EFTA00180922¶
TABLE OF CONTENTS¶
| PAGI | |
|---|---|
| Appellant’s Pre-Argument Statement, dated February 9, 2011 | A1 |
| Appellant’s Notice of Appeal, dated February 9, 2011 | A3 |
| Order Appealed From, dated January 18, 2011 with Notice of Entry | A4 |
| Palm Beach Police Department - Probable Cause Affidavit of Det. Joe Recarey - Defendant | A6 |
| Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated July 23, 2006 | A28 |
| 2006 Grand Jury Indictment of Felony Solicitation of Prostitution - Jeffrey E. Epstein | A29 |
| Information for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 26, 2008 | A31 |
| Guilty Plea for Felony Solicitation of Prostitution and Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 | A32 |
| Judgment for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 | A33 |
| Sentence for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 | A34 |
| Community Control Standard Conditions, dated June 30, 2008 | A35 |
| Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated June 30, 2008 | A47 |
EFTA00180923¶
ii¶
| PAGE | |
|---|---|
| Order Granting Jeffrey E. Epstein’s Motion for Travel, dated December 18, 2009 | A48 |
| Letter from Florida Department of Corrections Regarding Termination of Supervision, dated July 21, 2010 | A49 |
| Letter from Palm Beach Sheriff’s Office Regarding Jeffrey Epstein’s Participation in the Work Release Program, dated August 12, 2010 | A50 |
| Letter from Jack A. Goldberger to NYS Sex Offender Registry Regarding Florida Registration Level applicable to Jeffrey E. Epstein, dated August 12, 2010 | A51 |
| Letter from Martin G. Weinberg to NYS Board of Examiners of Sex Offenders Regarding Level and Designation Determination for Jeffrey Epstein, dated August 16, 2010 | A53 |
| Letter from Stephen R. Alexander, Psy.D. to Jack Goldberger Regarding Opinion of Jeffrey E. Epstein, dated August 16, 2010 | A58 |
| Recommendation of Board of Examiners of Sex Offenders, Including Risk Assessment Instrument, dated August 19, 2010 and Case Summary, dated August 23, 2010 | A62 |
| Letter from Supreme Court attaching Notification, Recommendation and Notice of Right to Appeal, dated August 26, 2010 | A67 |
| Letter from Supreme Court to Jeffrey E. Epstein informing of SORA Level Determination Hearing, dated August 26, 2010 | A68 |
| Order Sheet for Jeffrey Epstein, dated August 26, 2010 | A69 |
| Letter from Supreme Court to Counsel Informing of SORA Level Determination Hearing (with attachment), dated August 26, 2010 | A71 |
EFTA00180924¶
iii¶
| PAGE | |
|---|---|
| Letter from Jay P. Lefkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, dated September 9, 2010 | A77 |
| Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations, dated January 19, 2011 | A78 |
| Court Action Sheet - Jeffrey Epstein, No. 30129-2010 | A80 |
| Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 | A81 |
| Transcript of SORA Hearing, dated January 18, 2011 | A82 |
EFTA00180925¶
EFTA00180926¶
A1¶
Appellant’s Pre-Argument Statement, dated February 9, 2011 [pp. A1-A2]¶
SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK¶
PEOPLE OF THE STATE OF NEW YORK,¶
Plaintiff-Respondent,¶
Index No.: 30129-2010¶
- against -
JEFFREY E. EPSTEIN,¶
PRE-ARGUMENT STATEMENT¶
Defendant-Appellant.¶
-
TITLE OF ACTION: As set forth in caption.
-
FULL NAMES OF ORIGINAL PARTIES AND ANY CHANGE IN THE PARTIES: As set forth in caption. There has been no change in the parties.
-
NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR APPELLANT OR PETITIONER:
Jay P. Lefkowitz, P.C.¶
Sandra Lynn Musumeci¶
KIRKLAND & ELLIS LLP¶
601 Lexington Avenue¶
New York, New York 10022-4611¶
Telephone:¶
Facsimile:¶
- NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR RESPONDENT:
Cyrus R. Vance, Jr.¶
NEW YORK DISTRICT ATTORNEY’S OFFICE¶
One Hogan Place¶
New York, NY 10013¶
Telephone:¶
-
COURT AND COUNTY, OR ADMINISTRATIVE BODY, FROM WHICH APPEAL IS TAKEN: New York Supreme Court (Criminal Term), New York County.
-
THE NATURE AND OBJECT OF THE CAUSE OF ACTION OR SPECIAL PROCEEDING: Sex Offender Registration Act (SORA) hearing, pursuant to Article 6-C of the Correction Law.
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RESULT REACHED IN THE COURT OF ADMINISTRATIVE BODY BELOW: Supreme Court, New York County, adjudged appellant Jeffrey E. Epstein to be a Level 3 sexual offender, without additional designation.
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GROUNDS FOR SEEKING REVERSAL, ANNULMENT, OR MODIFICATION: The Court’s designation of appellant Jeffrey E. Epstein as a Level 3 sexual offender was an abuse of
EFTA00180927¶
A2¶
discretion and constituted reversible legal error based, in part, on the following: (1) the Court improperly relied on untrustworthy double and triple hearsay contained in the recommendation of the Board of Examiners of Sex Offenders, even though the District Attorney, as the party appearing on behalf of the State, rejected much of the Board’s recommendation as not constituting clear and convincing evidence to support a Level 3 designation where such hearsay allegations were rejected as a basis for state prosecution; (2) the Court failed to provide the parties with an opportunity to present evidence on contested issues, as required by statute, and instead relied wholesale upon the recommendation of the Board, over the objection of the District Attorney, without any inquiry; (3) the Court did not apply the guidelines established by the Board, as required by statute; and (4) the Court failed to set forth the findings of fact and conclusions of law on which its determinations in support of a Level 3 designation were based, as required by statute.¶
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THERE IS NO RELATED ACTION OR PROCEEDING NOW PENDING IN ANY COURT OF THIS OR ANY OTHER JURISDICTION.
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THERE IS NO ADDITIONAL APPEAL PENDING IN THIS ACTION.
Dated: February 9, 2011¶
Jay P. Lefkowitz, P.C.¶
Sandra Lynn Musumeci¶
KIRKLAND & ELLIS LLP¶
601 Lexington Avenue¶
New York, New York 10022-4611¶
Telephone:¶
Facsimile:¶
Attorneys for Defendant-Appellant Jeffrey E. Esptein.¶
-2-¶