IN THE CIRCUIT COURT OF THE FLORIDA, CRIMINAL DIVISION STATE OF FLORIDA, JEFFREY EPSTEIN, Case Nos.2006-CF9454 AXX 2008-9381CF AXX Defendant. **NONPARTY [REDACTED] MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS** [REDACTED], a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files on the following grounds: 1. [REDACTED] is a victim of sexual abuse by defendant who was convicted of procuring a person under 18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit "A".) [REDACTED] presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB. 2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document 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 W 2009 MAY 12 PM 12: 17 SHARON R. BOOKMAN PALM BEACH COUNTY, FL CIRCUIT CRIMINAL DIVISION 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 (s %ark es 38- 40) (Exhibit "C".) 6. It is against public policy for these documents to have?shad and hidden from public scrutiny. As a member of the public, has a right to have these documents unsealed. Furthermore, these documents are relevant and material to civil action against defendant. As stated in the 1 1oquy, they were an inducement for defendant to enter into his guilty ple ey are proper objects of discovery. However, unless they are unsealed, i urtable 777 e 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. WHEREFORE movant requests the Court vacate the order sealing records and unseal tlaCO rnents. # CERTIFICATE OF SERVICE BY CERTIFY that a true and correct copy of the foregoing has been served via U.S. 'if and Facsmile this ('ay of May, 2009 to: Jack Alan Goldberger, Esq., Aiterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401. 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: NOTA CERTIFIED IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA. CASE NO. 06 CF 9454-A07B . W OBTS NUMBER 1006 CF 9454AXX COMMUNITY CONTROL VIOLATOR **CFN 20080267522 OR BK 22760 PG 1081 RECORDED 07/17/2008 08:52:50 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLL Pg 1081; (1pg)** Jeffrey E. Epstein PROBATION VIOLATOR DEFENDANT 1/20/53 RACE GENDER 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 | | ------------------------------------- | ----------------------------------------- | --------------------------- | ------------ | | | Felony Solicitation of Probation | 796.07(2)(F) | 3PF | 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 convicted 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 rch. 794, fewd and fascinous conduct rch. 800, or murder rs. 782.04, aggravated battery (s. 784.045), burglary rs. 810.02, carpacking rs. 812.133, or home invasion robbery rs. 812.135, or any other offense specified in section 943.325, the defendant shall be requested to submit blood specimens. and good cause being above. IT IS ORDERED THAT ADJUDICATION OF GUILTY BE WITHHELD | SENTENCE STAYED | The Court hereby stays and withholds as a position of sentence as to conduct and places the Defendant on Probation and rch. Community Control under the supervision of the Dept. of Consciousness conditions of probation set both in separate orders | | ------------------- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | SENTENCE DEFERRED | The Court hereby defers imposition of sentence until the defendant should be requested to submit blood specimens | The Defendant in Open Court must base his right to appeal or sent a freeman on the basis of a supposed inapplication of a long term within three days to avoiding the date sentence imposed for probation sending places of arrest in adjudication. The date of inview or re-based inview or the assessment of a probation taking and appeal on the expense of the State spend belonging to indigenous. DONE AND ORDERED by Open Court at Palm Beach County, Florida Adolph M M. Lincoln 30 June 10 11 05 405D 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-JAMB DIV W OBTS NUMBER 2088CF9381AXY 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 DATE OF BIRTH W RACE M GENDER [ ] SOCIAL SECURITY NUMBER [REDACTED] **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): | [X] 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 | [X] 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 convicted 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 reh. 794, lewd and laservious conduct reh. 800, or murder rs. 782.04, aggravated battery rs. 784.045, burglary rs. 810.02, carpacking rs. 812.133, or home invasion robbery rs. 812.135, or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens. [ ] and good cause being shown. IT IS ORDERED THAT ADJUDICATION OF GUILTY BE WITHHELD [REDACTED] SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to courtrust and places the Defendant on [ ] Probation and or [ ] Community Control under the supreme judgment of the Dept. of Corrections & Conditions of Probation set forth in separate order. SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence until [REDACTED] The Defendant in Open Court was advised of his right to appeal from the fullerency by referring sentence appeal to the Clerk of Court which thereby dissolves following the date sentence is imposed or probation sordered pursuant to this adjudication. The determination was also classified as requiring the assistance of courts of an agency such as a part of the expense of the State upon staying of and going to the assistance. DONE AND ORDERED by Open Court of Palm Beach County, Florida this 30 June 8 A Nehel Doule Punch IN THE CIRCUIT COURT OF THE FIFTEENT JUDICIAL CIRCUIT OF FLORIDA, IN AND FO PALM BEACH COUNTY CASE NO. 2006 CF 009454A DIVISION W Seffrey Epstein ON July 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** Barker No. 528 **B** AR JUL 03 2008 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY CASE NO. 06CF 009454XV DIVISION W Jeffrey Epstein ON 8/25/08 200-0035 IND: ES SUPERVISOR RECORD FILE COUNTY 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. COPY - 2 FILED 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: *attached RH* 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 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 2003 JUL 22 PM 3:12 SUBJECT: BACK CLEAN PROCEEDINGS COUNTY FL CIRCUIT COURT 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, 2008 Palm Beach County Courthouse Beginning at 9:40 o'clock, a.m. PHYLLIS A. DAMES, OF EXHIBIT C PORTER 2 THE COURT: It is going to be recorded. 3 MR. GOLDBERGER: That's fine. 4 THE COURT: Defendant needs to approach as well. 5 (Whereupon, there was a conference at the bench.) 6 7 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 23 25 THE COURT: I understand, that would also be invalidated should he violate his community control? 26 MR. GOLDBERGER: Absolutely. That 23 24 25 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 eve ing, we talked about another InducemeACZ,shall we say, to your taking this sthat the U.S. Attorney for the So rn District of the State of Flori eral prosecutor, N has agreed to a o rydsecution agreement 4(9 with you, me that if you successfully complete {sup}`a`on and do everything you're suppose they have, have agreed not to you federally, did you understand THE DEFENDANT: Yes, 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 abreach 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? MR. GOLDBERGER: Yes, I wlike to seal the copy. AQ't THE COURT: I want ed copy of that filed in this case. at is the only other condition of agreement that is influencing this d dant to make this decision? MR. SRGER: Absolutely. I think that's ight idea. turn to open court.) vTHE COURT: Mr. Epstein, is there ›Itthing else? THE DEFENDANT: No, 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 {sup}`a`year,