EFTA00180735.pdf

17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 MR. GOLDBERGER: Not anticipated, 10 Your Honor. 11 THE COURT: Okay. Should he not be 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 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 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 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180735  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? 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 25 being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180736  19 1 a.m., is that correct? 2 MS. BELOHLAVEK: Yes. 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case 5 because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Hai someone verified that 358 El 10 Brillo is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not 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 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180737  .4 20 1 regularly congregate? I personally do not r 2 MS. BELOHLAVEK: 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 25 telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180738  21 1 messages through carrier pigeon, no 2 messages—through thi-rd parties, no—hey 3 would you tell so and so for me, no having 4 a friend, acquaintance or stranger approach 5 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, 9 unless approved by the victim, the 10 therapist and the sentencing court. Okay. 11 THE DEFENDANT: I understand. 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 22 program. So, is this sex offender program 23 becoming a condition of probation? 24 . MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180739  22 1 THE COURT: You did. 2 MR. GOLDBERGER: Thar's a mi-ift-alnr7TM 3 our part. Actually the statute that he is 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 11 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. 17 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? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180740  23 1 with some fancy private psychiatrist or 2 psychologist—it—his—cese—is—eker? 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So you are not imposing 5 E? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: F, if the victim was 8 under the age of 18, you shall not work or 9 play or as a volunteer in any school, day 10 care center, park, play ground or other 11 place where children regularly congregate, 12 is that understood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined 15 as anyone under the age of 18. There are a 16 lot of places where children regularly 17 congregate. What kind of. work do you do? 18 THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Beach • 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will . 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180741  24 • 1 THE DEFENDANT: Yes, ma'am. 2 Mr — GOLDBERGER: Your- ROnOr, 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 1 11 program. 12 MR. GOLDBERGER: That's not in there. r. 13 THE COURT: Is that what you want? J 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. .BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they t f PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180742  25 1 signed them thoroughly. 2 Uffless orneTWITM—TMlltrated in 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender 5 treatment program. Is that what you 6 intend, that his therapist can 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is -- 14 cannot be -- 15 THE COURT: Condition G 'will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media,. 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community 24 control officer. 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180743  26 1 MS. BELOHLAVEK: They have the 2 obliWtion and iliTluded—in £here tor 3 warrantless search to check at any time his 4 home, his computer, anything he has contact 5 with. 6 THE COURT: And do they regularly do 7 that?. 8 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since we have the 10 pleasure of having someone from the 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 3, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180744  27 1 at a minimum one time a week. 2 netendant toatark—at—Elotida 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. 9 THE COURT: That he has formed? 10 MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? 13 MR. GOLDBERGER: Do you want to 14 explain? 15 THE DEFENDANT: It funds science 16 programs around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many programs has it 21 funded? 22 THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180745  28 1 THE DEFENDANT: President. THE—COURIL. Is bhere a board of directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund 14 science programs -- 15 THE COURT: I don't want to know what 16 we do, I want to know what you do. How 17 often are you there? 18 THE DEFENDANT: I'm there every day, 19 I research, I take in people who want to 20 make presentations about why they need 21 money for funding medical research, 22 advanced science research. My background 23 is in physics. I go through all the 24 programs in detail, review the science work 25 potentials, I follow through on a daily PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180746  29 1 basis with what they have been given money 2 t-o—do 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorry. 14 THE COURT: Right, that's why I'm I 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if --.this organization, do they 21 ever have any involvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180747 • 30 1 THE COURT: Okay. 2 MS. BC.LOHLAVhK: Those are 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 THE COURT: The next condition, you 7 shall maintain. a driving log. You shall 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 'officer. 11 If there was sexual contact, ydu 12 shall submit to at probationer's or 13 community controllee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180748  31 1 be done within 48 hours? 2 You shall not obtain or use a post- 3 office box without prior approval of the 4 supervising officer. 5 Okay. Are all those conditions 6 you two have agreed to? 7 MS. BELOHLAVEK: Yes, Your Honor. 8 MR. GOLDBERGER: With the court's 9 amendments, yes. 10 THE COURT: Mr. Epstein, do you 11 understand? 12 THE DEFENDANT: Yes, ma'am. 13 THE COURT: I need the defendant to 14 sign number D where I had an a added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180749 •• 32 1 you choose -- or defense and the State 2 together, why—twelve months in tlia—rT1m 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. .We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180750  33 1 THE COURT: Do you understand you 2 will required to register and this will 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of 8 release. 9 THE COURT: So when he gets out of 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department who 12 is going to provide him with the form? 13 MR. GOLDBERGER: He actually ) 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the 18 one who is statutorily required to handle. 19 these registrations but some of our 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180751  34 1 he has to do is the official State of 2 FTUFtd CITE? t n? 3 MS. BELOHLAVEK: Correct. 4 THE COURT: Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to 8 live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 11 you will be required in order to comply 12 with the law of living there, just like you 13 can't get a parking ticket or speeding 14 ticket, to comply with those regulations 15 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. If. you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's 22 office is separate, distinct and must be 23 done on their form according to their 24 schedule, 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180752  35 1 THE COURT: And if my experience the 2 =Clew months is of any value, they are 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community 7 control, they need to know exactly where you are and if you go anywhere without 9 registering, they will find and you will be 10 locked up. 11 THE DEFENDANT: Yes, ma'am. 12 THE COURT: Okay. Any questions 13 about that? ( ) THE DEFENDANT: No, ma'am. 14 15 THE COURT: Did you read the plea in 16 the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I'think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs•or medication 25 today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180753  36 1 THE DEFENDANT: No, ma'am. 2 THE COURT: NtstMlitry—CWRITig— a-nr-- 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? 7 THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. There won't be witnesses called. 12 That your attorney and you would have a 13 right to confront and cross examine, do you 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right. -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180754  37 1 could subject you to deportation pursuant 2 to the laws and regulations governing the 3 United States immigration and 4 Naturalization Service and this court has 5 no jurisdiction or authority in such 6 matters, do you understand that? 7 THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEFENDANT: No. 13 THE COURT: Do you understand this is 14 a plea in criminal court? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: This has -- in criminal 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing to do 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? 21 THE DEFENDANT: Yes, ma'am. 22 THE COURT: Is this plea in any way 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? 25 MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180755  38 1 on that, Your Honor? 2 :4 THE—COURTT--rt is vb . 3 recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to 6 approach as well. 7 (Whereupon, there was a conference at 8 the bench.) 9 MR. GOLDBERGER: The reason why I 10 asked to come sidebar, there is a 11 nonprosecution agreement with the United 12 States Attorney's office that triggers as a 13 result of this plea agreement. In other 14 words, they have signed off and said they 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. That is a confidential 19 document that the parties have agreed to. 20 Just in an abundance of caution, I wanted 21 to tell the court. 22 THE COURT: I understand, that would 23 also be invalidated should he violate his 24 community control? 25 MR. GOLDBERGER: Absolutely. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180756  39 1 nonprosecution agreement -- 2 Mt. BELOHLAVEXT--They spelt'all that 3 out. 4 THE COURT: Mr. Epstein needs to come closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you successfully 14 complete probation and do everything you're 15 supposed tof they have, have agreed not to 16 prosecute you federally, did you understand 17 that? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. 24 THE COURT: Okay. 25 MR. GOLDBERGER: And the plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180757  40 1 agreement very carefully spelled out if 2- - the-re- was- a - brea-ch- that- wontd- vtatate- ttl-s 3 agreement, so we are well aware of it. 4 THE COURT: Okay. I would request 5 that a sealed copy of that Mr. Epstein 6 has signed that document? 7 MR. GOLDBERGER: Yes, I would.like to 8 seal the copy. 9 THE COURT: I want a sealed copy of 10 that filed in this case. That is the only 11 other condition of the agreement that is 12 influencing this defendant to make this 13 decision? O 14 MR. GOLDBERGER: Absolutely. I think 15 that's the right idea. 16 (Return to open court.) 17 THE COURT: Mr. Epstein, is there 18 anything else? 19 THE DEFENDANT: No, ma'am. 20 THE COURT: Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: I understand that. 24 THE COURT: I also don't want 25 somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180758  41 1 two years from now saying, oh no, no, they bit me over CWC—ITUMd 3 anything else that is influencing you to 4 make this decision, then I need to know 5 about it. 6 THE DEFENDANT: I understand that. 7 MR. GOLDBERGER: Thank you. 8 THE DEFENDANT: Thank you very much, 9 Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: . No ma'am. 15 THE COURT: State, please give me a 16 factual basis. 17 MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 2005, the 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180759 •1 42 1 County also. 2 TffE—CUURT: r -find a surftflent 3 factual basis to support the pleas. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 • THE COURT: And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agreement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180760  43 1 information will not be related to the defendarbile—Wilrad excTUNflety fdT 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your client's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time.we would withdraw our 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180761  44 1 pursuant to it. I will adjudicate you 2 guirty—Uf—Telony solicitation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person under 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the solicitation 9 of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. 13 With respect to 08 CF 009381, 14 will sentence you to six months in the Palm 15 Beach County detention facility, with 16 credit for the one day served. That six 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run concurrently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180762  45 1 felony? MS. BELOHLAVEK: --Correttr—CAW—Mre 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must I 12 be approved by the Department of 13 Corrections. You are to be designated a to 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all 16 requirements of that statute which / have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180763  46 1 You will be residing at 358 El - 2 Brittv- Way, P'atm-'B•eac•h;— Florida-93-4-8-0. . 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180764  47 1 children may congregate. You shall not /-) 2 view, own- or po'sses's- any- ob-stene 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA .11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control officer of your cz) 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180765  P. 48 1 office box without the prior approval of 2 the—supervirsing—offiter. 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm .sorry, I. didn't. 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of 12 the person, residence or vehicle 13 understand the person, residence or vehicle 14 includes anything you might, possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should, be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he O J PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180766  49 1 paying it? 2 MR G.O.LDB.ERGER• Actually there is a__ 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. the 5 14 proceedings before the Court. concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180767  .50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for.Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and that the preceding pages numbered from 1 through 49, 11 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. . 15 'IN WITNESS WHEREOF, I have hereunto 19th day of 16 affixed my official signature this 17 July, 2008. 18 19 20 21 PHYL S A.