EFTA02729757.pdf

r 1 1 IN THE CIRCUIT COURT OF THE ppp FIFTEENTH JUDICIAL CIRCUIT• 2 IN AND FOR PALM BEACH COUNTY, FLOR t IDA CRIMINAL DIVISION 3 4 STATE OF FLORIDA ) 5 ) VS ) CASE NO. 06 CF9454AMB 6 ) 08 9381CFAMB JEFFREY EPSTEIN ) 7 ) Defendant. ) 8 ) 9 PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OP THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEIS 18 S,P.A. 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 21 CERTIFIED COPY 22 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09/12/2019 Page 4029 Agency to Agency Requet: 19-011 CONFIDENTIAL SDNY_GM_00332047 EFTA_00204773 EFTA02729757  4 2 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of I 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 west Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFF CI COURT REPORTE4ency to Agency Requet: 19-011 09/12/2019 LA CONFIDENTIAL SDNY_GM_00332048 EFTA 00204774 EFTA02729758  A 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 affidavits. There was originally an 4 Indictment, the second charge was filed 5 arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? 11 MS. BELOHLAVEK: Correct. 12 THE COURT: So one case is charged by 13 Indictment, one is charged by Information? to 14 MS. BELOHLAVEK: Correct. I; 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree U 18 19 felony, maximum penalty of fifteen years Department of Corrections; minimum, some U 20 period of probation. No mandatory minimum 21 apply, is that correct, State? U 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CP, you are charged with felony 25 solicitation to prostitution, a third U 09112/2019 PHYLLIS A. DAMES, OFFAVW, COURT REPORTEARmywAgencyRequa19-01 U CONFIDENTIAL SDNY_GM_00332049 EFTA_00204775 EFTA02729759  4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We eO agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my PHYLLIS A. DAMES, OPPrraing t COURT REPORTERDency to Agency Requet: 19-411 09112/2019 CONFIDENTIAL SDNY_GM_D0332050 EFTA 00204776 EFTA02729760  4 5 1 client to community control, sex offender status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day U 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit U 23 for one day served. And the six month 24 sentence is to be served consecutive to the U 25 12 month sentence? 11 09112/2019 PHYLLIS A. DAMES, OFpagIlAk COURT REPORT5gancywAgencyftwa19-O1 U CONFIDENTIAL SDNY_GM_00332051 EFTA_00204777 EFTA02729761  6 1 MS. BELOHLAVEK: Correct. 2 THE COURT: TSTIOVIng iE1- 517i—MonEEF 3 sentence, the defendant will be placed on 4 12-months of community control one. The 5 conditions of the community control are 6 attached hereto and incorporated herein. 7 As a special condition of 8 community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of 12 time, not after the fact by the Department 13 of Corrections. And you would mean by that 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defendint is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435. and must abide by 19 all the corresponding requirements of the U 20 statute, a copy of which Jai attached hereto 21 and incorporated herein. The defendant U 22 must provide a DNA sample in court at the U 23 time of this plea. Is this the -- and the 24 attachments are the terms and conditions of 25 community control. There are some PHYLLIS A. DAMES, OFTIgi COURT REPORTER MOVM19 Agency to Agency Requet: 19-411 CONFIDENTIAL SDNY_GM_00332052 EFTA_00204778 EFTA02729762  7 I 1 squiggles on the bottom of the page, what 2 would those squiggles be? I 3 MR. GOLDBERGER: Thank you, Your 4 Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 sheet that really spells out .the terms and ti 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE. COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? 09112+2019 PHYLLIS A. DAMES, OFTWab COURT REPORTS. mywAgencyRequmm9411 CONFIDENTIAL SDNY_GM_00332053 EFTA_00204779 EFTA02729763  8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 1 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 1 12 you will then be put on community control 13 which involves having an electronic monitor l b 14 attached to you and -- E 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, its Li 17 community control one which is not monitor. U 18 19 THE COURT: Oh, community control one, is that spelled out in here? U 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your U 22 Honor. U 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which i Ii • 25 requires the bracelet. r 09/12/2019 PHYLLIS A. DAMES, _ns...cyto Agency Baguet: 19-411 OFF, R4M4 COURT REPORTS U CONFIDENTIAL SDNY_GM_00332054 EFTA 00204780 EFTA02729764  4 9 1 THE COURT: Community control two. 2 MS. BELOHLAVEK: Correct. 3 THE COURT: Community control one 4 that would be no electronic monitor? 5 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? f• 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on U 17 Community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet U 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and 09/12/2019 PHYLLIS A. DAMES, OFKR.Taib COURT REPORISHemyt44wcyftwetm4411 CONFIDENTIAL SDNY_GM_00332055 EFTA 00204781 EFTA02729765  10 1 probation officer, specified by who? 7 - 15M5BrtnirlInrcEnrearri-er -by you, 3 Your Honor. 4 THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the I 6 questions. No one has specified how often, 7 how frequently he is to have contact with 6 his parole and probation officer. 9 Confinement to an agreed upon residence 10 during the hours away from employment and 11 public service activity, has that been 12 articulated? 13 MS. BELOHLAVEK: I believe b. 14 Judge McSorley has a standard order 11 15 somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 11 17 MS. LENHARDT: Judge, usually this is 11 19 the probation sheet she hands out to folks. THE COURT: I have seen those 1.1 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. U 22 MR. GOLDBBRGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? 09112/2019 PHYLLIS A. DAMES, OFD 464 COURT REPORTEAwxywAgemyRequet19411 CONFIDENTIAL SDNY_GM_00332056 EFTA_00204782 EFTA02729766  11 MS. BELOHLAVEK: I didn't realize until Ms. Lenhardt just told me that Judge 3 McSorley has that. 4 MR. GOLDBERGER: We'd be happy to 5 execute that document, Your Honor. We were 6 -- we overreacted by just having him sign 7 off on all conditions of community control. 8 THE COURT: Well, this is -- 9 MR. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reason. 12 Judge McSorley does this which makes 13 ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves now what the -- 16 1i 17 MR. GOLDBERGER: THE COURT: That makes sense. I'm not going to leave U 18 19 this just unspecified. MS. BELOHLAVEK: We can take care of U 20 that right now if you could give us a few 21 minutes. U 22 THE COURT: All right. U 23 24 These are the standard conditions that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that 09112/2019 PHYLLIS A. DAMES, OFTicTligg COURT REPORTRIemywAgemysequet14411 U CONFIDENTIAL SDNY_GM_00332057 EFTA_00204783 EFTA02729767  12 1 apply and everyone must initial them. We • 2 will go over it. If you wish to change -- 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you 6 agree to some change, let me know', but 7 understand at the outset that I'm a big fan 8 of specificity. I want to know what he 9 will be doing for employment. I want to 10 know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC. I want it crystal 14 clear. I don't want the community control 15 officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt 17 or confusion as to exactly what this 18 defendant is supposed to do, where he is 19 supposed to be when, exactly what I am 20 requesting that officer to supervise. 21 MS. BELOHLAVEK: U 22 THE COURT: Okay. Absolutely. U 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. 09/1V2019 PHYLLIS A. DAMES, OFFWA5COURT REPORTEAmywAgemotelmm8411 CONFIDENTIAL SDNY_GM_00332058 EFTA 00204784 EFTA02729768  13 1 (Brief recess.) r7—"c 2 MR.7anDBERGER: Your Honor, we are 3 back on Jeffrey Epstein, actually it ' 4 worked, we had an opportunity to go through 5 Judge McSorley's conditions of community 6 control and we asked the Department of 7 Corrections representative to assist us to 8 make sure we did everything properly. 9 They were very helpful and we executed the 10 document. 11 MS. BELOHLAVEK: Yes, and Your Honor, 12 this defendant doesn't fall under the sex 13 offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. [I 17. THE COURT: The plea agreement stated 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make _) 09112/2019 PHYLLIS A. DAMES, OFF IAI4 COURT REPORTE4encyto Agency secwsm4411 CONFIDENTIAL SDNY_GM_00332059 EFTA_00204785 EFTA02729769  14 1 sure both I and the defendant are clear. 2 The sexual offender statute you are 3 referring to in the plea sheet is the one I 4 that requires registration? 5 MS. BELOHLAVEK: Correct. 6 MR. GOLDBERGER: Correct. 7 THE COURT: And we will talk about 8 that. 9 MR. GOLDBERGER: Okay. 10 THE COURT: But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: Correct'. ') 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAVEK: He's read it. 18 THE COURT: We will leave it in 19 there. But these conditions we are going 20 to go over right now are going to be viewed 21 in my mind, yes, and they have been signed 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. 24 MS. BELOHLAVEK: Correct. 25 THE COURT: So circled are 09112+2019 PHYLLIS A. DAMES, OF4W4,4,TeCOURT REPORTEAsmyoAgercyRequmm4411 CONFIDENTIAL SDNY_GM_00332060 EFTA_00204786 EFTA02729770  15 1 conditions, A, you will remain confined to 2 your residence except one half hour befote I 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 . supervising officer upon request. My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION. OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 09112/2019 I043 Agency to Agency Requet: 19-011 CONFIDENTIAL Pa SDNY_GM_00332061 EFTA 00204787 EFTA02729771  16 1 PROBATION OFFICER: That is correct, g \ 2 Your Honor. 1 • 3 THE COURT: As will his supervising 4 probation officer. And.then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. made one up, 19 the defendant will be residing at U 20 He 21 knows now that U 22 living when he is that's where he will released after his be 12 U 23 months and six months. 24 MR. GOLDBERGER: That is correct, U 25 Your Honor. uJ U NinV2019 PHYLLIS A. DAMES, OFFWaim COURT REPORTERwcywAgencyRequmm9411 CONFIDENTIAL SDNY_GM_00332062 EFTA_00204788 EFTA02729772  .• 17 1 • 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 1; 8 9 that he no longer owns the residence? MR. GOLDBERGER: Not anticipated, 11 10 Your Honor. 11 THE COURT: Okay. Should he not be [1 12 for whatever reason -- 18 -months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 this, prior to his release from custody. I U 18 assume that the department will to his release? be notified U 19 20 prior to, PROBATION OFFICER: That is correct, U 21 22 Your Honor. THE COURT: And then you would need 23 to send someone to meet with him before he 24 walks out of the Palm Beach County jail and U 25 verify his address and employment 09112+2019 PHYLLIS A. DAMES, OBBINCAL COURT REPORTBAmywAgencypequmm9411 U CONFIDENTIAL SDNY_GM_00332063 EFTA 00204789 EFTA02729773  r.t 18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this• to and from work and any other 5 approved activities restricts him to Palm 6 Beach County, is that correct? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: So let's be clear, 10 everything, from the day he walks out 11 occurs in Palm Beach County, is that clear? 12 MR. GOLDBERGER: We understand, Your 13 Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to G. 25 being at home in house from 10 p.m. to 6 09112/2019 PHYLLIS A. DAMES, onnaza4 COURT REPORTIRemywAgemy8wwifim0411 LA CONFIDENTIAL SDNY_GM_00332064 EFTA 00204790 EFTA02729774  19 1 a.m., is that correct? 2 MS. BELOHLAVER: Yes. 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case I because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place a where children regularly congregate. 9 Has someone verified that 10 is such a place? 11 MS. BELOHLAVER: No, but that will be 12 done prior to his release. 13 THE COURT: So will not C) 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place 17 this is rather open. 18 MR. GOLDBERGER: Where children U 19 gather. U 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVER: Right. THE COURT: The Court knows U 23 24 is a residential neighborhood, ) 25 are there areas there where children U PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 0911212019 Paet047 Agency to Agency Requet: 19-411 U CONFIDENTIAL SDNY_GM_00332065 EFTA 0020479I EFTA02729775  20 1 regularly congregate? 2 MS. BELOHLAVEK: I personally do not 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? 7 MR. GOLDBERGER: We have done our due 8 diligence, for what it's worth, there is a 9 residential street. There are not children 10 congregating on that street. We think the 11 address applies, if it doesn't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shall 14 not have any contact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK: There's several. 17 THE COURT: Several, all of the 18 victims. So this should be plural. I'm 19 making that plural. You are not to have 20 any contact direct or indirect, and in this 21 day and age I find it necessary to go over 22 exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no MJ 25 telephone calls, no voice mails, no U 09/12/2019 PHYLLIS A. DAMES, OFRWN6 COURT REPORT44,mywAgemy Rwet19.M1 U CONFIDENTIAL SDNY_GM_00332066 EFTA_00204792 EFTA02729776  21 1 messages through carrier pigeon, no yen throwgh—th±rd—par , no—hey 3 would you tell so and so for me, no having 4 a friend, acquaintance or stranger approach any of these victims with a message of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 11 9 unless approved by the victim, the fl 10 11 therapist and the sentencing court. THE DEFENDANT: I understand. Okay. 11 12 THE COURT: And the sentencing court. 13 So, if there is a desire which, I would 14 think would be a bit strange. to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 11 22 program. So, is this sex offender program 11 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFF_ICIA.L COURT REPORTE4 ency to Agency Requet: 19-411 09112/2019 Page 4049 U CONFIDENTIAL SDNY_GM_00332067 EFTA_00204793 EFTA02729777  22 3. THE COURT: You did. 2 MKT—GOLDBERGER: That- s a mil-Cake on 3 our part. Actually the statute that he im 4 pleading guilty to does not require the -- 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 9 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 13. adequate substitute for sex offender 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and based upon the evaluation and 15 my contact with that doctor, I don't 16 believe it's necessary at this point. 3.7 THE COURT: Has that been -- I assume 18 you have a law degree and do not have a 19 Ph.D in a psychology or MD in psychiatry? U 20