| | | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 1 of 50 | |---|----|--------------------------------------------------------------------------------------| | 2 | | 1 | | | 1 | IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT | | | 2 | IN AND FOR
PALM BEACH COUNTY, FLORIDA | | | | CRIMINAL DIVISION | | | 3 | | | | 4 | | | | S | STATE OF FLORIDA
)
) | | | | vs
)
CASE NO. 06 CF9454AMB | | | 6 | )
08 93B1CFAMB
JEFFREY EPSTEIN
) | | | 7 | ) | | | | )
Defendant. | | | 8 | ) | | | 9 | | | | 10 | PLEA CONFERENCE | | | | | | | 11 | HONORABLE DEBORAH DALE PUCILLO
PRESIDING: | | | 12 | APPEARANCES: | | | 13 | ON BEHALF OF THE STATE: | | | | BARRY E. KRISCHER, ESQUIRE
State Attorney | | | 14 | 401 North Dixie Highway | | | 15 | West Palm Beach, Florida 33401 | | | 16 | By:
LANNA BELOHLAVEK, ESQUIRE
Assistant State Attorney | | | | | | | 17 | ON BEHALF OF THE DEFENDANT:
ATTERBURY, GOLDBERGER & WEISS,P.A. | | | 18 | 250 Australian Avenue South | | | | Suite 1400 | | | 19 | West Palm Beach, Florida 334C1
By:
JACK GOLDBERGER, ESQUIRE | | | 20 | CERTIFIED COPY | | | 21 | | | | | | | | 22 | | | | 23 | | | | | June 30, 2008 | | | 24 | Palm Beach County Courthouse
West Palm Beach, Florida 33401 | | | 25 | Beginning at 8:40 o'clock, a.m. | q% 4 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 2 of 50 2 | | 1 | BE IT REMEMBERED that the following | |------|----|----------------------------------------------------| | r -) | 2 | proceedings were had in the above-entitled cause | | | 3 | before the HONORABLE DEBORAH DALE PUCILLO, one of | | | 4 | the judges of the aforesaid court, at the Palm | | | 5 | Beach County Courthouse, located in the City of | | | 6 | West Palm Beach, State of Florida on June 20, 2008 | | | 7 | beginning at 8:40 o'clock, a.m. with appearances | | | 8 | as hereinbefore noted, to wit: | | | 9 | THEREUPON: | | | 10 | MR. GOLDBERGER:
Good morning, Judge, | | | 11 | Jack Goldberger on behalf of Jeffrey | | | 12 | Epstein. | | | 13 | THE COURT:
Good morning. | | | 14 | MR. GOLDBERGER:
Your Honor, we are | | | 15 | here for a plea conference. | | | 16 | THE COURT:
Raise your right hand. | | | 17 | THEREUPON: | | | 18 | JEFFREY EPSTEIN, | | | 19 | after being called as a witness by the Defense and | | | 20 | after being first duly sworn by the Court, was | | | 21 | examined and testified as follows: | | | 22 | THE DEFENDANT:
Yes, ma'am. | | | 23 | THE COURT:
Is this one case or two? | | | 24 | MS. BELOHLAVEK:
Two. | | | 25 | May I see the PC
THE COURT: | | | | | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 4 5 affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 10 11 12 I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by 13 Indictment, one is charged by Information? 14 MS. BELOHLAVEK: Correct. 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | Case 9:08-cv-80736-KAM | Document 463-3 Entered on FLSD Docket 07/08/2019
Page 4 of 50 | |------------------------|------------------------------------------------------------------| | 1 | degree felony, punishable by a maximum | | 2 | penalty of five years in the Department of | | 3 | Corrections, and a minimum, probation.
No | | 4 | mandatory minimums, correct? | | 5 | MS. BELOHLAVEK:
Correct. | | 6 | The defendant has no
THE COURT: | | 7 | prior criminal record? | | 8 | MS. BELOHLAVEK:
Correct. | | 9 | MR. GOLDBERGER:
Yes, Your Honor. | | 10 | You checked the NCIC as
THE COURT: | | 11 | well as State records? | | 12 | MS. BELOHLAVEK:
Yes. | | 13 | And the guideline score
THE COURT: | | 14 | sheet I have before me shows 21.5 months in | | 15 | the Department of Corrections as the lowest | | 16 | permissible prison sentence in months. | | 17 | Both sides agree to the preparation of the | | 18 | guideline score sheet? | | 19 | MR. GOLDBERGER:
We so agree, Your | | 20 | Honor. | | 21 | MS. BELOHLAVEK:
Yes. | | 22 | What is proposed -- it
THE COURT: | | 23 | goes on for pages. | | 24 | Your Honor, much of
MR. GOLDBERGER: | | 25 | the documentation is acknowledgement by my | | | | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 5 of 50 5 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 be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day 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? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 6 | 1 | MS. BELOHLAVEK:
Correct | |----|-------------------------------------------------| | 2 | THE COURT:
Following the six months | | 3 | sentence, the defendant will be placed on | | 4 | 12-months of community control one.
The | | 5 | conditions of the community control are | | 6 | attached hereto and incorporated herein. | | 7 | As a special condition of | | 8 | community control, he's to have no | | 9 | unsupervised contact with minors and the | | 10 | supervising adult must be approved -- and I | | 11 | would say, pre-approved, approved ahead of | | 12 | time, not after the fact by the Department | | 13 | of Corrections.
And you would mean by that | | 14 | his community control officer? | | 15 | MS. BELOHLAVEK:
Correct. | | 16 | The defendant is
THE COURT: | | 17 | designated as a sexual offender pursuant to | | 18 | Florida Statute 943.0435. and must abide by | | 19 | all the corresponding requirements of the | | 20 | statute, a copy of which is attached hereto | | 21 | and incorporated herein.
The defendant | | 22 | must provide a DNA sample in court at the | | 23 | and the
time of this plea.
Is this the -- | | 24 | attachments are the terms and conditions of | | 25 | There are some
community control. | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 7 of 50 7 1 squiggles on the bottom of the page, what 2 would those squiggles be? 3 MR. GOLDBERGER: Thank you, Your 4 Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 sheet that really spells out the terms and 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE. COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 1 THE DEFENDANT: Yes. rm 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it's 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 24 25 MS. BELOHLAVEK: He does not fall under the Jessica Lunsford Act which requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 8 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 9 of 50 , 9 1 THE COURT: Community control two. 2 MS. BELOHLAVEK: Correct. 3 THE COURT: Community control one -- 4 that would be no electronic monitor? 5 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019
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• | |--------|------------------------|------------------------------------------------------------------------------------| | | 1 | probation officer, specified by who? | | | 2 | —IRUBAT/Og—OFFICER:
Specifi6U
y you, | | | 3 | Your Honor. | | | 4 | I don't see that in the
THE COURT: | | | 5 | plea sheet.
That's why I'm asking the | | | 6 | questions.
No one has specified how often, | | | 7 | how frequently he is to have contact with | | | 8 | his parole and probation officer. | | | 9 | Confinement to an agreed upon residence | | | 10 | during the hours away from employment and | | | 11 | public service activity, has that been | | | 12 | articulated? | | ,f | 13 | I believe
MS. BELOHLAVEK: | | r
1 | 14 | Judge McSorley has a standard order | | | 15 | somewhere on the bench up there regarding | | | 16 | this, I'm told by the prosecutor. | | | 17 | MS. LENHARDT:
Judge, usually this is | | | 18 | the probation sheet she hands out to folks. | | | 19 | THE COURT:
I have seen those | | | 20 | sheets -- I have seen them incorporated in | | | 21 | plea agreements which is why I'm asking. | | | 22 | I see.
MR. GOLDBERGER: | | | 23 | THE COURT:
Is there some reason you | | | 24 | didn't use this particular document in this | | | 25 | case? | r PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | Cape 9:08-cv-80736-KAM | Page 11 of
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11 | |------------------------|-------------------------------------------------------------------------------| | 1 | I didn't realize
MS. BELOHLAVEK: | | 2 | until Ms. Lenhardt just told me that Judge | | 3 | McSorley has that. | | 4 | We'd be happy to
MR. GOLDBERGER: | | 5 | execute that document, Your Honor.
We were | | 6 | -- we overreacted by just having him sign | | 7 | off on all conditions of community control. | | 8 | Well, this is --
THE COURT: | | 9 | Perhaps the better
MR. GOLDBERGER: | | 10 | practice would be -- | | 11 | THE COURT:
This is, the reason | | 12 | Judge McSorley does this which makes | | 13 | ultimate sense is we're going to be here | | 14 | half the morning if we're going to decide | | 15 | among ourselves now what the -- | | 16 | That makes sense.
MR. GOLDBERGER: | | 17 | I'm not going to leave
THE COURT: | | 18 | this just unspecified. | | 19 | MS. BELOHLAVEK:
We can take care of | | 20 | that right now if you could give us a few | | 21 | minutes. | | 22 | All right.
THE COURT: | | 23 | These are the standard conditions | | 24 | that Judge McSorley normally uses.
If you | | 25 | like them, you need to circle the ones that | | | | ## Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 12 of 50 12 | 1 | apply and everyone must initial them.
We | |----|----------------------------------------------| | | will go over it.
If you wish to change | | 3 | you understand there is quite a bit of | | 4 | latitude given the court in putting | | 5 | somebody on community control.
If you | | 6 | agree to some change, let me know, but | | 7 | understand at the outset that I'm a big fan | | 8 | I want to know what he
of specificity. | | 9 | I want to
will be doing for employment. | | 10 | know exactly where he is going to be living | | 11 | and I want it on the record now.
It can | | 12 | change but it can only change with | | 13 | I want it crystal
preapproval by DOC. | | 14 | I don't want the community control
clear. | | 15 | officer who gets this case the day he walks | | 16 | out the Palm Beach County to have any doubt | | 17 | or confusion as to exactly what this | | 18 | defendant is supposed to do, where he is | | 19 | supposed to be when, exactly what I am | | 20 | requesting that officer to supervise. | | 21 | MS. BELOHLAVEK:
Absolutely. | | 22 | THE COURT:
Okay. | | 23 | We will work on it.
MR. GOLDBERGER: | | 24 | Thank you, Your Honor. | | 25 | We will recall that case.
THE COURT: | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | 1 | (Brief recess.) | |----|---------------------------------------------| | 2 | Your-nonor, we are
MR. GOLDBERGER: | | 3 | back on Jeffrey Epstein, actually it | | 4 | worked, we had an opportunity to go through | | 5 | Judge McSorley's conditions of community | | 6 | control and we asked the Department of | | 7 | Corrections representative to assist us to | | 8 | make sure we did everything properly. | | 9 | They were very helpful and we executed the | | 10 | document. | | 11 | MS. BELOHLAVEK:
Yes, and Your Honor, | | 12 | this defendant doesn't fall under the sex | | 13 | offender probation but we have included | | 14 | special sex offender conditions as part of | | 15 | the community control and they are all | | 16 | circled there. | | 17 | THE COURT:
The plea agreement stated | | 18 | the defendant is designated as a sexual | | 19 | offender pursuant to Florida Statute | | 20 | 942.035. | | 21 | MS. BELOHLAVEK:
Correct.
But the | | 22 | sex offender probation, the statute is | | 23 | different and only applies to certain | | 24 | offenses and this one was not enumerated. | | 25 | THE COURT:
Okay.
I want to make | | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019
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50 | |------------------------|-------------------------------------------------------------------------------| | 1 | sure both I and the defendant are clear. | | 2 | The sexual offender statute you are | | 3 | referring to in the plea sheet is the one | | 4 | that requires registration? | | 5 | MS. BELOHLAVEK:
Correct. | | 6 | MR. GOLDBERGER:
Correct. | | 7 | THE COURT:
And we will talk about | | 8 | that. | | 9 | MR. GOLDBERGER:
Okay. | | 10 | But it is not the one
THE COURT: | | 11 | that requires the special conditions of sex | | 12 | offender probation? | | 13 | MS. BELOHLAVEK:
Correct. | | 14 | Now, rather than 948, do
THE COURT: | | 15 | you want me to disregard 948?
He's read | | 16 | it? | | 17 | MS. BELOELAVEK:
He's read it. | | 18 | We will leave it in
THE COURT: | | 19 | But these conditions we are going
there. | | 20 | to go over right now are going to be viewed | | 21 | in my mind, yes, and they have been signed | | 22 | by the defendant and we will go over that | | 23 | in a second as a part of the whole plea. | | 24 | MS. BELOHLAVEK:
Correct. | | 25 | So circled are
THE COURT: | | | | | case 9:08-cv-80736-KAM | Document 463-3
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50 | |------------------------|--------------------------------------------------------------------------| | 1 | conditions, A, you will remain confined to | | 2 | your residence except one half hour
before | | 3 | and after your approved employment, | | 4 | community service work or any other | | 5 | activity approved by your probation | | 6 | officer. | | 7 | B, you will maintain an hourly | | | accounting of all your activities on a | | 9 | daily log which you will submit to your | | 10 | supervising officer upon request. | | 11 | My understanding about the daily | | 12 | log, maybe I'm just confused from other | | 13 | cases I've heard, is the daily log is a | | 14 | weekly log, I cuess it is submitted ahead | | 15 | of time, is that correct? | | 16 | PROBATION OFFICER:
That is correct, | | 17 | Your Honor. | | 18 | So part A, where he has
THE COURT: | | 19 | to stay in his residence except for one | | 20 | hour before and after the approved | | 21 | employment, community service work and | | 22 | All that's information
other activity. | | 23 | that will be recorded in writing and the | | 24 | defendant will have a copy and he will know | | 25 | exactly where he is supposed to be when. | | | | 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And.then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 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. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019
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17 | |------------------------|-------------------------------------------------------------------------------| | 1 | THE COURT:
That's a private | | 2 | residence? | | 3 | MR. GOLDBERGER:
That is his home. | | 4 | THE COURT:
Does he own the | | 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:
Not anticipated, | | 10 | Your Honor. | | 11 | Should he not be
THE COURT:
Okay. | | 12 | for whatever reason -- 18-months is a long | | 13 | time, should he not be owning that | | 14 | residence or able to reside there, he will | | 15 | have the obligation of notifying his | | 16 | probation officer prior, and I emphasize | | 17 | this, prior to his release from custody.
I | | 18 | assume that the department will be notified | | 19 | prior to, to his release? | | 20 | That is correct,
PROBATION OFFICER: | | 21 | Your Honor. | | 22 | And then you would need
THE COURT: | | 23 | to send someone to meet with him before he | | 24 | walks out of the Palm Beach County jail and | | 25 | verify his address and employment | | | | | 1 | information? | |----|---------------------------------------------| | 2 | PROBATION OFFICER:
That is correct. | | 3 | All address -- I assume
THE COURT: | | 4 | all of this to and from work and any other | | 5 | approved activities restricts him to Palm | | 6 | Beach County, is that correct? | | 7 | That is correct,
PROBATION OFFICER: | | 8 | Your Honor. | | 9 | THE COURT:
So let's be clear, | | 10 | everything, from the day he walks out | | 11 | occurs in Palm Beach County, is that clear? | | 12 | MR. GOLDBERGER:
We understand, Your | | 13 | Honor.
That's correct. | | 14 | Then the additional
THE COURT: | | 15 | condition of his probation, they are not | | 16 | sex offender standard conditions, they are | | 17 | just conditions that are being imposed | | 18 | especially in this case? | | 19 | MS. BELOHLAVEK:
Correct. | | 20 | They are as follows, you
THE COURT: | | 21 | shall submit to a mandatory curfew from 10 | | 22 | p.m. to 6:00 a.m. regardless of any other | | 23 | restrictions regarding work or approved | | 24 | activity, there will be no exceptions to | | 25 | being at home in house from 10 p.m. to 6 | | | | ## 50 18 | | Cage 9:08-cv-80736-KAM | Page11,9 of
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50 | |---|------------------------|--------------------------------------------------------------------------| | | 1 | a.m., is that correct? | | | 2 | MS. BELOHLAVEK:
Yes. | | | 3 | THE COURT:
If the victim was under | | | 4 | age of 18 years which I gather is the case | | | 5 | because it's circled, you shall not live | | | 6 | within 1000 feet of a school, day care | | | 7 | center, park, playground or other place | | | 8 | where children regularly congregate. | | | 9 | Has someone verified that 358 El | | | 10 | Brillo is such a place? | | | 11 | MS. BELOHLAVEK:
No, but that will be | | | 12 | done prior to his release. | | | 13 | THE COURT:
So 358 El Brillo will not | | • | 14 | be approved if it should happen to be one | | | 15 | thousand feet from a school, day care | | | 16 | center, park, playground or other place | | | 17 | this is rather open. | | | 18 | Where children
MR. GOLDBERGER: | | | 19 | gather. | | | 20 | Where children regularly
THE COURT: | | | 21 | congregate. | | | 22 | MS. BELOHLAVEK:
Right. | | | 23 | The Court knows 358 El
THE COURT: | | | 24 | Brillo Way is a residential neighborhood, | | | 25 | are there areas there where children | | | | | | | case 9:08-cv-80736-KAM | Document 463-3
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50 | |--|------------------------|-------------------------------------------------------------------------------| | | 1 | regularly congregate? | | | | MS. BELOHLAVEK:
I personally do not | | | 3 | know. | | | 4 | Neither do I, which is
THE COURT: | | | 5 | why I'm asking.
Has that been | | | 6 | investigated? | | | 7 | MR. GOLDBERGER:
We have done our due | | | 8 | diligence, for what it's worth, there is a | | | 9 | residential street.
There are not children | | | 10 | congregating on that street.
We think the | | | 11 | address applies, if it doesn't, we fully | | | 12 | recognize that he can't live there. | | | 13 | Okay.
D is, you shall
THE COURT: | | | 14 | not have any contact with the victim, are | | | 15 | there more than one victim? | | | 16 | There's several.
MS. BELOHLAVEK: | | | 17 | THE COURT:
Several, all of the | | | 18 | So this should be plural.
I'm
victims. | | | 19 | You are not to have
making that plural. | | | 20 | any contact direct or indirect, and in this | | | 21 | day and age I find it necessary to go over | | | 22 | By
exactly what we mean by indirect. | | | 23 | indirect, we mean no text messages, no | | | 24 | e-mail, no Face Book, no My Space, no | | | 25 | telephone calls, no voice mails, no | | | | | 1 3 4 messages through carrier pigeon, no mwo-sages IscuTh—third parties, no hey would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 9 unless approved by the victim, the 10 therapist and the sentencing court. Okay. 11 THE DEFENDANT: I understand. 12 THE COURT: And the sentencing court. 13 So, if there is a desire which, I would 14 think would be a bit strange to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. So, is this sex offender program 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | , | case 9:08-cv-80736-KAM | Document 463-3 Entered on FLSD Docket 07/08/2019
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50 | |---|------------------------|----------------------------------------------------------------------------| | | 1 | THE COURT:
You did. | | | | MRT—utibubta(Gftx:
ihargrfliginalOFivff | | | 3 | Actually the statute that he is
our part. | | | 4 | pleading guilty to does not require the -- | | | 5 | I understand that, but
THE COURT: | | | 6 | you circled it. | | | 7 | MS. BELOHLAVEK:
I apologize, that | | | 8 | He has already been in
one is not. | | | 9 | treatment with a private psychiatrist. | | | 10 | Which you find to be an
THE COURT: | | | 11 | adequate substitute for sex offender | | | 12 | program? | | | 13 | I -- it is not
MS. BELOHLAVEK: | | | 14 | required and based upon the evaluation and | | | 15 | my contact with that doctor, I don't | | | 16 | believe it's necessary at this point. | | | 17 | Has that been -- I assume
THE COURT: | | | 18 | you have a law degree and do not have a | | | 19 | Ph.D in a psychology or MD in psychiatry? | | | 20 | That is correct, I
MS. BELOHLAVEK: | | | 21 | don't. | | | 22 | So it is just your
THE COURT: | | | 23 | judgement -- | | | 24 | MS. BELOHLAVEK:
Correct. | | | 25 | THE COURT:
-- that his treatment | | | | | | , | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019 Paged of
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50 | |---|------------------------|--------------------------------------------------------------------| | | 1 | with some fancy private psychiatrist or | | | | | | | 3 | MS. BELOHLAVEK:
That is correct. | | | 4 | So you are not imposing
THE COURT: | | | 5 | E? | | | 6 | MS. BELOHLAVEK:
Correct. | | | 7 | THE COURT:
F, if the victim was | | | 8 | under the age of 18, you shall not work or | | | 9 | play or as a volunteer in any school, day | | | 10 | care center, park, play ground or other | | | 11 | place where children regularly congregate, | | | 12 | is that understood? | | | 13 | THE DEFENDANT:
Yes, ma'am. | | | 14 | THE COURT:
Children will be defined | | | 15 | as anyone under the age of 18.
There are a | | | 16 | lot of places where children regularly | | | 17 | congregate.
What kind of work do you do? | | | 18 | THE DEFENDANT:
Banking. | | | 19 | THE COURT:
Here in Palm Beach | | | 20 | County? | | | 21 | THE DEFENDANT:
Virgin Islands, | | | 22 | ma'am. | | | 23 | THE COURT:
You understand you will | | | 24 | not travel from Palm Beach County for the | | | 25 | duration of this? | | | | | 1 THE DEFENDANT: Yes, ma'am. 2 MR. G LubbRGERT--YOUr ffunurT- 1 -'m-3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | 1 | signed them thoroughly. | |----|-----------------------------------------------| | 2 | tJrfrerrtYCITSTWtS21.Tid catedr-in- he | | 3 | treatment plan.
I'm just going to strike | | 4 | out, provided by the sexual offender | | 5 | treatment program.
Is that what you | | 6 | intend, that his therapist can -- | | 7 | No.
MS. BELOHLAVEK: | | 8 | THE COURT:
No? | | 9 | MS. BELOHLAVEK:
No. | | 10 | Unless otherwise
THE COURT: | | 11 | indicated. | | 12 | MR. GOLDBERGER:
The parties have | | 13 | agreed that during the period that he is | | 14 | cannot be -- | | 15 | Condition G will now
THE COURT: | | 16 | read, you shall not view, own, possess any | | 17 | obscene, pornographic or sexually | | 18 | stimulating visual or auditory material | | 19 | including telephonic, electronic media, | | 20 | computer program or computer services that | | 21 | are relevant to your deviant behavior | | 22 | And who is going to enforce that?
pattern. | | 23 | MS. BELOHLAVEK:
The community | | 24 | control officer. | | 25 | THE COURT:
How? | | | | | case 9:08-cv-80736-KAM | Page2266 of
Document 463-3
Entered on FLSD Docket 07/08/2019
50 | |------------------------|--------------------------------------------------------------------------| | 1 | MS. BELOHLAVEK:
They have the | | 2 | Mird included—in there for
obirratiofi- | | 3 | warrantless search to check at any time his | | 4 | home, his computer, anything he has contact | | 5 | with. | | | THE COURT:
And do they regularly do | | 7 | that? | | 8 | Yes, ma'am.
PROBATION OFFICER: | | 9 | THE COURT:
Since we have the | | 10 | pleasure of having someone from the | | 11 | Department of Corrections here. | | 12 | H, you shall submit two
Okay. | | 13 | specimens of blood to the Florida | | 14 | Department of Law Enforcement to be | | 15 | registered in the DNA data bank. | | 16 | J, you shall submit to a | | 17 | warrantless search by your probation | | 18 | officer or community control officer of | | 19 | your person, residence or vehicle. | | 20 | G -- where is the G? | | 21 | That was under the
MS. BELOHLAVEK: | | 22 | original part, not under the sex offender | | 23 | one. | | 24 | THE COURT:
Defendant to have
Okay. | | 25 | contact with the community control officer | | | | | Case 9:08-cv-80736-KAM | Page;070f
Entered on FLSD Docket 07/08/2019
Document 463-3
50 | |------------------------|------------------------------------------------------------------------| | 1 | at a minimum one time a week. | | | nefPndant to,—woxk—at—Rioxida | | 3 | Science Foundation, 250 Australian Avenue, | | 4 | West Palm Beach, Florida.
Is that | | 5 | volunteer work or work for pay? | | 6 | It is a 501C
MR. GOLDBERGER: | | 7 | corporation that he has formed, Your Honor, | | 8 | that will be doing charitable work. | | 9 | That he has formed?
THE COURT: | | 10 | MR. GOLDBERGER:
Yes. | | 11 | What exactly is Florida
THE COURT: | | 12 | Science Foundation? | | 13 | Do you want to
MR. GOLDBERGER: | | 14 | explain? | | 15 | It funds science
THE DEFENDANT: | | 16 | programs around the state and the country. | | 17 | How long has it been in
THE COURT: | | 18 | existence? | | 19 | THE DEFENDANT:
Fifteen years. | | 20 | How many programs has it
THE COURT: | | 21 | funded? | | 22 | THE DEFENDANT:
Numerous, more than | | 23 | 50. | | 24 | THE COURT:
What is your position | | 25 | with the organization? | | | | | | Case 9:08-cv-80736-KAM | Page j8 of
Document 463-3
Entered on FLSD Docket 07/08/2019
50 | |---|------------------------|-------------------------------------------------------------------------| | | 1 | THE DEFENDANT:
President. | | / | 2 | Is the-re—a—beard e-f
THE—ea-UR-JP.: | | | 3 | directors? | | | 4 | THE DEFENDANT:
Yes, ma'am. | | | 5 | THE COURT:
Who's on the board of | | | 6 | directors? | | | 7 | THE DEFENDANT:
Two attorneys. | | | 8 | THE COURT:
What exactly do you do? | | | 9 | THE DEFENDANT:
I'm an investment | | | 10 | banker but my -- | | | 11 | THE COURT:
No, no, I mean with the | | | 12 | science foundation. | | | 13 | THE DEFENDANT:
We fund | | | 14 | science programs -- | | | 15 | THE COURT:
I don't want to know what | | | 16 | we do, I want to know what you do.
How | | | 17 | often are you there? | | | 18 | THE DEFENDANT:
I'm there every day, | | | 19 | I research, I take in people who want to | | | 20 | make presentations about why they need | | | 21 | money for funding medical research, | | | 22 | advanced science research.
My background | | | 23 | I go through all the
is in physics. | | | 24 | programs in detail, review the science work | | | 25 | potentials, I follow through on a daily | | | | | | , | ease 9:08-cv-80736-KAM Document 463-3 | Entered on FLSD Docket 07/08/2019 Pags39 of
50 | |--------|---------------------------------------|---------------------------------------------------| | | 1 | basis with what they have been given money | | )
f | 2 | to do. | | | 3 | Who are some recent
THE COURT: | | | 4 | grantees? | | | 5 | THE DEFENDANT:
Harvard University. | | | 6 | There is a full program of Evolutionary | | | 7 | Dynamics, Neuro Science Institute of | | | 8 | California, the Physics Institute, MIT. | | | 9 | Do you ever have occasion
THE COURT: | | | 10 | to deal with anyone under the age of | | | 11 | eighteen? | | | 12 | Not very often.
THE DEFENDANT:
It | | i t) | 13 | is, if someone is in college -- sorry. | | | 14 | THE COURT:
Right, that's why I'm | | | 15 | asking the question. | | | 16 | Most of the people I
THE DEFENDANT: | | | 17 | fund are all usually professors. | | | 18 | Thank you.
THE COURT:
You | | | 19 | understand that you can't have contact with | | | 20 | -- this organization, do they
anyone if | | | 21 | ever have any involvement with high | | | 22 | schools? | | | 23 | THE DEFENDANT:
No, ma'am. | | | 24 | THE COURT:
Students or teachers? | | < | 25 | THE DEFENDANT:
No, ma'am. | | | | | | 1 | THE COURT:
Okay. | |----|----------------------------------------------| | 2 | MS. BELOHLAVEK:
Those are | | 3 | duplicates, you will see those are the same | | 4 | as the ones on the previous page, however, | | 5 | it was reproduced. | | 6 | The next condition, you
THE COURT: | | 7 | shall maintain a driving log.
You shall | | 8 | not drive a motor vehicle while alone | | 9 | without prior approval of your supervising | | 10 | officer. | | 11 | If there was sexual contact, you | | 12 | shall submit to at probationer's or | | 13 | community controllee's expense an HIV test | | 14 | with results to be released to the victims, | | 15 | victim's parent or guardian -- will be | | 16 | Has that been done?
victims, plural. | | 17 | MR. GOLDBERGER:
Not yet. | | 18 | Do we have a time frame
THE COURT: | | 19 | on that?
I would think ASAP might be good | | 20 | on something like that. | | 21 | I believe they can
MS. BELOHLAVEK: | | 22 | actually do that at the jail. | | 23 | THE COURT:
At his expense? | | 24 | MS. BELOHLAVEK:
Yes. | | 25 | I would request that that
THE COURT: | | | | | | | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 31 of
31
50 | |--|----|------------------------------------------------------------------------------------------------| | | 1 | be done within 48 hours? | | | 2 | —posE--
You shall not obfain or use i | | | 3 | office box without prior approval of the | | | 4 | supervising officer. | | | 5 | Okay.
Are all those conditions | | | | you two have agreed to? | | | 7 | MS. BELOHLAVEK:
Yes, Your Honor. | | | 8 | MR. GOLDBERGER:
With the court's | | | 9 | amendments, yes. | | | 10 | THE COURT:
Mr. Epstein, do you | | | 11 | understand? | | | 12 | THE DEFENDANT:
Yes, ma'am. | | | 13 | THE COURT:
I need the defendant to | | | 14 | sign number D where I had an s added to | | | 15 | victim, and G, we struck out the otherwise | | | 16 | indicated language.
Otherwise, it is as | | | 17 | you agreed. | | | 18 | Mr. Epstein, do you understand | | | 19 | this is a somewhat complicated terms of the | | | 20 | plea that you've agreed to? | | | 21 | THE DEFENDANT:
Yes, ma'am | | | 22 | Do you have any questions
THE COURT: | | | 23 | about the terms of the plea? | | | 24 | THE DEFENDANT:
No. | | | 25 | Can I ask the State why
THE COURT: | | | | | | | case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 32 of
32
50 | |----|------------------------------------------------------------------------------------------------| | 1 | you choose -- or defense and the State | | 2 | together, why twelve months in the Palm | | 3 | Beach County jail followed by six months? | | 4 | Why not just send him to DOC? | | 5 | It was the agreement
MR. GOLDBERGER: | | 6 | of the parties, Your Honor.
We just | | 7 | decided that was the best way to accomplish | | 8 | what needed to be done here and the parties | | 9 | agreed that that sentence satisfied | | 10 | everyone's requirements. | | 11 | The taxpayers of Palm
THE COURT: | | 12 | Beach County is going to pay 18 months to | | 13 | house this guy instead of DOC? | | 14 | Right.
MS. BELOHLAVEK: | | 15 | THE COURT:
You understand we're | | 16 | and right in county
losing positions left | | 17 | government because we
haven't got enough | | 18 | money but you want --
okay. | | 19 | His requirement to register there | | 20 | is many, many
there is nine pages | | 21 | outlining the sexual offender's requirement | | 22 | to register with the department and | | 23 | penalty, have you read all those, | | 24 | Mr. Epstein? | | 25 | Yes, ma'am.
THE DEFENDANT: | | | | | | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019 Page33of
Document 463-3
33
50 | |-----|------------------------|--------------------------------------------------------------------------| | | 1 | THE COURT:
Do you understand you | | Tr\ | 2 | will be required to register and this wan | | | 3 | be an ongoing life long obligation? | | | 4 | THE DEFENDANT:
Yes, ma'am. | | | 5 | THE COURT:
And this registration | | | 6 | occurs when? | | | 7 | MS. BELOHLAVEK:
Within 48-hours of | | | 8 | release. | | | 9 | THE COURT:
So when he gets out of | | | 10 | the Palm Beach County jail, he needs to | | | 11 | And the department
register?
Okay.
who | | | 12 | is going to provide him with the form? | | | 13 | MR. GOLDBERGER:
He actually | | | 14 | registers out at the Sheriff's Office, Your | | | 15 | Honor, we can do it out there. | | | 16 | THE COURT:
It has been
Okay. | | | 17 | brought to my attention that FDLE is the | | | 18 | one who is statutorily required to handle | | | 19 | these registrations but some of our | | | 20 | municipal jurisdictions have taken it upon | | | 21 | themselves to impose additional | | | 22 | requirements, y'all understand that? | | | 23 | MS. BELOHLAVEK:
Correct. | | | 24 | MR. GOLDBERGER:
Right. | | | 25 | THE COURT:
What you are telling him | | | | | | Case9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019
Page 34 of
Document 463-3
34
50 | |-----------------------|-------------------------------------------------------------------------------| | •
1 | he has to do is the official State of | | 2 | F16ri"da rVgrgrYnaC1'DTc? | | 3 | MS. BELOHLAVEK:
Correct. | | 4 | THE COURT:
Mr. Epstein, I need to | | 5 | make sure you understand that that's what's | | 6 | required by this plea.
Anyone on | | 7 | probation, community control is required to | | 8 | live and abide by the laws.
So if a | | 9 | jurisdiction you choose to reside in should. | | 10 | have some additional municipal requirements | | 11 | you will be required in order to comply | | 12 | with the law of living there, just like you | | 13 | can't get a parking ticket or speeding | | 14 | ticket, to comply with those regulations | | 15 | but I want to make sure you understand | | 16 | because I have seen some defendants who | | 17 | have been confused about this.
If you | | 18 | don't, for example, if the Town of Palm | | 19 | Beach has you register that does not take | | 20 | Your requirement
care of your requirement. | | 21 | to register with FDLE through the Sheriff's | | 22 | office is separate, distinct and must be | | 23 | done on their form according to their | | 24 | schedule. | | 25 | THE DEFENDANT:
Yes, ma'am. | | | | ## Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 35 of 50 35 | 1 | And if
my experience
the
THE COURT: | |----|-----------------------------------------------------------------| | | ---
lasf
any value,
as
they
are
—TVW—TOITIThs | | 3 | very
serious
about
enforcing
this.
They | | 4 | will
be tracking
you for
the
rest
of
your | | 5 | life.
Do not
move.
Do not
go --
don't
I | | 6 | care
when you are
done
with
community | | 7 | know exactly
where
control,
they
need
to | | 8 | you are
and if
you go anywhere
without | | 9 | registering,
they
will
find
and you will
be | | 10 | locked
up. | | 11 | ma'am.
Yes,
THE DEFENDANT: | | 12 | Any questions
Okay.
THE COURT: | | 13 | about
that? | | 14 | ma'am.
No,
THE DEFENDANT: | | 15 | Did you read
the
plea
in
COURT:
THE | | 16 | describes
all
circuit
court
form that
the | | 17 | giving
up by entering
the
rights
you are | | 18 | this
plea? | | 19 | Yes,
ma'am.
THE DEFENDANT: | | 20 | think
asked
you
COURT:
THE
I
I | | 21 | can you read?
before, | | 22 | Yes.
THE DEFENDANT: | | 23 | Are you under
the
THE COURT: | | 24 | alcohol,
drugs
or
medication
influence
of | | 25 | today? | | | | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 1 THE DEFENDANT: No, ma'am. 2- THE- COURT: NWriffalTry- Wdairarfy 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with your mental ability? 7 THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. There won't be witnesses called. 12 That your attorney and you would have a 13 right to confront and cross examine, do you 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | • | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page3i7 of
50 | |----|------------------------------------------------------------------------------------------| | 1 | could subject you to deportation pursuant | | 2 | to tfiT—laws and reguTtions governing the | | 3 | United States Immigration and | | 4 | Naturalization Service and this court has | | 5 | no jurisdiction or authority in such | | 6 | matters, do you understand that? | | 7 | THE DEFENDANT:
Yes. | | 8 | THE COURT:
Has anybody threatened | | 9 | you, coerced you or promised you anything | | 10 | other than the terms of this plea to get | | 11 | you to enter this plea? | | 12 | THE DEFENDANT:
No. | | 13 | Do you understand this is
THE COURT: | | 14 | a plea in criminal court? | | 15 | Yes, ma'am.
THE DEFENDANT: | | 16 | in criminal
This has
THE COURT: | | 17 | court in Palm Beach County, State of | | 18 | Florida.
I have absolutely nothing to do | | 19 | with any civil matters or matters in any | | 20 | other jurisdiction, do you understand that? | | 21 | THE DEFENDANT:
Yes, ma'am. | | 22 | Is this plea in any way
THE COURT: | | 23 | tied to any promises or representations by | | 24 | any civil attorneys or other jurisdictions? | | 25 | May we come sidebar
MR. GOLDBERGER: | | | | | | | .Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Pagesi8 of
50 | |---|-----|-------------------------------------------------------------------------------------------| | • | 1 | on that, Your Honor? | | | - 2 | THE COURTT--Te—ts—
Tatug—ta—be | | | 3 | recorded. | | | 4 | That's fine.
MR. GOLDBERGER: | | | 5 | Defendant needs to
THE COURT: | | | 6 | approach as well. | | | 7 | (Whereupon, there was a conference at | | | 8 | the bench.) | | | 9 | The reason why I
MR. GOLDBERGER: | | | 10 | asked to come sidebar, there is a | | | 11 | nonprosecution agreement with the United | | | 12 | States Attorney's office that triggers as a | | | 13 | In other
result of this plea agreement. | | | 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 | That is a confidential
plea today. | | | 19 | document that the parties have agreed to. | | | 20 | Just in an abundance of caution, I wanted | | | 21 | to tell the court. | | | 22 | THE COURT:
I understand, that would | | | 23 | also be invalidated should he violate his | | | 24 | community control? | | | 25 | Absolutely.
That
MR. GOLDBERGER: | | | | | | , | | .Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 39 of
39
50 | |---|----|-------------------------------------------------------------------------------------------------| | | 1 | nonprosecution agreement -- | | | 2 | They spell all that
MS. BELOHLAVEK: | | | 3 | out. | | | 4 | THE COURT:
Mr. Epstein needs to come | | | 5 | closer. | | | 6 | Mr. Epstein,
your attorney has | | | 7 | told me that in addition to everything, we | | | 8 | talked about another Inducement, shall we | | | 9 | say, to your taking this plea is that the | | | 10 | U.S. Attorney for the Southern District of | | | 11 | the State of Florida, federal prosecutor, | | | 12 | has agreed to a nonprosecution agreement | | | 13 | with you, meaning that if you successfully | | | 14 | complete probation and do everything you're | | | 15 | supposed to, they have, have agreed not to | | | 16 | prosecute you federally, did you understand | | | 17 | that? | | | 18 | THE DEFENDANT:
Yes, ma'am. | | | 19 | And I would view that as
THE COURT: | | | 20 | a significant inducement in accepting this | | | 21 | plea. | | | 22 | MS. BELOHLAVEK:
They are actually in | | | 23 | court here today, also. | | | 24 | THE COURT:
Okay. | | | 25 | MR. GOLDBERGER:
And the plea | | | | | | | | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page4iO of
50 | |---|----|------------------------------------------------------------------------------------------| | | 1 | agreement very carefully spelled out if | | - | 2 | wasa bflEch—th-at—wonl-d—vtalate this
there— | | | 3 | agreement, so we are well aware of it. | | | 4 | I would request
THE COURT:
Okay. | | | 5 | that a sealed copy of that
Mr. Epstein | | | 6 | has signed that document? | | | 7 | MR. GOLDBERGER:
Yes, I would like to | | | 8 | seal the copy. | | | 9 | I want a sealed copy of
THE COURT: | | | 10 | That is the only
that filed in this case. | | | 11 | the agreement that is
other condition of | | | 12 | influencing this defendant to make this | | | 13 | decision? | | | 14 | I think
MR. GOLDBERGER:
Absolutely. | | | 15 | that's the right idea. | | | 16 | (Return to open court.) | | | 17 | Mr. Epstein, is there
THE COURT: | | | 18 | anything else? | | | 19 | THE DEFENDANT:
No, ma'am. | | | 20 | Because I don't take
THE COURT: | | | 21 | these pleas unless they are freely and | | | 22 | voluntarily made. | | | 23 | I understand that.
THE DEFENDANT: | | | 24 | I also don't want
THE COURT: | | | 25 | somebody or anybody coming back a year, | | | | | | 1
two years from now saying, oh no, no, they
2
beat—Mb over t
end or tf—tlere is
3
anything else that is influencing you to
4
make this decision, then I need to know
5
about it.
6
THE DEFENDANT:
I understand that.
7
MR. GOLDBERGER:
Thank you.
8
THE DEFENDANT:
Thank you very much,
9
Your Honor.
10
(Return to open court.)
All right, Mr. Epstein,
THE COURT:
11
any questions about the rights you are
12
giving up by entering this plea?
13
No ma'am.
THE DEFENDANT:
14
THE COURT:
State, please give me a
15
factual basis.
16
MS. BELOHLAVEK:
In 069454 CF AMB,
17
between August 1, 2004 and October 31,
18
2005, the defendant in Palm Beach County
19
did solicit or procure someone to commit
20
prosecution on three or more occasions.
21
And in 08 CF 9381 CF AMB between
22
August 1, 2004 and October 9, 2005, the
23
defendant did procure a minor under the age
24
of 18 to commit prostitution in Palm Beach •
25 | • | Case 9:08-cv-80736-KAM | Page 41 of
Entered on FLSD Docket 07/08/2019
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41
50 | |----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|---|------------------------|-------------------------------------------------------------------------------| | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | , ,ease 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 42 of 50 42 | 1 | County also. | |----|---------------------------------------------| | 2 | —find a suf₹icient
THE COURT: —1 | | 3 | factual basis to support the pleas. | | 41 | Are all of the victims in both of | | 5 | these cases in agreement with the terms of | | 6 | this plea? | | 7 | MS. BELOHLAVEK:
I have spoken to | | 8 | several myself and I have spoken to | | 9 | counsel, through counsel as to the other | | 10 | victim, and I believe, yes. | | 11 | THE COURT:
And with regard to the | | 12 | victims under age eighteen, is that | | 13 | victim's parents or guardian in agreement | | 14 | with the plea? | | 15 | That victim is not
MS. BELOHLAVEK: | | 16 | under age 18 any more and that's why we | | 17 | spoke with her counsel. | | 18 | And she is in agreement
THE COURT: | | 19 | with the plea? | | 20 | MS. BELOHLAVEK:
Yes. | | 21 | And community control
THE COURT: | | 22 | will be given information concerning how to | | 23 | contact these victims? | | 24 | MS. BELOHLAVEK:
Yes. | | 25 | THE COURT:
Confidentially.
That | | | | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019 Page43of
Document 463-3
43
50 | |------------------------|--------------------------------------------------------------------------| | 1 | information will not be related to the | | -2 | def6ffaant—but wriarairea excruzIvwly-for | | 3 | purposes of verifying compliance with this | | 4 | agreement? | | 5 | MS. BELOHLAVEK:
Yes. | | 6 | THE COURT:
Is there anything else | | 7 | from anybody else before I accept this | | 8 | plea? | | 9 | No, Your Honor.
MR. GOLDBERGER: | | 10 | Mr. Goldberger, if it is
THE COURT: | | 11 | your desire, you may enter your client's | | 12 | plea. | | 13 | Thank you, Your
MR. GOLDBERGER: | | 14 | Honor, at this time we would withdraw our | | 15 | previously entered pleas of not guilty, | | 16 | enter pleas of guilty pursuant to | | 17 | negotiations with the State. | | 18 | Mr. Epstein, I am going
THE COURT: | | 19 | to accept those pleas on your behalf.
I | | 20 | find you are intelligent, alert, you | | 21 | understand what is going on here and the | | 22 | consequence of entering this plea, you are | | 23 | doing it freely and voluntarily. | | 24 | Pursuant to the plea, I am waiving | | 25 | a PSI, I will sentence you at this time | | | | | a
a | Case 9:08-cv-80736-KAM | Document 463-3
Entered on FLSD Docket 07/08/2019
Page 44 of
44
50 | |--------|------------------------|-------------------------------------------------------------------------------| | 1' | 1 | I will adjudicate you
pursuant to it. | | | | guilty of—felony sollciTWElon of | | | 3 | prostitution, a third degree felony, case | | | 4 | number 06 CF 00945A -- 454 AMB, and | | | 5 | procuring a person under 18 for | | | 6 | prostitution, a second degree felony 08 CF | | | 7 | 009381AMB. | | | 8 | With respect to the solicitation | | | 9 | of prosecution, I will sentence you to | | | 10 | twelve months in the Palm Beach County | | | 11 | detention facility with credit for the one | | | 12 | day served. | | | 13 | With respect to 08 CF 009381, I | | | 14 | will sentence you to six months in the Palm | | | 15 | Beach County detention facility, with | | | 16 | credit for the one day served.
That six | | | 17 | month sentence is to be served consecutive | | | 18 | to the twelve month sentence. | | | 19 | Following the six month sentence | | | 20 | you will be placed on 12 months of | | | 21 | That will be on both
community control. | | | 22 | cases, I assume, to run concurrently, | | | 23 | correct? | | | 24 | Only on the 08 case.
MS. BELOHLAVEK: | | - - - | 25 | THE COURT:
Only on the second degree | | | | | 1 felony? | 2 | MS. RELOHLAVEK:
Correct, the one | |----|---------------------------------------------| | 3 | that designates him a sexual offender. | | 4 | THE COURT:
So only on case
Okay. | | | number 08 CF 009381AMB will you be on one | | 6 | year community control which would then | | 7 | invoke a potential penalty of fifteen years | | 8 | were you to violate. | | 9 | The special conditions are that | | 10 | you are to have no unsupervised contact | | 11 | with minors and the supervising adult must | | 12 | be approved by the Department of | | 13 | You are to be designated a
Corrections. | | 14 | sexual offender pursuant to Florida Statute | | 15 | 943.0435 and you must abide by all | | 16 | requirements of that statute which I have | | 17 | read and we have discussed. | | 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. | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER case9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page4b46of 50 • I , !ft 1 You will be residing at 358 El 2 Ftlarirethr11-48 . 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | "case 9:08-cv-80736-KAM Document 463-3 | Entered on FLSD Docket 07/08/2019 Page4,37 of
50 | |--|----------------------------------------|-----------------------------------------------------| | | 1 | You shall not
children may congregate. | | | 2 | view, own—or—powsE-sw day ubsc-er | | | 3 | pornographic or sexually stimulating or | | | 4 | visual, auditory material including | | | 5 | telephone, electronic media, computer | | | 6 | programs, computer services that are | | | 7 | relevant to deviant behavior. | | | 8 | You shall submit two specimens of | | | 9 | blood to Florida Department of Law | | | 10 | Enforcement to be registered with the DNA | | | 11 | You shall submit to a
data bank. | | | 12 | warrantless search by the probation officer | | | 13 | or community control officer of your | | | 14 | person, residence or vehicle. | | | 15 | You shall maintain a driving log. | | | 16 | You shall not drive a motor vehicle while | | | 17 | alone without prior approval of the | | | 18 | supervising officer. | | | 19 | You shall submit to, at | | | 20 | probationer or community control expense a | | | 21 | HIV test, the result of which is to be | | | 22 | released to the victims or victim's parent | | | 23 | That has to be done within 48
or guardian. | | | 24 | hours. | | | 25 | You shall not obtain or a use post | | | | | | , | | ,Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Pages of
50 | |---|---------|-----------------------------------------------------------------------------------------| | | t•
1 | office box without the prior approval of | | | 2 | | | | 3 | MS. BELOHLAVEK:
You forgot one that | | | 4 | you may not possess, own or view sexually | | | 5 | stimulating -- I don't believe you read | | | 6 | that outloud just now. | | | 7 | Yes, I did.
THE COURT: | | | 8 | I'm .sorry, I didn't.
MS. BELOHLAVEK: | | | 9 | I just wanted to make sure.
hear it. | | | 10 | And the warrantless
THE COURT: | | | 11 | search by the community control officer of | | | 12 | the person, residence or vehicle | | | 13 | understand the person, residence or vehicle | | | 14 | includes anything you might possess like | | | 15 | computer, a cell phone and whatever other | | | 16 | elaborate devices there are to communicate | | | 17 | electronically these days, okay.
Good | | | 18 | luck. | | | 19 | MR. GOLDBERGER:
Thank you. | | | 20 | MS. BELOHLAVEK:
Thank you. | | | 21 | Is there a judgment?
THE COURT: | | | 22 | MR. GOLDBERGER:
Yes, there should be | | | 23 | judgments. | | | 24 | Was there a condition of
THE COURT: | | | 25 | community control that he pay or is he | | | | | | , ,Case9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019 Page403of
Document 463-3
50 | |--------------------------|---------------------------------------------------------------------| | 1 | paying it? | | 2 | Actuallythexe is a
MR CZOLD.BERG.ER• | | 3 | cash bond posted, court cost can be | | 4 | deducted from the cash bond. | | 5 | \$574 is the total?
THE COURT: | | 6 | MS. BELOHLAVEK:
Correct. | | 7 | Is that to cover both
THE COURT: | | 8 | cases? | | 9 | MR. GOLDBERGER:
Yes. | | 10 | Thank you.
THE COURT: | | 11 | Thank you, Your
MR. GOLDBERGER: | | 12 | Honor. | | 13 | (Whereupon, at 9:48 o'clock a.m. the | | 14 | proceedings before the Court, concluded.) | | 15 | | | 16 | | | 17 | | | 18 | | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | 25 | | | | | | Case 9:08-cv-80736-KAM | Entered on FLSD Docket 07/08/2019
Page 5059:1
Document 463-3
50 | |------------------------|--------------------------------------------------------------------------| | 1 | CERTIFICATE | | 2 | | | 3 | THE STATE OF FLORIDA, | | 4 | COUNTY OF PALM BEACH. | | 5 | I, PHYLLIS A. DAMES, Official Court | | 6 | Reporter for the Fifteenth Judicial Circuit, | | 7 | Criminal Division, in and for Palm Beach County, | | 8 | Florida; do hereby certify that I was authorized | | 9 | to and did report the foregoing proceedings before | | 10 | the Court at the time and place aforesaid; and | | 11 | that the preceding pages numbered from 1 through 49, | | 12 | inclusive, represent a true and accurate | | 13 | transcription of my stenonotes taken at said | | 14 | proceedings. | | 15 | IN WITNESS WHEREOF, I have hereunto | | 16 | affixed my official signature this 19th
day of | | 17 | | | 18 | July, 2008. | | 19 | | | 20 | | | 21 | | | 22 | | | 23 | | | 24 | | | 25 | | | | |