Motion for protective order on a victim's deposition in Florida v. Epstein, 2008

IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA¶

Case No.: 502006CF009454AXXXMB¶

STATE OF FLORIDA¶

v.¶

JEFFREY EPSTEIN,¶

Defendant¶

MOTION FOR PROTECTIVE ORDER¶

COMES NOW, Witness [REDACTED]{sup}1 by and through undersigned counsel, respectfully moves for a protective order pursuant to Florida Rule Criminal Procedure 3.220(I)(1), requiring that the deposition of [REDACTED] be taken in this matter in conjunction with and at the same time with the deposition of [REDACTED] in the civil case captioned Jane Doe No. 3 v. Jeffrey Epstein, case no. 08-CV-80232-Marra/Johnson, United States District Court for the Southern District of Florida. As grounds therefore, Witness [REDACTED] states as follows:¶

1. 1. [REDACTED] has been subpoenaed for deposition in this case by the Defendant Jeffrey Epstein. The subpoena schedules the deposition for April 2, 2008.
2. 2. [REDACTED] is a victim in this matter who alleges that she was sexually assaulted by Defendant Jeffrey Epstein when she was 16 years old. [REDACTED] has brought a civil case against Defendant Epstein captioned Jane Doe No. 3 v. Jeffrey Epstein, case

APR 02 2008 45 AB¶

{sup}1 The witness is named here anonymously as “[REDACTED]” because of the sensitive allegations of sex abuse upon a minor involved in this case.¶

no. 08-CV-80232-MarraiS, United States District Court for the Southern District of Florida. This civil case alleges sexual assault against Defendant Epstein.¶

3. It is anticipated that will be questioned on the same facts and issues regarding her encounter with Jeffrey Epstein in both the civil and criminal cases.

4. It would protect the victim from harassment, as well as undue and necessary emotional stress and trauma, to have her deposition taken only Once by Defendant Epstein, rather than requiring that she unnecessarily revisit the emotional and traumatic facts in separate depositions for each case.

5. It would not prejudice the defense in its investjgatiotk or preparation of this case if the depositions in the civil case and the crimin econducted at the same time.

6. Florida Rule of Criminal P 3.220(1)(1) provides that the Court may issue a protective order “as is rop {sup}ato protect the witness from harassment, unnecessary inconvenience, or {sup}ahcio of privacy, including prohibiting the taking of the deposition.” Further Fla. Crim.P. 3.220(h)(1) contemplates that awitness in ) circumstances will oi be subject to one deposition: “In any case, no person shall be deposed morrEan on excep{sup}tby consent of the parties or by order of the court issued on good hoWn.”

This Court has the inherent authority to protect witnesses in acriminal case from potential emotional harm. State v. 626 So.2d 1338 (Fla. 1993); State v. Tarrago {sup}800So.2d 300 (Fla. 3d DCA 2001). A requirement that a single deposition be taken by Defendant Epstein for both the civil and criminal cases will avoid unnecessary emotional harm to Finally, the taking of two separate depositions of—by¶

Defendant Epstein would be harassment. A protective order under rule 3.220(1)(1) would prevent this harassment.¶

8. Counsel for Witness has contacted both the attorneys for the State and for Defendant Epstein regarding this request, and neither has responded.

WHEREFORE, Witness— respectfully requests a protective order requiring that the deposition in the criminal case and the civil case captioned Jane Doe No. 3 v. Jeffrey Epstein, case no. 08-CV-80232-Marra, United States District Court for the Southern District of Florida, be taken at the same time, and for such further relief as this Court deems just and proper.¶

Dated: March 31, 2008 Re,9pectfully submitted,¶

“4IV AN & MERMELSTEIN, P.A. Attorneys for Witness Y. Doe 18205 Biscayne Blvd. Suite 2218 Miami, Florida 33160 Tel: 305-931-2200 Fax: 305-931-0877¶

Jeffrey Herman jhermanahermanlaw.com Florida Bar No. 521647 Stuart S. Mermelstein ssma,hermanlaw.com Florida Bar No. 947245 Adam D. Horowitz Florida Bar No. 376980 ahorowitz@hermanlaw.com¶

CERTIFICATE OF SERVICE¶

I hereby certify that a true and correct copy of the foregoing was served by facsimile and U.S. mail on this the 31 day of March, 2008 to: Jack A. Goldberger, Esq., 250 Australian Avenue South, Suite 1400, West Palm Beach, FL 33401; Lanna Leigh Belohlavek, Esq., State Attorney’s Office, 401 N. Dixie Hwy., West Palm Beach, FL 33401-4209.¶