HOUSE_OVERSIGHT_016469¶
From: Susan Edelman [mailto:sedelman@nypost.com] Sent: Wednesday, December 5, 2018 12:41 PM To: Frost, Danny frostd@dany.nyc.gov Subject: Re: request Hì Dan, It’s for my information — not publication. Thanks much, Sue Susan Edelman Reporter 1211 Avenue of the Americas, New York, NY, 10036 917-584-7675 sedelman@nypost.com On Wed, Dec 5, 2018 at 12:38 PM Frost, Danny <frostd@dany.nyc.gov≥ wrote: Hi Sue - would I be sending the cover page for publication, or for your information? I am happy to send it to you not-for-publication, but if you intend to publish it, I need to check with our lawyers. Thanks. Danny Frost Director of Communications Manhattan District Attorney Cy Vance, Jr. 212-335-9400 // @ManhattanDA From: Susan Edelman [mailto:sedelman@nypost.coml Sent: Wednesday, December 5, 2018 12:35 PM To: Frost, Danny <frostd@dany.nyc.gov› Subject: Re: request Hi Danny, HOUSE_OVERSIGHT_016470¶
Thanks. Can you send me a PDF of the cover page? Who issued that order? We always get such court documents — with the names and ID of victims redacted. The whole document is not withheld. Sue Susan Edelman Reporter 1211 Avenue of the Americas, New York, NY, 10036 917-584-7675 sedelman@nypost.com On Wed, Dec 5, 2018 at 12:28 PM Frost, Danny <frostd@dany.nyc.gov› wrote: Hi Sue - l’ve confirmed that the brief is filed under seal. It contains the following header on the cover page: “Pursuant to Civil Rights Law § 50-b, the identities of the victims, who are the victims of sex offenses, shall be confidential, and this document shall not be made available for public inspection.” Accordingly we must decline your request. Thanks. Danny Frost Director of Communications Manhattan District Attorney Cy Vance, Jr. 212-335-9400 // @ManhattanDA From: Susan Edelman [mailto:sedelman@nypost.com] Sent: Tuesday, December 4, 2018 6:34 PM To: Frost, Danny frostd@dany.nyc.gov Subject: request Hi Danny, Following up on the Epstein case: HOUSE_OVERSIGHT_016471¶
Can you send me the DA’s appellate brief in the sex-offender registry case? I understand you may have to redact the names of any victims. Please let me know as soon as possible. Thank you, Sue Susan Edelman Reporter 1211 Avenue of the Americas, New York, NY, 10036 917-584-7675 sedelman@nypost.com This email communication and any files transmitted with it contain privileged and confidential information from the New York County District Attorney’s Office and are intended solely for the use of the individuals or entity to whom it has been addressed. If you are not the intended recipient, you are hereby notified that any dissemination or copying of this email is strictly prohibited. If you have received this email in error, please delete it and notify the sender by return email. HOUSE_OVERSIGHT_016472¶
EXHIBIT E HOUSE_OVERSIGHT_016473¶
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JEFFREY E. EPSTEIN, Defendant-Appellant. AFFIRMATION IN RESPONSE TO MOTION N.Y. Co. Ind. No. 30129/10 Cal. Date: December 31, 2018 KAREN FRIEDMAN AGNIFILO, an attorney duly admitted to practice before the courts of this State, affirms under penalty of perjury that: I am an Assistant District Attorney, of counsel to CYRUS R. VANCE, JR., District Attomey of New York County, and I submit this affirmation on behalf of the People in response to a motion filed by non-party movant NYP Holdings, Inc. (the “Post”’) to “unseal” the appellate briefs from 2011, pertaining to the adjudication of defendant Jeffrey E. Epstein as a Level III sex offender under the Sex Offender Registration Act (“SORA”). Civil Rights Law § 50-b provides that the identities of the victims of sex offenses must remain confidential and that documents beating identifying information should not be made available for public inspection. Despite those protections, the Post seeks copies of the appellate briefs, with the names or initials of Epstein’s sex crimes victims redacted, for use in reporting about the procedural history underlying defendant’s SORA adjudication. HOUSE_OVERSIGHT_016474¶
In order to protect the privacy interests of victims of sex crimes, the plain language of Civil Rights Law § 50-b prohibits production to the public of the appellate briefs, which would reveal the identities of many of defendant’s sex crime victims. To be sure, the statute provides for a narrow exception to the confidentiality requirement, permitting disclosure, by court order, of information for “good cause” and upon “notice to the victim… and the public officer oi employee charged with the duty of prosecuting the offense.” Civil Rights Law § 50-b(2)(b). We note that the prosecuting agencies for defendant’s underlying sex crimes are the federal and local prosecutor’s offices in Flotida, where defendant was charged. By all appearances, the Post has yet to furish the requisite notice to either the appropriate prosecuting agencies or to the victims themselves. And to the extent that the Post is unable to furnish notice to the victims, this Office, which was not the prosecuting agency, is not in a position to do so. 3. In any event, and in keeping with the People’s obligation under Civil Rights Law § 50-b to protect the privacy of the victims of sex crimes, we cannot agree to the wholesale production of the People’s appellate brief or even to a production of the People’s brief with redactions of the names or initials of Epstein’s victims.’ However, if this Court is inclined to grant the Post’s motion, we would not oppose producing a copy of the People’s brief, with substantial redactions necessary to protect the identities of the victims but keeping ‘According to the Post’s filing, they have contacted defendant’s current counsel, who has reserved the right to oppose the disclosure of defendant’s appellate brief. 2 HOUSE_OVERSIGHT_016475¶
intact those portions of the brief that recount the procedural history of the SORA hearing, the portion of the brief that is seemingly of interest to the Post. Dated: New York, New York December 28, 2018 KAREN FRIEDMAN AGNIFILO Assistant District Attorney (212) 335-9000 Cc: Davis Wright Tremaine LLP John M. Browning 1251 Avenue of the Americas, 21st Floor New York, New York 10020-1104 3 HOUSE_OVERSIGHT_016476¶
SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: FIRST DEPARTMENT THE PEOPLE OF THE STATE OF NEW YORK, Respondent, -against- JEFFREY E. EPSTEIN, Defendant-Appellant AFFIRMATION IN RESPONSE TO NON-PARTY MOTION N.Y. County Ind. No. 30129/10 Cal. Date: December 31, 2018 CYRUS R. VANCE, JR. District Artomey New York County One Hogan Place New York, New York 10013 (212) 335-9000 Karen Friedman Agnifilo Assistant District Attomey Of Counsel HOUSE_OVERSIGHT_016477¶
EXHIBIT F¶