Victim's 2009 motion to unseal sealed non-prosecution agreement in Epstein case

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IN THE CIRCUIT COURT OF THE¶

FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION¶

STATE OF FLORIDA,¶

Case Nos.2006-CF9454 AXX¶

JEFFREY EPSTEIN,¶

2008-9381CF AXX¶

Defendant.¶

NONPARTY E.W.‘S MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS¶

E. W., a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files on the following grounds:¶

1. EW is a victim of sexual abuse by defendant who was convicted of procuring a person under 18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit “A”.) E.W. presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB.

2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit “B”.)

3. The sealing of these documents was done without written motion required by Rule 2.420(d)(1) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the

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grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice¶

of the order as required by Rule 2.420(d)(4).¶

4. The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046.

5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38-40) (Exhibit “C”.)

6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, E.W. has a right to have these documents unsealed. Furthermore, these documents are relevant and material to E.W.’s civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas. They are proper objects of discovery. However, unless they are unsealed, E.W. is unable to obtain them or utilize them in her case.

7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court.

WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents.¶

CERTIFICATE OF SERVICE¶

THEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail and Facsmile this 12 day of May, 2009 to: Jack Alan Goldberger, Esq., Atterbury Goldberger et al., 250 Australian Ave. South, Suite 1400, West Palm Beach, FL 33401.¶

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EFTA00180794¶

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ROTHSTEIN ROSENFELDT ADLER¶

Attorneys for Plaintiff¶

401 East Las Olas Blvd., Suite 1650¶

Fort Lauderdale, Florida 33394¶

Telephone (954) 522-3456¶

Telecopier (954) 527-8663¶

By:¶

Bradley J. Edwards¶

Florida Bar No. 542075¶

bedwards@rra-law.com¶

William J. Berger¶

Florida Bar No. 197701¶

wberger@rra-law.com¶

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