Plea conference transcript, State of Florida v. Epstein, June 30, 2008

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. [REDACTED]¶

08 9381CFAMB¶

SHARON R. EOCK, CLERK PALM BEACH COUNTY, FL CIRCUIT CRIMINAL DIVISION¶

FILED¶

PLEA CONFERENCE¶

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: NS;¶

THEREUPON:¶

MR. GOLDBERGER: od morning, Judge, Jack Goldberger on e a of Jeffrey Epstein.¶

THE CO • ood morning.¶

MR OL EAGER: Your Honor, we are here oplea conference.¶

COURT: Raise your right hand.¶

er being called as {sup}awitness by the Defense and a ter being first duly sworn by the Court, was examined and testified as follows: JEFFREY EPSTEIN,¶

THE COURT: Is this one case or two? MS. BELOHLAVEK: Two. THE COURT: May I see the PC¶

THEREut94L¶

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.¶

THE COURT: Let me see the Indictment then?¶

I have one Indictme , Ine {sup}t Information?¶

MS. BELOHLAVE : rect.¶

THE COURT• e case is charged by Indictment, i charged by Information?¶

MS. EL LAVEK: Correct.¶

URT: In case 2006036744 you are char ed with procuring a person under felony, maximum penalty of fifteen years Department of Corrections; minimum, some {sup}O period of probation. No mandatory minimum apply, is that correct, State? for prostitution, asecond degree¶

THE COURT: And in case number {sup}06 9454CF, you are charged with felony solicitation to prostitution, athird¶

degree felony, punishable by amaximum penalty of five years in the Department of Corrections, and a minimum, probation. No mandatory minimums, correct?¶

{sup}9MR. GOLDBERGER: .Yes, Your Honor.¶

20 Honor. MR. GOLDBERGER: We so agree, Your¶

{sup}21MS. BELOHLAVEK: Yes.¶

{sup}22THE COURT: What is proposed — it {sup}23goes on for pages.¶

{sup}24MR. GOLDBERGER: Your Honor, much of {sup}25the documentation is acknowledgement by my¶

THE COURT: The defendant has no prior criminal record?¶

MS. BELOHLAVEK: Correc¶

THE COURT: You well as State reco S checked the NCIC as¶

its. MS. BELOH /14 AV : Yes.

¶

A S S’ THE CO R nd the guideline score sheet I e More me shows 21.5 months in /.’ the Department of Corrections as the lowest permissible prison sentence in months. Both sides agree to the preparation of the guideline score sheet?¶

1 client to community control, sex offender 2 status.¶

3 THE COURT: I understand.¶

4 Okay. What is proposed — those 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will b 7 pleading guilty to felony solici t to 8 prostitution and procuring a e under 9 18 for prosecution. A PSI would be waived, 10 11 you would be adjudicat uilty of both w, felonies, is that C7 r c e ?¶

12 94 r) MS. BELOH : Correct.¶

13 14 15 16 17 THE CO Al’sy’And on 06 9454, the defendan (o ce sentenced to 12-months in the P ach County — detention face He’s going to do time in the¶

18 L MS. BELOHLAVEK: Yes.¶

19 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? THE COURT: With credit for one day¶

VS’ ?¶

THE COURT: Following the six months sentence, the defendant will be placed on 12-months of community control one. The conditions of the community control are attached hereto and incorporated herein.¶

community control, he’s to ha As a special condition unsupervised contact with in and the supervising adult must approved — and {sup}I would say, pre-appr pproved ahead of time, not after ct by the Department of Correctio . nd you would mean by that his comm ‘ty ontrol officer?¶

LOHLAVEK: Correct.¶

COURT: The defendant is 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 designated as {sup}asexual offender pursuant to Florida all the Statute 943.0435 and must abide by corresponding requirements of the¶

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 a ea sheet that really spells out ms and conditions of community co Florida Statute 948.101, Mr. E stein, is that squiggle at the bot o {sup}rsquiggle?¶

THE DEFEN A es,¶

THE CO ould those be your initials?¶

THE EFENDANT: Yes,¶

THE COURT: Did you read all of that page?¶

’::)¶

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?¶

THE COURT: And signature on the plea the terms of the plea is this your sheet that recites {sup}Ijust read?¶

THE DEFENDANT: Yes, IIIIIF

¶

THE COURT: Did you read that document as well?¶

THE DEFENDANT: Yes, mat- A¶

THE COURT: You understand once you do your 12 months fol owed by your six months all in the ,each County jail you will then {sup}b {sup}ncommunity control which involv ing an electronic monitor attached y and —¶

..• S ’) OLDBERGER: Actually Your Honor, th Cgr ement of the parties is to, it’s community control one which is not monitor.¶

THE COURT: community control one, is that spelled out in here?¶

MR. GOLDBERGER: Yes, it is, Your Honor.¶

MS. BELOHLAVEK: He does not fall under the Jessica Lunsford Act which requires the bracelet.¶

1 THE COURT: Community control two.¶

2 MS. BELOHLAVEK: Correct,¶

3 THE COURT: Community control one — 4 that would be no electronic monitor?¶

8 you incorporating? THE COURT: Now which of the terms and conditions of community control one are¶

23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and THE COURT: The Court shall require intensive supervision and surveillance for¶

MR. GOLDBERGER: I through them with Your Honor.¶

AQ At THE COURT: {sup}C ? 0 ‘410, to be articula ; he plea sheet which is why I’m . the them appear¶

A lhe MR OL ERGER: These are the stan ditions of community control by stetaUte 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.¶

MR. GOLDBERGER: That is correct.¶

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 con ct with {sup}8his parole and probation off 10 during 11 public Confinement to an agreed upon sidence the tours away {sup}r , S service act i y, has that been articulated? employment and¶

{sup}21plea agreements which is why I’m asking. THE COURT: I have seen those sheets — I have seen them incorporated in¶

22 MR. GOLDBERGER: I see.¶

25 case? THE COURT: Is there some reason you didn’t use this particular document in this¶

MS. Brit: I believe Judge Mc Ii: {sup}01 has astandard order somew the bench up there regarding th mtold by the prosecutor.¶

the MS. LENHARDT: Judge, usually this is probation sheet she hands out to folks.¶

1MS. BELOHLAVEK: I didn’t realize until Ms. Lenhardt just told me that Judge McSorley has that.¶

4MR. GOLDBERGER: We’d be happy to execute that document, Your Honor. We were — we overreacted by just having him sign off on all conditions of community control.¶

8THE COURT: Well, this is —¶

9MR. GOLDBERGER: Perhaps the better practice would be —¶

11THE COURT: This is, the reason Judge McSorley does this which makes ultimate sense is we’re going to be here half the morning if we’re going to decide among ourselves now what the —¶

16MR. GOLDBERGER: That makes sense.¶

17THE COURT: I’m not going to leave this just unspecified.¶

19MS. BELOHLAVEK: We can take care of that right now if you could give us a few minutes.¶

22THE COURT: All right.¶

23These are the standard conditions that Judge McSorley normally uses. If you like them, you need to circle the ones that¶

25C)¶

apply and everyone must initial them. We will go over it. If you wish to change you understand there is quite abit of latitude given the court in putting somebody on community control. If you agree to some change, let me know, but understand at the outset that I’ i.”40g fan of specificity. Iwant to k at he will be doing for employm . want to know exactly where he go ng to be living and I want it on t eord now. It can change but it 56\9/1{sup}4 ” change with preapproval{sup}A 0t I want it crystal clear. IONt want the community control offic {sup}rw gets this case the day he walks ou th Palm Beach County to have any doubt 1.100,confusion as to exactly what this defendant is supposed to do, where he is O supposed to be when, exactly what I am {sup}~ requesting that officer to supervise.¶

MS. BELOHLAVEK: Absolutely.¶

THE COURT: Okay.¶

MR. GOLDBERGER: We will work on it.¶

Thank you, Your Honor.¶

THE COURT: We will recall that case.¶

(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. BELOHLAVE 4C;;) and Your Honor, o this defendant ,4{sup}1 :4141fall under the sex offender pro but we have included special oender conditions as part of the commun ty control and they are all circled there.¶

THE COURT: The plea agreement stated the defendant is designated as {sup}asexual O offender pursuant to Florida Statute 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.¶

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 to about A40,/oe that.¶

( ) {sup}44 MR. GOLDBERGER: Oka .¶

THE COURT: But 8 ZSot the one that requires the s qi tconditions of sex¶

ic offender probat’ El: Correct.¶

TH OU : Now, rather than 948, do you with to disregard 948? He’s read it?(:)¶

‘4,044r MS. BELOHLAVEK: He’s read it.¶

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 in asecond as {sup}apart of the whole plea.¶

THE COURT: So circled are¶

daily log which you will ub to your supervising officer up r uest. B, you will maintain a 1{sup}Y accounting of all your activ C:5 {sup}n{sup}a¶

My unders and about the daily At log, maybe I’m 1SS c” nfused from other weekly 1 ,guess it is submitted ahead of t that correct? r is the daily log is {sup}a cases I’ve¶

OBATION OFFICER: That is correct, amourHonor.¶

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 other activity. All that’s information that will be recorded in writing and the defendant will have a copy and he will know exactly where he is supposed to be when.¶

conditions, A, you will remain confined to your residence except one half hour before and after your approved employment, community service work or any other activity approved by your probation officer.¶

1 PROBATION OFFICER: That is correct, 2 Your Honor.¶

3 THE COURT: As will his supervising 4 probation officer. And then to document 5 6 that he’s supposedly done all that he himself will be keeping a daily log?¶

7 8 PROBATION OFFICER: That is correct, Your Honor.¶

9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in e 7`r me he meets with 12 the probation ?¶

13 PROS FILER: That is correct, 14 Your Ho .¶

15 COURT: Okay. So that applies 16 an F applies. Does E apply? No.¶

t4 1144”. 18 THE COURT: No. F — made one up, 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.¶

17 MS. BELOHLAVEK: Did I circle E?¶

24 MR. GOLDBERGER: That is correct, 25 Your Honor.¶

1 THE COURT: That’s a private 2 residence?¶

O¶

3 MR. GOLDBERGER: That is his home.¶

4 THE COURT: Does he own thd 5 residence?¶

6 MR. GOLDBERGER: He does, Your Honor.¶

7 THE COURT: Is there any possibility 8 that he no longer owns the residence?¶

9 MR. GOLDBERGER: No an cipated, 10 Your Honor.¶

11 THE COURT: . Should he not be 12 for whatever r o - 18-months is a long 13 time, shoul t be owning that 14 residenc r ble to reside there, he will 15 have h ligation of notifying his 16 pr n officer prior, and I emphasize t 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¶

information?¶

PROBATION OFFICER: That is correct.¶

THE 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?¶

PROBATION OFFICER: That is correct, Your Honor.¶

THE COURT: So let’s be clear, everything, from the day he walks out occurs in Palm Beach County, is that clear?¶

MR. GOLDBERGER: We understand, Your Honor. That’s correct.¶

THE COURT: Then the additional condition of his probation, they are not sex offender standard conditions, they are just conditions that are being imposed especially in this case?¶

THE COURT: They are as follows, you shall submit to a mandatory curfew from 10 p.m. to 6:00 a.m. regardless of any other restrictions regarding work or approved activity, there will be no exceptions to being at home in house from 10 p.m. to 6¶

0¶

1 a.m., is that correct?¶

2 MS. BELOHLAVEK: Yes.¶

{sup}3THE COURT: If the victim was under 4 5 6 7 8 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 care center, park, playground or othe {sup}A lace {sup}c it where children regularly congregl .¶

9 {sup}10Brillo is such a place Has someone verified that 358 El¶

11 MS. BELOHLAV 12 done prior to h ase. but that will be¶

THE C o 358 El Brillo will not be appro i it should happen to be one 15 thous, ce er, park, playground or other place — , 44p is rather open. from aschool, day care¶

18 19 MR. GOLDBERGER: Where children gather.¶

20 21 THE COURT: Where children regularly congregate.¶

22 MS. BELOHLAVEK: Right.¶

23 {sup}24Brillo Way is aresidential neighborhood, {sup}25are there areas there where children THE COURT: The Court knows 358 El¶

regularly congregate?¶

MS. BELOHLAVEK: I personally do not know.¶

THE COURT: Neither do I, which is why I’m asking. Has that been investigated?¶

MR. GOLDBERGER: We have 464149,ur due diligence, for what it’s wor ere is {sup}a of children congregating on that yet We think the address applies, {sup}toesn’t, we fully recognize that {sup}S {sup}h, fl’t live there. residential street. Ther¶

THE C Okay. D is, you shall not hav ny ontact with the victim, are they r-than one victim?¶

…) BELOHLAVEK: There’s several.¶

ti3/44Py THE COURT: Several, all of the {sup}&lt;ictims. So this should be plural. I’m making that plural. You are not to have any contact direct or indirect, and in this day and age I find it necessary to go over exactly what we mean by indirect. By indirect, we mean no text messages, no e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no¶

(…)¶

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 any of these victims with a message of any sort from you, is that clear?¶

THE DEFENDANT: Yes, INIIi :c¶

THE COURT: And then i {sup}I ; s, unless approved by the vi im {sup}e therapist and the sen en ing court. Okay.¶

THE DEFENDAN nderstand.¶

A THE COURT,?: the sentencing court. So, if ther desire which, I would think wo b abit strange to have cont 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.¶

believe it’s necessary at this point. MS. 13e. I — it is not require Aased upon the evaluation and my c t with that doctor, I don’t¶

THE COURT: Has ou have a law degree Ph.D in a psychology or MD in psychiatry? that been — I assume and do not have {sup}a¶

THE COURT: You did.¶

MR. GOLDBERGER: That’s a mistake on our part. Actually the statute that he is pleading guilty to does not require the —¶

THE COURT: I understand that, but you circled it.¶

MS. BELOHLAVEK: {sup}Iapologize, that one is not. He has already been in treatment with a private psychiatrist.¶

THE COURT: Whi h ou find to be an adequate substitutes ex offender program?¶

MS. BELOHLAVEK: That is correct, I don’t.¶

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 E?¶

THE COURT: F, if the victi wa under the age of 18, you shall ork or play or as {sup}avolunteer in a y Zltcol, day care center, park, pla and or other place where childre r arly congregate, is that understo 4/¶

THE DVIEN Yes,¶

congregate. What kind of work do you do? THE UN Children will be defined as any der the age of 18. There are {sup}a lot aces where children regularly¶

THE DEFENDANT: Banking.¶

/<:¶

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?¶

1THE DEFENDANT: Yes, [REDACTED].2MR. 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.¶

3THE COURT: Okay. And let me — condition G, which is circled, unless otherwise indicated in the treatment plan provided by sexual offender treatment program.¶

4MR. GOLDBERGER: That’s not in there.¶

5THE COURT: Is that what you want?¶

6MS. BELOHLAVEK: No.¶

7THE COURT: But you do want the, you will not view, own or possess any obscene pornographic —¶

8MS. BELOHLAVEK: Correct.¶

9THE COURT: Okay. But are you saying that this therapist can okay him to own certain pornographic material?¶

10MS. BELOHLAVEK: No, not at all.¶

11MR. GOLDBERGER: No, Your Honor.¶

12THE COURT: Would be really helpful if people read these things before they¶

13signed them thoroughly.¶

Unless otherwise indicated in the treatment plan. I’m just going to strike out, provided by the sexual offender treatment program. Is that what you intend, that his therapist can —¶

MS. BELOHLAVEK: No.¶

THE COURT: No?¶

MS. BELOHLAVEK: No.¶

THE COURT: Unless otherwise indicated.¶

MR. GOLDBERGER: The parties have agreed that during the period that he is — cannot be —¶

THE COURT: Condition G will now read, you shall not view, own, possess any obscene, pornographic or sexually stimulating visual or auditory material including telephonic, electronic media, computer program or computer services that are relevant to your deviant behavior pattern. And who is going to enforce that?¶

MS. BELOHLAVEK: The community control officer.¶

THE COURT: How?¶

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 5 with.¶

{sup}24THE COURT: Okay. Defendant to have {sup}25contact with the community control officer¶

THE COURT: And do they regularly do that?¶

PROBATION OFFICER: Ye .am.¶

THE COURT: Since wthe pleasure of having some e rom the Department of Cor c i shere.¶

Okay. , {sup}ushall submit two specimens o{sup}S {sup}to {sup}r to the Florida Departm oLaw Enforcement to be {sup}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.¶

at aminimum one time aweek.¶

Defendant to work at Florida Science Foundation, 250 Australian Avenue, {sup}4West Palm Beach, Florida. Is that {sup}5volunteer work or work for pay?¶

{sup}6MR. GOLDBERGER: It is a501C A’Ap {sup}8that will be doing charitable corporation that he has formed, 1 , nor,¶

{sup}9THE COURT: That he has formed?¶

MR. GOLDBERGER:¶

THE COURT: 4 ( a 7{sup}r ctly is Florida Science Foundat¶

iMR. GOBIStE R: Do you want to 14 explain?¶

{sup}15THE DEFENDANT: It funds science {sup}16programs around the state and the country.¶

{sup}17THE COURT: How long has it been in 18 (S {sup}e tIstence?¶

(::)¶

THE DEFENDANT: Fifteen years.¶

20+ THE COURT: How many programs has it 21 funded?¶

{sup}22THE DEFENDANT: Numerous, more than¶

{sup}24THE COURT: What is your position {sup}25with the organization?¶

THE DEFENDANT: President.¶

THE DEFENDANT: I’M an banker but my - vestment¶

THE COURT: , I mean with the science founda {sup}n¶

THE DEAUD T: We fund science ograms —¶

OURT: I don’t want to know what we do, I want to know what you do. How 1gten are you there?¶

THE DEFENDANT: I’m there every day, 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}Igo through all the programs in detail, review the science work potentials, Ifollow through on {sup}adaily¶

THE COURT: directors? Is there aboard of¶

THE COURT: Who’s on the board of directors?¶

THE DEFENDANT: Two attorneys.

¶

THE COURT: What exact Nyou do?¶

1 2 basis with what they have been given money to do.¶

3 4 THE COURT: Who are some recent grantees?¶

5 THE DEFENDANT: Harvard University.¶

6 7 8 There is afull program of Evolutionary Dynamics, Neuro Science Institut California, the Physics Insti IT.¶

9 10 11 THE COURT: Do you {sup}e to deal with anyone eighteen? uriA he age occasion of¶

12 13 l’N doe 1 ,/1401 THE DEFEN ot very often. It is, if someo {sup}ncollege — sorry. Ny,¶

14 15 c TH ( UR v: Right, that’s why I’m C Z I.we askin {sup}I uestion.¶

16 17 t DEFENDANT: Most of the people {sup}I fund are all usually professors.¶

18 19 20 21 22 THE COURT: Thank you. You understand that you can’t have contact with anyone if — this organization, do they ever have any involvement with high schools?¶

23 THE DEFENDANT: No,¶

24 THE COURT: Students or teachers?¶

25 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, {sup}Sit was reproduced.¶

THE COURT: The next conditio , you shall maintain a driving log. all not drive amotor vehicle wh one without prior approval of you) upervising officer.¶

If there axual contact, you shall submit O tt obationer’s or community {sup}c ee’s expense an HIV test with re is obe released to the victims, vict rent or guardian — will be vi , plural. Has that been done?¶

MR. GOLDBERGER: Not yet.¶

THE COURT: Do we have atime frame on that? I would think ASAP might be good on something like that.¶

actually do that at the jail. MS. BELOHLAVEK: I believe they can¶

THE COURT: At his expense?¶

THE COURT: I would request that that¶

be done within 48 hours?¶

You shall not obtain or use a post office box without prior approval of the supervising officer.¶

Okay. Are all those conditions you two have agreed to?¶

MS. BELOHLAVEK: Yes, Your Honor.¶

MR. GOLDBERGER: With the court’s amendments, yes.¶

THE COURT: Mr. Epstein, do you understand?¶

THE DEFENDANT: Yes, [REDACTED].¶

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.¶

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 Beach County jail followed by six months? Why not just send him to DOC?¶

MR. GOLDBERGER: It was the agreemen{sup}t of the parties, Your Honor. We just. decided that was the best way to tomplish Ag {sup}e what needed to be done here a parties agreed that that sentence sat c::1ed everyone’s requirement p.¶

THE COURT: a t xpayers of Palm Beach County is oto pay 18 months to house this ead of DOC?¶

MS EL LAVEK: Right.¶

OURT: You understand we’re lo ng positions left and right in county government because we haven’t got enough money but you want okay.¶

His requirement to register there 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?¶

THE COURT: Do you understand you will be required to register and this will be an ongoing life long obligation?¶

THE COURT: And this registration occurs when?¶

MS. BELOHLAVEK: Within 48-hours of release.¶

THE COURT: So when a gets out of the Palm Beach County eneeds to register? Okay. department — who is going to pr {sup}mwith the form?¶

MR. G ER: He actually registe ut t the Sheriff’s Office, Your Hono an do it out there.¶

E COURT: Okay. It has been brought to my attention that FDLE is the one who is statutorily required to handle these registrations but some of our municipal jurisdictions have taken it upon themselves to impose additional requirements, y’all understand that?¶

ri;\¶

‘46.)¶

MR. GOLDBERGER: Right.¶

THE COURT: What you are telling him¶

he has to do is the official State of Florida registration?¶

THE COURT: Mr. Epstein, Ineed to make sure you understand that that’s what’s required by this plea. Anyone on probation, community control is qu ed to live and abide by the laws. {sup}a jurisdiction you choose t re e in should have some additional ipal requirements you will be requir rder to comply with the law o g there, just like you can’t get aa g ticket or speeding ticket, co ly with those regulations but to make sure you understand be us I have seen some defendants who 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 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 registering, they will find and you will be locked up. you are and if you go anywhere without¶

0¶

THE DEFENDAN¶

THE COUR . {sup}4S’, . Any questions about that?¶

T E NDANT: No,¶

OURT: Did you read the plea in th ci uit court form that describes all e rights you are giving up by entering his plea?¶

THE COURT: I think I asked you before, can you read?¶

THE COURT: Are you under the influence of alcohol, drugs or medication today?¶

C)¶

1THE DEFENDANT: No,¶

2THE COURT: Normally taking any {sup}3prescribed medication?¶

4THE DEFENDANT: Only for cholesterol.¶

5THE COURT: Does that interfere with {sup}6your mental ability?¶

7THE DEFENDANT: No.¶

46,1( 0¶

8THE COURT: Do you unders you 9have an attorney, you have a flight to trial 10by jury, there is not goo be a jury 11trial. There won’ nesses called. 12That your attor you would have {sup}a 13right to co nd cross examine, do you 14understa yo have a right to call 15witne af your own and the court would {sup}16is ie {sup}a bpoenas to compel their attendance {sup}22those rights? ‘11114Irt State, like any other witness called by the that you right to not have if there remain to say were a have the right — absolute silent and that you would or do anything at the trial trial, do you understand¶

17¶

18¶

19¶

21¶

23THE DEFENDANT: Yes,¶

24¶

25are not aUnited States citizen your plea THE COURT: Do you understand if you (E)¶

could subject you to deportation pursuan{sup}t 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 COURT: Has anybody atened you, coerced you or promised you anything other than the terms his plea to get you to enter this¶

THE DEFEN {sup}N •T No.¶

THE CQBRR Do you understand this is a plea i ri nal court?¶

THE EFENDANT: 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 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 co ference at the bench.)¶

MR. GOLDBERGER: Threason why {sup}I asked to come sidebar e ere is {sup}a lc’ I;) nonprosecution agr {sup}ewith the United Ag* /14 States Attorne ice that triggers as {sup}a S c result of t • li44:;” {sup}aagreement. In other {sup}yh l,{sup}esigned off and said they Lwill osecute Mr. Epstein in the words, So4:: thern 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 21 to tell the court.¶

{sup}22THE COURT: I understand, that would {sup}23also be invalidated should he violate his {sup}24community control?¶

{sup}25MR. GOLDBERGER: Absolutely. That¶

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 tIng, we talked about another Inducem all we say, to your taking this plea ) that the U.S. Attorney for the ,Southern District of the State of Flori has agreed to osecution agreemen{sup}t with you, m {sup}1 1%014;’, that if you successfully complet robSrtion and do everything you’re supp , they have, have agreed not to deral prosecutor, pr that? you federally, did you understand¶

THE COURT: And I would view that as {sup}asignificant inducement in accepting this plea.¶

MS. BELOHLAVEK: They are actually in court here today, also.¶

THE COURT: Okay.¶

MR. GOLDBERGER: And the plea¶

1agreement very carefully spelled out if 2there was {sup}abreach that would violate this 3agreement, so we are well aware of it.¶

4THE COURT: Okay. I would reques{sup}t 5that asealed copy of that Mr. Epstein has signed that document?¶

thatii MOL ERGER: Absolutely. I think right idea.¶

( eturn to open court.)¶

24¶

25¶

MR. GOLDBERGER: Yes, I would like to seal the copy.¶

THE COURT: I want acled copy of that filed in this ca That is the only other condition of yhg greement that is Ak influencing th d ndant to make this decision? (Sj{sup}e l ,¶

THE COURT: Mr. Epstein, is there anything else?¶

THE DEFENDANT: No,¶

these THE COURT: Because I don’t take 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, two years from now saying, ‘lino, 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.¶

( 2 4.—) (Return to open {sup}ot.)¶

THE COURT: ht, Mr. Epstein, any questions u{sup}erights you are giving up b e ing this plea?¶

THE DEF NDANT: No¶

2005, the defendant in Palm Beach County did solicit or procure someone to commit prosecution on three or more occasions. 170,40., MS. BELOHLAVEK: between August 1, 2004 In 069454 CF AMB, and October 31,¶

And in 08 CF 9381 CF AMB between August 1, 2004 and October 9, 2005, the defendant did procure {sup}aminor under the age of 18 to commit prostitution in Palm Beach¶

{sup}ECOURT: State, please give me {sup}a fa C ua basis.¶

County also.¶

THE COURT: I find asufficient 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 sp several myself and I have spok`tt counsel, through counsel t eother victim, and I believe s.¶

THE COURT: victims under gi1teen, is that victim’s pa n {sup}rguardian in agreemen{sup}t with the ea regard to the¶

. ELOHLAVEK: That victim is not un r 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 lse from anybody else before I accept plea?¶

MR. GOLDBERGER: No, Yo onor.¶

your desire, you your client s plea. A( {sup}41/{sup}4 THE COURT: Mr. Goldberger, if it is¶

MR. GO RGER: Thank you, Your Honor, ahi time we would withdraw our prey’ uentered pleas of not guilty, enter p eas of guilty pursuant to negotiations with the State.¶

THE COURT: Mr. Epstein, {sup}Iam going to accept those pleas on your behalf. {sup}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 {sup}aPSI, I will sentence you at this time¶

pursuant to it. I will adjudicate you guilty of felony solicitation of prostitution, a third degree felony, case number 06 CF 00945A — 454 AMB, and procuring a person under 18 for prostitution, a second degree felony 08 CF 009381AMB.¶

With respect to the solicitation of prosecution, I will sentence you to twelve months in the Palm Beach County detention facility with credit for the one day served.¶

With respect to 08 CF 009381, I will sentence you to six months in the Palm Beach County detention facility, with credit for the one day served. That six month sentence is to be served consecutive to the twelve month sentence.¶

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¶

1¶

felony?¶

2¶

MS. BELOHLAVEK: Correct, the one that designates him a sexual offender.¶

3¶

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.¶

4¶

The special conditions are that 10 you are to have no unsupervised contact with minors and the supervising adult must 11 be approved by the Department of 12 Corrections. You are to be designated a 13 sexual offender pursuant to Florida Statute 14 943.0435 and you must abide by all 15 requirements of that statute which I have 16 read and we have discussed. 17¶

18¶

You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request.¶

1You will be residing at 358 El 2Brillo Way, Palm Beach, Florida 33480. 3Should you desire to move or go to {sup}a 4different location upon release from custody, you will get preapproval of that location from the Department of Corrections. You will have to c A to cyour lt t 7lheir of once community control officer {sup}a {sup}aweek, it can be more of discretion and you ar work at the Florida Science Fo n at {sup}250 Australian lAv c e4 est Palm Beach, {sup}S ir Florida. Y submit to amandatory 0 .m. to 6 a.m. curfew¶

5¶

6¶

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8¶

9 13 14 15 16 17 18 19 Ci le av {sup}ushall not live within {sup}a thCand feet of aschool, day care center, park, playground or other place where children congregate. You shall not have any contact with the victims, directly or indirectly including through athird person unless approved by victim’s therapist and¶

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25¶

the sentencing court.¶

You shall not work for pay or as {sup}a¶

volunteer at any school, day care center¶

park, play ground, other place where¶

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.¶

You shall submit two specimens of blood to Florida Enforcement to be data bank. You sh Department of Law registered with the DNA t bmit to {sup}a {sup}12warrantless sea h%b, the probation officer 13or community 1 officer of your 14person, i ce or vehicle.¶

{sup}15.4( ;? {sup}ushall maintain a driving log. 16You sha not drive amotor vehicle while alone without prior approval of the supervising officer.¶

You shall submit to, at probationer or community control expense {sup}a 21HIV test, the result of which is to be 22released to the victims or victim’s paren{sup}t 23or guardian. That has to be done within {sup}48 24 hours.¶

25You shall not obtain or a use post¶

office box without the prior approval of 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.¶

THE COURT: Yes, I did. AkA{sup}r¶

MS. BELOHLAVEK: I’m so , didn’t hear it. I just wanted {sup}t 7~/su77re.¶

THE COURT: And W3Srantless search by the comm t ontrol officer of the person, res-d cor vehicle understand son, residence or vehicle includes tyt ng you might possess like comp cell phone and whatever other elaborate devices there are to communicate electronically these days, okay. Good uck.¶

MR. GOLDBERGER: Thank you.¶

MS. BELOHLAVEK: Thank you.¶

THE COURT: Is there a judgment?¶

MR. GOLDBERGER: Yes, there should be judgments.¶

THE COURT: Was there acondition of community control that he pay or is he¶

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paying it?¶

MR. GOLDBERGER: Actually there is a cash bond posted, court cost can be deducted from the cash bond.¶

THE COURT: $574 is the total?¶

THE COURT: Is that to cover both cases?¶

MR. GOLDBERGER: Yes.¶

THE COURT: Thank you.¶

MR. GOLDBERGER: Thank you, Your Honor.¶

(Whereupon, at 9:48 o’clock a.m. the proceedings before the Court concluded.)¶

the Court at the 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 time and place aforesaid; and that the preceding pages bared from 1 through 49, inclusive, represent and accurate transcription of Ake onotes taken at said proceedings.¶

CERTIFICATE¶

THE STATE OF FLORIDA, COUNTY OF PALM BEACH.¶

affixed my official signature this 19th day of July, 2008. IN WITNESS WHEREOF, I have hereunto¶

catfritg— PHYL S A. DAMES¶