EFTA00191361 5/2/2014 Case 9:08-cv-80736-KAMinal Document 247s 0 re entered on FLSDw Docket 05/02/2014 Page 11 of Subscribe Help 84° 11:87° L:74° Friday, May 2, 2014 Resize text A A . A Appellate ruling could force feds to reconsider sex charges against Palm Beacher Epstein Posted. 9.25 p.m. Monday, April 21, 2014 BY DAPHNE DURET - PALM BEACH POST STAFF WRITER A federal appellate court has moved two young victims of billionaire sex offender Jeffrey Epstein a step closer to wiping out a plea deal that prosecutors made behind their backs. The 11th Circuit Court of Appeals ruled Friday that the underage victims were entitled to see all correspondence between federal prosecutors and Epstein's lawyers regarding a secret 2007 plea deal that kept Epstein from federal charges in exchange for an 18-month work-release sentence in state prison. The plea negotiations took place as Epstein litigated a series of now-settled civil claims surrounding allegations that he had sex in his Palm Beach mansion with dozens of underage girls. The two victims who are seeking the documents are not identified in court documents. They were 12 and 13 at http://www.mypalmbeachpost.com/news/news/appellate-ruling-could-force-feds-to-reconsider-se/nffLwr?cid=pbp_internallink_mypbpinvitationbox_feb2014_99cda 1/6 EFTA00191362 5/2/2014 Case 9:08-c-80736-KA Mllat Document 2478 re Entered on FL$DwDookot05/02/2014 Page 12 of the time of their liaisons with Epstein, who pleaded guilty to two prostitution solicitation charges. The girls reached an out-of-court settlement with him. In ruling that the correspondence should be public, the appellate court authorized the release of more than 500 pages of documents. The victims' lawyers would use the documents to prove that, by keeping the agreement secret, prosecutors violated a federal act aimed at protecting victims' rights. A win in that battle could invalidate Epstein's agreement with federal prosecutors, allowing them to reconsider criminal charges, but this time with input from the victims. Epstein's lawyers argued that the correspondence constituted confidential plea negotiations and therefore should not be shared with the victims' lawyers. "Although plea negotiations are vital to the functioning of the criminal justice system, a prosecutor and target of a criminal investigation do not enjoy a relationship of confidence and trust when they negotiate," the appellate justices wrote, calling the prosecutor-defense attorney relationship adversarial. They upheld a 2013 ruling by U.S. District Court Judge Kenneth Marra. He ordered the release of all the plea documents, but only federal prosecutors complied. The victims' attorneys, Brad Edwards and Paul Cassell, have called the ruling a victory for the rights of victims to be heard, even in cases like Epstein's, where federal prosecutors ultimately never filed charges. The victims were unaware of the plea agreement until three days before Epstein pleaded to the state charges in June 2008. A federal deal had been in place for nine months by then. Had prosecutors filed charges and negotiated a plea with Epstein in federal court, they would be barred from seeking any additional punishment against him. But because his plea agreement to a sex solicitation charge came in state court, federal prosecutors theoretically could charge him again. Still, Epstein's lawyers could argue that the only reason he agreed to the state sentence was because he believed it would free him of the federal charges for good. Edwards said Epstein's attorneys have made parts of those arguments in pre-trial hearings, and he expects them to appeal Friday's ruling. Epstein's Boston-based attorney, Martin Weinberg, told the Palm Beach Daily News he would appeal. "While respectful of the panel's decision, given issues of overriding importance to the criminal justice system regarding the need for continued confidentiality for communications between defense lawyers and prosecutors, we will be petitioning the court of appeals for further review," Weinberg told the paper. Invalidating Epstein's plea would force federal prosecutors to meet with the alleged victims to hear their comments on whether to pursue charges against Epstein. They still could decline. "You can't force the federal government to prosecute anyone," Edwards said. "But we're hoping that if maybe http://www.rmypalmbeachpost.com/news/news/appellate-ruling-could-force-feds-to-reconsider-se/nfflwr?icid=pbp_internallink_mypbpinivationbox_feb2014_99cda 2/6 EFTA00191363 5/2/2014 Case 9:08-cv-80736-KAMilal Document 247-0 entered on FLSD Docket 05/02/2014 Page 13 of we get some new eyes on the case and the circumstances are different, things will change." ## In this Section Palm Beach County Sheriff's Office offers salute to 16 fallen in the line of duty over the decades Free movie at Boynton's Dewey Park on Friday Boynton Beach officers stop to investigate Camaro, witness theft of BMW; pursuit ends in crash Greenacres single-family home development moving forward Our Economy: Gardens complex lands 3 sizeable businesses Morning commute on 195, turnpike clear of crashes from Boca to Vero Find out how to work on the Riviera Beach marina development Royal Palm Beach Publix sells Fantasy 5 ticket now worth more than $111K Sun, rain today and mostly rain Saturday in Palm Beach County, TCoast 3 NYPD officers arrested in separate gun incidents PREVIOUS: LOCAL Tequesta crash sends seven people to hospitals NEXT: OPINION Commentary: Has GM pulled a Pinto? 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