IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA¶
CA FLORIDA HOLDINGS LLC, PUBLISHER OF THE PALM BEACH POST,¶
Plaintiff/Petitioner, CASE NO.: 50-2019-CA-014681-XXXX-MB CIRCUIT CIVIL DIVISION: AG¶
vs.¶
DAVE ARONBERG, as the State Attorney of Palm ,O4ak Beach County, Florida, and ABRUZZO, as the Clerk of the Circuit Court and Comptroller of Palm Beach County, Florida,¶
Defendants/Respondents.¶
THE ASSOCIATED PRESS’ MOTION FO j S ACI4”cI D INTERVENTION¶
The Associated Press hereby moves to i 9\ 4Ct 0 i this action for the limited purpose of asserting its rights of access, pursuant to Fl t. § 5.27, to the grand jury materials involving the late Jeffrey Epstein. As recogni oner CA Florida Holdings LLC, publisher of The Palm Beach Post (“the Post”), t is r public interest in the criminal investigation into Jeffrey Epstein, and transparency is nec to promote the public’s understanding of how the criminal justice system treat this states: -profile individual. In support of this motion, The Associated Press¶
- 0 Associated Press (“AP”) is an independent, not-for-profit corporation that operates ore than one hundred countries and provides news content, including original AP reporting, to its members. AP uses public and court records, including from Palm Beach County, as important newsgathering sources.
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- The controversy surrounding Jeffrey Epstein, the criminal investigation into allegations of sex trafficking, and the resulting plea deal have been well publicized by the media,
including AP, and discussed throughout the proceedings in this matter.¶
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Specifically, on November 14, 2019, the Post filed a Complaint seeking public access to testimony, evidence, and other materials presented to the grand jury in the criminal investigation into Epstein that occurred in 2006.
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The Post later filed a First Amended Complaint, on January 17, 2020, detailing the circumstances surrounding Epstein and the investigation, as well as the impo of public access to the grand jury materials in shedding light on how the govemmyal2gted evidence and treated this high-profile figure.
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The Post sought access to the records pursuant t tio 5.27, Florida Statutes, and the Court’s inherent authority to disclosure grand ju at “furthers justice.”
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Despite ultimately entering a final jui th the issues surrounding the grand jury inves of the Materials may arguably fall withi dated December 20, 2021, at 7. T Court’s decision. Hist the Post, this Court recognized ci o o afters of public interest, and disclosure t of `furthering justice!” See Final Judgment, isted in its quest for public access by appealing the 7. As a result ry 10, 2023, the Fourth District Court of Appeal issued an opinion
reversing the fin dgme t and instructing the Court to conduct an in-camera review of the materials an isclose any material that furthers justice.” See CA FM. Holdings. LLC v. Aronb o. 3d 1149, 1155 (Fla. 4th DCA 2023).¶
Since then, this Court has directed transcription of the grand jury testimony and ordered the Clerk to deliver all grand jury materials to the Court for in camera inspection.¶
- If the Court ultimately rules that any portion of the grand jury materials should be released to the Post and public, the AP also seeks access to those records. Moreover, AP has jury materials ordered to be disclosed. WHEREFORE, The Associated Press respectfu s this Court enter an order granting this Motion, permitting it to intervene in t S m , e and granting it access to any grand
standing to intervene for this limited purpose. See, e.g., Miami Herald Pub! Co. v. McIntosh, 340 So. 2d 904, 908 (Fla. 1976) (“It has been recognized in Florida and elsewhere that the news media, even though not a party to litigation below, has standing to question the validity of an order [restricting access to court information] because its ability to gather news is directly impaired or curtailed.”); WESH Television, Inc. Freeman, 691 So. 2d 532, 535 (Fla. 5th DCA 1997) (media must be permitted to intervene and be heard on motion seeking access to public s); News-Press Publ’g Co. v. State, 345 So. 2d 865, 866 (Fla. 2d DCA 1977) (press rly permitted to intervene where the order in question had the “practical effect of ore difficult for the press to obtain information about the case which it may wis¶
dully submitted,¶
& LOCICERO PL¶
/s/ J. McElro J. McElroy Florida Bar No. 0845906 dmcelro dolawfirm.com Daniela Abratt Florida Bar No. 118053 dacohenAtIolawfirm.com 915 Middle River Drive, Ste. 309 Fort Lauderdale, FL 33304 (954) 703-3416 (phone) (954) 400-5415 (fax)¶
Attorneys for The Associated Press¶
CERTIFICATE OF SERVICE¶
I HEREBY CERTIFY that on this 23rd day of February, 2024 the foregoing document was electronically filed with the Clerk of the Court via the E-Portal, and was served this same day on all counsel of record, either via transmission of Notices of Electronic Filing generated by the E-Portal or in some other authorized manner.¶
By: /s/ _J. McElroy¶
Attorney¶