EFTA00194190 Villafana, Ann Marie C. (USAFLS)
From:Villafana, Ann Marie C.(USAFLS)
Sent:Wednesday，June 25，2008 10:44 AM
To:Sloman，Jeff(USAFLS)；Senior，Robert(USAFLS)；Atkinson，Karen(USAFLS)
Subject:Change of Plea Procedure
Hi all – I just spoke with . She said that it varies from judge to judge, and Judge McSorley can vary from day to day, but since Epstein is pleading guilty (as opposed to no contest), there should be a written plea agreement and a full plea colloquy that goes through all of the terms of the plea agreement and a factual proffer that the defendant has to agree to. She said that, after the rest of the colloquy is finished, the judge asks the prosecutor to state the factual basis, and the prosecutor then reads the factual proffer into the record. After it is read, the judge asks the defendant is he did the things recited in the proffer and/or if he agrees that the State could prove those facts. She said that the length and detail of the factual proffer varies from prosecutor to prosecutor and thought that Lanna was less detailed than most. I will try to send you a proposed factual proffer later this afternoon. 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 Tracking: 834 EFTA00194191