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 By: LANNA BELOHLAVEK, ESQUIRE Assistant State Attorney ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South Suite 1400 By: JACK GOLDBERGER, ESQUIRE June 30, 2008 Palm Beach County Courthouse 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, {sup}`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 {sup}`a`witness by the Defense and after being first duly sworn by the Court, was examined and testified as follows: THE COURT: Is this one case or two? MS. BELOHLAVEK: Two. THE COURT: May I see the PC {sup}`1`affidavit 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 {sup}`21`apply, is that correct, State? 4t1) %." URT: In case 2006036744 you ' ( {sup}`A` are cha ged with procuring a person under {sup}`18`for prostitution, asecond degree felony, maximum penalty of fifteen years Department of Corrections; minimum, some period of probation. No mandatory minimum {sup}`22`MS. BELOHLAVEK: Correct. {sup}`23`THE COURT: And in case number {sup}`06` {sup}`24`9454CF, you are charged with felony {sup}`25`solicitation 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 {sup}`t`under 18 for prosecution. A PSI wo1d be waived, you would be adjudicat uilty of both felonies, is that ►(~e {sup}`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 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 {sup}`I` As a special condition would say, pre-appr pproved ahead of e time, not after ehSs {sup}`f`ct by the Department of Correctio {sup}`S` ASici {sup}`n` {sup}`d`you would mean by that his comm ty {sup}`c`e" 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 {sup}`a`sexual 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 {sup}`1` {sup}`4`12ea 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 COURT: Can you read? 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, [REDACTED].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: [REDACTED], 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 A{sup}`c` ;)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 {sup}`a`standard order the bench up there regarding thi , told by the prosecutor. MS. LENHARDT: Judge, usually this is {sup}`e`probation 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? {sup}`1`MS. BELOHLAVEK: I didn't realize {sup}`2`until Ms. Lenhardt just told me that Judge {sup}`3`McSorley 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 {sup}`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 • {sup}`1`apply and everyone must initial them. We {sup}`2`will go over it. If you wish to change {sup}`3`you understand there is quite a bit of {sup}`4`latitude given the court in putting {sup}`5`somebody on community control. If you 6 7 8 9 10 11 12 13 {sup}`14`clear. want the community control {sup}`15`offic wgets this case the day he walks {sup}`16`ou 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. {sup}`I`want to k {sup}`v`at he will be doing for employm nt. want to know exactly where he Ding to be living {sup}`V`and I want it on t {sup}`C` 1 c rd now. It can 4s change but it c 4%1{sup}`1`change 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. {sup}`21`MS. BELOHLAVEK: Absolutely. {sup}`22`THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. {sup}`25`THE 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 {sup}`o`ender 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 {sup}`a`sexual {sup}`19`offender 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. {sup}`25`THE 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? MR. GOLDBERGER: Correct. THE COURT: And we will tal ut 8 that. {sup}`11`that requires the {sup}`s` {sup}`12`offender probat'dn THE COURT: But ot the one conditions of sex 13MS. BE : Correct. 15you w to disregard 948? He's read {sup}`16`it?(::) TH Now, rather than 948, do {sup}`17`MS. BELOHLAVEK: He's read it. 23in asecond as {sup}`a`part 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 {sup}`e` ar, everything, from the {sup}`d`eTiialks 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? THE COURT: They are as follows, you shall submit to amandatory curfew from {sup}`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 {sup}`6` restrictions regarding work or approve{sup}`d` 23 a.m., is that correct? 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 {sup}`r`due diligence, for what it's wor• ere is {sup}`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 {sup}`S` {sup}`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 {sup}`21`day and age I find it necessary to go over {sup}`22`exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no {sup}`25`telephone 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 approac{sup}`h` THE COURT: And then it states, unless approved by the victim, the therapist and the sen {sup}`e`ing 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 {sup}`w` , {sup}`h`any of the victims the court must approve it. 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. {sup}`I` don't believe I circled that one. {sup}`1`THE COURT: You did. {sup}`2`MR. GOLDBERGER: That's a mistake on our part. Actually the statute that he is pleading guilty to does not require the {sup}`8`one is not. He has already Veen in MS. BELOHLAVEK: I apologize, that {sup}`9`treatment with a private syc atrist. THE COURT: I understand that, but you circled it. {sup}`10`THE 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, {sup}`I` believe it's necessary at this don't point. {sup}`17`THE COURT: Has that been -- I assume {sup}`18`ou have a law degree and do not have {sup}`a` {sup}`19`l W Ph.D in a psychology or MD in psychiatry? > don't. MS. BELOHLAVEK: That is correct, {sup}`I` THE COURT: So it is just your judgement -- 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 {sup}`0`, THE COURT: F, if the victi under the age of 18, you shall ork or (II play or as {sup}`a`volunteer 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 {sup}`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? 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 {sup}`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 {sup}`s`that what you want? MS EL LAVEK: No. URT: But you do want the, you wil nview, own or possess any obscene Irnographic 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 {sup}`5`with. 6THE COURT: And do they regularly do 7 that? {sup}`8`{sup}`a` {sup}`4`SZpam. PROBATION OFFICER: Ye 25 THE COURT: Since {sup}`w` the pleasure of having so e e rom the Department of Cor ci shere. Okay. ,S, {sup}`v` {sup}`u`shall submit two specimens Aild sir0to the Florida Departm {sup}`o` Law Enforcement to be regi e-in the DNA data bank. J, you shall submit to {sup}`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 {sup}`1`at 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 {sup}`18`xistence? 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 {sup}`O` OURT: {sup}`S` {sup}`I`don'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, {sup}`I`research, 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. {sup}`I`go through all the programs in detail, review the science work potentials, Ifollow through on {sup}`a`daily 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. {sup}`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. {sup}`E`DEFENDANT: Most of the people {sup}`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 COURT: Students or teachers? 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 {sup}`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? 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 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 COURT: Do you have any questions about the terms of the plea? 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: {sup}`t`xpayers 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 MR. GOLDBERGER: It was the agreemen{sup}`t` 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 {sup}`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 {sup}`34` he has to do is the official State of Florida registration? 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. 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 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 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 COURT: Normally taking any prescribed medication? THE DEFENDANT: Only for cholesterol. THE COURT: Does that interfere with your mental ability? 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' {sup}`e`tnesses called. That your attor 141, you would have {sup}`a` right to co and cross examine, do you understa yo have a right to call witnesses I:{sup}`f`your 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 {sup}`21`if there were {sup}`a`trial, do you understand 22 those rights? {sup}`23`THE DEFENDANT: Yes, {sup}`24`THE COURT: Do you understand if you {sup}`25`are 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 COURT: Do you understand this is a plea in criminal court? 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 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 agreemen{sup}`t` we all we li Awith you, {sup}`m`4ti:;" '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 COURT: And I would view that as {sup}`a`significant 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 {sup}`a`breach 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 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 {sup}`a` factual basis. MS. SELOHLAVEK: In 069454 CF AMB, etween August 1, {sup}`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 {sup}`a`minor 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 {sup}`r`guardian in agreemen{sup}`t` 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 agreemen{sup}`t` with the plea? THE COURT: And community control will be given information concerning how to contact these victims? 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? 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, {sup}`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 {sup}`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 approve{sup}`d` by your probation officer. You will maintain an hourly accounting of all your activity on {sup}`a`daily log which you submit to the supervising officer upon request. You will remain confined to your** {sup}`2`Brillo Way, Palm Beach, Florida 33480. 3 Should you desire to move or go to {sup}`a` {sup}`4`different 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 {sup}`a`week, it can be more of en {sup}`a`their 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 {sup}`a` th :: ' usand feet of a school, day care center, {sup}`r`, playground or other place where children congregate. You shall not have any contact with the victims, directly or indirectly including through athird person {sup}`21`unless approved by victim's therapist and {sup}`22`the sentencing court. {sup}`23`You shall not work for pay or as {sup}`a` {sup}`24`volunteer at any school, day care center {sup}`25`park, 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 {sup}`a` warrantless sea or communit the probation officer of officer of your person,~ iIdbnce or vehicle. 15 16 17 18 {sup}`A`g i {sup}`u`shall 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 {sup}`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 {sup}`48` hours. 25 You shall not obtain or a use post 1office box without the prior approval of {sup}`2`the 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. AGA{sup}`r` 8MS. BELOHLAVEK: I'm so didn't 9hear it. {sup}`I`just 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 {sup}`t`son, residence or vehicle (S 4 includes yt ng you might possess like includes comp , cell phone and whatever other el {sup}`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 {sup}`23`judgments. 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 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(Re{sup}`s` 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