IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION¶
STATE OF FLORIDA,¶
JEFFREY EPSTEIN,¶
Defendant.¶
the following grounds: a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(dX5) to vacate the order sealing records ; Vivo documents in these files on¶
-
- is a victim of sexual
-
- endant 1 who was convicted of procuring a person under 18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit “A”.) presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB.
-
- On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-pro uti agreement and an addendum to non-prosecution agreement. See non-pro“ at of envelopes containing the sealed documents and also an Agreed Order Sealing ‘Document In Court File entered July 2, 2008 (Exhibit “B”.)
-
- 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
Case Nos.¶
NONPARTY- OTION TO VACATE ORDER SEALING RECORDS ANV UNSEAL RECORDS 14/.0¶
ON ‘D\6\tfi BY SCANNED PIN -32009¶
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).¶
-
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.
-
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 ( es 38- 40) (Exhibit “C”.)
-
It is against public policy for these documents to have been sealed and hidden from public scrutiny. As amember 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 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.
-
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 thwjlocuments.¶
CERTIFICATE OF SERVICE¶
HEREBY CERTIFY that atrue 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:¶
NOTA CERTIFIED¶
9540KC¶
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH UNIT OF THE CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY¶
CASE NO 06 CF 9454AXY W¶
OBTS NUMBER 006 CF 9454AXY¶
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)¶
[ ] COMMUNITY CONTROL VIOLATOR¶
Jeffrey E. Epstein¶
[ ] PROBATION VIOLATOR¶
DEFENDANT¶
1/20/53¶
RACE W¶
GENDER M¶
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 STATE NUMBER(S) | DEGREE |
|---|---|---|---|
| 1 | Felony Solicitation of Plastitution | 796.07(2)(F) | 30F |
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).¶
1 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 (ch. 794), fewd and later violent conduct (ch. 800), or murder (c. 752 04), aggravated battery (c. 784 045), burglary (c. 810 02), carpacking (c. 812 133), or being invasion number (c. 812 135) or any other offense specified in section 943 325, the Defendant should be ordered to submit bio-l specimens.¶
1 and guilty should be set forward IT IS ORDERED THAT ADJUDICATION OF THE DEFENDANT BE WATERFILLED.¶
SENTENCE STAMP [Signature]¶
Present and in Court of Charles County, California, July 21, 2008, 10:00 AM and attending the Defendant being committed to charge of her state of the compensation in case.¶
SENTENCE DEFERRED [Signature]¶
The Defendant should be ordered to submit bio-l specimens and attempts to attempt to release the sexual battery and carpacking in case set forward IT IS ORDERED THAT THE DEFENDANT BE WATERFILLED.¶
[Signature]¶
DEFENDANT SHOULD BE WATERFILLED AND PRESENT AND IN COURT OF CHARLES COUNTY, CALIFORNIA, JULY 21, 2008, 10:00 AM AND ATTENDING THE DEFENDANT BEING COMMITTED TO CHARGE OF HER STATE OF THE COMPENSATION IN CASE.¶
Detect Wall Paul 30 June 9 01¶
THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR PALM BEACH COUNTY¶
CASE NO OR CF-9581-AMB DIV W¶
OBTS NUMBER 2088CF9381XXY¶
[ ] COMMUNITY CONTROL VIOLATOR¶
CFN 20080267252 OR BK 22760 PG 0565 RECORDED 07/17/2008 08:06:42 Palm Beach County, Florida Sharon R. Bock, CLERK & COMPTROLLE Pg 0565; (1pg)¶
Jeffrey E. Epstein DEFENDANT¶
[ ] PROBATION VIOLATOR¶
1/20/53 DATE OF BIRTH¶
W RACE¶
M GENDER¶
[REDACTED] 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). | [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 considered 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), lewd and laservious conduct (ch. 800), or monder (c. 752.04), aggravated battery (c. 784.045), burglary (c. 810.02), carpacking (c. 812.133), or home invasion (chebery (c. 812.135), or any other offense specified in section 943.325, the defendant shall be required to submit blood specimens.¶
[ ] and good care should be shown. IT IS ORDERED THAT ADDITIONATION OF OR OTHER WITHHELD¶
SENTENCE STAYED [ ] The Court hereby stays and withholds imposition of sentence as to your name and places the Defendant on [ ] Probation and [ ] Community Consideration for the expression of the Defendant’s Consent to the prosecution of this sentence.¶
SENTENCE DEFERRED [ ] The Court hereby defers imposition of sentence and [ ]¶
The Defendant shall be required to submit blood specimens and to submit a plea of nolo contendere to the Defendant on the basis of the above sentence and to submit a plea of nolo contendere to the Defendant on the basis of the above sentence.¶
Nobel Dull Parker 30 June 8 [Signature]¶
IN THE CIRCUIT COURT OF THE FIFTEE JUDICIAL CIRCUIT OF FLORIDA, IN AND PALM BEACH COUNTY¶
CASE NO. 2006 CF 009454¶
DIVISION W¶
Seffrey Epstein ON July 2, 2008¶
FILE NO. 2- 2008 CIRCUIT COURT¶
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¶
Sealing in Sixteenth Exhibit B¶
JUL 03 2008¶
IN THE CIRCUIT COURT OF THE FIFTEEN JUDICIAL CIRCUIT OF FLORIDA, IN AND I PALM BEACH COUNTY¶
CASE NO. 06CF 009544XV¶
DIVISION W¶
Jeffrey Epstein¶
ON 8/25/08¶
FILED JUDICIAL CIRCUIT OF FLORIDA AUG 30 2008¶
Psychiatric (Medical, etc.) Report dated _____¶
Presentence Investigation Report dated _____ SCANNED from _____ AUG 30 2008¶
Other Addendum to the ren-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:¶
attached Dig¶
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¶
STATE OF FLORIDA ) vs ) JEFFREY EPSTEIN ) Defendant. )¶
CASE NO. 06 CF9454AMB V 08 9381CFAMB¶
PLEA CONFERENCE¶
FILED SUBJECT LACK OF RECORD UNRECORDED FILE FILED 08 JUL 22 PM 3:12¶
PRESIDING: HONORABLE DEBORAH DALE PUCILLOVE¶
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 3:40 o’clock, a.m.¶
C¶
.•, 40 (3 4 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 erence at the bench.)¶
Agg {sup}rl MR. GOLDBERGER: T son why {sup}I asked to come sidebar, {sup}eeis {sup}a nonprosecution agrre~et0etik with the United States Attorney4k ice that triggers as {sup}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 atoday. That is aconfidential /‹: ocument that the parties have agreed to. {sup}rJust in an abundance of caution, I wanted - to tell the court.¶
THE COURT: {sup}Itinderstand, that would also be invalidated should he violate his cotmunity control?¶
ZS MR. 3:L.:SERIES; Absclutely. That¶
MS. BELOHLAVEK: They spell all that out.¶
THE COURT: Mr, Epstein needs to come closer.¶
Mr. Epstein, your attorney has told me that in addition to everything, we talked about another Inducement, shall we say, to your taking this plea is that the U.S. Attorney for the Southern District of the State of Florida, federal prosecutor, has agreed to {sup}anonprosecution agreement with you, meaning that if you successfully complete probation and do everything you’re supposed to, they have, have agreed not to prosecute you federally, did you understand that)¶
( {sup}1 tignificant inducement in accepting this THE COURT: And I would view that as plea.¶
THE DEFENDANT: Yes,¶
S¶
MS. BELOHLAVEK: They are actually in court here today, also.¶
THE 23ORT: Okay.¶
MR. 3.2LOBER’3ER: And the plea¶
se 0 {sup}40 agreement very carefully spelled out if there was abreach that would violate this agreement, so we are well aware of it.¶
{sup}4THE COURT: Okay. I would request {sup}5that asealed copy of that Mr. Epstein {sup}6has signed that document?¶
{sup}8seal the copy. ii MR. GOLDBERGER: Yes, I d like to 77¶
{sup}10that {sup}11other condition {sup}oagreement that is {sup}12influencing thi Pendant to make this decision? THE COURT: filed in this ARK (..: {sup}Iwan a led copy of case. hat is the only¶
{sup}15that’s e_ right idea MR. GOLDBERGER: Absolutely. {sup}Ithink¶
{sup}16R turn to open court.)¶
{sup}17~T {sup}77HE COURT: Mr. Epstein, is there ‘Phything else?¶
{sup}21- these pleas unless they are freely and {sup}22voluntarily made. THE COURT: Because I don’t take¶
{sup}23THE DEFENDANT: {sup}Iunderstand that.¶
{sup}24THE COURT: I also don’t want {sup}25scmeboly :r anybody ccming back 3 year,¶
THE DEFENDANT: No,¶
HYLL:S A. :AMES, :FFICIAL REPCR-SR¶