EFTA00723743.pdf
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IN THE COURT OF THE FIFTEENTH
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
L.M.,
CASE NO. 502008CA028051XXXXMB AB
Plaintiff,
v.
JEFFREY EPSTEIN
Defendant.
ORDER ON EPSTEIN'S MOTION FOR PROTECTIVE ORDER TO PROHIBIT
INAPPROPRIATE DEPOSITION QUESTIONS
THIS CAUSE came before the Court on Epstein's Motion for Protective Order to
Prohibit Inappropriate Deposition Questions, and the Court having heard argument of
counsel and being fully advised in these premises, it is hereby
ORDERED and ADJUDGED that: Defendant's Motion is hereb
Pi a °66PC, 1.1.2-4./tColAt WU_ A"--e-trts7
DONE AND ORDER at Palm Beach r ounty Courthouse, West Palm Beach,
Florida, this /T day of • 201
Copies furnished:
ROBERT D. CRITTON, JR., ESQ., and MICH EL J. PIKE, ESQ., 303 Banyan Boulevard, Suite 400,
West Palm Beach, FL 33401, BRADLEY J. EDWARDS, ESQ., Farmer, Jaffe, Weissing, Edwards,
Fistos & Lehrman, PL, 425 N. Andrews Avenue, Suite 2, Fort Lauderdale, FL 33301, JACK A.
GOLDBERGER, ESQ. Atterbury, Goldberger & Weiss, PA, 250 Australian Avenue South, Suite 1400,
West Palm Beach, FL 33401 and JAY HOWELL, ESQ., Jay Howell & Associates, P.A., 644 Cesery
Boulevard, Suite 250. Jacksonville, FL 32211
EFTA00723743
JONES
FOSI ER Flagler Center Tower, Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive
West Palm Beach, Florida 33401
Post Office Box 3475
West Palm Beach, Florida 33402-3475
& STUBBS, P.A., Telephone (561)659-3000
Attorneys and Counselors
Joanne M. 'C 're
Direct Dial:
Direct Fax:
E-Mail:
January 15, 2010
Robert Critton, Esquire
303 Banyan Boulevard
Suite 400
West P FL 33401
Re: B.B. v. Jeffrey Epstein, Case No. 502008CA037319XXXXMB AB
Dear Bob:
In response to your correspondence dated January 5, 2010, enclosed please find
Responses and Objections to the subpoenas served on the Town of Palm Beach Police
Department Records Custodian and certain Town of Palm Beach police officers.
Pursuant to the line of case law originating with Gosman v. Luzinski, 937 So. 2d 293
(Fla. 41" DCA 2006), we are not under any present duty to provide you with a privilege
log identifying statutorily protected documents that we are not producing and will not
produce such a log at this time.
Finally, with regard to Administrative Order G.O. 11-65, we have produced two
documents to you. One document is the order effective January 15, 1999, as revised
on August 29, 2000 (note the language at the bottom of the first page of G.O. 11-65:
"'Revised 08/29/00"). I am advised by the Town Records Custodian that there is no
separate amendment dated August 29, 2000: The January 15, 1999 document was
simply revised and you have been provided the revised version. The second document
is the Order currently in effect as of June 15, 2009.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By
oanne M. O'Connor
JMO:mtm
PftDOCSVI3156\003151.TR\1160772.DOC
www.fones-fostercom
IBIBIBWMVIMITEI
EFTA00723744
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2008 CA 037319 XXXX MB AB
B.B.,
Plaintiff,
vs
JEFFREY EPSTEIN,
Defendant.
NON-PARTY TOWN OF PALM BEACH POLICE OFFICERS'
RESPONSE AND OBJECTION TO SUBPOENA DUCES TECUM
Non-parties, former Town of Palm Beach Chief of Police Michael Reiter, Captain
George Frick, Detective Joseph Recarey, Detective Michael Dawson and Detective
Michelle Pagan (collectively 'Town of Palm Beach Police Officers"), hereby file this,
their response and objection to the subpoenas duces tecum served on each of them as
follows:
GENERAL OBJECTIONS
As noted below, the Town of Palm Beach Police Officers have previously
produced documents responsive to this subpoena. In accordance with its obligations
under Section 119.07 of the Florida Public Records Law, the Town of Palm Beach
Police Officers have redacted a number of those documents in order to protect those
matters excepted from disclosure under Chapter 119, Fla. Stat. These areas of
redaction include, but are not limited to, the home addresses and telephone numbers of
the law enforcement personnel and any identifying information regarding the victims.
EFTA00723745
Such redaction is necessary because of the broad range of criminal intelligence and
investigative information regarding minor victims of sexual offenses under Florida
Statutes Chapter 794 and/or 800 sought by the subpoenas. The redactions made by
the Town of Palm Beach Police Officers may also include exempted personal
information including their home addresses, telephone numbers and social security
numbers.
RESPONSES AND OBJECTIONS TO DUCES TECUM
1. Any and all written reports, notes, memoranda or other papers authored
by you or any other member of the Palm Beach Police Department, whether in hard-
copy or electronic form, that relate to any law enforcement investigation of Jeffrey
Epstein including but not limited to the investigation that resulted in the filing of State
criminal charges against Mr. Epstein. This request includes any written communications
between you and any members of the Palm Beach Police Department, any member of
any Federal Law Enforcement Agency, any member of the United States Attorney's
Office, any member of the Office of the State Attorney, any representatives of the
media, any civil parties, any civilian witnesses and/or any lawyers or representatives of
any parents of any civilian witnesses.
RESPONSE: For all of the reasons set forth in response to Request No. 2
infra and incorporated herein, the Town Police Department objects to the request
to the extent that it seeks electronic communications. Aside from personal e-mall
of its employees, which the Town Police Department objects to producing for all
of the reasons set forth in Response to Request No. 2, infra, all documents
responsive to this request were produced on December 9, 2009.
2. Any and all electronic communications (EMAIL) between al any of the
following relating to any law enforcement investigation of Jeffrey Epstein including but
not limited to the investigation that resulted in the filing of State criminal charges against
him: (A) any member of the Palm Beach Police Department, (B) any member of any
Federal Law Enforcement Agency, (C) any member of the Untied States Attomey's
Office, (D) any member of the Office of the State Attorney (E) any member of any print,
television, or radio media outlet, (F) any attorney representing any civilian witness or
civil party who has filed or may potentially file a civil complaint against Mr. Epstein.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it is unduly burdensome and seeks information that is
protected from disclosure under Florida's Public Records Law. The Town
reserves the right to submit a privilege log at the appropriate time should the
2
EFTA00723746
Court overrule its objections. See Gosman v. Luzinski, 937 So. 2d 293 (Fla. 4th
DCA 2006).
3. Any and all notes, memoranda or reports reflecting any communications
between you and counsel on behalf of Mr. Epstein, including but not limited to any
request for exculpatory evidence.
RESPONSE: None.
4. Any and all notes, memoranda or reports reflecting any attempts by you to
initiate or encourage a federal review of any facet/aspect of the Epstein investigation or
State prosecution of Epstein.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006 and correspondences
from Michael S. Reiter to parents of victims dated July 24, 2006, no responsive
documents exist.
5. Any and all notes, memoranda or reports reflecting any complaints made
to the Palm Beach Police Department from any person, parent, or lawyer for any person
or parent claiming to have been a victim of any conduct of Mr. Epstein or from any other
private citizen of Palm Beach County relating to any conduct of Epstein from January 1,
2000-October 22, 2009.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
6. Any and all notes, memoranda, or reports reflecting any communication
between You or and any other member of the Palm Beach Police Department with
"A.H."* in relation to her being subpoenaed to testify before or her requested attendance
before a State Grand Jury, including but not limited to any discussions regarding what
she would testify to and/or any preparation that any law enforcement officer provided
her with prior to any testimony.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
7. Any and all notes, memoranda, or reports reflecting any communication
between you or any other member of the Palm Beach Police Department with "A.H."* or
referencing "A.H."* in relation to her being subpoenaed to testify before or her
requested attendance before a State Grand Jury where you or any Palm Beach police
officer or official sought to discourage her or influence her not to testify or to testify in a
certain manner at any Grand Jury proceeding involving Mr. Epstein.
3
EFTA00723747
RESPONSE: None.
8. Any and all agreements, memoranda, and/or notes of any kind, electronic
or otherwise, between you and any member of the Palm Beach Police Department, any
member of the Office of the State Attorney, and/or any member of the United States
Attorney's Office relating to any criminal charges, formal or otherwise, regarding "A.H."
at any time.
RESPONSE: None.
9. Any and all notes, memoranda, or reports of meetings or communications
between you and "S.G."*, her parents, or any lawyers who represent "S.G."
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
10. Any and all records of expenditures made or incurred by you, and all
requests for expenditures relating to the criminal investigation of Mr. Epstein.
RESPONSE: None.
11. Any and all logs, pictures, videos, digital information, reports, memoranda
or notes, and any record of expenditure, which relate to the institution of and/or
maintenance of any video surveillance of Mr. Epstein, his residence, or his visitors
during the following time periods:
a. January 1, 2004-December 31, 2004
b. January 1, 2005-December 31, 2005
c. January 1, 2006-December 31, 2006
d. January 1, 2007-December 31, 2007
e. January 1, 2008-December 31, 2008
f. January 1, 2009-today's date.
RESPONSE: None.
12. Any and all reports, logs, pictures, videos, notes, records of expenditures
or any other memoranda relating to any physical surveillance of Mr. Epstein, his
residence, his visitors, or any individual who was believed to be a potential witnesses or
co-conspirator other than the information relating to video surveillance that is requested
in request number 11.
RESPONSE: Photographs of Mr. Epstein taken by Detective Recarey will
be produced. The Town possesses no other responsive documents.
4
EFTA00723748
13. Any and all reports (including forensic reports), memoranda, notes, and
reports of any examination of any computer seized from Mr. Epstein's residence in
October 2005 or on any other occasion.
RESPONSE: None.
14. Any and all reports, memoranda, or notes reflecting a criminal theft or
burglary investigation of Mr. Epstein or his residence on any occasion prior to October
2005.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
15. All cell phone records, both official cell phone and personal cell phone,
used by you between during the following time periods:
a. January 1, 2004-December 31, 2004
b. January 1, 2005-December 31, 2005
c. January 1, 2006-December 31, 2006
d. January 1, 2007-December 31, 2007
e. January 1, 2008-December 31, 2008
f. January 1, 2009-today's date.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it seeks information that is irrelevant and not likely to lead to
the discovery of admissible evidence. The Town of Palm Beach Police Officers
further object on the grounds that the request is overly broad and unduly
burdensome. Finally, the Town of Palm Beach Police Officers object on the
grounds that the request seeks information that is specifically excepted from
disclosure under Florida's Public Records Law. See generally Non-Party Town of
Palm Beach Police Officers' Motion to Quash Subpoenas and/or Motion for
Protective Order, incorporated herein. The Town reserves the right to submit a
privilege log at the appropriate time should the Court overrule its objections. See
Gosman v. Luzinski, 937 So. 2d 293 (Fla. e DCA 2006).
16. All calendars or diaries, electronic or hard-copy, kept for the periods
between October 1, 2004 up through and including today, reflecting your schedules,
activities, meeting, etc.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it seeks information that is irrelevant and not likely to lead to
the discovery of admissible evidence and as overly broad. The Town of Palm
Beach Police Officers further object on the grounds that the request seeks private
information that is not subject to disclosure as a public record under Section
5
EFTA00723749
119.011(1), Fla. Stat. and seeks statutorily protected information regarding the law
enforcement officers who made the calls and the persons to whom calls were
made including, but not limited, to family members, crime victims and
confidential informants. See generally Non-Party Town of Palm Beach Police
Officers' Motion to Quash Subpoenas and/or Motion for Protective Order,
incorporated herein. The Town reserves the right to submit a privilege log at the
appropriate time should the Court overrule its objections. See Gosman v.
Luzinski, 937 So. 2d 293 (Fla. 4th DCA 2006).
17. Any and all reports, memoranda, and notes of any communication
between y_qm and any member of the Office of the State Attorney relating to the criminal
investigation and subsequent prosecution of Mr. Epstein from October 1, 2004 up
through and including today.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006, no responsive
documents exist.
18. All policies and procedures of the Palm Beach Police Department setting
forth the procedures for police officers, including the Chief, any detective and officers
when commenting to any media outlets, including but not liming to the local news, the
national media, print outlets, and any web-based media format.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
19. All personal notes contained either on your personal computer, work
computer, and those that are handwritten containing any witnesses that y.clq, or any
other member of the Palm Beach Police Department interviewed or attempted to
interview with regard to the Epstein investigation from January 1, 2004, up through and
including today.
RESPONSE: None.
20. Any and all audio tapes of any witnesses that you or any member of the
Palm Beach Police Department obtained statements or interviews from, either sworn or
informal, with regard to the Epstein investigation.
RESPONSE: None.
21. Any and all audio tapes, notes (hand-written or typed), memoranda,
reports, messages, and/or any communications obtained or generated by you or any
member of the Palm Beach Police Department, either sworn or informal, that relate to
Jane Doe #4", who is the Plaintiff in a Federal Civil Case No. 08-80380 filed against
Jeffrey Epstein.
6
EFTA00723750
RESPONSE: The Town of Palm Beach Police Officers have no information
regarding the identity of "Jane Doe #4" and therefore cannot properly respond to
this Request Furthermore, the Town objects to producing any responsive
documents of the type objected to in Request Nos. 2, 15 and 16, supra. Subject
to and notwithstanding its objections, the Town Police Department responds that
it possesses no responsive documents other than what has previously been
produced, unless those documents are encompassed within Request No. 2.
I HEREBY CERTIFY that a true copy of the foregoing instrument has been
furnished by United States mail to Theodore J. Leopold, Esquire and Spencer T.
Kuvin, Esquire, Leopold-Kuvin, P.A., 2925 PGA Boulevard, Suite 200, Palm Beach
Gardens, Florida 33410; Jack Alan Goldberger, Esquire, Atterbury Goldberger &
Weiss, P.A. 250 Australian Avenue South, Suite 1400, West Palm Beach, Florida
33401-5012; and Robert D. Critton, Jr., Esquire, Burman, Critton, Luther & Coleman,
LLP, 515 North Flagler Drive, Suite 400, West Palm Beach, Florida 33401, this
7.69-1-%-nayof January, 2010.
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Telephone: 561-659-3000
Facsimile. 1-650-0465
PADOCS513156`40031SPLCA1753111.DOC
7
EFTA00723751
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2008 CA 037319 XXXX MB AB
B.B.,
Plaintiff,
vs
JEFFREY EPSTEIN,
Defendant.
NON-PARTY TOWN OF PALM BEACH RECORDS CUSTODIAN'S
RESPONSE AND OBJECTION TO SUBPOENA DUCES TECUM
Non-party, Town of Palm Beach Police Department Records Custodian ("Town
Police Department"), hereby file this, her response and objection to the subpoenas
duces tecum served on her as follows:
GENERAL OBJECTIONS
As noted below, the Town Police Department has previously produced
documents responsive to this subpoena. In accordance with its obligations under
Section 119.07 of the Florida Public Records Law, the Town Police Department has
redacted a number of those documents in order to protect those matters excepted from
disclosure under Chapter 119, Fla. Stat. These areas of redaction include, but are not
limited to, the home addresses and telephone numbers of the law enforcement
personnel and any identifying information regarding the victims. Such redaction is
necessary because of the broad range of criminal intelligence and investigative
information regarding minor victims of sexual offenses under Florida Statutes Chapter
EFTA00723752
794 and/or 800 sought by the subpoenas. The redactions made by the Town Police
Department may also include exempted personal information regarding its law
employment officers and personnel including their home addresses, telephone numbers
and social security numbers.
RESPONSES AND OBJECTIONS TO DUCES TECUM
1. Any and all written reports, notes, memoranda or other papers authored
by any member of the Palm Beach Police Department and/or any of its employees,
members, agents, or representatives acting on behalf of the Palm Beach Police
Department whether in hard-copy or electronic form, that relate to any law enforcement
investigation of Jeffrey Epstein including but not limited to the investigation that resulted
in the filing of State criminal charges against Mr. Epstein. This request includes any
written communications between the Palm Beach Police Department and/or any of its
members, agents, or representatives acting on behalf of the Palm Beach Police
Department and any members of any Federal Law Enforcement Agency, any member
of the United States Attorney's Office, any member of the Office of the State Attorney,
any representatives of any media outlet, any civil parties, any civilian witnesses and/or
any lawyers or representatives of any parents of any civilian witnesses.
RESPONSE: For all of the reasons set forth in response to Request No. 2
infra and incorporated herein, the Town Police Department objects to the request
to the extent that it seeks electronic communications. Aside from personal e-mail
of its employees, which the Town Police Department objects to producing for all
of the reasons set forth in Response to Request No. 2, infra, all documents
responsive to this request on December 9, 2009.
2. Any and all electronic communications (EMAIL) between the Palm Beach
Police Department and/or any of its employees, members, agents, or representatives
acting on behalf of the Palm Beach Police Department and any of the following that
relate to any law enforcement investigation of Jeffrey Epstein including but not limited to
the investigation that resulted in the filing of State criminal charges against him: (A) any
other member of the Palm Beach Police Department, (B) any member of any Federal
Law Enforcement Agency, (C) any member of the Untied States Attorney's Office, (D)
any member of the Office of the State Attorney (E) any member of any print, television,
and/or radio media outlets (F) any attorney representing any civilian witness or civil
party who has filed or may potentially file a civil complaint against Mr. Epstein.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it is unduly burdensome and seeks information that is
protected from disclosure under Florida's Public Records Law. The Town
reserves the right to submit a privilege log at the appropriate time should the
2
EFTA00723753
Court overrule its objections. See Gosman v. Luzinski, 937 So. 2d 293 (Fla. 4th
DCA 2006).
3. Any and all notes, memoranda or reports reflecting any communications
by the Palm Beach Police Department and/or any of its employees, members, agents,
or representatives acting on behalf of the Palm Beach Police Department with any
counsel on behalf of Epstein, including but not limited to any request for exculpatory
evidence.
RESPONSE: None.
4. Any and all notes, memoranda or reports reflecting any attempts by the
Palm Beach Police Department and/or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department to initiate or
encourage a federal review of any facet/aspect of the Epstein investigation or State
prosecution of same.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006 and correspondences
from Michael S. Reiter to parents of victims dated July 24, 2006, no responsive
documents exist.
5. Any and all notes, memoranda or reports reflecting any complaints made
to the Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department from any person,
parent, or lawyer for any person or parent claiming to have been a victim of any conduct
of Mr. Epstein or from any other private citizen of Palm Beach County from 2000-2009.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
6. Any and all notes, memoranda, or reports reflecting any communication
between the Palm Beach Police Departments and/or any of its employees, members,
agents or representatives acting on behalf of the Palm Beach Police Department with
"AA." in relation to her being subpoenaed to testify before or her requested attendance
before a State Grand Jury, including but not limited to any discussions regarding what
she would testify to and/or any preparation that any law enforcement officer provided
her with prior to any testimony.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
7. Any State Grand Jury testimony that was sought or discouraged by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department regarding any
contact with "A.H". relating to any investigation of Mr. Epstein.
3
EFTA00723754
RESPONSE: None.
8. Any and all agreements, memoranda, and/or notes of any kind, electronic
or otherwise, between the Palm Beach Police Department or any of its employees,
members, agents, or representatives acting on behalf of the Palm Beach Police
Department and any member of the Office of the State Attorney, and/or any member of
the United State s Attorney's Office relating to any criminal charges, formal or otherwise,
regarding "A.H"at any time.
RESPONSE: None.
9. Any and all notes, memoranda, or reports of meetings or communications
between the Palm Beach Police Department or any of its employees, members, agents,
or representatives acting on behalf of the Palm Beach Police Department and "S.G."*,
her parents, or any lawyers who represent "S.G"*.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
10. Any and all records and requests of expenditures made or incurred by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department relating to the
criminal investigation of Mr. Epstein.
RESPONSE: None. The Town Police Department does not generally
assign expenditures to specific cases.
11. Any and all logs, pictures, videos, digital information, reports, memoranda
or notes, and any record of expenditure, which relate to the institution of and
maintenance of any video surveillance of Mr. Epstein, his residence, or his visitors.
RESPONSE: None.
12. Any and all reports, logs, pictures, videos, notes, records of expenditures
or any other memoranda relating to any physical surveillance of Mr. Epstein, his
residence, his visitors, or any individual who was believed to be a potential witness or
co-conspirator other than the information relating to video surveillance identified in
request number 11.
RESPONSE: None.
13. Any and all reports (including forensic reports), memoranda, notes, and
reports of any examination of any computer seized from Mr. Epstein's residence in
October 2005 or on any other occasion.
4
EFTA00723755
RESPONSE: None.
14. Any and all reports, memoranda, or notes reflecting a criminal theft or
burglary investigation of Mr. Epstein or his residence on any occasion prior to October
2005.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009
15. Any and all reports, memoranda, and notes of any communication by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department and the Office of
the State Attorney relating to the criminal investigation and subsequent prosecution of
Mr. Epstein from October 1, 2004 up through and including today.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
16. All policies and procedures regarding commentary to any media outlets,
including but not limited to the local news, the national media, print outlets, and any
web-based media format.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
17. Any and all notes generated by the Palm Beach Police Department, its
employees, members, agents, or representatives acting on behalf of the Palm Beach
Police Department that concern or relate to any interviews or statements obtained
regarding the Epstein investigation from January 1, 2004, up through and including
today, including but not limited to notes that are handwritten, contained on any work
computer, and/or any personal computer.
RESPONSE: Aside from the Incident Report produced on December 9,
2009, no responsive documents exist
18. Any and all audio tapes of any witnesses that the Palm Beach Police
Department or any of its employees, members, agents, or representatives acting on
behalf of the Palm Beach Police Department obtained statements or interviews from,
either sworn or informal, with regard to the Epstein investigation.
RESPONSE: None.
19. Any and all personnel records of Michael Reiter, Detective Joseph
Recarey, Detective Michelle Pagan, and Detective Michael Dawson.
RESPONSE: None.
5
EFTA00723756
20. Any and all audio tapes, notes (hand-written or typed), memoranda,
reports, messages, and/or any communications, either sworn or informal, obtained or
generated by Palm Beach Police Department, its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department that relate to
Jane Doe #4**, who is the Plaintiff in a Federal Civil Case No. 08-80380 filed against
Jeffrey Epstein.
RESPONSE: The Town of Palm Beach Police Officers have no information
regarding the identity of "Jane Doe #4" and therefore cannot properly respond to
this Request. Furthermore, the Town objects to producing any responsive
documents of the type objected to in Request Nos. 2, 15 and 16, supra. Subject
to and notwithstanding its objections, the Town Police Department responds that
it possesses no responsive documents other than what has previously been
produced, unless those documents are encompassed within Request No. 2.
I HEREBY CERTIFY that a true copy of the foregoing instrument has been
furnished by United States mail to Theodore J. Leopold, Esquire and Spencer T.
Kuvin, Esquire, Leopold-Kuvin, PA, 2925 PGA Boulevard, Suite 200, Palm Beach
Gardens, Florida 33410; Jack Alan Goldberger, Esquire, Atterbury Goldberger &
Weiss, P.A. 250 Australian Avenue South, Suite 1400, West Palm Beach, Florida
33401-5012; and Robert D. Critton, Jr., Esquire, Burman, Critton, Luther & Coleman,
LLP, 515 North Flagler Drive, Suite 400, West Palm Beach, Florida 33401, this
of January, 2010.
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm 3402-3475
Telephone:
Facsimile:
By
bhn C. Randolph
PADOCSU31561.00315WW11753150.DOC
6
EFTA00723757
JUDICIAL CIRCUIT, IN AND FOR PALM
BEACH COUNTY, FLORIDA
L.M.,
CASE NO. 502008CA028051XXXXMB AB
Plaintiff,
v.
JEFFREY EPSTEIN
Defendant.
ORDER ON EPSTEIN'S MOTION FOR PROTECTIVE ORDER TO PROHIBIT
INAPPROPRIATE DEPOSITION QUESTIONS
THIS CAUSE came before the Court on Epstein's Motion for Protective Order to
Prohibit Inappropriate Deposition Questions, and the Court having heard argument of
counsel and being fully advised in these premises, it is hereby
ORDERED and ADJUDGED that: Defendant's Motion is hereb
Pi a °66PC, 1.1.2-4./tColAt WU_ A"--e-trts7
DONE AND ORDER at Palm Beach r ounty Courthouse, West Palm Beach,
Florida, this /T day of • 201
Copies furnished:
ROBERT D. CRITTON, JR., ESQ., and MICH EL J. PIKE, ESQ., 303 Banyan Boulevard, Suite 400,
West Palm Beach, FL 33401, BRADLEY J. EDWARDS, ESQ., Farmer, Jaffe, Weissing, Edwards,
Fistos & Lehrman, PL, 425 N. Andrews Avenue, Suite 2, Fort Lauderdale, FL 33301, JACK A.
GOLDBERGER, ESQ. Atterbury, Goldberger & Weiss, PA, 250 Australian Avenue South, Suite 1400,
West Palm Beach, FL 33401 and JAY HOWELL, ESQ., Jay Howell & Associates, P.A., 644 Cesery
Boulevard, Suite 250. Jacksonville, FL 32211
EFTA00723743
JONES
FOSI ER Flagler Center Tower, Suite 1100 Mailing Address
JOHNSTON 505 South Flagler Drive
West Palm Beach, Florida 33401
Post Office Box 3475
West Palm Beach, Florida 33402-3475
& STUBBS, P.A., Telephone (561)659-3000
Attorneys and Counselors
Joanne M. 'C 're
Direct Dial:
Direct Fax:
E-Mail:
January 15, 2010
Robert Critton, Esquire
303 Banyan Boulevard
Suite 400
West P FL 33401
Re: B.B. v. Jeffrey Epstein, Case No. 502008CA037319XXXXMB AB
Dear Bob:
In response to your correspondence dated January 5, 2010, enclosed please find
Responses and Objections to the subpoenas served on the Town of Palm Beach Police
Department Records Custodian and certain Town of Palm Beach police officers.
Pursuant to the line of case law originating with Gosman v. Luzinski, 937 So. 2d 293
(Fla. 41" DCA 2006), we are not under any present duty to provide you with a privilege
log identifying statutorily protected documents that we are not producing and will not
produce such a log at this time.
Finally, with regard to Administrative Order G.O. 11-65, we have produced two
documents to you. One document is the order effective January 15, 1999, as revised
on August 29, 2000 (note the language at the bottom of the first page of G.O. 11-65:
"'Revised 08/29/00"). I am advised by the Town Records Custodian that there is no
separate amendment dated August 29, 2000: The January 15, 1999 document was
simply revised and you have been provided the revised version. The second document
is the Order currently in effect as of June 15, 2009.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
By
oanne M. O'Connor
JMO:mtm
PftDOCSVI3156\003151.TR\1160772.DOC
www.fones-fostercom
IBIBIBWMVIMITEI
EFTA00723744
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2008 CA 037319 XXXX MB AB
B.B.,
Plaintiff,
vs
JEFFREY EPSTEIN,
Defendant.
NON-PARTY TOWN OF PALM BEACH POLICE OFFICERS'
RESPONSE AND OBJECTION TO SUBPOENA DUCES TECUM
Non-parties, former Town of Palm Beach Chief of Police Michael Reiter, Captain
George Frick, Detective Joseph Recarey, Detective Michael Dawson and Detective
Michelle Pagan (collectively 'Town of Palm Beach Police Officers"), hereby file this,
their response and objection to the subpoenas duces tecum served on each of them as
follows:
GENERAL OBJECTIONS
As noted below, the Town of Palm Beach Police Officers have previously
produced documents responsive to this subpoena. In accordance with its obligations
under Section 119.07 of the Florida Public Records Law, the Town of Palm Beach
Police Officers have redacted a number of those documents in order to protect those
matters excepted from disclosure under Chapter 119, Fla. Stat. These areas of
redaction include, but are not limited to, the home addresses and telephone numbers of
the law enforcement personnel and any identifying information regarding the victims.
EFTA00723745
Such redaction is necessary because of the broad range of criminal intelligence and
investigative information regarding minor victims of sexual offenses under Florida
Statutes Chapter 794 and/or 800 sought by the subpoenas. The redactions made by
the Town of Palm Beach Police Officers may also include exempted personal
information including their home addresses, telephone numbers and social security
numbers.
RESPONSES AND OBJECTIONS TO DUCES TECUM
1. Any and all written reports, notes, memoranda or other papers authored
by you or any other member of the Palm Beach Police Department, whether in hard-
copy or electronic form, that relate to any law enforcement investigation of Jeffrey
Epstein including but not limited to the investigation that resulted in the filing of State
criminal charges against Mr. Epstein. This request includes any written communications
between you and any members of the Palm Beach Police Department, any member of
any Federal Law Enforcement Agency, any member of the United States Attorney's
Office, any member of the Office of the State Attorney, any representatives of the
media, any civil parties, any civilian witnesses and/or any lawyers or representatives of
any parents of any civilian witnesses.
RESPONSE: For all of the reasons set forth in response to Request No. 2
infra and incorporated herein, the Town Police Department objects to the request
to the extent that it seeks electronic communications. Aside from personal e-mall
of its employees, which the Town Police Department objects to producing for all
of the reasons set forth in Response to Request No. 2, infra, all documents
responsive to this request were produced on December 9, 2009.
2. Any and all electronic communications (EMAIL) between al any of the
following relating to any law enforcement investigation of Jeffrey Epstein including but
not limited to the investigation that resulted in the filing of State criminal charges against
him: (A) any member of the Palm Beach Police Department, (B) any member of any
Federal Law Enforcement Agency, (C) any member of the Untied States Attomey's
Office, (D) any member of the Office of the State Attorney (E) any member of any print,
television, or radio media outlet, (F) any attorney representing any civilian witness or
civil party who has filed or may potentially file a civil complaint against Mr. Epstein.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it is unduly burdensome and seeks information that is
protected from disclosure under Florida's Public Records Law. The Town
reserves the right to submit a privilege log at the appropriate time should the
2
EFTA00723746
Court overrule its objections. See Gosman v. Luzinski, 937 So. 2d 293 (Fla. 4th
DCA 2006).
3. Any and all notes, memoranda or reports reflecting any communications
between you and counsel on behalf of Mr. Epstein, including but not limited to any
request for exculpatory evidence.
RESPONSE: None.
4. Any and all notes, memoranda or reports reflecting any attempts by you to
initiate or encourage a federal review of any facet/aspect of the Epstein investigation or
State prosecution of Epstein.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006 and correspondences
from Michael S. Reiter to parents of victims dated July 24, 2006, no responsive
documents exist.
5. Any and all notes, memoranda or reports reflecting any complaints made
to the Palm Beach Police Department from any person, parent, or lawyer for any person
or parent claiming to have been a victim of any conduct of Mr. Epstein or from any other
private citizen of Palm Beach County relating to any conduct of Epstein from January 1,
2000-October 22, 2009.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
6. Any and all notes, memoranda, or reports reflecting any communication
between You or and any other member of the Palm Beach Police Department with
"A.H."* in relation to her being subpoenaed to testify before or her requested attendance
before a State Grand Jury, including but not limited to any discussions regarding what
she would testify to and/or any preparation that any law enforcement officer provided
her with prior to any testimony.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
7. Any and all notes, memoranda, or reports reflecting any communication
between you or any other member of the Palm Beach Police Department with "A.H."* or
referencing "A.H."* in relation to her being subpoenaed to testify before or her
requested attendance before a State Grand Jury where you or any Palm Beach police
officer or official sought to discourage her or influence her not to testify or to testify in a
certain manner at any Grand Jury proceeding involving Mr. Epstein.
3
EFTA00723747
RESPONSE: None.
8. Any and all agreements, memoranda, and/or notes of any kind, electronic
or otherwise, between you and any member of the Palm Beach Police Department, any
member of the Office of the State Attorney, and/or any member of the United States
Attorney's Office relating to any criminal charges, formal or otherwise, regarding "A.H."
at any time.
RESPONSE: None.
9. Any and all notes, memoranda, or reports of meetings or communications
between you and "S.G."*, her parents, or any lawyers who represent "S.G."
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
10. Any and all records of expenditures made or incurred by you, and all
requests for expenditures relating to the criminal investigation of Mr. Epstein.
RESPONSE: None.
11. Any and all logs, pictures, videos, digital information, reports, memoranda
or notes, and any record of expenditure, which relate to the institution of and/or
maintenance of any video surveillance of Mr. Epstein, his residence, or his visitors
during the following time periods:
a. January 1, 2004-December 31, 2004
b. January 1, 2005-December 31, 2005
c. January 1, 2006-December 31, 2006
d. January 1, 2007-December 31, 2007
e. January 1, 2008-December 31, 2008
f. January 1, 2009-today's date.
RESPONSE: None.
12. Any and all reports, logs, pictures, videos, notes, records of expenditures
or any other memoranda relating to any physical surveillance of Mr. Epstein, his
residence, his visitors, or any individual who was believed to be a potential witnesses or
co-conspirator other than the information relating to video surveillance that is requested
in request number 11.
RESPONSE: Photographs of Mr. Epstein taken by Detective Recarey will
be produced. The Town possesses no other responsive documents.
4
EFTA00723748
13. Any and all reports (including forensic reports), memoranda, notes, and
reports of any examination of any computer seized from Mr. Epstein's residence in
October 2005 or on any other occasion.
RESPONSE: None.
14. Any and all reports, memoranda, or notes reflecting a criminal theft or
burglary investigation of Mr. Epstein or his residence on any occasion prior to October
2005.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
15. All cell phone records, both official cell phone and personal cell phone,
used by you between during the following time periods:
a. January 1, 2004-December 31, 2004
b. January 1, 2005-December 31, 2005
c. January 1, 2006-December 31, 2006
d. January 1, 2007-December 31, 2007
e. January 1, 2008-December 31, 2008
f. January 1, 2009-today's date.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it seeks information that is irrelevant and not likely to lead to
the discovery of admissible evidence. The Town of Palm Beach Police Officers
further object on the grounds that the request is overly broad and unduly
burdensome. Finally, the Town of Palm Beach Police Officers object on the
grounds that the request seeks information that is specifically excepted from
disclosure under Florida's Public Records Law. See generally Non-Party Town of
Palm Beach Police Officers' Motion to Quash Subpoenas and/or Motion for
Protective Order, incorporated herein. The Town reserves the right to submit a
privilege log at the appropriate time should the Court overrule its objections. See
Gosman v. Luzinski, 937 So. 2d 293 (Fla. e DCA 2006).
16. All calendars or diaries, electronic or hard-copy, kept for the periods
between October 1, 2004 up through and including today, reflecting your schedules,
activities, meeting, etc.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it seeks information that is irrelevant and not likely to lead to
the discovery of admissible evidence and as overly broad. The Town of Palm
Beach Police Officers further object on the grounds that the request seeks private
information that is not subject to disclosure as a public record under Section
5
EFTA00723749
119.011(1), Fla. Stat. and seeks statutorily protected information regarding the law
enforcement officers who made the calls and the persons to whom calls were
made including, but not limited, to family members, crime victims and
confidential informants. See generally Non-Party Town of Palm Beach Police
Officers' Motion to Quash Subpoenas and/or Motion for Protective Order,
incorporated herein. The Town reserves the right to submit a privilege log at the
appropriate time should the Court overrule its objections. See Gosman v.
Luzinski, 937 So. 2d 293 (Fla. 4th DCA 2006).
17. Any and all reports, memoranda, and notes of any communication
between y_qm and any member of the Office of the State Attorney relating to the criminal
investigation and subsequent prosecution of Mr. Epstein from October 1, 2004 up
through and including today.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006, no responsive
documents exist.
18. All policies and procedures of the Palm Beach Police Department setting
forth the procedures for police officers, including the Chief, any detective and officers
when commenting to any media outlets, including but not liming to the local news, the
national media, print outlets, and any web-based media format.
RESPONSE: All responsive documents in the possession, custody or
control of the Town of Palm Beach Police Officers were produced on December 9,
2009.
19. All personal notes contained either on your personal computer, work
computer, and those that are handwritten containing any witnesses that y.clq, or any
other member of the Palm Beach Police Department interviewed or attempted to
interview with regard to the Epstein investigation from January 1, 2004, up through and
including today.
RESPONSE: None.
20. Any and all audio tapes of any witnesses that you or any member of the
Palm Beach Police Department obtained statements or interviews from, either sworn or
informal, with regard to the Epstein investigation.
RESPONSE: None.
21. Any and all audio tapes, notes (hand-written or typed), memoranda,
reports, messages, and/or any communications obtained or generated by you or any
member of the Palm Beach Police Department, either sworn or informal, that relate to
Jane Doe #4", who is the Plaintiff in a Federal Civil Case No. 08-80380 filed against
Jeffrey Epstein.
6
EFTA00723750
RESPONSE: The Town of Palm Beach Police Officers have no information
regarding the identity of "Jane Doe #4" and therefore cannot properly respond to
this Request Furthermore, the Town objects to producing any responsive
documents of the type objected to in Request Nos. 2, 15 and 16, supra. Subject
to and notwithstanding its objections, the Town Police Department responds that
it possesses no responsive documents other than what has previously been
produced, unless those documents are encompassed within Request No. 2.
I HEREBY CERTIFY that a true copy of the foregoing instrument has been
furnished by United States mail to Theodore J. Leopold, Esquire and Spencer T.
Kuvin, Esquire, Leopold-Kuvin, P.A., 2925 PGA Boulevard, Suite 200, Palm Beach
Gardens, Florida 33410; Jack Alan Goldberger, Esquire, Atterbury Goldberger &
Weiss, P.A. 250 Australian Avenue South, Suite 1400, West Palm Beach, Florida
33401-5012; and Robert D. Critton, Jr., Esquire, Burman, Critton, Luther & Coleman,
LLP, 515 North Flagler Drive, Suite 400, West Palm Beach, Florida 33401, this
7.69-1-%-nayof January, 2010.
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm Beach, Florida 33402-3475
Telephone: 561-659-3000
Facsimile. 1-650-0465
PADOCS513156`40031SPLCA1753111.DOC
7
EFTA00723751
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA
CASE NO: 50 2008 CA 037319 XXXX MB AB
B.B.,
Plaintiff,
vs
JEFFREY EPSTEIN,
Defendant.
NON-PARTY TOWN OF PALM BEACH RECORDS CUSTODIAN'S
RESPONSE AND OBJECTION TO SUBPOENA DUCES TECUM
Non-party, Town of Palm Beach Police Department Records Custodian ("Town
Police Department"), hereby file this, her response and objection to the subpoenas
duces tecum served on her as follows:
GENERAL OBJECTIONS
As noted below, the Town Police Department has previously produced
documents responsive to this subpoena. In accordance with its obligations under
Section 119.07 of the Florida Public Records Law, the Town Police Department has
redacted a number of those documents in order to protect those matters excepted from
disclosure under Chapter 119, Fla. Stat. These areas of redaction include, but are not
limited to, the home addresses and telephone numbers of the law enforcement
personnel and any identifying information regarding the victims. Such redaction is
necessary because of the broad range of criminal intelligence and investigative
information regarding minor victims of sexual offenses under Florida Statutes Chapter
EFTA00723752
794 and/or 800 sought by the subpoenas. The redactions made by the Town Police
Department may also include exempted personal information regarding its law
employment officers and personnel including their home addresses, telephone numbers
and social security numbers.
RESPONSES AND OBJECTIONS TO DUCES TECUM
1. Any and all written reports, notes, memoranda or other papers authored
by any member of the Palm Beach Police Department and/or any of its employees,
members, agents, or representatives acting on behalf of the Palm Beach Police
Department whether in hard-copy or electronic form, that relate to any law enforcement
investigation of Jeffrey Epstein including but not limited to the investigation that resulted
in the filing of State criminal charges against Mr. Epstein. This request includes any
written communications between the Palm Beach Police Department and/or any of its
members, agents, or representatives acting on behalf of the Palm Beach Police
Department and any members of any Federal Law Enforcement Agency, any member
of the United States Attorney's Office, any member of the Office of the State Attorney,
any representatives of any media outlet, any civil parties, any civilian witnesses and/or
any lawyers or representatives of any parents of any civilian witnesses.
RESPONSE: For all of the reasons set forth in response to Request No. 2
infra and incorporated herein, the Town Police Department objects to the request
to the extent that it seeks electronic communications. Aside from personal e-mail
of its employees, which the Town Police Department objects to producing for all
of the reasons set forth in Response to Request No. 2, infra, all documents
responsive to this request on December 9, 2009.
2. Any and all electronic communications (EMAIL) between the Palm Beach
Police Department and/or any of its employees, members, agents, or representatives
acting on behalf of the Palm Beach Police Department and any of the following that
relate to any law enforcement investigation of Jeffrey Epstein including but not limited to
the investigation that resulted in the filing of State criminal charges against him: (A) any
other member of the Palm Beach Police Department, (B) any member of any Federal
Law Enforcement Agency, (C) any member of the Untied States Attorney's Office, (D)
any member of the Office of the State Attorney (E) any member of any print, television,
and/or radio media outlets (F) any attorney representing any civilian witness or civil
party who has filed or may potentially file a civil complaint against Mr. Epstein.
RESPONSE: The Town of Palm Beach Police Officers object to this request
on the grounds that it is unduly burdensome and seeks information that is
protected from disclosure under Florida's Public Records Law. The Town
reserves the right to submit a privilege log at the appropriate time should the
2
EFTA00723753
Court overrule its objections. See Gosman v. Luzinski, 937 So. 2d 293 (Fla. 4th
DCA 2006).
3. Any and all notes, memoranda or reports reflecting any communications
by the Palm Beach Police Department and/or any of its employees, members, agents,
or representatives acting on behalf of the Palm Beach Police Department with any
counsel on behalf of Epstein, including but not limited to any request for exculpatory
evidence.
RESPONSE: None.
4. Any and all notes, memoranda or reports reflecting any attempts by the
Palm Beach Police Department and/or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department to initiate or
encourage a federal review of any facet/aspect of the Epstein investigation or State
prosecution of same.
RESPONSE: Aside from the previously produced correspondence from
Michael S. Reiter to Barry E. Krischer dated May 1, 2006 and correspondences
from Michael S. Reiter to parents of victims dated July 24, 2006, no responsive
documents exist.
5. Any and all notes, memoranda or reports reflecting any complaints made
to the Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department from any person,
parent, or lawyer for any person or parent claiming to have been a victim of any conduct
of Mr. Epstein or from any other private citizen of Palm Beach County from 2000-2009.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
6. Any and all notes, memoranda, or reports reflecting any communication
between the Palm Beach Police Departments and/or any of its employees, members,
agents or representatives acting on behalf of the Palm Beach Police Department with
"AA." in relation to her being subpoenaed to testify before or her requested attendance
before a State Grand Jury, including but not limited to any discussions regarding what
she would testify to and/or any preparation that any law enforcement officer provided
her with prior to any testimony.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
7. Any State Grand Jury testimony that was sought or discouraged by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department regarding any
contact with "A.H". relating to any investigation of Mr. Epstein.
3
EFTA00723754
RESPONSE: None.
8. Any and all agreements, memoranda, and/or notes of any kind, electronic
or otherwise, between the Palm Beach Police Department or any of its employees,
members, agents, or representatives acting on behalf of the Palm Beach Police
Department and any member of the Office of the State Attorney, and/or any member of
the United State s Attorney's Office relating to any criminal charges, formal or otherwise,
regarding "A.H"at any time.
RESPONSE: None.
9. Any and all notes, memoranda, or reports of meetings or communications
between the Palm Beach Police Department or any of its employees, members, agents,
or representatives acting on behalf of the Palm Beach Police Department and "S.G."*,
her parents, or any lawyers who represent "S.G"*.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
10. Any and all records and requests of expenditures made or incurred by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department relating to the
criminal investigation of Mr. Epstein.
RESPONSE: None. The Town Police Department does not generally
assign expenditures to specific cases.
11. Any and all logs, pictures, videos, digital information, reports, memoranda
or notes, and any record of expenditure, which relate to the institution of and
maintenance of any video surveillance of Mr. Epstein, his residence, or his visitors.
RESPONSE: None.
12. Any and all reports, logs, pictures, videos, notes, records of expenditures
or any other memoranda relating to any physical surveillance of Mr. Epstein, his
residence, his visitors, or any individual who was believed to be a potential witness or
co-conspirator other than the information relating to video surveillance identified in
request number 11.
RESPONSE: None.
13. Any and all reports (including forensic reports), memoranda, notes, and
reports of any examination of any computer seized from Mr. Epstein's residence in
October 2005 or on any other occasion.
4
EFTA00723755
RESPONSE: None.
14. Any and all reports, memoranda, or notes reflecting a criminal theft or
burglary investigation of Mr. Epstein or his residence on any occasion prior to October
2005.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009
15. Any and all reports, memoranda, and notes of any communication by the
Palm Beach Police Department or any of its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department and the Office of
the State Attorney relating to the criminal investigation and subsequent prosecution of
Mr. Epstein from October 1, 2004 up through and including today.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
16. All policies and procedures regarding commentary to any media outlets,
including but not limited to the local news, the national media, print outlets, and any
web-based media format.
RESPONSE: All responsive documents in the possession, custody or
control of the Town Police Department were produced on December 9, 2009.
17. Any and all notes generated by the Palm Beach Police Department, its
employees, members, agents, or representatives acting on behalf of the Palm Beach
Police Department that concern or relate to any interviews or statements obtained
regarding the Epstein investigation from January 1, 2004, up through and including
today, including but not limited to notes that are handwritten, contained on any work
computer, and/or any personal computer.
RESPONSE: Aside from the Incident Report produced on December 9,
2009, no responsive documents exist
18. Any and all audio tapes of any witnesses that the Palm Beach Police
Department or any of its employees, members, agents, or representatives acting on
behalf of the Palm Beach Police Department obtained statements or interviews from,
either sworn or informal, with regard to the Epstein investigation.
RESPONSE: None.
19. Any and all personnel records of Michael Reiter, Detective Joseph
Recarey, Detective Michelle Pagan, and Detective Michael Dawson.
RESPONSE: None.
5
EFTA00723756
20. Any and all audio tapes, notes (hand-written or typed), memoranda,
reports, messages, and/or any communications, either sworn or informal, obtained or
generated by Palm Beach Police Department, its employees, members, agents, or
representatives acting on behalf of the Palm Beach Police Department that relate to
Jane Doe #4**, who is the Plaintiff in a Federal Civil Case No. 08-80380 filed against
Jeffrey Epstein.
RESPONSE: The Town of Palm Beach Police Officers have no information
regarding the identity of "Jane Doe #4" and therefore cannot properly respond to
this Request. Furthermore, the Town objects to producing any responsive
documents of the type objected to in Request Nos. 2, 15 and 16, supra. Subject
to and notwithstanding its objections, the Town Police Department responds that
it possesses no responsive documents other than what has previously been
produced, unless those documents are encompassed within Request No. 2.
I HEREBY CERTIFY that a true copy of the foregoing instrument has been
furnished by United States mail to Theodore J. Leopold, Esquire and Spencer T.
Kuvin, Esquire, Leopold-Kuvin, PA, 2925 PGA Boulevard, Suite 200, Palm Beach
Gardens, Florida 33410; Jack Alan Goldberger, Esquire, Atterbury Goldberger &
Weiss, P.A. 250 Australian Avenue South, Suite 1400, West Palm Beach, Florida
33401-5012; and Robert D. Critton, Jr., Esquire, Burman, Critton, Luther & Coleman,
LLP, 515 North Flagler Drive, Suite 400, West Palm Beach, Florida 33401, this
of January, 2010.
JONES, FOSTER, JOHNSTON & STUBBS,
P.A.
505 South Flagler Drive, Suite 1100
Post Office Box 3475
West Palm 3402-3475
Telephone:
Facsimile:
By
bhn C. Randolph
PADOCSU31561.00315WW11753150.DOC
6
EFTA00723757