EFTA00183935.pdf

savE frtofN tiuQSUAL EFTA00183935  THE PALM BEACH POST - MONDAY, NNE IS, 2009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor ofthe Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Reacher Palm Beach sex offender who preyed on girls almost 40 years younger already has received too deserves no more breaks. many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and of course, want it kept secret. Last after paying the equiva- week, a Palm Beach County judge lent of a small countryb set a hearing for June 25. gross domestic product Epstein attorney Jack Goldberger in legal fees, Jeffrey claims that the file should stay sealed Epstein escaped federal to protect the "orderly administration charges and pleaded of justice" and "protect a compelling guilty in state court to government interest." Oh, and third Epstein a pair of charges related parties might get hurt The compel- to his luring five girls ling interest is Epsteinb, and there — ages 14 to 17 -- to is no privacy issue since the victims his house. The girls undressed and themselves are making the request. massaged him in return for $200 to Palm. Beach police spent 11 $300. He's serving only 18 months months investigating Epstein, only in the. Palm Beach County Jail, and to see then-State Attorney Barry heb serving only nights. And now he Krischer kick the case to a grand wants just one more favor. jury Mr. Krischer backed off when When Epstein entered his state one of Epsteinb gold-plated attor- plea, the terms of his federal deal neys, Alan Dershowitz, announced were sealed from the public. That that some of the victims had posted violated normal procedures. Attor- MySpace comments about their alco- neys for some of the victims, who hol and marijuana use. ' have filed civil lawsuits, want that Epsteinb "best" defense has been plea deal unsealed, probably because that he didn't know the girls were the details would help their cases. underage. "How he verified that," But given the nature of this case, Mr. Goldberger said, "I don't know." thereb also a public interest. One con- Investigators found a high school dition of the federal plea, for example, transcript in Epstein's house. He was that he take the state deal. Thatb didn't know? The public should know why The Post also is seeking to have what Jeffrey Epstein did, and what the file unsealed. Epsteinb lawyers, the system did for him. EFTA00183936  IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00183937  5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. CHARLENE A. GRIFFITH. AI% Commission* DO 8130359 N 1, Expires may 15, 2013 0:40401 Notary Public State of Fl Aft no, Nor orgrit0 My Commission Expires EFTA00183938  CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via Mail; /Facsimile; (3 Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Suite 1650, Fort Lauderdale, FL 33394; Deanna K. Shullman, 400 North =Drive, Suite 1100, P.O.Box 2602 (33601) Tampa, FL 33602, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, 515 N. Flagler Dr. Suite 400, West Palm Beach, Florida 33401. this 11 day of June, 2009. BURMAN CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBERT D. CRITTON, ESQ. CK A. GOLDBERGER, ESQ Florida Bar No / lorida Bar No. EFTA00183939  JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS June 11, 2009 Board Certified Oiminallrial Attorney Member of New Jersey & Fonda Bars Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida 1 Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records ; Confidential filed with the Clerk of the Court on June 11, 2009. uly yours, Ja A. dberger, Esq. JAG/cg Enc. cc: Alexander Acosta U.S. Attorney State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. One Clearlake Centre. Suite 1400 250 Australian Avenue South West Palm Beach, FL 33401 p www.agwpa.com EFTA00183940  oytt. .;:ercA; 04.5.-IBSCfa513&2 AT I ERBURY GOLDBERGER WEISS, $0.442 C One Clearlake Centre, Suite MOO 06 / 11/2009 250 Australian Avenue South West Palm Beach, FL 33401 Filailtd From334( Alexander Acosta United States Attorne ::1::1:::: EFTA00183941  NE PALM BEACH POST THURSDAY, JUNE 11.2009 Judge delays ruling on request to unseal plea deal in sex case By SUSAN SPENCER -WENDEL women now suing Epstein one else gets treated like Palm Beach Post Staff Witter are asking Colbath to un- that," Edwards said. WEST PALM BEACH — A seal the deal that Epstein Epstein, 56, a reported circuit judge on Wednes- brokered with federal money manager of billion- day did not unseal the prosecutors. A lawyer for aire's, is currently serving deal that money manager The Palm Beach Post also an 18-month sentence in Jeffrey Epstein of Palm has joined in the request. the Palm Beach County Beach struck with fed- "Itb a secret agree- Stockade after pleading eral prosecutors to avoid ment. A secret, sweetheart guilty nearly a year ago charges, opting instead agreement," said former in state court to felony to give Epstein lawyers Circuit Judge Bill Berger, solicitation of prostitution a chance to who now represents some and procuring teenagers demonstrate of the women. for prostitution. why it should "Everybody was in The saga began years remain hid- on this deal except the ago when the Palm Beach den from victims and the public," Police Department began public view Berger said. "The public investigating whether Circuit should be outraged it has young wonien were be- Judge Jeff Epstein gone as far as it has." ing brought to Epstein Colbath ac- A second attorney mansion on El Brillo Way knowledged at a hearing representing the women, to massage him and have that Epstein's deal was not Brad Edwards, has seen sex with him in exchange sealed in state court in ac- the sealed document A for money. cordance with the rules. federal judge allowed him Epstein's attorneys, "1 don't see where any and his clients to view it, in federal filings, have of the procedures were but not to discuss its con- referred to sealed docu- ever followed," he said. tents. ments as a deferred pros- Colbath has given Edwards said the ecution agreement with Epstein defense attorney, women were "outraged" at federal prosecutors and Jack Goldberger, an op- what had been negotiated have called it "unprec- portunity to argue that the without their knowledge. edented" and "highly document was properly A reporter asked Edwards unusual." sealed and asked lawyers if he thought Epstein re- Goldberger said his cli- to submit briefs to him by ceived special treatment ent has not received any Friday. Colbath also set a by federal prosecutors. special treatment. full hearing for June 25. "Are you kidding? Itb sm. Attorneys for young transparent. Certainly no EFTA00183942 THE PALM BEACH POST • WEDNESDAY, JUNE 10, 2009 Women want sex plea deal unsealed Their attorneys will ask a judge to open Jeffrey Epsteffi's records. By SUSAN SPENCER-WENDEL Palm Beach Post Staff Writer WEST PALM BEACH - When wealthy money manager Jeffrey Epstein of Palm Beach pleaded guilty last year to pro- curing teens for prostitution, his case detoured around local and state rules regarding the sealing of court documents. At a plea conference on the state charges, a judge, a defense lawyer and a pros- ecutor huddled at the bench and decided that a deal 'Epstein Epstein had struck with federal prosecu• tors to avoid charges should be sealed, according to a transcript of the hearing. And so it was. But Florida rules of judicial adnlin- istration, as well as rules of the Palm Beach County court system, require public notification that a court document has been or will be sealed, meaning.kept from public view The rules also require a judge to find a significant reason to seal, See EPSTEIN, 4A ► See past coverage of Jeffrey Epstein's sex scandals. PalmBeachPost.eom/epsteln EFTA00183943 Public has right to know details I of deal; Post attorney will claim Po EPSTEIN from IA Flipp practice and representing one of the women. Lanna approached such as protecting a trade The Palm Beach Post also a sidebar conference. secret or a compelling gov- will ask Colbath to unseal Pucillo, who had left the ernment interest. the agreement. Post attor-. bench nine years earlier, Yet no notification ney Deanna Shullman will was filling in temporarily or reason occurred in argue that the public has a as a senior judge. Epstein% case, according right to know the specifics According toatranscript, to court records. of Epstein% deal. Goldberger told Pucilb that Epstein own attorneys, According to various Epstein had entered a con- in federal filings, have media accounts, Epstein fidential agreement with referred to his confiden- moved in circles that in- the US. attorneys office tial deferred prosecution cluded President Clinton, in which federal prosecu- agreement with the US. Donald Tnunp and Prince tors brokered not pursuing attorney% office, struck in Andrew. "International charges against him if he September 200Z as "un-. Moneyman of Mystery," de- pleaded guilty in state precedented" and "highly clared a 2002 Nero York mag- court Pucilb then said she unusual." And it was "a azine profile of Epstein. wanted a sealed copy of the significant inducement" Epstein, 56, is in the agreement filed in his case, for Epstein to-accept the Palm Beach County Stock- and Goldberger concurred state% deal, observed the ade, serving an 18-month nted it sealed. state judge who accepted sentence after pleading later signed off his plea, County Judge guilty nearly a year ago on Deborah Dale Pucillo. to felony solicitation of The • Florida Supreme Epstein now faces at prostitution and procuring Court has expressed "seri- least a dozen civil lawsuits teenagers for prostitution. ous concern" and launched in federal and state courts He is allowed out from 7 an all-out inquiry into seal- filed by young women who am. to 11 p.m., escorted ing procedures across the said they had sex with a deputy, said Palm Be state following media re- him and now are seeking County Sheriffs Office ports in 2006 of entire cases damages. spokeswoman 'Teri Barbera. being sealed and disappear- Attorneys for some of During a Palm Beach ing from court records. those women want his Police Department in- 'The public% constitu- agreement with federal vestigation, five victims tional right of access to court prosecutors unsealed and and 17 witnesses gave records must remain invio- will ask Circuit Judge Jef- statements. They told of late, and this court is fully frey Colbath to do so today. young women brought by committed to safeguarding "It is against public his assistants to Epstein% this right," justices wrote in policy for these documents mansion on El Brillo Way their final report to be have been sealed and for massages and sexual Epstein% office on hidden from public scrutiny. activity, and then being lliesday referred any member of the public, paid afterward. questions to Goldberger, has a right to have At Epstein% plea confer. who declined to comment. documents unsealed," ence last year, his attorney, Pucillo also has declined wrote former Circuit Judge Jack Goldberger, and to comment • Bill Berger, now in private then-Assistant State At Susan .spencer EFTA00183944 EFTA00183945 ME PALM BEACH POST • HAMMY JULY 2, 2009 METRO REPORT IN COURT WEST PALM BEACH —An appellate court on Wednesday granted financier Jeffrey Epstein's request to block the unsealing of his non-prosecution agreement with the U.S.Attorney's Office while the court consid- ers his appeal. A circuit judge had ordered the release ot the documents, but Epstein attorney argued that it would cause "ir- reparable harm." Attorneys for women now suing Epstein and for The Palm Beach Post sought the documents' release. The Fourth District Court of Appeal blocked the unsealing while both sides present legal arguments and the court considers them. Epstein pleaded guilty last year to solicita- tion of prostitution and procuring teenagers for prostitution.  THE PALM BEACH POST FRIDAY, JULY-10,2009 EPSTEIN SEX PARTNER LOSES LAWSUIT AGAINST NEWSPAPER Pervy Palm Beach moneybags Jeffrey $100 million because, in 200Z the paper outed her as Epstein, who at the tail-end of his 18- a transgender person (boy to girl) and, she claimed, month sentence for solicitation of prostitu- made her look like "a promiscuous slut." The paper tion, is the talk of the legal world again. quoted her MySpace page as saying she fantasized One of the young girls he invited up for about being with multiple partners. A New York appel- strange sex when she was 16 lost her late court sided with the tabloid, saying that Cordero defamation lawsuit against The New York herself gave the public the reasonable impression of Epstein Post last week. Ava Cordero was asking for promiscuity. Ya think? Got a news tip? Call Jose at or e-mall EFTA00183946  IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT DOCKETING STATEMENT AND NOTICE OF APPEARANCE OF COUNSEL (Revised as of May 1, 2001) The Court requires the following information in order to facilitate disposition of the case. APPELLANT/PETITIONER: If this case Involves an original writ, is an appeal of a non-final order or is a case other involving child custody, this docketing statement must be completed and returned within five days. In all from the date of the acknowledg ment of the notice cases, the appellant must file the docketing statement within 20 days of appeal. APPELLEE/RESPONDENT: Is apj required to file a docketing statement unless there are amendments, corrections file a or additions to the docketing statement filed by the appellant/petitioner. Appellee/respondent is only required to notice of appearance if counsel's name does not already appear on the certificate of service. Appellee's/r espondent's docketing statement, if necessary, is due within 5 days from service of the appellant's/petitioner's docketing statement. PLEASE PROVIDE THE FOLLOWING INFORMATION: DOCKETING STATEMENT OF: (CHECK ONE) APPELLANT/PETITIONER ✓ APPELLEE/RESPONDENT 1. STYLE OF CASE DCA CASE LOWER COURT NUMBER CASE NUMBER Jeffrey Epstein'. State of Florida 4D09-2554 2008 CF 009381A 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT (If party is not represented by counsel, party should so indicate and provide accurate mailing address and phone number). Name See attached. Bar Number Address Attorney For Phone Number Fax Number 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) Name See attached. Bar Number Address Attorney For Phone Number Fax Number 3. INTERESTED PERSONS: List names of all persons or entities having an interest in this matter. Please clarify whether these persons or entities are parties, lawyers or otherwise, and as to parties, designate whether appellant or appellee. See attached. EFTA00183947 4. JUDGES BELOW: List the name of all judges, deputy commissioners and hearing officers/examiners who were involved in this action below. Specify the judge who entered the order appealed. Honorable Jeffrey J. Colbath (entered order appealed) 5. JURISDICTION: State the basis for this court's jurisdiction, including the following: (1) the appellate rule providing jurisdiction claimed 9.100(c)(1) and 9.140(b)(1)(D)• (2) the date of filing in the lower tribunal of the order appealed June 25.2009 ; (3) if this is an appeal from a final order, the date of the return of verdict in a jury action N/A the service date of any Fla. R. Civ. P. 1.530 motion N/A and the date of entry of the order deciding such motion N/A 6. PENDING MATTERS IN LOWER TRIBUNAL: Are there any matters, including counts of claims or Counterclaims, still pending in the lower tribunal? If yes, please explain exactly what remains pending. Not in the criminal case. There are civil cases pending against Mr. Epstein. 7. CURRENT AND PRIOR PROCEEDINGS IN THIS COURT: List by style and case number of this court, all cases which are or have been pending before this court involving issues arising from the same lower tribunal case and the current status of same: None. Criminal appeals: List by style and case number of this court all co-defendants currently or previously on appeal to this court. None. Similar Issues: List by style and case number of this court, all cases which are or have been pending before this court which are related to this action or which involve an issue which will be similar or determinative to the issue in this case on appeal. Epstein, Case No. 4D09-2409. If you become aware of appeals filed subsequent to the submission of this docketing statement involving a co-defendant in a criminal case, the same controversy or parties, or substantial similar issues, please file an amended response to this question. 2 EFTA00183948 8. Court Transcript: Do you intend to order any portion of the transcript for the appeal? Yes No ✓ If yes, have all arrangements been made for its preparation? Yes No If yes, date ordered If no, why not? Already filed with court. Estimated date of completion : Estimated number of pages: Name and address of court reporter(s): sentence 9. CUSTODY STATUS IN CRIMINAL APPEALS: Is the appellant in custody and serving a imposed as a result of a conviction which is the subject of this appeal? ves If so, state the length of the sentence imposed. 18 months iail followed by 12 months community control 10. ISSUES: If this case involves the determination of the constitutionality of a statute, cite the statute involved. N/A Please state in short form the anticipated issues raised. For example, on criminal issues: denial of motion for judgment of acquittal, denial of motion to suppress evidence, error in sentence; on civil issues, damages; award of alimony, error in valuation of assets for equitable distribution, error in determining contract error in admission of hearsay at trial. Error in unsealing confidential federal non-prosecution agreement and addendum. 11. TYPE OF CASE: PLACE A CHECK BY THE MOST APPROPRIATE TYPE OF CASE: A. Civil 1. Domestic Relations - divorce, child custody, paternity or support 2. Child dependency 3. Adoption/Termination of Parental Rights 4. Professional Malpractice 5. Products Liability 6. Negligence 7. Contract or Indebtedness 8. Condominium - rules violations, developer suits 9. Foreclosure - mortgage, lien 10. Inmate Appeal - gain time, rule challenges, disciplinary action 11. Attomey's Fees 12. All others - specify 3 EFTA00183949 B. Criminal 1. Direct Appeal - judgment and sentence 2. Direct Appeal - sentence only 3. Direct Appeal - juvenile 4. Collateral Attack - (Rule 3.850 or habeas corpus) - judgment and sentence 5. Collateral Attack - (Rule 3.800, Rule 3.850 or habeas corpus) - sentence only 6. Collateral Attack - juvenile 7. Appeal by the State ✓ 8. All Others - specify unsealing of confidential federal non-prosecution agreement C. Administrative 1. Department of Professional Regulation 2. Unemployment Appeals Commission 3. Rule Challenge - specify agency 4. All others - specify Certificate of Service I certify that a copy hereof has been furnished by mail this 8'44... day mail/hand delivery/fax of July , 2009, to: See attached. ignat r A-4-4-12-44- (Print Name) 4 EFTA00183950 2a. NOTICE OF APPEARANCE OF COUNSEL FOR APPELLANT Florida Bar No. BARBARA J. COMPIANI Florida Bar No. KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 501 South Flagler Drive, Suite 503 West Palm Beams_ 33401-5913 Phone: Fax: Email: Appellate counsel for petitioner ROBERT D. C Florida Bar No. BURMAN, CRITTON, LUTTIER & COLEMAN, LLP 515 North Flagler Drive, Suite 400 West P 3401 Phon Fax: Counsel for petitioner JACK A. GOLDBERGER Florida Bar No. ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West P u 3401 Phon Fax: Counsel for petitioner EFTA00183951 2b. APPELLEE'S TRIAL COUNSEL AND/OR APPELLATE COUNSEL (IF KNOWN) WILLIAM J. BERGER Florida Bar No. ROTHSTEIN ROSENFELDT ADLER 401 East Las Olas Boulevard, Suite 1650 Fort Lauderdale FL 3 394 Phone: Fax: Counsel for non-party intervener,M. DEANNA K. SHAS1 Florida Bar No. THOMAS,SE LC NIRIn BRALOW, P.L. 400 NorthIM Drive, Suite 1100 P. O. Box 2602 (33601) Tampa, F Phone: Fax: Counsel for non-party intervener, Palm Beach Newspapers d/b/a The Palm Beach Post SPENCER T. Kial Florida Bar No. LEOPOLD-KUVIN, P.A. 2925 PGA Boulevard, Suite 200 Palm Beach Gardens. FL 33410 Phone: Fax: Counsel for non-party intervener, Florida Bar No. STATE ATTORNEY'S OFFICE--WEST PALM BEACH 401 North Dixie Highway West Palm ch FL 33401 Phon • Fax: Counsel for respondent, State of Florida Florida Bar No. U.S. Attorney's Office--Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 Fa Fax: EFTA00183952 3. INTERESTED PERSONS: of State Attorney's Office--West Palm Beach (counsel for respondent, State of Florida) • (non-party intervener) William J. Berger of Rothstein Rosenfeldt Adler (counsel for non-party intervener,...) Honorable Jeffrey J. Colbath (circuit court judge) Barbara J. Compiani of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Robert D. Critton of Burman, Critton, Luttier & Coleman (counsel for petitioner) Jeffrey Epstein (petitioner) Jack A. Goldberger of Atterbury, Goldberger & Weiss, P.A. (counsel for petitioner) of Kreusler-Walsh, Compiani & Vargas, P.A. (appellate counsel for petitioner) Spencer T. Kuvin of Leopold-Kuvin, P.A. (counsel for non-party intervener,..) Honorable Kenneth A. Marra (judge, Southern District of Florida) Palm Beach Newspapers d/b/a The Palm Beach Post (non-party intervener) Deanna K. Shullman of Thomas, Locicero & Bralow, P.L. (counsel for non-party intervener, The Palm Beach Post) U.S. Attorney--Southern District EFTA00183953 State of Florida (respondent) i• (non-party intervener) EFTA00183954  CERTIFICATE OF SERVICE U.S. ATTORNEY'S OFFICE STATE ATTORNEY'S OFFICE SOUTHERN DISTRICT 401 North Dixie Highway 500 South Australian Avenue, Suite 400 West Palm Beach, FL 33401 West Palm Beach, FL 33401 WILLIAM J. BERGER DEANNA K. SHULLMAN ROTHSTEIN ROSENFELDT ADLER THOMAS, LOCICERO & BRALOW, P.L. 401 East Las Olas Boulevard, Suite 1650 400 North Drive, Suite 1100 Fort Lauderdale FL 33394 P. O. Box 2602 (33601) Counsel for•. Tampa, FL 33602 Counsel for The Palm Beach Post SPENCER T. KUVIN ROBERT D. CRITTON LEOPOLD-KUVIN, P.A. BURMAN, CRITTON, LUTTIER & COLEMAN 2925 PGA Boulevard, Suite 200 515 North Flagler Drive, Suite 400 Palm Beach Gardens, FL 33410 West Palm Beach, FL 33401 Counsel for Counsel for petitioner JACK A. GOLDBERGER ATTERBURY, GOLDBERGER & WEISS, P.A. 250 Australian Avenue South, Suite 1400 West Palm Beach, FL 33401 Counsel for petitioner EFTA00183955  4 ASS 1"0 KREUSLER-WALSM, COMPIANY & VARGAS, P.A. PiTNCY COWLS SUITE 503, FLAGLER CENTER 02 1P $ 000.61° 501 SOUTH FLAGLER DRIVE 0004162054 JUL 08 2009 WEST PALM BEACH. FLORIDA 33401.5913 MAILED FROM ZIP cone 33401 111111,1 U.S. Attorney's Office-Southern District 500 South Australian Avenue, Suite 400 West Palm Beach, FL, 33401 .21340 bSE.G3S CO23 h1111111111111.111 Jill EFTA00183956 r, • Fourth District Court of Appeal 1525 Palm Beach Lakes Blvd. West Palm Beach, Florida 33401 ACKNOWLEDGMENT OF NEW CASE DATE: July 1, 2009 STYLE: JEFFREY EPSTEIN STATE OF FLORIDA 4DCA#: 4D09-2554 The Fourth District Court of Appeal has received the Petition reflecting a filing date of 7/1/09 The county of origin is Palm Beach. The lower tribunal case number provided is 20098CF009381A The filing fee is Paid In Full - $300. Case Type: Certiorari Criminal The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE ATTORNEY'S FLORIDA BAR NUMBER. Please review and comply with any handouts enclosed with this acknowledgment. RECEIPT JEFFREY EPSTEIN I. STATE OF FLORIDA 4DCA#: 4D09-2554 Receipt # R2009-1015476 Method of Payment: CK Check # 25986 PAYER:El Filing Fee: $300.00 Total: $300.00 EFTA00183957 cc: Barbara J. Com iani Jack A. Goldberger Robert D. Critton, Jr. State Attomey-P.B. U.S. Attomey'S Office Deanna K. Shullman Spencer T. Kuvin William J. Berger Hon. Jeffrey J. Colbath EFTA00183958  DISTRICT COURT OF APPEAL tU FOURTH Duna= 0171415532992 C..) re 1525 PAUA BEACH Wass Rom Cr irr Warr Peas BEACH, Roam 33401 14 $0.44° 0 4 .0 I 07/01(2009 D. 1409td FrOC1334 01 co r CK 4D09-2554 U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 SG i -62313 EFTA00183959  IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 33401 FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL July 1, 2009 CASE NO.: 4D09-2554 L.T. No. : 20098CF009381A JEFFREY EPSTEIN STATE OF FLORIDA Appellant / Petitioner(s), Appellee / Respondent(s). BY ORDER OF THE COURT: ORDERED that the motion to file under seal is granted. ORDERED FURTHER that this court grants the Motion to Use One Appendix to Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review Denial of Stay. ORDERED FURTHER that this court grants petitioners Emergency Motion to Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009. order granting the motion to unseal is stayed pending further order of this court. ORDERED FURTHER that within ten (10) days of this order respondent shall show cause why the petition should not be granted. Respondent shall address this court's jurisdiction to review the order as well as the merits of the petition. ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. I HEREBY CERTIFY that the foregoing is a true copy of the original court order. Served: Sharon R. Bock, Clerk Jack A. Goldberger Robert D. Critton, Jr. U.S. Attorney's Office Deanna K. Shullman Spencer T. Kuvin William J. Berger Hon. Jeffrey J. Colbath dl Fourth District Court of Appeal EFTA00183960  DISTRICT COURT OF APPEAL Fouorm Dew 0171415532992 1525 Pa BEACH LAKES Eiwo. WEST Nut BEACH, Flamm 33401 $0.442 . I 07/0112009 US POSTAGE Mallet! ifrOln .3340 1 DL 4D09-2554 U.S. Attorney'S Office Southern District 500 South Australian Avenue Suite 400 West Palm Beach, FL 33401 6237It n a 1i U 1,.11,,,Ii.,i,ilil 11,11nish6161.1,11.,ill EFTA00183961  IN THE DISTRICT COURT OF APPEAL FOURTH DISTRICT OF FLORIDA CASE NO. 4D09-2554 JEFFREY EPSTEIN, Petitioner, vs. STATE OF FLORIDA,16LM BEc H NEWSPAPERS, INC., IE., a nd Respondents. Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Case Nos. 2006 CF 9454AMB, 2008 CF 9381AMB PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH Paws RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI THOMAS, LoCICERO & BRALOW PL Deanna K. Shullman James B. Lake 101 N.E. 3rd Avenue, Suite 1500 Ft. Lauderdale, Florida 33301 EFTA00183962  TABLE OF CONTENTS TABLE OF AUTHORITIES INTRODUCTION 1 JURISDICTION 2 NATURE OF THE RELIEF SOUGHT 2 STATEMENT OF THE CASE AND FACTS 3 SUMMARY OF THE ARGUMENT 7 ARGUMENT 8 I. STANDARD OF REVIEW. 8 II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 8 A. The NPA was not Properly Sealed in the First Instance. 8 1. Closure of the Non-Prosecution Agreement Improperly Occurred without a Motion, Notice, Hearing, or a Proper Order. 11 2. Closure of the Addendum Improperly Occurred without any Procedures to Protect the Right of Access at all 12 B. No Basis Exists for Current Closure of the Non-prosecution Agreement or Its Addendum 13 1. Petitioner Cannot Identify a Rule 2.420(cX9) Interest that Warrants Closure. 16 2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Fla. 2008) Did Not Preclude the Lower Court's Orders Unsealing the NPA. 19 3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's Orders Unsealing the NPA 21 CONCLUSION 25 CERTIFICATE OF SERVICE 26 EFTA00183963  TABLE OF AUTHORITIES Federal Cases Craig I Harney, 331 U.S. 367 (1947) 8 Doe I Hammond, 502 F. Supp. 2d 94 (D.D.C. 2007) 24 In re Grand Jury Investigation of Ven-Fuel, 441 F. Supp. 1299 (M.D. Fla. 1977) 23, 24 Lockhead Martin Corp. I Boeing Co., 393 F. Supp. 2d 1276 (M.D. Fla. 2005) 23 Oregonian Publishing Co. I United States District Court, 920 F.2d 1462 (9th Cir. 1990) 9 U.S. I Rosen, 471 F. Supp. 2d 651 (E.D. Va. 2007) 23 United States I Kooistra, 796 F.3d 1390 (11th Cir. 1986) 9 State Cases Anderson I E.T„ 862 So. 2d 839 (Fla. 4th DCA 2003) 8 Barron I Florida Freedom Newspapers. Inc., 631 So. 2d 113 (Fla. 1988) 10 Combs I State, 436 So. 2d 93 (Fla. 1983) 8 Doe I Museum of Science and History of Jacksonville. Inc., Case No. 92-32667, 1994 W 741009 (Fla. 7th Jud. Cir. June 8, 1994) 17 Fla. Sugar Cane League. Inc. I Fla. Dept. of Envtl. Reg., Case No. 91-2108 (Fla. 2d Jud. Cir. Sept 20, 1991) 22 Hous. Auth. of the City of Daytona Beach . Gomillion, 639 So. 2d 117 (Fla. 5th DCA 1994) 21 In re Amendments to Florida Rule of Judicial Administration 2.420 954 So. 2d 16 (Fla. 2007) Sarasota Herald Tribune. Div. of the New York Times Co. I. Holtzendorf, 507 So. 2d 667(Fla. 2d DCA 1987) 9 Sarasota-Herald Tribune I State, 924 So. 2d 8 (Fla. 2d DCA 2QQ6) 2 Sentinel Communications Co. I Watson, 615 So. 2d 768 (Fla. 5th DCA 1993) 9 Wallace I Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997) 21 ii EFTA00183964 Other Authorities Fla. Const. Art. I, § 23 18 Fla. Const. Art. I, § 24 2 Fla. R. App. P. 9.100(d) 2 Fla. R. Jud. Admin. 2.420 18 iii EFTA00183965  INTRODUCTION This appeal concerns attempts to thwart public scrutiny of how government responded to the prostitution of children in Palm Beach County. In the order at issue below, the trial court correctly unsealed a non-prosecution agreement and its addendum. A predecessor judge found that the agreement significantly induced Petitioner to accept a plea agreement that allowed him to serve 18 months in jail for luring children to his Palm Beach mansion for "massages" or sexual activity. At the time that the non-prosecution agreement and its addendum (collectively "the NPA")