# IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, JEFFREY EPSTEIN, Defendant. Case Nos.2006-CF9454 AXX 2008-9381CF AXX • (14 NONPARTY MOTION TO VACATE ORDER SEALING RECORDS AND - ' UNSEAL RECORDS {sup}`c`• •) a, {sup}`a`nonparty, moves pursuant to the Rul ial Administration Rule 2.420(d)(5) to vacate the order scaling records an {sup}`o`documents 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 {sup}`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, {sup}`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) [ ] 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) [ ] 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 Seffrey Epstein ON July 2, 2008 FILED JUL 2 2008 Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ Presentence Investigation Report dated \_\_\_\_\_ 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 Jeffrey Epstein ON 8/25/08 **COPY RECORDED AND FILED COURT OF FLORIDA FIFTEEN JUDICIAL CIRCUIT OF FLORIDA** Psychiatric (Medical, etc.) Report dated \_\_\_\_\_ 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, 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 Lanna Belohlavek, Esq. Assistant State Attorney (interoffice) AB JUL 03 2008 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT 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 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 ORIGINAL June 30, 2003 Palm Beach County Courthouse Beginning at 3:40 o'clock, a.m. PHYLLIS A. DAMES, OF EXHIBIT C EXPORTER 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 {sup}`I` asked to come sidebar, er is {sup}`a` nonprosecution agre with the United States Attorney' ce that triggers as {sup}`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 {sup}`l` strict of Florida for any of {sup}`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: {sup}`I`understand, that would a:so be invaliJated should he violate his community control? MR. DOLDBERT,ER: Absolutely. That {sup}`1`nonprosecution agreement C) 4 ° {sup}`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 this{sup}`r`p sthat the with you, me rikc{sup}`e` 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 {sup}`a`monp;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 {sup}`a`significant inducement in accepting this plea. O {sup}`40` {sup}`1`agreement very carefully spelled out if {sup}`3`agreement, so we are well aware of it. there was abreach that would violate this {sup}`6`has signed that document? {sup}`7` THE COURT: Okay. I would request that {sup}`a`sealed copy of that -- Mr. Epstein {sup}`11`other condition of {sup}`12`influencing thislL ¢hsdant to make this {sup}`13`decision? THE COURT: I want led copy of that filed in this case. at is the only agreement that is {sup}`16`R Eurn to open court.) HE {sup}`21`these pleas unless they are freely and {sup}`22`voluntarily made. THE COURT: Because I don't take 23 THE DEFENDANT: {sup}`I`understand that. 24 THE COURT: I also don't want somebody cr anybody coming back {sup}`a`year, 25 that's MR. LD RGER: Absolutely. {sup}`I`think ight idea. COURT: hing else? Mr. Epstein, is there THE DEFENDANT: No, seal the copy. MR. GOLDBERGER: Yes, like to 777