EFTA00216007.pdf

• IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO CLARIFY SENTENCE TO CORRECT SCRIVENER'S ERROR COMES NOW the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney and moves this Honorable Court to enter an Order clarifying the sentence to correct a scrivener 's error contained in the sentencing documents in the Defendant's case. In support thereof the Defendant would state as follows: 1. The Defendant was charged by Information in the above referenced case and the case was assigned to Criminal Division "W. 2. The case was resolved by a guilty plea after plea negotiations between the parties. It was a condition of the plea negotiations that the case be resolved on June 30, 2008. 3. The case was scheduled for a plea conference on June 30, 2008 in Criminal Division "W", the division that this case and the companion case had always been assigned to. On that date, retired Judge Deborah Pucillo was substituting for the assigned Division "VV" judge, Sandra McSorley, because Judge McSorley would not be sitting on that day. 4. Judge Pucillo handled all cases assigned to Division "W' on June 30, 2008 including that of the Defendant. EFTA00216007  5. The Defendant, Jeffrey Epstein, entered his guilty pleas on June 30,•2008 in Division "W' before Judge Pucillo. All plea documents and court commitments from court on June 30, 2008 reflect that this was a Division "W' case and was being resolved in Division "W", the division the case had always been assigned to. 6. As part of the negotiated settlement of the case, the Defendant was sentenced to a twelve month sentence in Case No. 2006CF009454AXX, followed by a six month sentence on this case, consecutive with the first twelve month sentence in the in Case No. 2006CF009454AXX. The Defendant is sentenced to twelve months of community control I consecutive to the two above referenced jail sentences. The community control sentence begins only after the two jail sentences have been served. 7. On July 18, 2008 Judge Sandra McSorley, the permanent judge assigned to Division "W", signed an Order of Community Control, without notice to the parties, nunc pro tunc to June 30, 2008. The reason for this is that the substitute judge had neglected to sign an Order of Community Control in this case at the time of the plea. See the Order of Community Control attached as Exhibit "A". 8. The Order of Community Control signed by Division "W' Judge McSorley on July 18, 2008, contains a minor scrivener's error that needs to be corrected. The Order of Community Control could be misinterpreted to suggest that the Defendant was placed on community control on June 30, 2008 based on the box that the clerk checked in error when preparing the Order of Community Control. 9. The parties agree that the Defendant's twelve month sentence on Case No. 2006CF009454AXX is followed by a six month sentence in the instant case. The parties agree that the one year period of community control is to only begin after the Defendant EFTA00216008 has completed his jail sentences. 10 Assistant State Attorney Lanna Belohlavek does not to object to Motion to Clarify Sentence to Correct Scrivener's Error. WHEREFORE the Defendant moves this Honorable Court to enter an Order correcting the scrivener's error in the original Order of Community Control clarifying the intent to the parties that the Defendant's community control sentence begins only after his jail sentence terminates. I HEREBY CERTIFY that a copy of the foregoing has been furnished by mail to Lanna Belohlavek, State Attorney's Office, 401 North Dixie Highway, West Palm Beach, Florida 33401, this 4") day of December, 2008. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, Florida 33401 (561)659-8300 A. GOLDBERGER, ESQ. lorida Bar No.: 262013 EFTA00216009 •— - • . —— - .FM ' •' 11/ 25/2560 15: Ye 35536z • • • IN THE PIFFERIVIS JUDICIAL . STAT&OFFLORIDA . CIRCUIT COURT, IN AND POW' Plaintiff PAW MACH COUNTY ' -Vs- CASSITUMBIfft 502008CRO2P381AVOCNIB DIVISION . fricsaapy "W" DC NUNEBER W3$155 Defendant CIRCUIT NUMBER. 1$-4/.7ML SPLIT ORDER OF COMMUNITY CONTROL I and you. the defendant, being tow present before the mat This cause tooling before the Court to be heard, and you, having ❑ been found guilty by Jury verdict cf 633 catered a plea of guilty to .a jury of 0 been found guilty by she court trying the case without entered a pies of nolo contendere to FOR PROSTITUTION Count PROCURE MASON UNDER AGE_Q_I? 18 SECTION 1: JUDGMENT OF GUILT above offense(s). 5) The courtboreby adjudges you to be guilty of the sentence is hereby withheld and that you be placed therefore, it is ordered and adjudged that the imp:aloe of NOVI, under the supervid on of the Depart:nem of correction', subject to Florida law, ox Probatios I for a period of 31CTION 2t ORDER WITHHOLDING ADJUDICATION tion of guilt is bereby waneld and that you be placed on Q Now, therefore, it Is ordered end adjudged that the adjudiee under the supervis ion of the Departm ent of Corrections, euWeat to Florida law. - Probation for a period of_ VISION SENTENCE SECTION 3: INCARCERATION DURING PORTION Or SUPER It is hereby ordered end adjudged that you be: ❑ COMMilla XI the Deportment of Corrections or ❑ eonfined In the County Jail bra tem of whit =die for jell tine. After yotr balm weed_ of the immi, you shall be pladed on Probation for a period of ander the supervision 011ie Department of Corrections, subject to Florida Jaw. or • confined in the County Jolt HS fore um of SIX (61 MONTIS AS TO COUNT 11rOLLOWED AY TWELVE (IV MONT COMMUNITY CONIROL I CONIWUTIVE TO TEEM (121 monm sENTE NCE IN CAM 2608CFD0945AANIB with credit for ONE ti/DAY Jail limo, as a special coodition of supervision 10 IVNIH11k1110~bWIVd ptirmo H3VEI tI0SVHS MUal0 53309 MU S5 eh Ha I z 1FIf HOZ Page 1 of 8 Form Revised 034g-01 EFTA00216010  •• • cwt.= tvcr uo 3553626 l'1htiu11 latIOUJIFIL* • , 11/25/2008 15:28 JEFFREY EPSTEIN. . CASE150200,SCPX381Arats4B • Seed bandit/old of thatovislon as.proi)doll by Fipride .: sballoomply with the folknvieg • • . IT IS FURTFJER OuBRED that you hew you will unless otherwise to thopr obati ii office as direc ted Not later tenth -fi fth day of each months ' • •'. (I) Yoa will report your office r on the fonts provi ded for that purpose. ' make a full and bulbfoltirson to post of your sugerythslon fo amou nt of 3514 e per mont h, as well as 4% surcharge, toward this ' • . • (2) You will pay the State offloride the s Shemin exempted in compliance with Florida Stemma • .. atoordanos with tt. 948,O 9,F,S. , unles y of yew rosiclonte ied place . You will not chang e your residemoo or employment or leave the count (3) You will remain In a specif officer. • *tout first procuring &consent of yaw by the court any firearm or weapon, unless authorized (4) Yon will act possess, oarn or own violation to oonstituta a ing the law. A ochwietion is of law-shall not be necessary for snob a (5) You will livi wilhO ut ;thslit . . violation of your probethekommunity control. • person engaged in any criminal activity. -(6) YOU will tot associate with any a cian. .Nor vrill you visit drags or narcotics miles prescribed by physi" m You will not use into:d ards to, execs places where intoxicants, drugs or other / or posse ss any dangerous substances are unlawfully sold, dispensed or used. the probation status, and support any dependents to Yon W111 work dilige ntly r. a lawfu l oocupation, advise your employer of your (8) r. bast of your ability, as directedby your office or the officer, and allow you *facet° visit M. r all inquiries directed to you by the court (9) You will promptly and artfully answe with all instru ctions your officer may give you': your house . m your amplo pnent site or elsewhere, and you will comply • ed or in accordance with the attached foes in accordance with special conditions impos (1O)You will pay restitution, coon come, and/or ( ) ou will subm it to rand s testin g as direct ed by your officer or the professional ataff of the treatment canter where he/she is for the tests unless exempt (11)Y alcohol or Riegel. dings. You will bo required to pay receiving otatment to deurmine the prose= of by the court. as ribed in a, 943.325 aod as directed by your office), for DNA analysis presc (12)You will submit two kelps:mei specimens, 948.014. F.S. , A County, e from incarceration to the probation office in rahl_p_A (13)You will report in person within 72 bows of your releas . (This condi tion applie s only if sectio n 3 on the previ ous page is Plosida, unless Othenviao :no:Noted by the court or department d at 114 11a aas ints ma t imal s diately to the probation offies locate checked.) Otherwise, so must report imme ;ART Wrinkth1.33461, Form Revised 03-38-83 Page 2 of 8 iJ EFTA00216011  termini tatoUnruh • CM= 11/25/2008 15:28 3553626 JEFFREY EPSTEIN CASB1/502008CF009381A>9O1O3 • . SPECIAL C,ONDITIONS deemed :scenery, you must suceessiuDY oonnicta Alcohol evaluation end, if:tea:mom la -' -% • • •• . 1. You must :Stagg a Dreg and receiving said einiledlOn and trnaluttnti onion' treatme nt, end be tesponsi blo for the payment of any costa Wetted while • • . •-• • . . ... the - Waived by the court" • . . ' . • • . • ' . • • Additional itistraetbioidercdf . • . .. . urt, unto tic obligation is paid in MI: ' .. . • •. Will make niUtutio n 18/1/s followin g vionm(s), as dummied y the co • 0 2. You NAME: ' TOTAL AMOUNT; $ joint &several: • :-. . . monthly amount, begin date, due data, or .. • Additional instruct:3er ordarea, iooluding seoeifie NAME: TOTAL AMOUNT; date, orjoiot 43e soveralt monthly amount, begin date, duo Additional Ina nton= ordered, Including spode SPECIAL CONDITIONS — CONTINTIED Program or other residential treatment ions Non-Seattle Drug Treatment 3, You Will mate the Depettneut of Commot fe complet ion as approved by your °Meer. You tie to period of accesu . . • of JI program/Probation and Ar-stitutton Canter fors RegtilatIOns of AReivere. You are to oomply with all Rules and remain until you necossfully omelets told Program arid nt hi said program , and if you are confined in the jot), in the county jail until placeme the Program. Yira stall be confined the Sheriff will transport you to soid.prograca. • and/or Illegal drugs, and you. will not anocinte with anyone wbo is 4. You will abstain entirely from the use of alcohol illogally using drop or consum ing alcobol, to dew:mine the presence of alcohol onitegai drugs, Yon will ❑ 5. You will submit to urinalysis ming oat Ems& basis court be required to pay tomtit tests unions exempt by the is the sale sad dispensing of alcoholic beverages ❑ 6. Yon will not vide eny establishment where the primary bushman community service r: n rote of , at a wink site approved by your 7. You will sucocedully complete ^ hours of officer. Additional instruction ordered: 6 a.m. due to a curfew imposed, unless otherwise dinned by the 0 B. You will remain r, your residence between 10 p.m. and COWL ic, monitorhg, and pay te _pet month for the 0 9. You will submit to electronic monitories, follow tPcni)es of electron e directed by the eosin cost of the monitorks service, *as otherwis 10. You will not ancoltte with during 64:Period f BuPcrvisloc: family during de period of supervision, 11. You will have no contact (direct or /1604 With the victim or the vietira's 12. You will have ne must (direct or indirect) with during the period ofstpmvision. or a combination of school/work ' 13. You will mainuin fall :Imo omployment or rind school/vocational school full time during the term of stir supervision skill! Of a high school equivalency 14. You will make a good teth effort trommi oomph:ring bask or functional literacy diploma. 15, You will successfully complete the Probation St Restitution Program, abiding by all mks and regulations. Page 3 of 8 Pore Revised 034 B-C8 EFTA00216012  • Jobsb2b UMW ra.o.ranw: • fitiniZtllS8 • lb! 2b JEFFREY EPSTEIN CAMN502008C7009381A7OPIME maces .otherwlae directed . ' You Will attend Alcohol ics Anonym tnu or Narcotics Anonymous meetings at least moodily, 16. . . ..• • . . . . . • . . • . toy costs incurred while • Meneaseleal, add be responsible for the payment of 17. You most alle•A`WfilllY COlipltie pass offense, as deft:S he 741.28, F.S., yep. . unless waived. ' If convicted of a Domestic Violence receiving said ttestma it, °cult • .. . • - . . t ' interventioo program, unless otherveltie directed by the roust attend and auccassfidly template a bateau.' a Additional inatructioai:andorod: ' (2) bows or more than four .. : Prop mcosIatin of a oho afoot lest than two O IS. You will attend m HIV/AIDS Awareness .• .• . • .• tdd by you. • (4) bows in length be east for which wilIttep searoh at any of rcsidaure, vebicle at penonal effects to a warrantless El 19. I'M shall subinii your penon:propeny,plime or mg ItMenforteraent offloer. dam, by any probatioa or oonammity control officer SE SEXUAL OFFENDER WITHIN 48 HOURS OF RELEA 20. DEFENDANT MUST REGISTER ABA 121 HAVE NO COMMUNITY CONIROL,ITIEDEFENDANT ISTO • 21. AS A SPECIAL CONDITION or HIS ADULT Mir ES APPROVED BY UNSUPERVISED CONTACT wrrn moRs, MOM SUPIER VIRNO THE DEPARTkUIN'T OF CORRECTIONS STATUTE SEXUAL OFFENDER PURSUANT TO FLORIDA O 22. THE DEFENDANT IS DESIGNATED AS A SPOND ING REQUI REMEN TS or THE STATU TE, A ' 943.05 AND MEET ABIDE BY ALL THE CORRE INCORPORATED HEREIN AND COPY OF WHICH IS ATTACHED HERETO COURT AT THE TIME OF MS PLEA. O 23. DEFENDANT HUSTTROVIDE A DNA UNITED Dr PROBATION omen O 24, SPECIFIED CONTACT 'remora PAROLE AND RESIDENCE DURING HOURS AWAY PROM EMPLOYME NT O 25. CONFINEMENT TO AN AGREED-UPON AND PUBLIC SERVICE ACTIVITIES O 25. MANDATORY PUBLIC SERVICE BY MEANS OF AN ELECTRONIC 0 26. SUPERVISION. BY TEE DEPARTMENT OF CORRECTIONS MONITORING DEVICE OR SYSTEM S 27. ELECTRONICMONTTORING 2/1 HOURS PER DAY HOURS 28. CONFINEMENT•TO A DESIGNATED RESIDENCE DURING DESIGNATED WING CONDITION • AND, IF PLACED ON pivo OFFENDER PROBATION, YOU WELL COMPLY WITH THE FOLLO . SPECIAL OF SUPERV ISION IN ADDIT ION TO THE STAND ARD CONDI TIONS LISTED ABOVE AND ANY 07X30 CONDITIONS ORDERED BY THE COURT: • . . • by the (14)You will participate in, aslecia1izcd dug trealrnent progiwu either as an fill:allot or outpatient, asmeommemdod will comply treatment provider. You Mill attend all counseling unions, submit to random urinalysis red, if as Minden; you torts assecimedwith %Mann' with ell operating rules, Notations and procedures of De nommen' facility. You will pay fbr nil end testing unless otherwise directed. Additional instructions ordered: (15) You will ternai at your residence between . pro. and am, duo toe curfew imposed, unless otherwise 0 dimmed by the. court , AND, la PLACED ON CONIRTMITY COMOL,XOU WILL COMPLY WITH THE FOLLOWING CONDITIONS IN ADDITION TO THE STANDARD CONDITIONS LISTED ABOVE AND ANY OTED3R SPECIAL corwrnons ORDERED BY THE COURT: Pato 4of8 Form Revised 03.18-08 EFTA00216013  • • . - _ • • . . • 3553626 weaned I car :o6 ' • ' 11/25/22BB 1 5: 26 MERRY EPSTEIN CASE0502008CF009381AVOI/yE3 nnest.yots havewritto conuntothenyise. (14)Yee will recoil lb yetit offerer ha directed, it•learconellins a .Week, for oar half hour before and after your approved OWPIOACK04. . • (IS)You will remain confmod to your approved residence except j3111* service work, or any other special activities approved your °fide, • by ' .. . •.. • . activities on a dally roll, which you will auldmiltois;ar officer ma Mquatd... • 1-(16)You wIll maintain an hourly accounting of all yout hairs of community service ate rite of at a work site approved by your officer. . • . (P)You will successfully complete Additional instructions ordered; ' • • ' • . • ' (18) You will submit to electronic monitoring, follow tle roles of oleotronle =leering, and pay S .pa month. • • • service; unless otherwise directed by lho court. .• for the cost of the monitoring SEX AY PROVIDED IN /CHAPTER AND, 19 PLACED ON P 1.1995 YOU WELL comPLY vats or3.1347,014S, commit= ON OR AFTWROCT0 13ER 211 t.1300.04, 107.071,, IP.t.ADDTMON TO TAE STANDARD CONDITIONS. . TAE FOLLOWING STANDARD SEX OFFENDER CONDITIONS, • BY TITh COURT' •L1STED ABOVE AND ANY OTHER SPECIAL CONDITIONS ORDERED 8-hour period if the offenduis employment (14)A feudatory curfew from 10 p.m to 6 am. The court may designate snother of Corrections. If the court determine; precludes the above spedfed dine, and the alternatives terommended by the Department that imposing a curhw would endanger the victim, the cowl May consider alternative sanctions. park, playground, or (15)If lire *finial was under the age of 18, a prohibition on living within 1,000 feet of a school, day care center, congregate, as pmeedbed by the -court The 1,000 foot distance shall bo measured. in a other place when children regularly playground, or boundary line of the school, day care center, park, tarn& line from the offender's place °frontier= to theneweat ute. other plate where childrencongre gate The distance may tot be measured by a perk:strict route or amornebilo ro (16) AthYe participation in and successful completive of a ate offender treatment program with quallfsod practitioners specifically of rained to out sex offenders, at the offender's own expense. Us qualified practitioner isnot available within a 50-mile radios the offender's residence, the offender shall participate in other appropriate therapy. (17)A prohibition on any COACICt with the victim, directly or indirectly, imploding through a third person, unless approved by the viedir, the °Medan therapist, end the sentencing court. (18)U the victim was under the age of It a prohibition on calmer with a ohne under the age of 18 except as provided in this paragraph. The court mar approve supervised contact ;del •a child under the age of 18 if the approval is based upon a recommendation for cornet issued by a qualified prooddoner Abe is basing the recommendation oo a risk assessment. Further, the am °Mader must be omentlY enrolled in or have succesifelly completed a sex offender therapy prevails. The court ntersot grant supervised content with a child if the contact is not amontsoutted by a qualified practitioner and may deny 'supervised. contact with a child at any time. • • • •• (19)1f the victim was under age 18, a prohibition on working for pay or as a volunteer at any placed where children regularly . congtegale, including, htlt not limited to any school, daycare center, park, playground, pet atom, library, zoo,.theme pas*, or mall. • (20)Untess otherwise indicazd in the rreatmerti plan provided by-the sexual offender treatment program, a prohibition on Viowing, free:setts, owning, or poseasing any obscene, pornographic, .a sexually stimulating visual or auditory material, including telephone, electronic media, eeowther programs, CP complier services that ere relevant to the offender's deviant behavior pattern. (21)A requitement that the offender submit two specimens of blood or other approved biological specimen° to the Florida Deportment oftsie fin forcemeat to be registered with the DNA data beak. (22)A requirement that the offender make methadon to the viola as ordered by the cowl enders. 775.089. for all necessary medical end related proftesloon services relating to physical, psychiatric, end psychological care. (23)thrbmission toe warrontlat search by the community eer.trol of probation officer of tho offender's person, residence, or vehicle. Page5 oft Form Rotd 03-18 -08 EFTA00216014 - - . .27.10040: Vs.envoVaTatitkaysi- "." " • " • • .•• W.4.• i-vr• .141 ''' lit all IMO 10: CO • • , /VFW EPSTEIN CASBI502CMCF009381AKOth4B • • • R WHOSE CRIME WAS COONTITED Q14 011. • • • •„ PIFILCTIV!FiOR FROBATIONELORCOMMUNITY CONTROLLE "! AVM OCTOBER', 1997 AND WHO IS PLACED ON COMMUNTTY CONTROL OR SNX OFFENDER 'PROBATION ' $17b071, or a. p41.0141, IN ADDITION TO. ANX OTITIDR,PROYISION, 70R A VIOLATION OF. CRAFTER 229,, e• 800,84, a, OF SURERVISIc tit:::. • .' • . • . • OR IRIS SECT]ON, 'you mus7 comity WITH THE FOLLOWING CONDITIONS to obtain brforntadon netteasary forxis4. .• •• " (24) As part of a treatment program, penicipttlima nicest annually in polygrapitoxatninations s. ' deafal mechanisms. A polygraph examination Myst SO conducted by a . management and treobncia end to reduce the erioffondoes where available, and shall be'l:Idd • , • •• in the use of the polygraph for the monitoring of sex offenders, polygrapher trained specikany by the sex offender. without the prior approval of the sapervioing (25)14aiumnance of; driving tog and a prohibit* against driving a motor vehiek alone of the supervising officer. (26)A prohibition age ton obtaining or using a post office box without the prior approval • • .• go Mistised to the Andre (27)1f bore wpa sexual "antra, r. submits* m;at the offinxier's expense, an inv teat with the 'restate im • . andbr the vIctiMa parent to . .• • • • probation officer and suptearlam, and ordered by the mutter the (28)15learronio. Monitoring eitn deemed 'messed, by tlto resoraroendation of the Department of Correodetw, (29)Effeethe for en one:adenoma crime was committed on.or after July 1,2005, and who are placed on supervision for Internet or other computer services violation of chapter 794,a 800.04, a. 827.071, or s. 847.0145, a prohibition on accessing the Kovno, after a risk assessment is completed, approves and implements a safety plan undi the offenders sex offender treatment forties offemder's scouring or using the Internet or other =Paler services. • (30)Elleetive for ofthodars whose crime was committed on or after September 1, 2005, them b heresy imposed, in addition to any other provision in tbis =bon, mandatory electronic monitoring as a. condition of supervision for those who: .* Are placed on supervision far a vioiation of chapter 794,s. 800,04(4), (5), or (6), a 827.071, ore, 847.0145 and the unlawful sexual activity involved a victim 15 years ofage or younger end the offender bn "Ate of ago or older, or. I' An deablbated as sexual predator pursuant to a 775.21: ot • • Has previously been convict/ad o f e violation of dopier 794, a. 800.04(4), (5), at (6), s. 827.071, ore. 847,0145 and the tmlawtul scud mtivityinvolved a victim 15 years of age or younger and the offender Is 18 years of age or older. Yoe are hereby placed on omice.that should you violate your probation or community control, and the conditions sat forth In s. 948.03(1) or (2) are Wilted, whether your probation or community control is revoked or not revoked, you shallbe placed on . electronic monitoring in accordance with F.S. 948,063. • • . • • YOU ARE HEREBY PLACID ON NOTICE that the court may at any timerescind or modify any of the oonditions of yoni probation, or may extend the pniod ofprobadon as authorized by law, or may discharge you from funborsupeMslon. fly® violate any of the conditions of your probation, you may be arrested and.the court may revoke your probation, adjudicate you guilty if .• adjudication of guilt was withheld, and Impose any sentence that it might have imposed bofore placing you on probationer require' you to scrve.the balance of rho sentence. . • Page 6 of 8 Form Revised 034 I -DS • EFTA00216015  -• •1 1 • "t 2ht • •- • " AR'S • JEFFREY EPSTEIN CASEN30200SCP0093SIAMMB it : • . . • : • •. . . . . • •: : • . . . , . . . . . . . • , •.7TISTORTHER ORDERED that wiien•yon:haie batiainshactia a tithe conditions of probationers' shall ba to lewd frota: • custodyifyou=io roustodyand If you are stilleektin bond, thetureties thereon shall stand distils/sled from liability, (Tkla . Paragraph 'apnea only if initial or section 2 is checked.) • iT IS FURTHER ORDERED that the oktk.of thisconn file Ihfs order in the cleat's office and 'maid; nartIfitd copied opsamo:ta: the ofEler for use to compiled° with the requitemese of law. • " . • DONE AND DEDRRED, on r NUM . PRO TUNC 06-3Mtiti • Sandra K MoSoslay, (9 I acknowledge =clot of a copy of this add and that the conditions have b plaincd to ma and I ogee to abide by them. . Dint Defendant Ira-Jeted by: Supervising Offiocc t-piO7.02.08 Peat 7 of 8 Pordardacd 03-1441 EFTA002160