EFTA00190528¶
Villafana, Ann Marie C. (USAFLS)¶
| From: | Villafana, Ann Marie C. (USAFLS) <AVillafana@usa.doj.gov> |
| Sent: | Tuesday, July 08, 2008 12:17 PM |
| To: | Lee, Dexter (USAFLS) |
| Subject: | RE: Factors in Not Disclosing Plea Agreement Terms |
Hi Dexter – I will forward to you an e-mail that I sent to Jeff and Alex about victim notification during the negotiations. The terms of the agreement were proposed by Matt Menchel, and I worked on drafting an agreement in accordance with those terms.¶
I think the Office’s position is that the number of victims, timing, and the confidentiality provisions included in the agreement made victim notification impossible. I would add that, after seeing how the defense twisted the disclosure of the terms to the first few victims, premature notification of them would have compromised their trial testimony.¶
A. Marie Villafaña¶
Assistant U.S. Attorney¶
500 S. Australian Ave, Suite 400¶
West Palm Beach, FL 33401¶
Phone 561 209-1047¶
Fax 561 820-8777¶
| From: | Lee, Dexter(USAFLS) |
| Sent: | Tuesday，July 08，2008 12:09 PM |
| To: | Villafana，Ann Marie C.(USAFLS) |
| Subject: | Factors in Not Disclosing Plea Agreement Terms |
Marie,¶
The Attorney General’s Guidelines lists several factors in determining whether to notify a victim of a proposed plea agreement:¶
(3) Proposed Plea Agreements. Responsible officials should make reasonable efforts to notify identified victims of, and consider victims’ views about, prospective plea negotiations. In determining what is reasonable, the responsible official should consider factors relevant to the wisdom and practicality of giving notice and considering views in the context of the particular case, including, but not limited to, the following factors:¶
(a) The impact on public safety and risks to personal safety.¶
(b) The number of victims.¶
(c) Whether time is of the essence in negotiating or entering a proposed plea.¶
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EFTA00190529¶
(d) Whether the proposed plea involves confidential information or conditions.¶
(e) Whether there is another need for confidentiality.¶
(f) Whether the victim is a possible witness in the case and the effect that relaying any information may have on the defendant’s right to a fair trial.¶
When we spoke this morning, you told me that the initial agreement with Epstein was reached in September 2007. An addendum was negotiated in October 2007. Finally, an additional portion of the agreement was signed in December 2007.¶
Did we consider these, or any other factors, in deciding not to advise the victims of the plea negotiations, which appeared to have commenced in mid-2007? Thanks.¶
Dexter¶
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