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I lonorable R. Alexander Acosta
United States Attorney
United States Attorney's Office
Southern District of Florida
99 NE 4111Stnan
Miami, FL 33132
Rc Jeffrey Epstein
Dear Alex:
As we discussed during our telephone conversations on both Friday and Monday
(yesterday), we are submitting Iwo separate letters that address our broad areas of deep concern
in this matter: First. the cluster of fundamental policy issues surrounding the use and
implementation of 2255. a richly policy-laden 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 Thai our doing w in
no manner constitutes a breach of the Non-Persecution 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 ease is not only extraordinary and unprecedented. ii is deeply
and uniquely troubling. the constellation of issues. large and small, renders Jeffreys mutter
entirely sal genesis. We say this not lightly. Indeed, as you will glean from our two letters. we
are gravely concerned that, 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 hest.
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 nut being served. Hy way of illustration. hut ii is only one among a cascading list of
grave concerns. we now understand that the Assistant United States Arta •conduct has
troubled us from day one has quite recently reached out to the attorney and
fur
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provided oral notification of the victim notification letter. This notification, as we have slated
time and again. is profoundly unthir. Rut guile apari 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
of our ongoing discussions with respect to that process. That appears not to be so. This latest in
a baleful line of prosecutorial actions is drip in with irony. We respectfully cull your attention
to the transcript or she interview with and guide you -- as the duly confirmed
Executive Branch official charged wit a making judgments consistent with our constitutional
order -- to the telling fact that did not in any manner view herself as u 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.
RespectIlilly Submitted.
Kenneth W. Star•
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December I I. 2007
VIA FACSIMILE (303) SM1-4444
Honorable R. Alexander Acosta
united States Attorney
United Slates Attorney's ()filet
Southern District of Florida
99 NE itlh Street
Miami. Fla 33132
Re • Jetty Pinkie;
Dear Alex:
I appreciate the opportunity you have provided to review some of the issues and concerns
of Mr. Epstein's defense team. Importantly. I appreciate your agreement that this submission
would neither be understood by you as constituting a breach or the Non-Prosecution Agreement
(- Agreement- ) nor result in any unwinding of the Agreement by your Mice. Implicit in this
agreement is the understanding that I can share with you our concerns and request a review on
the basis fur these concerns. while at the same time assure my client that this submission will not
in any respect result in Ibrmal or informal repercussions or attempts by any member or the
prosecution or investigative team to involve themselves to 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.
1. F1CDF.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 of the Palm Reach Police Department (the "PRPD") and
other state law enforcement officers. 'these interviews (the -*witness statements") were ollen
tape-recorded thus providing a verbatim and detailed record of the recollections of the witnesses
at a point in timeprior to any federal involvement. ttnibrtunately. the police report authored by
Detective 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 information that was recorded verbatim during the taped interview
sessions. The federal investigation involved interview. with many of the same witnesses. We
are aware that at least one federal interview) was recorded.
We understand that Weenie provided his police report and certain a0idavits to
the federal authorities hut did not provide the actual witness statements of the taped interviews to
your Office or to the FRI. These witness statements constitute the hest evidence available (they
arc verbatim and earlier in time to the federal interviews), and they contain statements that are
highly exculpatory to Mr. Epstein. 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 Ilid Not Tame
Masseuses Under IS.
Indeed, the witness slaleincots demonstrate that Mc opposite is
rw hat the many of ‘•• • •
VC%
and
visit‘ r. Epstein's home. Also, there is su canna cvr case, found in the sworn statements of
the women themselves, which indicate that, to the extent others were in fact under the age of
ei hteen, man affirmatively lied about her age. As herself told the PRPD:
told me to say I was IS because sat . . . t you're not then he [Epstein'
won't really let you in his house. So I said I was Ig". Detective !M. however. largely
ignored these critical admissions in his Police Report and Probable Cause Affidavit.
Q: At any time. did he speak to you and does he know how old you are? Did he know
how old you were?
A: . . .As a mater of feet. told me to say I was IS because said
tell him you're IS because ilyou'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 IS. But 1 kind of said it really fast because I didn't want to make it
sound like I was lying or anything. (Sworn Statement of 3/15/05).
•
t): Did he ask you your age?
A: Yeah. I told him I was I S. (Sworn Statement of I0/05/05).
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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 arc you just say you're I R hut he never asked me how old I wax. 1
thought you had to be IX to give a massage (inaudible). (Sworn Statement of
12/13/05)
•
A: We were supposed m say we were IR.
0: Who told you that, to nty that?
A: (Sworn Statement of I I /X./05).
• S
A: I told him 1 was IS. (Sworn Statement of I0/3/05).
• concerning
Well with I 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 IS she told me she was IS.
(Inaudible.) Well she tell her purse at my house and she told me to make sure that I
didn't look in her purse. When I went through her purse I found her state license that
said she was 16 so she lied to me about her age. (Sworn Statement of 10/03/051.'
•
Q: Now. how old were you when you lint started going there?
A: Eighteen. I'm 19 now this last Mareh.n (Sworn Statement of 10/12/05).
•
Q: And all this occurred when you were IS though?
In addition to giving a soorn statement at the PAP() St: tion. 5 conversations with Detective
while being transported to mid from the station were also recorded. This excerpt i. taken from the recording of
raveling from the slat tint.
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A: I Ih-huh. I had been 18 for like 8 months. nine months already. My birthday is in
June su I had been 18 for a while. (Sworn Statement of 2/3/05).
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. 19?
A: Ith-huh.
0: Alright. So July, August you would have licen 19, 20. On the verge of 20?
A: Ulithuh. (Sworn Statement of 11/4/05)
We believe that other witnesses have similarly told the FBI that Mr. Epstein attempted to
monitor the ages of the masseuses who came to his home. We further believe that these
transcripts would show that the federal interest in prosecuting Mr. Epstein fur paradigmatic state
°Mimes was far less compelling than the inaccurate pollee reports suggest.
B. pcteetive I= 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 Mier time, we found statements in the Police
Report attributed to statements made in the sworn recordings that either simply were nut said. or
in sonic instances. are flatly contradicted, by the witness who purportedly mu • • tement. In
fact, they often stand in stark contrast to representations made by Detective in both the
official Police Report and in affidavits signed by him under oath . We highlight the most
significant ones identified to date:
• aDiel Not Report that Epstein Told Her to Lie About her Age
the Probable Cause Affidavit indicates that during her sworn statement "-advised
that during her frequent visits Epstein asked for her real age. IM stated she was
sixteen land that' Epstein advised her not in tell anyone her real age." Arrest
Probable Cause Affidavit at I I. That statement appears nowhere in Ms sworn
statement.
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Did Not State that Epstein Photographed Her Having Sex
Detective also reports as claiming that iipstein would photograph
and her naked and having sex and proudly dis the photographs
within the home." Id at 12. Again, this statement is not in ='s swam statement.
To the contrary, the transcript reflects that 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 I was you know spreading my legs or anything for the
camera, I was like. I was standing up. I think I WILS 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
Said Epstein Did Not Touch Her Inappropriately
Detective recounts that advised that "Epstein grabbed her
buttocks and pulled her close to him." Probah e 'new Affidavit at 6. See also, Police
Report (10/07/05 at 30 (some). never made this statinnem. In fact, when
Detective sked. "He did not touch you inappropriately?" responded.
"No." Swum Statement of 10/04/05 at I I.
• if Nut Sixteen When She First When to Epstein's llome.
Detective states: ' also stated she was sixteen years old when she
first went to Epstein's house . ncident Report at 52. However.
affimustively 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 there ton. I turned I$ this past
June". Sworn Statement of I I/14/05.
• Told Detective Rccarcy that Epstein Did Nu/Takeout Sex Tays.
I he Probable Cause Affidavit indicates ilia staled, "Epstein would
use a antasager/vibrator, which she described as white in color and a large head.
Epstein would rub the vibrator/massager on her vaginal area as he would masturbate."
Pmbable Cause Affidavit at 14: sot a/sa Police Report f I/10/05) at 49 ("Epstein
would use a massager/vibrator, which she described as white in color with a large
head, on her."). This statement appears nowhere in the transcript of 's swum
■ was interviewed by Detectiva twice, once by telephone, and once in The portions of the
Police Report to which we refer specilicalb cite tiw imNrson interview of ads the source for the
information reported. We have reviewed the retooling of that interview and hese the comparison on that
review, We have never heard n recording or die telephone interview,
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statement. In fact. when Dctectiv' asked whether Mr. Epstein had - ever
take[n] out any toys," responded. - No." Sworn Statement of 11/08/05 at 17.
• Did Not Recall Mr. Epstein Masturbating
Detective -counts that -advised she was cure [Mr. Epstein]
was mastur aunt based on his hand movements going up and down on his penis
area." Probable Cause Affidavit at 8. See oho Police Report (10/07/05 al 33 sante).
Detectives account is in direct contradiction to true
statement. specifically:
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 fmnt of you?
A: I don't remember him doing that. Ile might have hut I really don't
remember. (Sworn Statement of 1(/05/05 at 7).
• Stated that Only One Girl Looked Young
Police Report at 57: stoical that towards the end of his employment. the
masseuses were younger an 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. Hefore that.
it was all adults . . . I remember 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
I1/21/05)
C. Defective 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 facts nut known to the MOD, though known by the State Attorney. In the latter instance.
the lack of knowledge was the result of the PBPD's refusal to receive the exculpatory evidence.
In last. they refused to attend a meeting called by the State Attorney specifically to provide the
relevant evidence. 1 has, the Police RCM* and Probable Cause Affidavit only oiler a skewed
view of tlx: facts material to this matter. Examples follow.
I. The Video Surveillance Equipment Located in Mr. Epstein!r Office and Garage.
Ruth the Police Report (at 43) and the Probable Cause Affidavit (at 18) 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
information insinuates a link bow • • • • airman and the events at issue: in the
Probable Cause Affidavit Detective states, "on the first floor of the 'Epstein'
residence I [Detective found two covert cameras hidden within clocks. One
was kwatal in the garage and the other located in the library area on a shell behind
Epstein's •• • • computer's hard drive was reviewed which showed several
images of and other witnesses that have been interviewed. All of these
images appeared to come from the camera positional 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 MK). and specifically Detective Rccarey. knew about the cameras since
they way installed in 2003. with the help al the PAPA to address the theft of cash
from E.pstein's home. This fact is detailed in a PaInt Beach Police Report prepared in
October 2003 dual • Is, the installation of video equipment. the video
recording capturing (Mr. Epstein's then house manager) "red handed".
and he incriminating statements made by when he was confronted at the time.
See Police Report at 5. R. The annemporanani, report confirms the
tat that the video footage was turned over to IX:waive himself.
2. Polygraph £raatiaatian and Report. On May 2. 2006. Mr. Epstein submitted to a
polygraph examination by George Slattery. a highly respected polygraph examiner
who is regularly used by thc State Attorney. The examination was done ai".
-• , were told that the sole locus of the investigation was the conduct witl
Mr. Epstein was asked (a) whether ct with (h)
whether he "in anyway threatenledi (c) whet t • was to d by
"that she was IR years old"; an ( ) whether he "believed
. was IR years old". As set forth 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.} 11w results of the examination
uch conduct occurred: (ii) Mr. Epstein never threatened
told Mr. Epstein she was IS years old: and (iv) Mr. Epstein
felievc was I R years old.
I lw definition inclothal: "sexual intercourse. oral WA acts (penis in mouth ur mouth on vagina). linger ri.monoion
of the vaging linger penetration or the anus. muching or th4: vagina for sexual grailtiention purposes, touching
of the penis for scsual t ratiticatiott purpnws. masturbation by or to another. tosichine or rubhins or thy breams.
or any other physical contact involving sexual thoughts native desires with another person".
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3. Broken **Sex Taw" 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 tor and
that this "discovery" purportedly corroborated witness statements. Omitted from both
the Police Report and the Probable Cause Affidavit is the fact that during the course
of' executing the search warrant in Epstein's home, the police discovered the other
piece of that key "sex tor and realized it was in !het 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 reflect the
discovery of this new and highly relevant evidence.
4. Failure to Consider Erculpatory or Impeaching Evidence. Other exculpatory and
impeaching evidence known by the PBPD was omitted from the Police Report and
Probable Cause Affidavit by. in our view, manipulating the date the investigation was
allegedly closed. According W the Police Report (at 85). Detective
"explained Ito ASA that the PBPD had concluded its ease in December
of 2005". That assertion, which is false. conveniently resulted in the omission of all
information adduced subsequent to that date. Thus. though the Police Report in fact
contains information obtained after December 2005. the PBPD 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 alter December 2005. That evidence is listed below.
5. Unreported Criminal Histories and Mental Health Problems of the Witnesses
Relied an In the Police Report and Probable Cause Affidavit Evidence obtained
concerning the witnesses relied upon to support the Probable Cause Affidavit casts
significant doubt on whether these witnesses ore sufficiently credible to support a
finding of probable cause, let alone to sustain what would he the prosecution's burden
of proof at a trial' Though such evidence was submitted to the PLIPD. none of it was
included in the Police Report or the Probable Cause Affidavit.
• While the Police Report (at 57) and the Probable Cause Affidavit (at
21) contain assertions by which allegedly support bringing a criminal charge.
the evidence revealing evident mental instability: prior criminal conduct
against Epstein: and bias tc. ,t.lt s Epstein is notably omitted. As detailed above. in
2003nas filmed taking money from Epstein's home. After being caught on
videotape unlawfully entering Epstein's home and stealing cash front a briefcase,
I Whik We have never intender.110 and do not here seek to east aspersions on any of the witnesses. in
previously asking the State and now asking you to evaluate the strength of this ease. we have been constrained
to point ow the fact that the alleged v. 'n a C se to present themselves to the world through MySpace profiles
with self-selected monikers such a. and ' or with nude piton-is.
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admitted to the PHPD that he entered the house unlawfiilly on numerous
occasions, stealing cash and attempting to steal Epstein's licensed handgun to commit
suicide. Although this information was known by Deteetiveat the time the
Police Report and Probable Cause Affidavit were prepared. and is clearly material to
an • determination of credibility, it was omitted.
was the source of the vast majority of the serious
a legations made against Epstein. While the Police Report and Probable Cause
Affidavit rely on numerous assertions. there arc two significant problems with
that reliance. First there is no mention of certain critical admissions made by=
during her interview. as well as on her MySpace wehpage (discovered by defense
investigators and turned over to the State Attorney). Setanid.M hut omitted fmn) the
Police Report is an • reference to the fads known about her by the MD. specifically,
that at the aim was making these assertions she had been arrested by the PAM
and was hats prosecutedjar "'accession of marijuana and drug paraphernalia We
lake each in tuna.
• Admits Voluntary Sexual Conduct With Epstein.
Refuses to Disclose the Disposition of the Monies Site Earn and
Lies About Being "Given' a Car by Epstein: Detective
failed to include in the Police Report —admission that on one
occasion she engaged in sexual conduct with Epstein'sgirlfriend us
her birthday "gill" to Epstein. Nor does Detective include the
fact that flatly refused to discuss with him the disposition of the
thousands of dollars she said she was given by Epstein. or that she
falsely claimed that she did not use drugs. despite her MySpace entries
in which she exclaims "I can't wait to buy some weedumn-
Deteetial was aware the car had been rented. not purchased.
and only it was only leased on a monthly basis for two months. While
fanciful claim that she was given a car appears in the Pollee
Report, it is never corrected.
• Vas Arrestedfor Possession ofMediana and Drug
arap terns to. As noted. on September I I. 2005.Mwas arrested
for possession of marijuana and drug paraphernalia. In response to
this arrest. I tall - came forward- (as the Probable Cause Affidavit
implies at I0- l), claiming she had knowledge of - sexual activity
taking place" at Epstein's residence and misconduct by Epstein. Obis
- coming forward" a ors 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 of her own criminal
conduct, which should have been taken into account when assessing
her credibility as a witness.
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• Steals Front a Victoria's Secret Store. An
investigation y private investigators working for the defense revealed
that in lute 2005 was employed at a Victoria's Secret store in
Florida. Three days afier her ;liana ease was terminated. IIMIwas
caught by a stop: manager as attempted to leave the store with
merchandise in her purse, the security tag Mill attached. Seeing the
manager.M:laimcd "someone is trying to set me up". Following an
internal investigation. which disclosed additional thefts from both the
store and a customer. she was fired. In a recorded interview.
admitted to stealing and asserted that her reason liw doing so was that
"she was not getting paid enough". "Ibis information and supporting
documentation was presented to the PBPL). but was never included in
the Police Report or Probable Cause Affidavit.
• Lies on *Space About Victoria's Secret Store
Ternanallon. Also uncovered by defense investigators is
dissembling version of the Victoria's Secret debacle on r
"MySpace" wchpage. There. announced that she ". . . forgot to
let everyone know I quit my job at V.S. They said they suspected me
of 'causing losses to their company' which by tlx: way is bullshit.
was 'hy the honk' on EVERYTHING!!! . . . I got so fed up in that
office that I handed the Loss Prevention lady back my keys and
walked out". This information and supporting documentation was
provided by the defense to the PUPD. but was not included in the
Police Report or Probable Cause Affidavit.
• Lies en her Victoria's Secret Job Applicatian.
Additional information on MySpace wehpage casts further
doubt on her credibility. For example. she boasts to having engaged in
a fraudulent scheme to get hired by Victoria's Secret. explaining. "Oh,
it was s' funny I used [my boyfriend' as one of my references for
• ' • • rd job and the lady called me back and told me that
gave me such an outstanding reference that she did
not need to call anyone else back.. . . he got me the job! Just like that .
.. I lied and said he was the old stock manager at Holister she bought
it. . ." This inthrmation and supporting documentation was provided
by the defense to the PRPD, hut was not included in the Police Report
or Probable Cause Affidavit.
Boasts About Her Marijuana Use. Also on her
y pace we page can he Mum admissions of purchasing and
using marijuana and marijuana Ixtraphentalia. Stales
she "can't wait to buy some weed!!! . . . I can't wait!!! . . . (I MId 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 'narcs' everywhere-.=also posted a photograph of a marijuana
cigarette and labeled it at heaven looks like to me". This
information and supporting documentation was provided by the
defense to the Pall), was not included in the Police Report or
Probable Cause Affidavit (although there is both a fleeting reference in
the Police Report to use of marijuana with her boyfriend lat 671
and in the Probable Cause Affidavit to marijuana arrest (at lo-
ll)).
• While the Police Report and Probable Cause Affidavit contain
numerous assertions intended to negate taped admission that she clear! •
told Epstein she was IR, omitted from these documents is reference to
MySpace webpage. presented to the State Attorney's Office. where . in no connection
to this case, she qffirtnatively represented to the world that she was IS, thereby
corroborating her lie to Epstein. Also omitted is any reference to her long history of
run-ins with law enforcement. Among those arc multiple runaway complaints by her
parents and her assignment to a special high school for drug abusers.
• 'I/Apace Webpage States She Drinks, Uses Drugs, Gets
into Trouble, Has Deafen Someone Up, Shoplifts. Has Lost her
Virginity, Earns 5250,000 and Higher, and Contains Naked and
Provocative Photographs. The first image seen on
MySpace webpage, the photo echo se to represent her. Is ih4t
of a naked woman provocatively king on the beach. The illuminating
webpage also contains -assertions that of all her body pans.
she "lovelsi her ass". she drinks to excess. uses drugs, "gets into
trouble, has beaten someone up. has shoplifted "lots", "already lost"
her virginity, and cams "$250,000 and higher". As with tlx: other
impeaching infbnnation. 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.
• Prior Recurs! — Drugs, Alcohol, Running Away From
Home. has a history of running away/turning up missing
from her parents various homes; of using drugs and alcohol; and of
associating with individuals of questionable judgment. For example, a
Palm Beach County Sheriff's Office Report details how only two days
after she returned to Florida to live with her father, 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. The Police Report describes her
as "under the influence of a narcotic us Ishel could barely stand up,
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u teri eyes were bloodshot. and 'her uails were diluted [Niel'. It
flintier documents that had stayed out all night
and were returned home by a - drug dealer. This event coincided with
having been found at an "ina ro riate location" by Georgia
police in response to a call taboo 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.
While the Police Re port and Probable Cause
va rely on statements of
his federal hank mu convic on. w is c mix
investigators discovered and influd over to the PBPD during the
course al' the investigation. was omitted. served 21 months
in federal prison for his offense.
• While the Police Report and Probable Cause
AI ie ova re y on statements
stepmother. omitted is sta a comae ion Ur 1identity
fraud. This information. uncovered by defense investigators, was also
turned over to the PBPD during the course of the investigation.
D. In Unlit Of The Compromised Nature Of The Evidence—A Fulsome Review
Should Re Conducts.
These tainted and inaccurate reports compromised the ledend inv.:Nagaiion.4 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
fact. Moreover. the evidence and the allegations were undeniably misrepresented to the MI.
with no inclusion of the evidence exposing the deficiencies of the "proor and the exculpatory
evidence upon which the State relied. Furthermore. it should he 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 of the recorded interviews. The
4 Although we have been informal that the FBI identified and then inicrsiessi:d addit. - I riflemenl witnesses, many
of their discoveries arc hclieved to have emanated from message pad% roniaininit contain in forma ion that were
scion! mini Mr hpuyin% home pursuant to a state search warrant thai was deeply and constillii tonally flawed by
Iniiisstateinents and omissions as well as other facial deliskinks
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KIRKLAND & ELLIS LLP
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December I I. 2IHY7
VIA 17At IMI1.17 30a 5;i0-6444
I lonorable R. Alexander Acosta
United States Attorney
United States Attorney's Office
Southern District of Florida
99 NE 4111Stnan
Miami, FL 33132
Rc Jeffrey Epstein
Dear Alex:
As we discussed during our telephone conversations on both Friday and Monday
(yesterday), we are submitting Iwo separate letters that address our broad areas of deep concern
in this matter: First. the cluster of fundamental policy issues surrounding the use and
implementation of 2255. a richly policy-laden 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 Thai our doing w in
no manner constitutes a breach of the Non-Persecution 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 ease is not only extraordinary and unprecedented. ii is deeply
and uniquely troubling. the constellation of issues. large and small, renders Jeffreys mutter
entirely sal genesis. We say this not lightly. Indeed, as you will glean from our two letters. we
are gravely concerned that, 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 hest.
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 nut being served. Hy way of illustration. hut ii is only one among a cascading list of
grave concerns. we now understand that the Assistant United States Arta •conduct has
troubled us from day one has quite recently reached out to the attorney and
fur
Chicago Hong Kong London Munich Now York Sun rtanctoco Washington. D.C.
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provided oral notification of the victim notification letter. This notification, as we have slated
time and again. is profoundly unthir. Rut guile apari 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
of our ongoing discussions with respect to that process. That appears not to be so. This latest in
a baleful line of prosecutorial actions is drip in with irony. We respectfully cull your attention
to the transcript or she interview with and guide you -- as the duly confirmed
Executive Branch official charged wit a making judgments consistent with our constitutional
order -- to the telling fact that did not in any manner view herself as u 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.
RespectIlilly Submitted.
Kenneth W. Star•
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December I I. 2007
VIA FACSIMILE (303) SM1-4444
Honorable R. Alexander Acosta
united States Attorney
United Slates Attorney's ()filet
Southern District of Florida
99 NE itlh Street
Miami. Fla 33132
Re • Jetty Pinkie;
Dear Alex:
I appreciate the opportunity you have provided to review some of the issues and concerns
of Mr. Epstein's defense team. Importantly. I appreciate your agreement that this submission
would neither be understood by you as constituting a breach or the Non-Prosecution Agreement
(- Agreement- ) nor result in any unwinding of the Agreement by your Mice. Implicit in this
agreement is the understanding that I can share with you our concerns and request a review on
the basis fur these concerns. while at the same time assure my client that this submission will not
in any respect result in Ibrmal or informal repercussions or attempts by any member or the
prosecution or investigative team to involve themselves to 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.
1. F1CDF.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 of the Palm Reach Police Department (the "PRPD") and
other state law enforcement officers. 'these interviews (the -*witness statements") were ollen
tape-recorded thus providing a verbatim and detailed record of the recollections of the witnesses
at a point in timeprior to any federal involvement. ttnibrtunately. the police report authored by
Detective and certain affidavits executed by him contained both material misstatements
Chicago Hong Kong I nnAnn LOU Artvelet Munch San Francesco Waggingion. D.C.
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regarding the specifics of what he was told by his witnesses and also contained omissions of
critical and often exculpatory information that was recorded verbatim during the taped interview
sessions. The federal investigation involved interview. with many of the same witnesses. We
are aware that at least one federal interview) was recorded.
We understand that Weenie provided his police report and certain a0idavits to
the federal authorities hut did not provide the actual witness statements of the taped interviews to
your Office or to the FRI. These witness statements constitute the hest evidence available (they
arc verbatim and earlier in time to the federal interviews), and they contain statements that are
highly exculpatory to Mr. Epstein. 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 Ilid Not Tame
Masseuses Under IS.
Indeed, the witness slaleincots demonstrate that Mc opposite is
rw hat the many of ‘•• • •
VC%
and
visit‘ r. Epstein's home. Also, there is su canna cvr case, found in the sworn statements of
the women themselves, which indicate that, to the extent others were in fact under the age of
ei hteen, man affirmatively lied about her age. As herself told the PRPD:
told me to say I was IS because sat . . . t you're not then he [Epstein'
won't really let you in his house. So I said I was Ig". Detective !M. however. largely
ignored these critical admissions in his Police Report and Probable Cause Affidavit.
Q: At any time. did he speak to you and does he know how old you are? Did he know
how old you were?
A: . . .As a mater of feet. told me to say I was IS because said
tell him you're IS because ilyou'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 IS. But 1 kind of said it really fast because I didn't want to make it
sound like I was lying or anything. (Sworn Statement of 3/15/05).
•
t): Did he ask you your age?
A: Yeah. I told him I was I S. (Sworn Statement of I0/05/05).
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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 arc you just say you're I R hut he never asked me how old I wax. 1
thought you had to be IX to give a massage (inaudible). (Sworn Statement of
12/13/05)
•
A: We were supposed m say we were IR.
0: Who told you that, to nty that?
A: (Sworn Statement of I I /X./05).
• S
A: I told him 1 was IS. (Sworn Statement of I0/3/05).
• concerning
Well with I 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 IS she told me she was IS.
(Inaudible.) Well she tell her purse at my house and she told me to make sure that I
didn't look in her purse. When I went through her purse I found her state license that
said she was 16 so she lied to me about her age. (Sworn Statement of 10/03/051.'
•
Q: Now. how old were you when you lint started going there?
A: Eighteen. I'm 19 now this last Mareh.n (Sworn Statement of 10/12/05).
•
Q: And all this occurred when you were IS though?
In addition to giving a soorn statement at the PAP() St: tion. 5 conversations with Detective
while being transported to mid from the station were also recorded. This excerpt i. taken from the recording of
raveling from the slat tint.
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A: I Ih-huh. I had been 18 for like 8 months. nine months already. My birthday is in
June su I had been 18 for a while. (Sworn Statement of 2/3/05).
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. 19?
A: Ith-huh.
0: Alright. So July, August you would have licen 19, 20. On the verge of 20?
A: Ulithuh. (Sworn Statement of 11/4/05)
We believe that other witnesses have similarly told the FBI that Mr. Epstein attempted to
monitor the ages of the masseuses who came to his home. We further believe that these
transcripts would show that the federal interest in prosecuting Mr. Epstein fur paradigmatic state
°Mimes was far less compelling than the inaccurate pollee reports suggest.
B. pcteetive I= 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 Mier time, we found statements in the Police
Report attributed to statements made in the sworn recordings that either simply were nut said. or
in sonic instances. are flatly contradicted, by the witness who purportedly mu • • tement. In
fact, they often stand in stark contrast to representations made by Detective in both the
official Police Report and in affidavits signed by him under oath . We highlight the most
significant ones identified to date:
• aDiel Not Report that Epstein Told Her to Lie About her Age
the Probable Cause Affidavit indicates that during her sworn statement "-advised
that during her frequent visits Epstein asked for her real age. IM stated she was
sixteen land that' Epstein advised her not in tell anyone her real age." Arrest
Probable Cause Affidavit at I I. That statement appears nowhere in Ms sworn
statement.
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Did Not State that Epstein Photographed Her Having Sex
Detective also reports as claiming that iipstein would photograph
and her naked and having sex and proudly dis the photographs
within the home." Id at 12. Again, this statement is not in ='s swam statement.
To the contrary, the transcript reflects that 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 I was you know spreading my legs or anything for the
camera, I was like. I was standing up. I think I WILS 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
Said Epstein Did Not Touch Her Inappropriately
Detective recounts that advised that "Epstein grabbed her
buttocks and pulled her close to him." Probah e 'new Affidavit at 6. See also, Police
Report (10/07/05 at 30 (some). never made this statinnem. In fact, when
Detective sked. "He did not touch you inappropriately?" responded.
"No." Swum Statement of 10/04/05 at I I.
• if Nut Sixteen When She First When to Epstein's llome.
Detective states: ' also stated she was sixteen years old when she
first went to Epstein's house . ncident Report at 52. However.
affimustively 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 there ton. I turned I$ this past
June". Sworn Statement of I I/14/05.
• Told Detective Rccarcy that Epstein Did Nu/Takeout Sex Tays.
I he Probable Cause Affidavit indicates ilia staled, "Epstein would
use a antasager/vibrator, which she described as white in color and a large head.
Epstein would rub the vibrator/massager on her vaginal area as he would masturbate."
Pmbable Cause Affidavit at 14: sot a/sa Police Report f I/10/05) at 49 ("Epstein
would use a massager/vibrator, which she described as white in color with a large
head, on her."). This statement appears nowhere in the transcript of 's swum
■ was interviewed by Detectiva twice, once by telephone, and once in The portions of the
Police Report to which we refer specilicalb cite tiw imNrson interview of ads the source for the
information reported. We have reviewed the retooling of that interview and hese the comparison on that
review, We have never heard n recording or die telephone interview,
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statement. In fact. when Dctectiv' asked whether Mr. Epstein had - ever
take[n] out any toys," responded. - No." Sworn Statement of 11/08/05 at 17.
• Did Not Recall Mr. Epstein Masturbating
Detective -counts that -advised she was cure [Mr. Epstein]
was mastur aunt based on his hand movements going up and down on his penis
area." Probable Cause Affidavit at 8. See oho Police Report (10/07/05 al 33 sante).
Detectives account is in direct contradiction to true
statement. specifically:
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 fmnt of you?
A: I don't remember him doing that. Ile might have hut I really don't
remember. (Sworn Statement of 1(/05/05 at 7).
• Stated that Only One Girl Looked Young
Police Report at 57: stoical that towards the end of his employment. the
masseuses were younger an 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. Hefore that.
it was all adults . . . I remember 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
I1/21/05)
C. Defective 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 facts nut known to the MOD, though known by the State Attorney. In the latter instance.
the lack of knowledge was the result of the PBPD's refusal to receive the exculpatory evidence.
In last. they refused to attend a meeting called by the State Attorney specifically to provide the
relevant evidence. 1 has, the Police RCM* and Probable Cause Affidavit only oiler a skewed
view of tlx: facts material to this matter. Examples follow.
I. The Video Surveillance Equipment Located in Mr. Epstein!r Office and Garage.
Ruth the Police Report (at 43) and the Probable Cause Affidavit (at 18) 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
information insinuates a link bow • • • • airman and the events at issue: in the
Probable Cause Affidavit Detective states, "on the first floor of the 'Epstein'
residence I [Detective found two covert cameras hidden within clocks. One
was kwatal in the garage and the other located in the library area on a shell behind
Epstein's •• • • computer's hard drive was reviewed which showed several
images of and other witnesses that have been interviewed. All of these
images appeared to come from the camera positional 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 MK). and specifically Detective Rccarey. knew about the cameras since
they way installed in 2003. with the help al the PAPA to address the theft of cash
from E.pstein's home. This fact is detailed in a PaInt Beach Police Report prepared in
October 2003 dual • Is, the installation of video equipment. the video
recording capturing (Mr. Epstein's then house manager) "red handed".
and he incriminating statements made by when he was confronted at the time.
See Police Report at 5. R. The annemporanani, report confirms the
tat that the video footage was turned over to IX:waive himself.
2. Polygraph £raatiaatian and Report. On May 2. 2006. Mr. Epstein submitted to a
polygraph examination by George Slattery. a highly respected polygraph examiner
who is regularly used by thc State Attorney. The examination was done ai".
-• , were told that the sole locus of the investigation was the conduct witl
Mr. Epstein was asked (a) whether ct with (h)
whether he "in anyway threatenledi (c) whet t • was to d by
"that she was IR years old"; an ( ) whether he "believed
. was IR years old". As set forth 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.} 11w results of the examination
uch conduct occurred: (ii) Mr. Epstein never threatened
told Mr. Epstein she was IS years old: and (iv) Mr. Epstein
felievc was I R years old.
I lw definition inclothal: "sexual intercourse. oral WA acts (penis in mouth ur mouth on vagina). linger ri.monoion
of the vaging linger penetration or the anus. muching or th4: vagina for sexual grailtiention purposes, touching
of the penis for scsual t ratiticatiott purpnws. masturbation by or to another. tosichine or rubhins or thy breams.
or any other physical contact involving sexual thoughts native desires with another person".
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3. Broken **Sex Taw" 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 tor and
that this "discovery" purportedly corroborated witness statements. Omitted from both
the Police Report and the Probable Cause Affidavit is the fact that during the course
of' executing the search warrant in Epstein's home, the police discovered the other
piece of that key "sex tor and realized it was in !het 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 reflect the
discovery of this new and highly relevant evidence.
4. Failure to Consider Erculpatory or Impeaching Evidence. Other exculpatory and
impeaching evidence known by the PBPD was omitted from the Police Report and
Probable Cause Affidavit by. in our view, manipulating the date the investigation was
allegedly closed. According W the Police Report (at 85). Detective
"explained Ito ASA that the PBPD had concluded its ease in December
of 2005". That assertion, which is false. conveniently resulted in the omission of all
information adduced subsequent to that date. Thus. though the Police Report in fact
contains information obtained after December 2005. the PBPD 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 alter December 2005. That evidence is listed below.
5. Unreported Criminal Histories and Mental Health Problems of the Witnesses
Relied an In the Police Report and Probable Cause Affidavit Evidence obtained
concerning the witnesses relied upon to support the Probable Cause Affidavit casts
significant doubt on whether these witnesses ore sufficiently credible to support a
finding of probable cause, let alone to sustain what would he the prosecution's burden
of proof at a trial' Though such evidence was submitted to the PLIPD. none of it was
included in the Police Report or the Probable Cause Affidavit.
• While the Police Report (at 57) and the Probable Cause Affidavit (at
21) contain assertions by which allegedly support bringing a criminal charge.
the evidence revealing evident mental instability: prior criminal conduct
against Epstein: and bias tc. ,t.lt s Epstein is notably omitted. As detailed above. in
2003nas filmed taking money from Epstein's home. After being caught on
videotape unlawfully entering Epstein's home and stealing cash front a briefcase,
I Whik We have never intender.110 and do not here seek to east aspersions on any of the witnesses. in
previously asking the State and now asking you to evaluate the strength of this ease. we have been constrained
to point ow the fact that the alleged v. 'n a C se to present themselves to the world through MySpace profiles
with self-selected monikers such a. and ' or with nude piton-is.
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admitted to the PHPD that he entered the house unlawfiilly on numerous
occasions, stealing cash and attempting to steal Epstein's licensed handgun to commit
suicide. Although this information was known by Deteetiveat the time the
Police Report and Probable Cause Affidavit were prepared. and is clearly material to
an • determination of credibility, it was omitted.
was the source of the vast majority of the serious
a legations made against Epstein. While the Police Report and Probable Cause
Affidavit rely on numerous assertions. there arc two significant problems with
that reliance. First there is no mention of certain critical admissions made by=
during her interview. as well as on her MySpace wehpage (discovered by defense
investigators and turned over to the State Attorney). Setanid.M hut omitted fmn) the
Police Report is an • reference to the fads known about her by the MD. specifically,
that at the aim was making these assertions she had been arrested by the PAM
and was hats prosecutedjar "'accession of marijuana and drug paraphernalia We
lake each in tuna.
• Admits Voluntary Sexual Conduct With Epstein.
Refuses to Disclose the Disposition of the Monies Site Earn and
Lies About Being "Given' a Car by Epstein: Detective
failed to include in the Police Report —admission that on one
occasion she engaged in sexual conduct with Epstein'sgirlfriend us
her birthday "gill" to Epstein. Nor does Detective include the
fact that flatly refused to discuss with him the disposition of the
thousands of dollars she said she was given by Epstein. or that she
falsely claimed that she did not use drugs. despite her MySpace entries
in which she exclaims "I can't wait to buy some weedumn-
Deteetial was aware the car had been rented. not purchased.
and only it was only leased on a monthly basis for two months. While
fanciful claim that she was given a car appears in the Pollee
Report, it is never corrected.
• Vas Arrestedfor Possession ofMediana and Drug
arap terns to. As noted. on September I I. 2005.Mwas arrested
for possession of marijuana and drug paraphernalia. In response to
this arrest. I tall - came forward- (as the Probable Cause Affidavit
implies at I0- l), claiming she had knowledge of - sexual activity
taking place" at Epstein's residence and misconduct by Epstein. Obis
- coming forward" a ors 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 of her own criminal
conduct, which should have been taken into account when assessing
her credibility as a witness.
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• Steals Front a Victoria's Secret Store. An
investigation y private investigators working for the defense revealed
that in lute 2005 was employed at a Victoria's Secret store in
Florida. Three days afier her ;liana ease was terminated. IIMIwas
caught by a stop: manager as attempted to leave the store with
merchandise in her purse, the security tag Mill attached. Seeing the
manager.M:laimcd "someone is trying to set me up". Following an
internal investigation. which disclosed additional thefts from both the
store and a customer. she was fired. In a recorded interview.
admitted to stealing and asserted that her reason liw doing so was that
"she was not getting paid enough". "Ibis information and supporting
documentation was presented to the PBPL). but was never included in
the Police Report or Probable Cause Affidavit.
• Lies on *Space About Victoria's Secret Store
Ternanallon. Also uncovered by defense investigators is
dissembling version of the Victoria's Secret debacle on r
"MySpace" wchpage. There. announced that she ". . . forgot to
let everyone know I quit my job at V.S. They said they suspected me
of 'causing losses to their company' which by tlx: way is bullshit.
was 'hy the honk' on EVERYTHING!!! . . . I got so fed up in that
office that I handed the Loss Prevention lady back my keys and
walked out". This information and supporting documentation was
provided by the defense to the PUPD. but was not included in the
Police Report or Probable Cause Affidavit.
• Lies en her Victoria's Secret Job Applicatian.
Additional information on MySpace wehpage casts further
doubt on her credibility. For example. she boasts to having engaged in
a fraudulent scheme to get hired by Victoria's Secret. explaining. "Oh,
it was s' funny I used [my boyfriend' as one of my references for
• ' • • rd job and the lady called me back and told me that
gave me such an outstanding reference that she did
not need to call anyone else back.. . . he got me the job! Just like that .
.. I lied and said he was the old stock manager at Holister she bought
it. . ." This inthrmation and supporting documentation was provided
by the defense to the PRPD, hut was not included in the Police Report
or Probable Cause Affidavit.
Boasts About Her Marijuana Use. Also on her
y pace we page can he Mum admissions of purchasing and
using marijuana and marijuana Ixtraphentalia. Stales
she "can't wait to buy some weed!!! . . . I can't wait!!! . . . (I MId 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 'narcs' everywhere-.=also posted a photograph of a marijuana
cigarette and labeled it at heaven looks like to me". This
information and supporting documentation was provided by the
defense to the Pall), was not included in the Police Report or
Probable Cause Affidavit (although there is both a fleeting reference in
the Police Report to use of marijuana with her boyfriend lat 671
and in the Probable Cause Affidavit to marijuana arrest (at lo-
ll)).
• While the Police Report and Probable Cause Affidavit contain
numerous assertions intended to negate taped admission that she clear! •
told Epstein she was IR, omitted from these documents is reference to
MySpace webpage. presented to the State Attorney's Office. where . in no connection
to this case, she qffirtnatively represented to the world that she was IS, thereby
corroborating her lie to Epstein. Also omitted is any reference to her long history of
run-ins with law enforcement. Among those arc multiple runaway complaints by her
parents and her assignment to a special high school for drug abusers.
• 'I/Apace Webpage States She Drinks, Uses Drugs, Gets
into Trouble, Has Deafen Someone Up, Shoplifts. Has Lost her
Virginity, Earns 5250,000 and Higher, and Contains Naked and
Provocative Photographs. The first image seen on
MySpace webpage, the photo echo se to represent her. Is ih4t
of a naked woman provocatively king on the beach. The illuminating
webpage also contains -assertions that of all her body pans.
she "lovelsi her ass". she drinks to excess. uses drugs, "gets into
trouble, has beaten someone up. has shoplifted "lots", "already lost"
her virginity, and cams "$250,000 and higher". As with tlx: other
impeaching infbnnation. 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.
• Prior Recurs! — Drugs, Alcohol, Running Away From
Home. has a history of running away/turning up missing
from her parents various homes; of using drugs and alcohol; and of
associating with individuals of questionable judgment. For example, a
Palm Beach County Sheriff's Office Report details how only two days
after she returned to Florida to live with her father, 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. The Police Report describes her
as "under the influence of a narcotic us Ishel could barely stand up,
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u teri eyes were bloodshot. and 'her uails were diluted [Niel'. It
flintier documents that had stayed out all night
and were returned home by a - drug dealer. This event coincided with
having been found at an "ina ro riate location" by Georgia
police in response to a call taboo 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.
While the Police Re port and Probable Cause
va rely on statements of
his federal hank mu convic on. w is c mix
investigators discovered and influd over to the PBPD during the
course al' the investigation. was omitted. served 21 months
in federal prison for his offense.
• While the Police Report and Probable Cause
AI ie ova re y on statements
stepmother. omitted is sta a comae ion Ur 1identity
fraud. This information. uncovered by defense investigators, was also
turned over to the PBPD during the course of the investigation.
D. In Unlit Of The Compromised Nature Of The Evidence—A Fulsome Review
Should Re Conducts.
These tainted and inaccurate reports compromised the ledend inv.:Nagaiion.4 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
fact. Moreover. the evidence and the allegations were undeniably misrepresented to the MI.
with no inclusion of the evidence exposing the deficiencies of the "proor and the exculpatory
evidence upon which the State relied. Furthermore. it should he 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 of the recorded interviews. The
4 Although we have been informal that the FBI identified and then inicrsiessi:d addit. - I riflemenl witnesses, many
of their discoveries arc hclieved to have emanated from message pad% roniaininit contain in forma ion that were
scion! mini Mr hpuyin% home pursuant to a state search warrant thai was deeply and constillii tonally flawed by
Iniiisstateinents and omissions as well as other facial deliskinks
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December I I. 2007