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KIRKLAND & ELLIS LLP
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December I I. 2007
V lajtAOSIMILF: (30a.530-6444
I lonorable R. Alexander Acosta
United States Attorney
United States Attorney's Office
Southern District of Florida
99 NE 4th Street
Miami, FL 33132
Re: Jeffrey Epstein
INair Alex:
As we discussed during our telephone conversations un both Friday and Monday
(yesterday). we arc submitting two separate letters that address our broad areas of deep concern
in this matter: Finn, the cluster of limdamemal policy issues surrounding the use and
implementation of 2255. n richly policy-luden but uncharted area of federal law: and second. our
profound concerns as to the background and conduct of the investigation. Consistent with our
conversations, we submit these letters with the assurance and understanding that our doing so in
no manner constitutes a breach of the Non-Prosecution Agreement or unwinds that Agreement.
We arc grateful for your courtesy in agreeing to receive and consider these submissions, and then
to meet to discuss them.
As you undertake your study and reflection. kindly allow me to make this pivotal point:
In the combined 250 years experience ofJeffrey's defense team, we have together and
individually concluded that this case is not only extraordinary and unprecedented. it is deeply
and uniquely troubling. The constellation of issues. large and small. renders Jeffrey's matter
entirely sal genesis. We say this not lightly. Indeed, as you will glean from our two letters. we
arc gravely concerned Mat in addition to its odd conceptualization and genesis, the matter in its
day-to-day implementation has been handled in a manner that raises deeply troubling questions
with respect to both federal policy and individual judgment in a system that is, at its best
assiduously devoted to the rule of law. The latest episodes involving 2255 notification to the
alleged victims put illustratively in bold relief our concerns that the ends of justice. time and
aµain, are not being served. Fly way of illustration, hut it is only one among a cascading list or
grave concerns, we now understand that the Assistant United States Attorney whose conduct has
troubled us from day one has quite recently reached out to the attorney fur Tatum and
Chicago Hong Kong Now York San Francisco Washington, D.C.
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December I I. 2007
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provided oral notification of the victim notification letter. This notification, as we have stated
time and again. is profoundly unfair. But quite apart from our substantive concerns. which are
abiding and which had prompted our appeal to the Assistant Attorney General in the first
instance, we had thought that the notification process had been held in abeyance until completion
°four ongoing discussions with respect to that process. That appears not to be so. This latest in
a baleful line of prosecutorial actions si.th irony. We respectfully cull your attention
to the transcript of the interview with and guide you as the duly confirmed
Executive Branch official charged wit Imo mg judgments consistent with our constitutional
order to the telling fact that Ms. Miler did not in any manner view herself as a victim. Quite to
the contrary. She is not alone.
We draw attention to this episode as but a recent indication of the deepening need for
your thoughtful and independent review. And for your agreeing to pmvide that review. our
defense team is very grateful.
Respectfully Submitted.
• .• -**11 •
Kenneth W. Starr
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December I I. 2007
VIA FACSIMILE (305) 530-6444
Honorable R. Alexander Acosta
United States Attorney
United Slates Attorney's Office
Southern District of Florida
99 NE 4th Street
Miami. Fl. 33132
Re: .141frey
Dear Alex:
appreciate the opportunity you have provided to review some of the issues and concerns
of Mr. Epstein's defense learn. Importantly. I appreciate your agreement that this submission
would neither be understood by you as constituting a breach of the Non-Prosecution Agreement
("Agreement- ) nor result in any unwinding of the Agreement by your Office. Implicit in this
agreement is the understanding that I can share with you our concerns and request a review on
the basis for these concerns. while at the same time assure any client that this submission will not
in any respect result in limn& or lamina, repercussions or attempts by any member of the
prosecution or investigative team to involve themselves io Mr. Epstein's detriment in any matter
related to the Agreement. particularly in the state prosecution. This letter is intended to support
our assertion to you that the manner in which both the investigation of allegations against Mr.
Epstein and the resolution thereof were highly irregular and warrant a full review. We appreciate
your willingness to consider the evidence. We respectfully request that you review Judge Stern's
letter to Alan Dershowitz. faxed to you on December 7. 2007. in connection with the concerns
we set forth in this submission.
I. FEDF.RAL INVESTIGATORS RELIED UPON TAINTED EVIDENCE.
We have serious concerns that the summaries of the evidence that have been presented to
you have been materially inaccurate. As you may know. the principal witnesses in this case were
first interviewed by Detective Recarey of the Palm Reach Police Department (the "PRPIT) and
other state law enlbrcement officers. These interviews (the "witness statement() were olden
tape-recorded thus providing a verbatim and detailed record of the recollections of the witnesses
au a point in time prior to any federal involvement. Unfortunately. the police report authored by
Detective Katy and certain affidavits executed by him contained both material misstatements
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regarding the specifics of what he was told by his witnesses and also contained omissions of
critical and often exculpatory infonnation that was recorded verbatim during the taped interview
sessions. The federal investigation involved interviews with many of the satne wimesscs. We
are aware that at least one federal interview ) was recorded.
We understand that Detective Recarcy provided his police report and certain affidavits to
the federal authorities but did not provide the actual witness statements of the taped interviews to
your Office or to the FBI. nese witness statements constitute the hest evidence available (they
are verbatim and earlier in time to the federal interviews), and they contain statements that are
highly exculpatory to Mr. Rpstein. Because understanding the compromised nature of the
"evidence" against Mr. Epstein is key to a proper view of this ease, we summarize it in detail
below.
A. The Witness Statements Establish That Mr. Epstein Old Not Target
Masseuses Under IS.
Indeed. the witness statements demonstrate that the opposite is true. First. the evidence
shows that the many of the masseuses wet...at:en or over. including inhaling Sjoberg,. Julie
Brabon, Vencro. M. and Christine I=. at the time they
visited Mr. ISpstein's home. Also, there is substantial evidence. found in the sworn statements of
the women themselves, which indicate that, to the extent others were in fact under the nee of
eighteen, many affirmatively lied about her age. mAs IM herself told the PKPD:
- Ilaley IRobson] told the to say I Was I S because said .. . if you're not then he [Epsteinl
won't wally let you in his house. So I said I was IX". Detective Recerey. however. largely
ignored these critical admissions in his Police Report and Probable Cause Allidavit.
Q: At any time, did he speak to you and does he know how old you arc? Did 1w know
how old you were?
A: .. .As a mater of thet. In told me to say I was IX because said
tell him you're 18 because if you're nut, then he won't really let you in his house. So
I said I was IS. As I was giving him a massage. he's like, how old arc you? And
then I was like IR. But 1 kind of said it really fast because l didn't want to nuke it
sound like I was lying or anything. (Swum Statement of 3/18/(15).
• Jennifer
Q: Did he usk you your age?
A: Yeah, I told him I was IS. (Sworn Statement of 10/05/05).
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•
Q: Did he know your age?
A: I don't think -- I think he did. Downstairs was like oh. well if they ask
you how old are you just say you're IR but he never asked me how old I wax. I
thought you had to be 18 to give a massage (inaudible). (Sworn Statement of
12/13/05)
• SIVINdy VCISISCO:
A: We were supposed to say we were 18.
Q: Who told you that, to say that?
A: . (Sworn Statement of 11/8/05).
Italey
A: I told him I was 18. (Sworn Statement of 10/3/05).
• Robson concerning Serina Figueroa:
Well with Serina [Figueroa, I don't know how old she is because she lied about her
age. She lied to me when I first met her. When I was IA she told me she was IS.
(Inaudible.) Well she told her purse at my house and she told me to make sure that I
didn't look in her purse. When I went thmugh her purse I found her state license that
said she was 16 so she lied to me about her age. (Sworn Statement of ICl/03/05/i
Q: Now. how old were you when you lint started going there?
A: Eighteen. I'm 19 now this last March." (Sworn Statement of 10/12/05).
Q: And all this occurred when you were 18 though?
In addition to giving a sworn staletneol ai the PRPD station. conversations with Deleviive Recurvy
trwmportrd to and from die minion were also recorded. lids excerpt is taken fromtlw recording of
(raveling from the siathm.
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A: I ih-huh. 1 had been IS for like S months. nine months already. My birthday is in
June so I had been 18 tbr a while. (Sworn Statement of 2/3/OS).
• Angela Thomas:
0: Okay. How old are you now? You're -
A: I'm 20
Q: You're 20. So a couple months ago you would have been what. I')'?
A: t Ih-huh.
Q: Alright. So July. August you would have been 19. 20. On the verge of 20?
A: Uh-huh. (Sworn Statement of 1 I/4/05)
We believe that other witnesses have similarly told the HD that Mr. Epstein attempted to
monitor the ages of the masseuses who cunt to his home. We thriller believe than these
transcripts would show that the federal interest in prosecuting Mr. Epstein fur paradigmatic stale
offenses was far less compelling than the inaccurate police reports suggest.
D. Detective Recarev Made Crucial Misstatements in the Police Report and
Probable Cause Affidavits.
We have reviewed the sworn and recorded witness statements of many of the individuals
who were interviewed (conducted in person or by telephone) as well as a number of the
controlled calls cited in the Police Report. 'lime Idler time, we found statements in the Police
Report attributed to statements made in the sworn recordings that either simply were not said. or
in some instances, are flatly contradicted. by the witness who purportedly made the statement. Tn
fact. they often stand in stark contrast to representations made by Detective Reearey in both the
official Police Report and in affidavits signed by him under oath . We highlight the most
significant ones identified to date:
• LTA DidNol Report that Epstein 'fold Her to Lie About her Age
The Probable Cause Affidavit indicates that during her sworn stall "Dail advised
that during her frequent visits Epstein asked fur her real age. stated she was
sixteen [and that Epstein advised her not to tell anyone her real age.- Arrest
Probable Cause Affidavit al I I. That statement appears nowhere in hall's sworn
statement.
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• Hall Did Nat State that Epstein Phutographed Her I laving Sex
Detective Recarey also reports Hall as claiming that "Epstein would photograph
Marcinkova and her naked and having sex and proudly tf the photographs
within the home." Id. at 12. Again, this statement is not in swam statement.
To the contrary, the transcript reflects that hall stated: "I was just like. it was me
standing in front of a big white marble bathtub ... in the guest bathroom in his master
suite. And It wasn't like was you know spreading my legs or anything for the
camera, I was like. I was standing up. I think I Wits standing up and I just like. it was
me kind of looking over my shoulder kinds smiling. and that was that." Sworn
Statement of 10/11/05 at 35. 2
• Pentek Said Epstein Did Nat Touch I ler Inappropriately
Detective Recarey recounts that rayth Penick advised that "Epstein grabbed her
bullocks and pulled her close to him." Probable Cause Affidavit at 6. See also. Police
Report (10/07/05) at 30 (same). Pentek never made this slulethent, to rael. when
Detective Recarey asked. "He did not touch you inappropriately!" Penick responded.
"No." Sworn Statement of 10/04/05 at I I.
• MOB Esposito Was Nut Sixteen When 8110 First When to Epstein's Home.
Detective Reality states: also stated she was sixteen years old when she
first went to Epstein's house". Incident Report al 52. However.
affirmatively states that she was seventeen when she first went to Epstein's home:
"Q: Okay. How old were you when you first went there? A: Seventeen. Q:
Seventeen. A: And I was 17 the last time I went them too. 1 turned 18 this past
June". Sworn Statement of 11/14/05.
• Shasdy Velaseo Told Detective Keeney that Epstein DidNut Take out Sex Toys.
The Pmbable Cause Affidavit indicates that Shandy Velasco stated, "Epstein would
use a massager/vibrator, which she described as white in color and a large head.
Epstein would nib the vibrator/massager on her vaginal area as he would masturbate."
Probable Cause Affidavit at 14: see also Police Report (1I/10/05) at 49 ("Epstein
would use a massager/vibrator, which she described as white in color with a large
head, on herr). This statement appears nowhere in the transcript of Velascols sworn
.m.•••••
2 I Intl was interviewed by Detective Itecarey twice, once by telephone, and once in Nrson. The portions of the
Police Roan at which we refer speci0cally cite the inperson interview of l kill as the source for the
inronnation reported. We have reviewed the recording of that interview and base doe comparison on that
review. We have never heard a recording (tribe telephone interview.
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statement. In Nei when Detective Recarey asked whether Mr. Epstein had "ever
take(n1 out any toys," Vclascn responded. "No." Sworn Statement of 11/08/05 ut I7.
• Did Not Recall Mr. Epstein Masturbating
Detective Recarey recounts that "advised she was sure (Mr. Epstein]
was masturbating based on his hand movements going up and down on his penis
area." Probable Cause Affidavit at B. See also Police Report (10/07/05) at 35 (same).
Detective Recarey's account is in direct contradiction to Laduke's true
statement, speci tient ly:
Q: Okay did he ever take off — did he ever touch himself?
A: don't think so.
Q: No. Did he ever masturbate himself in front of you?
A: I don't remember him doing that. Ile might have hut I really don't
remember. (Sworn Statement of I (/05/05 at 7).
• Juan Alessi Staled that OthiOne Girl Looked Young
Police Report at 57: "Alessi slated that towards the end of his employment. the
masseuses were younger and younger". However, he said no such thing:
Q: Did they seem young to you?
A. No. sir. Mostly no. We saw one or two young ones in the last year. Before that.
it was all adults . I remcmhcr one girl was young. We never asked how old she
was. It was not in my job . . . But I imagine she was 16, IT'. (Sworn Statement of
11/21/05)
C. Detective Recarey Made Material Omissions in the Police Report.
In addition to the misstatements in the Police Report and Probable Cause Affidavit as to
the evidentiary record, there were also material omissions. both of facts known to the PBPD and
also of filets not known to the PBPD, though known by the State Attorney. In the latter instance.
the lack of knowledge was the result or the PLIPD's relbsal to receive the exculpatory evidence.
in fuel. they refused to attend a meeting called by the State Attorney specifically to provide the
relevant evidence. Thus, the Police Report and Probable Cause Affidavit only affix a skewed
view of the facts material to this matter. Examples follow.
1. The Video Surveillance Equipment Located in Mr. Epstein's Office and Garage.
Both the Police Report (at 43) and the Probable Cause Affidavit (at I make
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particular mention of the "discovery" of video surveillance equipment (or "covert
cameras" as they are called) in Epstein's garage and library/office. Inclusion of this
inthrination insinuates a link between the equipment and the events al issue: in the
Probable Cause Affidavit Detective Recarcy states, "on the first floor of the !Epstein'
residence I [Detective Reetueyl found two covert cameras hidden within clocks. Onc
was located in the garage and the other located in the library area on a shellbehind
Epstein's desk . ' • computer's hard drive was reviewed which showed several
images of I laley and other witnesses that have been interviewed. All of these
images appeared to come from the camera positioned behind Epstein's desk". See
Probable Cause Affidavit at IR.
Clearly omitted from both the Police Report and the Probable Cause Affidavit is the
fact that the PIM and specifically Detective Rocarey. knew about the cameras since
they were installed in 2003. with the help of the PAPA, to address the theft of cash
from Epstein's home. This fact is detailed in a Palm Reach Police Report prepared in
October 2003 detailing the thefts, the installation of video equipment, the video
recording capturing Juan Alessi (Mr. Epstein's then house manager) "red handed-.
and the incriminating statements made by Alessi when he was confronted at the lime.
See Alessi Police Report at 5. 8. The contemporaneous police report confirms the
fact that the video footage was turned over to Detective Rectircy himself.
2. Polygraph examination atuasprt. On May 2. 2006. Mr. Epstein submitted to a
polygraph examination by M Slattery. a highly respected polygraph examiner
who is regularly used by the State Attorney. The examination was done at a time
when we were told that the sole focus of the investigation was the conduct with
Gonralez.
Mr. Epstein was asked (a) whether he had "se tad contact with n: (11)
i • ••• anyway threatenledl : (c) whether Inc was told by
"that she was IR years old"; an ( ) whether he "believed
i was IR years old". As set lbrth in the Report of the examination, the term
"sexual contact" was given an extremely broad meaning in order to capture any
inappropriate conduct that could have occurred:I The results of the examination
confirmed thati.to such conduct occurred: (ii) Mr. Epstein never threatened
: (iii) told Mr. Epstein she was IR years old: and (iv) Mr. Epstein
believed Gonzalez was IR years old.
4 the eetelehle included: - sexual intereolusc. oral sex acts (penis in muds ur Ohne!' on vagina). linger penetration
ore he vagina. linger penetration of the anus. touching or its: vagina for sexual gratification purposes, touching
orate penis for sexual gratiliCalion purposes. masturbation by or to another. touching or nthhing, of the breasts.
or any other physical contact involving sexual thoughts multur desires with another person-.
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3. Broken "Sex Top" in Mr. Epstein's Trash. The Police Report details the police
finding in Mr. Epstein's trash what is described as broken pieces of a "sex toy" and
that this "discovery" purportedly corroborated witness statements. Omitted from both
the Police Report and the Probable Cause Affidavit is the find that during the course
Of executing the search warrant in Epstein's home, the police discovered the other
piece of that key "sex toy" and realized it was in litct only the broken handle of a
salad server. Though "sex toys" play a prominent role in the Police Report and
Probable Cause Affidavit. the Police Report was never amended to rellect the
discovery of this new and highly relevant evidence.
4. Failure to Consider Evcidpatory or Impeaching Evidence. Other exculpatory and
impeaching evidence known by the PBPD was omitted from the Police Report and
Probable Cause Affidavit hy. in our view, manipulating the date the investigation was
allegedly closed. According to the Police Report (at 85). Detective Recurey
"explained Ito MA Relnhlavek) that the PBPD had concluded its CUM in December
of 2005". That assertion, which is false. conveniently resulted in the omission °fall
information adduced subsequent to that date. Thus, though the Police Report in fact
contains information obtained Mier December 2005. the POP!) purported to justify its
refusal to consider, or even to include, in the Police Report, the Probable Cause
Affidavit or what it released to the public, all the exculpatory and evidence
impeaching the witnesses submitted on behalf of Mr. Epstein. most of which was
provided Idler December 2005. That evidence is listed below.
5. Unreported Criminal Histories and Mental /tenth Problems of the Witnesses
Itidied on in the Police Report and Probable Cause Affidavit. Evidence obtained
concerning the wimesses relied upon to support the Probable Cause Affidavit casts
significant doubt on whether these witnesses are sufficiently credible to support a
finding at' probable cause, let alone to sustain what would he the prosecution's burden
of proof at a trial.4 Though such evidence was submitted to the MD. none of it was
included in the Police Report or the Probable Cause Affidavit.
• Juan Alessi: While the Police Report (at 57) and the Probable Cause Affidavit (at
21) contain assertions by Alessi, which allegedly support bringing a criminal charge.
the evidence revealing Alessi's evident mental instability; prior criminal conduct
against Epstein: and bias towards Epstein is notably omitted. As detailed above, in
2003, Alessi was filmed taking money from Epstein's home. After being caught on
videotape unlawfully entering Epstein's home and stealing cash from a briefcase,
While we have never intended to and do not here seek lu gratuitously cue aspersions on any or the whin:saw. in
previously asking the Stale and now asking you to evaluate the strength of this case. we have been constrained
to point out the fact that the alleged victims chose to present themselves to the world through MySpace profiles
with self selected monikers such us "Pimp Juice" and " Flicking or with nude photos.
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Alessi admitted to the PON) that he entered the house unlawlially on numerous
occasions, stealing cash and attempting to steal lipstein's licensed handgun to commit
suicide. Although this information was known by Detective Recurey at the time the
Police Report and Probable Cause Affidavit were prepared. and is clearly material to
any determination of credibility. it was omitted.
was the source or the vast majority or the serious
allegations made a mast Epst-. While the Police Report and Probable Cause
Affidavit rely on numerous assertions, there are two significant pmblems with
that reliance. First there is no mention or certain critical admissions made by Hall
during her interview, as well as on her MySpace wehpage (discovered by defense
investigators and turned over to the State Attorney). Second. all but omitted limn the
Police Report is any reference to the facts known about her by the PBPD. specifically,
that at the lime I tall was making these assertions die had been arrested hp the PAPA
and was heing prosecutedfor possession of maryuana and drug paraphernalia. We
take each in mm.
• Admits Voluntary Sexual Coughed With Epstein.
Refuses to ise ose the &position of the Monies She Earned, and
Lies About Being "Given" a Car by Emidi): Detective Recarcy
failed to include in the Police Report admission that on one
occasion she engaged in sexual conduct wit Epstein's girlfriend us
her hirthda "gilt" to Epstein. Nor does Detective Recurey include the
fact that flatly refused to discuss with him the disposition of the
thousands o dollars she said she was given by Epstein. or that she
falsely claimed that she did not use drugs. despite her My-Space entries
in which she exclaims "I can't wait to buy some weedmunn.
Detective Recarey was aware the car had been rented. not purchased.
and only it was only leased on a monthly basis for two months. While
familial claim that she was given a car appears in the Police
Report, it is never corrected.
• Was Arrestedfor Possession qfMarijuana and Drug
trap reran :a. As noted. on September I I. 2005, I tall was arrested
for possession of marijuana and drug paraphernalia. In response to
this arrest "came forward' (as the Probable Cause Affidavit
implies at claiming she had knowledge of "sexual activity
taking place" nt Epstein's residence and misconduct by Epstein. (this
"coming forward- as no where in the Police Report) Thus, it
becomes clear that assertions of misconduct by Epstein were
motivated by a desire to avoid the repercussions or her own criminal
conduct. which should have been taken into account when assessing
her credibility as a witness.
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• ■Steals From a Secret Store. An
investigation by private investigators wor •e ! • lefense revealed
that in lute 2005 ((all was employed at a Secret store in
Florida. Three days after her liana case was terminated. I rail was
caught by a store manager as attempted to leave the store with
merchandise in her purse, the security tag still attached. Seeing the
manager, Hall claimed "someone is (tying to set me up". Following an
internal investigation. which disclosed additional thells from both the
store and a customer, she was fired. In a recorded interview. I loll
admitted to stealing and asserted that her reason for doing so was that
"she was not getting paid enough". This information and supporting
documentation was presented to the PBPD. but was never included in
the Police Report or Probable Cause Affidavit.
• flail Lies on MySpace About Secret tore
Term:nation. Also uncovered • '• ise investigators is
dissembling version of the Secret debacle on cr
"MySpace" webpage. Them Hall gmouneed that she ". . tbrgot to
let everyone know quit my job at M. They said they suspected me
of 'causing losses to their company' which by the way is bullshit. I
was 'by the book' on EVERY]] IING!!! . . . I got so fed up in that
office that I handed the toss Prevention lady back my keys and
walked out". This intommtion and supporting documentation was
provided by the defense to the PBPD, but was not included in the
Police Report or Probable Cause Affidavit.
• Lies on I Secret Jab Application.
Additional in tuition on MySpace webpage casts further
doubt on her credibility. For mpl she to having engaged in
a fraudulent scheme to get hired by Secret, explaining. "Oh,
it wa so funny I used [my boyfriend' as one of my relCrenees for
my Secret job and the lady called me back and told me thin
William Tucker gave me such an outstanding reference that she did
not need to call anyone else hack.. . . he got me the job! Just like that .
.. I lied and said he was the old stock manager at flolister she bought
it. . ." 'Ibis infiumation and supporting documentation was provided
by the defense to the PRPD, but was not included in the Police Report
or Probable Cause Affidavit.
• Alexandra ■ltoastc About Her Marijuana Use. Also on her
MySpace webpage can be found I lall's admissions of purciwi g and
using marijuana and marijuana paraphernalia. Specifically, states
she "can't wait to buy some weed!!! . . . 1 can't wait!!! . .. (Hold on:
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let me say that again) I can't wait to buy some weed!!!. . . I also want
to get a vaporizer so I can smoke in my room because apparently there
are 'mires' everywhere", also posted a photograph of a marijuana
cigarette and labeled it gl viat heaven looks like to me". This
information and supporting documentation was provided by the
defense to the MOD, was not included in the Police Report or
Probable Cause Affidavit (although there is both a fleeting reference in ..7
the Police Report to ))all's use of marijuana with her boyfriend (at 47)
and in the Probable Cause Affidavit to I lull's marijuana arrest (at 10-
1 I )).
• MI While the Police Re ri and Probable Cause Affidavit contain
numerous assertions intended to negate taped admission that she clear)
told lipstein she was IR, omitted from t lese moments is reference to
MySpace webpage. presented to the State Attorney's Office, where . in no comet: ion
to this case, she allirtnialvely represented to the world that she was 18. thereby
corroborating her lie to Epstein. Also omitted is any reference to her long history of
run-ins with law entbreement. Among those arc multiple runaway complaints by her
parents and her assignment to a special high school for drug abusers.
• Gonzakc's AlySpare Webpage Slates She Drinks, Uses Drugs, Gets
haa Trouble, Has Denten Someone Up, Shoplifts. Has Lost her
Virginity, Earns $250,000 and Higher, and Contains Naked and
Provocative Photographs. The first image seen on
MySpaee webpage, the photo chose to represent ler. Is I at
ola naked woman provocatively.mg on the beach. The illuminating
webpage also contains assertions that of all her body pans.
she - love(s1 her ass". sic no s to excess. uses drugs, "gets into
trouble", has beaten someone up. has shoplifted - lots", "already lost"
her virginity, and earns "S250,000 and higher". As with the other
impeaching information. this material. vital to determining credibility,
was provided by the defense to the PRPD but was never included in
the Police Report or Probable Cause Affidavit.
• GonzalersPS Record — Drags, Alcohol, R lug Away Front
Home. has a history of running away/turning up missing
from her pamnts various homes; of using drugs and alcohol; and of
associating with individuals of questionable judgment. For example, a
Palm Beach County Sheriffs Office Report details how only two days
after she returned to Florida to live with her lather, on March 31, 2006.
police were called to the home in response to her father's report that
she and her twin sister were missing. 'Ile Police Report describes her
as "under the influence of a narcotic as 'she' could barely stand up.
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filed eyes wen: blood [heti pupils were diluted [sic'". It
flintier documents that and her sister had stayed out all night
returned home by a -• nig dealer. This event coincided with
having been found at an "inappropriate locution" by Georgia
police in response to a call about Gonzalez's disappearance. Although
this information. material to determining credibility. was provided by
the defense and known to the PBPD. it was never included in the
Police Report or Probable Cause Affidavit.
• Daniel While the Po rt nd Probable Cause
vit rely on statements of father. Daniel
. his federal hank fraud conviction. which defense
investigators discovered and turned over t t PBPD during the
course of the investigation, was omitted. . served 21 months
in federal prison for his offense.
• Erika : While the Police I 'rod m able Cause
Affidavit rely on statements
stepmother. omitted is Erika state conviction ler identity
fraud. This information. uncovered by defense investigators, was also
turned over to the PBPD during the course of the investigation.
O. In Licht Of The Compromised Nature Of The Evidence, A Fulsome Review
Should Re Conducted
These tainted and inaccurate reports compromised the federal investigation.' As you may
know, the PBPD took the unprecedented and highly unethical step of releasing these reports to
the media as well. These reports spread across the Internet, and were undoubtedly read by the
other individuals who were later interviewed by the FBI for giving Mr. Epstein massages. As we
have shown, these reports contain multiple fabrications, omissions. and outright misstatements of
rod. Moreover, the evidence and the allegations were undeniably misrepresented to the 1:14I.
with no inclusion or the evidence exposing the deficiencies or the "proof' and the exculpatory
evidence upon which the State relied. Furthermore, it should be noted that many of these same
individuals were also interviewed by the FBI after their state interviews but prior to Mr.
Epstein's counsel providing the government with the transcripts or the recorded interviews. The
Although we twee liven informed that the FBI identified and then interviewed additiontil potential witnesses, many
Of their diseoveries are believed to have emanated from message pads containing amino information that were
seinal from Mr Lipsiein's home pursuant ton state search wnrrani that was deeply and constitutionally flawed by
Keen ey's misontements and omissions as
--t el.! '.,1_4, a-IS 4Q/ Ill'21
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December I I. 2007
V lajtAOSIMILF: (30a.530-6444
I lonorable R. Alexander Acosta
United States Attorney
United States Attorney's Office
Southern District of Florida
99 NE 4th Street
Miami, FL 33132
Re: Jeffrey Epstein
INair Alex:
As we discussed during our telephone conversations un both Friday and Monday
(yesterday). we arc submitting two separate letters that address our broad areas of deep concern
in this matter: Finn, the cluster of limdamemal policy issues surrounding the use and
implementation of 2255. n richly policy-luden but uncharted area of federal law: and second. our
profound concerns as to the background and conduct of the investigation. Consistent with our
conversations, we submit these letters with the assurance and understanding that our doing so in
no manner constitutes a breach of the Non-Prosecution Agreement or unwinds that Agreement.
We arc grateful for your courtesy in agreeing to receive and consider these submissions, and then
to meet to discuss them.
As you undertake your study and reflection. kindly allow me to make this pivotal point:
In the combined 250 years experience ofJeffrey's defense team, we have together and
individually concluded that this case is not only extraordinary and unprecedented. it is deeply
and uniquely troubling. The constellation of issues. large and small. renders Jeffrey's matter
entirely sal genesis. We say this not lightly. Indeed, as you will glean from our two letters. we
arc gravely concerned Mat in addition to its odd conceptualization and genesis, the matter in its
day-to-day implementation has been handled in a manner that raises deeply troubling questions
with respect to both federal policy and individual judgment in a system that is, at its best
assiduously devoted to the rule of law. The latest episodes involving 2255 notification to the
alleged victims put illustratively in bold relief our concerns that the ends of justice. time and
aµain, are not being served. Fly way of illustration, hut it is only one among a cascading list or
grave concerns, we now understand that the Assistant United States Attorney whose conduct has
troubled us from day one has quite recently reached out to the attorney fur Tatum and
Chicago Hong Kong Now York San Francisco Washington, D.C.
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provided oral notification of the victim notification letter. This notification, as we have stated
time and again. is profoundly unfair. But quite apart from our substantive concerns. which are
abiding and which had prompted our appeal to the Assistant Attorney General in the first
instance, we had thought that the notification process had been held in abeyance until completion
°four ongoing discussions with respect to that process. That appears not to be so. This latest in
a baleful line of prosecutorial actions si.th irony. We respectfully cull your attention
to the transcript of the interview with and guide you as the duly confirmed
Executive Branch official charged wit Imo mg judgments consistent with our constitutional
order to the telling fact that Ms. Miler did not in any manner view herself as a victim. Quite to
the contrary. She is not alone.
We draw attention to this episode as but a recent indication of the deepening need for
your thoughtful and independent review. And for your agreeing to pmvide that review. our
defense team is very grateful.
Respectfully Submitted.
• .• -**11 •
Kenneth W. Starr
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December I I. 2007
VIA FACSIMILE (305) 530-6444
Honorable R. Alexander Acosta
United States Attorney
United Slates Attorney's Office
Southern District of Florida
99 NE 4th Street
Miami. Fl. 33132
Re: .141frey
Dear Alex:
appreciate the opportunity you have provided to review some of the issues and concerns
of Mr. Epstein's defense learn. Importantly. I appreciate your agreement that this submission
would neither be understood by you as constituting a breach of the Non-Prosecution Agreement
("Agreement- ) nor result in any unwinding of the Agreement by your Office. Implicit in this
agreement is the understanding that I can share with you our concerns and request a review on
the basis for these concerns. while at the same time assure any client that this submission will not
in any respect result in limn& or lamina, repercussions or attempts by any member of the
prosecution or investigative team to involve themselves io Mr. Epstein's detriment in any matter
related to the Agreement. particularly in the state prosecution. This letter is intended to support
our assertion to you that the manner in which both the investigation of allegations against Mr.
Epstein and the resolution thereof were highly irregular and warrant a full review. We appreciate
your willingness to consider the evidence. We respectfully request that you review Judge Stern's
letter to Alan Dershowitz. faxed to you on December 7. 2007. in connection with the concerns
we set forth in this submission.
I. FEDF.RAL INVESTIGATORS RELIED UPON TAINTED EVIDENCE.
We have serious concerns that the summaries of the evidence that have been presented to
you have been materially inaccurate. As you may know. the principal witnesses in this case were
first interviewed by Detective Recarey of the Palm Reach Police Department (the "PRPIT) and
other state law enlbrcement officers. These interviews (the "witness statement() were olden
tape-recorded thus providing a verbatim and detailed record of the recollections of the witnesses
au a point in time prior to any federal involvement. Unfortunately. the police report authored by
Detective Katy and certain affidavits executed by him contained both material misstatements
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regarding the specifics of what he was told by his witnesses and also contained omissions of
critical and often exculpatory infonnation that was recorded verbatim during the taped interview
sessions. The federal investigation involved interviews with many of the satne wimesscs. We
are aware that at least one federal interview ) was recorded.
We understand that Detective Recarcy provided his police report and certain affidavits to
the federal authorities but did not provide the actual witness statements of the taped interviews to
your Office or to the FBI. nese witness statements constitute the hest evidence available (they
are verbatim and earlier in time to the federal interviews), and they contain statements that are
highly exculpatory to Mr. Rpstein. Because understanding the compromised nature of the
"evidence" against Mr. Epstein is key to a proper view of this ease, we summarize it in detail
below.
A. The Witness Statements Establish That Mr. Epstein Old Not Target
Masseuses Under IS.
Indeed. the witness statements demonstrate that the opposite is true. First. the evidence
shows that the many of the masseuses wet...at:en or over. including inhaling Sjoberg,. Julie
Brabon, Vencro. M. and Christine I=. at the time they
visited Mr. ISpstein's home. Also, there is substantial evidence. found in the sworn statements of
the women themselves, which indicate that, to the extent others were in fact under the nee of
eighteen, many affirmatively lied about her age. mAs IM herself told the PKPD:
- Ilaley IRobson] told the to say I Was I S because said .. . if you're not then he [Epsteinl
won't wally let you in his house. So I said I was IX". Detective Recerey. however. largely
ignored these critical admissions in his Police Report and Probable Cause Allidavit.
Q: At any time, did he speak to you and does he know how old you arc? Did 1w know
how old you were?
A: .. .As a mater of thet. In told me to say I was IX because said
tell him you're 18 because if you're nut, then he won't really let you in his house. So
I said I was IS. As I was giving him a massage. he's like, how old arc you? And
then I was like IR. But 1 kind of said it really fast because l didn't want to nuke it
sound like I was lying or anything. (Swum Statement of 3/18/(15).
• Jennifer
Q: Did he usk you your age?
A: Yeah, I told him I was IS. (Sworn Statement of 10/05/05).
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•
Q: Did he know your age?
A: I don't think -- I think he did. Downstairs was like oh. well if they ask
you how old are you just say you're IR but he never asked me how old I wax. I
thought you had to be 18 to give a massage (inaudible). (Sworn Statement of
12/13/05)
• SIVINdy VCISISCO:
A: We were supposed to say we were 18.
Q: Who told you that, to say that?
A: . (Sworn Statement of 11/8/05).
Italey
A: I told him I was 18. (Sworn Statement of 10/3/05).
• Robson concerning Serina Figueroa:
Well with Serina [Figueroa, I don't know how old she is because she lied about her
age. She lied to me when I first met her. When I was IA she told me she was IS.
(Inaudible.) Well she told her purse at my house and she told me to make sure that I
didn't look in her purse. When I went thmugh her purse I found her state license that
said she was 16 so she lied to me about her age. (Sworn Statement of ICl/03/05/i
Q: Now. how old were you when you lint started going there?
A: Eighteen. I'm 19 now this last March." (Sworn Statement of 10/12/05).
Q: And all this occurred when you were 18 though?
In addition to giving a sworn staletneol ai the PRPD station. conversations with Deleviive Recurvy
trwmportrd to and from die minion were also recorded. lids excerpt is taken fromtlw recording of
(raveling from the siathm.
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A: I ih-huh. 1 had been IS for like S months. nine months already. My birthday is in
June so I had been 18 tbr a while. (Sworn Statement of 2/3/OS).
• Angela Thomas:
0: Okay. How old are you now? You're -
A: I'm 20
Q: You're 20. So a couple months ago you would have been what. I')'?
A: t Ih-huh.
Q: Alright. So July. August you would have been 19. 20. On the verge of 20?
A: Uh-huh. (Sworn Statement of 1 I/4/05)
We believe that other witnesses have similarly told the HD that Mr. Epstein attempted to
monitor the ages of the masseuses who cunt to his home. We thriller believe than these
transcripts would show that the federal interest in prosecuting Mr. Epstein fur paradigmatic stale
offenses was far less compelling than the inaccurate police reports suggest.
D. Detective Recarev Made Crucial Misstatements in the Police Report and
Probable Cause Affidavits.
We have reviewed the sworn and recorded witness statements of many of the individuals
who were interviewed (conducted in person or by telephone) as well as a number of the
controlled calls cited in the Police Report. 'lime Idler time, we found statements in the Police
Report attributed to statements made in the sworn recordings that either simply were not said. or
in some instances, are flatly contradicted. by the witness who purportedly made the statement. Tn
fact. they often stand in stark contrast to representations made by Detective Reearey in both the
official Police Report and in affidavits signed by him under oath . We highlight the most
significant ones identified to date:
• LTA DidNol Report that Epstein 'fold Her to Lie About her Age
The Probable Cause Affidavit indicates that during her sworn stall "Dail advised
that during her frequent visits Epstein asked fur her real age. stated she was
sixteen [and that Epstein advised her not to tell anyone her real age.- Arrest
Probable Cause Affidavit al I I. That statement appears nowhere in hall's sworn
statement.
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• Hall Did Nat State that Epstein Phutographed Her I laving Sex
Detective Recarey also reports Hall as claiming that "Epstein would photograph
Marcinkova and her naked and having sex and proudly tf the photographs
within the home." Id. at 12. Again, this statement is not in swam statement.
To the contrary, the transcript reflects that hall stated: "I was just like. it was me
standing in front of a big white marble bathtub ... in the guest bathroom in his master
suite. And It wasn't like was you know spreading my legs or anything for the
camera, I was like. I was standing up. I think I Wits standing up and I just like. it was
me kind of looking over my shoulder kinds smiling. and that was that." Sworn
Statement of 10/11/05 at 35. 2
• Pentek Said Epstein Did Nat Touch I ler Inappropriately
Detective Recarey recounts that rayth Penick advised that "Epstein grabbed her
bullocks and pulled her close to him." Probable Cause Affidavit at 6. See also. Police
Report (10/07/05) at 30 (same). Pentek never made this slulethent, to rael. when
Detective Recarey asked. "He did not touch you inappropriately!" Penick responded.
"No." Sworn Statement of 10/04/05 at I I.
• MOB Esposito Was Nut Sixteen When 8110 First When to Epstein's Home.
Detective Reality states: also stated she was sixteen years old when she
first went to Epstein's house". Incident Report al 52. However.
affirmatively states that she was seventeen when she first went to Epstein's home:
"Q: Okay. How old were you when you first went there? A: Seventeen. Q:
Seventeen. A: And I was 17 the last time I went them too. 1 turned 18 this past
June". Sworn Statement of 11/14/05.
• Shasdy Velaseo Told Detective Keeney that Epstein DidNut Take out Sex Toys.
The Pmbable Cause Affidavit indicates that Shandy Velasco stated, "Epstein would
use a massager/vibrator, which she described as white in color and a large head.
Epstein would nib the vibrator/massager on her vaginal area as he would masturbate."
Probable Cause Affidavit at 14: see also Police Report (1I/10/05) at 49 ("Epstein
would use a massager/vibrator, which she described as white in color with a large
head, on herr). This statement appears nowhere in the transcript of Velascols sworn
.m.•••••
2 I Intl was interviewed by Detective Itecarey twice, once by telephone, and once in Nrson. The portions of the
Police Roan at which we refer speci0cally cite the inperson interview of l kill as the source for the
inronnation reported. We have reviewed the recording of that interview and base doe comparison on that
review. We have never heard a recording (tribe telephone interview.
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statement. In Nei when Detective Recarey asked whether Mr. Epstein had "ever
take(n1 out any toys," Vclascn responded. "No." Sworn Statement of 11/08/05 ut I7.
• Did Not Recall Mr. Epstein Masturbating
Detective Recarey recounts that "advised she was sure (Mr. Epstein]
was masturbating based on his hand movements going up and down on his penis
area." Probable Cause Affidavit at B. See also Police Report (10/07/05) at 35 (same).
Detective Recarey's account is in direct contradiction to Laduke's true
statement, speci tient ly:
Q: Okay did he ever take off — did he ever touch himself?
A: don't think so.
Q: No. Did he ever masturbate himself in front of you?
A: I don't remember him doing that. Ile might have hut I really don't
remember. (Sworn Statement of I (/05/05 at 7).
• Juan Alessi Staled that OthiOne Girl Looked Young
Police Report at 57: "Alessi slated that towards the end of his employment. the
masseuses were younger and younger". However, he said no such thing:
Q: Did they seem young to you?
A. No. sir. Mostly no. We saw one or two young ones in the last year. Before that.
it was all adults . I remcmhcr one girl was young. We never asked how old she
was. It was not in my job . . . But I imagine she was 16, IT'. (Sworn Statement of
11/21/05)
C. Detective Recarey Made Material Omissions in the Police Report.
In addition to the misstatements in the Police Report and Probable Cause Affidavit as to
the evidentiary record, there were also material omissions. both of facts known to the PBPD and
also of filets not known to the PBPD, though known by the State Attorney. In the latter instance.
the lack of knowledge was the result or the PLIPD's relbsal to receive the exculpatory evidence.
in fuel. they refused to attend a meeting called by the State Attorney specifically to provide the
relevant evidence. Thus, the Police Report and Probable Cause Affidavit only affix a skewed
view of the facts material to this matter. Examples follow.
1. The Video Surveillance Equipment Located in Mr. Epstein's Office and Garage.
Both the Police Report (at 43) and the Probable Cause Affidavit (at I make
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particular mention of the "discovery" of video surveillance equipment (or "covert
cameras" as they are called) in Epstein's garage and library/office. Inclusion of this
inthrination insinuates a link between the equipment and the events al issue: in the
Probable Cause Affidavit Detective Recarcy states, "on the first floor of the !Epstein'
residence I [Detective Reetueyl found two covert cameras hidden within clocks. Onc
was located in the garage and the other located in the library area on a shellbehind
Epstein's desk . ' • computer's hard drive was reviewed which showed several
images of I laley and other witnesses that have been interviewed. All of these
images appeared to come from the camera positioned behind Epstein's desk". See
Probable Cause Affidavit at IR.
Clearly omitted from both the Police Report and the Probable Cause Affidavit is the
fact that the PIM and specifically Detective Rocarey. knew about the cameras since
they were installed in 2003. with the help of the PAPA, to address the theft of cash
from Epstein's home. This fact is detailed in a Palm Reach Police Report prepared in
October 2003 detailing the thefts, the installation of video equipment, the video
recording capturing Juan Alessi (Mr. Epstein's then house manager) "red handed-.
and the incriminating statements made by Alessi when he was confronted at the lime.
See Alessi Police Report at 5. 8. The contemporaneous police report confirms the
fact that the video footage was turned over to Detective Rectircy himself.
2. Polygraph examination atuasprt. On May 2. 2006. Mr. Epstein submitted to a
polygraph examination by M Slattery. a highly respected polygraph examiner
who is regularly used by the State Attorney. The examination was done at a time
when we were told that the sole focus of the investigation was the conduct with
Gonralez.
Mr. Epstein was asked (a) whether he had "se tad contact with n: (11)
i • ••• anyway threatenledl : (c) whether Inc was told by
"that she was IR years old"; an ( ) whether he "believed
i was IR years old". As set lbrth in the Report of the examination, the term
"sexual contact" was given an extremely broad meaning in order to capture any
inappropriate conduct that could have occurred:I The results of the examination
confirmed thati.to such conduct occurred: (ii) Mr. Epstein never threatened
: (iii) told Mr. Epstein she was IR years old: and (iv) Mr. Epstein
believed Gonzalez was IR years old.
4 the eetelehle included: - sexual intereolusc. oral sex acts (penis in muds ur Ohne!' on vagina). linger penetration
ore he vagina. linger penetration of the anus. touching or its: vagina for sexual gratification purposes, touching
orate penis for sexual gratiliCalion purposes. masturbation by or to another. touching or nthhing, of the breasts.
or any other physical contact involving sexual thoughts multur desires with another person-.
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3. Broken "Sex Top" in Mr. Epstein's Trash. The Police Report details the police
finding in Mr. Epstein's trash what is described as broken pieces of a "sex toy" and
that this "discovery" purportedly corroborated witness statements. Omitted from both
the Police Report and the Probable Cause Affidavit is the find that during the course
Of executing the search warrant in Epstein's home, the police discovered the other
piece of that key "sex toy" and realized it was in litct only the broken handle of a
salad server. Though "sex toys" play a prominent role in the Police Report and
Probable Cause Affidavit. the Police Report was never amended to rellect the
discovery of this new and highly relevant evidence.
4. Failure to Consider Evcidpatory or Impeaching Evidence. Other exculpatory and
impeaching evidence known by the PBPD was omitted from the Police Report and
Probable Cause Affidavit hy. in our view, manipulating the date the investigation was
allegedly closed. According to the Police Report (at 85). Detective Recurey
"explained Ito MA Relnhlavek) that the PBPD had concluded its CUM in December
of 2005". That assertion, which is false. conveniently resulted in the omission °fall
information adduced subsequent to that date. Thus, though the Police Report in fact
contains information obtained Mier December 2005. the POP!) purported to justify its
refusal to consider, or even to include, in the Police Report, the Probable Cause
Affidavit or what it released to the public, all the exculpatory and evidence
impeaching the witnesses submitted on behalf of Mr. Epstein. most of which was
provided Idler December 2005. That evidence is listed below.
5. Unreported Criminal Histories and Mental /tenth Problems of the Witnesses
Itidied on in the Police Report and Probable Cause Affidavit. Evidence obtained
concerning the wimesses relied upon to support the Probable Cause Affidavit casts
significant doubt on whether these witnesses are sufficiently credible to support a
finding at' probable cause, let alone to sustain what would he the prosecution's burden
of proof at a trial.4 Though such evidence was submitted to the MD. none of it was
included in the Police Report or the Probable Cause Affidavit.
• Juan Alessi: While the Police Report (at 57) and the Probable Cause Affidavit (at
21) contain assertions by Alessi, which allegedly support bringing a criminal charge.
the evidence revealing Alessi's evident mental instability; prior criminal conduct
against Epstein: and bias towards Epstein is notably omitted. As detailed above, in
2003, Alessi was filmed taking money from Epstein's home. After being caught on
videotape unlawfully entering Epstein's home and stealing cash from a briefcase,
While we have never intended to and do not here seek lu gratuitously cue aspersions on any or the whin:saw. in
previously asking the Stale and now asking you to evaluate the strength of this case. we have been constrained
to point out the fact that the alleged victims chose to present themselves to the world through MySpace profiles
with self selected monikers such us "Pimp Juice" and " Flicking or with nude photos.
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Alessi admitted to the PON) that he entered the house unlawlially on numerous
occasions, stealing cash and attempting to steal lipstein's licensed handgun to commit
suicide. Although this information was known by Detective Recurey at the time the
Police Report and Probable Cause Affidavit were prepared. and is clearly material to
any determination of credibility. it was omitted.
was the source or the vast majority or the serious
allegations made a mast Epst-. While the Police Report and Probable Cause
Affidavit rely on numerous assertions, there are two significant pmblems with
that reliance. First there is no mention or certain critical admissions made by Hall
during her interview, as well as on her MySpace wehpage (discovered by defense
investigators and turned over to the State Attorney). Second. all but omitted limn the
Police Report is any reference to the facts known about her by the PBPD. specifically,
that at the lime I tall was making these assertions die had been arrested hp the PAPA
and was heing prosecutedfor possession of maryuana and drug paraphernalia. We
take each in mm.
• Admits Voluntary Sexual Coughed With Epstein.
Refuses to ise ose the &position of the Monies She Earned, and
Lies About Being "Given" a Car by Emidi): Detective Recarcy
failed to include in the Police Report admission that on one
occasion she engaged in sexual conduct wit Epstein's girlfriend us
her hirthda "gilt" to Epstein. Nor does Detective Recurey include the
fact that flatly refused to discuss with him the disposition of the
thousands o dollars she said she was given by Epstein. or that she
falsely claimed that she did not use drugs. despite her My-Space entries
in which she exclaims "I can't wait to buy some weedmunn.
Detective Recarey was aware the car had been rented. not purchased.
and only it was only leased on a monthly basis for two months. While
familial claim that she was given a car appears in the Police
Report, it is never corrected.
• Was Arrestedfor Possession qfMarijuana and Drug
trap reran :a. As noted. on September I I. 2005, I tall was arrested
for possession of marijuana and drug paraphernalia. In response to
this arrest "came forward' (as the Probable Cause Affidavit
implies at claiming she had knowledge of "sexual activity
taking place" nt Epstein's residence and misconduct by Epstein. (this
"coming forward- as no where in the Police Report) Thus, it
becomes clear that assertions of misconduct by Epstein were
motivated by a desire to avoid the repercussions or her own criminal
conduct. which should have been taken into account when assessing
her credibility as a witness.
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• ■Steals From a Secret Store. An
investigation by private investigators wor •e ! • lefense revealed
that in lute 2005 ((all was employed at a Secret store in
Florida. Three days after her liana case was terminated. I rail was
caught by a store manager as attempted to leave the store with
merchandise in her purse, the security tag still attached. Seeing the
manager, Hall claimed "someone is (tying to set me up". Following an
internal investigation. which disclosed additional thells from both the
store and a customer, she was fired. In a recorded interview. I loll
admitted to stealing and asserted that her reason for doing so was that
"she was not getting paid enough". This information and supporting
documentation was presented to the PBPD. but was never included in
the Police Report or Probable Cause Affidavit.
• flail Lies on MySpace About Secret tore
Term:nation. Also uncovered • '• ise investigators is
dissembling version of the Secret debacle on cr
"MySpace" webpage. Them Hall gmouneed that she ". . tbrgot to
let everyone know quit my job at M. They said they suspected me
of 'causing losses to their company' which by the way is bullshit. I
was 'by the book' on EVERY]] IING!!! . . . I got so fed up in that
office that I handed the toss Prevention lady back my keys and
walked out". This intommtion and supporting documentation was
provided by the defense to the PBPD, but was not included in the
Police Report or Probable Cause Affidavit.
• Lies on I Secret Jab Application.
Additional in tuition on MySpace webpage casts further
doubt on her credibility. For mpl she to having engaged in
a fraudulent scheme to get hired by Secret, explaining. "Oh,
it wa so funny I used [my boyfriend' as one of my relCrenees for
my Secret job and the lady called me back and told me thin
William Tucker gave me such an outstanding reference that she did
not need to call anyone else hack.. . . he got me the job! Just like that .
.. I lied and said he was the old stock manager at flolister she bought
it. . ." 'Ibis infiumation and supporting documentation was provided
by the defense to the PRPD, but was not included in the Police Report
or Probable Cause Affidavit.
• Alexandra ■ltoastc About Her Marijuana Use. Also on her
MySpace webpage can be found I lall's admissions of purciwi g and
using marijuana and marijuana paraphernalia. Specifically, states
she "can't wait to buy some weed!!! . . . 1 can't wait!!! . .. (Hold on:
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let me say that again) I can't wait to buy some weed!!!. . . I also want
to get a vaporizer so I can smoke in my room because apparently there
are 'mires' everywhere", also posted a photograph of a marijuana
cigarette and labeled it gl viat heaven looks like to me". This
information and supporting documentation was provided by the
defense to the MOD, was not included in the Police Report or
Probable Cause Affidavit (although there is both a fleeting reference in ..7
the Police Report to ))all's use of marijuana with her boyfriend (at 47)
and in the Probable Cause Affidavit to I lull's marijuana arrest (at 10-
1 I )).
• MI While the Police Re ri and Probable Cause Affidavit contain
numerous assertions intended to negate taped admission that she clear)
told lipstein she was IR, omitted from t lese moments is reference to
MySpace webpage. presented to the State Attorney's Office, where . in no comet: ion
to this case, she allirtnialvely represented to the world that she was 18. thereby
corroborating her lie to Epstein. Also omitted is any reference to her long history of
run-ins with law entbreement. Among those arc multiple runaway complaints by her
parents and her assignment to a special high school for drug abusers.
• Gonzakc's AlySpare Webpage Slates She Drinks, Uses Drugs, Gets
haa Trouble, Has Denten Someone Up, Shoplifts. Has Lost her
Virginity, Earns $250,000 and Higher, and Contains Naked and
Provocative Photographs. The first image seen on
MySpaee webpage, the photo chose to represent ler. Is I at
ola naked woman provocatively.mg on the beach. The illuminating
webpage also contains assertions that of all her body pans.
she - love(s1 her ass". sic no s to excess. uses drugs, "gets into
trouble", has beaten someone up. has shoplifted - lots", "already lost"
her virginity, and earns "S250,000 and higher". As with the other
impeaching information. this material. vital to determining credibility,
was provided by the defense to the PRPD but was never included in
the Police Report or Probable Cause Affidavit.
• GonzalersPS Record — Drags, Alcohol, R lug Away Front
Home. has a history of running away/turning up missing
from her pamnts various homes; of using drugs and alcohol; and of
associating with individuals of questionable judgment. For example, a
Palm Beach County Sheriffs Office Report details how only two days
after she returned to Florida to live with her lather, on March 31, 2006.
police were called to the home in response to her father's report that
she and her twin sister were missing. 'Ile Police Report describes her
as "under the influence of a narcotic as 'she' could barely stand up.
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filed eyes wen: blood [heti pupils were diluted [sic'". It
flintier documents that and her sister had stayed out all night
returned home by a -• nig dealer. This event coincided with
having been found at an "inappropriate locution" by Georgia
police in response to a call about Gonzalez's disappearance. Although
this information. material to determining credibility. was provided by
the defense and known to the PBPD. it was never included in the
Police Report or Probable Cause Affidavit.
• Daniel While the Po rt nd Probable Cause
vit rely on statements of father. Daniel
. his federal hank fraud conviction. which defense
investigators discovered and turned over t t PBPD during the
course of the investigation, was omitted. . served 21 months
in federal prison for his offense.
• Erika : While the Police I 'rod m able Cause
Affidavit rely on statements
stepmother. omitted is Erika state conviction ler identity
fraud. This information. uncovered by defense investigators, was also
turned over to the PBPD during the course of the investigation.
O. In Licht Of The Compromised Nature Of The Evidence, A Fulsome Review
Should Re Conducted
These tainted and inaccurate reports compromised the federal investigation.' As you may
know, the PBPD took the unprecedented and highly unethical step of releasing these reports to
the media as well. These reports spread across the Internet, and were undoubtedly read by the
other individuals who were later interviewed by the FBI for giving Mr. Epstein massages. As we
have shown, these reports contain multiple fabrications, omissions. and outright misstatements of
rod. Moreover, the evidence and the allegations were undeniably misrepresented to the 1:14I.
with no inclusion or the evidence exposing the deficiencies or the "proof' and the exculpatory
evidence upon which the State relied. Furthermore, it should be noted that many of these same
individuals were also interviewed by the FBI after their state interviews but prior to Mr.
Epstein's counsel providing the government with the transcripts or the recorded interviews. The
Although we twee liven informed that the FBI identified and then interviewed additiontil potential witnesses, many
Of their diseoveries are believed to have emanated from message pads containing amino information that were
seinal from Mr Lipsiein's home pursuant ton state search wnrrani that was deeply and constitutionally flawed by
Keen ey's misontements and omissions as