IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 ~~2006 COD 9454 AND~~ JEFFREY EPSTEIN, Petitioner, STATE OF FLORIDA, PALM BEACH NEWSPAPERS, INC., [REDACTED], AND [REDACTED] Respondents. SUPPLEMENTAL APPENDIX TO PALM BEACH NEWSPAPERS, INC., d/b/a THE PALM BEACH POST'S RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI [REDACTED] LOCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3{sup}`rd` Avenue, Suite 1500 Ft. Lauderdale, FL 33301 | Transcript of June 10, 2009 hearing | 1 | | --------------------------------------- | ------------------------------------------------------ | | Of the Fifteenth Judicial Circuit | 2 | | | Emergency Petition for Enforcement of Crime V ' ghts | | Declaration of A. 1=Villafana | SAC(-\ | | In Support of United State's Respon | ictim's | | Emergency Petition for Enforcement of | ime Victim | | Motion for Stay | 7 | | Regulation, | Case No. 91-2108 (Fla. 2d Jud. Cir.), | **CERTIFICATE OF TYPE, SIZE AND STYLE** Counsel for Petitioners certifies that this Petition is typed in 14 point (proportionately spaced) Times New Roman. 09-22784 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION CASE NOS.: 2006-CF9454 AXX and 2008-CF9381 AXX STATE OF FLORIDA, JEFFREY EPSTEIN, Defendant. PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY J. COLBATH JUNE 10, 2009 11:08 A.M. - 11:25 A.M. PALM BEACH COUNTY COURTHOUSE WEST PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida West Palm Beach Office #100578 1 2 3 4 5 6 7 8 9 10 11 12 APPEARANCES: On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. {sup}`250`Australian Ave. South, Suite {sup}`1400` West Palm Beach, FL 33401 On behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. {sup}`515`N. Flagler Drive, Ste. {sup}`40` west Palm Beach, FL 33401-4 C WILLIAM J. BERGER, E RE J. RE On behalf of Third Party Rothstein Rosen 1 dler {sup}`401`E. Las O1 ., Suite {sup}`1650` Fort Laude FL 33394 On behalf oParty, The Post LLMAN, ESQUIRE , LoCiero & Bralow, PL 101 N.E. 3rd Avenue kite 1500 Fort Lauderdale, FL 33301-1181 # PROCEEDINGS BE IT REMEMBERED that the following proceedings were had and testimony adduced before the Honorable Jeffrey Colbsch, at the Palm Beach County Courthouse, West Palm Beach. Florida beginning at the hour of 11:08 a.m. on June 10. 2009, with appearances es herein noted CO-wit: THE COURT: State vs. Epstein. Lot ne have the record, announce everybody's appearance. MR. BERGER: Your Honor, William J. SLY and for non-party =I. MS. SHULLMAND Your Honor, Dean Shil n of l LOCiero a Bralow for non-port Palm leech Post. THE COURT: Let ne slow ittl• bit. On behalf of The Post is? MS. SHULLMAN: Dea an. THE COURT: B-M- NE. SHULL/IAN: •L-M-A-M. THE COURT. . inn. good morning. Hr. Berger, good morning. Mr. steer. your client is MR. B yes. TM Anybody else here? R. 'Moll. do . Thanks. : Brad on behalf of .= as THE COURT: Last name is spelled? MR. {sup}`E` -D -W-A-R-D-S. THE COURT: Okay. MR. GOLDBERGER: for the other side. Your Honor, Jack Goldberger along with Robert Critton on behalf of Jeffrey Epstein. THE COURT: It is the Post's and Rots. to Intervene for the purpose of unsealing tee 00000 . MR. BERGER: Yes, sir. THE COURT, Here's what I think I kno • I tell you this so that you can fill in the gaps you know that I don't know and suggest what you thin ought to do. It appears to me that chore wee so {sup}`a`cement -- an agreement that was sealed and th addendum or amendment to the agreement th Sled as to documents in the Court's files under it appears as though the punitive interveners unseal those end take {sup}`a` peak at them. I don't he any of the proper procedures to seal M i {sup}`c` h ones was ever followed to begin with. I do t now ut it's not lumping out at es when I reviews sf e. So, I'm thinking that It might be appropti • he burden night party. b State and Mr. Epstein, to give them the oppor{sup}`t`pity Ci jump through the hut -- hoops to seal the docume be on the moving they are entitled to have them sealed, then 3 3 3 issues. Picot of all i • not something that came up ahead of time whe • • vk • moving to close a hearing or file document or al Administrat aan important distinction {sup}`b` things t re one in advance and things that come up during ahe C A ag and the fact that maybe it gone to the Rule -- MR. GOLDSIRORRI Well, i Urt -- I know the Court is trying to short ci • • and the idea in theory 1. • not horrible, merrible. it's actually not so bad. But let m S • Court to a couple of about and situations the Rules that arise of Judicial during the course I.11 grant that request. If they're not entitled to seal then I'll order it as documents unsealed. But that's kind of procedurally where I think the case is. I will allow Mr. Berger and Ms. Shullman to argue if they wish to, otherwise I will go over to Kr. Goldberger and Mr. Critton to perhaps talk about what they think about my suggestion. Mr. Berger? KR. DRRORR: I -- I'd like to heir what thy. THE COURT: Ms. Shannon / THE COURT: Mr. Goldberger? MR. OOLDB[RGER: Your Honor -- {sup}`O` {sup}`S` NS. EXULLMAN: Agreed. THE COURT; I neon, It look\* lik th4 just handed up an Agreed Order to sign. of a hearing, that the Rules would not apply to that. Secondly. Motion to Intervene is brought under {sup}`a` Rule that doss not a Only because she brought it under {sup}`a` Rule that applies to non-criminal cases. Raving said that {sup}`I`know the Court's desire to get to the issues here and {sup}`I` just need to alert the Court to one other matter because {sup}`I` think it's really important. The Plaintiff'''. as this ear eeeee {sup}`r`already. They have this agreement nasi will tell you they have this agreement ThereA{sup}`g` {sup}`e` be two hearings in front of Judge Marra who ha cases here. The), moved to unseal the non- on {sup}`n`initial Order, a very, very well d Orde w0 h I have {sup}`a` copy for the Court. agreement in front of Judge Marra. KO > TR! COURT; S. thanks. 00LoRSROSR: Me • r • very. very well reasoned Order weighing st of the Plaintiffs to have access to the no ion agreement with the confidentiality tha rtios intended to be part of this agreenent. Rat • did, he, said they can have i this agreemen hay nreview it all they want. It they vent to rev ew 'th somebody else, they need to give them a c r• Order that it is not to be disclosed to any ne el . Subsequent to that -- so that's the Rule that's/ place right now. Subsequent to that the ri plaintiffs went back and said we rant co disseminate this order. We rant to disseminate this agreement to other parties and Judge Marra entered • second Order denying that request and said. no. My Order is in place but it you have some compelling reason why you rant this agreement to be disseminated to others. file • motion and come back to as. THE COURT: This is am • result of some civ litigation pending in the redeye' Courthouse? , MR. GOLDBERGER: Yes. THE COURT: As opposed to any criain eecution going on7 MR. GOLDBERGER: It is civil pro edi go that are going on in Federal Court. But S. interest of comedy. Your Honor, the Court has rule confidentiality agreement and has put awel procedure into place. It the Parties vs a eeeee n t unsealed where they need to go is go \*dotal Court end Judge mart& invited them THE COURT. be as it pertains to but what about The st2 MR. D the Court' on public {sup}`I`think -- and I think I know where this. It The Post's position is the {sup}`t`to act -- Access to this then there ie {sup}`a` proced place end ultimately the Court has to conduct U a hearing and do the balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. So : have no great objection to filing the Request for Closure and then Riots • hearing in front of the Court. THE COURT: Well, let's do I'm thinking out loud. I'm not ruling. I will give you all a chance to or e further, but this is what I'm thinking I will do nt the Motion to Intervene. tt gives standing to I gives standing to The Post to contest the at th••• were sealed. And then I will shift the bu a k on the State and D•f•odant, Mr. Ep • t• in . tO tit the Court to seal these documents. Until such time mt I rule on chat will leave them under seal bet they might have been correctly sealed but the ptoo u n't followed. There's got to be notice. 7 to comply with the Administrative order 2.3 • got co comply with the Rule of Judicial Admin ci n 2.420(d). I think even though that's a civ addresses a civil matter this is, you know. In me re of • civtl procedure. So, I'll do that. And k y for these Orders. So. where do we go from her inking out Berger? loud, not ruling. Mr. (I A R. S R: Judge, with all due respect I comply ly immerse with counsel's characterization of those two Orders. I don't know if ha handed up both you? to THE COURT: I do. MR. BEROER; They simply do not say whet he tells you they say. THE COURT: I'll reed them -- MR. BERGER: All right. THE COURT: -- and I'll allow you to make argument MR. BERGER: And -- and TIER COURT: -- at the time of the II motion to seal. MR. BERGER: All right. And, ale on't think the Court -- I think the Court needs al with this immediately, expeditiously. Th matter that the Supreme Court has placed in a scrutiny over. And the Rule chat in are trawl:1i we're not only traveling under • Rule lel Administration that applies to criminal a 1 oases, we're applying to an Administrative Or • of is Court that was in place when this sealing we me {sup}`d` that superseded the sealing. THE COi1R I'm just saying, I respectfully request that t not delay this one minute. URT: You've got the ag eeeee nts. MR. REIMER: Pardon me? THE COURT: You've got the OOOOOOO nts anyway. You've got what's under seal. MR. SZROZA: Judge, we cannot do anything with that. THE COURT: Take that up with Judge Marra. MR. ZEROER: No, sir. That is not what the Order says. May I Quote Judge Marra. 'If a specific tang'. • need arises in a civil case the relief should be t in that case.' In other words, the civil camas w front of Judge Hafele is one forum that Jud said go to it. Judge Karra did not say that t i t does not have jurisdiction to unseal its own so ad Solit or to II vacate its own Order sealing. And any ryfteritation is -- is false. THE COURT: I'll take a from it what Sc Say. -- wba ,hr it and I'll draw it says. I appreciate your zealous reprissentati r client. Please. it appears as though you' 1 g at me. > KS. SHOLLNAM: nor? THE COURT: lnan? MR. SHRO Jo e, this happens to be a very serious eat cry day of dolay delays our discovery. Z COO Hs. Shullman? S 'ULLMAN: Tour Honor, if I may be heard on the 3 0 Issue as well. As • representative of the public's right of access -- TUB COURT: Right. MS. SHULIMAM: here essentially. I would agree with Mr. Berger that we need an immediate hearing on this issue. That's what we're here to do today. I think I heard Your Honor say that he's not clear that the procedures were applied. My review of the record does not re that the procedures were complied with. My review all t Your Honor's. It looks like sort of overybod • reached the bench and Judge Pucillo said let's tak ner seal. If Mr. Epstein's counsel is not proper forward today end meat his burden, then I woul ask that this Court set a hearing as soon as pr cal because the right solution here should be to unsta records and then. You know THE COURT: I've go MS. SRULLMAM: - t y have to make • motion. THE COURT: W whouse is on fire? I mean, what is the -- I k w t they have to do is they've got to give tan da noti pursuant to the Rule -- the Administrat Rules of Judicial Administration. to go throe lfrocess. What whet prejudice is there? Whet h use C ilm,) iinning down it I say okay. State and defend g ahead and expeditiously move through the process and let's get this back on ay docket as Quickly as possible and give them until Friday to file their notice and ten days after that we have an evidentiary hearing. {sup}`I` go through the process then. What bad thing is going to happen by waiting these extra twelve to fifteen days? MS. SHULLHAN: The bad thing that's going to happen. Your Honor. Ls that the statue duo in Florida is that the constitutional right of access Ls openness. Aiftmi{sup}`L` MS. SHULLHAMI You know, certainly if •u onor As inclined to postpone this hearing I would • it be done expeditiously as you suggest. THE COURT: Yeah. MS. EMULLMAN: You know. Fr end then ten days thereafter, it just delays actor.nother two weeks and it infringes on our nigh THE COURT: I agree ger, I will let you answer that ease guest MR. BERG ink -- THE COURT: tbi specific rather than -- MR. BERG Ye rate co ' know, anything closed that the people sr • to look at is atransgression and any ( eb. transgr ssio • bad, but anything unique beyond that? BM BIARGER: Your Honor -- Your Honor, I do not +6s B believe that this Court has the jurisdiction to revisit the propriety of the sealing of these records and give the Defendant or the State, for that matter, asecond bite at the apple. If the records are sealed improperly. which the Court has said on its face that appears to have occurred, Ido not believe that this Court has jurisdiction to allow them • second bite at the apple to go through with the notice requirements. They should have done that i rnt of Judge Rutin° a year ago and they did not 6 . Th Rule of Judicial Administration 2.420 simply not give this Court the right to reactivate the pro at yon outlined. THE COURT: Okay. ( C) MR. BERGER. Thank you. THE COURT: Anything fur Critton? Goldberger or Mr. MA. GOLDSSROZIts Ju Your Honor. as far as the timing of this and A o do this expeditiously, of course. this sea o red not last week, not two weeks ago, not fo eat ago but eleven and one half months ago. Tb at ported this last July. So, {sup}`I` understand for the pubic to have access and we want to • quickly as possible but there is no fire h e. 'P {sup}`h`is no house burning. > 41(:: TCOURT: Then I'll go ahead and enter an Order as 0 0 11 I've indicated, that is that I'll grant the Intervener's motion to Intervene. You have standing. I will order chat the State and/Or the defense by noon Friday file • Notice of -- comply with the Administrative Order 2.303 and the Judicial Rule -- the Rule of Judicial Administration 2.420, paragraph d, that outlines the procedures to seal files in these types of cases and [ben we'll get • aring scheduled for argument on whether or not they wil sealed. until that time they will remain scale eue Judge pucillo signed off on the Order and I' inclined to disturb that until I find more about tb movant'S Position. of the MR. GOLDBERGER: Thank you. THE COURT, Anybody want tojt1 c• any of that mess to awritten Order? MR. I I'd lik Honor. I'd like to know if you're going to o • bearing date today. THE COURT, 1,11 wiFh that. Yeah. Let se give you some time. How ti take, / don't thi 'is ing to have any surprises. How much time do y Oink we need? A half hour? do you think it's going to nit. ED A 3 of more. I'd say an hour at the longest. T X ( :: COU 3 I'm not taking evidence or anything like that. I he meantime, do you agree it would be prudent for me to take alook and see what the content of these thing. are so I can be articulate on what -- their know about? I didn't do that for today's hearing? MR. GOLDBERGER: The defense -- MR. The non-prosecution agreement? THE COURT: Right. Whatever is under seal. Whatever it la that's under seal take alook at it so that {sup}`I` can at least have • feel for apparently what you {sup}`I` know and I don't. MR. OOLOBERCIR: The defense has no o c on THE COURT: Okay. I'll go ahead and h se two sealed documents and I.11 see you beck Mr. 001dberger and Kr. Crltton get the and Friday. Ten deya from this {sup}`F` about we do this on the 25th • uming that between now is the 22nd. How MR. GOLDBERGER. One m our Honor. That's tine with me. MR. BEROIR: {sup}`T` THE COURT: A great. Thank you •o much. ( St IRROCEZD {sup}`c` {sup}`l` CO LOPED) 41;eemme KR. OOLDBUR I T ank you. Judge. Dated this 10th day of June. 2009. LOURNER RAWLS, 91005/8 Co 0)w # CERTI FICATE I. L0CANNZ RAWLS, certify that I wee authorised to and did digitally report the foregoing proceedings and that the transcript is a true and complete record of my notes. | A | | | | | | | | -------------- | -------------- | -------------- | -------------- | -------------- | -- | -- | | acc | alert | arises | 4:9 5:4,7,8 | character... | | | | 7:24 | 5:18 6:6 | 10:8 | 8:23,24 9:4 | 8:25 10:13 | | | | access | allow | articulate | 9:7,10,13 | circuit | | | | 6:18 7:24 | 5:3 9:8 13:6 | 15:2 | 9:23 10:1,4 | 1:1,1 5:16 | | | | 11:2 12:8 | allowed | assuming | 10:5,21 | civil | | | | 12:15 13:22 | 12:23 | 15:12 | 11:5 12:17 | 7:8,13 8:19 | | | | addendum | amendment | Atterbury | 12:19,21,25 | 8:19,20 | | | | 4:14 | 4:15 | 2:3 | 13:14 15:18 | 9:19 10:8,9 | | | | addresses | and/or | Australian | beyond | clear | | | | 8:19 | 14:3 | 2:3 | 12:24 | 11:7 | | | | adduced | announce | 2:3 | bit | client | | | | 3:4. | 3:9 | 16:4 | 3:15 | 3:21 10:17 | | | | Adler | answer | Ave | bite | close | | | | 2:12 | 12:18 | 2:3 | 13:3,7 | 5:20 | | | | Administr... | Anybody | Avenue | Blvd | closed | | | | 5:22 8:18 | 3:23 14:14 | 2:19 | 2:13 | 12:22 | | | | 9:18 11:22 | anyway | AXX | Brad | Closure | | | | 13:10 14:5 | 10:2 | 1:4,4 | 3:24 | 8:4 | | | | 13:10 14:5 | apparently | a.m | 2:11 3:11 | Colbath | | | | Administr... | 15:8 | 1:19,19 3:6 | 2:11 3:11 | 1:17 3:4 | | | | 8:17 9:20 | appearance | | Bralow | come | | | | 11:22 14:4 | 3:9 | B | 2:18 3:13 | 5:23 7:6 | | | | advance | appearances | back | brought | comedy | | | | 5:23 | 2:1 3:7 | 7:1,6,18 | 6:2,3 | 7:14 | | | | ago | appears | 8:11 12:1 | burden | compelling | | | | 13:9,20,20 | 4:13,16 | 15:12 | 4:22 8:11 | 7:5 8:2 | | | | 13:21 | 10:18 13:5 | bad | 11:13 | complete | | | | agree | apple | 5:18 12:4,6 | Burman | 16:6 | | | | 11:4 12:17 | 13:4,7 | 12:24 | 2:6 | completely | | | | 14:25 | applied | balancing | burning | 8:25 | | | | Agreed | 11:8 | 8:1 | 11:24 13:24 | complied | | | | 5:10,14 | applies | Beach | | 11:9 | | | | agreement | 6:4 9:19 | 1:2,20,21,25 | | comply | | | | 4:13,14,15 | apply | 2:4,7 3:5,5 | C | 8:16,17 14:4 | | | | 6:8,8,9,12 | 6:1,3 | 3:13 | 3:1 16:1,1 | CONCLUDED | | | | 6:18,20,21 | applying | beginning | case | 15:21 | | | | 7:2,5,16,17 | 9:19 | 3:6 | 1:4 5:3 10:8 | conduct | | | | 15:5 | appreciate | behalf | 10:9 | 7:25 | | | | agreements | 10:16 | 2:2,5,9,16 | cases | confident... | | | | 9:25 10:2 | approached | 3:15,24 4:5 | 6:4,11 9:19 | 6:19 7:15 | | | | ahead | 11:10 | believe | 10:9 14:7 | constitut... | | | | 5:20 11:25 | appropriate | 13:1,6 | certainly | 12:8 | | | | 13:25 15:11 | 4:22 | bench | 12:10 | content | | | | al | 4:22 | 11:11 | certify | 15:1 | | | | 2:3,6 | argue | Berger | 16:4 | contest | | | | ALAN | 5:4 8:7 | 2:10 3:10,10 | chance | 8:10 | | | | 2:2 | argument | 3:20,21,22 | 8:7 | copy | | | | | 9:9 14:8 | | | | | | | 6:14,23 | D | 1:3 | evidence | find | | -------------- | -------------- | -------------- | -------------- | -------------- | | correctly | d | docket | 14:24 | 14:11 | | 8:15 | d | 12:1 | evidentiary | fine | | counsel | date | documents | 8:3 12:3 | 15:16 | | 6:8 11:12 | date | 4:15,19,25 | expeditio... | fire | | counsel's | date | 5:2,21 8:13 | 9:15 11:25 | 11:19 13:24 | | 8:25 | Dated | 15:12 | 12:12 13:18 | First | | County | 16:8 | draw | extra | 5:19 | | 1:2,20 3:5 | day | 10:15 | 12:5 | FL | | couple | 10:22 16:8 | Drive | E-D-W-A-R... | 2:4,7,14,21 | | 5:18 | days | 2:7 | 4:2 | Flagler | | course | 11:21 12:3,5 | due | 4:2 | 2:7 | | 5:25 13:19 | 12:14 15:14 | 8:24 | 2:9 3:11,22 | Florida | | Court | 9:14 14:18 | | 3:24 4:7 | 1:2,6,21,24 | | 1:1 3:8,15 | Deanna | E | 6:2,7 7:20 | 3:5 12:7 | | 3:18,20,23 | 2:17 3:12,17 | E | 8:9 | followed | | 4:1,3,7,10 | Defendant | 2:13 3:1,1 | F | 4:19 8:15 | | 5:9,11,13 | 3:21 16:1,1 | | F | 3:3 | | 5:15,16,18 | 1:13 2:2,5 | | F | foregoing | | 6:6,14,15 | 8:12 13:3 | | F | 16:5 | | 7:8,11,14 | defense | 2:11 3:11,24 | face | Fort | | 7:15,18,20 | 11:25 14:3 | 3:24 4:2,2 | fact | 2:14,21 | | 7:23,25 8:5 | 15:4,10 | 14:16,22 | fast | forum | | 8:6,12 9:3 | delay | 15:5 | | 10:10 | | 9:6,8,11,14 | 9:24 10:22 | eleven | false | forward | | 9:14,16,20 | delays | 13:20 | | 11:12 | | 9:22,24,25 | 10:22 12:15 | enter | 10:14 | four | | 10:2,5,11 | denying | 13:25 | | 13:20 | | 10:15,20,24 | denying | entered | Federal | Friday | | 11:3,14,17 | 7:3 | 6:12,16 7:3 | 6:10 7:9,14 | 12:2,14 14:3 | | 11:19 12:9 | desire | entitled | 7:18 | 15:14,14 | | 11:13,17,20 | 6:5 | 4:25 5:1 | feel | front | | 12:22 13:1 | digitally | Epstein | 15:8 | 6:10,12 8:5 | | 13:5,6,11 | 16:5 | 1:11 3:8 4:6 | fifteen | 10:10 13:8 | | 13:13,15,25 | disagree | 4:23 8:12 | | further | | 14:14,18,24 | 8:25 | Epstein's | FIFTEENTH | 8:8 13:15 | | 15:6,11,19 | disclosed | 11:12 | 1:1 | | | Courthouse | 6:23 | ESQUIRE | file | G | | 1:20 3:5 7:9 | discovery | 2:2,6,10,11 | 4:21 5:21 | 3:1 | | Court's | 10:23 | 2:17 | 7:6 12:2 | gaps | | 4:16 6:5 | disseminate | essentially | 14:3 | | | criminal | 7:1,2 | 11:4 | files | 4:11 | | 1:3 7:11 | disseminated | et | 4:16 14:7 | give | | 9:19 | 7:6 | 2:3,6 | filing | 4:23 6:22 | | Critton | distinction | everybody | 8:4 | 8:7 11:21 | | 2:6,6 4:5 | 5:22 | 11:10 | fill | 12:2 13:2 | | 5:5 13:16 | disturb | everybody's | 4:11 | | | 15:13 | 14:11 | 3:9 | | | | | DIVISION | | | | | 13:10 14:17 | hear | 5:22 6:7 | 10:10,11,21 | LoCiero | | -------------- | -------------- | -------------- | -------------- | -------------- | | 14:18 | 5:8 | improperly | 11:11 13:9 | 2:18 3:13 | | gives | heard | 13:4 | 14:10 15:20 | longest | | 8:9,10 | 10:25 11:6 | inclined | Judicial | 14:23 | | go | hearing | 12:11 14:10 | 1:1 5:21 | look | | 5:5 7:18,18 | 5:20,24 6:1 | incredible | 8:18 9:18 | 8:1 10:15 | | 8:22 10:11 | 8:1,3,5 | 9:16 | 11:22 13:10 | 12:23 15:1 | | 11:12,23,25 | 11:5,14 | indicated | 14:5,5 | 15:7 | | 12:4 13:7 | 12:3,11 | 14:1 | July | looks | | 13:25 15:11 | 14:7,17 | infringes | 13:21 | 5:13 11:10 | | goes | 15:3 | 12:16 | jump | Louanne | | 5:24 | hearings | initial | 4:24 | 1:23 16:4,11 | | going | 6:10 | 6:12 | jumping | loud | | 7:12,14,23 | HKLD | intended | 4:20 | 8:6,22 | | 8:3 12:4,6 | 1:16 | 6:19 | June | | | 14:17,19,20 | Honor | interest | 1:18 3:6 | M | | Goldberger | 3:10,12 4:4 | 6:17 7:14 | 16:8 | Marra | | 2:2,3 4:4,5 | 5:12 7:15 | 8:2 | Jurisdiction | 6:10,12 7:3 | | 5:5,11,12 | 10:19,25 | Intervene | 10:12 13:1,6 | 7:19 10:5,7 | | 5:15 6:16 | 11:7 12:7 | 4:8 6:2 8:9 | | 10:10,11 | | 7:10,13,22 | 12:10,25,25 | 14:2 | | matter | | 13:15,17 | 13:17 14:16 | interveners | | 6:6 8:19 | | 14:13 15:4 | 15:16 | 4:17 | kind | 9:15 10:22 | | 15:10,13,16 | Honorable | Intervener's | know | 13:3 | | 15:20 | 1:17 3:4 | 14:1 | 4:10,11,12 | mean | | good | Honor's | invited | 4:20 5:15 | 5:13 11:19 | | 3:20,21 | 11:10 | 7:19 | 6:5 7:22 | meet | | gotcha | hoops | issue | 8:20 9:1 | 11:13 | | 11:17 | 4:24 | 11:1,6 | 11:16 12:10 | merits | | government | horrible | issues | 12:14,22 | 14:11 | | 8:2 | 5:17 | 5:19 6:5 | 14:17 15:2 | mess | | grant | hour | | 15:8 | 14:14 | | 5:1 8:8 14:1 | 3:6 14:21,22 | | | minute | | great | house | J | | 9:24 | | 8:4 15:19 | 11:19,24 | J | Las | moment | | | 13:24 | 1:17 2:10,11 | 2:13 | 15:16 | | | | 3:10 | Lauderdale | months | | | hur | Jack | 2:14,21 | 13:20,21 | | Hafele | 4:24 | 2:2 4:5 | leave | 3:20,21 | | 10:10 | | Jeffrey | 8:14 | 3:20,21 | | half | | 1:11,17 3:4 | let's | motion | | 13:20 14:21 | | 4:6 | 8:6 11:11 | 4:7 6:2 7:6 | | handed | 5:16 | JR | 12:1 | 8:9 9:11 | | 5:13 9:1 | immediate | 2:6 | litigation | 11:18 14:2 | | happen | 11:5 | Judge | 7:9 | movant's | | 12:5,6 | immediately | 3:25 6:10,12 | little | 14:12 | | happens | 9:15 | 7:3,18 8:24 | 3:15 | move | | 10:21 | important | 10:4,5,7,10 | | | | 11:25 moved moving 4:22 5:20 | objection 8:4 15:10 occurred 13:5,19 Office 1:25 | 10:1 part 6:19 parties 6:19 7:3,17 party 2:9,16 4:23 | 11:23 prepared 11:12 procedurally 5:3 procedure 7:16,25 8:15 8:20 13:11 procedures 4:19 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-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | -------------------------------------------- | -- | | N | | | | R | | | N | 6:15 okay 4:3 11:24 13:13 15:11 Olas 2:13 openness 12:8 opportunity 4:24 opposed 7:11 order 5:2,14 6:13 6:13,17,23 7:2,3,4 8:17 9:20 10:6,13 11:22 13:25 14:2,4,10 14:15 | P | | | | | N | non-criminal 6:4 non-party 3:11,13 non-prose... 6:11,18 15:5 noon 14:3 NOs 1:4 Notary 1:24 note 13:17 noted 3:7 notes 16:6 notice 8:16 11:21 12:2 13:8 14:3 | Orders 8:21 9:1 ought 4:12 outlined 13:12 outlines 14:6 | P | | | | N.B. 2:19 | P | | | | | | O | 3:1 Falm 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16:6 | | 13:10 14:5 | s | 1:6,24 3:8 | test | transgres... | | 14:5 | s | 4:23 8:12 | 8:1 | 12:23,24 | | ruled | s | 11:24 13:3 | testimony | traveling | | 7:15 | s | 14:3 | 3:4 | 9:17,18 | | Rules | s | status | thank | true | | 5:21 6:1 | s | 12:7 | 8:21 13:14 | 16:6 | | trying | 6:17 | 1:19 | 5 | | | ------------- | --------------- | ------------- | ----- | -- | | 5:16 | went | 1400 | 515 | | | twelve | 7:1 | 2:3 | 2:7 | | | 12:5 | West | 1500 | | | | two | 1:21, 25 2:4 | 2:20 | | | | 6:10 9:1 | 2:7 3:5 | 1650 | | | | 12:15 13:19 | we'll | 2:13 | | | | 15:11 | 14:7 | | | | | types | we're | 2 | | | | 14:7 | 9:17, 19 11:6 | 2.303 | | | | | William | 8:17 14:4 | | | | | 2:10 3:10 | 2.420 | | | | | wish | 13:10 14:6 | | | | | 5:4 | 2.420(d) | | | | | words | 8:18 | | | | | 10:9 | 2006-CF9454 | | | | | written | 1:4 | | | | | 14:15 | 2008-CF9381 | | | | | | 1:4 | | | | | | 2009 | | | | | x | 1:18 3:6 | | | | | Yeah | 16:8 | | | | | 12:13 14:18 | 22nd | | | | | year | 15:14 | | | | | 13:9 | 25th | | | | | yelling | 15:15 | | | | | 10:18 | 250 | | | | | | 2:3 | | | | | z | | | | | | zealous | 3 | | | | | 10:17 | 3rd | | | | | | 2:19 | | | | | # | 33301-1181 | | | | | #100578 | 2:21 | | | | | 1:25 16:11 | 33394 | | | | | 1 | 2:14 | | | | | 1:30 | 33401 | | | | | 15:15 | 2:4 | | | | | 10 | 33401-4349 | | | | | 1:18 3:6 | 2:7 | | | | | 10th | 4 | | | | | 16:8 | 400 | | | | | 101 | 2:7 | | | | | 2:19 | 401 | | | | | 11:08 | 2:13 | | | | | 1:19 3:6 | | | | | | 11:25 | | | | 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. PROCEEDINGS HELD BEFORE THE HONORABLE JEFFREY J. COLBATH JUNE 10, 2009 11:08 A.M. - 11:25 A.M. PALM BEACH COUNTY COURTHOUSE WEST PALM BEACH, FLORIDA Reported by Louanne Rawls Notary Public, State of Florida West Palm Beach Office #100578 APPEARANCES: On behalf of the Defendant JACK ALAN GOLDBERGER, ESQUIRE Atterbury, Goldberger, et al. 250 Australian Ave. South, Suite 1400 West Palm Beach, FL 33401 On behalf of the Defendant ROBERT CRITTON, JR., ESQUIRE Burman, Critton, et al. 515 N. Flagler Drive, Ste. 400 West Palm Beach, FL 33401-4349 On behalf of Third Party [REDACTED] WILLIAM J. BERGER, 1 ESQUIRE [REDACTED] J. [REDACTED], ESQUIRE 1 Rothstein Rosenfeldt Adler 1 401 E. Las Olas Blvd., Suite 1650 Fort Lauderdale, FL 33394 14 15 1 On behalf of Third Party, The Post DEANNA 17 SHULLMAN, ESQUIRE [REDACTED], LoCiero & 18 Bralow, PL 101 N.E. 3rd Avenue 19 Suite 1500 20 Fort Lauderdale, FL 33301-1181 21 22 23 2 2 PROCEEDINGS RE IT REDAMERED that the following proceedings were had and testimony adduced before the Honorable Jeffrey Colbath, at the Palm Beach County Courthouse, West Palm Beach, Florida beginning at the hour of 11:08 a.m. on June 10, 2009, with appearances as herein noted to-wit: THE COURT: State vs. Epstein. Let me have for the record, announce everybody's appearance. MR. BERGER: Your Honor, William J. Berger and [REDACTED], Edwards for non-party [REDACTED] MS. SHULLMAN: Your Honor, Deanna Shullman of [REDACTED], LoCiero & Halow for non-party The Palm Beach Post. THE COURT: Let me slow down a little bit. On behalf of The Post is? MS. SHULLMAN: Deanna Shullman. THE COURT: S-H-U-L- MS. SHULLMAN: S-H-U-L-L-M-A-N. THE COURT: [REDACTED], Shullman, good morning. Mr. Berger, good morning. And Mr. Berger, your client is [REDACTED] MR. BERGER, [REDACTED], yes. THE COURT: Anybody else here? MR. [REDACTED]: Brad [REDACTED] on behalf of [REDACTED] as well, Judge. Thanks. THE COURT; taut nave is smelled? It. {sup}`w`-A-R-D-S. TEE COURT: Okay. MR. OOLDSERGEM: For the other side. Your Hamar. Jock Goldberger moms with Robert Critton on behalf of Jeffrey Epstein. TEE COURT; It is the Post's and Motion to Intervene for the purpose of unseal ing records? .t. Ill\*G2R. To. oar. Alitili t THE Caen. Here's what I think I know, and I tell you this so fill in the gaps of what you know that I don't know and suggest what you t t0 do. It appears to no that there was vow agreement -- an agreement that and then an addendum or amendment to the agreement that was Sealed as the Court's tiles under weal and it appears as though the punitive intervener t unseal those and take {sup}`a` peak at them. I don't see where any of the proper p {sup}`s`to seal the dOCuammts was ever roll/Ned to begin with. I don't know but it's Ing out at lee when I reviewed the file. So. I'm thinking that It might be athe burden might berm the moving party. being the State and Mr. Epstein. vs the opportunity to lorry through the hut • hoops to seal the documents if they to have them scaled. tnen I'll grant that request. If they're not entitled to seal then I'll order it as documents unsealed. But that's kind of procedurally where I think the case is. I will allow Mr. Berger and Shullman to argue if they wish to, otherwise I will go over to Mr. Goldberger and Mr. Critton to perhaps talk about what they think about my suggestion. Mr. Berger? MR. BERGER: I -- I'd like to hear what they say. THE COURT: [REDACTED] SIMILIANI: Agreed. THE COURT: Mr. Goldberger? MR. GOLDBERGER: Your Honor - THE COURT: I mean, it looks like they just handed up an Agreed Order to sign. MR. GOLDBERGEN: Well, if the Court -- I know the Court is trying to short circuit here and the idea in theory is not horrible, it's not terrible, it's actually not so bad. But let me alert the Court to a couple of issues. First of all, this is not something that came up ahead of time where we were moving to close a hearing or file documents under seal and the Rules of Judicial Administration makes an important distinction between things that are done in advance and things that come up during a hearing and the fact that maybe it goes to the Rule -- talk about situations that arise during the course ■ 3 ai or ahearing, that the Rules weld not apply to that. Secondly. •taion to intervene is brought under aRule that does not apply because she brought it under aRale that applies to non-crielnal eases. Having said that i know the Court's desire to get to the Issues here and I just need to alert tee Court to one rather matter because i think its really important. The Plaintiff's.IIIII has this agreement already. They have this agreement. Counsel will tell you they have this agreement. There have been two hearings in front of Judge Harra who has the Federal cases here. They moved to unseal the nonprosecution agreement in front of Judge mute. We entered an initial Order, • well reasoned order whichthavedoopy for the Court. WE COURT; thanks. MR. 031.0REROER: He entered a very, very well relacind the interest or the Plaintiffs CO have access to the non-', {sup}`i` .t with the confidentiality that the parties intended to be pert of t. And what he did, he said trey can have this agreement. They can :mid all t want. If they went to review it with scembody else, they need. to give of this Order that it is not to be disclosed to anyone else. subsequent that's the Rule that's in place right now. Subsequent to teat the Fl Federal Courthouse? THE Allic COURT: This is as {sup}`a`result of some civil litigation pending MR. GOLDBERG:ER yes. DIE COURT- As opposed to any criminal prosecution MR. 001.0SERGER: It is civil proceedings that are in the interest of cOliMIY. Your Honer. the Court agreement and has put awell reasoned {sup}`p` agreireent unsealed where they need to go invited them CO do so. in roderal amt. Rut Go the confidentiality If the parties want that rat Court and Judge Marra Plaintiffil went back and said we want to disseminate this Order. we want to disseminate trite agreement CO other partzes and Judge Haire entered asecond Order denying that request and said. no. My Order is in place but if you nave some coispellisq reason why you want this agreement to be disteresnated td others, file amotion and come back to WE COURT: That mmy be it Maine boll'''. but whet about The Poet? HR. COLDSEXCER: The Post's position • procedure in place Ithink I know where the Court is going on thaS. if • right to ace -- access co this chain there is {sup}`a` {sup}`Y`the Court has to conduct AC V ) a hearing and do the balancing test where you look at whether there is some compelling government interest and that's going to require an evidentiary hearing. So I have no great objection to filing the Request for Closure and then have a hearing in front of the Court. THE COURT: Well, let's do -- I'm thinking out loud. I'm not ruling. I will give you all a chance to argue further, but this is what I'm thinking I will do, grant the Motion to Intervene. It gives standing to [REDACTED] It gives standing to The Post to contest the fact that these were sealed. And then I will shift the burden back on the State and Defendant, Mr. Epstein, to petition the Court to seal these documents. Until such time that I rule on that I will leave them under seal because they might have been correctly sealed but the procedure wasn't followed. There's got to be notice. You've got to comply with the Administrative order 2.303. You've got to comply with the Rule of Judicial Administration 2.420(d). I think even though that's a civil -- it addresses a civil matter this is, you know, in the nature of a civil procedure. So, I'll do that. And thank you for these Orders. So, where do we go from here? I'm thinking out loud, not ruling. Mr. Berger? MR. BERGER: Judge, with all due respect I completely disagree with counsel's characterization of NOTA CERTIFIED those two Orders. I don't know if he handed up both to you? THE COURT: I do. MR. BERGER: They simply do not say what he tells you they say. THE COURT: I'll read them -MR. BERGER: All right. THE COURT: -- and I'll allow you to make that argument - MR. BERGER: And -- and - THE COURT: -- at the time of the Renewed Motion to Seal. MR. BERGER: All right. And, also, I don't think the Court -- I think the Court needs to deal with this immediately, expeditiously. This is a matter that the Supreme Court has placed incredible scrutiny over. And the Rule that we are traveling under -- we're not only traveling under a Rule of Judicial Administration that applies to criminal and civil cases, we're applying to an Administrative Order of this Court that was in place when the sealing was done and that superseded the sealing. THE COURT: I - MR. BERGER: I'm just saying, I respectfully request that the Court not delay this one minute. THE COURT: You've got the agreements. IJ MR. BERCER: earden me? !NE COURT. Yau•vr got the agreements anyway. You•ye got what's under seer. MR. OS r. 3.49e. we cannot do anything with them. THE COCRT Take that up with Judge Marra. MR. 2O®1: NO, sir. That is not what the Order says. May I quote .ludge Warra. 'If aspecific tangible need arises an {sup}`a`civil case the relief should be sought in that case.' In otherwords, the civil cases which ore in front of Judge Maisie is met hat Judge Marra said go to Sc. Judge milera did not sey that this Court does not have unseal its own sealed records or to vacate its own Order sealing. And s satin tun to is is false. THE 00SPD: I.11 take alook at it and I'll draw {sup}`f` think it says. t appreciate your zealous representatket of as though you're yelling at me. says -- valet {sup}`I` Plume. St appears rod. SW ANN. Your Honor? THE 0OURTm . '