "SectionHeader", + 3 + ], + [ + "PageFooter", + 2 + ], + [ + "Table", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823397" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823397/_page_2_Picture_13.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823397/_page_2_Picture_13.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..a81037d946fc194a78883ad2b4b1769aadafe6f6 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823397/_page_2_Picture_13.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:98fcd57ef2528e56687c6c8566741abeb2b14d2f33f55321b998178cd5e1d42a +size 9673 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.md b/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.md new file mode 100644 index 0000000000000000000000000000000000000000..bde90eab9fa29c1d1a6be992da7cd2b5cea671e0 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.md @@ -0,0 +1,75 @@ +IN THE CIRCUIT COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR +PALM BEACH COUNTY + +CASE NO. 06CF 009544XV + +DIVISION W + +STATE OF FLORIDA + +vs. + +Jettroy Epstein + +ON 8/25/08 + +FILED +200 REC'D FIB:59 +SEARCH RECORD CONTAINED +IN THE CIRCUIT COURT + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ SCANNED +from \_\_\_\_\_ AUG 30 2008 + + Other Addendum to the non-prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +IN RE: + +## INVESTIGATION OF + +JEFFREY EPSTEIN + +## ADDENDUM TO TILE NON-PROSECUTION AGREEMENT + +of IT APPEARING that the parties seek to clarify certain provisions of page4, agraph 7 the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as follows: + +7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If the United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. 7E. The parties will jointly prepare a short written submission to the independent Third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained in s 2255 to bear the costs of the attorney representative, shall cease. + +By signing this Addendum, Epstein asserts and certifies that the above has been read and explained to him. Epstein hereby states that he understands the clarifications to the Non-Prosecution Agreement and agrees to comply with them. + +R. ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +Dated: \_\_\_\_\_ + +By: \_\_\_\_\_ + +A. [REDACTED] VILLAFAÑA +ASSISTANT U.S. ATTORNEY + +Dated: \_\_\_\_\_ + +\_\_\_\_\_ +JEFFREY EPSTEIN + +Dated: 10/29/07 + +*Gerald Lefcourt* + +GERALD LEFCOURT, ESQ. +COUNSEL TO JEFFREY EPSTEIN + +Dated: \_\_\_\_\_ + +\_\_\_\_\_ +LILLY ANN [REDACTED] ESQ. +ATTORNEY FOR JEFFREY EPSTEIN + +NOTA CERTIFIED COPY \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..69674850244707878f8ee173f22f16ae4acf2c4b --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823405/EFTA02823405.metadata.json @@ -0,0 +1,180 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823405.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 3, + "chars": 3090, + "elapsed_seconds": 3.67, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 318.57, + 67.23 + ], + [ + 588.5550000000001, + 67.23 + ], + [ + 588.5550000000001, + 109.35000000000001 + ], + [ + 318.57, + 109.35000000000001 + ] + ] + }, + { + "title": "INVESTIGATION OF", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 98.39999999999999, + 139.32 + ], + [ + 209.1361541748047, + 139.32 + ], + [ + 209.1361541748047, + 151.69635009765625 + ], + [ + 98.39999999999999, + 151.69635009765625 + ] + ] + }, + { + "title": "ADDENDUM TO TILE NON-PROSECUTION AGREEMENT", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 96.555, + 208.98 + ], + [ + 389.0648193359375, + 208.98 + ], + [ + 389.0648193359375, + 226.5748291015625 + ], + [ + 96.555, + 226.5748291015625 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 22 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 308 + ], + [ + "Line", + 10 + ], + [ + "Text", + 4 + ], + [ + "SectionHeader", + 2 + ], + [ + "ListGroup", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 24 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823405" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.md b/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.md new file mode 100644 index 0000000000000000000000000000000000000000..9fd9d5849a34cf3fb71c22a7324872bd33760c98 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.md @@ -0,0 +1,483 @@ +'10 + +### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION 'Al + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +v\_ , + +nco ?...c c^" :4) 57- 7-A! . • I 2••• + +Case Nos.2006-CF9454 AXX + +2008-9381CF AXX + +### NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS + +, a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records an o documents in these files on the following grounds: + +1. is a victim of sexual abuse efendant who was convicted of procuring a person under 18 for prostitution a ony solicitation of prostitution. See attached judgments of conviction (Exhibit A presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB. + +2. On une 30 2008 and August 25, 2008, this Court sealed two documents, a non-pm agreement and an addendum to non-prosecution agreement. See p es 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)(1) 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 + +r + +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 (se lik es 38- 40) (Exhibit "C".) + +6. It is against public policy for these documents to have and hidden from public scrutiny. As a member of the public, .1 has a right to have these documents unsealed. Furthermore, these documents are relevant and material to civil action against defendant. As stated in theell j lSloquy, they were an inducement for defendant to enter into his guilty pl ey are proper objects of discovery. However, unless they are unsealed le to obtain them or utilize them in her case. + +7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court. + +WHEREFORE movant requests the Court vacate the order sealing records and unseal th ents. + +# CERTIFICATE OF SERVICE + +REBY CERTIFY that a true and correct copy of the foregoing has been served d Facsmilc this IL day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. + +ROTHSTEIN ROSENFELDT ADLER + +Attorneys for Plaintiff + +401 East Las Olas Blvd., Suite 1650 + +Fort Lauderdale, Florida 33394 + +Telephone (954) 522-3456 + +Telecopier (954) 527-8663 + +By Florida Bar No. 542075 bedwards(irra-Iaw.com William J. Berger AR. -la N ) s)c + +Florida Bar No. 1 + +**05400** + +IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE +FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. +IN AND FOR PALM BEACH COUNTY + +CASE NO. 06-CF-9454-ATAB W + +OBTS NUMBER 2006 CF 9454AXY + + + +CFN 20080267522 +OR BK 22760 PG 1081 +RECORDED 07/17/2008 08:52:50 +Palm Beach County, Florida +Sharon R. Bock, CLERK & COMPTROLLER +Pg 1081; (1pg) + +STATE OF FLORIDA [ ] COMMUNITY CONTROL VIOLATOR + +Jeffrey E. Epstein [ ] PROBATION VIOLATOR + +DEFENDANT +1/20/53 W M +DATE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER + + + +**JUDGMENT** + +The above Defendant, being personally before this Court represented by J. Goldberger (attorney) + +| [ ] being tried and found guilty of the following crime(s): | Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): | +|-------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------| +|-------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------| + +| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE | +|-------|----------------------------------|---------------------------|--------| +| 1 | Felony Solicitation of Probation | 796.07(2)(4) | 30F | +| | | | | +| | | | | +| | | | | + + and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). + +[ ] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), burglary (s. 810.02), carjacking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens. + +[ ] and good cause being shown. IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD. + +SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to count(s) and places the Defendant on [ ] Probation and/or [ ] Community Control under the supervision of the Dept. of Corrections / conditions of probation set forth in separate orders. + +SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until \_\_\_\_\_ + +The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. + +Detch Wall Print +CIRCUIT COURT BUDGE + + + +30 June 08 2018 5/-11 + +IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE + FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. + IN AND FOR PALM BEACH COUNTY + + + +CASE NO. 08 CF-9381-AMB DIV. W + +OBTS NUMBER 2008CF9381AXY + +CFN 20080267252 + OR BK 22760 PG 0565 + RECORDED 07/17/2008 08:06:42 + Palm Beach County, Florida + Sharon R. Bock, CLERK & COMPTROLLER + Pg 0565; (1pg) + +STATE OF FLORIDA [ ] COMMUNITY CONTROL VIOLATOR + +Jeffrey E. Epstein [ ] PROBATION VIOLATOR + DEFENDANT + +1/20/53 [ ] [ ] [ ] [ ] + DATE OF BIRTH RACE GENDER SOCIAL SECURITY NUMBER + +**JUDGMENT** + +The above Defendant, being personally before this Court represented by J. Goldberger (attorney) + +| [ ] Having been tried and found guilty of the following crime(s): | [ ] Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): | +|-------------------------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------| +|-------------------------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------| + +| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE | +|-------|--------------------------------------------|---------------------------|--------| +| 1 | Procuring Person Under 18 for Prostitution | 796.03 | 20F | +| | | | | +| | | | | + +[ ] and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). + +[ ] and having been convicted or found guilty of, or having entered a plea of nolo contendere or guilty, regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and lascivious conduct (ch. 800), or murder (s. 782.04), aggravated battery (s. 784.045), burglary (s. 810.02), udracking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens. + +[ ] and good cause being shown: IT IS ORDERED THAT ADJUDICATION OF GUILT BE WITHHELD J. J. + +SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to counts and places the Defendant on [ ] Probation and/or [ ] Community Control under the supervision of the Dept. of Corrections (conditions of probation set forth in separate order). + +SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until \_\_\_\_\_ + +The Defendant in Open Court was advised of his right to appeal from the Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. + +DONE AND ORDERED in Open Court at Palm Beach County, Florida, this 30 day of June, 2008. + +Nehrl Dole Pruclett + CIRCUIT COURT JUDGE + +J-A + +IN THE CIRCUIT COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR +PALM BEACH COUNTY + +CASE NO. 2006 CF 009454AX + +DIVISION W + +STATE OF FLORIDA + +vs. + +Seffrey Epstein + +ON July 2, 2008 + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Other Non-Prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +Bureau No. 5208 +**EXHIBIT +B** + +AR JUL 03 2008 + +IN THE CIRCUIT COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR +PALM BEACH COUNTY + +CASE NO. 06CF 00 9454 AXV + +DIVISION W + +STATE OF FLORIDA + +vs. + +Jettrey Epstein + +ON 8/25/08 + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ SCANNED +from \_\_\_\_\_ AUG 30 2008 + + Other Addendum to the non-prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +FILED +200 NOV 25 AM 10:59 +SEARCHED BOOK CLERK +SERIALIZED BOOK CLERK +INDEXED BOOK CLERK + +be sealed by the Clerk in the court file. c ORDERED AND ADJUDGED that th led by the Defendant on July 2, 2008 + +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. IN AND FOR PALM BEACH COUNTY. FLORIDA + +STATE OF FLORIDA + +vs. + +JEFFREY EPSTEIN. + +Defendant. + +CASE NO.: 2006CF009454AXX DIVISON: "V" + +# NG REIT% ORDER SEALING DOCUMENT IN COURT FIL + +THIS MATTER came before the Honorable Judge Debotele Pucillo on June 30, 2008during aplea conference in the above-referenced cber. The Court being fully apprised in the circumstances, it is hereby: + +DONE AND ORDERED in chambers, West Palm Beach. Palm Beach County, Florida this a? day of July, 2008. + +> Ana gleta (SI Circuit Court Judge 'DEBORAH DALE PUCILLO + +Copies tons + +Jack A. Goldberger. Esq. Counsel for the Defendant 250Australian Avenue South. Ste. 1400 West Palm Beach. Florida 33401 + +Lanna Belohlavek. Esq. Assistant State Attorney (interoffice) + +O-° + +-1 is • + +• + +1 + +2 + +3 + +4 + +5 + +6 + +7 + +8 + +### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION + +STATE OF FLORIDA vs JEFFREY EPSTEIN Defendant. ) + +9 + +11 PRESIDING: / INC43 HONORABLE DEBORAH DALE PUCILL5:"\*..I + +12 APPEARANCES: + +CASE NO. 06 CF9454AMB 08 9381CFAMB + +> 41 4 14,7 911 . (-1 • - r--O 0 • r:: + +C + +PLEA CONFEREN + +ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE State Attorney 401North Dixie Highway West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE Assistant State Attorney + +ON illaIALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 250Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE + +June 30, 2008 Palm Beach County Courthouse West Palm Beach, Florida 33401 Beginning at 8:40 o'clock, a.m. + +EXHIBIT + +-77 (.7 tJ + +ORIGINAL + +2 THE COURT: It is going to be 3 recorded. + +4 MR. GOLDBERGER: That's fine. + +5 6 THE COURT: Defendant needs to approach as well. + +7 8 (Whereupon, there was a co migk ence at the bench.) Alt + +9 10 asked to come sidebar, th is a 11 12 13 result of thi4 Xea agreement. In other 14 15 will n 17 oft:4 16 So 18 a 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. YYY nonprosecution agre with the United States Attorney' MR. GOLDBERGER: Th as, n why I ce that triggers as a words, the av signed off and said they ecute Mr. Epstein in the istrict of Florida for any upon his successful taking of this + +22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? + +25 MR. GOLDBERGER: Absolutely. That + +Out. MS. BELOHLAVEK: They spell all that + +THE COURT: Mr. Epstein needs to come closer. + +Mr. Epstein, your attorney has told me that in addition to ever g, we talked about another Induceme tS shall we say, to your taking this i that the U.S. Attorney for the Sou •'\_-, District of the State of Florid eral prosecutor, has agreed to ariNt Acko" with you, me i t at if complete p ton and do everything you're suppos they have, have agreed not to pro you federally, did you understand tha ecution agreement you successfully + +11 .14ir + +THE DEFENDANT: Yes, + +THE COURT: And I would view that as asignificant inducement in accepting this plea. + +MS. BELOHLAVEK: They are actually in court here today, also. + +THE COURT: Okay. + +MR. GOLDBERGER: And the plea + +agreement very carefully spelled out if there was abreach that would violate this agreement, so we are well aware of it. + +THE COURT: Okay. I would request that asealed copy of that -- Mr. Epstein has signed that document? + +seal the copy. MR. GOLDBERGER: Yes, I would, like to + +THE COURT: I want d copy of that filed in this case 'Pitt is the only other condition of the agreement that is influencing thi efendant to make this decision? + +MR. B RGER: Absolutely. I think that's ght idea. + +( sIcteturn to open court.) + +THE COURT: Mr. Epstein, is there anything else? + +THE DEFENDANT: No, + +THE COURT: Because I don't take these pleas unless they are freely and voluntarily made. + +THE DEFENDANT: I understand that. + +THE COURT: I also don't want somebody or anybody coming back ayear, + +4050 +IN THE COUNTY COURT OF THE FIFTEENTH +JUDICIAL CIRCUIT, CRIMINAL DIVISION, +IN AND FOR PALM BEACH COUNTY, FLORIDA. + +CASE NO: ADDOCF 9454AXF + +STATE OF FLORIDA + +vs. + +Defendant: + +Social Security No.: [REDACTED] + +Date of Birth: 11/20/53 + +RECORDER'S SPACE + +ORDER ASSESSING ADDITIONAL CHARGES, COSTS AND FINES AND ENTERING JUDGMENT (IF INDICATED) + +The Defendant is hereby ordered to Pay and a judgment is hereby entered on behalf of Palm Beach County, Palm Beach County Administrative Complex, Palm Beach County, Florida 33401 and the State of Florida, Florida Department of Financial Services, Tallahassee, Florida 32399 in the following sums as indicated: + +IF WAIVED + +Fines + +- 1. \$ \_\_\_\_\_ +- 2. \$ \_\_\_\_\_ +- 3. \$ \_\_\_\_\_ +- 4. \$ \$0.00 +- 5. \$ 3.00 +- 6. \$ \$0.00 +- 7. \$ 2.00 +- 8. \$ 200.00 +- 9. \$ 65.00 +- 10. \$ 3.00 +- 11. \$ 40.00 +- 12. \$ 150.00 +- 13. \$ \$0.00 +- 14. \$ \$0.00 +- 15. \$ \_\_\_\_\_ +- 16. \$ \_\_\_\_\_ +- 17. \$ \_\_\_\_\_ +- 18. \$ \_\_\_\_\_ +- 19. \$ \$0.00 +- 20. \$ \$0.00 +- 21. \$ \_\_\_\_\_ +- 22. \$ \$0.00 + +Total of fines assessed in sentence. + (Crimes Compensation Trust Fund) pursuant to Section 938.04, Florida Statutes (statutorily mandated 5% surcharge/cost on any fine entered in line 1). + (Crime Stoppers Trust Fund) \$20.00 pursuant to Section 938.06(1), Florida Statutes (statutorily mandated cost to be added if any fine imposed). + +Mandatory Costs + (County Crime Prevention Fund) pursuant to Section 775.083(2), Florida Statutes (statutorily mandated). Strike out if not a negotiated settlement and not imposed by the Court. + (Additional Court Cost Clearing Trust Fund) pursuant to section 938.01(1), Florida Statutes (statutorily mandated). + (Crimes Compensation Trust Fund) pursuant to Section 938.03(1), Florida Statutes (statutorily mandated). + (Criminal Justice Education by Municipalities and Counties) pursuant to Section 938.15, Florida Statutes to be paid to: + [ ] Palm Beach County, Florida. (statutorily mandated where locally authorized). + [ ] the City/Town/Village of \_\_\_\_\_, Florida. (Statutorily mandated where locally authorized). + (Additional Court Costs) pursuant to Section 938.05(1), Florida Statutes (statutorily mandated). + (Additional Court Costs for local requirements and other County funded programs) pursuant to Section 939.185(1)(a), Florida Statutes (statutorily mandated where locally authorized). + (Teen Court) pursuant to Section 938.19(2), Florida Statutes (statutorily mandated where locally authorized). + +Discretionary or Specific Offense/Required Costs + (Public Defender Application Fee) pursuant to Sections 27.52(2)(a) and 938.29, Florida Statutes (a \$40.00 fee shall be imposed if not previously collected or waived). Strike out if previously paid or represented by private counsel. + (Public Defender's Fees and Costs) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) and Local Administrative Order. (Minimum fee of \$150.00 is statutorily mandated following notice of imposition and right to contest amount, additional amount is discretionary). Strike out if represented by private counsel. + (Additional fees and costs of publicly appointed counsel) pursuant to Section 938.29, Florida Statutes and Fla. R. Crim. P. 3.720(d)(1) (notice of imposition and right to contest amount required). + (County Alcohol and Other Drug Abuse Trust Fund) pursuant to Sections 938.21 and 938.23, Florida Statutes (may be imposed for any criminal violation of s.316.193, s.856.013, s.856.013, or Chapters 562, 567, 568, or 893, but may not exceed the amount of any fine imposed for the offense). + (DUI Court Cost) \$135.00 pursuant to Section 938.07, Florida Statutes for any violation of Sections 316.193 or 327.35 (statutorily mandated). + +(Child Advocacy Center) \$101.00 pursuant to Section 938.10, Florida Statutes for any violation of Sections 784.085, 796.03, 800.04, 847.0145, 985.4045, or Chapters 787, 794, or 827, Florida Statutes (statutorily mandated). + (Domestic Violence Surcharge) \$201.00 pursuant to Section 938.08, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, 794.011, and any offense of Domestic Violence as described in Section 741.28, Florida Statutes (statutorily mandated). + (Rape Crisis Center Trust Fund) \$151.00 pursuant to Section 938.085, Florida Statutes for any violation of Sections 784.011, 784.021, 784.03, 784.041, 784.045, 784.048, 784.07, 784.08, 784.081, 784.082, 784.083, 784.085, or 794.011. + (Operating Trust Fund of the FDLE) \$100.00 pursuant to Section 938.25, Florida Statutes (may be imposed for any criminal violation of s. 893.13 if the court finds defendant has ability to pay and will not be prevented thereby from being rehabilitated or from making restitution). + (Prosecution/Investigative Costs) The Court having considered the financial resources of the Defendant, the financial needs and ability of the Defendant, and other factors which this Court has deemed appropriate, a sum pursuant to 938.27, Florida Statutes (may be imposed where agency entitled to costs of prosecution requests and documents specific costs). + (State Agency Law Enforcement Radio System Trust Fund) \$3.00 pursuant to Sections 318.18 (17), Florida Statutes (statutorily mandated for violations of: fleeing/eluding; leave scene of crash; DUI; reckless driving; making false crash reports; failure/refusal to comply with lawful order; refusal to weigh vehicle; racing on highway; refusal to submit to breath/blood/urine test). + +Other Charges + +Other: \_\_\_\_\_ + +Total: \$ \$0.00 + +Payment of charges, costs, and fines are: + +[ ] a condition of probation + [ ] to be paid IN FULL TODAY; Defendant to proceed immediately to the Clerk and Comptroller's Office to pay the full amount due. If payment is not made today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. + [ ] due immediately; hence, FOR WHICH LET EXECUTION ISSUE. This Judgment shall bear interest at the rate prescribed by law until satisfied. + [ ] due within \_\_\_\_\_ days/months/year and is to be paid through the Clerk and Comptroller's Office pursuant to a COLLECTIONS AGREEMENT established TODAY. + \$ \_\_\_\_\_ will be paid today to the Clerk and Comptroller's Office as a down payment on the collections agreement. If the Collection Agreement is not established today, then LET EXECUTION ISSUE and this Judgment shall bear interest at the rate prescribed by law until satisfied. + [ ] to be paid by the Defendant performing: (circle one) community service or AA/NA meetings, at a rate of \$ \_\_\_\_\_ per hour/meeting, due within \_\_\_\_\_ days/months/years in lieu of actual payment. + +FAILURE TO PAY YOUR FINES AND COURT COSTS WILL RESULT IN YOUR DRIVER'S LICENSE BEING SUSPENDED AND/OR A JUDGMENT BEING ENTERED AGAINST YOU AND/OR YOUR DELINQUENT ACCOUNT BEING REFERRED TO A COLLECTION AGENCY AND/OR A WARRANT BEING ISSUED FOR YOUR ARREST. + +CIRCUIT JUDGE + Re: GOLD: State Attorney YELLOW: Probation BLUE: Administrative Office of the Court PINK: Defense Counsel [REDACTED] Defendant Form Circuit (Rev 7/2007) \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..7d9ccc1d091e50a7aa5e60ab934269cd9dac61e7 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/EFTA02823408.metadata.json @@ -0,0 +1,813 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823408.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 13, + "chars": 22604, + "elapsed_seconds": 26.16, + "image_assets": [ + "_page_3_Picture_43.jpeg", + "_page_3_Picture_48.jpeg", + "_page_3_Picture_58.jpeg", + "_page_4_Picture_28.jpeg" + ], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE \nFIFTEENTH JUDICAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY \nFLORIDA, CRIMINAL DIVISION 'Al", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 301.35, + 66.58200000000001 + ], + [ + 523.5540771484375, + 66.58200000000001 + ], + [ + 523.5540771484375, + 126.35302734375 + ], + [ + 301.35, + 126.35302734375 + ] + ] + }, + { + "title": "NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND \nUNSEAL RECORDS", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 89.175, + 274.548 + ], + [ + 526.5384521484375, + 274.548 + ], + [ + 526.5384521484375, + 306.7330627441406 + ], + [ + 89.175, + 306.7330627441406 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 226.32, + 566.358 + ], + [ + 389.9859313964844, + 566.358 + ], + [ + 389.9859313964844, + 584.2330169677734 + ], + [ + 226.32, + 584.2330169677734 + ] + ] + }, + { + "title": "JUDGMENT", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 264.45000000000005, + 271.59 + ], + [ + 375.15, + 271.59 + ], + [ + 375.15, + 296.28 + ], + [ + 264.45000000000005, + 296.28 + ] + ] + }, + { + "title": "IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 43.050000000000004, + 39.504 + ], + [ + 307.5, + 39.504 + ], + [ + 307.5, + 72.424 + ], + [ + 43.050000000000004, + 72.424 + ] + ] + }, + { + "title": "JUDGMENT", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 264.45000000000005, + 271.59 + ], + [ + 372.075, + 271.59 + ], + [ + 372.075, + 292.165 + ], + [ + 264.45000000000005, + 292.165 + ] + ] + }, + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 5, + "polygon": [ + [ + 341.32500000000005, + 62.548 + ], + [ + 610.6949999999999, + 62.548 + ], + [ + 610.6949999999999, + 106.99000000000001 + ], + [ + 341.32500000000005, + 106.99000000000001 + ] + ] + }, + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. \nIN AND FOR PALM BEACH COUNTY. FLORIDA", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 135.3, + 68.226 + ], + [ + 500.7147216796875, + 68.226 + ], + [ + 500.7147216796875, + 103.572 + ], + [ + 135.3, + 103.572 + ] + ] + }, + { + "title": "NG REIT% ORDER SEALING DOCUMENT IN COURT FIL", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 109.46999999999998, + 244.13400000000001 + ], + [ + 449.56499999999994, + 244.13400000000001 + ], + [ + 449.56499999999994, + 268.794 + ], + [ + 109.46999999999998, + 268.794 + ] + ] + }, + { + "title": "IN THE CIRCUIT COURT OF THE \nFIFTEENTH JUDICIAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY, FLORIDA \nCRIMINAL DIVISION", + "heading_level": null, + "page_id": 8, + "polygon": [ + [ + 209.10000000000002, + 45.265 + ], + [ + 519.4955444335938, + 45.265 + ], + [ + 519.4955444335938, + 102.875 + ], + [ + 209.10000000000002, + 102.875 + ] + ] + }, + { + "title": "RECORDER'S SPACE", + "heading_level": null, + "page_id": 12, + "polygon": [ + [ + 345.63, + 155.358 + ], + [ + 449.56499999999994, + 155.358 + ], + [ + 449.56499999999994, + 167.688 + ], + [ + 345.63, + 167.688 + ] + ] + }, + { + "title": "ORDER ASSESSING ADDITIONAL CHARGES, COSTS AND FINES AND ENTERING JUDGMENT (IF INDICATED)", + "heading_level": null, + "page_id": 12, + "polygon": [ + [ + 92.865, + 169.332 + ], + [ + 520.29, + 169.332 + ], + [ + 520.29, + 188.23800000000003 + ], + [ + 92.865, + 188.23800000000003 + ] + ] + }, + { + "title": "IF WAIVED", + "heading_level": null, + "page_id": 12, + "polygon": [ + [ + 19.064999999999998, + 200.568 + ], + [ + 59.655, + 200.568 + ], + [ + 59.655, + 211.25400000000002 + ], + [ + 19.064999999999998, + 211.25400000000002 + ] + ] + }, + { + "title": "Fines", + "heading_level": null, + "page_id": 12, + "polygon": [ + [ + 293.96999999999997, + 216.186 + ], + [ + 313.65, + 216.186 + ], + [ + 313.65, + 225.22800000000004 + ], + [ + 293.96999999999997, + 225.22800000000004 + ] + ] + }, + { + "title": "Other Charges", + "heading_level": null, + "page_id": 12, + "polygon": [ + [ + 270.6, + 583.62 + ], + [ + 319.8, + 583.62 + ], + [ + 319.8, + 595.95 + ], + [ + 270.6, + 595.95 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 77 + ], + [ + "Line", + 37 + ], + [ + "Text", + 16 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 59 + ], + [ + "Line", + 28 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 58 + ], + [ + "Text", + 15 + ], + [ + "Line", + 15 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 48 + ], + [ + "Picture", + 5 + ], + [ + "SectionHeader", + 3 + ], + [ + "Table", + 3 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 32 + ], + [ + "SectionHeader", + 4 + ], + [ + "Table", + 4 + ], + [ + "PageFooter", + 3 + ], + [ + "Picture", + 1 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 5, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 25 + ], + [ + "PageFooter", + 2 + ], + [ + "Picture", + 1 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 6, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 23 + ], + [ + "PageFooter", + 2 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 7, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 188 + ], + [ + "Line", + 33 + ], + [ + "Text", + 14 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 8, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 250 + ], + [ + "Line", + 73 + ], + [ + "Text", + 25 + ], + [ + "PageHeader", + 1 + ], + [ + "SectionHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 9, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 91 + ], + [ + "Line", + 43 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 10, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 233 + ], + [ + "Line", + 56 + ], + [ + "Text", + 11 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 11, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 205 + ], + [ + "Line", + 29 + ], + [ + "Text", + 12 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 12, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 33 + ], + [ + "SectionHeader", + 7 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ], + [ + "Table", + 1 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823408" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_43.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_43.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..55151c0a5b1bed6c5ad57251c7a9263b6abd4c03 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_43.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:5d9d7312cedf297e6bbba43da8e5c02c5a1c0b3595f24ae7d983e00df8205db3 +size 6640 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_48.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_48.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..830bc71bdbc74372471ffcbcbedc2dd42a7f3fe8 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_48.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:f9adb9a9718231c01a5cfae8f315e55ddc950fb6cf949a8cb95498b786054d67 +size 3570 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_58.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_58.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..0fcdcb69dfcde1f26b39b073b6062fc93305edda --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_3_Picture_58.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:2f74b8859427fbb00d920e517da827d8a93128c40c60cbd35783f951373e6417 +size 6083 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_4_Picture_28.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_4_Picture_28.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..e80ea7eb9ed07843f1b4c0e7680d8539e97b1389 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823408/_page_4_Picture_28.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:505ecb2e6c0ef2d99cf95529e9c6217acf7d64aeb6c6a7232c068a7ae48f2ece +size 6483 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.md b/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.md new file mode 100644 index 0000000000000000000000000000000000000000..b2d7a6e4c1c04c1938f6e05ae44ac587afc96b08 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.md @@ -0,0 +1,31 @@ +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +Case Nos.2006-CF9454 AXX + +## ORDER SETTING HEARING ON NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS + +IT IS HEREBY ORDERED that a hearing will be held on nonparty\_ + +Motion to Vacate Order Sealing Records and Unseal Records on + +3 0 MI . MA-9 a , 2009, at /0 &fy pm (10 minutes allotted) in Courtroom 11-F, Palm Beach Co Courthouse, 205 N. Dixie Hwy, West Palm Beach, FL, 33401. + +DONE AND ORDERED in 'West Palm Beach, Palm Beach County, FL, this + +/5 "—day of May, 20 4r + +art: ti ha cry -- :-.- no) /7-7 + +Assistant State Attorney, Div. W- 401 N. Dixie Hwy, West Palm Beach, FE-34401; c2.) Jack Goldberger, attorney for defendant — 250 Australia Ave. So. Suite 1400;10stiltylm Beach, FL 33401; and William J. Berger, attorney for= - 401 E. Las Olas Blvd., Suite 1650, Ft. Lauderdale, FL 3330! + +Copies ma: + +CIRCUIT JUDGE \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..3c5cdff119ec7fe0da55eb38e5ec60d57f2e2973 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823421/EFTA02823421.metadata.json @@ -0,0 +1,105 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823421.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 1026, + "elapsed_seconds": 0.85, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE \nFIFTEENTH JUDICAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY \nFLORIDA, CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 303.5, + 72.9 + ], + [ + 509.10394287109375, + 72.9 + ], + [ + 509.10394287109375, + 130.1080322265625 + ], + [ + 303.5, + 130.1080322265625 + ] + ] + }, + { + "title": "ORDER SETTING HEARING ON NONPARTY MOTION TO VACATE \nORDER SEALING RECORDS AND UNSEAL RECORDS", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 92.871, + 278.64 + ], + [ + 517.3995971679688, + 278.64 + ], + [ + 517.3995971679688, + 307.1080322265625 + ], + [ + 92.871, + 307.1080322265625 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 74 + ], + [ + "Line", + 31 + ], + [ + "Text", + 16 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823421" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.md b/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.md new file mode 100644 index 0000000000000000000000000000000000000000..2d527fca8bb93b150d1f8e0306de92fa766a7ec9 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.md @@ -0,0 +1,68 @@ +IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +CASE NOS.: 2006-CF9454 AXX +~~2006-CF0001 AXX~~ + +SHARON R. ROCK, CLERK +PALM BEACH COUNTY, FL +COURT OF CRIMINAL + +2009 MAY 26 AM 11:35 + +FILED + +NOTICE OF HEARING +(10 minutes) + +To: Asst. State Attorney - Division W +Jack Goldberger, Esq. + +YOU ARE HEREBY NOTIFIED that the undersigned has called up for hearing the +following: **Non Party** [REDACTED] **Motion to Vacate Order Sealing Records and Unseal +Records** + +DATE: Friday, May 29, 2009 +TIME: 10:30 A.M. +JUDGE: The Honorable Jeffrey J. Colbath +PLACE: Palm Beach County Courthouse, Room 11F +205 North Dixie Highway, West Palm Beach, FL + +CERTIFICATE OF SERVICE + +I HEREBY CERTIFY that a true and correct copy of the foregoing has been served +via U.S. Mail this 22 day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury +Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401 +and Asst. State Atty, Division W, 401 N. Dixie Highway, West Palm Beach, FL 33401. + +Case No. 502008CA028058XXXXMB AD + +ROTHSTEIN ROSENFELDT ADLER +Attorneys for [REDACTED] +401 East Las Olas Blvd., Suite 1650 +Fort Lauderdale, Florida 33394 +Telephone (954) 522-3456 +Telecopier (954) 527-8663 + +By: + +![]()[REDACTED] J. [REDACTED] +Florida Bar No. 542075 +bedwards@rra-law.com +William J. Berger +Florida Bar No. 197701 +wberger@rra-law.com + +Copies Furnished to: +Esquire Court Reporting + +H:\swrdocs\09-22784 [REDACTED] v. Epstein\Criminal Case Notice of Hearing.docm \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..f0f4d52d67c10f24cb7b32accaf3cc63fa8fc0d7 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823422/EFTA02823422.metadata.json @@ -0,0 +1,158 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823422.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 1620, + "elapsed_seconds": 5.06, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 141.984, + 75.33 + ], + [ + 467.568, + 75.33 + ], + [ + 467.568, + 116.63999999999999 + ], + [ + 141.984, + 116.63999999999999 + ] + ] + }, + { + "title": "NOTICE OF HEARING (10 minutes)", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 240.51600000000002, + 293.21999999999997 + ], + [ + 364.75199999999995, + 293.21999999999997 + ], + [ + 364.75199999999995, + 322.38 + ], + [ + 240.51600000000002, + 322.38 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 206.85600000000002, + 537.0300000000001 + ], + [ + 362.91599999999994, + 537.0300000000001 + ], + [ + 362.91599999999994, + 551.61 + ], + [ + 206.85600000000002, + 551.61 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 207 + ], + [ + "Line", + 35 + ], + [ + "Text", + 29 + ], + [ + "SectionHeader", + 6 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 40 + ], + [ + "Line", + 18 + ], + [ + "Text", + 15 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823422" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.md b/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.md new file mode 100644 index 0000000000000000000000000000000000000000..fe2f0a54885cad1db7b214325d7ee2401034c65f --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.md @@ -0,0 +1,82 @@ +DIV : W +CASE NO : +Charges : + +502006CF009454AXXXMB ST OF FL VS. +FELONY OFFER TO COMMIT PROSTITUTION + +JEFFREY E. EPSTEIN + +ARREST # 200803917 BOND# TYPE *Cuthath Awards* Crt. Rep. *PRAMER* + +Date *5/29789* Judge \_\_\_\_\_ DC \_\_\_\_\_ Int \_\_\_\_\_ Esq / PD---Pres / Not Pres. + +ASA *met* Def. Co. \_\_\_\_\_ + +Before the Court for: **OTHER HEARING -** + + Granted Denied With / Without Prejudice Withdrawn Court Reserves Ruling Written Order to Follow + + Warrant Ordered Recalled Bond Set at \$ \_\_\_\_\_ See Below Also Covers Sp Cond + + Bond Forf OR: Disch/Revoked/Reinstated Bond: Disch/Revoked SOR: Disch/Revoked/Reinstated + + Bond Forf Vacated Previous Bond Reinstated, if Bondsman agrees State failed to file charges Released O.R. / S.O.R. + + Deft \_\_\_ Indigent PD Appt Hrg only PD Pres \_\_\_\_\_ Court Appts \_\_\_\_\_ + +Evaluation for: Drug Farm DOC Non-Secure Bed by \_\_\_\_\_ + Pre-Plea PSI ordered by/within \_\_\_\_\_ days w/input from DJJ / Staffing + + Referred to: PTI / SAAP / PADD Case placed on the absentee docket + +DEFT ENTERED A PLEA OF: NOT GUILTY GUILTY NO CONTEST BEST INTEREST TO THE COURT + +As Charged-Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ Lesser Charge \_\_\_\_\_ + + Sw & Test Adv of Rts Waived PSI Lesser Cts \_\_\_\_\_ Lesser Charge \_\_\_\_\_ + + ADJ GUILTY as Charged as to Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ + + FOUND GUILTY as Charged as to Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ + + ADJ W/HELD as to Cts \_\_\_\_\_ SENT W/HELD as to Cts \_\_\_\_\_ + + FOUND AND ADJUDICATED DELINQUENT as to Cts \_\_\_\_\_ Dismiss Nolle Prosse Cts \_\_\_\_\_ Dispo Order to follow/Filed + + FOUND & ADJ NOT GUILTY as to Cts \_\_\_\_\_ Dismiss Nolle Prosse Cts \_\_\_\_\_ + +Prob / Comm Control: Revoked Reinstated Modified Term. Successfully / Unsuccessfully + + Stip/Found: (violent) Habitual Off. 775.084 Stip/Found: Sexual Offender / Sexual Predator Stip/Found: P.R.R. + +SENTENCE: PBCJ: \_\_\_\_\_ Cts: \_\_\_\_\_ / DOC: \_\_\_\_\_ Cts: \_\_\_\_\_ +PBCJ: \_\_\_\_\_ Cts: \_\_\_\_\_ / DOC: \_\_\_\_\_ Cts: \_\_\_\_\_ + + W/Credit for \_\_\_\_\_ Days / Mos. / Yrs. Deft Remanded Deft to remain on same rel. status pending sent. + +Conc / Consec / Co-Term w/cases / cts: \_\_\_\_\_ + + Execution of Sentence Stayed Sentence Suspended Time served as to Cts \_\_\_\_\_ + + Youthful Off Habitual Off Min / Mand: \_\_\_\_\_ as to Cts \_\_\_\_\_ + + ABOVE SENTENCE TO BE FOLLOWED By: Probation Drug / Sex Off Prob Comm. Control I - See Pg. 2 + + DRIVERS LICENSE TO BE SUSPENDED / REVOKED FOR \_\_\_\_\_ YEARS AS A RESULT OF THIS PLEA. + +*No action paker* + +\_\_\_\_\_ Set / Remains Set / Reset \_\_\_\_\_ Div \_\_\_\_\_ Rm \_\_\_\_\_ at \_\_\_\_\_ AM/PM + +\_\_\_\_\_ Set / Remains Set / Reset \_\_\_\_\_ Div \_\_\_\_\_ Rm \_\_\_\_\_ at \_\_\_\_\_ AM/PM + + Deft sign \_\_\_\_\_ + + Def Co \_\_\_\_\_ ASA \_\_\_\_\_ Bondsman \_\_\_\_\_ + + Prob Jail DJJ GAL Notified by mail by: \_\_\_\_\_ on \_\_\_\_\_ / \_\_\_\_\_ / \_\_\_\_\_ + + County Courthouse 205 N. Dixie, West Palm Beach Courtroom, Criminal Justice Bldg. 38844 State Road 80, Belle Glade Courtroom, Criminal Justice Complex 3228 Gun Club Rd., West Palm Beach + +**IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT MARY JAFFE, ADA COORDINATOR IN THE ADMINISTRATIVE OFFICE OF THE COURT, PALM BEACH COUNTY COURTHOUSE, 205 N. DIXIE HWY, RM 5.2500, WEST PALM BEACH, FL 33401; TELEPHONE (561) 355-4380, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 1-800-955-8771.** \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..555ce8af3067d5044613272d48c57ca9c003e05d --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823424/EFTA02823424.metadata.json @@ -0,0 +1,54 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823424.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 3654, + "elapsed_seconds": 13.16, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 17 + ], + [ + "PageFooter", + 4 + ], + [ + "Form", + 2 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823424" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.md b/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.md new file mode 100644 index 0000000000000000000000000000000000000000..fc1c75c35151c5c83521c372ecb2abf4410bc408 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.md @@ -0,0 +1,71 @@ +**IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION** + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +CASE NOS.: 2006-CF9454 AXX + +~~2008-CF9361-AXX~~ + +SHARON R. BOCK, CLERK +PALM BEACH COUNTY, FL +FEDERAL BUREAU OF INVESTIGATION + +2009 JUN - 1 AM 8: 13 + +FILED + +**RE-NOTICE OF HEARING** + +**This cancels 5.29.09 hearing and reschedules it to 6.10.09** +(10 minutes) + +**To: U.S. Attorney – A. [REDACTED] Villafana +Asst. State Attorney – Division W +Jack Goldberger, Esq.** + +YOU ARE HEREBY NOTIFIED that the undersigned has called up for hearing the following: **Non Party [REDACTED] Motion to Vacate Order Sealing Records and Unseal Records** + +DATE: Wednesday, June 10, 2009 +TIME: 10:30 A.M. +JUDGE: The Honorable Jeffrey J. Colbath +PLACE: Palm Beach County Courthouse, Room 11F +205 North Dixie Highway, West Palm Beach, FL + +**CERTIFICATE OF SERVICE** + +I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail and Facsimile this 28th day of May, 2009 to: A. [REDACTED] Villafana, Asst. U.S. Attorney, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401 (561) 820-8777; Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite + +Case No. 502008CA028058XXXXMB AD + +1400, West Palm Beach, FL 33401 (561) 835-8691 and Asst. State Atty, Division W, 401 +N. Dixie Highway, West Palm Beach, FL 33401. + +ROTHSTEIN ROSENFELDT ADLER +Attorneys for [REDACTED] +401 East Las Olas Blvd., Suite 1650 +Fort Lauderdale, Florida 33394 +Telephone (954) 522-3456 +Telecopier (954) 527-8663 + +By: + +![]()[REDACTED] J. [REDACTED] +Florida Bar No. 542075 +bedwards@rra-law.com +William J. Berger +Florida Bar No. 197701 +wberger@rra-law.com + +Copies Furnished to: + +Esquire Court Reporting + +H:\swrdocs\09-22784 W v. Epstein\Criminal Case Notice of Hearing.docm \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..940dcb4e12869a37ce7c7379a997697b6e394681 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823425/EFTA02823425.metadata.json @@ -0,0 +1,150 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823425.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 1907, + "elapsed_seconds": 6.59, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 141.372, + 68.85000000000001 + ], + [ + 466.956, + 68.85000000000001 + ], + [ + 466.956, + 110.16000000000003 + ], + [ + 141.372, + 110.16000000000003 + ] + ] + }, + { + "title": "RE-NOTICE OF HEARING", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 229.5, + 286.74 + ], + [ + 375.15599999999995, + 286.74 + ], + [ + 375.15599999999995, + 300.51 + ], + [ + 229.5, + 300.51 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 208.08, + 558.9 + ], + [ + 364.14, + 558.9 + ], + [ + 364.14, + 573.48 + ], + [ + 208.08, + 573.48 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 27 + ], + [ + "SectionHeader", + 6 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 41 + ], + [ + "Line", + 21 + ], + [ + "Text", + 20 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823425" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.md b/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.md new file mode 100644 index 0000000000000000000000000000000000000000..aaa2a21a8aaeacf98f719caa29863617fac259db --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.md @@ -0,0 +1,424 @@ +### IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, + +Defendant. + +Case Nos.2006-CF9454 AXX + +2008-9381CF AXX • + +(14 NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND - ' UNSEAL RECORDS c• •) + +a, anonparty, moves pursuant to the Rul ial Administration Rule 2.420(d)(5) to vacate the order scaling records an odocuments in these files on the following grounds: + +1. IN is avictim of sexual ab person under 18 for prostitutiAcZ )3 judgments of conviction ( 'bit '.) \'' eendant who was convicted of procuring a ny solicitation of prostitution. See attached presently has a pending civil action in this court against defend mtfor damages. Case number 502008CA028058XXXXMB AB. ior + +2. On e30 2008 and August 25, 2008, this Court sealed two documents, a non-pros eement and an addendum to non-prosecution agreement. See es of envelopes containing the sealed documents and also an Agreed Order Sealin ument 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)(1) 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 + +SENT TO JUDGE + +SCANNED JuN-3am + +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 (se s ri cge ' s , 38- 40) (Exhibit "C".) + +AS 6. It is against public policy for these documents to have and hidden from public scrutiny. As a member of the public, . I has a right to have these documents unsealed. Furthermore, these documents are relevant and material to 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, is unable to obtain them or utilize them in her case. + +7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court. + +i/ WHEREFORE movant requests the Court vacate the order sealing records and unseal th ments. + +## CERTIFICATE OF SERVICE + +HEREBY CERTIFY that a live and correct copy of the foregoing has been served via U.S. Mail and Facsimile this I day of June, 2009 to: A. Villafana, Esq., U.S. Attorney, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401 (561) 820-8777. + +ROTHSTEIN ROSENFELDT ADLER +Attorneys for Plaintiff +401 East Las Olas Blvd., Suite 1650 +Fort Lauderdale, Florida 33394 +Telephone (954) 522-3456 +Telecopier (954) 527-8663 + +By: + +![]()![]()IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE +FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. +IN AND FOR PALM BEACH COUNTY + + + +CASE NO. 06-CF-0454-ATTN-W +OBTS NUMBER 2006 CF 9454AXY + +CFN 20080267522 +OR BK 22760 PG 1081 +RECORDED 07/17/2008 08:52:50 +Palm Beach County, Florida +Sharon R. Bock, CLERK & COMPTROLLE +Pg 1081; (1pg) + +STATE OF FLORIDA + +[ ] COMMUNITY CONTROL VIOLATOR + +Jeffrey E. Epstein + +[ ] PROBATION VIOLATOR + +1/20/53 DEFENDANT +W RACE M GENDER M + + + +SOCIAL SECURIFY NUMBER + +**JUDGMENT** + +The above Defendant, being personally before this Court represented by J. Goldberger (attorney) + +| [ ] Having been tried and found guilty of the following crime(s): | | Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): | +|-------------------------------------------------------------------|--------------------------------------------|------------------------------------------------------------|-------------------------------------------------------------------------| +|-------------------------------------------------------------------|--------------------------------------------|------------------------------------------------------------|-------------------------------------------------------------------------| + +| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE | +|----------|--------------------------------------------|---------------------------|------------| +| 1 | Felony Solicitation of Prostitution | 796.07(2)(F) | 30F | +| | | | | +| | | | | +| | | | | + + and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). + + and having been connected or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to several Battery (ch. 704), fewd and laservious conduct (ch. 800), or murder (s. 78204), aggravated Battery (s. 784045), Burglary (s. 81002), sappacking (s. 812133), or home invasion tothery (s. 812135), or any other offense specified in section 943 325, the Defendant shall be required to submit blood specimens. + + and gold shall be being down. IT IS ORDERED THAT ADJUDICATION OF THE BELIEF BE WITHHELD. + +SENTENCE STAYED The Court hereby states and with the assessment of the Defendant that the conduct of the Defendant in the present case is adjudicated guilty of the above crime(s). + +SENTENCE DEFERRED The Court hereby defers imposition of sentence until the Defendant receives a comment on the conduct of the Defendant in the present case. + +The Defendant is therefore obligated to regret to agree to any adjudication of the above crime(s) that has been adjudicated guilty of the above crime(s) by the Court hereby stating that he is an aggregated Battery (s. 784045) or a prostitution of the above crime(s) by the Court hereby stating that he is not a separate crime. + +DONE AND ORDERED by the Court of the Palm Beach County, Florida at the time of the present court hearing this case is 30 June 10 A.M. 10/11 +*A stubbing all from* +CIRCUIT COURT OF FLORIDA + + + +**05 405U** + +**THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE +FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. +IN AND FOR PALM BEACH COUNTY** + + + +CASE NO 08 CF-9381-AMB DIV W + +OBIS NUMBER 160 80 CF 9381 XXY + +CFN 20080267252 +OR BK 22760 PG 0565 +RECORDED 07/17/2008 08:06:42 +Palm Beach County, Florida +Sharon R. Bock, CLERK & COMPTROLLER +Pg 0565; (1pg) + +STATE OF FLORIDA + +[ ] COMMUNITY CONTROL VIOLATOR + +[ ] PROBATION VIOLATOR + +Jeffrey E. Epstein DEFENDANT + +1/20/53 RACE W GENDER M +SOCIAL SECURITY NUMBER + + + +**JUDGMENT** + +The above Defendant, being personally before this Court represented by J. Goldberger (attorney) + +| [ ] Having been tried and found guilty of the following crime(s): | [ ] Having entered a plea of guilty to the following crime(s): | [ ] Having entered a plea of nolo contendere to the following crime(s): | +|-------------------------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------| +|-------------------------------------------------------------------|----------------------------------------------------------------|-------------------------------------------------------------------------| + +| COUNT | CRIME | OFFENSE STATUTE NUMBER(S) | DEGREE | +|----------|---------------------------------------------------|---------------------------|------------| +| 1 | Procuring Person Under 18 for Prostitution | 796.03 | 20F | +| | | | | +| | | | | + +[ ] and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). + +[ ] and having been conducted or found guilty of, or having entered a plea of nolo contendere or guilty regardless of adjudication, to attempts or offenses relating to sexual battery (ch. 794), lewd and fascivous conduct (ch. 800), or murder (s. 752.04), aggravated battery (s. 784.045), burglary (s. 810.02), carpacking (s. 812.133), or home invasion robbery (s. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens. + +[ ] and good cause having shown. IT IS ORDERED THAT ADJUDICATION OF GUILTY BE WITHHELD. + +SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to yourself and I places the Defendant on [ ] Prostitution and [ ] Community Control order for the suprassention of the Dept. of Convictions and Justice of prostitution to them separate orders. + +SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until \_\_\_\_\_. + +The Defendant is Open Court as submitted by right to appeal to the high court of appeal or to the court of appeal or court of appeal as a court responsible for the date sentence is supervised by prostitution ordered pays contributed sentence. The date did not also close between the sentence and contributing substantial of the expense of the State spent staying and staying. + +DONE AND ORDERED BY OPEN COURT OF PALM BEACH COUNTY FLORIDA DATE 30 June 8 +Nobel Double March + +IN THE CIRCUIT COURT OF THE FIFTEEN +JUDICIAL CIRCUIT OF FLORIDA, IN AND F +PALM BEACH COUNTY + +CASE NO. 2006 CF 009454A + +DIVISION W + +STATE OF FLORIDA + +vs. + +Seffrey Epstein + +ON July 2, 2008 + +FILED +JUL 2 2008 + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Other Non-Prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +Being In Seal +**EXHIBIT +B** + +AR JUL 03 2008 + +IN THE CIRCUIT COURT OF THE FIFTEEN +JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR +PALM BEACH COUNTY + +CASE NO. 06CF 009454XV + +DIVISION W + +STATE OF FLORIDA + +vs. + +Jeffrey Epstein + +ON 8/25/08 + +**COPY RECORDED +AND FILED +COURT OF FLORIDA +FIFTEEN JUDICIAL CIRCUIT OF FLORIDA** + + Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ +from \_\_\_\_\_ + + Presentence Investigation Report dated \_\_\_\_\_ SCANNED +from \_\_\_\_\_ AUG 30 2008 + + Other Addendum to the non-prosecution Agreement + +**SEALED IN COURT FILE, NOT TO BE +OPENED WITHOUT ORDER OF COURT** + +IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, +IN AND FOR PALM BEACH COUNTY, FLORIDA + +STATE OF FLORIDA + +vs. + +CASE NO.: 2006CF009454AXX +DIVISON: "W" + +JEFFREY EPSTEIN. + +Defendant. + +AGREED ORDER SEALING 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 number. The Court being fully apprised in the circumstances, it is hereby: + +ORDERED AND ADJUDGED that the 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. + +*Deborah Dale Pucillo* +DEBORAH DALE PUCILLO +Circuit Court Judge + +Copies forwarded to: + +Jack A. Goldberger, Esq. +Counsel for the Defendant +250 Australian Avenue South, Ste. 1400 +West Palm Beach, Florida 33401 + +Lanna Belohlavek, Esq. +Assistant State Attorney +(interoffice) + +AB JUL 03 2008 + +IN THE CIRCUIT COURT OF THE +FIFTEENTH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION + +- 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 + +STATE OF FLORIDA ) + vs ) + JEFFREY EPSTEIN ) + Defendant. ) + +CASE NO. 06 CF9454AMB VV +08 9381CFAMB + +PLEA CONFERENCE + +FILED +SUBJECT: ECK CREW +CREDIT COURT FAIL +FILED JUL 22 PM 3:12 + +PRESIDING: HONORABLE DEBORAH DALE PUCILLO + +APPEARANCES: + +ON BEHALF OF THE STATE: + BARRY E. KRISCHER, ESQUIRE + State Attorney + 401 North Dixie Highway + West Palm Beach, Florida 33401 + By: LANNA BELOHLAVEK, ESQUIRE + Assistant State Attorney + +ON BEHALF OF THE DEFENDANT: + ATTERBURY, GOLDBERGER & WEISS, P.A. + 250 Australian Avenue South + Suite 1400 + West Palm Beach, Florida 33401 + By: JACK GOLDBERGER, ESQUIRE + +ORIGINAL + +June 30, 2003 + Palm Beach County Courthouse + West Palm Beach, Florida 33401 + Beginning at 3:40 o'clock, a.m. + +PHYLLIS A. DAMES, OF EXHIBIT + C EXPORTER + +EXHIBIT + C + +I + +THE COURT: It is going to be recorded. + +MR. OOLDBERGER: That's fine. + +THE COURT: Defendant needs to approach as well. + +(Whereupon, there was a c erence at the bench.) + +MR. GOLDBERGER: on why I asked to come sidebar, er is a nonprosecution agre with the United States Attorney' ce that triggers as a result of th e agreement. In other words, the ha signed off and said they will no ro ecute Mr. Epstein in the Sou l strict of Florida for any of s today. That is aconfidential ^ ocument that the parties have agreed to. Just in an abundance of caution, I wanted to tell the court. upon his successful taking of this + +THE COURT: Iunderstand, that would a:so be invaliJated should he violate his community control? + +MR. DOLDBERT,ER: Absolutely. That + +1nonprosecution agreement C) 4 ° 39 + +MS. SELOHLAVEK: They spell all that out. + +closer. THE COURT: Mr. Epstein needs to come + +told me that in addition to ev hing, we talked about another Inducem• shall we say, to your taking thisrp sthat the with you, me rikce that complete p ba on and do everything you're suppose they have, have agreed not to pros you federally, did you understand th U.S. Attorney for the Southern District of the has Mr. Epstein, your attorney has State of Florida, federal prosecutor, agreed to amonp;bsecution agreement if you successfully + +THE DEFENDANT: Yes, + +MS. BELOHLAVER: They are actually in court here today, also. + +THE COURT: Ckay. + +MR. IC:LOSER-3ER: And the plea + +THE COURT: And I would view that as asignificant inducement in accepting this plea. + +O 40 1agreement very carefully spelled out if 3agreement, so we are well aware of it. there was abreach that would violate this + +6has signed that document? 7 THE COURT: Okay. I would request that asealed copy of that -- Mr. Epstein + +11other condition of 12influencing thislL ¢hsdant to make this 13decision? THE COURT: I want led copy of that filed in this case. at is the only agreement that is + +16R Eurn to open court.) HE + +21these pleas unless they are freely and 22voluntarily made. THE COURT: Because I don't take + +23 + +THE DEFENDANT: Iunderstand that. + +24 + +THE COURT: I also don't want somebody cr anybody coming back ayear, + +25 + +that's MR. LD RGER: Absolutely. Ithink ight idea. + +COURT: hing else? Mr. Epstein, is there + +THE DEFENDANT: No, + +seal the copy. MR. GOLDBERGER: Yes, like to 777 \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..a5299c9f5229407d2cb9c35bf20bb93f9659f0b5 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/EFTA02823427.metadata.json @@ -0,0 +1,622 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823427.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 12, + "chars": 15788, + "elapsed_seconds": 108.2, + "image_assets": [ + "_page_3_Picture_33.jpeg", + "_page_3_Picture_41.jpeg", + "_page_3_Picture_54.jpeg", + "_page_4_Picture_32.jpeg", + "_page_4_Picture_41.jpeg" + ], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE \nFIFTEENTH JUDICAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY \nFLORIDA, CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 301.96500000000003, + 65.52 + ], + [ + 508.605, + 65.52 + ], + [ + 508.605, + 122.031 + ], + [ + 301.96500000000003, + 122.031 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 227.54999999999998, + 564.9799999999999 + ], + [ + 390.7580871582031, + 564.9799999999999 + ], + [ + 390.7580871582031, + 582.2330169677734 + ], + [ + 227.54999999999998, + 582.2330169677734 + ] + ] + }, + { + "title": "IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 58.425000000000004, + 28.700000000000003 + ], + [ + 322.875, + 28.700000000000003 + ], + [ + 322.875, + 65.60000000000001 + ], + [ + 58.425000000000004, + 65.60000000000001 + ] + ] + }, + { + "title": "JUDGMENT", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 52.275000000000006, + 254.20000000000002 + ], + [ + 605.7750000000001, + 254.20000000000002 + ], + [ + 605.7750000000001, + 295.2 + ], + [ + 52.275000000000006, + 295.2 + ] + ] + }, + { + "title": "THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. IN AND FOR PALM BEACH COUNTY", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 58.425000000000004, + 24.630000000000003 + ], + [ + 325.95000000000005, + 24.630000000000003 + ], + [ + 325.95000000000005, + 61.575 + ], + [ + 58.425000000000004, + 61.575 + ] + ] + }, + { + "title": "JUDGMENT", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 52.275000000000006, + 250.40500000000003 + ], + [ + 605.7750000000001, + 250.40500000000003 + ], + [ + 605.7750000000001, + 295.56 + ], + [ + 52.275000000000006, + 295.56 + ] + ] + }, + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 149.445, + 54.120000000000005 + ], + [ + 519.06, + 54.120000000000005 + ], + [ + 519.06, + 99.22 + ], + [ + 149.445, + 99.22 + ] + ] + }, + { + "title": "AGREED ORDER SEALING DOCUMENT IN COURT FILE", + "heading_level": null, + "page_id": 7, + "polygon": [ + [ + 119.31, + 231.23999999999998 + ], + [ + 462.48, + 231.23999999999998 + ], + [ + 462.48, + 265.68 + ], + [ + 119.31, + 265.68 + ] + ] + }, + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 8, + "polygon": [ + [ + 224.47500000000002, + 32.800000000000004 + ], + [ + 531.9749999999999, + 32.800000000000004 + ], + [ + 531.9749999999999, + 98.4 + ], + [ + 224.47500000000002, + 98.4 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 283 + ], + [ + "Line", + 34 + ], + [ + "Text", + 15 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 60 + ], + [ + "Line", + 26 + ], + [ + "Text", + 7 + ], + [ + "PageFooter", + 2 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 18 + ], + [ + "PageFooter", + 4 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 43 + ], + [ + "Picture", + 4 + ], + [ + "SectionHeader", + 3 + ], + [ + "Form", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "Table", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 43 + ], + [ + "PageFooter", + 4 + ], + [ + "SectionHeader", + 3 + ], + [ + "Table", + 3 + ], + [ + "Picture", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 5, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 27 + ], + [ + "PageFooter", + 2 + ], + [ + "Picture", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 6, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 24 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 7, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 178 + ], + [ + "Text", + 26 + ], + [ + "Line", + 22 + ], + [ + "SectionHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 8, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 206 + ], + [ + "Text", + 54 + ], + [ + "Line", + 47 + ], + [ + "PageHeader", + 2 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 2 + ], + [ + "ListGroup", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 9, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 209 + ], + [ + "Line", + 32 + ], + [ + "Text", + 11 + ], + [ + "PageHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 10, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 212 + ], + [ + "Line", + 39 + ], + [ + "Text", + 18 + ], + [ + "PageHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 11, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 219 + ], + [ + "Line", + 49 + ], + [ + "Text", + 16 + ], + [ + "PageHeader", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823427" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_33.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_33.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..99ec913f7942f4bbcbec50d1bb4f3947251ca7ad --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_33.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:10ec0490aef09184d82ad79de0f4a443a4f4cb2385464079f43c74bac189bf89 +size 6942 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_41.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_41.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..1aad03db50e05754fbe4ed252f6ba7ec85b4ef01 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_41.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:2269527b755007643724f9a8d25fb6e2c95f9873f98da61fe38b39a4a76ae5e7 +size 4158 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_54.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_54.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..6e2f8eb703220c11b5e87fbc0a0aec8e72b5c9ea --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_3_Picture_54.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:4671c4a5d184141492fa2c57f2f10ca6b6943a42c9255c990bae2fb99a9e5a97 +size 5628 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_32.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_32.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..9308f4acaa40a546b8d53ffe6cabe65ccc2d8b74 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_32.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:ada920d27df2cade0417f4820f28e5be48941b66c77e89cf77d1b0ab71b4733b +size 7005 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_41.jpeg b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_41.jpeg new file mode 100644 index 0000000000000000000000000000000000000000..6b522d8b6285c67d006b96bd1c685b395e4c659a --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823427/_page_4_Picture_41.jpeg @@ -0,0 +1,3 @@ +version https://git-lfs.github.com/spec/v1 +oid sha256:72fa1697cd2260dd3600b397a231c029f60cce617db0713891874d7746bddd91 +size 4105 diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.md b/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.md new file mode 100644 index 0000000000000000000000000000000000000000..9681e8bc85816401894674c380c3c814d65cc29d --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.md @@ -0,0 +1,82 @@ +IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION + +STATE OF FLORIDA + +vs. + +JEFFREY EPSTEIN + +Case Nos.: 2006-CF9454-AXX & 2008-92RICE-AXX + +09 JUN 12 PM 3:43 +FILED W +PALM BEACH COUNTY CIRCUIT FL +2008-92RICE-AXX + +**PALM BEACH POST'S MOTION TO INTERVENE +AND PETITION FOR ACCESS** + +Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post (the "Post") moves to intervene in this action for the limited purpose of seeking access to documents filed under seal. The documents relate directly to the Defendant's guilty plea and sentence. Thus, the sealed documents go to the heart of the disposition of this case. But in requesting that Judge Pucillo seal these documents, the parties failed to comply with Florida's strict procedural and substantive requirements for sealing judicial records. In addition, continued sealing of these documents is pointless, because these documents have been discussed repeatedly in open court records. For all of these reasons, the documents must be unsealed. As grounds for this Motion, the Post states: + +1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. + +2. As a member of the news media, the Post has a right to intervene in criminal proceedings for the limited purpose of seeking access to proceedings and records. See Barron v. Florida Freedom Newspapers, Inc., 531 So. 2d 113, 118 (Fla. 1988) (news media have standing to challenge any closure order); Miami Herald Publ'g Co. v. [REDACTED], 426 So. 2d 1, 7 (Fla. 1982) (news media must be given an opportunity to be heard on question of closure). + +2009 JUN - 3 PM +SHANN R. BOCK +PALM BEACH CITY +FILED +3 + +3. The particular documents under seal in this case are a non-prosecution agreement that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. Together, these documents apparently restrict any federal prosecution of the Defendant for offenses related to the conduct to which he pleaded guilty in this case. Judge Pucillo accepted the agreement for filing during a bench conference on June 30, 2008. The agreement, Judge Pucillo found, was "a significant inducement in accepting this plea." Such agreements and related documents typically are public record. See Oregonian Publishing Co. v. United States District Court, 920 F.2d 1462, 1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States v. Kooistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of plea and sentencing could be sealed only upon finding of a compelling interest that justified denial of public access). + +4. The Florida Constitution provides that judicial branch records generally must be open for public inspection. See Art. I, § a), Fla. Const. Closure of such records is allowed only under narrow circumstances, s prevent a serious and imminent threat to the fair, impartial and orderly administnt% of .ce," or to protect a compelling governmental interest. 5ss Fla. R. Jud. Admin. 2.420(c)(9)(A). Additionally, closure must be effective and no broader than necessary to accomplish the desired purpose, and is lawful only if no less restrictive measures will accomplish that purpose. See Fla. R. Jud. Admin. 2. 420(cX9XB) & (C); 426 So. 2d at 3. + +5. In this case, the non-prosecution agreement and, later, the addendum were sealed without any of the requisite findings. Rather, it appears from the record, the documents were sealed merely because the Defendant's counsel represented to Judge Pucillo that the nonprosecution agreement "is a confidential document." See Plea Conference Transcript page 38 + +(June 30, 2008). Such a representation falls well short of demonstrating a compelling interest, a genuine necessity, narrow tailoring, and that no less restrictive measures will suffice. Consequently, the sealing was improper and ought to be set aside. + +6. In addition, at this time good cause exists for unsealing the documents because of their public significance. Since the Defendant pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this case allege he brought and paid teenage girls to come his home for sex and/or "massages."' At least 11 cases are pending. In another lawsuit, one of the Defendant's accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against the Defendant.2 State prosecutors also have been criticized: The Palm Beach Police Chief has faulted the State Attorney's handing of these cases as "highly unusual" and called for the State Attorney's disqualification. Consequently, this case — and particularly the Defendant's agreements with prosecutors — are of considerable public interest and concern. + +7. The Defendant's non-prosecution agreement with federal prosecutors also was important to Judge Pucillo. As she noted in the June 2008 plea conference, "I would view [the non-prosecution agreement] as a significant inducement in accepting this plea." See Plea Conference Transcript page 39. Florida law recognizes a strong public right of access to documents a court considers in connection with sentencing. See Sarasota Herald Tribune, Div. + +See. e.e., Doe v. Epstein, Case No. 08-80069 (S.D. Fla. 2008); Doe No. 2 v. Epstein Case No. 08-80119 (S.D. Fla. 2008); Doe No. 3. v. Epstein Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. v. Epstein Case No. 08-80380 (S.D. Fla. 2008); Doe No. 5 v. Epstein, Case No. 08- 80381 (S.D. Fla. 2008); v. Epstein, Case No. 08-80811 (S.D. Fla. 2008); Doe v. Epstein, Case No. 08-80893 (S.D. Fla. 2008); Doe No. 7 v. Epstein, Case No. 08-80993 (S.D. Fla. 2008); Doe No. 6 v. Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II v. Epstein, Case No. 09-80469 (S.D. Fla. 2009); Doe No. 101 v. Epstein, Case No. 09-80591 (S.D. Fla. 2009)• Doe No. 102 v. Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 v. Epstein, Case No. 09-80802 (S.D. Fla. 2009). + +2See In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 2008). + +of the New York Times Co. v. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a judge may impose whatever legal sentence he chooses, if such sentence is based on a tangible proceeding or document, it is within the public domain unless otherwise privileged."). In this case, no interest justifies continued sealing of these "significant" documents that Judge Pucillo considered in accepting the plea and sentencing the Defendant. The lack of any such compelling interest — as well as the parties' failure to comply with the standards for sealing documents initially — provide good cause for unsealing the documents at this time. + +8. Finally, continued closure of these documents is pointless, because many portions of the sealed documents already have been made public. For example, court papers quoting excerpts of the agreement have been made public in related federal proceedings.3 As the Florida Supreme Court has noted, 'There would be little justification for closing a pretrial hearing in order to prevent only the disclosure of details which had already been publicized." M, 426 So. 2d at 8. Similarly, in this case, to the extent that information already has been made public, continued closure is pointless and, therefore, unconstitutional. + +9. The Post has no objection to the redaction of victims' names (if any) that appear in the sealed documents. In addition, insofar as the Defendant or State Attorney seek continued closure, the Post requests that the Court inspect the documents in camera in order to assess whether, in fact, continued closure is proper. + +3See, e.a.. "Defendants Jeffrey Epstein and Motion for Stay," Epstein, Case No. 08-80811 (S.D. Fla. July 25, 2008) (filed publicly Jan. 7, 2009). v. + +WHEREFORE, the Post respectfully requests that this Court unseal the non-prosecution agreement and addendum and grant the Post such other relief as the Court deems proper. + +Respectfully submitted, + +[REDACTED], LOCICERO & BRALOW PL + +*Rachel August Br.* Fla Bar# +044029 + +Deanna K. Shullman +Florida Bar No.: 0514462 +James B. Lake +Florida Bar No.: 0023477 +101 N.E. Third Avenue, Suite 1500 +Fort Lauderdale, FL 33301 +Telephone: (813) 984-3060 +Facsimile: (813) 984-3070 + +Attorneys for The Palm Beach Post + +**CERTIFICATE OF SERVICE** + +I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via facsimile and U.S. Mail to: **R. Alexander Acosta**, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401 (fax: 561-820-8777); **Michael McAuliffe, Esq., and Judith Stevenson Arco, Esq.,** State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401 (fax: 561-355-7351); **Jack Alan Goldberger, Esq.,** Atterbury Goldberger, et al., 250 S. Australian Ave., Ste. 1400, West Palm Beach, FL 33401 (fax: 561-835-8691); and [REDACTED] **J. [REDACTED], Esq. and William J. Berger, Esq.,** Rothstein Rosenfeldt Adler, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394 (fax: 954-527-8663) on this 1st day of June, 2009. + +*Rachel August* +Attorney \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..ae7229469924e67ae70d44e2ee5c1cc99d6c4a86 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823439/EFTA02823439.metadata.json @@ -0,0 +1,260 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823439.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 5, + "chars": 9371, + "elapsed_seconds": 7.28, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 126.86299999999999, + 72.08999999999999 + ], + [ + 483.779, + 72.08999999999999 + ], + [ + 483.779, + 112.59 + ], + [ + 126.86299999999999, + 112.59 + ] + ] + }, + { + "title": "PALM BEACH POST'S MOTION TO INTERVENE AND PETITION FOR ACCESS", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 164.49699999999999, + 221.13000000000002 + ], + [ + 443.1099999999999, + 221.13000000000002 + ], + [ + 443.1099999999999, + 248.67000000000002 + ], + [ + 164.49699999999999, + 248.67000000000002 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 4, + "polygon": [ + [ + 221.55499999999995, + 364.5 + ], + [ + 383.01699999999994, + 364.5 + ], + [ + 383.01699999999994, + 377.46000000000004 + ], + [ + 221.55499999999995, + 377.46000000000004 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 73 + ], + [ + "Line", + 32 + ], + [ + "Text", + 20 + ], + [ + "SectionHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 52 + ], + [ + "Line", + 25 + ], + [ + "Text", + 3 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 90 + ], + [ + "Line", + 30 + ], + [ + "Text", + 3 + ], + [ + "Footnote", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 54 + ], + [ + "Line", + 23 + ], + [ + "Text", + 3 + ], + [ + "PageFooter", + 2 + ], + [ + "Footnote", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 4, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 54 + ], + [ + "Line", + 27 + ], + [ + "Text", + 16 + ], + [ + "PageFooter", + 4 + ], + [ + "SectionHeader", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823439" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.md b/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.md new file mode 100644 index 0000000000000000000000000000000000000000..58e00356ad0396c0feb7b068bad38cc348ba52c7 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.md @@ -0,0 +1,65 @@ +CASE NO : + +502006CF009454AXXXMB + +ST OF FL VS. + +JEFFREY E. EPSTEIN + +Charges : + +FELONY OFFER TO COMMIT PROSTITUTION + +ARREST # + +2008039317 + +BOND# + +TYPE + +Date 6/10/09 Judge [Signature] Cri Rep. S. [Signature] + ASA DC [Signature] Int. [Signature] + Deft. --Pres / Not Pres. W / W/O Def. Co. [Signature] Esq. PD --Pres / Not Pres. + Before the Court for: OTHER HEARING + Granted Denied With / Without Prejudice Withdrawn Court Reserves Ruling Written Order to Follow + Warrant Ordered Recalled Bond Set at \$ \_\_\_\_\_ See Below Also Covers Sp Cond + Bond Forf OR: Disch/Revoked/Reinstated Bond: Disch/Revoked SOR: Disch/Revoked/Reinstated + Bond Forf Vacated Previous Bond Reinstated, if Bondsman agrees State failed to file charges Released O.R. / S.O.R. + Deft \_\_\_ Indigent PD Appt Hrg only PD Pres \_\_\_\_\_ Court Appts \_\_\_\_\_ + Evaluation for: Drug Farm DOC Non-Secure Bed by \_\_\_\_\_ + Pre-Plea PSI ordered by/within \_\_\_\_\_ days w/input from DJJ / Staffing + Referred to: PTI / SAAP / PADD Case placed on the absentee docket + DEFT ENTERED A PLEA OF: NOT GUILTY GUILTY NO CONTEST BEST INTEREST TO THE COURT + As Charged-Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ Lesser Charge \_\_\_\_\_ + Sw & Test Adv of Rts Waived PSI Lesser Cts \_\_\_\_\_ Lesser Charge \_\_\_\_\_ + ADJ GUILTY as Charged as to Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ + FOUND GUILTY as Charged as to Cts \_\_\_\_\_ Lesser Cts \_\_\_\_\_ + ADJ W/HELD as to Cts \_\_\_\_\_ SENT W/HELD as to Cts \_\_\_\_\_ + FOUND AND ADJUDICATED DELINQUENT as to Cts \_\_\_\_\_ Dispo Order to follow/Filed + FOUND & ADJ NOT GUILTY as to Cts \_\_\_\_\_ Dismiss Nolle Prosse Cts \_\_\_\_\_ + Prob / Comm Control: Revoked Reinstated Modified Term. Successfully / Unsuccessfully + Stip/Found: (violent) Habitual Off. 775.084 Stip/Found: Sexual Offender / Sexual Predator Stip/Found: P.R.R. + SENTENCE: PBCJ: \_\_\_\_\_ Cts: \_\_\_\_\_ / DOC: \_\_\_\_\_ Cts: \_\_\_\_\_ + PBCJ: \_\_\_\_\_ Cts: \_\_\_\_\_ / DOC: \_\_\_\_\_ Cts: \_\_\_\_\_ + W/Credit for \_\_\_\_\_ Days / Mos. / Yrs. Deft Remanded Deft to remain on same rel. status pending sent. + Conc / Consec / Co-Term w/cases / cts: \_\_\_\_\_ + Execution of Sentence Stayed Sentence Suspended Time served as to Cts \_\_\_\_\_ + Youthful Off Habitual Off Min / Mand: \_\_\_\_\_ as to Cts \_\_\_\_\_ + ABOVE SENTENCE TO BE FOLLOWED By: Probation Drug / Sex Off Prob Comm. Control I II - See Pg. 2 + DRIVERS LICENSE TO BE SUSPENDED / REVOKED FOR \_\_\_\_\_ YEARS AS A RESULT OF THIS PLEA. + +motion to intervene - Monited + +no action on motion to intervene + +motion Hearing Set / Remains Set / Reset 6-25-09 Div W Rm HF at 30 AM/PM + Set / Remains Set / Reset \_\_\_\_\_ Div \_\_\_\_\_ Rm \_\_\_\_\_ at \_\_\_\_\_ AM/PM + + Deft sign \_\_\_\_\_ + Def Co \_\_\_\_\_ ASA \_\_\_\_\_ Bondsman \_\_\_\_\_ + Prob Jail DJJ GAL Notified by mail by: \_\_\_\_\_ on \_\_\_\_\_ / \_\_\_\_\_ / \_\_\_\_\_ + County Courthouse Courtroom, Criminal Justice Bldg. Courtroom, Criminal Justice Complex + 205 N. Dixie, West Palm Beach 38844 State Road 80, Belle Glade 3228 Gun Club Rd., West Palm Beach + +IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT MARY JAFFE, ADA COORDINATOR IN THE ADMINISTRATIVE OFFICE OF THE COURT, PALM BEACH COUNTY COURTHOUSE, 205 N. DIXIE HWY, RM 5.2500, WEST PALM BEACH, FL 33401; TELEPHONE (561) 355-4380, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 1-800-965-6771. \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..ac6e4ca8b57dcd826b60e1a4ab4884d3a79042be --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823444/EFTA02823444.metadata.json @@ -0,0 +1,54 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823444.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 3677, + "elapsed_seconds": 14.07, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 24 + ], + [ + "PageFooter", + 4 + ], + [ + "Form", + 2 + ], + [ + "ListGroup", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823444" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.md b/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.md new file mode 100644 index 0000000000000000000000000000000000000000..7cfbf55c282e043a550947fdbf35d66c19640c11 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.md @@ -0,0 +1,43 @@ +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION + +STATE OF FLORIDA + +Plaintiff, + +vs. Case Nos.: 2006-CF9454-AXX 2008-9381CF-AXX + +JEFFREY EPSTEIN + +Defendant. + +CO t + +• IN + +## NO PalmTl O F H NEeAI RN + +PLEASE TAKE NOTICE that , ., cl/b/a The Palm Beach Post Beach will call up for hearing its Motion to Intervene and \ i i r Access before the Honorable Jeffrey Colbath, Palm Beach County Courtho Dixie Hwy., Room 11F, West Palm Beach on June 10, 2009 at 10:40 a.m. o soo ereafter as counsel may be heard. + +I Time reserved: 10 Minute + +LOCICERO & BRALOW PL + +tuna K. Shullman Florida Bar No.: 0514462 James B. Lake tic" Florida Bar No.: 0023477 .. P.4 400 North Ashley Drive, Suite4 P.O. Box 2602 (33601) C"- Tampa, FL 33602 Telephone: (813) 984-3060 2:7;13 -r Facsimile: (813)984-3070 xc ze0 + +Attorneys for The Palm Beaaict + +••••• + +## CERTIFICATE OF SERVICE + +WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via 14.S. Mail; VFacSimile; Overnight Delivery to R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400. West Palm Bach, FL 33401; Judith Stevenson Arco. Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; William J. Berger, !STEIN ROSENFELDT ADLER. 401 East Las Olas Blvd., Ste. 1650 uderdale. FL 33394; J. M, Esq., ROTHSTEIN ROSENFELD 401 East Las Olas Blvd., Ste. 1650, Fort Lauderdale, FL 3394; Jack Alan Gold , Atterbury Goldberger, et al., 250 S. Australian Ave., Ste. 1400, West Palm Be 401 on thi; 7s day ofJune, 2 9. + +cc: Judicial Assistant (Via + +Esquire Court Re It'll.%• + +AS + +Ale 'j. h + +Atto \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..88195f9958d7e96d768b892dd2c4ce78a3242ef3 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823445/EFTA02823445.metadata.json @@ -0,0 +1,166 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823445.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 1705, + "elapsed_seconds": 0.78, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY, FLORIDA \nCRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 128.68399999999997, + 78.1875 + ], + [ + 488.5667724609375, + 78.1875 + ], + [ + 488.5667724609375, + 120.54998779296875 + ], + [ + 128.68399999999997, + 120.54998779296875 + ] + ] + }, + { + "title": "NO \nPalmTl O F \nH NEeAI RN", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 240.97899999999998, + 294.1875 + ], + [ + 371.484, + 294.1875 + ], + [ + 371.484, + 309.1700134277344 + ], + [ + 240.97899999999998, + 309.1700134277344 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 227.625, + 136.04888916015625 + ], + [ + 393.3411560058594, + 136.04888916015625 + ], + [ + 393.3411560058594, + 150.43353271484375 + ], + [ + 227.625, + 150.43353271484375 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 75 + ], + [ + "Line", + 35 + ], + [ + "Text", + 15 + ], + [ + "SectionHeader", + 2 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 45 + ], + [ + "Line", + 20 + ], + [ + "Text", + 6 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823445" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.md b/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.md new file mode 100644 index 0000000000000000000000000000000000000000..4179b9a5e0d090016b6d4c275dce8e5fdef4b453 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.md @@ -0,0 +1,45 @@ +IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT +IN AND FOR PALM BEACH COUNTY, FLORIDA +CRIMINAL DIVISION + +STATE OF FLORIDA + +Plaintiff, + +vs. + +JEFFREY EPSTEIN + +Defendant. +\_\_\_\_\_/ + +Case Nos.: 2006-CF9454-AXX & +2008-9381CF-AXX + +**NOTICE OF HEARING** + +PLEASE TAKE NOTICE that Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post will call up for hearing its Motion to Intervene and Petition for Access before the Honorable Jeffrey Colbath, Palm Beach County Courthouse, 205 N. Dixie Hwy., Room 11F, West Palm Beach on June 10, 2009 at 10:40 a.m. or as soon thereafter as counsel may be heard. + +Time reserved: 10 Minutes + +[REDACTED], LOCICERO & BRALOW PL + +![]()SHARON R. BOCK, CLERK +PALM BEACH COUNTY, FL +CIRCUIT CRIMINAL + +2009 JUN 11 PM 4:27 + +FILED + +Attorneys for The Palm Beach Post + +## CERTIFICATE OF SERVICE + +WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via /S. Mail; /Facsimile; Ii Overnight Delivery to R. Alexander Acosta, United States A... Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West AP t t 3A1 e, lt FL 33401; Judith Stevenson Arco, Esq., State Attorney's Office - West Palm ICIm, 1 North Dixie Highway, West Palm Beach, FL 33401; William J. Berger, E ., R ROSENFELDT ADLER, 401 East Las Olas Blvd., Ste. 1650 uderdale, FL 33394; J. Esq., ROTHSTEIN ROSENFELD , 401 East Las Olas Blvd., Ste. 1650, Fort Lauderdale, FL 3394; Jack Alan Gold S. Australian Ave., Ste. 1400, West Palm B , Atterbury Goldberger, et al., 250 zif2t 2 + +cc: Judicial Assistant (Via pd U.S. Mail) Esquire Court Re + +(S, + +401 on thi 7 - day ofJune, 2 t9. Atto \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..7440c58e4c667c51f5e5e6504128105b8623def0 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823447/EFTA02823447.metadata.json @@ -0,0 +1,166 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823447.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 1628, + "elapsed_seconds": 4.41, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 128.07699999999997, + 77.76 + ], + [ + 485.6, + 77.76 + ], + [ + 485.6, + 118.25999999999999 + ], + [ + 128.07699999999997, + 118.25999999999999 + ] + ] + }, + { + "title": "NOTICE OF HEARING", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 240.372, + 294.03 + ], + [ + 370.27, + 294.03 + ], + [ + 370.27, + 307.79999999999995 + ], + [ + 240.372, + 307.79999999999995 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 224.58999999999997, + 136.89000000000001 + ], + [ + 389.6180725097656, + 136.89000000000001 + ], + [ + 389.6180725097656, + 151.47802734375 + ], + [ + 224.58999999999997, + 151.47802734375 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 88 + ], + [ + "Line", + 33 + ], + [ + "Text", + 29 + ], + [ + "SectionHeader", + 4 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 67 + ], + [ + "Line", + 23 + ], + [ + "Text", + 5 + ], + [ + "PageFooter", + 2 + ], + [ + "PageHeader", + 1 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823447" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.md b/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.md new file mode 100644 index 0000000000000000000000000000000000000000..eaeea52063414bba8de717a4447d6d3f27c5d637 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.md @@ -0,0 +1,61 @@ +FILED +2009 JUN 15 PM 3:19 +SHARON R. BOCK, CLERK +PALM BEACH COUNTY, FL +CIRCUIT CRIMINAL + +IN THE CIRCUIT COURT OF THE +15TH JUDICIAL CIRCUIT IN AND +FOR PALM BEACH COUNTY, +FLORIDA + +CASE NO: 2006CF009454AXX + +~~2006CF009484AXX~~ + +STATE, + +vs. + +EPSTEIN, JEFFREY E, + +Defendant. + +FILED +09 JUN 12 PM 1:41 +CIRCUIT COUNTY, FL + +MOTION TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW + +COMES NOW, Applicant [REDACTED] 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. 1. Applicant's intervention is in subordination to, and in recognition of, the propriety of the main proceeding. +2. 2. Applicant stands to either gain or lose by the court's direct legal operation and effect of judgment in the pending matter. +3. 3. Applicant is not injecting a new issue into the pending matter. +4. 4. Applicant's motion to intervene is timely. + +- 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. + +4... FIa.R.Civ.P. 1.230. "A person seeking leave to intervene must claim an iz!etest of such a direct and immediate character that the intervenor will either gain or s445, ose by & direct legal operation and effect of the judgment." Litvak v. Scylla Properties. LLB( 2 So.2d 1165, 1172 (Fla. 5th DCA 2006). Additionally, "an intervenor my not inject\te issue into the case." + +Environmental Confederation of Southwest Florid& lie ., v. IMC Phosphates, Inc., 857 So.2d 207, 211 (Fla.l n 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 + +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 (N. 1'992). "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). + +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 a 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 criminafltmter. The sealed is: document may contain discoverable information or may lead s dtidn the discovery of new relevant information. See Fla.R.Civ.P. 1.280(b)(1). Additionally4 ent may contain valuable 4,2 1 impeachment information that the Applicant would intend t use if the Applicant's civil case proceeded to trial. eirScr + +WHEREFORE, Applicant, respectfully requests the Court grant= motion to A intervene in the pending criminal matte% + ++6s + +## CERTIFICATE OF SERVICE + +HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U. S. Mail, postage prepaid, this II\_ day 00kaIQ, , tterg 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. + +> LEOPOLD-KUV1N, 2925 PGA Boulevard Suite 200 Palm Gardens, FL 10 (561)5 (561)5 + +ENC T. KUVIN, Esq. Florida ar No.: 089737 \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..a29a1cd1f50d9b82e0f6975e074b0231846e0356 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823449/EFTA02823449.metadata.json @@ -0,0 +1,238 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823449.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 4, + "chars": 4655, + "elapsed_seconds": 4.27, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "MOTION TO INTERVENE AND SUPPORTING MEMORANDUM OF LAW", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 107.1, + 417.15000000000003 + ], + [ + 517.14, + 417.15000000000003 + ], + [ + 517.14, + 433.35 + ], + [ + 107.1, + 433.35 + ] + ] + }, + { + "title": "MEMORANDUM OF LAW", + "heading_level": null, + "page_id": 1, + "polygon": [ + [ + 235.00799999999998, + 158.76 + ], + [ + 386.053466796875, + 158.76 + ], + [ + 386.053466796875, + 173.8485107421875 + ], + [ + 235.00799999999998, + 173.8485107421875 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 3, + "polygon": [ + [ + 230.112, + 79.38 + ], + [ + 395.2923889160156, + 79.38 + ], + [ + 395.2923889160156, + 94.863037109375 + ], + [ + 230.112, + 94.863037109375 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 65 + ], + [ + "Line", + 26 + ], + [ + "Text", + 18 + ], + [ + "SectionHeader", + 3 + ], + [ + "ListGroup", + 2 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 80 + ], + [ + "Line", + 26 + ], + [ + "Text", + 4 + ], + [ + "PageFooter", + 3 + ], + [ + "ListGroup", + 1 + ], + [ + "SectionHeader", + 1 + ], + [ + "ListItem", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 45 + ], + [ + "Line", + 20 + ], + [ + "Text", + 3 + ], + [ + "PageFooter", + 3 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 3, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 35 + ], + [ + "Line", + 16 + ], + [ + "Text", + 4 + ], + [ + "PageFooter", + 3 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823449" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.md b/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.md new file mode 100644 index 0000000000000000000000000000000000000000..fab76defab8704e92b372a33a1a02267230742e0 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.md @@ -0,0 +1,75 @@ +DIV : W +CASE NO : +Charges : + +502006CF009454AXXXMB ST OF FL VS. +FELONY OFFER TO COMMIT PROSTITUTION + +JEFFREY E. EPSTEIN + +ARREST # 2008039317 BOND# TYPE + +Date 6/25/09 Judge Catherine Crt. Rep. Alissan ASA DC Int. Deft---Pres/ Not Pres. W/O Def. Co. W/ W/ PD---Pres/ Not Pres. MOTION HEARING To under Reserves Rubert Brother + +Before the Court for: Granted Denied With / Without Prejudice Withdrawn Court Reserves Ruling Written Order to Follow + + Warrant Ordered Recalled Bond Set at \$ See Below Also Covers Sp Cond + + Bond Forf OR: Disch/Revoked/Reinstated Bond: Disch/Revoked SOR: Disch/Revoked/Reinstated + + Bond Forf Vacated Previous Bond Reinstated, if Bondsman agrees State failed to file charges Released O.R. / S.O.R. + + Deft Indigent PD Appt Hrg only PD Pres Court Appts + +Evaluation for: Drug Farm DOC Non-Secure Bed by Pre-Plea PSI ordered by/within days w/input from DJJ / Staffing + + Referred to: PTI / SAAP / PADD Case placed on the absentee docket + +DEFT ENTERED A PLEA OF: NOT GUILTY GUILTY NO CONTEST BEST INTEREST TO THE COURT + +As Charged-Cts Lesser Cts Lesser Charge + + Sw & Test Adv of Rts Waived PSI Lesser Cts Lesser Charge + + ADJ GUILTY as Charged as to Cts Lesser Cts + + FOUND GUILTY as Charged as to Cts Lesser Cts + + ADJ W/HELD as to Cts SENT W/HELD as to Cts + + FOUND AND ADJUDICATED DELINQUENT as to Cts Dismiss Nolle Prosse Cts Dispo Order to follow/Filed + + FOUND & ADJ NOT GUILTY as to Cts Dismiss Nolle Prosse Cts + +Prob / Comm Control: Revoked Reinstated Modified Term. Successfully / Unsuccessfully + + Stip/Found: (violent) Habitual Off. 775.084 Stip/Found: Sexual Offender / Sexual Predator Stip/Found: P.R.R. + +SENTENCE: PBCJ: Cts: / DOC: Cts: + +PBCJ: Cts: / DOC: Cts: + + W/Credit for Days / Mos. / Yrs. Deft Remanded Deft to remain on same rel. status pending sent. + +Conc / Consec / Co-Term w/cases / cts: + + Execution of Sentence Stayed Sentence Suspended Time served as to Cts + + Youthful Off Habitual Off Min / Mand: as to Cts + + ABOVE SENTENCE TO BE FOLLOWED By: Probation Drug / Sex Off Prob Comm. Control I - See Pg. 2 + + DRIVERS LICENSE TO BE SUSPENDED / REVOKED FOR YEARS AS A RESULT OF THIS PLEA. + +Brad Edwards & Bill Berger Attorney for [REDACTED] + Deanna Shullman Esq for Palm Beach Pass. + Spencer Kumer Atty for [REDACTED] Civil Action + materials for [REDACTED] Set / Remains Set / Reset 6/26/09 Div W Rm IIF at 9:00 AM/PM + Set / Remains Set / Reset Div Rm at AM/PM + + Deft sign Def Co ASA Bondsman Prob Jail DJJ GAL Notified by mail by: on / / / + + County Courthouse Courtroom, Criminal Justice Bldg. Courtroom, Criminal Justice Complex + 205 N. Dixie, West Palm Beach 38844 State Road 80, Belle Glade 3228 Gun Club Rd., West Palm Beach + +IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT MARY JAFFE, ADA COORDINATOR IN THE ADMINISTRATIVE OFFICE OF THE COURT, PALM BEACH COUNTY COURTHOUSE, 205 N. DIXIE HWY, RM 5.2500, WEST PALM BEACH, FL 33401; TELEPHONE (561) 355-4380, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 1-800-955-8771. \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..924044c43c3fb019c5d40ffff3b57a695da09b70 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823453/EFTA02823453.metadata.json @@ -0,0 +1,50 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823453.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 3239, + "elapsed_seconds": 14.34, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 48 + ], + [ + "PageFooter", + 4 + ], + [ + "Form", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823453" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.md b/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.md new file mode 100644 index 0000000000000000000000000000000000000000..a0268430e14d48973c774594205510450514f5ff --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.md @@ -0,0 +1,53 @@ +June 25, 2009 + +Jeffrey Colbath, Judge Presiding + +Barbara [REDACTED], Assistant State Attorney. + +Defendant Not present in Court with Counsel, Jack Goldberger & Robert Critton, Esq + +Delvra [REDACTED], Deputy Clerk Present. + +Court Reporter, Susan Wiggins, Present. + +Brad [REDACTED] & Bill Berger Attorney's for [REDACTED] + +Deanna Shullman Attorney for Palm Beach Post. + +Spencer T. Kuvin Attorney for [REDACTED] in Civil Action. + +Before the Court for Motion to Unseal Records & Motion to Entervein. + +Defense Counsel Jack Goldberger Presented Arguments to the Court. + +Brad [REDACTED] Attorney for [REDACTED] Presented Argument to the Court. + +Spencer T. Kuvin Attorney for [REDACTED] in Civil Action Presented Argument to the Court. + +Deanna Shullman Attorney for Palm Beach Post Presented Argument to the Court. + +Defense Offered: ORDER, as Defense Ex. #1 in identification only.( Attorney Jack Goldberger) + +Defense Offered: ORDER, as Defense Ex. #2 in identification only.(Attorney Jack Goldberger) + +Defense Offered: VICTIMS PETITION FOR ENFORCEMENT OF CRIME VICTIM'S RIGHTS ACT. 18 U.S.C. SECTION 3771, as Defense Ex. #1 in identification only. +(Attorney Brad [REDACTED]) + +SECRET +JUN 26 2009 + +CASE NO. 2006CF009454AXX I t; JEFFREY EPSTEIN + +,,2Q08CFl009381AXX + +June 25, 2009 (cont'd) + +State Attorney Presented Arguments to the Court. + +Defense Jack Goldberger Presented Rebuttal Argument to the Court. + +Motion to Unseal records granted Written order to follow. + +Motion to Entervein is granted OS Jack Goldberger Motion to Stay Disclosure + +JUI; d'id \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..367ea0299df562030043c83709ab4a345f3cbe19 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823454/EFTA02823454.metadata.json @@ -0,0 +1,88 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823454.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 2, + "chars": 1545, + "elapsed_seconds": 110.76, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Span", + 53 + ], + [ + "Text", + 38 + ], + [ + "Line", + 25 + ], + [ + "PageFooter", + 4 + ], + [ + "PageHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 71 + ], + [ + "Text", + 12 + ], + [ + "Line", + 12 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823454" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.md b/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.md new file mode 100644 index 0000000000000000000000000000000000000000..605cdca5e5c573cdf34e63a9acd869cdf10b3aa7 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.md @@ -0,0 +1,44 @@ +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION + +STATE OF FLORIDA + +vs. + +JEFFREY EPSTEIN + +Case Nos.: 2006-C + +## INTERVENOR PALM BEACH POST'S MOTION FOR ATTORNEYS' FEES AND COST rn at + +Palm Beach Newspapers, Inc., d/b/a The Palm Beach Post (the "Post" movesthis Court " for an award of attorneys' fees and costs in connection with this matter. In support thereof, the Post states: + +;: —Ti pa.," fs3 C 03 + +- 1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to inform its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. +- 2. On June 10, 2009, the Court granted the Post's Motion to Intervene in this action for the purpose of seeking access to court records. Specifically, the Post sought access to a nonprosecution agreement that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. +- 3. On June 25, 2009, the Court heard oral argument on the Post's (and other nonparties') motions. The Court found that the documents has not properly been sealed in the first instance and further denied Defendant's Motion to Make Court Records Confidential dated June I I, 2009. +- 4. The Post is entitled to its fess and costs in this matter pursuant to Administrative Order Number 2.303 of this Court. Specifically, Rule 2.303 allows sanctions to be imposed + +against the moving party "if a motion to seal is not made in good faith and is not supported by a sound legal and factual basis." Admin. Or. l5th Jud. Cir. Fla. 2.303. + +5. In this case, Mr. Epstein's Motion to Make Court Records Confidential was neither made in good faith nor supported by a sound legal and factual basis. Defendant's Motion asserted four interests that ostensibly would be protected by closure, but the motion cited no facts in support of that assertion. At the hearing on the motion, Defendant made no ct' itional effort to demonstrate how and why the asserted interests would be served by c nstead, Defendant's arguments addressed extraneous, inapplicable issues t did upport closure and demonstrated the Defendant's lack of good faith in bringing If on. In sum, the motion was wholly without merit, and the Post is entitled to an aw and costs in defending its rights of access. + +WHEREFORE, the Post respectfully t this Court award to it its fees and costs in connection with this matter and gran relief as the Court deems proper. + +Respectfully submitted, + +TI-I AS, LOCICERO & BRALOW PL + +I 0,10-ArlACA—' + +Deanna K. Shullman Florida Bar No.: 0514462 James B. Lake Florida Bar No.: 0023477 101 N.E. Third Avenue, Suite 1500 Fort Lauderdale, FL 33301 Telephone: (813) 984-3060 Facsimile: (813) 984-3070 + +Attorneys for The Palm Beach Post + +## CERTIFICATE OF SERVICE + +1 HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via hand delivery to Jack Alan Goldberger, Esq., Atterbury Goldberger. et al., 250 S. Australian Ave., Ste. 1400, West Palm Beach, FL 33401 (fax: 561-835-8691 and via U.S, mail to Michael McAuliffe, Esq., and Judith Stevenson Arco, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401 (fax: 561-355-7351);); on this LIIJ day of June, 2009. + +Atto + +G)\* \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..fdaf144cdcb17010c9787390e520120c371d5fae --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823456/EFTA02823456.metadata.json @@ -0,0 +1,200 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823456.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 3, + "chars": 3329, + "elapsed_seconds": 0.64, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [ + { + "title": "IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT \nIN AND FOR PALM BEACH COUNTY, FLORIDA \nCRIMINAL DIVISION", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 123.012, + 78.57000000000001 + ], + [ + 482.4981994628906, + 78.57000000000001 + ], + [ + 482.4981994628906, + 119.9830322265625 + ], + [ + 123.012, + 119.9830322265625 + ] + ] + }, + { + "title": "INTERVENOR PALM BEACH POST'S \nMOTION FOR ATTORNEYS' FEES AND COST rn at", + "heading_level": null, + "page_id": 0, + "polygon": [ + [ + 167.076, + 228.41999999999996 + ], + [ + 515.960205078125, + 228.41999999999996 + ], + [ + 515.960205078125, + 260.2330322265625 + ], + [ + 167.076, + 260.2330322265625 + ] + ] + }, + { + "title": "CERTIFICATE OF SERVICE", + "heading_level": null, + "page_id": 2, + "polygon": [ + [ + 223.37599999999998, + 79.38 + ], + [ + 388.520263671875, + 79.38 + ], + [ + 388.520263671875, + 93.72802734375 + ], + [ + 223.37599999999998, + 93.72802734375 + ] + ] + } + ], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 58 + ], + [ + "Line", + 30 + ], + [ + "Text", + 6 + ], + [ + "ListItem", + 4 + ], + [ + "SectionHeader", + 2 + ], + [ + "ListGroup", + 1 + ], + [ + "PageFooter", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 1, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 58 + ], + [ + "Line", + 28 + ], + [ + "Text", + 8 + ], + [ + "PageFooter", + 2 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + }, + { + "page_id": 2, + "text_extraction_method": "pdftext", + "block_counts": [ + [ + "Span", + 21 + ], + [ + "Line", + 11 + ], + [ + "Text", + 3 + ], + [ + "PageFooter", + 2 + ], + [ + "SectionHeader", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823456" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.md b/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.md new file mode 100644 index 0000000000000000000000000000000000000000..42ac1f6e8cbcf417c7469d9569a79fcb77a589e6 --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.md @@ -0,0 +1,68 @@ +DIV : W +CASE NO : +Charges : + +502006CF009454AXXXMB ST OF FL VS. +FELONY OFFER TO COMMIT PROSTITUTION + +JEFFREY E. EPSTEIN + +| ARREST # | 2008039317 | BOND# | TYPE | | | +|------------------------------------------------------------------------|-----------------------------------------------------------------------|-------------------------------------------------------|---------------------------------------------------------------------------|------------------------------------------------------|-------------------------------------------------------------| +| Date | 6/26/09 | Judge | Colebath | Cr. Rep. | Sturger | +| ASA | | DC | DO | Int | | +| Deft---Pres | Not Pres | W/W/O Def. Co. | R. Critton & J Goldberger | Esq / PD-- | Pres / Not Pres. | +| Before the Court for: | | | | | MOTION HEARING to stay | +| Granted | Denied | With / Without Prejudice | Withdrawn | Court Reserves Ruling | Written Order to Follow | +| Warrant | Ordered | Recalled | Bond Set at \$ | See Below | Also Covers | +| Bond Forf | OR: Disch/Revoked/Reinstated | Bond: Disch/Revoked | SOR: Disch/Revoked/Reinstated | | | +| Bond Forf Vacated | Previous Bond Reinstated, if Bondsman agrees | State failed to file charges | Released O.R. / S.O.R. | | | +| Deft Indigent | PD Appt | Hrg only | PD Pres | Court Appts | | +| Evaluation for: | | | | | | +| Drug Farm | DOC Non-Secure Bed by | | | | | +| Pre-Plea | PSI ordered by/within | | | w/input from DJJ / Staffing | | +| Referred to: PTI / SAAP / PADD | | | | | Case placed on the absentee docket | +| DEFT ENTERED A PLEA OF: | | | | | | +| NOT GUILTY | GUILTY | NO CONTEST | BEST INTEREST | TO THE COURT | | +| As Charged-Cts | | Lesser Cts | Lesser Charge | | | +| Sw & Test | Adv of Rts | Waived PSI | Lesser Cts | Lesser Charge | | +| ADJ GUILTY as Charged as to Cts | | Lesser Cts | | | | +| FOUND GUILTY as Charged as to Cts | | Lesser Cts | | | | +| ADJ W/HELD as to Cts | | SENT W/HELD as to Cts | | | | +| FOUND AND ADJUDICATED DELINQUENT as to Cts | | | Dispo Order to follow/Filed | | | +| FOUND & ADJ NOT GUILTY as to Cts | | Dismiss | Nolle Prosse Cts | | | +| Prob / Comm Control: | | | | | | +| Stip/Found: (violent) Habitual Off. 775.084 | Reinstated | Modified | Term. Successfully / Unsuccessfully | | | +| SENTENCE: | | | | | | +| PBCJ: | Cts: | / DOC: | Cts: | | | +| PBCJ: | Cts: | / DOC: | Cts: | | | +| W/Credit for | Days / Mos. / Yrs. | Deft Remanded | Deft to remain on same rel. status pending sent. | | | +| Conc / Consec / Co-Term w/cases / cts: | | | | | | +| Execution of Sentence Stayed | Sentence Suspended | Time served as to Cts | | | | +| Youthful Off | Habitual Off | Min / Mand: | as to Cts | | | +| ABOVE SENTENCE TO BE FOLLOWED By: | Probation | Drug / Sex Off Prob | Comm. Control | | | +| DRIVERS LICENSE TO BE SUSPENDED / REVOKED FOR | | | - See Pg. 2 | | | +| YEARS AS A RESULT OF THIS PLEA. | | | | | | + +D. Shullman - Palm Beach Post + +Brad Edwards Egg - for [REDACTED] + +Documents in question are delayed until noon on Thursday 7/2/09. motion to compel the deft to Post bond - denied + +Set / Remains Set / Reset Div Rm at AM/PM + +- Deft sign +- Def Co +- Prob +- Jail +- DJJ +- GAL +- County Courthouse 205 N. Dixie, West Palm Beach +- ASA +- Bondsman +- Notified by mail by: +- Courtroom, Criminal Justice Bldg. 38844 State Road 80, Belle Glade +- Courtroom, Criminal Justice Complex 3228 Gun Club Rd., West Palm Beach + +IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT MARY JAFFE, ADA COORDINATOR IN THE ADMINISTRATIVE OFFICE OF THE COURT, PALM BEACH COUNTY COURTHOUSE, 205 N. DIXIE HWY, RM 5.2500, WEST PALM BEACH, FL 33401; TELEPHONE (561) 355-4380, WITHIN 2 WORKING DAYS OF YOUR RECEIPT OF THIS NOTICE. IF YOU ARE HEARING OR VOICE IMPAIRED, CALL 1-800-955-4771. \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.metadata.json b/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.metadata.json new file mode 100644 index 0000000000000000000000000000000000000000..7008d4bf837b6c4e9e1dd907ed914c8267e1efbe --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823459/EFTA02823459.metadata.json @@ -0,0 +1,54 @@ +{ + "source_pdf": "/home/robbd/my/apps/epstein-index/data/raw/court-florida-v-epstein-2006/EFTA02823459.pdf", + "engine": { + "marker_major": "2", + "marker_version": "2.0.0", + "mode": "balanced", + "use_llm": false, + "force_ocr": false, + "disable_ocr": false, + "output_format": "markdown", + "preserve_source": false + }, + "fingerprint": "d889ea60d5548ac4", + "pages": 1, + "chars": 15383, + "elapsed_seconds": 13.5, + "image_assets": [], + "marker_metadata": { + "table_of_contents": [], + "page_stats": [ + { + "page_id": 0, + "text_extraction_method": "surya", + "block_counts": [ + [ + "Text", + 14 + ], + [ + "PageFooter", + 3 + ], + [ + "ListGroup", + 2 + ], + [ + "Form", + 1 + ] + ], + "block_metadata": { + "llm_request_count": 0, + "llm_error_count": 0, + "llm_tokens_used": 0, + "previous_text": "", + "previous_type": "", + "previous_order": 0 + } + } + ], + "debug_data_path": "debug_data/EFTA02823459" + } +} \ No newline at end of file diff --git a/marker2/court-florida-v-epstein-2006/EFTA02823460/EFTA02823460.md b/marker2/court-florida-v-epstein-2006/EFTA02823460/EFTA02823460.md new file mode 100644 index 0000000000000000000000000000000000000000..3ed0e174664886fb5768d1c16dff48812d052f7f --- /dev/null +++ b/marker2/court-florida-v-epstein-2006/EFTA02823460/EFTA02823460.md @@ -0,0 +1,64 @@ +Mr. Gold Ahearing was conducted on these matters on June 25, 2009. The Court notes that . 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. , Esq. were present on behalf of Mr. Kuvin, Esq. was present on behalf of.. Assistant State Attorney Barbara Bums 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: + +## IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA + +CRIMINAL DIVISION "W" + +CASE NO. 5020 + +STATE OF FLORIDA, + +vs. + +JEFFREY EPSTEIN, Defendant + +## ORDER + +C X + +THIS MATTER came before the Court on Wes lowing: + +- a) Non-party Motion Order Sealing Records and Unseal Records +- b) Palm Beach Post's Motions to Intervene and Petition for Access +- c) Notions toIntervene and for an Order to Unseal Records +- d) Jeffrey Epstein's Motion to Make Court Records Confidential + +Circuit Crr al Department + +JUN 2 6 2009 . + +SHARON R: BOCK Clerk & Comptroller Palm Beach County + +- 1. The State of Florida charged the Defendant, Jeffrey Epstein, with Felony Solicitation of Prostitution. 4 +- 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 A between Mr. Epstein and the United States. At c plea conference in -14/ State court Mr. Epstein plead guilty to the State, arges. At the plea ler conference the agreement between Mr. Epstein and the United States were made part of this Court's ieakdN the agreement was sealed in two separate filings. At the tinv4State court took these matters under seal, the proper procedure foksealing such documents had not been followed. The June 25th hearing was to give Mr. Epstein, the State, and/or the United Staffs an opportunity to comply with the well-defined and narrow parameters Tor sealing such documents. After hearing argument of counsel, the Court makes the following findings and rulings: 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. + +- 5) The originals will not be disclosed, however the undersigned will do an incamera 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 not comply with U.S. District Court Kenneth Marra's previous Orders. +- 7) The disclosure of the sealed documents shall be sad at least until June %.... 26, 2009, at 9:00 a.m., at which time the ayrt will hear "Epstein's Motion to Stay Disclosure of Non-Prosecution Agreement and Addendum Pending Review". + +DONE AND ORDERED in West Palm Beach, Palm Beach County, Florida this day of June, 2009. + +JEFFREY J. COLB TH rcuit Court Judge + +Copies furnished: + +R. Alexander Acosta, U.S. AKorney5 Office - Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 + +Barbara BunNil istA., State Attorney's Office 401 North Dixie Highway West Palm Beach, FL 33401 + +William 3. Ber er Esq. 3. Esq. Rothstein Rosen eldt Adler 401 East Las Olas Boulevard., Suite 1650 Ft. Lauderdale, FL 33394 + +Robert D. Critton, Esq. Burman, Critton, Luther & Coleman 515 North Flagler Drive, Suite 400 West Palm Beach, FL 33401 + +Page Four Case No. 50200BCF009381A)0
| | | | | +| | William | 2.303 | | | +| | 2:10 3:10 | 8:17 14:4 | | | +| | | 2.420 | | | +| ultimately | wish | 13:10 14:6 | | | +| 7:25 | 5:4 | 2.420(d) | | | +| understand | words | 8:18 | | | +| 13:22 | 10:9 | 2006-CF9454 | | | +| unique | written | 1:4 | | | +| 12:24 | 14:15 | 2008-CF9381 | | | +| unseal | | 1:4 | | | +| 4:17 6:11 | | 2009 | | | +| 10:12 11:15 | Yeah | 1:18 3:6 | | | +| unsealed | 12:13 14:18 | 16:8 | | | +| 5:2 7:17 | year | 22nd | | | +| unsealing | 13:9 | 15:14 | | | +| 4:8 | yelling | 25th | | | +| | 10:18 | 15:15 | | | +| | | 250 | | | +| | | 2:3 | | | +| | | | | | +| vacate | | | | | +| 10:13 | zealous | | | | +| vs | 10:17 | | 3 | | +| | | | | | +| | # | 3rd | | | +| | | 2:19 | | | +| | #100578 | 33301-1181 | | | +| waiting | 1:25 16:11 | 2:21 | | | +| 12:5 | | 33394 | | | +| want | 1 | 2:14 | | | +| 4:17 6:21,22 | 1:30 | 33401 | | | +| 7:1,2,5,17 | 15:15 | 2:4 | | | +| 13:18,23 | 10 | 33401-4349 | | | +| 14:14 | 1:18 3:6 | 2:7 | | | +| wasn't | 10th | | | | +| 8:15 | 16:8 | | 4 | | +| week | 101 | 400 | | | +| 13:19 | 2:19 | 2:7 | | | +| weeks | 11:08 | 401 | | | +| 12:15 13:20 | 1:19 3:6 | 2:13 | | | +| weighing | 11:25 | | | | + +IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, +FLORIDA + +CRIMINAL DIVISION + +STATE OF FLORIDA, + +Plaintiff, + +vs. JEFFREY EPSTEIN, + +Defendant. + +PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY J. +COLBATH + +JUNE 10, 2009 11:08 A.M. - 11:25 + +A.M. PALM BEACH COUNTY COURTHOUSE + +WEST PALM BEACH, FLORIDA + +Reported by Louanne Rawls Notary Public, State of +Florida West Palm Beach Office #100578 + +APPEARANCES: + +On behalf of the Defendant +JACK ALAN GOLDBERGER, ESQUIRE Atterbury, +Goldberger, et al. +250 Australian Ave. South, Suite 1400 West Palm +Beach, FL 33401 + +On behalf of the Defendant +ROBERT CRITTON, JR., ESQUIRE Burman, +Critton, et al. +515 N. Flagler Drive, Ste. 400 West +Palm Beach, FL 33401-4349 + +On behalf of Third Party [REDACTED] WILLIAM J. BERGER, +1 +ESQUIRE [REDACTED] J. [REDACTED], ESQUIRE +1 +Rothstein Rosenfeldt Adler +1 +401 E. Las Olas Blvd., Suite 1650 Fort +1 +Lauderdale, FL 33394 +14 +15 + +On behalf of Third Party, The Post DEANNA +17 +SHULLMAN, ESQUIRE [REDACTED], LoCiero & +18 +Bralow, PL 101 N.E. 3rd Avenue +19 +Suite 1500 +20 +Fort Lauderdale, FL 33301-1181 +21 +22 +23 + +2 +2 + +PROCEEDINGS + +BE IT REMEMBERED that the following proceedings were had and testimony adduced before the Honorable Jeffrey Colbath, at the Palm Beach County Courthouse, West Palm Beach, Florida beginning at the hour of 11:08 a.m. on June 10, 2009, with appearances as herein noted to-wit: + +THE COURT: State vs. Epstein. Let me have for the record, announce everybody's appearance. + +MR. BERGER: Your Honor, William J. Berger and [REDACTED] Edwards for non-party [REDACTED] + +MS. SHULLMAN: Your Honor, Deanna Shullman of [REDACTED], LoCiero & Bralow for non-party The Palm Beach Post. + +THE COURT: Let me slow down a little bit. On behalf of The Post is? + +MS. SHULLMAN: Deanna Shullman. THE COURT: S-H-U-L - + +MS. SHULLMAN: S-H-U-L-L-M-A-N. + +THE COURT: [REDACTED]. Shullman, good morning. Mr. Berger, good morning. And Mr. Berger, your client is [REDACTED] + +MR. BERGER: [REDACTED], yes. + +THE COURT: Anybody else here? + +MR. EDWARDS: Brad [REDACTED] on behalf of [REDACTED] as well, Judge. Thanks. + +U + +11 + +El + +El + +EI IRE COURT: nere'e what I think I know. and I tell you this you fill is the gaps of what you know that I don't know and suggest what you t . to do. It appears to me that there was same agreement -- an agreement that and then an addendum or amendment to the agreement that wee sealed as t n the Ccurt'S tiles under seal and it appears as though the punitive intervenergyant CO unseal those and take a peak at thew. I don't see where any of the proper p to seal the documents was ever followed to begin with. I don't know but it's not t at me when I reviewed the file. So. I'm thinking that it might be a rinse he burden might be on the moving party being the State and It. EpetOIO, the opportunity to 7W through the hur hoops to seal the documents if they to have thew sealed, then + +11 + +11 + +THE COURT: Lest fat is spelled? MR. W-A-R-o-S. THE COURT: Okay. + +MR. GOLDBERGER: For the otter side. Your Honor. Jack Goldberger along with Robert Critton on behalf of Jaffrey Epstein. + +THE COURT: It is the Pest's andlIIIIIIIMocion to intervene for the purpose of unsealing records? + +sat en me. sir. + +I'll grant that request. If they're not entitled to seal then I'll order it as documents unsealed. But that's kind of procedurally where I think the case is. I will allow Mr. Berger and █. Shullman to argue if they wish to, otherwise I will go over to Mr. Goldberger and Mr. Critton to perhaps talk about what they think about my suggestion. Mr. Berger? + +MR. BERGER: I -- I'd like to hear what they say. THE COURT: █. Shullman? + +MS. SHULLMAN: Agreed. + +THE COURT: Mr. Goldberger? MR. GOLDBERGER: Your +Honor - + +THE COURT: I mean, it looks like they just handed up an Agreed Order to sign. + +MR. GOLDBERGER: Well, if the Court -- I know the Court is trying to short circuit here and the idea in theory is not horrible, it's not terrible, it's actually not so bad. But let me alert the Court to a couple of issues. First of all, this is not something that came up ahead of time where we were moving to close a hearing or file documents under seal and the Rules of Judicial Administration makes an important distinction between things that are done in advance and things that come up during a hearing and the fact that maybe it goes to the Rule -- talk about situations that arise during the course + +NOTA A CERTIFIED COPY + +of a bearing, that the Rules would not apply to that. Secondly, Motion to Intervene is brought under a Rule that does not apply because ehe brought it under a Rule that applies to non-criminal cases. Having said that I know the Court's desire to get to the issues here and I just need to alert the Court to as other setter because I think its really inortaint. The Plaintiff's.\_ has this agreement already. They have this agreement. Counsel will tell you they have this agreement. There have been two hearings in Iran of Judge earn who has the federal eases here. They moved to unseal the nosprosecution agreement in front of Judge Marra. He entered an initial Order, • , very well reasoned order which I have a copy for the Court. + +TH8cOURT: M, thanks. + +B + +interest of the Plaintiffs to have access to the non.p MR. OOLDSCROXR: He entered • very. very well reasoned the interest with the the confidentiality that the parties intended to be part of thl nt. And what he did. he said they can have this serneent. They can reel all t want. If they went to review it with sceebody else, they need. to give of this Order that it is not to be disclosed to anyone else. Subsequent right now. Subsequent to that the that's the Rule that's in place + +il + +a + +E (S4 + +L C.....) + +Ac45(re + +I + +4"....\ O?Stt'llr + +El + +II + +El + +[I + +[I + +federal Courthouse? TM COURT: This is as a result of sore civil litigation Tending 4iik + +OBLDBEROMR: Yes. + +[I + +The Post's position is Procedure in plane MR. GOLDIN:RCM I Al\fr Ss -- I think I know where the Court is going cm this. It p right to acc -- access to this then there is a the Court has to conduct + +fwB COURT: As opposed to any criminal prosecution "ha®S + +MR. OOLDOSROZR: It is civil proceedings that are in the interest of comedy, Your savor. the Court agreement and has put a well reasoned p agreement unsealed Mere they need to go i invited them to do so. in federal Court. But on the confidentiality If the parties went that ral Court and Judge Marrs + +Plaintiffs went back and said we want to disseminate this Order. We want to disseminate this agreement to other partite and Judge Marra entered a second Order denying that request and said, no. My Order is in place but if you have some compelling reason why you want this agreement co be disseminated to others, file a notion and come back to + +MIR COURT: That may be It flakes to= but what about The Post? + +161 + +THE COURT: Well. let's do -- I'm thinking out loud. I'm not ruling. I will give you all a chance to argue further, but this is what I'm thinking I will do, grant the nation to Intervene. It gives standing t. It gives standing to The Poet to contest the fact that these were sealed. And then 1 will shift the burden back a% the Ste Defendant, Kr. Bpsteln. to petition the Court to seal these documents. Unt time that I rule on that I will leave them under seal because they might have ecel sled but the procedure wasn't followed. There's got to be notice. You've comply with the stiministrative order 2.303. You've got to comply with the Rule o Secretion 2.4201.1). I think even thigh that's a civil -- it addresses r this is, you know, in the nature of a civil procedure. So. I'll do that. you for these Orders. So, where do we go from here? I'm thinking out loud, Berger? ad . + +a hearing and do the balancing test where you lock at whether there is some cavilling gOverneent interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then have a hearing in Iron of the Court. + +0 + +0 + +I + +I + +ha. BERGER: Judge, with all due respect I sign\* with counsel's characters + +0 + +( S 41 . + +0 + +C 'S \*) + +those two Orders. I don't know U he handed up both to Tout + +Seal. + +TRB COURT: I do. + +Mt. URGER: They aismply do not say what he tells you they may. + +TSB Cams I'll read them S. ®NINA: All right. + +TER COURT: -- and I'll allow you to make that argument - + +Mt. SOW + +SU COURT: -- at the tine of the Renewed NotiOft to + +MR. BERGER: All right. Md. also, I don't think t -- I think the Court needs to deal with this immediately. expeditiousl . a matter that the Supreme Court has placed incredible scrutiny over. And the are traveling under we're not only traveling under a Rube of Judicial hat &petite to criminal and civil la ir, applying to an AdainlstracJVS this Court that see in place when the sealing wasdoneanti that super + +THE COURT: I - + +HR. BERGER: I'S j t bg." I respectfully request that the COurt not delay this one minute. + +the agreements. + +o5s + +a + +a + +I + +a + +a + +a + +a + +M. ate: Pardon me? + +CCORT. You've got the agreements anyway. You've got what'a under seal. + +M. INROMM: Judge. we cannot do anything with thee. THII COURT: Take that up with Judge Marra. + +mR. WNW: no. sir. That S. not what the Order says. May 1 Quote Judge Marra. '11 a specific tangible mead arises in a civil use the relief should be \*ought in that case.. In other words, the civil cases which are in front of Judge Hafele is ale f that JUdge Marra said go to it. Judge Marra did not say that this Court does not ha action to unseal its wan sealed records or to vacate its Own Order sealing. fustian is -- is false. + +THE COURT: I.11 take a look at It and I'll draw f think it says. I appreciate your zealous representation o as though you're yelling at me. t says -- what ant. PiO4\$0, it MOWS + +Alc i P.R. SIOWIR: Judge, this ha C serials 'utter and every day of delay delays Our discove + +It. SHOLIAMI: Your Honor? Teat COURT cShullman7 + +COURT; S. Shul + +M2. SHOWNO: y . f I may be heard on the + +cs)\* + +1 + +boor say that he's not clear that the procedures were applied. Aly review of the record doe. not reseal that the procedures were compiled with. My rimier is similar to Tour Sondes. It looks like sort of everybody approached the bench and Judge Pwaillo said let's take it under mud. If Mr. Rpmtein's counsel is not prepared to go forward today and meet hie Ourdso, then + +9 + +MI. MUMMOI: and they have to sake emotion. TES COURT: tell. what house is on notice pursuant to the Rule -- the Administrative Order. IWIsat of Jud10140. Administratice, to go through that process. What -- what prejudice is there? What house is burning dose if + +ii + +TI + +2 process and let's get this back on my docket as quickly as + +possible and give them until Friday to file their notice and ten days after that we have an evidentiary hearing. I go through the process then. What bad thing is going to happen by waiting these extra twelve to fifteen days? + +MS. SHULLMAN: The bad thing that's going to happen, Your Honor, is that the status quo in Florida is that the constitutional right of access is openness. + +THE COURT: Right. + +MS. SHULLMAN: You know, certainly if Your Honor is inclined to postpone this hearing I would ask that it be done expeditiously as you suggest. + +THE COURT: Yesh. + +MS. SHULLMAN: You know, Friday and then ten days thereafter, it just delays access for another two weeks and it infringes on our rights. + +THE COURT: I agree. Mr. Berger, I will let you answer that same question. + +MR. BERGER: I don't think - + +THE COURT: Anything specific rather than -MR. BERGER: Yes. + +THE COURT: You know, anything closed that the people are allowed to look at is a transgression and any transgression is bad, but anything unique beyond that? + +MR. BERGER: Your Honor -- Your Honor, I do not + +0 + +El + +0 + +that you outlined. believe that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the State, for that matter, a second bite at the apple. If the records are sealed improperly. which the Court has said ca its face that !Mawrs to have occurred. I do nos believe that this Court has jurisdiction to allow them a second bite at the apple to go through with the ?Vatic. requirements. They should have done that in front of Judge Pucillo a year ago and they did not do it. The Rule of Judicial Administration 2.420 simply does not Siva this Court the right to reactivate the procedure + +0 + +THB CRAM Okay. + +S. mat Thank you. + +THR COM: Anything further, It. Goldberger or Ht. Crit + +MR. GOLOORSCRIR: Just note, Your Honor. es far as want to do this expeditiously, oe mouse\*, this sealing steno. not tour monthe ago but eleven simian this last July. So. I this and we not last meek, not two ha ago. The Post reported + +here. understand the right for the pubic to ha i se ::r:::tg.to do this as quickly as possible but there is no firs + +THE COURT; Then 1.11 go en ran darter as + +[11 + +I] + +I've indicated, that is that I'll grant the Intervener's Motion to Intervene. You have standing. I will order that the State and/or the defense by noon Friday file a Notice of -- comply with the Administrative Order 2.303 and the Judicial Rule -- the Rule of Judicial Administration + +2.420, paragraph d, that outlines the procedures to seal files in these types of cases and then we'll get a hearing scheduled for argument on whether or not they will be sealed. Until that time they will remain sealed because Judge Pucillo signed off on the order and I'm not inclined + +to disturb that until I find more about the merits of the movant's position. + +MR. GOLDSBERGER: Thank you. + +THE COURT: Anybody want to reduce any of that mess to a written Order? + +MR. EDWARDS: I'd like to Your Honor. I'd like to know if you're going to give us a hearing date today. THE COURT: I'll deal with that. Yeah. Let █ give + +you some time. How much time do you think it's going to take? I don't think I'm going to have any surprises. How much time do you think we need? A half hour? + +MR. █: Not more. I'd say an hour at the longest. + +THE COURT: I'm not taking evidence or anything like that. In the meantime, do you agree it would be prudent + +0 + +0 + +0 + +0 + +I don't. ?NE COURT: Right. Whatever Is under seal. Whatever It is that's un0•r seal I.11 take a look at it so that I can at least have • feel for apparently what you all know and + +M. OOLDOMSGOR: The defense has no abjection. + +na COURT; Okay. 1.11 go ahead and read than two sealed you beck here. assuming that at. Goldberger and Mr. Critta. get Friday. ten days from this Friday is the 22nd. How stout we and I'll 00e wain pow and 25th at 1:30? + +M. GOLDMMINZR: One moment, Your tone. That' flat + +M. MERGER: Thank you. + +for we to take • 100k and oe• what the content of these things are so I can be articulate an what their know about? I didn't 00 that for today's hearing? + +M. GOLDBERGER: the carton - + +The non-proseoutlas agreement? + +A + +rim Crown All right. Gress. Thank yse . . Shea Fan, so0se. + +[I + +intOCEIDDEMICONCUAMID) + +( S 1 + +I AC;:3 17 e + +0 Co ) + +C E R T I F I C A T E + +I, LOUANNE RAWLS, certify that I was authorized to and did digitally report the foregoing proceedings and that the transcript is a true and complete record of my notes. + +Dated this 10th day of June, 2009. + +LOUANNE RAWLS, #100578 + +NOTA CERTIFIED COPY + +| A | alert | arises | 4:9 | 5:4,7,8 | character... | +|---------------------|--------------------|-------------------|--------------------|-------------------|---------------------| +| acc | 5:18 | 10:8 | 8:23,24 | 9:4 | 8:25 | +| 7:24 | allow | articulate | 9:7,10,13 | circuit | | +| access | 5:3 | 15:2 | 9:23 | 10:1,4 | 1:1,1 | +| 6:18 | allowed | assuming | 10:6,21 | civil | | +| 11:2 | 12:8 | 15:12 | 11:5 | 12:17 | 7:8,13 | +| 12:15 | amendment | Atterbury | 12:19,21,25 | 8:19,20 | | +| addendum | 4:15 | 2:3 | 13:14 | 15:18 | 9:19 | +| 4:14 | and/or | Australian | beyond | clear | | +| addresses | 14:3 | 2:3 | 12:24 | 11:7 | | +| 8:19 | announce | authorized | bit | client | | +| adduced | 3:9 | 16:4 | 3:15 | 3:21 | 10:17 | +| 3:4. | answer | Ave | bite | close | | +| Adler | 12:18 | 2:3 | 13:3,7 | 5:20 | | +| 2:12 | Anybody | Avenue | Blvd | closed | | +| Administr... | 3:23 | 2:19 | 2:13 | 12:22 | | +| 5:22 | anyway | AXX | Brad | Closure | | +| 9:18 | 10:2 | 1:4,4 | 3:24 | 8:4 | | +| 13:10 | apparently | a.m | 2:11 | Colbath | | +| Administr... | 15:8 | 1:19,19 | 3:6 | 1:17 | 3:4 | +| 8:17 | appearance | | Bralow | come | | +| 11:22 | 3:9 | B | 2:18 | 5:23 | 7:6 | +| advance | appearances | back | brought | comedy | | +| 5:23 | 2:1 | 7:16,18 | 6:2,3 | 7:14 | | +| ago | appears | 8:11,12:1 | burden | compelling | | +| 13:9,20,20 | 4:13,16 | 15:12 | 4:22 | 7:5 | 8:2 | +| 13:21 | 10:18 | bad | 11:13 | complete | | +| agree | apple | 5:18 | Burman | 16:6 | | +| 11:4 | 13:4,7 | 12:24 | 2:6 | completely | | +| 14:25 | applied | balancing | burning | 8:25 | | +| Agreed | 11:8 | 8:1 | 11:24 | complied | | +| | 11 | Beach | | 11 | | +| | | | | 9 | | +| | | | | : | | +| | app | | | | | +| | es | | | | | +| | 4 | 1:2 | | | | +| | 19 | 20 | C | | m | +| | 6 | 21 | | | 1 | +| | | 25 | | | | +| | | | | | P | +| | | | | | co | +| | | | | | Y | +| | | | | | C | +| | 4:13,14 | apply | 2:4,7 | 3:5,5 | 8:16,17 | +| | 15 | | | | 14:4 | +| | 15 | | | | | +| | 12 | | | | | +| | 6:8 | 3:13 | 3:1 | 16:1,1 | CONCLUDED | +| | 8 | | | | | +| | 9 | | | | | + +6:14,23 +correctly +8:15 +counsel +6:8 11:12 +counsel's +8:25 +County +.1:2,20 3:5 +couple +5:18 +course +5:25 13:19 +Court +15 +1:1 3:8 + +d +d +3:1 14:6 +date +14:17 +Dated +16:8 +day +10:22 16:8 +days +11:21 12:3,5 +12:14 15:14 +deal +9:14 14:18 + +1:3 +docket +12:1 +documents +4:15,19,25 +5:2,21 8:13 +15:12 +draw +10:15 +Drive +2:7 +due +8:24 + +evidence +14:24 +evidentiary +8:3 12:3 +expeditio... +9:15 11:25 +12:12 13:18 +extra +12:5 +E-D-W-A-R... +4:2 +2:9 3:11,22 +3:24 4:7 +6:2,7 7:20 + +find +14:11 +fine +15:16 +fire +11:19 13:24 +First +5:19 +FL +2:4,7,14,21 +Flagler +2:7 +Florida +1:2,6,21,24 +3:5 12:7 + +E + +8:9 + +followed + +2:17 3:12 +17 + +2:13 3:1 +1 + +4:19 8:15 + +Defendant + +3:21 16:1 +1 + +F + +following + +1:13 2:2 +5 + +F + +3:3 + +8:12 13:3 +defense +11:25 14:3 +15:4 +10 + +2:11 3:11,24 +3:24 4:2,2 +14:16,22 + +16:1 +face +13:5 + +foregoing +16:5 +Fort + +7:23,25 8:5 +delay +8:6,12 9:3 +9:6,8,11,14 +9:14,16,20 +9:22,24,25 +10:2,5,11 +10:15,20,24 +7:3 + +15:5 +eleven +13:20 +enter +13:25 +entered +6:12,16 7:3 + +fact +5:24 8:10 +false +10:14 +far +13:17 +Federal + +2:14,21 +forum +10:10 +forward +11:12 +four +13 +20 + +11:3,14,17 desire + +entitled + +6:10 7:9 : +14 Frida + +| 13:10 | 14:17 | hear | 5:22 | 6:7 | 10:10,11,21 | LoCiero | +|--------------|-------|--------------|--------------|--------------|-------------|--------------| +| 14:18 | | 5:8 | improperly | 11:11 | 13:9 | 2:18 3:13 | +| gives | | heard | 13:4 | | 14:10 15:20 | longest | +| 8:9,10 | | 10:25 11:6 | inclined | Judicial | | 14:23 | +| go | | hearing | 12:11 14:10 | 1:15 5:21 | | look | +| 5:5 7:18,18 | | 5:20,24 6:1 | incredible | 8:18 9:18 | 8:1 10:15 | | +| 8:22 10:11 | | 8:1,3,5 | 9:16 , | 11:22 13:10 | 12:23 15:1 | | +| 11:12,23,25 | | 11:5,14 | indicated | 14:5,5 | 15:7 | | +| 12:4 13:7 | | 12:3,11 | 14:1 | July | | looks | +| 13:25 15:11 | | 14:7,17 | infringes | 13:21 | 5:13 11:10 | | +| goes | | 15:3 | 12:16 | j~p | | Louanne | +| 5:24 | | hearings | initial | 4:24 | | 1:23 16:4,11 | +| going | | 6:10 | 6:12 | jumping | | loud | +| 7:12,14,23 | | HELD | intended | 4:20 | | 8:6,22 | +| 8:3 12:4,6 | | 1:16 | 6:19 | June | | | +| 14:17,19,20 | | Honor | interest | 1:18 3:6 | | N | +| Goldberger | | 3:10,12 4:4 | 6:17 7:14 | 16:8 | | Marra | +| 2:2,3 4:4,5 | | 5:12 7:15 | 8:2 | jurisdiction | | 6:10,12 7:3 | +| 5:5,11,12 | | 10:19,25 | Intervene | 10:12 13:1,6 | | 7:19 10:5,7 | +| 5:15 6:16 | | 11:7 12:7 | 4:8 6:2 8:9 | | | 10:10,11 | +| 7:10,13,22 | | 12:10,25,25 | 14:2 | K | | matter | +| 13:15,17 | | 13:17 14:16 | interveners | kind | | 6:6 8:19 | +| 14:13 15:4 | | 15:16 | 4:17 | 5:2 | | 9:15 10:22 | +| 15:10,13,16 | | Honorable | =ntervener's | know | | 13:3 | +| 15:20 | | 1:17 3:4 | 14:1 | 4:10,11,12 | | mean | +| good | | Honor's | invited | 4:20 5:15 | | 5:13 11:19 | +| 3:20,21 | | 11:10 | 7:19 | 6:5 7:22 | | meet | +| gotcha | | hoops | issue | 8:20 9:1 | | 11:13 | +| 11:17 | | 4:24 | 11:1,6 | 11:16 12:10 | | merits | +| government | | horrible | issues | 12:14,22 | | 14:11 | +| 8:2 | | 5:17 | 5:19 6:5 | 14:17 15:2 | | mess | +| grant | | hour | J | 15:8 | | 14:14 | +| 5:1 8:8 14:1 | | 3:6 14:21,22 | J | | | minute | +| great | | house | J | L | | 9:24 | +| 8:4 15:19 | | 11:19,24 | 1:17 2:10,11 | LAS | | moment | +| | | 13:24 | 3:10 | 2:13 | | 15:16 | +| | | hur | Jack | Lauderdale | | months | +| | H | 4:24 | 2:2 4:5 | 2:14,21 | | 13:20,21 | +| Hafele | | | Jeffrey | leave | | morning | +| 10:10 | | | 1:11,17 3:4 | 8:14 | | 3:20,21 | +| half | | | 4:6 | let's | | motion | +| 13:20 14:21 | | | JR | 8:6 11:11 | | 4:7 6:2 7:6 | +| handed | | 5:16 | 2:6 | 12:1 | | 8:9 9:11 | +| 5:13 9:1 | | immediate | Judge | litigation | | 11:18 14:2 | +| happen | | 11:5 | 3:25 6:10,12 | 7 : 9 | | movant's | +| 12:5,6 | | immediately | 7:3,18 8:24 | little | | 14:12 | +| happens | | 9:15 | 10:4,5,7,10 | 3:15 | | move | +| 10:21 | | important | | | | | + +• + +11:25 roved 6:11 roving 4:225:20 + +N N 2:7 3:1 name 4:1 nature 8:20 need 6:6,22 7:18 10:8 11:5 14:21 needs 9:14 non-criminal 6:4 non-party 3:11,13 non-prose... 6:11,18 15:5 noon 14:3 NOS 1:4 Notary 1:24 note 13:17 noted 3.7 notes 16:6 atonal 8:16 11:21 12:2 13:8 14:3 8.2 2:19 + +objection 8:4 15:10 occurred 13:5,19 Mee 125 6:15 okay 4:3 11:24 13:13 15:11 Olas 2:13 openness 12:8 opportunity 4:24 opposed 7:11 order 5:2,14 6:13 6:13,17,23 7:2,3,4 8:17 9:20 10:6,13 11:22 13:25 14:2,4,10 14:15 Orders 8:21 9:1 ought 4:12 outlined 13:12 outli 14: 1 1:2,20,21,25 2:4,7 3:5,5 3:13 paragraph 14:6 Pardon + +10:1 part 6:19 parties 6:19 7:3,17 party 2:9,26 4:23 peak 4:18 pending 7:9 people 12:23 pertains 7:20 petition 8:12 PL 2:18 place 6:25 7:4,17 7:25 9:20 placed 9:16 Plaintiff 1:8 Plaintiffs 6:11 7:1 riff's P1 10:17 eition 7:23 14:12 possible 12:2 13:23 Post 2:16 3:14,16 7:21 8:10 13:21 postpone 12:11 Post's 4:7 7:23 practical 11:14 prejudice + +11:23 12:1 13:23 14:6 1:23 16:4,11 16:5 ,5:6 15:11 reason 7:5 reasoned 6:13,17 7:16 record 3:9 11:8 16:6 records 4:8 10:12 11:15 13:2 13:4 reduce 14:14 relief 10:8 remain 14:9 RipeoPOSIC 3:3 Renewed 9:11 report 16:5 reported 1:23 13:21 represent... 10:17 represent... 11:1 request + +prepared quo 11:12 12:7 procedurally quote 5:3 10:7 procedure 7:16,25 8:15 8:20 13:11 procedures 3:1 16:1 4:19 11:7,9 Rawl', proceedings reactivate 1:16 3:3 13:11 7:13 15:21 d process fly 11:23 12: 6.7 proper 4:18 props tion APradent 14:25 pubic 13:22 public 1:24 7:24 public's 11:1 Pucillo 11:11 13:9 14:10 punitive 4:17 purpose 4:8 pursuant 11:21 put 7:16 question 12:18 quickly + +5:1 7:4 8:4 + 9:23 + require + 8:3 + requirements + 13:8 + respect 8:24 + respectfully + 9:23 + result 7:8 + reveal 11:8 + review 6:21,22 + 11:8 11:9 + reviewed + 4:21 + revisit + 13:1 right + 6:25 7:24 + 9:7,13 11:1 + 11:3,14 + 12:8,9 + 13:11,22 + 15:6,19 + rights + 12:16 + Robert 2:6 + 4:5 + Rosenfeldt + 2:12 + Rothstein + 2:12 + rule 5:25 + 6:3,4 6:24 + 8:13 8:18 + 9:17 9:18 + 11:21 13:10 + 14:5 14:5 + ruled + 7:15 + Rules + 5:21 6:1 + +11:22 + ruling + 8:7,22 + s + s 3:1 4:7 + 6:2 saying + 9:23 + says + 10:7,16,16 + scheduled + 14:8 + scrutiny + 9:16 seal + 4:16,19,24 + 5:1,21 8:13 + 8:14 9:12 + 10:3 11:11 + 14:6 15:6,7 + sealed + 4:14,15,25 + 8:11,15 + 10:12 13:4 + 14:9,9 + 15:12 + sealing + 9:21,21 + 10:13 13:2 + 13:19 + second 7:3 + 13:3,7 + Secondly 6:2 + see 4:18 + 15:1,12 + serious 10:22 + set 11:14 + shift 8:11 + short 5:16 + Shullman 2:17 + 3:12,12 + +3 17, 17, 19 3 2 + 0 5 : 4, 9 5 10 + 10 : 19 + 10:20,24,25 11 + 4, 18 + 12 6, 10, 14 + side + 4: 4 sign 5 : + 14 signed 14 + : 10 similar + 11 : 9 simply + 9 : 4 13 : 10 + Sir + 4 : 9 10: 6 + situations 5 + :25 + slow 3 :15 + solution + 11: 15 + somebody + 6 :22 soon + 11: 14 sort + 11: 10 + sought 10: + 8 South 2 : + 3 specific + 10 : 7 12 : 20 + spelled 4: 1 + standing 8:9, 10 + 14:2 State + 1: 6, 24 3:8 4 : + 2 3 8 : 12 + 11:24 13:3 + 14:3 + status + 12:7 + +Ste 2:7 + Subsequent + 6:24,25 + suggest 4:12 + 12:12 + suggestion + 5:6 + Suite + 2:3,13,20 + superseded + 9:21 + Supreme + 9:16 + surprises + 14:20 S-H- + U-L 3:18 + S-H-U-L-L- + 3:19 + +14:13 15:18 + 15:19,20 + thanks + 3:25 6:15 + theory + 5:17 + thing 12:4,6 + things 5:23,23 + 15:2 + think 4:10,12 + 5:3 5:6 6:7 + 7:22,22 8:18 + 9:13 9:14 + 10:16 11:6,20 + 12:19 14:19 + 14:20,21 + thinking + 4:21 8:6,8 + 8:22 Third + 2:9,16 + [REDACTED] + 2:18 3:13 + time + 5:20 8:13 9:11 + 14:9 + 14:19,19,21 + timing + 13:18 + today + 11:6,13 + 14:17 + today's + 15:3 to- + wit 3:7 + transcript + 16:6 + transgres... + 12:23,24 + traveling + 9:17,18 true + 16: + 6 + +T 16: 1, 1 + take 4:17 + 10:5,15 + 11: 11 14:20 + 15: 1, 7 + talk 5: 6, + 25 + tangible + 10:7 tell + 4 : 10 6: + 9 tells 9 : + 4 + ten 11:21 12 : 3 + 12 : 14 15: 14 + terrible 5: + 17 test + 8 : 1 + testimon + y 3 : 4 + thank 8:21 + 13: 14 + +NOT ALL TITLED CONTENT + +| trying | 6:17 | 1:19 | | +|---------------|------------|-------------|-------| +| 5 | | | | +| 5:16 | went | 1400 | 515 | +| twelve | 7.1 | 2:3 | 2:7 | +| 12:5 | west | 1500 | | +| two | 1:21, 25 | 2:4 | 2:20 | +| 6:10 9:1 | 2:7 3:5 | 1650 | | +| 12:15 13:19 | we'll | 2:13 | | +| 15:11 | 14:7 | | | +| types | we're | | 2 | +| 14:7 | 9:17, 19 | 11:6 | 2.303 | +| | William | 8:17 | 14:4 | +| | 2:10 3:10 | 2.420 | | +| U | wish | 13:10 | 14:6 | +| ultimately | 5:4 | 2.420(d) | | +| 7:25 | words | 8:18 | | +| understand | 10:9 | 2006-CF9454 | | +| 13:22 | written | 1:4 | | +| unique | 14:15 | 2008-CF9381 | | +| 12:24 | | 1:4 | | +| unseal | | 2009 | | +| 4:17 6:11 | Yeah | 1:18 | 3:6 | +| 10:12 11:15 | 12:13 | 16:8 | | +| unsealed | year | 22nd | | +| 5:2 7:17 | 13:9 | 15:14 | | +| unsealing | yelling | 25th | | +| 4:8 | 10:18 | 15:15 | | +| | | 250 | | +| V | | 2:3 | | +| vacate | | | | +| 10:13 | zealous | | | +| vs | 10:17 | | 3 | +| 1:9 3:8 | | | 3rd | +| | | 2:19 | | +| W | #100578 | 33301-1181 | | +| waiting | 1:25 16:11 | 2:21 | | +| 12:5 | | 33394 | | +| want | | 2:14 | | +| 4:17 6:21, 22 | 1:30 | 33401 | | +| 7:1, 2, 5, 17 | 15:15 | 2:4 | | +| 13:18, 23 | 10 | 33401-4349 | | +| 14:14 | 1:18 3:6 | 2:7 | | +| wasn't | 10th | | | +| 8:15 | 16:8 | | 4 | +| week | 101 | 400 | | +| 13:19 | 2:19 | 2:7 | | +| weeks | 11:08 | 401 | | +| 12:15 13:20 | 1:19 3:6 | 2:13 | | +| weighing | 11:25 | | | + +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] +[ ] + +NOT A CERTIFIED COPY + +## IN THE CIRCUIT OCURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA + +ADMINISTRATIVE ORDER NO. 2.303-9/08 + +## IN RE: SEALING OF COURT HEARINGS AND RECORDS + +The Florida constitution mandates that the public shall have access to court records, subject only to certain enumerated limitations which are restricted by operation of state law, federal law, or court rule. In re Amendments to Florida Rule of Judicial Admin, 2.420 - Scaling of Court Records 954 So.2d 16 (Fla. 2007). The Rules of the Supreme Court strongly disfavor court records that are hidden from public scrutiny. The Florida Supreme Court recently adopted Interim Rule 2.420 of the Florida Rules of Judicial Administration which addresses the procedures for sealing noncriminal court records. In order to ensure that both criminal and noncriminal court records are sealed properly it is + +NOW, THEREFORE, pursuant to the authority conferred by Florida Rule of Judicial Administration 2.215, it is ORDERED as follows: + +- 1. A request to make courtrecords or a court hearing confidential in any type of case must be made by written motion. Parties cannot submit an agreed-upon order. The Motion must be captioned "Motion to Make Court Records Confidential" or "Motion to Make Cowl Hearing Confidential". The Motion must identify with particularity the records or hearing to be made confidential and the grounds upon which it is based. The Motion must include a signed certification by the party making the request that the motion is being made in good faith and is supported by a sound factual and legal basis. +- 2. The records that are the subject of a Motion to Make Court Records Confidential will be treated as confidential pending resolution of the motion. The case number, docket number, or other identifying number of a case will remain public. Pseudonyms may be used as permitted by the court. Court records made confidential under this rule must be treated as confidential during any appellate proceeding in this Circuit. +- 3. A public hearing on any motion to seal a court record or court hearing will be held as soon as practicable but no less than ten (10) days prior to the notice being given to the public and the press and no later than 30 days after the filing of the motion. A party may seek to hold all or + +a portion of the hearing on a Motion to Make Court Records Confidential in camera if necessary to protect any of the interests listed in Interim Rule of Judicial Administration 2.420(c)(9)(A). The moving party will be responsible for ensuring that a complete record of any hearing be created either by use of a court reporter or by any recording device that is provided as a matter of right by the court. + +- 4. A sealing order issued by a court must state with specificity the grounds for sealing and the findings of the court that justify sealing. The order granting the sealing request must contain as much detail as possible including the parties' names or pseudonyms, whether the progress docket is to be confidential, the court records that are to be confidential and the names of persons who are permitted access. The order must contain specific findings that the degree, duration, and manner of confidentiality are no broader than necessary to protect the interests fisted in Interim Rule of Judicial Administration 2.420(cX9)(A). The order will not reveal the information that is to be made confidential. The order will direct whether the progress docket is to be sealed. +- 5. If an order sealing a court file is silent as to whether the progress docket is to be sealed, the clerk shall seal the court file but maintain a public docket with no alternation of the parties' names. In accordance with Interim Rule of Judicial Administration 2.420(c)(9) the Clerk shall NOT seal the case number, docket number, or any other identifying number of a case that is sealed by court order. [1 6. The Court will direct the Clerk to post the order sealing the court file on the Clerk's website as well as on the bulletin board located at the Main Courthouse within ten (10) days following the entry of the order and must remain posted in both locations for at least 30 days. + - 7. A nonparty may file a written motion to vacate a sealing order in accordance with Florida Rule of Judicial Administration 2.420 (2007); In re Amendments to Florida Rule ofJudicia( Admin. 2.420 - Sealing of Court Records, 954 So.2d 16 (Fla. 2007). + - 8. A public hearing most be held on any contested motion to vacate a sealing order. The court, in its discretion, may hold a hearing on an uncontested motion. While challenge hearings must be open to the public, a party may seek to hold a portion or all of the hearing in camera if necessary to protect the interests listed in Interim Rule of Judicial Administration VcX9)(A). The movant must ensure that a record of the hearing is made. The movant fn to vacate an order bears the burden of showing that the order is unsound. + - 9. If'the identity of a party is to remain confidential, all applicable pleadings will be filed with the following designation on the front of the pleading: "Confidential Party — Court Service Requested". The judicial assistant for the division in which the pleading is filed is responsible for providing such notice to the applicable parties. The judicial assistant is to provide such notice so as not to inadvertently reveal the identity of the confidential party. + +0 + +0 + +0 + +II + +I + +• + +- El 10. This administrative rule does NOT address the confidentiality of records admitted into evidence and it does NOT pertain to the statutory process for sealing or expunging criminal history records. Motions to Seal pleadings or court records filed in a criminal case must, however, comply with this Administrative Order. This administrative order also does NOT pertain to court records that are confidential pursuant to statute, rule or other legal authority. El 11. If a motion to seal is not made in good faith and is not supported by a sound legalif:yid factual basis, the court may impose sanctions upon the movant. [I 12. The Clerk of Court, or a deputy clerk, is hereby authorized to open any court file sealed by operation of law or court order for the purpose of filing documents pertinent to the particular Clerk, or deputy clerk, shall reseal the file immediately upon completion of the task, with the file, well as for microfilming or imaging files, and for preparing a record on appeal. The date and time of the unsealing clearly marked on the outside of the file along with the initials of the deputy clerk. + - 13. In all matters except adoption and surrogacy cases, the Clerk of Court will make the contents of a sealed file available to adult parties and their attorneys of record. The contents of adoption and surrogacy files shall not be made available to any person absent a court order. + +DONE AND SIGNED in West Palm Beach, Palm Beach County, Florida this day of September, 2008. + +C 'C) + +supersedes admin. order 2.032 10/06 + +D + +Kathleen J. 1 Chief Jud + +NOT A CERTIFIED COPY + +1.1 + +#### IN TIIE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA + +ADMINISTRATIVE ORDER NO. 2.032 - 10/064 + +a + +[ + +Cl + +- 1. Where prior notice to the public regarding the scaling of a record is not practicable. the Court will address such Motion, and if granted, provide notice of any decision to seal on the Clerk's electronic bulletin board. Unlc otherwise ordered with a reason given by the Court. notice should include enough disclosure to identify the ease, the movant, the respondent. and a brief, generic description of the matters scaled or sought to be sealed. +- I. When a Motion is received for the sealing of hearing or till or part of a sous record, the Court will direct • hearing be held on same. The Court will give notice of the hearing by posting same on the electronic bulletin board established by the Clerk of Court expressly for this purpose. Unless otherwise ordered with a reason given by the Court. notice should include enough disclosure to identify the case, the moven', the respondent, and a brief, generic description of the matters sealed or sought to he scaled. +- 2. The Court will not set a hearing less t Wi n) days prior to the notice being given to the public and the press. A. +- 4. Access to court proceedings and records may be restricted to protect the interests of litigants only after a showing that the following has been met: + +IN RE: SMEAR° COURT HEARINGS AND RECORDS + +WHEREAS all court proceedings ere public events and a strong presumption of public access attaches to all proceedings and their records; and + +WHEREAS records made or received pursuant to court rule, law, or ordinance, or in connect!on with the transaction of official business are subject to public disclosure; and + +WHEREAS privacy rights of litigants may in certain circumstances require that JJ records or documents in the record should be sealed. + +> NOW, THEREFORE, it is ORDERED that to balance the competing interestso litigants' privacy interests and the public's right to access to court records, the folio procedures are established for scaling court records: + +> > (i) the measure limiting or denying access, closure or sealing of records or both, is necessary to prevent a serious and imminent threat to the administration of justice; + +(ii) no less restrictive alternative measures are available which would mitigate the danger, and + +(in) the measure being considered will in fact achieve the courts protective purpose. + +5. The reasons supporting sealing the file must be stated with specificity in the order sealing the court record or hearing. The Case number should remain accessible on bonnce• regardless of whether the case has been sealed. + +DONF. and ORDERED, In at West Palm Beech. Florida this 13a day of October. 2006. + +> /Si Judge Kathleen 1. Kroll. Chief Judge + +• supersedes administrative order nu. 2.032 - 7/04 + +•• The Cowl recognises the present technology (as of October TO. 2008,1yed by the Clerk supports this, however it can not happen without a system modificiftn which shall he completed by December 31.2006. + +NOTA 4 CRTIFIED COPY + + + + + + + +• + +### C + +Florida Circuit Court, Seventh Judicial Circuit, Volusia County. + +JOHN DOE-I THROUGH JOHN DOE-4 and Parents of John Doe-I through John Doe-4, Plaintiffs, v. + +MUSEUM OF SCIENCE AND HISTORY OF JACKSONVILLE, INC., Defendant. Nos. 92-32567-CI-CI, Div. 32. + +June 8, 1994. + +William H. Ogle, Ormond Beach, FL. + +W. Douglas Childs, Jacksonville, FL. + +Jonathan D. Kaney Jr., Daytona Beach, FL. + +### OPINION AND ORDER ON MOTION TO. CLOSE TRIAL + +RICHARD B. ORFINGER, Circuit Judge. + +\*1 THIS MATTER is before the Court- on the plaintiffs' motion to exclude the public front thctrial of this case. Notice of hearing was given to/representatives of the media as required by law. News-Journal Corporation, publisher of The News-Journal, filed a response and appeared in opposition to the motion. Defendant took no position. + +According to the complaint, a man who worked at the local museum sexually abused the minor plaintiffs. He had fist come into contact with three of the minors as they served as volunteers under his supervision. More than four years ago, the abuser was prosecuted and sentenced to prison. Since then the plaintiffs have settled suits for damages resulting from this abuse against the Daytona Beach Museum of Arts and Sciences, the Volusia County School Board, and the Florida Department of Health and Rehabilitative Services. As a previous employer of the abuser, plaintiffs allege this de- + +fendant failed to disclose information about the abuser's record of sexual abuse when it received an inquiry related to his employment in this community. + +Although so many persons have become familiar with the case that defendant has listed eighty-one potential fact witnesses, no victim has yet been identified in the media. + +Relying on a privacy interest in the facts relating to the sexual abuse, plaintiffs argue that closure is necessary to prevent the substantial harm that likely would result from revelation of these facts and identification as the victims. I Thus the motion calls upon the court to decide whether a privacy interest in the facts relating to sexual abuse suffered by the minors provides a proper basis for closure of the trial of the minors' suit for damages arising out of this abuse. For the reasons that follow, the court concludes that this is not a proper basis for closure and denies the motion. + +> ENE Previously, plaintiffs moved for an order restraining anyone, including the media, from publishing information disclosed during the trial that would identify the minor victims. The court denied this motion. See: Nebraska Press Association v. Stuart. 427 U.S. 539 (1976) and The Florida Star v. B.J.F., 491 U.S. 524 (1989). + +Whenever other interests compete with the public interest in open judicial proceedings, "[o]ur analysis must begin with the proposition that all civil and criminal court proceedings are public events, records of court proceedings are public records, and there is a strong presumption in favor of public access to such matters." Sentinel Communications Co.' v. , 615 So.2d 768, 770 (Fla. 5th DCA 1993) (citing Barron v. Florida Freedom Newspapers, Inc., 531 So.2d 113 (Fla.1988)). This presumption rests on the most fundamental values of American government. + +II + +El + +[1 + +LI + +El + +11 + +a + +I + +El + +El + +(Cite as: 1994 WL 741009 (F1a.Cir.Ct.)) + +"Unite people have a right to know what is done in their courts.... [The greatest publicity to the acts of those holding positions of public trust, and the greatest freedom in the discussion of the proceedings of public tribunals that is consistent with truth and decency, are regarded as essential to the public welfare." Barron. 531 So.2d at 116.7 (citing in re Shortridge. 34 P. 227, 228.29 (Cal.1893) ). Openness in courts has a salutary effect on the propensity of witnesses to tell the truth and of judicial officers to perform their duties conscientiously. It informs persons affected by litigation of its effect upon them and fosters "respect for the law[.) intelligent acquaintance ... with the methods of government[, and) a strong confidence in judicial remedies ... which could never be inspired by a system of secrecy...." Id.. (citing 6 WIGMORE, EVIDENCE § 1834 (Chadboum rev.1976) ). These fundamental values come into play whenever the court is in session, and the presumption of openness applies in hard cases as well as easy cases. "The reason for openness is basic to our form of government." Id. + +\*2 This motion is opposed by various news organizations, but the presumption of openness is of larger importance than the immediate interest of the press in the case of the moment. To be sure, the press has a cognizable interest in maintaining open courts "because its ability to gather news is directly impaired or curtailed" by restrictions on access. Moreover, the press is assigned a fiduciary role in enforcing public rights of keen because the press "may be properly considered as a representative of the public [for) enforcement of public right of access." Nevertheless, the values of openness in courts transcend the interests of the press because "[I]reedom of the press is not, and has never been a private property right granted to those who own the news media. It is a cherished and almost sacred right of each citizen to be informed about current events on a timely basis so each can exercise his discretion in determining the destiny and security of himself, other people, and the Nation." State er rel. Miami Herald Pub. Co. v. McIntosh. 340 So.2d 904, 908 (Fla.1977). In serving the right of each cit- + +izen to be informed, judicial openness, of which the press is an instrument, sustains public confidence in the judiciary and thus serves the ultimate value of popular sovereignty. + +This higher purpose of openness is not always am parent in the public scrutiny of the daily business of the courts. Depending on the definition of newsworthiness, it may be possible to. dismiss as unworthy much that transpires in civil courts. Here, it is easy to ask what public interest is served by subjecting these minor victims to the, risk of public identification. However, Barron teaches that this is the wrong question because ft overlooks the higher • purpose of openness in the courts. + +In Barron, a case involving privacy concerns inherent in a divorce case, the court strongly reaffirmed the presumption that Florida civil courts are open. In dissent, Justice McDonald saw the question in case-specific terms. He would have closed the proceeding because "the rights of the public to information contained in a domestic relations lawsuit is minimal, if existent at all." 531 So.2d at 121. Implicitly, this approach would have required the proponent of openness to show a particular need to know facts of the specific case in order to gain access. The majority rejected this approach because it saw the conflicting interests in broader terms. "The panics seeking a dissolution of their marriage are not entitled to a private court proceeding just because they are required to utilize the judicial system." 531 So.2d at 119. + +A closure request implicates the integrity and credibility of the judicial system itself and not just the immediate concerns of the parties. The balance to be struck is not between the people's need to know the particular facts of the case versus the parties' need to keep these facts private but between the public interest in open courts versus the personal desire for a private forum. "Public trials are essential to the judicial system's credibility in a free society." Barron at 116. + +•3 Although the Florida Supreme Court holds that + +J + +3 + +a + +El + +a + +a + +I + +a + +El + +I + +"the public and the press have a fundamental right of access to all judicial proceedings," however, this right is not absolute. State ex rel. Miami Herald Pub. Co. v. McIntosh, 340 So.2d at 908.9. In Barron, the court took the occasion to establish the standards upon which the presumption of openness may be overcome when necessary "to protect competing interests." The court wrote a "definitive statement ... to assist judicial officers in this sensitive area." 531 So.2d at 117-8. + +Barron establishes a strong presumption of openness for all court proceedings and records, places the burden on the proponent of closure, and grants standing to the public and media to challenge closure orders. Before a court may enter any order of closure it must determine there are no reasonable alternatives to closure and must order the least restrictive closure necessary to accomplish the purpose of closure. 531 So.2d at 118-9. A closure order should be "drawn with particularity and narrowly applied." 531 So.2d at 117. + +Barron specifies an exclusive listing of those competing interests that may under appropriate circumstances be sufficiently weighty to justify closure. Closure may be ordered "only when necessary" to serve one of six competing interests: / + +- (a) to comply with established public policy set forth in the constitution, statutes, rules, or case law; +- (b) to protect trade +- (c) to protect a compelling governmental interest [e.g., national security; confidential informants]; +- (d) to obtain evidence to properly determine legal issues in a ease; +- (e) to avoid substantial injury to innocent third parties [e.g., to protect young witnesses from offensive testimony; to protect children in a divorce]; or +- (f) to avoid substantial injury to a party by disclos- + +ure of matters protected by a common law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed.... + +At the outset, the proponent of closure must identify one or more of such interests that is implicated in the proposed closure. Here it is not necessary to go beyond this first level of analysis because plaintiffs have not connected their motion to .a valid interest that would justify closure. + +This motion poses a direct confrontation between the individual interest in privacy and the public interest in open courts. Because \_there is inherent in the case sensitive, intimate, and embarrassing private facts, plaintiff§ seek to litigate their claim in a closed proceeding. They argue "[t]hat revelation of [the identities of the minor plaintiffs] has thc potential to inflict substantial harm upon them [as] a matter of common sense." + +There is no question there are strong reasons to keep private the facts surrounding the abuse practiced on the minors by the now-imprisoned abuser. The question this court must decide, however, is whether these are reasons to secure the courtroom. The question is not whether to afford privacy to the plaintiffs but whether to afford plaintiffs a closed forum in which to disclose these facts. + +\*4 Although there is no case directly on this point, the present question comes fully within the holding of Barron, which thoroughly considered the competition between the people's interest in public courts and the personal interest in private facts. In effect, Barron raised the question of the role to be assigned to privacy in a system of public courts, and the majority resolved the issue by granting a narrow role to privacy based on considerations relating to the legitimate expectations of privacy. + +In the Florida Supreme Court's well-developed privacy jurisprudence, the fundamental basis of the right of privacy is a legitimate expectation of privacy. Not every fact in every circumstance is private, and not every act of government violates U + +El + +II + +ci + +11 + +I + +ci + +El + +El + +TJ + +(Cite as: 1994 WL 741009 (Fla.C1r.Ct.)) + +the right to be let alone. The concept by which the court separates the appropriate from the inappropriate instance for invoking the privacy right is this expectation. Stall v. State, 570 So.2d 257, 261 (Fla.1990). In order to establish a right of privacy, the individual must establish that "a reasonable expectation of privacy ... exist(s)." Winfield v. Division of Pari-Mutuel Wagering, 477 So.2d 544, 547 (Fla.1985). + +A right of privacy cannot attach when there is no expectation of privacy. Under our historic tradition of public courts, what reasonable expectation of privacy could a litigant possibly entertain? Concurring in Barron, Justice Erhlich would have conceded the litigant no reasonable expectation of privacy. He pointed out, "we have ... recognized that Itjhe potential for invasion of privacy is inherent in the litigation process.' Rasmussen v. South Florida Blood Service. 500 So.2d 533, 535 (Fla.1987). While civil litigants may have a legitimate expectation of privacy in pretrial depositions and interrogatories which are not filed with the court (citations omitted), no such expectation exists in connection with civil proceedings and court files which historically have been open to the public. See Forsberg v. Housing Authority. 455 So.2d 373, 375 (Fla.1984) (Overton, I., concurring) (there is traditionally no expectation of privacy in court files)." 531 So.2d at 120. Justice Erhlich shows the conflict between privacy and publicness. If the privacy interest were allowed unbounded scope, it would overcome the public nature of trials. Thus a system of public trials must insist that litigants abandon qualms about disclosure of private facts when they place them in contest in the court. + +Without rejecting this view entirely, the majority nevertheless identified a limited scope of privacy within civil litigation. "We find that, under appropriate circumstances, the constitutional right of privacy established in Florida by the adoption of article I, section 23, could form a constitutional basis for closure under (e) or (f)." 531 So.2d at 118. The majority thus conceived of two instances in which a + +reasonable expectation of privacy might be found. + +•5 First, there is the privacy expectation of persons who are not parties to the case. Involuntary participants may have a reasonable claim of privacy. Thus under item (g), Barron recognizes that closure may be justified if the proponent carries the heavy burden of showing closure is necessary "to avoid substantial injury to innocent third parties [e.g., to protect young witnesses from offensive testimony; to protect children in a divorce)." 531 So.2d at 118. + +Second, there is the more limited privacy expectation of a party. Again. the doctrine of legitimate expectation is applicable. Although a litigant has no right to expect privacy in matters involved in the case litigated in a public court, there may be matters extrinsic to the case with respect to which a litigant has a reasonable privacy claim. Under Barron's item (1), a proponent may be entitled to closure if he or she carries the burden of showing that closure is necessary "to avoid substantial injury to a patty by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed." 531 So.2d at 118. + +Barron rules out closure based on privacy interests of parties in the subject matter of the case itself. In recognizing a peripheral role for the privacy claims of civil litigants, the majority held there can be no privacy interest in that which is inherent in the case. Because litigation in a public cowl system involves an inherent tendency to invade privacy, a litigant has no reasonable expectation of privacy in the subject matter of a case. This must be so if, as Barron soundly affirms, there is to be a system of open courts in Florida. + +Applying this standard in Barron, the court determined the medical history in question should not be sealed because it was inherent in the case. "Although generally protected by one's privacy right, medical reports and history are no longer protected when the medical condition becomes an integral part of the civil proceeding, particularly when the condition is asserted as an issue by the party seeking closure.... [M]edical information is an inherent part of these proceedings and cannot be utilized as a proper basis for closure." 531 So.2d at 119. + +The same is true in this case. Those private facts which form the basis of the motion for closure are the facts inherent in the plaintiffs' case. Nevertheless, plaintiffs argue their request implicates the competing interests Barron listed in item (a) dealing with public policy, item (e), dealing with privacy of third party, and item (0, dealing with privacy of a party. + +Plaintiffs first argue that closure of the trial is necessary under item (a) "to comply with established public policy set forth in the constitution, statutes, rules, or case law." 531 So.2d at 118. Plaintiffs rightly contend "[t]he State of Florida has long recognized, as a matter of public policy, the need to protect minors who come into contact with the justice system," and cite statutory provisions exempting records of sex crimes and child abuse fro public records disclosure and providing for cl of adoption and dependency proceedin Fla.Stat §§ 119.07(h); 63.162; 39.408(c), + +\*6 To be sure, it is public policy to protect minor victims of sex crimes from unnecessary public exposure. The cited exceptions to public records laws illustrate this as does the practice of anonymous pleading. + +However, state policy neither requires nor permits closure of public trials on the basis of the privacy interests of minor victims of sex crimes. The trial of the perpetrator of a sex crime against a minor must be conduMin public as a matter of Florida common law. Under Fla.Srat, § 918.16, the court has a certain ability to clear the courtroom during testimony of a person under the age of &but the press specifically may not be excluded. A recent statute protecting minor witnesses does not purport to authodze closure of the trial to protect minor witnesses.R44 When the state prosecutes the + +parent of a minor child for sexual abuses practiced on the child, the trial is not closed nor is there suppression of the identity of the parent from which, as plaintiffs argue here, the identity of the child is readily inferred.FN5 Indeed, from the reports of tort suits by minor victims of sexual crimes seeking damages from the perpetrator or those vicariously liable, it can be seen that the courts of this state conduct cases like the present as opeei blic trials in the name of the party. N6 + +> F742. Bundy v. :stalk So.2d 330 (Fla.1984), cert. ;denier; 476 U.S. 1109 (1986). Miami HerekrOublishing Co. v. M. 426 So.2d ..I (Fla.1982). See also Globe Newspaper Company v. Superior Court, 102 S.Ct. 2613 (1982) (Same under irst Amendment). + +> See Palm Beach Newspapers v. curse, 413 So.2d 467 (Ha. 4th DCA 982) (Error to summarily exclude press from arraignment of defendant charge with lewd and lascivious act on child under age 14); News-Press Pub. v. Shearer, 5 Med.L.Rptr. 1272 (Fla. 2d DCA 1979) (Error to exclude press from courtroom while juvenile witness in sex crime testifies and error to seal record from press). Compare Miami Herald Pub. Co. v. Morphonios. 467 So.2d 1026 (Fla.1985) (Error to gag press from publishing testimony of minor witness via prerecorded video) and Thornton v. State. 585 So.2d 1189 (Fla. 2d DCA 1991) (Statute cannot override defendant's Sixth Amendment right to public trial without case-by-case balancing test). See also Doe v. Doe. 567 So.2d 1002 (Ha. 4th DCA 1990) (Affirming denial of motion to close proceedings in which mother seeks authority for surgical sterilization of mentally handicapped daughter). + +R44. Fla.Stat. § 92.55 (Authorizing the court to permit or prohibit "the attendance El + +El + +El + +El + +g + +II + +El + +El + +I + +11 + +a . + +ri + +EI + +of any person at the proceeding") (emphasis supplied). + +FNS. See, e.g., v. State, 590 So.2d 404 (Fla.1991) (Father prosecuted for crime of video recording of minor daughter in violation of statute concerning depiction of sex acts); Sanders v. State, 568 So.2d 1014 (Fla. 3d DCA 1990) (Father prosecuted for lewd and lascivious acts against minor daughter). + +F/46. See, e.g., Zordan v. Page, 500 So.2d 608 (Fla. 2d DCA 1987) (Suit by minor and parents against carrier for damages incurred when insured fondled private pans of minor plaintiff); Hennagan v. Department of Highway Safety and Motor Vehicles. 467 So.2d 748 (Fla. 1st DCA 1985) (suit by minor and parents against FHP for damages when minor driver was allegedly sexually abused by patrolmen after being stopped on pretext of suspicion); Drake v. Island Community Church, Inc., 462 So.2d 1142 (Fla. 3d DCA 1985) (Suit by minor and parents for damages . from sexual abuse by teacher on minor pupil). Compare Freehauf v. School Board of Seminole County. 623 So.2d 761 (Fia. 5th DCA)cause dismissed. 629 So,2d 132 (Fla.1994) (Suit for abuse inflicted on son by stepmother; failure to report suspected abuse by school); Fischer v. Metcalf 543 So.2d 785 (Fla. 3d DCA 1989) (Suit by minors against psychologist for damages from abusive father when suspicion of abuse was not reported). + +The court concludes that it is not necessary to close this trial in order to comply with any public policy of the State of Florida. + +The plaintiffs next argue that closure is necessary to serve the interest of innocent third parties whose privacy warrants closure under item (e) of Barron. The plaintiffs assert that each minor in this consolidated cause is a third party as to the other three actions and thus the trial should be closed to protect them as third parties in the consolidated cases. Having voluntarily joined to bring the action, they cannot claim to be third parties to the action nor assert a legitimate expectation of privacy in the disclosures that necessarily follow from their tecision to act in concert. + +Plaintiffs also assert the privacy interest of other minors who were victims of this same abuse but who have not joined in this suit. There is no evidence that trial of this case would implicate these third parties. In any event, plaintiffs lack standing to assert the interest of these third parties, and the Court will not decide any issue affecting their rights unless a party with standing raises the issue. + +Finally, plaintiffs attempt to bring their motion under item (1) ;elating to the privacy interest of a party. To be entitled to an order of closure under this item, however, plaintiffs must show that closure is necessary "to avoid substantial injury to a party by disclosure of matters protected by a common law or privacy right not generally inherent in the specific type of civil proceeding sought to be closed." 531 So.2d at 119.(emphasis added). Plaintiffs argue their identities am not inherent facts in the case and thus the trial should be closed to prevent revelation of the identity. However, plaintiffs also contend it will be impossible to try the case without revelation of their names. Their argument refutes itself. The identity of a party is inherent in the case, and that concern alone could not justify total closure. This argument is a proxy for the ineffective argument that the sensitive nature of inherent private facts should justify a private forum. Facts regarding abuse form the core of their case, and thus it "is an inherent part of these proceedings and cannot be utilized as a proper basis for closure." 531 So.2d at 119. The decision to litigate this issue is tantamount to a decision to place the information before the public. + +•7 As sympathetic as their claim is, it fails to state a cognizable reason for closure under the law. The [11 + +11 request to close a civil trial because of a party's disclosure' concerns with facts inherent in the cause cannot be reconciled with Barron. Facts generally protected by a party's privacy right are no longer protected from disclosure when they become an integral part of a civil proceeding. Indeed, plaintiffs' argument for a private forum could be asserted as the basis for a wide array of exceptions that would swallow up the presumption of openness. "The ... argument based on this interest therefore proves too H much. ( support an array of mandatory closure rules ... ci That same interest could be relied upon to I proves too much, and runs contrary to the very foundation of the right of access...." Globe Newspaper Compony v. Superior Court, 102 S.O. 2613, 2622 (1982). + +li + +a + +[I + +'C: + +I + +Accordingly, having considered the briefs and arguments of counsel for the reasons set forth in this opinion, it is ORDERED that the Motion to Close Trial be denied. + +[I + +a + +DONE AND ORDERED. + +Fla.Cir.Ct.,1994. + +John Doe-1 Through John Doe-4 v. Museu ence and History of Jacksonville, Inc. + +i + +Not Reported in So.2d, 1994 (Fla.Cir.Ct.), 22 Media L. Rep. 2497- + +a END OF DOCUMENT + +Ti + +NOT A CERTIFIED COPY + +a + +a + +El + +ci + +El + +### UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA + +CASE NO. 08-80736-C1V-MARRA + +IN RE: JANE DOE, + +Petitioner. + + + +## GOVERNMENT'S RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT OF CRIME VICTIM RIGHTS ACT. 18 U.S.C. § 3771 + +The United States of America, by and through its undersigned counsel, files its Response to Victim's Emergency Petition for Enforcement of Victim Rights Act, 18 U.S.C. § 3771, and states: + +## I. THERE IS NO "COURT PROCEEDING" UNDER 18 U.S.C. § 3771(b) + +Petitioner complains that she has been denied her rights under the Crime Victims Rights Act, 18 U.S.C. § 3771. In the emergency petition filed by the victim, she alleges the Government has denied her rights since she has received no consultation with the attorney for the government regarding possible disposition of the charges ( U.S.C. § 3771(0(5)); no notice of any public court proceedings (18 U.S.C. § 377I(aX2)); no information regarding her right to restitution (18 U.S.C. § 3771(aX6)); and no notice of rights under the Crime Victim Rights Act (CVRA). Emergency Petition, 1 5. + +The instant case is unique in several respects. First, in 2006, Jeffrey Epstein was charged with felony solicitation of prostitution in the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County, Florida. This charge was based upon the offenses alleged in paragraph 1 of the petition. Second, while Epstein has been under federal investigation, he has not been charged in + +the Southern District of Florida. + +Title 18, U.S.C., Section 3771(bX1) provides in pertinent part that. "[lin any court proceeding involving an offense against a crime victim, the court shall ensure that the crime victim is afforded the rights described in subsection (a)." There is no "court proceeding" in the instant case since Epstein has not been charged with violation of any federal statute. No federal grand jury indictment has been returned, nor has any criminal information been filed. There can thus be no failure of a right to notice of a public court proceeding or the right to restitution. + +In her memorandum, petitioner relies upon In Re MI, 527 F.3d 391 (5th Cir. 2008), where the Fifth Circuit held that the CVRA required the government to "confer in some reasonable way with the victims before ultimately exercising its broad discretion." Id. at 395. In M, the government sought and obtained an gg, gigs order permitting it to negotiate a plea agreement with BP Products North America, without first consulting with the victims, individuals injured and survivors of those killed in a refinery explosion. A plea agreement was ultimately negotiated and the victims objected. The appellate court found that the CVRA granted a right to confer. However, the court declined to grant mandamus relief for prudential reasons, finding that the district court had the benefit of the views of the victims who chose to participate at the hearing held on whether the plea agreement should be accepted. It at 396. + +Dean is legally distinguishable in several respects. For one thing, the court's discussion of the scope of the right to confer was unnecessary because the court ultimately declined to issue mandamus relief. 527 F.3d at 395. Also, in offering its view that this right applies precharge, it is noteworthy that the court, in purporting to quote the statute, omitted the last three words of section 3771(aX5X"in the case"), words that arguably point in the opposite direction by + +suggesting that the right applies post-charge. Further, the court went to great lengths to emphasize that its holding was limited to the particular circumstances presented in that case (i.e., the simultaneous filing of a plea agreement and formal charges), which of course, is not the case here. No federal charges have been filed in the instant case, and this case, unlike MI, involves an agreement to defer federal prosecution in favor of prosecution by the State of Florida and not a guilty plea. IL at 394. Finally, the court expressly declined to "speculate on the [right to confer's] applicability to other situations." IS Nothing in § 3771(a)(5) supports the petitioner's claim that she had a right to be consulted before the Government could enter into a nonprosecution agreement which defers federal prosecution in exchange for state court resolution of criminal liability, and a significant concession on an element of a claim for compensation under 18 U.S.C. § 2255. + +### II. THE GOVERNMENT HAS USED ITS BEST EFFORTS TO COMPLY WITH 18 U.S.C. 3771(a1 + +The Epstein case was investigated initially by the Palm Beach Police Department in 2006. Exhibit A, Declaration of Assistant United States Attorney A. Villafaila, 1 2. Subsequently, the Palm Beach Police Department sought the assistance of the Federal Bureau of Investigation (FBI). a Throughout the investigation, when a victim was identified, victim notification letters were provided to the victim by both the FBI Victim-Witness Specialist and AUSA Villafana. 14., 13. Petitioner's counsel, Brad M, Esq., currently represent= and.. The U.S. Attorney's Office victim notification letter toM was provided by the FBI. and the letter to was hand-delivered by AUSA Villafarla to her when she was interviewed in April 2007. FBI victim notification letters were mailed t. an. on + +El + +El + +a + +a + +a + +I + +January 10, 2008, and toMon May 30, 2008. Villafafia Decl., 1 3. + +Throughout the investigation, AUSA Villafafia and the FBI's Victim-Witness Specialist had contact with Villafana Decl., 1 4. Earlier in the investigation was represented by James Eisenberg, Esq. Consequently, all contact with was made through Mr. Eisenberg. + +In mid-2007, Epstein's attorneys approached the U.S. Attorney's Office in an effort to resolve the federal investigation. kj., 1 5. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of this matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008. is the following: + +> "Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less." + +The Attorney General Guidelines for Victim and Witness Assistance (May 2005). Article + +IV, Services to Victims and Witnesses, provides the following guidance for proposed pica agreements: + +- (3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims' views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors: +- (a) The impact on public safety and risks to personal safety. +- (b) The number of victims. +- (c) Whether time is of the essence in negotiating or entering a proposed plea. +- (d) Whether the proposed plea involves confidential information or conditions. +- (e) Whether there is another need for confidentiality. +- (f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant's right to a fair trial. + +Throughout negotiations, Epstein's attorneys claimed that one reason victims came forward and pressed their claims was their desire for money. They argued that victims might have an inducement to fabricate or enhance their testimony, in order to maximize their opportunities to obtain financial recompense. Villafafia Decl.,1 8. The Government was extremely concerned that disclosure of the proposed terms would compromise the investigation by providing Epstein the means of impeaching the victim witnesses, should the parties fail to reach an agreement. In light of the fact (i) that the United States agreed to defer prosecution to a previously filed state criminal case; (ii) that as a result sentencing would take place in state court before a state judge; (iii) that if the state resolution failed to meet minimum standards such that a federal prosecution was warranted, the victims would be witnesses and thus potential + +a + +a + +I + +ci + +J + +impeachment issues were of concern; and (iv) the United States was already making efforts to secure for victims the right to proceed federally under 18 U.S.C. § 2255 even if prosecution took place in state court, the Government determined that its actions in proceeding with this agreement best balanced the dual position of the Jane Does as both victims and potential witnesses in a criminal proceeding. + +On Friday, June 27, 2008, at approximately 4:15 p.m., AUSA Villaftula received a copy of the proposed state plea agreement, and learned that Epstein's state plea hearing was scheduled for Monday, June 30, 2008, at 8:30 a.m. Villafarla Decl., ¶ 10. AUSA Villafafia and the Palm Beach Police Department attempted to provide notification to victims in the short time that they had. a Although all known victims were not notified, AUSA Villafaila did call attorney to provide notice to his clients regarding the hearing. AUSA Villafafia did this, even though she had no obligation to provide notice of a state court hearing. Mr. advised that he could not attend but that someone would be present at the hearing. a + +The Government has complied with 18 U.S.C. § 3771(cX1) by using its best efforts to "see that crime victims are notified of, and accorded, the rights described in subsection (a)." Specifically, petitioner was afforded the reasonable right to confer with the attorney for the Government under 18 U.S,C. § 3771(aX5). Disclosure of the specific terms of the negotiation were not disclosed prior to a final agreement being reached because the Government believed doing so would jeopardize and prejudice the prosecution in the event an agreement could not be made. Further, although 18 U.S.C. §3771(aX2) does not apply to state court proceedings, the government nonetheless notified petitioner's counsel on June 27, 2008, of the plea hearing in state court on June 30, 2008. + +a + +a + +a + +I + +TI + +Section 3771(d)(6) provides, in relevant part, that "Nothing in this chapter shall be construed to impair the prosecutorial discretion of the Attorney General or any officer under his direction." The Government exercised its judgment and discretion in determining that there was a need for confidentiality in the negotiations with Epstein. The significant benefit of obtaining Epstein's concession that victims suing him under 18 U.S.C. § 2255(a) were "victims" of the enumerated offenses, despite the fact he has not been convicted in federal court, was of sufficient importance to justify confidentiality of the negotiations. + +## III. THE GOVERNMENT'S DISCUSSIONS WITH AND. + +Attorney Brad has advised the Government that he represents= and ■ **Victim letters were provided to all three individuals. The letters to and were forwarded on January 10, 2008. Villafaa Dect, 1 3. On May 28, 2008, status as a victim was confirmed when she was interviewed by federal agents. ij The FBI Victim Witness specialist sent her a letter on May 30, 2008. lii** + +**When the agreement was signed in September 2007,=was openly hostile to a prosecution of Epstein, an' had refused to speak with federal investigators. Id., 1 7. While individual victims were not consulted regarding the agreement, none of Mr. clients had expressed a desire to be consulted prior to the resolution of the federal investigation. W,** + +**In October 2007 was not represented by counsel. 14."1 8. She was given telephonic notice of the agreement, as were three other victims. W, These four individuals were also given notice of an expected change of plea, in state court, in October 2007,** + +**In mid-June 2008, Mr. contacted AUSA Villafaha to advise that he represented and and requested a meeting. ILI 9. AUSA Villafarla asked Mr. to send** + +to her any information that he wished her to consider. Nothing was provided. Id. AUSA Villafaña also told Mr. [REDACTED] he could contact the State Attorney's Office, if he wished. To her knowledge, Mr. [REDACTED] did not make the contact. + +The Government has acted reasonably in keeping [REDACTED], and [REDACTED] informed. Petitioner's rights under the CVRA have not been violated. Therefore, her emergency petition should be denied. + +Respectfully submitted, + +R. ALEXANDER ACOSTA +UNITED STATES ATTORNEY + +By: + +![]()DEXTER A. LEE +Assistant U.S. Attorney +Fla. Bar No. 0936693 +99 N.E. 4th Street +Miami, Florida 33132 +(305) 961-9320 +Fax: (305) 530-7139 +E-mail: [dexter.lee@usdoj.gov](mailto:dexter.lee@usdoj.gov) +Attorney for Respondent + +CERTIFICATE OF SERVICE + +I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via facsimile transmission and U.S. Mail, this 7/8/ day of July, 2008, to: Brad [REDACTED], Esq., The Law Offices of Brad [REDACTED] & Associates, LLC, (954) 924-1530, 2028 [REDACTED] Street, Suite 202, Hollywood, Florida 33020. + +![]()DEXTER A. LEE +Assistant U.S. Attorney + +NOT A CERTIFIED COPY + +**UNITED STATES DISTRICT COURT +SOUTHERN DISTRICT OF FLORIDA** + +Case No. 08-80736-Civ-Marra/[REDACTED] + +IN RE: JANE DOE, + +Petitioner. +\_\_\_\_\_/ + + + +**DECLARATION OF A. [REDACTED] VILLAFAÑA +IN SUPPORT OF UNITED STATES' RESPONSE +TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT +OF CRIME VICTIM RIGHTS ACT, 18 U.S.C. § 3771** + +1. I, A. [REDACTED] Villafaña, do hereby declare that I am a member in good standing of the Bar of the State of Florida. I graduated from the University of California at Berkeley School of Law (Boalt [REDACTED]) in 1993. After serving as a judicial clerk to the Hon. David F. Levi in Sacramento, California, I was admitted to practice in California in 1995. I also am admitted to practice in all courts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My bar admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein. + +*S/AB* + +2 I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses. + +3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to a' three clients, and Your Affiant's letter t. was provided by the FBI. (Ex. I ). Your Affiant's letter to was hand-delivered by myself tca at the time that she was interviewed (Ex. 2).2 BottM and ■ **also received letters from the FBI's Victim-Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4).** ■ **was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. status as a victim of a federal offense was confirmed when she was interviewed by** + +**Attorney' filed his Motion on behalf of "Jane Doe," without identi in which of his clients is the purported victim. Accordingly, I will address facts related to and• All three of those clients were victims of Jeffrey Epstein's while they were minors beginning when they were fifteen years old.** + +**'Please note that the dates on the U.S. Attorney's Office letters to= ant= are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted.** + +federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to on May 30, 2008 (Ex. 5). + +4. Throughout the investigation, the FBI agents. the FBI's Victim-Witness Specialist, and your A ffiant had contact with and Attorney other client, was represented by counsel and, accordingly, all contact with was made through that attorney. That attorney was James Eisenberg, and his fees were paid b cfrey Epstein, the target of the investigation.' + +5. In the summer of 2007, Mr. Epstein and the U.S. ey's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation of prostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9, 2008. is the following: + +"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein + +'The undersigned does not know when Mr. began representing= or whether n eer formally terminated Mr. Eisenberg's representation.
express confidentiality provision. 6. An agreement was reached in September 2007. The AgreenNontained an O
had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
7. Although individual victims were not consulted ng the agreement, several had expressed concerns regarding the exposure of their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007= was openly hostile to the prosecution of Epstein. The FBI attempted to interview ■ in October 2007, hich time she refused to provide any information regarding Jeffrey Epstein. No ey = clients had expressed a desire to be consulted prior to the resolution of the federal investigation.
8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after the agreement was signed, four victims were contacted and these provisions were discussed. One of those victims was who at the time was not represented, and she was given notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been
notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your Affiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement.
9. After had been notified of the terms of the agreement, but before Epstein performed his obligations, contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your Affiant secured pro bono counsel to represent= and several other identified victims. Pro bono counsel was able to assist in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that was dissatisfied with the resolution of the matter.
10. In mid-June 2008, Attorney= contacted your Affiant to inform me that he represented and and asked to meet to provide me with information regarding Epstein. I invited Attorney = to send to me any information that he wanted me to consider. Nothing was provided. I also advised Attorney that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney had alluded to so I advised him that, to my knowledge= was still represented by Attorney James Eisenberg.
11. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Affiant and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel had gis en us. Although all known victims were not notified, your Affiant specifically called attorney to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney notified me that he represented and I assumed that he would pass on the notice to her, as well. Attorney informed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney Edwards' clients was present.
12. On today's date, your Affiant provided the attached victim notifications to andMia their attorney, (Exs. 6 & 7). A notification was not provided to because the U.S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light of\_ prior statements to law enforcement, your Affiant could not in good faith includeM as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's &oun 1.
Furthermore, with respect to the Certification of Emergency, Attorney did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Affiant had
already received the Certification of Emergency and Emergency Petition, l received a letter from Attorney that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition.
14. I declare under penalty of perjury, pursuant to 28 U.S 46 that the foregoing is true and correct to the best of my knowledge and belief,
s)
/ 4nN
Executed this day of July, 2008.
A. ane Vilr afarla e sq.
126JaFailThALID
Miss
U.S. Department of Justice
United States Attorney Southern District of Florida
500 South Australian Ave Sum• 400 Well Palm Beach, FL 33401 (561)8204711 Facsimile (160 820.8777
June 7, 2007
Re: Crime Victims' and Witnesses' Righj
Dear Miss
Pursuant to the Justice for All Act of 2004. as a victim anclIO gneiss of a federal offense, you have a number of rights. Those rights are:
- (I) The right to be reasonably protected from, the accused.
- (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.
- (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding.
- (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.
- (5) The reasonable right to confer with the attorney for the United States in the case.
- (6) The right to full and timely restitution as provided in law.
- (7) The right to proceedings free from unreasonable delay.
- (8) The right to be treated with fairness and with respect for the victim's dignity and privacy. f
-• Members of tmc U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights arc protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202.307.5983. That Office has a website at www.ovc.gov.
You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief.
LI
a
JUJNE , \_ P+GE 2
In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, if you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent Kuyrkendall or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violattaabe lave- However, if you are contacted. you have the choice of speaking to that person or refusing to'do So: If you refuse and feel that you are being threatened or har then please contact Special Agent Kuyrkendall or myself.
You also are entitled to noli ficat ion of upcoming case events. At this investigation, If anyone is charged in connection with the invcstigati A ur case is under uf7iil be notified.
Sincerely,"
R. Alexander Acosta United States Attomcy
Special Agent Nesbitt Kuyr
46 S. tar
ff
Villafaha
Assistant United Slates Attorney
a
LI
U.S. Department of Justice
United States Attorney Southern District of Florida
500 South Australian Ave.. Suite 400 West Palm (leach. Ft 33401 060820-87/1 Facsimile (561) 8208777
August t I, 2006
DELIVERY @Y HANQ
Re: Crime Victims' and Witnesses' Rights
Dear Miss
Pursuant to the Justice for All Act of 2004, as a victim aixl/ur witness of a federal offense, you have a number of rights. Those rights are:
- ( I) The right to be reasonably protected from the accused.
- (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.
- (3) The right not to be excluded from any public court proceeding, unless the court determnes that your testimony maybe materially altered i f you are present for other portions of a proceeding.
- (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.
- (5) The reasonable right to confer with the attorney for the United States in the case.
- (6) The right to full and timely restitution as provided in law.
- (7) The right to proceedings free from unreasonable delay.
- (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
Members of the U.S. Departirient of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209- l 047, or Special Agent Nesbitt Kuyrkendall from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Deparftnent's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.
You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief
MISS-Atx,UST11,2006 PAU 2
In addition to these rights, you are entitled to counseling and medical services, and i. from intimidation and harassment. If the Court determines that you are a victim, you entitled to restitution from the perpetrator. A list of counseling and medical service pm. • be provided to you, if you so desire. If you or your family is subjected to any intl., harassment, please contact Special Agent Kuyrkendall or myself immediately. It is p. someone working on behalf of the targets of the investigation may contact you. Such not violate the law. However, if you are contacted, you have the choice of speaking so :it or refusing to do so. If you refuse and feel that you are being threatened or harassed, 'lit contact Special Agent Kuyrkendall or myself.
You also are entitled to notification of upcom ing case events. At this time, youi 4.1 investigation. If anyone is charged in connection with the investigation, you will he no'
cc: Special Agent Nesbitt Ku coda
+6 S tsar
Sincerely.
R. Alexander Acosta United States Attorney
Villafatia Assistant United States Attorney
; (
U.S. Department of Justice
Federal Bureau of Investigation
FBI - West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Beach, FL 33401
Phone: (561) 833-7517
Fax: (561) 833-7970
January 10, 2008
Re: Case Number: [REDACTED]
Deal [REDACTED]
This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) [REDACTED] and Personal Identification Number (PIN) [REDACTED] anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is [REDACTED]
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
NOTA CERTIFIED COPY
January 10.2008
James Eisenberg One Clem-take Center Ste 704 Australian South West Palm Beath, FL 33401
Re.
Dear James Eisenberg:
You have requested to receive notiftations for
U.S. Department of Justice Federal Bureau of Investigation FBI West Palm Beach Suite 500 505 South Pinter Dnve west Palm Beach, FL 33401 Phone (581) 833-7517 Fax- (561) 833-7970
C
This case is currently under Investigation. This can be a lengthy process we request your continued patience while we conduct a thorough wiwistigaucn.
Asa crime victim, you have the following rights under 18 LINted Steles Code § 3771: (1) The right to be reasons\* protected from the aCCuesch (2) The tight CO reasonable, rants. and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or swaths of the accused; (3) The nght not to De eaduded from any much public court proceeding. unless the court. after receiving clear and convInang evIdence. delertnInee that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (a) The right to be reasonably bond at any public proceeding In the district court Involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to caller with the attorney for the Government in the case; (8) The right to full and timely restitution as provided In law; (7) The right to proceedings free horn unreasonable delay. (8) The right to be treated with fairness and wth respect for the victim's dignity and dnvity.
We will make our beat efforts to ensure you are accorded the rights described. Most of these nett pertain b events oo:uning after the arrest of Indictment of an individual for the crime, and It will become the responsibetty of the prossuatng Grated States Attorneys Office to ensure you are accorded those rights. You may also seek the advice of a private Money with respect to these rights.
The Victim NotlIcatbn System (VNS) is designed to provide you with direct irdormatlon regarding the case as it proceeds through the criminal justice system. You may obtain current Inforrnetion about this mailer on the Internet at WWW.Notify.t./SDOJ.GOV or from the VNS Call Center at 1-866-00.1-4Y0U (I.865.365- 4966) (TDDMY:14603-228-4619) (International: 1-502.213-2767). In addtan, you may use the Cal Center or Internet to update your contact Information and/or change your decision about participanon in the notrfisabon program. I' you update your Information to Include a current entail address. VNS will send information to that address. You will need the I otovAng Victim Identification Numbs (VIN) and Personal idendficat/On Number (PIN) anytime you contact the Call Center end the first time you log on to VNS on the Internet. In addition, the first dme you access the VNS Internet she, you will be prom ed to enter your .ass name (or business name) as currently contained in VNS. The name you should enter 4
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
NOTA CERTIFIED COPY
U.S. Department of Justice
Federal Bureau of Investigation
FBI - West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Beach, FL 33401
Phone: (561) 833-7517
Fax: (561) 833-7970
May 30, 2008
[Redacted block]
Re: [Redacted block]
Dear [Redacted block]
Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights include notification of the status of the case. The enclosed brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case.
This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TDD/TTY: 1-866-228-4619) (International: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) [Redacted] and Personal Identification Number (PIN) [Redacted] anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is [Redacted]
[Redacted block]
[Redacted block]
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
El
El
El
LI
El
I
ci
ci
L.S. Department of Justice
United Slates Attorney Southern District of Florida
VIA FACSIMI
Brad Esq. The Law Offices of Brad 2028 Street, Suite 202 Hollywood, Florida 33020. & Associates, LLC
Dear Mr.
500 South Australian Are.. Suite 100 West Palm Beach. FL 33401 (561) 820-8711 Facsimile. (561)820-8777
July 9, 2008
Cul%
Re: Jeffrey ERAS NOTIFICATION OF IDENTIFIED VICTIM
By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client,
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court.
In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein
BRAD [REDACTED], ESQ.NOTIFICATION OF IDENTIFIED VICTIM [REDACTED]JULY 9, 2008PAGE 2 OF 2had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
Through this letter, this Office hereby provides Notice that your client, [REDACTED] is an individual whom the United States was prepared to name as a victim of an enumerated offense.
Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.
Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of Ms. [REDACTED]
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
cc: Jack Goldberger, Esq.
a
0
II
I
1
1
1
U.S. Department of Justice
%me
United States Attorney Southern District of Florida
VI FACSIMILE
Brad Esg. The Law Offices of Brad 2028 Street, Suite 202 Hollywood, Florida 33020. & Associates, LLC
Dear Mr.
500 South Australian Ave., Suite 400 West Palm Beach. FL 33401 (360820-8711 Facsimile. (561) 820-8777
July 9, 2008
Re: NOTIFICATION IDENTIFIED VICTIM
By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454A30004B and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court.
In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein
BRAD [REDACTED] ESQ.
NOTIFICATION OF IDENTIFIED VICTIM S [REDACTED]
JULY 9, 2008
PAGE 2 OF 2
had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
Through this letter, this Office hereby provides Notice that your client, [REDACTED] is an individual whom the United States was prepared to name as a victim of an enumerated offense.
Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.
Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of [REDACTED]
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By:
A. [REDACTED] VILLAFAÑA
ASSISTANT U.S. ATTORNEY
cc: Jack Goldberger, Esq.
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
L
NOTA CERTIFIED COPY
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 08-80811-CIV-ZLOCH/SNOW
[REDACTED]
Plaintiff,
vs.
Sealed
JEFFREY EPSTEIN and
[REDACTED]
Defendants.
FILED UNDER SEAL
FILED by [Signature] D.C.
JUL 25 2008
STEVEN M. LARIMORE
CLERK U.S. DIST CT
S.O. OF FLA. MIAMI
DEFENDANTS JEFFREY EPSTEIN AND
[REDACTED] MOTION FOR STAY
This motion is filed under seal because the deferred-prosecution agreement between the United States Attorney's Office (by Assistant U.S. Attorney [REDACTED] C. Villafana, Esq.) and Mr. Epstein, discussed herein, contains a confidentiality clause.
Lewis Teinn
MIAMI DISTRICT COURT
3059 GRAND AVENUE, SUITE 340, COCONUT GROVE, FLORIDA 33133
2/7
Defendants Jeffrey Epstein and respectfully move for a mandatory stay of this action under Title 18, United States Code, Section 3509(k), Section 1595(b)(1), and alternatively, under this Court's discretionary authority to stay civil litigation, based on the existence of a pending federal criminal action.
Introduction
This lawsuit arises from a pending federal criminal a1 concerning, among other things, an alleged assault of the plaintiff Jane ho, according to Th her complaint, on "numerous occasions" provided "massages" to Epstein with "no credentials to provide massage therapy" and was "sometimes paid . . . for the `sessions'." Compl., ¶¶ 6, 11. A federal statute directly on point provides that when a civil suit alleging damages to a minor victim arises out of the same occurrence as a "criminal action," the civil suit "shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added)!
If, at any time that a cause of action for recovery of compensation for damage or injury to the person of a child exists, a criminal action is pending which arises out of the same occurrence and in which the child is the victim, the civil action shall be stayed until the end of all phases of the criminal action and any mention of the civil action during the criminal proceeding is prohibited. As used in this subsection, a criminal action is pending until its final adjudication in the trial court.
18 U.S.C. § 3509(k).
The full text of the mandatory-stay provision reads:
Accordingly, a stay of this case is mandatory until the criminal action arising from the same allegations is no longer pending.
The Pending Federal Criminal Action
In 2006, a Florida state grand jury indicted Jeffrey Epstein on allegations similar to those in the instant action (State of Florida v. Jeffrey Epstein, Case No. 2006 CF 09454A, Fifteenth Judicial Circuit, Palm Beach County) (the "Florida Criminal Action"). Shortly thereafter, the United States Attorney's Office for the Southern District of Florida (the "USAO") began a federal grand-jury investigation into allegations arising out of the same incidents alleged in the instant action (Grand Jury No. 07-103 (WPB), United States District Court for the Southern District of Florida) ("the Federal Criminal Action").
In September 2007, the USAO and Mr. Epstein entered into a highly unusual and unprecedented deferred-prosecution agreement (the "Agreement"), in which the USAO agreed to defer (not dismiss or close) the Federal Criminal Action on the condition that Mr. Epstein continue to comply with numerous obligations, the first of which was pleading guilty to certain state charges in the Florida Criminal Action. The Agreement itself uses the term "deferred" (rather than "dismissed" or "closed") to describe the status of the Federal Criminal Action:
THEREFORE, on the authority of R. Alexander Acosta, United States Attorney for the Southern District of Florida prosecution in this District, for these offenses shall be deferred in favor of prosecution by
2
Levy\* Tsin
the State of Florida, provided that Epstein abides by the following conditions and the requirements of this Agreement . . . .
Agreement, at 2.
By no stretch did the USAO finalize, close, complete, dismiss or abandon the Federal Criminal Action. Indeed, as the lead federal prosecutor recently explained, the USAO merely "agreed to defer federal prosecutie prosecution by the State of Florida . . . ." See In re: Jane favor of e No. 08- 80736-CIV-Mana (S.D. Fla.) (D.E. 14), Decl. AbSA Villafana, 07/09/08, ¶ 5, attached hereto as Exhibit "A" (emphasis added). Under the Agreement, the USAO presently retains the co i tinuing r right to indict Mr. Epstein - - or to unseal "any" already-existing fed `c ges" that may already have been handed up by the federal grand ju and Sealed - - should he breach any of its provisions. Agreement, at r -
The period of the deferral continues until three months after Mr. Epstein completes service of his sentence in the Florida Criminal Action. Id. Indeed, the final three months of the Agreement's term constitute an extended period during which the USAO expressly retains the ability to evaluate whether Epstein committed any breaches of his numerous obligations under the agreement while he was serving his state sentence, and, if it so determines, reserves the right to indict
(or unseal an existing indictment against) Mr. Epstein - - even after he has completed serving his entire state sentence.
The Agreement further provides that upon Epstein's execution of a plea agreement in the State Criminal Case, the Federal Criminal Action "will be suspended" and all pending grand jury subpoenas "will be held in abeya less and until the defendant violates any term of this agreement." Actent, at 5 (emphasis added). The Agreement directs the USAO and Epstein to "maintain their evidence, specifically evidence requested by or directly related to the grand jury subpoenas that have been issued," and to mai uch evidence "inviolate." Id. (emphasis added). It also expressly p v rat the grand jury subpoenas continue to remain "outstanding" until "the successful completion of the terms of this agreement." Id. (emphasis added).
Further, it includes a promise not to prosecute movant/defendant only if "Epst • successfully fulfills all of the terms and conditions of th[e) agreement." /,c
Finally, the Agreement provides that the USAO's declination of prosecution for certain enumerated offenses and dismissal of any existing (sealed) charges will not occur until 90 days following the completion of his state sentence:
If the United States Attorney should determine, based on reliable evidence, that, during the period of the Agreement, Epstein willfully violated any of the conditions of this Agreement, then the
United States Attorney may, within ninety (90) days following the expiration of the term of home confinement discussed below, provide Epstein with timely notice specifying the condition(s) of the Agreement that he has violated, and shall initiate its prosecution on any offense within sixty (60) days' of [sic] giving notice of the violation. Any notice provided to Epstein pursuant to this paragraph shall be provided within 60 days of the United States learning of facts which may provide a basis for a determination of a breach of the Agreement.
After timely fulfilling all the terms and conditions of the Agreement, no prosecution for the offenses set out on pages 1 and 2 of this Agreement, nor any other offenses that have been the subject of the joint investigation by the Federal Bureau of Investigation and the United States Attorney's Office, nor any offenses that arose from the Federal Grand Jury investigation will be instituted in this District, and the charges against Epstein, if any, will be dismissed.
Agreement, at 2.
Consistent with the Agreement and its position that the Federal Criminal Action continues to remain pending, the USAO recently sent letters to attorneys for people that the USAO has designated as "victims." In those letters, the USAO asked, "(IJf you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to ttundersigned [AUSA]." See Decl. of AUSA Villafana, Exhs. 6 & 7, at 2 (J 008). The clear implication of the USAO's request (by which the USAO appears to involve itself in the instant litigation, despite advising the recipients that it cannot "take part in or otherwise assist in civil litigation," id. at 2), is that the USAO believes that such denial might breach the Agreement.
El
II
El
H
El
El
I
I
I
I
I
Accordingly, the Federal Criminal Action remains "pending."
Discussion
I. Section 3509(k) Imposes a Mandatory Stay.
The language of Title 18, United States Code, Section 3509(k) is clear and mandatory: a parallel "civil action shall be stayed until the end of all phases of the criminal action." 18 U.S.C. § 3509(k) (emphasis added). The word "shall" means that the statute's command is mandatory and not subject to a Court's discretion. See, e.g., v. 531 U.S. 230, 241 (2001) (noting Congress' "use of a mandatory 'shall' to impose discretionless obligations") (emphasis added); Lexecon Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26, 35 (1998) (explaining that "the mandatory 'shall' . . . normally creates an obligation impervious to judicial discretion") (emphasis added). Cf. v. 530 U.S. 327, 350 (2000) (construing the litigation-stay provision of the Prison Litigation Reform Act, holding, "Through the PLRA, Congress clearly intended to make operation of the automatic stay mandatory, precluding courts from exercising their equitable powers to enjoin the stay. And we conclude that this provision does not violate separation of powers principles.") (emphasis added).
One District Court within the Eleventh Circuit recently construed "the plain language of § 3509(k)" as "reguirlingl a stay in a case . . . where . . . a parallel criminal action [is) pending." Doe v. Francis, No. 5:03 CV 260, 2005 WL 950623,
Lett "On n.
U
El
II
El
I
J
at \*2 (N.D. Fla. Apr. 20, 2005) (Francis II) (emphasis added). Accord Doe v. Francis, No. 5:03 CV 260, 2005 WL 517847, at \*1-2 (N.D. Fla. Feb. 10, 2005) (Francis I) (staying federal civil action in favor of "a criminal case currently pending in state court in Bay County, Florida, arising from the same facts and involving the same parties as the Instant action," noting that "the language of 18 U.S.C. § 3509(k) is clear that a stay is required in a case such as this where a parallel criminal action is pending which arises from Ikeyne occurrence involving minor victims") (emphasis added). There .ntrary opinion from any court.
/%. In determining that the federal stay preVision is mandatory, the Francis II court expressed that there was a rently no case law supporting, or even "discussing the [avoidance] of AZ' e der the command of] § 3509(k)." Francis II, 2005 WL 950623, at \*2 Cefe ng to the statute as written, the Francis H court rejected the plaintiffs' argument that some of the alleged victims had already reached their majority. See id. The court similarly rejected the plaintiffs' argument that it would be in the victims' best interests to avoid a stay so as to counteract the victims' "ongoing and increasing mental harm due to the 'frustrating delay in both the criminal case and [the civil] case.' Id.
H. Section 3509(k) Applies to Investigations, Not Just Indictments.
While there is no unsealed indicted criminal case against Mr. Epstein, the government's criminal investigation against him remains open. Section 3509(k) clearly applies to stay civil cases during the pendency, not only of indicted criminal cases, but also of pre-indictment criminal investigations.
The term "criminal action" is not expressly defined in § 3509(k). It is defined, however, by a closely related statute. Title 18, U.C. 1595 provides a civil remedy for "forced labor" and "sex trafficking bons, but stays such actions "during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim."2 In enacting § 1595, Congress
§ 1595. Civil remedy
- (a) An individual who is a victim of a violation of section 1589, 1590, or 1591 of this chapter may bring a civil action against the perpetrator in an appropriate district court of the United ? Ciictates and may recover damages and reasonable attorneys
- (1) Any civil action filed under this section shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim.
- (2) In this subsection, a "criminal action" includes investigation and prosecution and is pending until final adjudication in the trial court.
I8 U.S.C. § 1595.
'The full text of that statute provides:
specifically intended that the term "criminal action" would be applied extremely broadly. Accordingly, Congress took pains to ensure that courts would give it the broadest possible construction and, for that reason, specified in the definition provision that "criminal action" also "includes investigation." 18 U.S.C. § 1595(bX2). The only reported decision addressing this provision interpreted it according to its plain language. See Ara v. Khan, No. CV 07-1251, 2007 WI. 1726456, \*2 (E.D.N.Y. June 14, 2007) (ordering "all proceedings in this case stayed pending the conclusion of the government's criminal investigation of the defendants and of any resulting criminal prosecution") (emphasis added).
Given that the USAO's Agreement with Epstein indicates that:
- 1 the grand-jury's subpoenas remain "outstanding" (Agreement, at 5);
- the subpoenas are "h(e)ld . . . in abeyance" (id);
- the subpoenas are not "withdrawn" (id);
- the parties must "maintain their evidence" (id.) (which would be entirely unnecessary if the investigation against Epstein were closed);
- "any" existing "charges" will not "be dismissed" until after Epstein has "timely fulfill[ed) all the terms and conditions of the Agreement" (id. at 2) (emphasis added); and
- "prosecution in this District . . . shall be deferred" (id.) (but not closed or dismissed) - -
then the only reasonable conclusion is that the Federal Criminal Action remains "pending."
0
El
[1
El
The ordinary meaning of the adjective "pending" is "[r]emaining undecided; awaiting decision . . . ." Black's Law Dictionary 1154 (8th ed. 2004).3 See also v. Klitzkie, 281 F.3d 920, 928 (9th Cir. 2002) (relying on Black's Law Dictionary, in the context of a criminal case, for the definition of "pending" as "awaiting decision"); Swartz v. Meyers, 204 F.3d 417, 421 (3d Cir. 2000) (relying on Black's Law Dictionary for the definition of "pending," expressly because "'pending' is not defined in the statute"). Any common-sense reading of the Agreement and the USAO's recent sworn construction of it, is consonant with the Federal Criminal Action's "remaining undecided" and "awaiting decision." See Unified Gov't of Athens-Clarke County v. Athens Newspapers, LLC, No. S07G1133, \_S.E.2d \_\_\_, 2008 WL 2579238, \*3 (Ga. June 30, 2008) (reviewing a public-records request against Georgia's "pending investigation" exception to its open-records law, and holding that "a seemingly inactive investigation which has not yet resulted in a prosecution logically "remains undecided," and is therefore "pending," until it "is concluded and the file closed') (emphasis added).
' The United States Court of Appeals for the Eleventh Circuit routinely relies on Black's Law Dictionary for the definition of statutory terms, including in criminal cases. See e.g., United States v. Young, 528 F.3d 1294, 1297 n.3 Cir. 2008) (definitions of criminal "complaint" and "indictment"); United States v. 526 F.3d 691, 705 (11th Cir. 2008) (definition of "knowingly" in criminal statute).
a
LI
Ti
1
1
III. Section 3509(k) Applies Even After a Plaintiff Turns 18.
The parallel stay provision in § 1595, discussed supra at 8-9, mandates, without exception, that any civil action brought under that section for violation of § 1591 (prohibiting transportation of minors for prostitution) "shall be stayed during the pendency of any criminal action arising out of the same occurrence in which the claimant is the victim." 18 U.S.C. § 1591(bX1). Whether the § 1595 plaintiff has turned 18 does not vitiate the efficacy of this mandatory stay.
An example illustrates why the stay provided in § 3509(k) has the same broad scope as the stay provided in § 1591(b)(1). As discussed above, § 3509(k) stays any civil suit for injury to a minor, arising out of the same occurrence as a pending criminal action. One type of civil suit falling within § 3509(k)'s ambit is a suit seeking redress for a violation of 18 U.S.C. § 2423(a). Section 2423(a) - - just like § 1591 - - prohibits transportation of minors for prostitution. The elements of both statutes are identical. There would simply be no legitimate basis for Congress to differentiate between the consequences attached to violating these two sections. Thus, just as Congress mandated under § 1595(bX1) that civil discovery shall be stayed when there is an ongoing federal investigation under § 1591 (even after the victim turns 18), the identical treatment should apply under § 3509(k) to civil actions brought for the identical violation of § 2423(a).
II
Logic compels a rule requiring continued application of the § 3509(k) stay to a putative victim who has since turned 18. Consider again the example of § 2243(a). Assume that the USAO is investigating a § 2243(a) violator with two alleged victims; one who is now 17, and one who has turned 19. Assume further that both decide to sue the alleged offender while the USAO is still in the process of conducting its criminal investigation. Why would Congress enact § 3509(k) to prohibit the defendant from conducting civil discovery in the 17-year-old's lawsuit, but permit him to conduct full discovery in the 19-year-old's lawsuit, including taking the depositions of both the 19- and the 17-year-old, the federal investigating agents and all the grand-jury witnesses? This could not have been Congress' intent.
0
The legislative history to a statute resembling § 1595 is also instructive. When Congress enacted 18 U.S.C. § 2255, it provided a civil remedy to any "minor . . . victim" of enumerated federal sex offenses. See Child Abuse Victims' Rights Act of 1986, Pub. L. No. 99-500, 100 Stat. 1783, § 703 (1986). In 2006, Congress amended the statute to clarify that the civil cause of action was available not just while the victim was a minor, but even after she or he turned 18. See Pub. L. 109-248, 120 Stat. 650, § 707 (b)( I XA) (amending § 2255 to permit suit by adults who were victims of enumerated federal offenses when they were minors, by deleting "Any minor who is [a victim)" and adding "Any person, who, while a
0
II
II
I
completion of a criminal action. See also 18 USC § 3509(k).
H.R. Rep. 108-264(I1), 108th Cong., 1st Sess. (2003), reprinted at 2003 WL 22272907, at \*16-17 ("agency view" by the Department of Justice on bill later codified at 18 U.S.C. § 1595).
The Department specifically argued to Congress in the clearest terms: "We believe that prosecutions should take priority over civil redress and that prosecutions should be complete prior to going forward with civil suits." Id. at 17 (emphasis added). Nowhere did the Department suggest that pending prosecutions warrant less protection (i.e., should be "hinderfed]") simply because a particular civil plaintiff happens to reach his or her 18th birthday.
IV. A Stay is Mandatory Despite Resulting "Delay" to Civil Lawsuits.
Inherent in any § 3509 k) stay is delay to the progress (discovery, trial, appeal) of all related civil Caw suits. Congress recognized this in enacting the stay provision, which necessarily prioritized the interests of completing a criminal investigation and prosecution over the interests of a particular plaintiff in seeking personal pecuniary damages. Based on this reasoning, the Francis II court specifically refused to provide any relief to plaintiffs "simply because the state [criminal] matter is not progressing as fast as they would hope." The court made this determination despite the plaintiffs' complaints about the "frustrating delay" and that "the state criminal case `has languished for almost two years with no end
11
LI
0
El
LI
0
a
U
El
U
in sight,' finding that this "is a matter to be addressed in state [criminal] court."
Id. Accordingly, the anticipated delay in this case, attendant to the term of the deferred-prosecution agreement, does not change the clear command of § 3509(k).
According to her own pleadings, the plaintiff waited seven years before filing this lawsuit, Compl. 1¶ 2,6, and so cannot rightfully claim prejudice from additional temporary delay.
V. Section 3509 Aside, a Discretionary Stay is Warranted.
Even, arguendo, were this Court not to appl andate of § 3509, a discretionary stay should still be entered during<the \pendency of the Federal Criminal Action. SEC v. Heald:south Corp., 261 F. Supp. 2d 1298, 1326 (N.D. Ala. 2003) ("No question exists that this court has the power to stay a civil proceeding due to an active, c criminal investigation."). Other federal statutes support such a s C y -- Particularly when the criminal action may be adversely affected by the civil litigation. For example, under 18 U.S.C. § 2712(eX1),:(1he court shall stay any action commenced [against the United States) i tpe cdltrt determines that civil discovery will adversely affect the ability of the o ` went to conduct a related investigation or prosecution of a related criminal case." Allowing this lawsuit to progress while Epstein remains subject to the Federal Criminal Action will prejudice him irrevocably and irreparably. As
a
a
II
I
I
3
provided below, there are several adverse effects to allowing this case to proceed while the Federal Criminal Action remains pending.
In this lawsuit, Epstein has a right to defend himself. In the Federal Criminal Action, Epstein has a right against self-incrimination.4 Without a stay, Epstein will be immediately forced to abandon one of these rights.
Should he choose his Fifth Amendment rights, he will expose himself to an adverse inference at the summary-judgment stage and at trial. See generally, Wehling v. Columbia Broad. Sys, 611 F.2d 1026, 1027 (5th Cir. 1980) (observing that "invocation of the privilege would be subject to the drawing of an adverse inference by the trier of fact"). On the other hand, should Epstein choose his right to defend himself in this lawsuit, the USAO will be able to use his responses at every stage of the discovery and trial process (e.g., his Answer, responses to document requests, responses to requests for admissions, sworn answers to interrogatories, answers to deposition questions, and trial testimony) to his detriment in the Federal Criminal Actions
' The privilege applies in "instances where the witness has reasonable cause to apprehend danger" of criminal liability. Hoffman v. United States, 341 U.S. 479, 486 (1951).
' This could give the USAO a tremendous advantage in prosecuting Epstein in the Federal Criminal Action. See Comment, Using Equitable Powers to Coordinate Parallel Civil and Criminal Actions, 98 Han'. L. Rev. 1023, 1026 (1985) (observing that "the prosecutor may have access to detailed civil depositions of the accused witnesses, while the rules of criminal procedure bar the accused from deposing the prosecutor's witnesses").
In this lawsuit, even before civil discovery begins, under the Initial Disclosures required by Fed. R. Civ. P. 26 and S.D. Fla. Local Rule 26.1, Epstein "must" disclose the identities of all the witnesses he would call in his defense to the Federal Criminal Action (Rule 26(a)(IXAXi)), copies of "all documents" he "may use to support [his] defenses" (Rule 26(aX I XAXii)), as well as the identity of "any" expert witness he "may use at trial," along with mandatory disclosure of "a written report" containing "a complete statement of all opinions the [expert] will express and the basis and reasons for them" (Rule 26(aX2XA) and (B)(i)).
In contrast, in the pending Federal Criminal Action, which is governed exclusively by the Federal Rules of Criminal Procedure, the USAO would not be [I entitled to compel pre-trial produc of any of this information. See Fed. R. Cr. P. 16(b)(1)(A), (C), and 16(b)(2); l7nited States v. Argomaniz, 925 F.2d 1349, 1355-56 (11th Cir. 1991) (explaining act-of-production privilege).
Thus, absent a stay of this civil action, the USA() would receive fundamentally unfair access to defense information and highly prejudicial advance insight into criminal defense strategy. See Comment, 98 Han,. L. Rev. at 1030 ("To the extent that a prosecutor acquires evidence that was elicited from the accused in a parallel civil proceeding, the criminal process becomes less adversarial.").
1
Without a stay in place, discovery will proceed, including against third parties. Mr. Epstein will have no alternative but to issue subpoenas seeking evidence from state and federal law-enforcement officers. For example, Epstein is clearly entitled to discover evidence of prior statements (including inconsistent statements) given by witnesses whom law-enforcement has previously interviewed. See, e.g., Cox v. Treadway, 75 F.3d 230 (6th Cir. 1996) (holding that district court properly admitted testimony of prosecutor about prior inconsistent statements that witness made to the prosecutor). Likewise, Epstein may be entitled to discovery of relevant evidence that is in the present possession of the grand jury or other lawenforcement agencies. See, e.g., Simpson v. Hines, 729 F. Supp. 526, 527 (E.D. Tex. 1989) ("The grand jury has concluded its deliberations . . . . The need for secrecy of these specific tapes no longer outweighs other concerns."); Golden Quality Ice Cream Co., Inc. v. Deerfield Specialty Papers, Inc., 87 F.R.D. 53, 59 (E.D. Pa. 1980) ("[W]here, as here, the grand jury has completed its work and all that is soug,ht is, those documents turned over to the grand jury by the corpora As'orb 0 k w ich are defendants in the civil case, the considerations . . . militating against disclosure are beside the point.") (citing Douglas Oil Co. of Calif. v. Petrol Stops Nw., 441 U.S. 211 (1979)).
In response to such third-party subpoenas to law-enforcement witnesses, we anticipate that it will be the government, not Mr. Epstein, who will object to
a
a
a
11
Ii
discovery in this civil case, until the final conclusion of the Federal Criminal Action.
Conclusion
Because this lawsuit arises from the same allegations as the Federal Criminal Action, this Court should stay this lawsuit until that action is no longer pending.
÷o
By:
Respectfully submitted,
TEM, P.L. 3059 Grand Avenue, Sui 40 Coconut Grove, Florida 33 33 Tel: 305 442 1101 F. 305 6p ie
Ma. A. EWIS Fla. Bar No. 623740
MICHAEL R. TEIN C Fla. Bar No. 993522 tein@lewistein.com
ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 Tel. 561 659 8300 Fax. 561 835 8691
By: Jack A. Goldberger Fla. Bar No. 262013 jgoldberger@agwpa.com
Attorneys for Defendant Jeffrey Epstein
Cos
•—•
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 013-80736-Civ-Marra/M
IN RE: JANE DOE,
Petitioner.
DECLARATION OF A. VILL6FARA IN SUPPORT OF UNITED STATES' RESPONSE TO VICTIM'S EMERGENCY PETITION FOR ENFORCEMENT LW CRIME VICTIM RIGHTS ACLU U.S.C. I3771
I. I, A. V illafana, do hereby declare that I am a member in good standing of the Bar of the State of Florida.) graduated from the University of California at Berkeley School of Law (Boalt 199? tier serving as a judicial clerk to the Hon. David F. Levi in Sacramento, aliform was admitted to practice in California in 1995. I also am admitted to practice in a Icourts of the states of Minnesota and Florida, the Eighth, Eleventh, and Federal Circuit Courts of Appeals, and the U.S. District Courts for the Southern District of Florida, the District of Minnesota, and the Northern District of California. My har admission status in California and Minnesota is currently inactive. I am currently employed as an Assistant United States Attorney in the Southern District of Florida and was so employed during all of the events described herein.
9/0
%Or 'aid
2 I am the Assistant United States Attorney assigned to the investigation of Jeffrey Epstein. The case was investigated by the Federal Bureau of Investigation ("FBI"). The federal investigation was initiated in 2006 at the request of the Palm Beach Police Department ("PBPD") into allegations that Jeffrey Epstein and his personal assistants had used facilities of interstate commerce to induce young girls between the ages of thirteen and seventeen to engage in prostitution, amongst other offenses.
3. Throughout the investigation, when a victim was identified, victim notification letters were provided to her both from your Affiant and from the FBI's Victim-Witness Specialist. Attached hereto are copies of the letters provided to Mr three clients, and.' Your Affiant's letter to was provided by the FBI. (Ex. I ). Your A Manes letter to was hand-delivered by myself to at the time that she was interviewed (Ex. 2)? Both I= and also received letters from the FBI's Victim-Witness Specialist, which were sent on January 10, 2008 (Exs. 3 & 4). was identified via the FBI's investigation in 2007, but she initially refused to speak with investigators. status as a victim of a federal offense was confirmed when she was interviewed by
El
LI
El
U
U
'Attorney filed his Motion on behalf of "Jane Doe," without identifying which of his clients is the purported victim. Accordingly, l will address facts related U. and All three of those clients were victims of Jeffrey Epstein's while they were minors beginning 11 they were fifteen years old.
'Please note that the dates on the U.S. Attorney's Office letters to= and are not the dates that the letters were actually delivered. Letters to all known victims were prepared early in the investigation and delivered as each victim was contacted.
federal agents on May 28, 2008. The FBI's Victim-Witness Specialist sent a letter to on May 30, 2008 (Ex. 5).
4. Throughout the investigation, the FBI agents, the FBI's Victim-Witness Specialist, and your A ffiant had contact with and Attorney other client. was represented by counsel and, accordingly, all contact witliM was made through that attorney. That attorney was James Eisenberg, and his fees were paid by Jeffrey Epstein, the target of the investigation.'
5. In the summer of 2007, Mr. Epstein and the U.S. Attorney's Office for the Southern District of Florida ("the Office") entered into negotiations to resolve the investigation. At that time, Mr. Epstein had been charged by the State of Florida with solicitation ofprostitution, in violation of Florida Statutes § 796.07. Mr. Epstein's attorneys sought a global resolution of the matter. The United States subsequently agreed to defer federal prosecution in favor of prosecution by the State of Florida, so long as certain basic preconditions were met. One of the key objectives for the Government was to preserve a federal remedy for the young girls whom Epstein had sexually exploited. Thus, one condition of that agreement, notice of which was provided to the victims on July 9. 2008. is the following:
"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein
'The undersigned does not know when Mr. began representingM or whether ever formally terminated Mr. Eisenberg's representation.
had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
6. An agreement was reached in September 2007. The Agreetriont orpained an express confidentiality provision.
7. Although individual victims were not consulted regarding the agreement, a. several had expressed concerns regarding the exposur4their identities at trial and they desired a prompt resolution of the matter. At the time the agreement was signed in September 2007,M was openly hostile to the prosecution of Epstein. The FBI attempted to interview in October 2007, ich time she refused to provide any information regarding Jeffrey Epstein. N ( -14/ consulted prior to the resoltitithe federal investigation. f ttomey MI clients had expressed a desire to be
8. As explained above, one of the terms of the agreement deferring prosecution to the State of Florida was securing a federal remedy for the victims. In October 2007, shortly after tie '14a .e emcnt was signed, four victims were contacted and these provisions w J:\ discussed. One of those victims was who at the time was not represented, and she was gi en notice of the agreement. Notice was also provided of an expected change of plea in October 2007. When Epstein's attorneys learned that some of the victims had been
notified, they complained that the victims were receiving an incentive to overstate their involvement with Mr. Epstein in order to increase their damages claims. While your A ffiant knew that the victims' statements had been taken and corroborated with independent evidence well before they were informed of the potential for damages, the agents and I concluded that informing additional victims could compromise the witnesses' credibility at trial if Epstein reneged on the agreement.
9. A fie= had been notified of the terms of the agreement, but before Epstein performed his obligations= contacted the FBI because Epstein's counsel was attempting to take her deposition and private investigators were harassing her. Your A Mani secured pro bono counsel to represen=and several other identified victims. Pro bono counsel was able to assist in avoiding the improper deposition. That pro bono counsel did not express to your Affiant that= was dissatisfied with the resolution of the matter.
10. In mid-June 2008. Attorney contacted your A 'Tient to inform me that he represented and■ and asked to meet to provide me with information regarding Epstein. I invited Attorney to send to me any infomiation that he wanted me to consider. Nothing was provided. I also advised Attorney that he should consider contacting the State Attorney's Office, if he so wished. I understand that no contact with that office was made. Attorney had alluded tom so 1 advised him that, to my knowledge. was still represented by Attorney James Eisenberg.
II. On Friday, June 27, 2008, at approximate 4:15 p.m., your Affiant received a copy of the proposed state plea agreement and learned that the plea was scheduled for 8:30 a.m., Monday, June 30, 2008. Your Milani and the Palm Beach Police Department attempted to provide notification to victims in the short time that Epstein's counsel hadgiven us. Although all known victims were not notified, your Atliant specifically called attorney to provide notice to his clients regarding the hearing. Your Affiant believes that it was during this conversation that Attorney notified me that he representedand I assumed that he would pass on the notice to her, as well. Attorney in formed your Affiant that he could not attend but that someone would be present at the hearing. Your Affiant attended the hearing, but none of Attorney ' clients was present.
12. On today's date, your Affiant provided the attached victim notifications to and via their attorney, (Exs. 6 & 7). A notification was not provided to because the U,S. Attorney's modification limited Epstein's liability to victims whom the United States was prepared to name in an indictment. In light a prior statements to law enforcement. your Affiant could not in good faith include= as a victim in an indictment and, accordingly, could not include her in the list provided to Epstein's counsel.
13. Furthermore, with respect to the Certification ofEmergency, Attorney did not ever contact me prior to the filing of that Certification to demand the relief that he requests in his Emergency Petition. On the afternoon of July 7, 2008, after your Milani had
a
a
LI
I
g
already received the Certification of Emergency and Emergency Petition, I received a letter from Attorney that had been sent, via Certified Mail, on July 3, 2008. While that letter urges the Attorney General and the United States Attorney to consider "vigorous enforcement" of federal laws with respect to Jeffrey Epstein, it contains no demand for the relief requested in the Emergency Petition.
14. 1 declare under penalty of perjury, pursuant to 28 U.S. that the foregoing is true and correct to the best of my knowledge and bellef-A'
'14/ ) Executed this day of July, 2008.
A. a t
11
J
El
■
I
El
U
,.....• .....• U.S. Department of Justice
United Stores Attorney Southern District of Florida
J00S0vth Alas:ratios Sitar 400 Weis Palm Ilenelf. FL 73401 (361)870 871 Focrimits• 0608208777
June 7, 2007
DELNERY BY HAND
Mi
Re: Crime Victims' and Wimesses' Rights
Dear Miss Mk
Pursuant to the Justice for All Act of 2004, as a victim and/or witness of a federal offense, you have a number of rights. Those nghis arc:
- (I) The right to be reasonably protected from thc accused.
- (2) The right to reasonable, accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.
- (3) The right not to be excluded from any public court proceeding, unless the court determines that your testimony may be materially altered if you are present for other portions of a proceeding.
- (4) The nglit to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.
- (5) The reasonable nght to confer with the attorney for the United States in the ease.
- (6) The right to full and timely restitution as provided in law.
- (7) The right to proceedings free from unreasonable delay.
- (8) The nght to be treated with fairness and with respect for the victim's dignity and privacy.
Members of Ile U S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights arc protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047,0r Special Agent Nesbitt Kuyrkcndall from the Federal Bureau of Investigation at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington. D C. at 202.307.5983. Thal Office has a website at www.ovc.gov.
You can seek the advice of an attorney with respect to the righit listed above and, if you believe that the rights set forth above are being violated, you have the right to petition the Court for relief.
El
a
El
A
El
El
MISS JIME 7, 2007 P 4C.. F.
In addition to these rights, you are entitled to counseling and medical services, and protection from intimidation and harassment. If the Court determines that you arc a victim, you also may be entitled to restitution from the perpetrator. A list of counseling and medical service providers can be provided to you, it you so desire. If you or your family is subjected to any intimidation or harassment, please contact Special Agent Kuyrkendatl or myself immediately. It is possible that someone working on behalf of the targets of the investigation may contact you. Such contact does not violosabc lam- However, if you are contacted, you have the choice of speaking to that person or refusing tedo so. If you refuse and feel that you are being threatened or harassed, then please contact Special Agent Kuyrkendall or myself.
You also are entitled to notification of upcoming case events. At this time, your case is under trivestigation, If anyone is charged in connection with the invcstiga n, yisg will be notified.
By:
....)
cc Special Agent Nesbin Ku( kendall, F.B.I. Y
Sincerely
R. United AlexStivoats Stare Q Attorney
A. Yillafaria
Assistant United States Attorney
f f
a
U
a
I
O
LI
II
DILIVERtfiniAtiQ
miss
Dear Miss
"Ihne
U.S. Department of Justice
United Stal4S Attorney Southern District of Florida
500 South Marro/Ian Ave. Smile 400 Wen Palm Beach. Ft 11401 06))820-8711 Facsimile (561)820-8777
August 11.2006
Re: Crime Victims' and Witnesses' Rights
Pursuant to the Justice for All Act of 2004. as a victim and/u Ines f a federal offense, you have a number of nghts. Those nghts are:
- (I) The right to be reasonably protected from the accused.
- (2) The right to reasonable. accurate, and timely notice of any public court proceeding involving the crime or of any release or escape of the accused.
- (3) The tight not to be excluded from any public court proceeding, unless the court detenn'nes that your testimony maybe materially altered if you are present for other portions of a proceeding.
- (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, or sentencing.
- (5) The reasonable right to confer with the attorney for the United States in the case.
- (6) The right to full and timely restitution as provided in law.
- (7) The nghl to proceedings free from unreasonable delay.
- (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
Members of the U.S. Department of Justice and other federal investigative agencies, including the Federal Bureau of Investigation, must use their best efforts to make sure that these rights are protected. If you have any concerns in this regard, please feel free to contact me at 561 209-1047, or Special Agent Nesbitt Kuyrkendall from the Federal Bureau of lnve,sliption at 561 822-5946. You also can contact the Justice Department's Office for Victims of Crime in Washington, D.C. at 202-307-5983. That Office has a website at www.ovc.gov.
You can seek the advice of an attorney with respect to the rights listed above and, if you believe that the rights .et forth above are being violated, you have the right to petition the Court for relief.
'%•00 \ma'
MISS
AMOS l' 11, 2006
PAGE 2
In addition to these rights, you arc entitled to counseling and medical services, and id from intimidation and harassment. If the Court determines that you are a victim, you .1 entitled to restitution Flom the perpetrator. A list of counseling and medical service pin be provided to you, if you so desire. If you or your family is subjected to any intl./ • harassment, please contact Special Agent Kuyrkendall or myself immediately. It is p someone working on behalf of the targets of the investigation may contact you. Such co-' not violate the law. However, if you arc contacted, you have the choice of speaking or refusing to do so. If you refuse and feel that you are being threatened or hart Contact Special Agent Kuyrkendall or myself.
You also are entitled to notification o f upcoming case events. Al this time, yotn • investigation. If anyone is charged in connection with the investigation, you will he ow
By:
cc. Special Agent Nesbitt Kuyrkendall"
Sincerely,
R. Alexander Acosta United Sates Attorney
A. V illafarta
Assistant United States Attorney
U.S. Department of Justice
Federal Bureau of Investigation
FBI - West Palm Beach
Suite 500
505 South Flagler Drive
West Palm Beach, FL 33401
Phone: (561) 833-7517
Fax: (561) 833-7970
January 10, 2008
Re: Case Number: [REDACTED]
Dear [REDACTED]
This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any person proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially affected if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any person proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-385-4968) (TDD/TTY: 1-866-228-4619) (Internetnet: 1-502-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) and Personal Identification Number (PIN) anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is [REDACTED]
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
a
El
El
a
U.S. Department of Justice Federal Bureau of Investigation FBI - West Palm Betio', Subs 500 505 South %Ow Drive wrest Palm Beech, FL 33401 Phone' (511) I133-7517 Fax (M1) 833-7970
January '0. 2008
James Eisenberg Ono Cleenake Center Sts 704 Austwilin South West Palm Beach. FL 33401
Re
Deer James Eisenberg:
You have requested to recent notifications tor
This case Is currently wider Ineseigedon. This can bee iangthy request your contnued patience white we conduct a thorough Investigation
. . As • crime victim, you hive the following rights user IS United Steles Code § 3771: (1) The right to be reesawbly protected from the stowed; (3) The right to reasonable, secures, and limey notice of any public cowl proceeding. or any parole proceeding, mut:wing the crime or of any reelse or nano of the accused; (5) The rigid not to be each/did from wry such pubic court proceeding. unless the court. after recenirc clear and convincing evidence. determines that Wetmore/ by the Warn would be maternity Mitered If the victim heard other testimony id eat proceetang, (4) The tight b be reasonably heard at any public proceeding In the district court Involving release, plea. sentencing, or any parole proceeding; (5) TM reasonable right to confer with the attorney for the Government in the case; (I) The right to rub and timely newton as provided In law, (7) The right to proceedings free from unteasonabie deny: (a) The right to be treated with ferns and with reaped for the Y'am's dignity end enemy.
We wfil make our best tons to ensure you are accorded the rights described. Most of these noel pertain to events occurring en( the inset or Indictment of an indlulduel for the crime, and a we become the responsibility of tee prosecuting United Steel Attorneys Office to enure you are accorded those rights. You may also seek the advice of • pewee attorney with reaped It thee rights
The Victim NottlIcatIOn System (VNS) is designed to provide you with direct IrdormatiOn regarding the case as a proceeds though the Criminal piece system. YOU may oaten current Monnedon afoul this matter on the Internet at WWN.NoLly.U.300J.GOV or from the VHS Call Canter at 1-8436-00-1-4YOU (1-885-355- 4958) (7DID/TTY: 1-06-228-4619) (international: 1-502-213-2757). In addition. you may use the Cell Center or Interne to update your corded inforrrobon andlor di ens your dediaion \*bout pertldpabon in the nouncetion program. If you update your Information to Include a current well addmis. VNS win seM mlOrmatiOn b that address. You pail need the following Video Identification Numbs WIN)-' end Personal Idantecatkin Number (PIN) anytime you contact the Cell Conte and the fist lime you log on to VNS on the interne. In acIdleon, the drat time you access the VNS Internet site you MN be prompted to enter your mil nem, (cr business name) se patiently contained in VNS. The name you should enter is Eisenberg.
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
NOTA CERTIFIED COPY
U.S. Department of Justice
+ Federal Bureau of Investigation
+ FBI - West Palm Beach
+ Suite 500
+ 505 South Flagler Drive
+ West Palm Beach, FL 33401
+ Phone: (561) 833-7517
+ Fax: (561) 833-7970
May 30, 2008
Re: [REDACTED]
Dear [REDACTED]
Your name was referred to the FBI's Victim Assistance Program as being a possible victim of a federal crime. We appreciate your assistance and cooperation while we are investigating this case. We would like to make you aware of the victim services that may be available to you and to answer any questions you may have regarding the criminal justice process throughout the investigation. Our program is part of the FBI's effort to ensure the victims are treated with respect and are provided information about their rights under federal law. These rights include notification of the status of the case. The encicled brochures provide information about the FBI's Victim Assistance Program, resources and instructions for accessing the Victim Notification System (VNS). VNS is designed to provide you with information regarding the status of your case.
This case is currently under investigation. This can be a lengthy process and we request your continued patience while we conduct a thorough investigation.
As a crime victim, you have the following rights under 18 United States Code § 3771: (1) The right to be reasonably protected from the accused; (2) The right to reasonable, accurate, and timely notice of any public court proceeding, or any parole proceeding, involving the crime or of any release or escape of the accused; (3) The right not to be excluded from any such public court proceeding, unless the court, after receiving clear and convincing evidence, determines that testimony by the victim would be materially altered if the victim heard other testimony at that proceeding; (4) The right to be reasonably heard at any public proceeding in the district court involving release, plea, sentencing, or any parole proceeding; (5) The reasonable right to confer with the attorney for the Government in the case; (6) The right to full and timely restitution as provided in law; (7) The right to proceedings free from unreasonable delay; (8) The right to be treated with fairness and with respect for the victim's dignity and privacy.
We will make our best efforts to ensure you are accorded the rights described. Most of these rights pertain to events occurring after the arrest or indictment of an individual for the crime, and it will become the responsibility of the prosecuting United States Attorney's Office to ensure you are accorded those rights. You may also seek the advice of a private attorney with respect to these rights.
The Victim Notification System (VNS) is designed to provide you with direct information regarding the case as it proceeds through the criminal justice system. You may obtain current information about this matter on the Internet at WWW.Notify.USDOJ.GOV or from the VNS Call Center at 1-866-DOJ-4YOU (1-866-365-4968) (TOD/TTY: 1-866-228-4619) (International: 1-602-213-2767). In addition, you may use the Call Center or Internet to update your contact information and/or change your decision about participation in the notification program. If you update your information to include a current email address, VNS will send information to that address. You will need the following Victim Identification Number (VIN) [REDACTED] and Personal Identification Number (PIN) [REDACTED] anytime you contact the Call Center and the first time you log on to VNS on the Internet. In addition, the first time you access the VNS Internet site, you will be prompted to enter your last name (or business name) as currently contained in VNS. The name you should enter is [REDACTED]
If you have additional questions which involve this matter, please contact the office listed above. When you call, please provide the file number located at the top of this letter. Please remember, your participation in the notification part of this program is voluntary. In order to continue to receive notifications, it is your responsibility to keep your contact information current.
Sincerely,
TOTAL P. 87
Nor
U.S. Department of Justice
United Stales Attorney Southern District of Florida
sae South Austrahon Ave Suite 400 West Palm Beach. FL 33401 (30) 820-8711 Facsimile: (361)8204777
July 9. 2008
VIA FACSIMILE
Brad , Esq. The Law Offices of Brad & Associates, LLC 2028 Street, Suite 202 Hollywood. Florida 33020.
Re: Jeffrey Epstein/ 44II OTIFICATION OF IDENTIFIED VICTIM "\*"
( S t By virtue of this letter, the United States omey's Office for the Southern District of Florida asks that you provide the following notice to your client
\
Dear Mr. IMF:
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Contrc4Swith conditions of community confinement imposed by the Court.
lull ECf\o e entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein
....• ,...ir
BRADS ESQ
NOTIF ICA DON OF IDENTIFIED VICTIM
Jui.9 9, 2008
PAGE 2 or 2
had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the panics to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
Through this letter, this Office hereby provides Notice that your client, is an individual whom the United States was prepared to name as a victim o an enumerate offense. 44 csSr
Should your client decide to file a claim against le ey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take pan in or otherwise assist in civil litigation; However, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.
Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being o
R. ALEXANDER ACOSTA UNITED STATES ATTORNEY
By:
A. VILLAFASIA ASSISTANT U.S. ATTORNEY
cc: Jack Goldberger, Esq.
U.S. Department of Justice
United States Attorney Southern District of Florida
Brad F.sq. The Law Offices of Brad 2028 Street, Suite 202 Hollywood. Florida 33020. & Associates, LLC
Dear Mr.
500 South Australian Are. Salle 400 West Palm Beach. FL 33401 (560820-8711 Facsimile: (50)820.8777
July 9, 2008
Re: Jeffrey Epste IDENTIFIED VICTIM
By virtue of this letter, the United States Attorney's Office for the Southern District of Florida asks that you provide the following notice to your client,
On June 30, 2008, Jeffrey Epstein (hereinafter referred to as "Epstein) entered a plea of guilty to violations of Florida Statutes Sections 796.07 (felony solicitation of prostitution) and 796.03 (procurement of minors to engage in prostitution), in the 15th Judicial Circuit in and for Palm Beach County (Case Nos. 2006-cf-009454AXXXMB and 2008-cf-009381AXXXMB) and was sentenced to a term of twelve months' imprisonment to be followed by an additional six months' imprisonment, followed by twelve months of Community Control I, with conditions of community confinement imposed by the Court.
In light of the entry of the guilty plea and sentence, the United States has agreed to defer federal prosecution in favor of this state plea and sentence, subject to certain conditions.
One such condition to which Epstein has agreed is the following:
"Any person, who while a minor, was a victim of a violation of an offense enumerated in Title 18, United States Code, Section 2255, will have the same rights to proceed under Section 2255 as she would have had, if Mr. Epstein
BRAD [REDACTED] Esq.
NOTIFICATION OF IDENTIFIED VICTIM [REDACTED]
JULY 9, 2008
PAGE 2 OF 2
had been tried federally and convicted of an enumerated offense. For purposes of implementing this paragraph, the United States shall provide Mr. Epstein's attorneys with a list of individuals whom it was prepared to name in an Indictment as victims of an enumerated offense by Mr. Epstein. Any judicial authority interpreting this provision, including any authority determining which evidentiary burdens if any a plaintiff must meet, shall consider that it is the intent of the parties to place these identified victims in the same position as they would have been had Mr. Epstein been convicted at trial. No more; no less."
Through this letter, this Office hereby provides Notice that your client, [REDACTED] [REDACTED] is an individual whom the United States was prepared to name as a victim of an enumerated offense.
Should your client decide to file a claim against Jeffrey Epstein, his attorney, Jack Goldberger, asks that you contact him at Atterbury Goldberger and Weiss, 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401, (561) 659-8300.
Please understand that neither the U.S. Attorney's Office nor the Federal Bureau of Investigation can take part in or otherwise assist in civil litigation; however, if you do file a claim under 18 U.S.C. § 2255 and Mr. Epstein denies that your client is a victim of an enumerated offense, please provide notice of that denial to the undersigned.
Please thank your client for all of her assistance during the course of this examination and express the heartfelt regards of myself and Special Agents Kuyrkendall and Richards for the health and well-being of [REDACTED]
R. ALEXANDER ACOSTA
UNITED STATES ATTORNEY
By: [Signature]
A. [REDACTED] VILLAFAÑA
ASSISTANT U.S. ATTORNEY
cc: Jack Goldberger, Esq.
NOT A CERTIFIED COPY
• •
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUI IN AND FOR COUNTY, FLORIDA
FLORIDA SUGAR CANE ) LEAGUE, INC. )
)
Plaintiff, )
)
vs. )
)
FLORIDA DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )
)
Defendant. )
)
61517710554
ORDER
This cause is before the Court on the Complaint of the Florida Sugar Cane League, Inc. ("League"). The League seeks an order requiring a state agency, the Florida Department of Environmental Regulation ("DER"), to release certain documents under its custody and control, pursuant to the Florida Public Records Act, Chapter 119, Florida Statutes. The facts in this case are as follows:
DER is a Defendant in the case styled United States v. South Florida Water Management District. et al., Case No. 88-1886-CIV-Hoeveler, United States District Court, Southern District of Florida ("y:S. v. SFWMD"). DER, as a Defendant in that case, entered into settlement negotiations with the plaintiff as represented by the United States Department of Justice ("00J"). During the negotiations, drafts of proposed settlement agreements and other information relating to the settlement proposal were made, sent or received by DER to and from federal agencies and representatives, including DOJ. DER also entered into an agreement with DOJ to keep all documents it received during the settlement negotiations confidential.
:
0
• •
On May 21, 1991, the League made a public records request for a draft of the Settlement Agreement which the Secretary of DER had publicly stated as having been received by DER. On May 28, 1991, DER responded to the League's request by refusing to disclose the requested document claiming the document was privileged and immune to discovery. On May 31, 1991, the League filed this action, pursuant to Chapter 119, Florida Statutes. A hearing was originally scheduled before this Court for June 5, 1991, but DER removed the case to federal district court, where it was ultimately transferred to the Southern District of Florida. The League filed a Motion to Quash DER's Notice of Removal, which motion was argued before Judge William Hoeveler on July 10, 1991, and was granted on September 10, 1991. The federal court held that there was no federal jurisdiction over the matter as the League's claim arises purely under state law, and Judge Hoeveler remanded the case back to this Court. A hearing was held before this Court on September 16, 1991. Attorneys for the parties appeared and argued their 3 respective positions. DOJ also appeared, pursuant to title 28, 11 United States Codes, section 517, to argue in support of DER and to advise the Court of the United States' asserted interest in keeping the documents from public disclosure. DER asserts that Florida's Public Records Act is not applicable in this matter because it has been preempted by "federal immunities and privileges." DER further claims that it has contractually vowed to the United States to withhold requested documents under the confidentiality agreement
111
0
I; C
into which it entered with 00J, and that DER is acting as DOJ's agent in withholding the documents from public disclosure.
0
This Court rejects these arguments. Florida's public records law is sweeping in its breadth and requires virtually unfettered public access to records in the custody of state agencies. Unless a statutorily provided exemption permits nondisclosure of.public 0 records, Florida law requires that all such records in the custody of state agencies be open and available for public inspection. The parties agreed that there is no statutory exemption in the Florida Public Records Act which would prevent disclosure of public records received by state agencies during settlement negotiations in U.S. v. sFWMD, including the records sought by the League in this case. DER has cited no applicable statutory exemption in the Florida Public Records Act, and the judiciary is without any authority to expand or create an exemption to Florida's public records law. Wait v. Florida Power 6 Light Co., 372 So. 2d 420 (Fla. 1979); Times Publishing Co. v. City of St. Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990).
■ Principles of federal preemption under the Supremacy Clause may, in limited circumstances, act to prevent application of Florida's public records law where there is a clear conflict with an express requirement of confidentiality provided in a federal 1 statute. See assaagA nu , 159 So. 2d 679, 681-82 (Fla. 1935); see generally, pp. 81-82, Florida's Government-in-the-Sunshine Manual, Office of the Attorney General (1991). In this case, although DER claims preemption under federal law of privileges and
1
0
2
immunities, it has cited no specific federal statute which clearly requires that the documents in question be kept confidential.
DER also relies on DOJ's assertion that the documents would 0 not be "discoverable" from DOJ in the pending case, and that documents are exempt from disclosure by DOJ under FOIA. Even assuming that were true, it is irrelevant to the application of a Florida's public records law to documents in the custody of Florida's state agencies. As stated by Judge Hoeveler in remanding this action:
■
Thus, while FOIA may provide an independent cause of action insofar as the document in dispute is also in the custody of a federal agency, i.e., the Department of Justice, it cannot be said to displace and supplant a state statute directed at state agencies and state records. (Hoeveler Order at p. 12.)
DER's reliance on its confidentiality agreement with DOJ is equally misplaced. A state agency cannot bargain away its Public Records Act duties or create a "self-exemption" with a promise to third parties to keep records from disclosure to the public. Tribune Co. v. Hardee Memorial Hospital, Case No. CA-91-370, Tenth Judicial Circuit in and for Hardee County, Florida. See also Browning v. Walton, 351 So. 2d 380 (Fla. 4th DCA 1977).
I
THEREFORE, it is hereby ORDERED and ADJUDGED that:
- 0 \liswiettlement agreements made or received at any time by DER in nnection with 12sas v. SFV411 are hereby declared to be public records subject to disclosure under the Public Records Act, Chapter 119, Florida Statutes.
- 2. The Federal Freedom of Information Act, title 5, United States Code, section 552, does not preempt chapter 119, Florida
0
0
0
II
A
I
a
Statutes, to exempt from public disclosure public records in the custody of Florida state agencies, including DER;
3. DER shall provide access to the League, within fortyeight hours of rendition of this Order, to inspect and examine any and all draft settlement agreements DER has withheld from public disclosure based on a claim of federal preemption;
4. If DER desires to appeal this Order, DER shall prepare and deliver to the clerk of this Court, for inclusion in the record under seal, at the time it files its notice of appeal, all draft settlement agreements exchanged with the DOJ relating to U.S. v. SFWMQ which it asserts are exempt from Florida's public records law based on a claim of federal preemption. Such documents shall be held under seal pending final disposition of the appeal; and
5. As the parties have not yet agreed to a stipulation as to an appropriate award of attorneys' fees, the Court retains jurisdiction to determine the award of attorneys' fees pursuant to section 119.12, Florida Statutes.
DONE and ORDERED in at Tallahassee, County, t-Florida, this s1 day of September, 1991.
Copies furnished to counsel of record
P. Kevin Davey Circuit Court Jud
I
I
0
a
0
FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, Appellant, v. FLORIDA SUGAR CANE LEAGUE, INC., Appellee.
No. 91-3128.
District Court of Appeal of Florida, First District.
Oct. 29, 1992.
•I267 An appeal from the County Circuit Court; P. Kevin Davey, Judge.
Robert G. Gough, Asst. Gen. Counsel, Florida Dept. of Environmental Regulation, Tallahassee, for appellant.
Judith S. Kavanaugh, William L. Hyde and Richard A. of Peeples, Earl & Blank, P.A., Miami, for appellee.
Barry M. Hartman, Acting Ant. Atty. Gen., Dexter W. Lehtinen, U.S. Any., and Susan Ponzoli, Asst. U.S. Any., Miami, Keith Saxe, David C. Shilton and Ellen J. Du Dept. of Justice. Washington. D.C., for U.S.
PER CURIAM.
AFFIRMED. Wait v. Florida Power & Light Co., 372 So.2d 420 (Fla.1979),
MINER, and KAHN, JJ., concur.
END OF DOCUMENT
Cos
