034.pdf

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA, CRIMINAL DIVISION
STATE OF FLORIDA,
vs.
JEFFREY EPSTEIN,
Defendant.
Case Nos. [Redacted]
2008-9381CF AXX
NONPARTY [REDACTED] MOTION TO VACATE ORDER SEALING RECORDS AND UNSEAL RECORDS
[REDACTED] a nonparty, moves pursuant to the Rules of Judicial Administration Rule 2.420(d)(5) to vacate the order sealing records and unseal two documents in these files on the following grounds:
1. [REDACTED] is a victim of sexual abuse by defendant who was convicted of procuring a person under 18 for prostitution and felony solicitation of prostitution. See attached judgments of conviction (Exhibit “A”.) [REDACTED] presently has a pending civil action in this court against defendant for damages. Case number 502008CA028058XXXXMB AB.
2. On June 30, 2008 and August 25, 2008, this Court sealed two documents, a non-prosecution agreement and an addendum to non-prosecution agreement. See attached copies of envelopes containing the sealed documents and also an Agreed Order Sealing Document In Court File entered July 2, 2008 (Exhibit “B”.)
3. The sealing of these documents was done without written motion required by Rule 2.420(d)(1) or notice to the public, the media, the record newspaper and the victims of defendant required by Rule 2.420(d)(2). The Agreed Order does not set forth the SENT TO JUDGE ON 6/3/09 BY [Signature] SCANNED JUN - 3 2009

grounds set forth in Rule 2.420(d)(3). The clerk of court did not post a copy of the notice of the order as required by Rule 2.420(d)(4).
4. The sealing of these documents was also done contrary to the Administrative Orders of this Court, AO 2.104, 2.032, 2.303 and 11.046.
5. The request to seal the first document was made orally at the plea hearing on June 30, 2008. A copy of the relevant portion of the transcript is attached (see pages 38-40) (Exhibit “C”.)
6. It is against public policy for these documents to have been sealed and hidden from public scrutiny. As a member of the public, [REDACTED] has a right to have these documents unsealed. Furthermore, these documents are relevant and material to [REDACTED] civil action against defendant. As stated in the plea colloquy, they were an inducement for defendant to enter into his guilty pleas. They are proper objects of discovery. However, unless they are unsealed, [REDACTED] is unable to obtain them or utilize them in her case.
7. Pursuant to Rule 2.420(d)(5), the Court must hold a hearing on this motion in open court.
WHEREFORE movant requests the Court vacate the order sealing records and unseal the two documents.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via U.S. Mail and Facsimile this 1 day of June, 2009 to: A. Marie Villafana, Esq., U.S. Attorney, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401 (561) 820-8777.

ROTHSTEIN ROSENFELDT ADLER
Attorneys for Plaintiff
401 East Las Olas Blvd., Suite 1650
Fort Lauderdale, Florida 33394
Telephone (954) 522-3456
Telecopier (954) 527-8663
By: [Signature]
Bradley J. Edwards
Florida Bar No. 542075
bedwards@rra-law.com
William J. Berger
Florida Bar No. 197701
wberger@rra-law.com

[Exhibit A]
IN THE CRIMINAL DIVISION OF THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY
CASE NO 06 CF 9454 AMB W
OBTS NUMBER 2006 CF 9454 AXX
STATE OF FLORIDA
Jeffrey E. Epstein
DEFENDANT
1/20/53 W M
DATE OF BIRTH RACE GENDER
JUDGMENT
The above Defendant, being personally before this Court represented by J. Goldberger (attorney)
[X] Having entered a plea of guilty to the following crime(s):
COUNT 1
CRIME Felony Solicitation of Prostitution
OFFENSE STATUTE NUMBER(S) 796.07(2)(f)
DEGREE 3 deg F
[X] ADJUDICATION OF GUILT WITHHELD
[Signature] June 30, 2008

[Exhibit A continued]
CASE NO 08 CF 9381 AMB DIV W
STATE OF FLORIDA
Jeffrey E. Epstein
DEFENDANT
1/20/53 W M
JUDGMENT
The above Defendant, being personally before this Court represented by J. Goldberger
COUNT 1
CRIME Procuring Person Under 18 for Prostitution
OFFENSE STATUTE NUMBER(S) 796.03
DEGREE 2 deg F
[X] ADJUDICATION OF GUILT WITHHELD
[Signature] June 30, 2008

[Exhibit B]
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BEACH COUNTY
CASE NO. 2006 CF 009454
STATE OF FLORIDA VS Jeffrey Epstein
ON July 2, 2008
[X] Other Non-Prosecution Agreement
SEALED IN COURT FILE, NOT TO BE OPENED WITHOUT ORDER OF COURT

[Exhibit B continued]
CASE NO. 06 CF 009454 AXX
STATE OF FLORIDA VS Jeffrey Epstein
ON 8/25/08
[X] Other Addendum to the Non-Prosecution Agreement
SEALED IN COURT FILE, NOT TO BE OPENED WITHOUT ORDER OF COURT

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA
STATE OF FLORIDA
vs.
JEFFREY EPSTEIN,
Defendant.
CASE NO.: 2006CF009454AXX
DIVISON: "W"
AGREED ORDER SEALING DOCUMENT IN COURT FILE
THIS MATTER came before the Honorable Judge Deborah Dale Pucillo on June 30, 2008 during a plea conference in the above-referenced case number. The Court being fully apprised in the circumstances, it is hereby:
ORDERED AND ADJUDGED that the document filed by the Defendant on July 2, 2008 be sealed by the Clerk in the court file.
DONE AND ORDERED in chambers, West Palm Beach, Palm Beach County, Florida this 2 day of July, 2008.
[Signature]
DEBORAH DALE PUCILLO
Circuit Court Judge
Copies forwarded to:
Jack A. Goldberger, Esq.
Counsel for the Defendant
250 Australian Avenue South, Ste. 1400
West Palm Beach, Florida 33401
Lanna Belohlavek, Esq.
Assistant State Attorney
(interoffice)

[Exhibit C]
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA
CRIMINAL DIVISION
STATE OF FLORIDA
vs
JEFFREY EPSTEIN
Defendant.
CASE NO. 06 CF 9454 AMB W / 08 9381 CF AMB
PLEA CONFERENCE
PRESIDING: HONORABLE DEBORAH DALE PUCILLO
APPEARANCES:
ON BEHALF OF THE STATE:
BARRY E. KRISCHER, ESQUIRE
State Attorney
401 North Dixie Highway
West Palm Beach, Florida 33401
By: LANNA BELOHLAVEK, ESQUIRE
Assistant State Attorney
ON BEHALF OF THE DEFENDANT:
ATTERBURY, GOLDBERGER & WEISS, P.A.
250 Australian Avenue South
Suite 1400
West Palm Beach, Florida 33401
By: JACK GOLDBERGER, ESQUIRE
June 30, 2008
Palm Beach County Courthouse
West Palm Beach, Florida 33401
Beginning at 3:40 o'clock, a.m.
PHYLLIS A. DAMES, OFFICIAL COURT REPORTER

[Page 38]
on that, Your Honor?
THE COURT: It is going to be recorded.
MR. GOLDBERGER: That's fine.
THE COURT: Defendant needs to approach as well.
(Whereupon, there was a conference at the bench.)
MR. GOLDBERGER: The reason why I asked to come sidebar, there is a nonprosecution agreement with the United States Attorney's office that triggers as a result of this plea agreement. In other words, they have signed off and said they will not prosecute Mr. Epstein in the Southern District of Florida for any offense upon his successful taking of this plea today. That is a confidential document that the parties have agreed to. Just in an abundance of caution, I wanted to tell the court.
THE COURT: I understand, that would also be invalidated should he violate his community control?
MR. GOLDBERGER: Absolutely. That

[Page 39]
nonprosecution agreement --
MS. BELOHLAVEK: They spell all that out.
THE COURT: Mr. Epstein needs to come closer.
Mr. Epstein, your attorney has told me that in addition to everything, we talked about another Inducement, shall we say, to your taking this plea is that the U.S. Attorney for the Southern District of the State of Florida, federal prosecutor, has agreed to a nonprosecution agreement with you, meaning that if you successfully complete probation and do everything you're supposed to, they have, have agreed not to prosecute you federally, did you understand that?
THE DEFENDANT: Yes, ma'am.
THE COURT: And I would view that as a significant inducement in accepting this plea.
MS. BELOHLAVEK: They are actually in court here today, also.
THE COURT: Okay.
MR. GOLDBERGER: And the plea

[Page 40]
agreement very carefully spelled out if there was a breach that would violate this agreement, so we are well aware of it.
THE COURT: Okay. I would request that a sealed copy of that -- Mr. Epstein has signed that document?
MR. GOLDBERGER: Yes, I would like to seal the copy.
THE COURT: I want a sealed copy of that filed in this case. That is the only other condition of the agreement that is influencing this defendant to make this decision?
MR. GOLDBERGER: Absolutely. I think that's the right idea.
(Return to open court.)
THE COURT: Mr. Epstein, is there anything else?
THE DEFENDANT: No, ma'am.
THE COURT: Because I don't take these pleas unless they are freely and voluntarily made.
THE DEFENDANT: I understand that.
THE COURT: I also don't want somebody or anybody coming back a year,