SCANNED 1 IN THE CIRCUIT COURT OF THE FIFTEENTH 2 JUDICIAL CIRCUIT 3 4 5 6 7 8 IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA ) ) vs ) CASE NO. 06 CF9454AMB VJ JEFFREY ) 08 9381CFAMB EPSTEIN ) Defendant. 3 ) — .,.• n • = r • ’ , a c , ) ’ A • . . ’ 1.7) .71 9 r • :’ (-= CV PLEA CONFERENCE … na :-L: -H4 2 C”) C.) 11 PRESIDING: HONORABLE DEBORAH DALE PUCILCIOrc ; — ; ” 12 APPEARANCES: s—: ro 13 ON BEHALF OF THE STATE: 14 BARRY E. KRISCHER, ESQUIRE State Attorney 15 401 North Dixie Highway West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, 16 ESQUIRE Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: 18 ATTERBURY, GOLDBERGER & WEISS,P.A. 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, 20 ESQUIRE 21 23 22 ORIGINAL June 30, 2008 24 Palm Beach County Courthouse 25 West Palm Beach, Florida 33401 Beginning at 8:40 o’clock, a.m.¶
BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO, one of the judges of the aforesaid court, at the Palm Beach County Courthouse, located in the City of West Palm Beach, State of Florida on June 20, 2008 beginning at 8:40 o’clock, a.m. with appearances as hereinbefore noted, to wit: THEREUPON: MR. GOLDBERGER: Good morning, Judge, Jack Goldberger on behalf of Jeffrey Epstein. THE COURT: Good morning. MR. GOLDBERGER: Your Honor, we are here for a plea conference. THE COURT: Raise your right hand. THEREUPON: JEFFREY EPSTEIN, after being called as a witness by the Defense and after being first duly sworn by the Court, was examined and testified as follows: THE DEFENDANT: Yes, ma’am. THE COURT: Is this one case or two? MS. BELOHLAVEK: Two. THE COURT: May I see the PC¶
‘sod¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
EFTA00032239¶
affidavit in both cases, please? MS. BELOHLAVEK: There are no PC affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all testimony presented to the grand jury. THE COURT: Let me see the Indictment then? I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by Indictment, one is charged by Information? MS. BELOHLAVEK: Correct. THE COURT: In case 2006036744 you are charged with procuring a person under 18 for prostitution, a second degree felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some period of probation. No mandatory minimum apply, is that correct, State? MS. BELOHLAVEK: Correct. THE COURT: And in case number 06 9454CF, you are charged with felony solicitation to prostitution, a third¶
✓ ✓ degree felony, punishable by a maximum penalty of five years in the Department of Corrections, and a minimum, probation. No mandatory minimums, correct? MS. BELOHLAVEK: Correct. THE COURT: The defendant has no prior criminal record? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Yes, Your Honor. THE COURT: You checked the NCIC as well as State records? MS. BELOHLAVEK: Yes. THE COURT: And the guideline score sheet I have before me shows 21.5 months in the Department of Corrections as the lowest permissible prison sentence in months. Both sides agree to the preparation of the guideline score sheet? MR. GOLDBERGER: We so agree, Your Honor. MS. BELOHLAVEK: Yes. THE COURT: What is proposed — it goes on for pages. MR. GOLDBERGER: Your Honor, much of the documentation is acknowledgement by my¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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1 client to community control, sex offender 2 status.¶
THE COURT: I understand.¶
Okay. What is proposed 5 — those are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation 8 to prostitution and procuring a person under 18 for prosecution. A PSI would be waived, you would be adjudicated guilty of both felonies, is that correct?¶
MS. BELOHLAVEK: Correct.¶
14 THE COURT: And on 06 9454, the defendant to be sentenced to 12-months 15 in the Palm Beach County — detention 16 facility? 17 He’s going to do time in the jail?¶
MS. BELOHLAVEK: Yes.¶
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THE COURT: 20 With credit for one day served. And on 08 9381, he is to be 21 sentenced 22 to six months in the Palm Beach County jail detention facility, 23 with credit for one day served. 24 And the six month sentence is to be served consecutive 25 to the 12 month sentence?¶
MS. BELOHLAVEK: Correct.¶
THE COURT: Following the six months sentence, the defendant will be placed on 12-months of community control one. The conditions of the community control are attached hereto and incorporated herein.¶
Nival¶
As a special condition of community control, he’s to have no unsupervised contact with minors and the supervising adult must be approved — and I would say, pre-approved, approved ahead of time, not after the fact by the Department of Corrections. And you would mean by that his community control officer?¶
MS. BELOHLAVEK: Correct.¶
THE COURT: The defendant is designated as a sexual offender pursuant to Florida Statute 943.0435 and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The defendant must provide a DNA sample in court at the time of this plea. Is this the — and the attachments are the terms and conditions of community control. There are some¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
1 squiggles on the bottom of the page, what would those squiggles be?¶
MR. GOLDBERGER: Thank you, Your Honor, those are my client’s signature 5 acknowledging that we have gone over all the conditions.¶
THE COURT: One page after the plea 8 sheet that really spells out the terms and conditions of community control, Florida Statute 948.101, Mr. Epstein, is that squiggle at the bottom your squiggle? THE DEFENDANT: Yes, ma’am. THE COURT: Would those be your initials? THE DEFENDANT: Yes, ma’am. THE COURT: Did you read all of that page? THE DEFENDANT: Yes, ma’am. THE COURT: Can you read? THE DEFENDANT: Yes, ma’am. THE COURT: How far did you go in school? THE DEFENDANT: High school. THE COURT: That’s your highest degree?¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
J THE DEFENDANT: Yes. THE COURT: And is this your signature on the plea sheet that recites the terms of the plea I just read? THE DEFENDANT: Yes, ma’am. THE COURT: Did you read that document as well? THE DEFENDANT: Yes, ma’am. THE COURT: You understand once you do your 12 months followed by your six months all in the Palm Beach County jail you will then be put on community control which involves having an electronic monitor attached to you and — MR. GOLDBERGER: Actually Your Honor, the agreement of the parties is to, it’s community control one which is not monitor. THE COURT: Oh, community control one, is that spelled out in here? MS. BELOHLAVEK: Yes. MR. GOLDBERGER: Yes, it is, Your Honor. MS. BELOHLAVEK: He does not fall under the Jessica Lunsford Act which requires the bracelet.¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
1 THE COURT: Community control 2 two. MS. BELOHLAVEK: Correct. 3 THE COURT: Community control 4 one - that would be no electronic monitor? MR. GOLDBERGER: That is correct. 6 THE COURT: 7 Now which of the terms and conditions of community control 8 one are you incorporating? 9 MR. GOLDBERGER: i can go through 10 them with Your Honor. 11 THE COURT: 12 None of the them appear to be articulated 13 in the plea sheet which is why I’m asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control 16 by 17 statute would apply to anyone that goes on community control and out of an abundance 18 of caution, we simply memorialized 19 those standard conditions in the plea sheet 20 agreement. 21 THE COURT: 22 The Court shall require intensive supervision and surveillance 23 for an offender placed on community control 24 which may include but is not limited 25 to specified contact with the parole and¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
10 probation officer, specified by who?¶
PROBATION OFFICER: Specified by you, Your Honor.¶
THE COURT: I don’t see that in the plea sheet. That’s why I’m asking the questions. No one has specified how often, 7 how frequently he is to have contact with his parole and probation officer. Confinement to an agreed upon residence 10 during the hours away from employment and public service activity, has that been articulated?¶
MS. BELOHLAVEK: I believe Judge McSorley has a standard order somewhere on the bench up there regarding this, I’m told by the prosecutor.¶
MS. LENHARDT: Judge, usually this is 18 the probation sheet she hands out to folks.¶
THE COURT: I have seen those 20 sheets — I have seen them incorporated in plea agreements which is why I’m asking. MR. GOLDBERGER: I see.¶
THE COURT: Is there some reason you 24 didn’t use this particular document in this case?¶
MS. BELOHLAVEK: I didn’t realize until Ms. Lenhardt just told me that Judge McSorley has that. MR. GOLDBERGER: We’d be happy to execute that document, Your Honor. We were — we overreacted by just having him sign off on all conditions of community control. THE COURT: Well, this is — MR. GOLDBERGER: Perhaps the better practice would be — THE COURT: This is, the reason Judge McSorley does this which makes ultimate sense is we’re going to be here half the morning if we’re going to decide among ourselves now what the — MR. GOLDBERGER: That makes sense. THE COURT: I’m not going to leave this just unspecified. MS. BELOHLAVEK: We can take care of that right now if you could give us a few minutes. THE COURT: All right. These are the standard conditions that Judge McSorley normally uses. If you like them, you need to circle the ones that¶
apply and everyone must initial them. We will go over it. If you wish to change you understand there is quite a bit of latitude given the court in putting somebody on community control. If you agree to some change, let me know, but understand at the outset that I’m a big fan of specificity. I want to know what he will be doing for employment. I want to know exactly where he is going to be living and I want it on the record now. It can change but it can only change with preapproval by DOC. I want it crystal clear. I don’t want the community control officer who gets this case the day he walks out the Palm Beach County to have any doubt or confusion as to exactly what this defendant is supposed to do, where he is supposed to be when, exactly what I am requesting that officer to supervise. MS. BELOHLAVEK: Absolutely. THE COURT: Okay. MR. GOLDBERGER: We will work on it. Thank you, Your Honor. THE COURT: We will recall that case.¶
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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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(Brief recess.)¶
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MR. GOLDBERGER: Your Honor, we are back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley’s conditions of community control and we asked the Department of 7 Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document.¶
MS. BELOHLAVEK: Yes, and Your Honor, this defendant doesn’t fall under the sex offender probation but we have included special sex offender conditions as part of the community control and they are all circled there.¶
THE COURT: The plea agreement stated the defendant is designated as a sexual offender pursuant to Florida Statute 942.035.¶
MS. BELOHLAVEK: Correct. But the sex offender probation, the statute is different and only applies to certain offenses and this one was not enumerated. THE COURT: Okay. I want to make¶
4 14 sure both I and the defendant are clear. 2 The sexual offender statute you are referring to in the plea sheet is the one that requires registration? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Correct. THE COURT: And we will talk about that. MR. GOLDBERGER: Okay. THE COURT: But it is not the one that requires the special conditions of sex offender probation? MS. BELOHLAVEK: Correct. THE COURT: Now, rather than 948, do you want me to disregard 948? He’s read it? MS. BELOHLAVEK: He’s read it. THE COURT: We will leave it in 19 there. But these conditions we are going 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. MS. BELOHLAVEK: Correct. THE COURT: So circled are¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
conditions, A, you will remain confined to your residence except one half hour before and after your approved employment, community service work or any other 5 activity approved by your probation officer.¶
B, you will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request.¶
My understanding about the daily log, maybe I’m just confused from other cases I’ve heard, is the daily log is a weekly log, I guess it is submitted ahead of time, is that correct?¶
PROBATION OFFICER: That is correct, Your Honor.¶
THE COURT: So part A, where he has to stay in his residence except for one hour before and after the approved employment, community service work and other activity. All that’s information that will be recorded in writing and the defendant will have a copy and he will know exactly where he is supposed to be when.¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
PROBATION OFFICER: That is correct, Your Honor.¶
THE COURT: As will his supervising probation officer. And then to document that he’s supposedly done all that he himself will be keeping a daily log?¶
PROBATION OFFICER: That is correct, Your Honor.¶
THE COURT: And the log form will be provided by the department and he will be turning that in every time he meets with the probation officer?¶
PROBATION OFFICER: That is correct, Your Honor.¶
THE COURT: Okay. So that applies and F applies. Does E apply? No.¶
MS. BELOHLAVEK: Did I circle E? THE COURT: No. F — made one up, the defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480. He knows now that that’s where he will be living when he is released after his 12 months and six months.¶
MR. GOLDBERGER: That is correct, Your Honor.¶
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: That’s a private residence? MR. GOLDBERGER: That is his home. THE COURT: Does he own the residence? MR. GOLDBERGER: He does, Your Honor. THE COURT: Is there any possibility that he no longer owns the residence? MR. GOLDBERGER: Not anticipated, Your Honor. THE COURT: Okay. Should he not be for whatever reason — 18-months is a long time, should he not be owning that residence or able to reside there, he will have the obligation of notifying his probation officer prior, and I emphasize this, prior to his release assume that the department prior to, to his release? PROBATION OFFICER: That is correct, Your Honor. THE COURT: And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and verify his address and employment from will custody. I be notified¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
information?¶
PROBATION OFFICER: That is correct. THE COURT: All address — I assume all of this to and from work and any other approved activities restricts him to Palm Beach County, is that correct?¶
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PROBATION OFFICER: That is correct, Your Honor.¶
THE COURT: So let’s be clear, everything, from the day he walks out occurs in Palm Beach County, is that clear? MR. GOLDBERGER: We understand, Your Honor. That’s correct.¶
THE COURT: Then the additional condition of his probation, they are not sex offender standard conditions, they are just conditions that are being imposed especially in this case?¶
MS. BELOHLAVEK: Correct.¶
THE COURT: They are as follows, you shall submit to a mandatory curfew from 10 p.m. to 6:00 a.m. regardless of any other restrictions regarding work or approved activity, there will be no exceptions to being at home in house from 10 p.m. to 6¶
a.m., is that correct?¶
MS. BELOHLAVEK: Yes.¶
THE COURT: If the victim was under age of 18 years which I gather is the case because it’s circled, you shall not live within 1000 feet of a school, day care center, park, playground or other place where children regularly congregate. Has someone verified that 358 El Brillo is such a place? MS. BELOHLAVEK: No, but that will be done prior to his release. THE COURT: So 358 El Brillo will not be approved if it should happen to be one thousand feet from a school, day care center, park, playground or other place — this is rather open. MR. GOLDBERGER: Where children gather. THE COURT: Where children regularly congregate. MS. BELOHLAVEK: Right. THE COURT: The Court knows 358 El Brillo Way is a residential neighborhood,¶
are there areas there where children¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
EFTA00032256¶
regularly congregate?¶
MS. BELOHLAVEK: I personally do not know.¶
THE COURT: Neither do I, which is why I’m asking. Has that been investigated?¶
MR. GOLDBERGER: We have done our due 8 diligence, for what it’s worth, there is a 9 residential street. There are not children congregating on that street. We think the address applies, if it doesn’t, we fully recognize that he can’t live there.¶
THE COURT: Okay. D is, you shall not have any contact with the victim, are there more than one victim?¶
MS. BELOHLAVEK: There’s several.¶
THE COURT: Several, all of the victims. So this should be plural. I’m making that plural. You are not to have any contact direct or indirect, and in this 21 day and age I find it necessary to go over exactly what we mean by indirect. By 23 indirect, we mean no text messages, no e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
messages through carrier pigeon, no messages through third parties, no hey would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear? THE DEFENDANT: Yes, ma’am THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay. THE DEFENDANT: I understand. THE COURT: And the sentencing court. So, if there is a desire which, I would think would be a bit strange to have contact with any of the victims the court must approve it. MS. BELOHLAVEK: Correct. THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming a condition of probation? MS. BELOHLAVEK: That is not. I don’t believe I circled that one.¶
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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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THE COURT: You did.¶
J¶
MR. GOLDBERGER: That’s a mistake on our part. Actually the statute that he is pleading guilty to does not require the¶
THE COURT: I understand that, but you circled it.¶
MS. BELOHLAVEK: I apologize, that B one is not. He has already been in treatment with a private psychiatrist.¶
THE COURT: Which you find to be an adequate substitute for sex offender program?¶
MS. BELOHLAVEK: I — it is not required and based upon the evaluation and my contact with that doctor, I don’t believe it’s necessary at this point.¶
THE COURT: Has that been — I assume you have a law degree and do not have a Ph.D in a psychology or MD in psychiatry? MS. BELOHLAVEK: That is correct, I don’t.¶
THE COURT: So it is just your judgement — MS. BELOHLAVEK: Correct. THE COURT: — that his treatment¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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i 4 23 with some fancy private psychiatrist or psychologist in his case is okay? MS. BELOHLAVEK: That is correct. THE COURT: So you are not imposing E? MS. BELOHLAVEK: Correct. THE COURT: F, if the victim was 8 under the age of 18, you shall not work or play or as a volunteer in any school, day care center, park, play ground or other place where children regularly congregate, is that understood? THE DEFENDANT: Yes, ma’am. THE COURT: Children will be defined 15 as anyone under the age of 18. There are a lot of places where children regularly congregate. What kind of work do you do? THE DEFENDANT: Banking. THE COURT: Here in Palm Beach County? THE DEFENDANT: Virgin Islands, ma’am. THE COURT: You understand you will not travel from Palm Beach County for the duration of this?¶
24 1 THE DEFENDANT: Yes, ma’am. 2 MR. GOLDBERGER: Your Honor, I’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¶
signed them thoroughly.¶
| 2 | |
|---|---|
| 3 | Unless otherwise indicated in the |
| treatment plan. I’m just going | |
| 4 | to strike out, provided by the |
| 5 | sexual offender treatment |
| 6 | program. Is that what you intend |
| 7 | , that his therapist can |
| 8 | MS. BELOHLAVEK: No. |
| THE COURT: No? | |
| 9 | MS. BELOHLAVEK: No. |
| 10 | THE COURT: |
| 11 | Unless otherwise indicated |
| 12 | |
| 13 | MR. GOLDBERGER: The parties have |
| agreed that during the period that he is | |
| 14 | cannot be — |
| 15 | THE COURT: Condition |
| 16 | G will now read, you shall |
| 17 | not view, own, possess any obscene |
| 18 | , pornographic or sexually |
| 19 | stimulating visual or auditory material |
| including telephonic , electronic media, | |
| 20 | computer program or computer |
| 21 | services that are relevant to your |
| 22 | deviant behavior pattern. |
| 23 | And who is going to enforce that? |
| 24 | MS. BELOHLAVEK: The community |
| 25 | control officer |
| THE COURT: How? |
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
MS. BELOHLAVEK: They have the obligation and included in there for warrantless search to check at any time his home, his computer, anything he has contact with.¶
THE COURT: And do they regularly do that?¶
PROBATION OFFICER: Yes, ma’am. THE COURT: Since we have the pleasure of having someone from the Department of Corrections here.¶
Okay. H, you shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered in the DNA data bank.¶
J, you shall submit to a warrantless search by your probation officer or community control officer of your person, residence or vehicle.¶
G — where is the G? MS. BELOHLAVEK: That was under the original part, not under the sex offender one.¶
THE COURT: Okay. Defendant to have contact with the community control officer¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
J .1 26¶
1 4 27 at a minimum one time a week.¶
Defendant to work at Florida Science Foundation, 250 Australian Avenue, West Palm Beach, Florida. Is that volunteer work or work for pay? MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, that will be doing charitable work. THE COURT: That he has formed? MR. GOLDBERGER: Yes. THE COURT: What exactly is Florida Science Foundation? MR. GOLDBERGER: Do you want to explain? THE DEFENDANT: It funds science programs around the state and the country. THE COURT: How long has it been in existence? THE DEFENDANT: Fifteen years. THE COURT: How many programs has it funded? THE DEFENDANT: Numerous, more than 50. THE COURT: What is your position with the organization?¶
| I | ||
|---|---|---|
| 1 | a THE DEFENDANT: | 28 |
| 2 | President | |
| 3 | THE COURT: Is there a board of directors? | |
| 4 | ||
| 5 | THE DEFENDANT: Yes, ma’am | |
| 6 | THE COURT: Who’s on the board of | |
| 7 | directors? | |
| 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 | |
| 16 | want to know what we do, I want to know | |
| 17 | what you do. How often are you there? | |
| 18 | THE DEFENDANT: | |
| 19 | I’m there every day, I research | |
| 20 | , I take in people who want to make presentations | |
| 21 | about why they need money for | |
| 22 | funding medical research, advanced | |
| 23 | science research. My background | |
| 24 | is in physics. I go through all the | |
| 25 | programs in detail, review the science work | |
| potentials, I follow through on a daily |
a a 29 basis with what they have been given money to do. THE COURT: Who are some recent grantees? THE DEFENDANT: Harvard University. There is a full program of Evolutionary Dynamics, Neuro Science Institute of California, the Physics Institute, MIT. THE COURT: Do you ever have occasion to deal with anyone under the age of eighteen? THE DEFENDANT: Not very often. It is, if someone is in college — sorry. THE COURT: Right, that’s why I’m asking the question. THE DEFENDANT: Most of the people I fund are all usually professors. THE COURT: Thank you. You understand that you can’t have contact with anyone if this organization, do they ever have any involvement with high schools? THE DEFENDANT: No, ma’am. THE COURT: Students or teachers? THE DEFENDANT: No, ma’am.¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
THE COURT: Okay.¶
MS. BELOHLAVEK: Those are 3 duplicates, you will see those are the same as the ones on the previous page, however, it was reproduced.¶
THE COURT: The next condition, you shall maintain a driving log. You shall not drive a motor vehicle while alone without prior approval of your supervising officer.¶
If there was sexual contact, you shall submit to at probationer’s or community controllee’s expense an HIV test 14 with results to be released to the victims, victim’s parent or guardian — will be victims, plural. Has that been done? MR. GOLDBERGER: Not yet. THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good on something like that. MS. BELOHLAVEK: I believe they can actually do that at the jail. THE COURT: At his expense?¶
MS. BELOHLAVEK: Yes.¶
THE COURT: I would request that that¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
J -I 31 1 be done within 48 hours? 2 You shall not obtain or use a post 3 office box without prior approval of the 4 supervising officer. 5 Okay. Are all those conditions 6 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 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
L_ 32 you choose — or defense and the State together, why twelve months in the Palm Beach County jail followed by six months? Why not just send him to DOC? MR. GOLDBERGER: It was the agreement of the parties, Your Honor. We just decided that was the best way to accomplish what needed to be done here and the parties agreed that that sentence satisfied everyone’s requirements. THE COURT: The taxpayers of Palm Beach County is going to pay 18 months to house this guy instead of DOC? MS. BELOHLAVEK: Right. THE COURT: You understand we’re losing positions left and right in county government because we haven’t got enough money but you want — okay. His requirement to register there is many, many — there is nine pages outlining the sexual offender’s requirement to register with the department and penalty, have you read all those, Mr. Epstein? THE DEFENDANT: Yes, ma’am.¶
i 33 THE COURT: Do you understand you will be required to register and this will be an ongoing life long obligation? THE DEFENDANT: Yes, ma’am. THE COURT: And this registration occurs when? MS. BELOHLAVEK: Within 48-hours of release. THE COURT: So when he gets out of the Palm Beach County jail, he needs to register? Okay. And the department — who is going to provide him with the form? MR. GOLDBERGER: He actually registers out at the Sheriff’s Office, Your Honor, we can do it out there. THE COURT: Okay. It has been brought to my attention that FDLE is the one who is statutorily required to handle these registrations but some of our municipal jurisdictions have taken it upon themselves to impose additional requirements, y’all understand that? MS. BELOHLAVEK: Correct. MR. GOLDBERGER: Right. THE COURT: What you are telling him¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
he has to do is the official State of Florida registration?¶
MS. BELOHLAVEK: Correct.¶
THE COURT: Mr. Epstein, I need to make sure you understand that that’s what’s required by this plea. Anyone on 7 probation, community control is required 8 to live and abide by the laws. So if a jurisdiction you choose to reside in should have some additional municipal requirements you will be required in order to comply with the law of living there, just like you can’t get a parking ticket or speeding ticket, to comply with those regulations but I want to make sure you understand because I have seen some defendants who have been confused about this. If you 18 don’t, for example, if the Town of Palm Beach has you register that does not take care of your requirement. Your requirement 21 to register with FDLE through the Sheriff’s office is separate, distinct and must be done on their form according to their schedule.¶
THE DEFENDANT: Yes, ma’am.¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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4 1 35 THE COURT: And if my experience 2 the 3 last few months is of any value, they are very serious about enforcing 4 this. They will be tracking 5 you for the rest of your 6 life. Do not move. Do not go — I don’t care when you are done with community 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 registering, 10 they will find and you will be locked up. 11 THE DEFENDANT: Yes, ma’am. 12 THE COURT: Okay. Any questions 13 about that? 14 THE DEFENDANT: No, ma’am. 15 16 THE COURT: Did you read the plea in the circuit court form that describes 17 all the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma’am. 20 THE COURT: I think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs or medication 25 today?¶
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PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
1 36 THE DEFENDANT: No, ma’am. 2 THE COURT: Normally taking any 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere 6 with your mental ability? 7 THE DEFENDANT: No. 8 THE COURT: Do you understand 9 you have an attorney, 10 you have a right to trial 11 by jury, there is not going to be a jury trial. There won’t be witnesses called. 12 That your attorney 13 and you would have a right to confront and cross examine, 14 do you understand you have a right to call 15 witnesses 16 of your own and the court would issue subpoenas to compel their attendance 17 18 just like any other witness called by the State, that you have the right — absolute 19 20 right to remain silent and that you would not have to say or do anything 21 at the trial if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma’am. 24 THE COURT: Do you understand 25 if you are not a United States citizen your plea¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
1 4 37 could subject you to deportation pursuant 2 to the laws and regulations governing 3 the United States Immigration and 4 Naturalization Service S and this court has 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 11 other than the terms of this plea to get you to enter this plea? 12 THE DEFENDANT: No. 13 THE COURT: Do you understand 14 this is a plea in criminal court? 15 THE DEFENDANT: Yes, ma’am. 16 THE COURT: This has — in criminal 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing 19 to do with any civil matters or matters 20 in any other jurisdiction, do you understand 21 that? THE DEFENDANT: Yes, ma’am. 22 THE COURT: 23 Is this plea in any way tied to any promises or representations 24 by any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar¶
1 38 on that, Your Honor? 2 THE COURT: It is going to be 3 recorded. 4 MR. GOLDBERGER: That’s fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (Whereupon, there was a conference 8 at the bench.) 9 MR. GOLDBERGER: 10 The reason why I asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney’s office that triggers 13 as a result of this plea agreement. In other 14 15 words, they have signed off and said they will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful 18 taking of this plea today. That is a confidential 19 document that the parties 20 have agreed to. Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, 23 that would also be invalidated should he violate 24 his community control? 25 MR. GOLDBERGER: Absolutely. That¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
nonprosecution agreement —¶
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MS. BELOHLAVEK: They spell all that out.¶
THE COURT: Mr. Epstein 5 needs to come closer.¶
Mr. Epstein, your attorney 7 has told me that in addition to everything, 8 we talked about another Inducement, 9 shall we 10 say, to your taking this plea is that the U.S. Attorney for the Southern District 11 of 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 15 you’re supposed 16 to, they have, have agreed not to prosecute you federally, did you understand 17 that? 18¶
THE DEFENDANT: Yes, ma’am.¶
THE COURT: 20 And I would view that as a significant inducement in accepting 21 this plea.¶
MS. BELOHLAVEK: They are actually 23 in court here today, also.¶
THE COURT: Okay.¶
MR. GOLDBERGER: And the plea¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
1 a 39¶
| 1 | 40 agreement very carefully spelled |
|---|---|
| 2 | out if there was a breach that would |
| 3 | violate this agreement, so we are well aware |
| 4 | of it. THE COURT: Okay. |
| 5 | I would request that a sealed copy of that |
| 6 | — Mr. Epstein has signed that document? |
| 7 | MR. GOLDBERGER: |
| 8 | Yes, I would like to seal the copy. |
| 9 | THE COURT: I want |
| 10 | a sealed copy of that filed in this case. That is |
| 11 | the only other condition of the agreement |
| 12 | that is influencing this defendant |
| 13 | to make this decision? |
| 14 | MR. GOLDBERGER: |
| 15 | Absolutely I think that’s the right idea. |
| 16 | (Return to open |
| 17 | court.) THE COURT: Mr. Epstein |
| 18 | , is there anything else? |
| 19 | THE DEFENDANT: |
| 20 | No, ma’am THE COURT: |
| 21 | Because I don’t take these pleas unless |
| 22 | they are freely and voluntarily made. |
| 23 | THE DEFENDANT: |
| 24 | I understand that. THE COURT: |
| 25 | I also don’t want somebody or anybody coming back a year, |
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
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1 • 41 two years from now saying, 2 oh no, no, they beat me over the head or if there is 3 anything else that is influencing 4 you to make this decision, 5 then I need to know about it. 6 THE DEFENDANT: I understand 7 that. MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: 9 Thank you very much, Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions 13 about the rights you are giving up by entering this plea? 14 THE DEFENDANT: No ma’am. 15 THE COURT: 16 State, please give me a factual basis. 17 MS. BELOHLAVEK: 18 In 069454 CF AMB, between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 24 9, 2005, the defendant did procure 25 a minor under the age of 18 to commit prostitution in Palm Beach¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
County also.¶
THE COURT: I find a sufficient factual basis to support the pleas.¶
Are all of the victims in both of these cases in agreement with the terms of this plea?¶
MS. BELOHLAVEK: I have spoken to several myself and I have spoken to counsel, through counsel as to the other victim, and I believe, yes.¶
THE COURT: And with regard to the victims under age eighteen, is that victim’s parents or guardian in agreement with the plea?¶
MS. BELOHLAVEK: That victim is not under age 18 any more and that’s why we spoke with her counsel.¶
THE COURT: And she is in agreement with the plea?¶
MS. BELOHLAVEK: Yes. THE COURT: And community control will be given information concerning how to contact these victims? MS. BELOHLAVEK: Yes.¶
THE COURT: Confidentially. That¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
a 42¶
I a 43 information will not be related to the defendant but will be used exclusively for purposes of verifying compliance with this agreement? MS. BELOHLAVEK: Yes. THE COURT: Is there anything else from anybody else before I accept this plea? MR. GOLDBERGER: No, Your Honor. THE COURT: Mr. Goldberger, if it is your desire, you may enter your client’s plea. MR. GOLDBERGER: Thank you, Your Honor, at this time we would withdraw our previously entered pleas of not guilty, enter pleas of guilty pursuant to negotiations with the State. THE COURT: Mr. Epstein, I am going to accept those pleas on your behalf. I find you are intelligent, alert, you understand what is going on here and the consequence of entering this plea, you are doing it freely and voluntarily. Pursuant to the plea, I am waiving a PSI, I will sentence you at this time¶
pursuant to it. I will adjudicate you guilty of felony solicitation of prostitution, a third degree felony, case number 06 CF 00945A — 454 AMB, and procuring a person under 18 for prostitution, a second degree felony 08 CF 009381AMB.¶
With respect to the solicitation of prosecution, I will sentence you to twelve months in the Palm Beach County detention facility with credit for the one day served.¶
With respect to 08 CF 009381, I will sentence you to six months in the Palm Beach County detention facility, with credit for the one day served. That six month sentence is to be served consecutive to the twelve month sentence.¶
Following the six month sentence you will be placed on 12 months of community control. That will be on both cases, I assume, to run concurrently, correct?¶
MS. BELOHLAVEK: Only on the 08 case. THE COURT: Only on the second degree¶
felony?¶
MS. BELOHLAVEK: Correct, the one that designates him a sexual offender.¶
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THE COURT: Okay. So only on case number 08 CF 009381AMB will you be on one year community control which would then invoke a potential penalty of fifteen years were you to violate.¶
The special conditions are that you are to have no unsupervised contact with minors and the supervising adult must be approved by the Department of Corrections. You are to be designated a sexual offender pursuant to Florida Statute 943.0435 and you must abide by all requirements of that statute which I have read and we have discussed.¶
You will remain confined to your residence except one half hour before and after your approved employment, community service work or other activities approved by your probation officer. You will maintain an hourly accounting of all your activity on a daily log which you submit to the supervising officer upon request.¶
You will be residing at 358 El Brillo Way, Palm Beach, Florida 33480. Should you desire to move or go to a different location upon release from custody, you will get preapproval of that location from the Department of Corrections. You will have to contact your community control officer a minimum of once a week, it can be more often at their discretion and you are to work at the Florida Science Foundation at 250 Australian Avenue in West Palm Beach, Florida. You will submit to a mandatory curfew of 10 p.m. to 6 a.m.¶
You shall not live within a thousand feet of a school, day care center, park, playground or other place where children congregate. You shall not have any contact with the victims, directly or indirectly including through a third person unless approved by victim’s therapist and the sentencing court.¶
You shall not work for pay or as a volunteer at any school, day care center park, play ground, other place where¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
children may congregate. You shall not view, own or possess any obscene pornographic or sexually stimulating or visual, auditory material including telephone, electronic media, computer programs, computer services that are relevant to deviant behavior.¶
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You shall submit two specimens of blood to Florida Department of Law Enforcement to be registered with the DNA data bank. You shall submit to a warrantless search by the probation officer or community control officer of your person, residence or vehicle.¶
You shall maintain a driving log. You shall not drive a motor vehicle while alone without prior approval of the supervising officer.¶
You shall submit to, at probationer or community control expense a HIV test, the result of which is to be released to the victims or victim’s parent or guardian. That has to be done within 48 hours.¶
You shall not obtain or a use post¶
office box without the prior approval of the supervising officer.¶
MS. BELOHLAVEK: You forgot one that you may not possess, own or view sexually stimulating — I don’t believe you read that outloud just now.¶
THE COURT: Yes, I did.¶
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MS. BELOHLAVEK: I’m sorry, I didn’t hear it. I just wanted to make sure.¶
THE COURT: And the warrantless search by the community control officer of the person, residence or vehicle — understand the person, residence or vehicle includes anything you might possess like computer, a cell phone and whatever other elaborate devices there are to communicate electronically these days, okay. Good luck.¶
MR. GOLDBERGER: Thank you. MS. BELOHLAVEK: Thank you. THE COURT: Is there a judgment? MR. GOLDBERGER: Yes, there should be judgments. THE COURT: Was there a condition of¶
community control that he pay or is he¶
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER¶
_. paying it? MR. GOLDBERGER: Actually there is a cash bond posted, court cost can be deducted from the cash bond. THE COURT: $574 is the total? MS. BELOHLAVEK: Correct. THE COURT: Is that to cover both cases? MR. GOLDBERGER: Yes. THE COURT: Thank you. MR. GOLDBERGER: Thank you, Your Honor. (Whereupon, at 9:48 o’clock a.m. the proceedings before the Court concluded.)¶
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CERTIFICATE¶
THE STATE OF FLORIDA,¶
COUNTY OF PALM BEACH.¶
I, PHYLLIS A. DAMES, Official Court Reporter for the Fifteenth Judicial Circuit, Criminal Division, in and for Palm Beach County, Florida; do hereby certify that I was authorized to and did report the foregoing proceedings before the Court at the time and place aforesaid; and that the preceding pages numbered from 1 through 49, inclusive, represent a true and accurate transcription of my stenonotes taken at said proceedings.¶
affixed my official signature this 19th day of IN WITNESS WHEREOF, I have hereunto¶
- July, 2008. 14,9
PHYL S A. DAMES¶