EFTA00180921.pdf

New York County Clerk's Index No. 30129/2010 Neftx *ark Supreme (Jlmxrt APPELLATE DIVISION-FIRST DEPARTMENT PEOPLE OF THE STATE OF NEW YORK, Respondent, —against— JEFFREY E. EPSTEIN, Defendant-Appellant. I) APPENDIX tt CYRys R. VANCE, JR. JAY P. LEFKOWITZ NEW YORK COUNTY DISTRICT SANDRA LYNN MUSUMECI ATTORNEY'S OFFICE KIRKLAND & PJ r is LLP One Hogan Place 601 Lexington Avenue New York, New York 10013 New York New York 10022 Attorneysfor Respondent Attorneys for Defendant-Appellant REPRODUCED ON RECYCLED PAPER 1 EFTA00180921  . . EFTA00180922  TABLE OF CONTENTS PAGE Appellant's Pre-Argument Statement, dated February 9, 2011 Al Appellant's Notice of Appeal, dated February 9, 2011 A3 Order Appealed From, dated January 18, 2011 with Notice of Entry A4 Palm Beach Police Department - Probable Cause Affidavit of Det. Joe Recarey - Defendant , dated May 1, 2006 A6 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated July 23, 2006 A28 2006 Grand Jury Indictment of Felony Solicitation of Prostitution - Jeffrey E. Epstein A29 Information for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 26, 2008 A31 Guilty Plea for Felony Solicitation of Prostitution and Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A32 Judgment for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A33 Sentence for Procuring Person under 18 for Prostitution - Jeffrey E. Epstein, dated June 30, 2008 A34 Community Control Standard Conditions, dated June 30, 2008 A35 Palm Beach Sheriffs Office Booking Card for Jeffrey Epstein, dated June 30, 2008 A47 EFTA00180923  ii PAGE Order Granting Jeffrey E. Epstein's Motion for Travel, dated December 18, 2009 A48 Letter from Florida Department of Corrections Regarding Termination of Supervision, dated July 21, 2010 A49 Letter from Palm Beach Sheriff's Office Regarding Jeffrey Epstein's Participation in the Work Release Program, dated August 12, 2010 A50 Letter from Jack A. Goldberger to NYS Sex Offender Registry Regarding Florida Registration Level applicable to Jeffrey E. Epstein, dated August 12, 2010 A51 Letter from Martin G. Weinberg to NYS Board of Examiners of Sex Offenders Regarding Level and Designation Determination for Jeffrey Epstein, dated August 16, 2010 A53 Letter from Stephen R. Alexander, Psy.D. to Jack Goldberger Regarding Opinion of Jeffrey E. Epstein, dated August 16, 2010 A58 Recommendation of Board of Examiners of Sex Offenders, Including Risk Assessment Instrument, dated August 19, 2010 and Case Summary, dated August 23, 2010 A62 Letter from Supreme Court attaching Notification, Recommendation and Notice of Right to Appeal, dated August 26, 2010 A67 Letter from Supreme Court to Jeffrey E. Epstein informing of SORA Level Determination Hearing, dated August 26, 2010 A68 Order Sheet for Jeffrey Epstein, dated August 26, 2010 A69 Letter from Supreme Court to Counsel Informing of SORA Level Determination Hearing (with attachment), dated August 26, 2010 A71 EFTA00180924  iii PAGE Letter from Jay P. Lefkowitz to Hon. Ruth Pickholz Requesting a Continuance of the Hearing, dated September 9, 2010 A77 Letter from Supreme Court to Sex Offender Registry Unit Enclosing Final Determinations, dated January 19, 2011 A78 Court Action Sheet - Jeffrey Epstein, No. 30129-2010 A80 Handwritten Notations on Court Jacket - Jeffrey Epstein, No. 30129-2010 A81 Transcript of SORA Hearing, dated January 18, 2011 A82 • EFTA00180925  . EFTA00180926  Al Appellant's Pre-Argument Statement, dated February 9, 2011 [pp. A1-A2] SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK PEOPLE OF THE STATE OF NEW YORK, Index No.: 30129-2010 Plaintiff-Respondent, - against - PRE-ARGUMENT STATEMENT JEFFREY E. EPSTEIN, Defendant-Appellant. 1. TITLE OF ACTION: As set forth in caption. 2. FULL NAMES OF ORIGINAL PARTIES AND ANY CHANGE IN THE PARTIES: As set forth in caption. There has been no change in the parties. 3. NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR APPELLANT OR PETITIONER: Jay P. Lefkowitz, P.C. Sandra Lynn Musumeci KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, Ne1.14611 Telephone: Facsimile: 4. NAME, ADDRESS, AND TELEPHONE NUMBER OF COUNSEL FOR RESPONDENT: Cyrus R. Vance, Jr. NEW YORK DISTRICT ATTORNEY'S OFFICE One Hogan Place New York, NYili m Telephone: 5. COURT AND COUNTY, OR ADMINISTRATIVE BODY, FROM WHICH APPEAL IS TAKEN: New York Supreme Court (Criminal Term), New York County. 6. THE NATURE AND OBJECT OF THE CAUSE OF ACTION OR SPECIAL PROCEEDING: Sex Offender Registration Act (SORA) hearing, pursuant to Article 6-C of the Correction Law. 7. RESULT REACHED IN THE COURT OF ADMINISTRATIVE BODY BELOW: Supreme Court, New York County, adjudged appellant Jeffrey E. Epstein to be a Level 3 sexual offender, without additional designation. 8. GROUNDS FOR SEEKING REVERSAL, ANNULMENT, OR MODIFICATION: The Court's designation of appellant Jeffrey E. Epstein as a Level 3 sexual offender was an abuse of EFTA00180927  A2 discretion and constituted reversible legal error based, in part, on the following: (1) the Court improperly relied on untrustworthy double and triple hearsay contained in the recommendation of the Board of Examiners of Sex Offenders, even though the District Attorney, as the party appearing on behalf of the State, rejected much of the Board's recommendation as not constituting clear and convincing evidence to support a Level 3 designation where such hearsay allegations were rejected as a basis for state prosecution; (2) the Court failed to provide the parties with an opportunity to present evidence on contested issues, as required by statute, and instead relied wholesale upon the recommendation of the Board, over the objection of the District Attorney, without any inquiry; (3) the Court did not apply the guidelines established by the Board, as required by statute; and (4) the Court failed to set forth the findings of fact and conclusions of law on which its determinations in support of a Level 3 designation were based, as required by statute. 9. THERE IS NO RELATED ACTION OR PROCEEDING NOW PENDING IN ANY COURT OF THIS OR ANY OTHER JURISDICTION. 10. THERE IS NO ADDITIONAL APPEAL PENDING IN THIS ACTION. Dated: February 9, 2011 Jar. Lefkowitz, P.C. S dra Lynn Musumeci KIRKLAND & ELLIS LLP 601 Lexington Avenue New York, New York 10022-4611 Telephone: Facsimile: Attorneysfor Defendant-Appellant Jeffrey A Esptein. -2- EFTA00180928  A3 Appellant's Notice of Appeal, dated February 9, 2011 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW NOTICE OF APPEAL YORK, Index No. 30129-2010 Plaintiff, CRIMINAL TERM PART 66 - against - JUSTICE RUTH PICKFIOLZ JEFFREY E. EPSTEIN, Defendant. PLEASE TAKE NOTICE that the above named defendant, Jeffrey E. Epstein, hereby appeals to the Appellate Division of the New York Supreme Court in and for the First Department, from an order entered in the above entitled action in the office of the Clerk of New York County on the 18th day of January 2011, which order adjudged defendant Jeffrey E. Epstein to be a Level 3 sexual offender pursuant to Article 6-C of the Correction Law, and this appeal is taken from each and every part of that order as well as from the whole thereof. Dated: February 9, 2011 Lefkowitz, P.C. To: dra Lynn Musumeci KIRKLAND & ELLIS LLP Clerk, New York County 601 Lexington Avenue New York, Ne Cyrus R. Vance, Jr. Telephone: NEW YORK DISTRICT ATTORNEY'S Facsimile: OFFICE One Hogan Place Attorneysfor Defendant New York, NY Jeffrey E. E stein Telephone: PF 1LF FEB 0 q Yull ESUPREIViE COURT relIEW YORK COUtellY APPWASSt 7;41.11Filtak.3 EFTA00180929  A4 Order Appealed From, dated January 18, 2011 with Notice of Entry Epp. Ad-AS] PA. 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't!1 :.,-7 -• Fr itk,i?..“-Xliti.:,;-F:**,:?1;te, 1;. netts an I tt r t, ';i•'Ait`l?.W45 rgfre ' lit.tt -41}ciri tt:1 61:Al ift,tiat ets ..1 Z ''' fri .It s IF i MinationfiefoW filo be bomp_ . Sonitinclh W, 4.:01esseASki r. zregilrel VEL, PETERAIINATION: Oro tort, .-? . ge,,wilte, ittlieatp.I.Ibtri1U61 7,...Uatl . r?7Airo v'0.4thki.INYt rti"ctai-h .7.4 ' prsiNoeteeix Offs 1 2/ EFTA00180930  A5 SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK THE PEOPLE OF THE STATE OF NEW NOTICE OF ENTRY YORK, Index No. 30129-2010 Plaintiff, CRIMINAL TERM PART 66 - against - JUSTICE RUTH PICKHOLZ JEFFREY E. EPSTEIN, Defendant. PLEASE TAKE NOTICE that the within is a copy of an order entered in this action on the 18th day of January 2011, in the office of the Clerk of the County of New York. Dated: February 9, 2011 Ja P. Lefkowitz, P.C. To: Sandra Lynn Musumeci KIRKLAND & ELLIS LLP Clerk, New York County 601 Lexington Avenue New York, Neill -4611 Cyrus R. Vance, Jr. Telephone: NEW YORK DISTRICT AYI'ORNEY'S Facsimile: OFFICE One Hogan Place Attorneysfor Defendant Jeffrey E. Epstein New York, NY Telephone: PILED FEB 0 P New nne C Aap It AIC O8 °Prr it" OUnittAU UMY EFTA00180931  A6 Palm Beach Police Department - Probable Cause Affidavit of Det. Joe Recarey - Defendant dated May 1, 2006 1pp. A6-A271 Probable Cause Affidavit Palm Beach Police Department Agency ORIN FL0 500600 Police Casetl: 05-368 (2) Defendant: Race/Sex: White Female DOB: 0545-1975 Charges: Principal in the 1" Unlawful Sexual Activity with a Minor (4) counts Principal in the I" Lewd and Lascivious Molestation (1) count From March 15, 2005, through February 2006, the Palm Beach Police Department conducted a sexual battery investigation involving Jeffrey Epstein, and . Sworn taped statements were taken from five victims and seventeen witnesses concerning massages and unlawful sexual activity that took place at the residence of Jeffrey E stein, 358 El Brill° Way, Palm Beach. Several of the victims were recruited by and brought to the residence by to perform massages for Epstei for which received monetary compensation. During the visit they would be introduced , Epstein's assistant, who in turn would record their telephone numbers and name. The victims would be brought to Epstcin's bedroom to provide the massage. Epstein would enter the room and order the victims to remove their clothing to provide the massage. As the victims complied and provided the massages, Epstein would rub his fingers on their vaginas. On occasion, Epstein would introduce a massager/vibrator and rub the victims vaginas as they provided the massage. On three separate occasions, Epstein had intercourse and inserted his peuis/fingers in the victims vaginas. At the conclusion of the massages the victims were paid sums of money ranging from $200 - $1,000. The facts, as reported, are as follows: On 03/15/2005, A fourteen year old white female, hereinafter referred to as "SG," and her family reported unlawful sexual activity which occurred at a residence within the Town o m cite . SG reported that a subject known to her as "Jeff" had touched her vaginal area with a vibrator/massager while within his residence. "Jeff' was later identified as Jeffrey Epstein through a photo line up. During a sworn taped interview, SG stated that IME=, a cousin of SCI's boyfriend and classmate at lm Beach High School, worked for a wealthy man and did sexual favors for him. She also admitted that had offered her an opportunity to make ne . During the beginning of the month of February O explained that she was first approached by to go with her to Epstein's house, SO stated that along with a Hispanic female, later identified at L . pick her up at her father's house on a Sunday. SG was not sure act dates but know it was a Sunday. SO told her father that they were going shopping but in reality drove them to Palm Beach. During the drive a The foregoing instrument was sworn to or affirmed State of Florida before me this i n day of May, 2006 by County of Palm Beach Det Joe Ranee'', who is personally known to rue. Signature Officer Signature of Police Officer (F.S.S. 117.10) Date: 05/n 006 Page 1 of 22 EFTA00180932  A7 Probable Cause Affidavit Palm Beach. Police Department Agency OEM FLO 500600 conversation occurred between ill and SG whereas reportedly toliiiiit if Jeff asked her age, she should say she was eighteen. t was later cod' y the SG's.father that picked his daughter up on February 6, 2005. According to SG's father, drove a pick up truck. • SO described Epstein's house as a two-story pink house with a Cadillac Escalade parked in the driveway. She recalled that Jeffs house was on a dead end street. Upon arriving at the house SG stated that they walked up a driveway ast what appeared to be a small guard/security room. A male approaching them asking what they wanted. stated they were there to secs Epstein. The male allowed them to continue walking up to the house. SG stated the man told them that Epstein was not there but was expected back. He allowed them to enter the house, via the kitchen. He offered them something to drink while they waited inside. Short! thereafter, Epstein and his assistant, described as white female with blond hair andlater identified as , entered the kitchen. Epstein introduced himself to SG. SG described Epstein as being approximately forty-five years old, having a long face and bushy eyebrows, with graying hair. and Epstein left the kitchen leaving SG alone in the kitchen. They returned a short time later. They all spoke briefly in the kitchen. SG was instructed to follow upstairs: SO recalled walking up a flight of stairs, lined with photographs, to a room that had a massage table In it. Upon entering the room.there was a large bathroom to the right and a hot pink and green sofa in the room. There was a door on each side of the sofa. SG recalled there bein a mural of a naked woman in the room, as well as several photographs of naked women on a shelf. told the victim that Epstein would be up in a second. Epstein entered the room wearing only a towel and told SG to take off her clothes. SO stated Epstein was stem when he told her to take off her clothes. SG said she did not know what to do as she was the only one there in the room so she took off her shirt leaving her bra on. Epstein had removed his towel and told the SG to take off everything. SG stated Epstein was nude when he took his towel off, placing it on the floor as he laid down on the table. SG stated she then removed her pants leaving her thong panties on. Epstein then instructed her to give him a Massage pointing to a specific lotion for her to use. As SG began to give Epstein the massage, he told her to get on his back. SG stated she straddled herself on Epstein's back whereby her exposed buttocks were touching Epstein's bare buttocks. SG said Epstein was specific in his instruction to her on how to massage him, telling her to go clockwise or counter clockwise. Epstein then turned over and instructed SG to massage his chest. SG was now standing on the ground and resumed massaging Epstein's chest area. SG stated Epstein held onto the small of her back as she massaged his chest and shoulder area. Epstein then turned to his side and started to rub his penis in an up and down motion. Epstein then pulled out a purple vibrator and began to The foregoing instrument was sworn to or affirmed State of Florida before rue this I" day of May, 2006 by County of Palm B ech Det Joe Recarcy, who Is personally known to me. K ai Signatur g Officer ,44.L. Signature of Poll‘Officer (F.S.S. 117.10) Date: OS 006 Page 2of 22 EFTA00180933  A8 Probable Cause Affidavit Palm Beach Police Department Apncy ORM FLO S00600 massage SO's vaginal area. SO stated there was no penetration as the vibrator was on top of her underwear. SG recalled Epstein ejaculating because he had to use the towel to wipe himself as he he table. Epstein then left the room and SG got dressed. She went back downstairs where she met with SG said she was paid three hundred dollars in cash from Epstein. Before she left Epstein asked SG to leave her phone number. As SO, and Figueroa were leaving the house, told SG she received two hundred dollars that day or ringing her. During the course of the investigation, parental consent was granted for SG to assist with the investigation. At our direction SG conducted controlled taped phone calls to cellular telephone 561- 308-0282. SO spoke with in an attemmange another meeting with Epstein. SG asked what did she need to do to make more money. stated, "the more you do, the more you get paid." had subsequently called back SO and left a voice mail message for her indicating that she had set up an appointment for SO to go to Epstcin's house at 11:00 am on April 5, 2005. This message was recorded from SG's voice mail. I- Based on the above, trash pulls were established at Epstein's residence with Supervisor Tony Higgins of the Sanitation Bureau of the Town of Palm Beach. The trash pull from April 5, 2005 revealed la: one message for Epstein which stated Haley and SG's name at 11:00 am. This was the time frame had informed SG to be ready to go work at Epstein's house. On October 3, 2005, Sgt Frick and I went to residence and viewed her vehicle parked in the driveway, a red Dodge Neon. Sgt. Frick and I koocked on the door and met with a. as told that we were investigatinga claim involving Jeffrey Epstein of El Brill° Way, in Palm Beach. was asked if she would accompany us back to the police station for further questioning. She was also to tat at the conclusion of the interview she would be returned home. voluntarily came with us back to the Pam Beach Police Department. L Upon our arrival at the police station, was brought to the interview room in the Detective. ureau where I obtained a taped, atement. I began the interview by asking how she became acquainted with Epstein. state pproximately two yearsago, just a cr she turned 17 Pears of age, she was approached by a friend named at the Canopy Beach Resort in Rivera Beach. was asked anted to make money. She was told she would have to provide a massage and she m e $200.00. M thought about the offer and agreed to meet with Jeffrey. The foregoing Instrument was sworn to or affirmed State of Florida before me this 1" day of May, 2006 by County of Palm Beach Det Joe Recarcy, who is personally known to me. Signaturc Ar Z t1 Officer Signature of Police Meer 4. 117.10) Date: 05/0 006 Page3of 22 EFTA00180934  A9 Probable CauseAffidavit Palm Beach Police Department Anne), ORO FLO 500600 (Unknown last name) and (Unknown last name) picked up and she was taken to Epstein's house. Upon her arrival to the ouse she was introduced to Epstein in the kitchen of the house. She was also introduced to a white female known to her as She was led upstairs to the main bedroom known to her as Jeff Epstein's bedroom. arranged the massage table and covered the table with a sheet She brow t out the massage oils and laid them next to the massage bed. , then left the room and informed Jeff would be in, in a minute. Jeff entered the bedroom wearing only a towel. He removed the towel and laid nude on the massage table. He laid on the table onto his stomach and picked a massage oil for to rub on him. Untie massage, stated "He tried to touch me and I stopped him." I asked how he tried to touch her. stated that Epstein grabbed her buttocks and she felt uncomfortable, told Epstein, I'll massage you but1 don't want to he touched. stated she performed the massage naked. At the conclusion of the massage, Epstein paid $200. After the message Epstein stated to that he understood she was not comfortable, but he would pay her if she brought over some girls. He told her the younger the better, stated she once tried to bring a 23 year old female and Epstein stated that the female was too old. stated that in total she only remembers six girls that she brought to see Epstein, each time she was paid $200. stated she had brought the following girls: SO :-...:.1. " • • , • . • , J.S. ( al6 year old female), VL (a 16 year old female) and :..._.' — . :. said that at the time she brought these Epstein's house they werealll 4 through 16 years of age. I asked which one was the youngest. advised SG was the youngest as she was fourteen when the massage occurred. stated every girl she brought knew what to expect when I asked they arrived. They were told they would provide a massage, possibly naked, and allow some touching. that SO her if SO was aware. She stated every girl she brought knew what to expect. She explained she knew agreed and wanted to make money. She approached SO and explained about going to work for Jeff, SG arrangements were made to bring her to Epstein's house on a weekend. stated that she and __ (Later identified as ' —",„ . ) picked up SG at her house. stated that at that time she was driving the a red pickup truck. They traveled tatein's house and entered through the kitchen door. They met with . SO was introduced to Epstein while they were in the kitchen area. house chef and Epstein's assistant kitchen area. led SG upstairs and Epstein wont upstairs. When the massage was over SG returned to the a stated she was paid $200.00 for bringing SO to Epstein's house. paid $300.00 for the massage. stated SO told her she was had changed her cellular slated that SO was the last person she brought to Epstein's house. Shc number to avoid being contacted by She continued stating that she had no direct contact with Epstein State of Florida Tho foregoing instrument was sworn to or affirmed County of Palm Scach before me this 1" day of May, 2006 by Oct Joe Reearey, who is personally known to Inc. Signatur g Officer Rice (F.S.S. 117.10) Date: 05/01/2006 Signature of Police it Page40122 EFTA00180935  A10 Probable Cause Affidavit Palma Beach Police Department Agoncy ORI# FLO 500600 when he was going to travel to a Beach. sai Epstein announces to his assistant, he is traveling to Palm Beach, would then contact to arrange girls to "work" for Epstein. stated that once her arents discovered that she s visitingEpstein thry d* approved of the encounters with him and she stopped. further stated that still tries to call 's house and leaves messages. Sgt Frick entered the room and explained to that ha her own statements, she had implicated herself by bringing underage girls to Epstein's house. provided cellular telephone numbers for the girls she had mentioned previously. Additionally, she also provided possible addresses and areas in which they lived. As was being taken home in the vehicle, a tape recorder within the vehicle to record any converse ons within the vehicle. During the drive back to her home made the cor " I'm like a Heidi Fleiss." (Hollywood Madam who sent girls to clients for sexual favors in California). watt dropped off at her house without incident. On October 3, 2005, Sgt Frick and I went to speak with IS, a sixteen year-old female who was brought to Epstein's residence by . We met with JS's mother at their front door. We explained the ongoing investigation and asked to speak with JS as we had information that she had "worked" for Jeff. Mrs. S introduced us to her husband and allowed us entry into the home. We sat in the dining room and met with IS, a As she was under the age of eighteen, Mrs S was advised we would be speaking with her. She expressed if her daughter had information, she wanted to assist, We interviewed JS, who denied havin any inappropriate encounters with Jeff (Epstein). She stated she had gone to Jeff's house with approximately eight months ago and sat In the kitchen with the house chef, but nothing happened. As the parents were present during the interview, we felt that JS was withholding information from us. She made several comments as to putting the entire incident behind her. I left my telephone number and advised should she wish to speak with me again to telephone me. Sgt Frick and I thanked Mrs. S for her time and left the area. She stated she would ask JS again after we left as to what happened at Epstein's house. I informed her that IS had my telephone number and hopefully she would call. On October 4, 2005, Dot Dawson and I drove to the'" ' '• home and met with 34/1.......1..:... ' and During a sworn taped statement . ._ . • stated approximately a year ago. e was seventeen years old, she was to a house by MM . stated she knows because they both attend Royal Palm Beach High School. She was told she could make money working The (ongoing instrument was sworn to or affirmed State of Florida before me this 1" day of May, 2006 by County of Palm Beach Del Joe Recarey, who is personally known to me. Signatur ng Officer Signature of Police Meer .S.S. 117.10) Date: 05/01/2006 Page Sof 22 EFTA00180936  All Probable Cause 4Ifidervil Palm Beach Police Department Agency ORE# FLO 500400 for Jeff. She was told she would have pin nide a massage to Jeff. 7', .:_ stated upon her arrival to the house she was brought to the kitchen area by M. They met with the house chef who was already in the kitchen area. . stated would wait for her in the kitchen. I. . was introduced ton Jeff's assistant, who brought her upstairs to the master bedroom. prepared the room and massage table for a massage. Epstein entered the room wearing only a towel and she provided a massage. 7 ' it stated she kept her clothes on during the massage. She advised sometime during the massage, Epstein grabbed her buttocks and pulled her close to him. T ....: said she was uncomfortable by the incident involving Jeff. At the conclusion of the manage, she was paid 5200.00 for the massage. I asked : • if she has any formal training in massages to which she re lied no. 1 asked her if received any monies for taking her to perform the massage. stated had received money for taking her there but was unsure in the amount. 7 :c stated she returned to Epstein's house on another occasion with and anotheri111.• did the only'c stated she waited in the kitchen with , while E L.. was taken upstairs by . ......_::stated she massage once as she was uncomfortable with the whole experience. At the conclusion of the interview, the tape was stopped. I was informed that had attempted to reach via cell phone. A voice mail message on October 4, 2005 at 10:59 am, revealed a female voice who identified herself as who requested : • to call her back reference the police questioning...., *1 provided the Incoming telephone number as . stated she inadvertently told'. _..... about the police investigation because had called her to tell her about how she just received a rental car from Jeff Epstein. ". . had called her to taller that she was given a rental car, a 2005 Silver Nissan Sentra, to utilize to visit family and visit Epstein. : ..... • asked her what was mil on at the house that the police would be asking questions. .' . . • stated . thenealled Jeff and and asked what was going on reference the ongoing police investigation. According to , has since then been trying to contact her to ask about the police questions. I instructed 7 ' not to contact and do not provide any more information to as she would notify Jeff Epstein and what was transpiring. contact On Ootober4, 2005, I made telephone contact with JS who had left several messages for me to but would like to her. During the message, she advised she was not completely truthful when we met in person want to speak of this incident in speak with me to advise what had happened. She further advised she did not with JS. During a taped recorded front of her mother. At approximately 3:48 pm I made telephone contact took her years of age, statement JS stated the following: approximately a year ago, when she was sixteen to Epstein's house twice. She knows because they both attend Royal Pal Beach High School. The first time she went, drove to the house. They entered through the kitchen area where she was State of Florida The foregoing instrument was sworn to or affirmed Conn of Palm Beach before me this 1" day of May, 2006 by Det Joe Reearey, who is personally known to me.. Signatur A r qti g Officer r. Date: 05/01/2006 Signature of Police Meer F.S.S. 117.10) Page tool 22 EFTA00180937  Al2, Probable Cause Affidavit Palm Beach Police Department Agency ORM FLO 5O600 introduced to and Epstein. She was taken upstairs to a bedroom by who set the room up with a massage bed and brought out the oils to use. Epstein then entered the room wearing a towel. He laid on the table and picked out a lotion for JS to rub on him. At one point during the massage he tried to remove her shirt, at which point she became very upset and discontinued the massage. Both JS and E stein had a verbal disagreement, at which time she left without being paid. She got with who was sitting in the kitchen and told her "let's go." JS advised she received no money for that day. JS also said that had told her if she was uncomfortable with what was going on, to let him know and he'll stop. She knew that the • more ou do the more you get paid. JS advised that several weeks later she agreed to be taken a second time by . Once they arrived at the residence, sat in the kitchen and took her . upstairs to the master bedroom again. set the room up with a massage bed and brought out the oils to use, Epstein then entered the room wearing a towel. He laid on the table and picked out a lotion for IS to rub on him. At one point during the massage he tried to touch her buttocks. As JS was wearing tight Jeans and had a tight belt on Epstein was unable to touch her buttocks. Epstein then rolled onto his back during the massage and then attempted to touch her breasts. IS then became upset again and told Epstein she didn't want to be touched. JS discontinued the massage and was paid $200.00. IS then went downstairs where was waiting for her. She told she wanted to leave. JS said she never returned to the house. .13 stated she is aware that her friend, .....__. !: was also at the house and had a problem with Epstein. rl f later researched doh 02/08/1987 , and mot with her at her residence. During a sworn taped statement, stated the following: on or about November 2004, she was approached at Royal Palm Beach High School by , a fellow student. asked ' • if she wanted to make money. She agreed and was told she would provide a massage to wealthy man in Palm Beach. picked her up She further stated and drove her to a house in Palm•Beach. She was brought into the kitchen area of the house. that fellow Royal Palm Beach High School students YL and .) came with them. They were brought into the kitchen where she was introduced to Epstein and other females. _ . stated she was as white female (unknown name ), with introduced to a female helper of Epstein, the female was described blond half. She stated that the assistant was fa