EFTA00208923.pdf

12/11/2007 11 :37 FAX a 002/099 KIRKLAND & ELLIS LLP NO ma MI IN It% Kenneth W Sten I o CAN NOW Ootelty Hiccintakc wcwouniMilacOrn Ikcember I I. 2007 O051530-6444 I lonomble R. Alexander Acosta United States Attorney United States Attorney's Unice Re: Jeffrey Epstein Dear Alex: As we discussed during our telephone conversations on both Friday and Monday (yesterday), we arc submitting two 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 federttl law: and second. our profound concerns as to the background and conduct of the investigation. Consistent with our conversations, we submit these letters with the assurance and understanding that our doing so in no manner constitutes a breach of the Non-Prosecution Agreement or unwinds that Agreement. We arc grateful for your courtesy in agreeing to receive and consider these submissions, and then to meet to discuss them. As you undertake your study and reflection. kindly allow me to make this pivotal point: In the combined 250 years experience of Jeffrey's defense team, we have together and individually concluded that this case is not only extraordinary and unprecedented. it is deeply and uniquely troubling. 'the constellation of issues. large and small. renders Jeffrey's matter entirely. ad generic. We say this not lightly. Indeed, as you will glean from our tsvo letters. we are gravely concerned that, in addition to its odd conceptualization and genesis, the matter in Rs day-to-day implementation has been handled in a manner that raises deeply troubling questions with respect to both federal policy and individual judgment in a system that is, at its best. assiduously devoted to the rule of law. The latest episodes involving 2255 notification to the alleged victims put illustratively in bold relief our concerns that the ends of justice. time and again, are nut being served. By way of illustration. but it is only one among a cascading list of grave concerns. we now understand that the Assistant United States Attorney w 1 • it act has troubled us from day one has quite recently reached out to the attorney for and CNcago Hong Kong London Munich Now 'stook Son rrancieco Washingla D.C. RFP MIA 000442 EFTA00208923 12/11/2007 1 1.37 FAX 6)003/089 KIRKLAND & ELLIS LLP Honorable R. Alexander Acosta Decemhcr I I. 2007 Page 2 pmvidcd oral notification of the victim notification letter. This notification. as we have slated time and again_ is profoundly unfair. But quite apart from our substantive concerns, which am abiding and which had prompted our appeal to the Assistant Attorney General in the ant 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 pmseeutorial actions is drippin with irony. We respectfully cull your attention to the transcript of the interview with and guide you -- as the duly confirmed Executive Branch official charged wit making Judgments consistent with our constitutional order — to the telling fact that Ms. Miler 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 provide that review, our defense team is very grateful. Respectfully Submitted. Kenneth W. Starr RFP MIA 000443 EFTA00208924 12/11/2007 11 :37 FAX la 004/099 KIRKLAND & ELLIS LLP near ru1tURA l'AtINLICAPrit J'y P I ellcowdz. P C I o C 'I Wr r wintildittand.Can December I I.2007 VIA FACSIMILE (305) 5.30-6444 I lonorable K. Alexander Acosta linked States Attorney United States Attorney's (Mice Re: .1rffix;v Epstein 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 dud this submission would neither be understood by you as constituting a breach of the Non-Prosecution Agreement ("Agreement- ) nor result in any unwinding of the Agreement by your Office. Implicit in this awl-I:mem is the understanding that I can share with you our concerns and request a review on the basis for these concerns. while at the same time assure my client that this submission will not in any respect result in formal ur informal repercussions or attempts by any member of the prosecution or investigative team to involve themselves in 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 Stem's letter to Alan Dershowitz faxed to you on December 7. 2007, in connection with the ameems we set forth in this submission. I. FEDERAL INVESTICATORS 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 cam %sae tirst interviewed by Detectiven the Palm Beach Police Department (the - PRPIT) and other state law enforcement officers. These interviews (the - witness statements- ) were often tape-recorded thus providing a verbatim and detailed record of the recollections of the witnesses nt a point in time prior to any federal involvement. Unfortunately. the police report authored by • Chicago Detective and Hong Kong certain affidavits executed by him contained both material misstatements I antinn Los Armpits munch San Francisco Washington. D C RFP MIA 000444 EFTA00208925 12/11/2007 11:37 FAX 005/099 KIRKLAND & ELLIS LLP K. Alcsander Acosta December I I. 21)07 Page 2 reganling the specifics or 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 intent with many of the same witnesses. We are aware that at least one federal interview 1 ) was recorded. We understand that Detective Recarcy provided his police report and certain affidavits to the federal authorities but did not provide the actual witness statements of the taped interviews to your Office or to the FBI. These witness statements constitute the best evidence available (they are 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 case. we summarize it in detail below. A. The Witness Statements !establish That Mr. Iln.tein Dirt Not Tame Masseuses tinder 18. Indeed, the witness statements demonstrate that the opposite is true. First. the evidence shows that the many of the masseuses were ei ghteen or over. ineludin and at the time they visited Mr. Epstein's home. Also, there is substantial evidence, linind 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 PftPI): told me to say I was IS because said . . . if you're not then he [Epstein' won't really let you in his house. So I said I was Ir. Detective Recarey. 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 lact. old me to say I was 18 because -lid tell him you're IS because if you're not, then he won't really let you in his +use. Su 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 I kind of said it really fast because I didn't want to make it sound like I was lying or anything. (Swum Statement of 3/I 5/05). Q: Did he ask von your age? A: Yeah. I mid him I %%as IS. (Sworn Statement of 10/05/05). RFP MIA 000445 EFTA00208926 12/11/2007 11:38 FAX la 008/089 KIRKLAND & ELLIS LL(' K. Alexander Acosta December 11.2007 Page 3 Q: Did he know your age? A: I don't think — I think he did. wni: like oh. well if they ask you how old are you just say you re Lit c :set cr .tsked me how old I was. 1 thought you had to be IS to give a massage (inaudible). (Sworn Statement of 12/13/05) • A: We were supposed to say we were I S. (1: Who told you that, to say that? A: (Sworn Statement of 11/8/05). • A: I told him I was IS. (Sworn Statement of 10/3/05). • concerning Well with don't know how old she is because she lied about her age. She lied In me when I first met her. When 1 was IR she told me she was I& (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 lb so she lied to me about her age. (Sworn Statement of 10/03/051) • 0: Now. how old were you when you first started going there? A: Eighteen. I'm 19 now this last March." (Sworn Statement of 10/12/05). • Q: And all this occurred when you were IS though? I In addition to giving a swam mmement au the MINI Station. nnversat ions with I )eteet v while being muisported to illki from the station were also re . -his ew:erpt taken from the act in of raveling from the Mahon. RFP MIA 000446 EFTA00208927 12/11/2007 11:38 FAX la 007/089 KIRKLAND & ELLIS LLI' R. Alexander Acosta December I I.2007 Page 4 A: I Ih-huh. I had been DI for like 8 months, nine months already. My birthday is in June so I had been 18 for a while. (Sworn Statement of 2/3/05). • Q: Okay. Flow old arc you now? You're - A: I'm 20 Q: You're 20. So a couple months ago you would have been what. 19? A: tlh-huh. Q: Alright. So July. August you would have been 19.20. On the verge of 20? A: Llh-huh. (Sworn Statement of 11/4105) We believe that other witnesses have similarly told the FRI 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 offenses was far less compelling than the inaccurate police reports suggest. B. Reflective a Made Crucial Misstatements in the Police Henna 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. Time alter time, we found statements in the Police Report attributed to statements made in the sworn recordings that either simply were not said. or in some instances. arc flatly eontradiewd, by the witness who purportedly made the statement. In fact, they ellen stand in stark contrast to representations made by I klAtlia in both the official Police Report and in affidavits signed by him under oath . We highlight the most significant ones identified to date: • el Not Report that Epstein Told Her to Lie Ahout her Age [he Probable Cousc Affidavit indicates that during her sworn statement advised that during her frequent visits Epstein asked for her real age.. state WAS sixteen [and thatI Epstein advised her not to tell anyone her rea a Probable Cause Affidavit at II. That statement appears nowhere in swum statement. RFP MIA 000447 EFTA00208928 12/11/2007 11.38 FAX a 008/099 KIRKLAND & ELLIS LLI' R. Alexander Acosta December I 1. 2007 Page 5 • DidNut State that Epstein Photographed Her I laving Sex Detective also reports as claiming shut "Epstein would photograph Marcinkova and her naked andrwing sex and proudly dis lav the photographs within the home." Id at 12. Again, this statement is not in sworn statement. To the contrary. the transcript reflects that stated: "I was just like. it was me standing in front of a big white marble bathtu ... 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 wax standing up. I think I was standing up and I just like. it was me kind of looking over my shoulder kinda smiling, and that was that." Sworn Statement of 10/11/05 at 35. 2 'aid Epstein Did Not Touch Her Inappropriately tee' we recounts that advised that "P.pstein grabbed her buttocks and pulled her close to him. ron e .ause Affidavit at 6. See also. Police Report (10/07/05) at 30 (same). ever made this statement. In fact. when Detective asked. "He did no ouch you inappropriately?" responded. - No.- Sworn Statement of 10/04/05 at I I. • War Nut Sixteen When She First When to Epstein's I tome. Detective states: • also stated she was sixteen years old when she first went to Epstein's house . Incident Kepon at 52. lowever. affirmatively states that she was seventeen when she first went to Epstein's home: "U: Okay. How old were you when you first went there? A: Seventeen. Q: Seventeen. A: And 1 was 17 the last time I went there too. turned IS this past June". Sworn Statement of 11/14/05. fold Detective Keeney that Epstein Did Not Take out Sex Toys. Epstein Pmhahlc Cause Affidavit at 14: see also Police Report (11/10/05) at 49 C'Epstein 'this statement appears nowhere in the transcript of-sworn 21.11/Als interviewed by Oacclivveice. once by telephone. and once in person. The portions of thc Police Report to which we refer specific:all) cite the interson interview of as the source for the inlbrmation nponcd. We have reviewed the reconling of that interview and base the coniretrison on that review. We have never Nand a recording of the telephone intervievi. RFP MIA 000448 EFTA00208929 12/11/2007 11:38 FAX QI009/093 KIRKLAND & ELLIS LLP R. Alexander Acosta December I I. 2007 Page 6 statement. In fuel. when Deicelive asked whether Mr. Epstein had "ever mkt] out any toys,"Illinesponded. "No." Sworn Statement of 11/08/05 at 17. • Nil Nov Recall Mr. Epstein Masturbating Detective Meottnts that-"advised she was sure [Mr. Epstein' was inasitirbating based on his hand movements going up and down on his penis area.- Probable Cause Affidavit at R. See also Police Report ( I 0/07/05) at 35 (same). Detective account is in direct contradiction to true statement. specilically: Q: Okay did he ever take off— did he ever touch himself? A: I don't think so. Q: No. Did he ever masturbate himself in front of you? A: I don't remember him doing that. Ile might have hut I really don't remember. (Sworn Statement of I0/05/05 at 7). • Juan Alessi Stated that Only One Girl Looked Young Police Report at 57: "Alessi stated that towards the end of his employment the masseuses were younger and younger- . However, he said no such thing: Q: Did they seem young to you? A. No. sir, Mostly no. We saw one or two young ones in the last year. Before that. it was all adults . . . I remember one girl was young. We never asked how old she was. It was not in my job . . . But I imagine she was 16. 17". (Sworn Statement of I I/21/05) C. Detective 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 omixsions, both of facts known to the POPD and also of facts not known to the POPO, though known by the State Attorney. In the latter instance. the luck of knowledge was the result of the PBPD's refusal to receive the exculpatory evidence. In feet they refused to attend a meeting called by the State Attorney specifically to provide the relevant evidence. Thus. the Police Report and Pmbahle Cause Affidavit only affix a skewed view of the facts material to this matter. examples follow. 1. The Video Surveillance Equipment Located in Mr. Enteln's Office and G'arame. Ruth the Police Report (at 43) and the Probable Cause Affidavit (at IS) make RFP MIA 000449 EFTA00208930 12/11/2007 11:39 FAX 8010/099 KIRKLAND & ELLIS LLP R. Alexander Acosta December 11.2007 Page 7 particular mention of the "discovery" of video surveillance equipment (or "coven cameras" as they are called) in Epstein's garage and library/office. Inclusion of this information insinuates a link between the equipment and the events at issue: in the Probable Cause Affidavit fletectiv. states. "on the flat floor of the IEpstein' residence I [Detective Sund two covert cameras hidden within clocks. One was located in the garage and the other located in the library area on a shell' behind Epstein's desk . . . The computer's hard drive was reviewed which showed several images of and other witnesses that have been interviewed. All of these images appeared 10 come from the camera positioned behind Epstein's desk". See Probable Cause Affidavit at 1K. Clearly omitted from both the Police Report and the Probable Cause Affidavit is the fact that the PIM and specifically Detective knew about the trAMCM since they were installed in 2003. with the help of w D, to address the theft of cash from Epstein's home. 'Ibis fact is detailed in a Palm Beach Police Report prepared in October 1003 detailing the thefts. the installation of video equipment. the video recording capturing Juan Alessi (Mr. Epstein's then house manager) "red handed-. and the incriminating statements made by Alessi when he was confronted at the time. See Alessi Police Report at 5. R. The contemporaneous police report confirms the fact that the video footage was turned over to Detective himself. 2. Polygraph Examination (mann. On May 2. 2006. Mr. Epstein submitted to a polygraph examination by NUM Slattery. a highly respected polygraph examiner who is regularly used by the State Attorney. The examination was done at a time when we were told that the sole focus of the investigation was the conduct with Mr. Epstein was asked (a) whether he bad "sexual contact with (b) shcther he "in anyway threatenledi (c) whe cr w was o t by that she was IR years LI whether he "believed vas years old". As set forth in the Report or the examination. the term "sexual contact" was given an extremely broad meaning in order to capture any inappropriate conduct that could have occurred) The results of the examination confirmed that (i) no such conduct occurred: (ii) Mr. Epstein never threatened (iii) told Mr. Epstein she was 18 years old: and (iv) Mr. Epstein believed .as K vests old. Ile deiinninn included: - soda' intercourse. oral sex acts (penis in mouth ur 'initial on vagina). linger penetration of the vagina. linger penetration of the anus. touching of the vagina for sexual gratification purposes, touching orate penal for sexual gratilieat.on purposes. niamurbalion by at to :another. hushing or rubbing of toe breasts. or any other physical contact involving :sexual ihoughis :rod or desire. with another person". RFP MIA 000450 EFTA00208931 12/11/2007 11:38 FAX x011/088 KIRKLAND & ELLIS LLP R. Alexander Acosta December I I. 2007 Page 8 3. Broken "Sex Top" i►► Mr. Epstein's Trash. The Police Report details the police finding in Mr. Epstein's trash what is described as broken pieces of a "sex toy" and that this "discovery** purportedly corroborated witness statements. Omitted from both the Police Report and the Probable Cause Affidavit is the fact that during the course of executing the search warrant in Epstein's home, the police discovered the other piece of that key "sex toy" and milted it was in fact 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 Ernelpatory or Impeaching Evidence. Other exculpatory and impeaching evidence known by the PBPD tau omitted from the Police Report and Probable Cause Affidavit by, in our view, manipulating the date the investigation was allegedly closed. According to the Police Report tat 85). Detective "explained Ito ASA Itclohlavek) that the PBPD had concluded its case in of 2005". That assertion, which is false. conveniently resulted in the omission of all inlbnnation adduced subsequent to that dale. 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 ii released to the public, all the exculpatory and evidence impeaching the witnesses submitted on behalf of Mr. Epstein. most of which was provided idler December 2005. That evidence is listed below. 5. Unreported Criminal Histories and Mental Health Problems of Me Witnenes Relied on 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 witm.-1 4 / ws are sufficiently credible to support a finding of probable cause, let alone to sustain what would be the prosecution's burden of proof at a trial.4 Though such evidence was submitted to the PBPD. none of it was included in the Police Report or the Probable Cause Affidavit. • Juan Alessi: While the Police Report (at 57) and the Probable Cause Affidavit (at 2I ) contain assertions by Alessi. which allegedly support bringing a criminal charge. the evidence revealing. Alessi's evident mental instability: prior criminal conduct against Epstein: and bias towards Epstein is notably omitted. As detailed above. in 2003, Alessi was filmed taking money from Epstein's home. After being caught on videotape unlawfully entering Epstein's home and stealing cash from a briefcase, 1 Whit,: WC haw never intended to and do not here seek to watuitously coo aspersions on any of tlw witnesses. in previously asking the Stale and now asking you to evaluate she strength of this ease, we have been constrained to point out the fact thin the alleged victims chose to present themselves to • world through MySpace profiles with self-selected monikers such as - Pimp Juice- and' ' or with nude photos. RFP MIA 000451 EFTA00208932 12/11/2007 11:40 FAX ill 012/099 KIRKLAND & ELLIS LLP R. Alexander Acosta December 11, 2007 Page') Alessi admitted to the PRPD that he entered the house unlawfully on numerous occasions, stealing cash and attempting to steal Epstein's licensed handgun to commit suicide. Although this information was known by Detective at the time the Police Report and Probable Cause Affidavit were prepared. and is clearly material to any determination of credibility. it was omitted. • was the source of the vast majority of the serious clowns tags( Epstein. While the Police Report and Probable CUM: Affidavit rely on numerous assertions, them are two significant problems with that reliance. First there is no mention al certain critical admissions made by during her interview, as well as on her MySpace %%vilage (discovered by defense investigators and turned over to the State Attorney). Second. all but omitted from the Police Report is an • reference to the facts known about her by the PBPD. specifically. that at the time was making these assertions she had been arrested hr the PBPD and was being prosecutedjar possession 4 marijuana and drug paraphernalia. We take each in turn. • Admits Voluntary Sexual Conduct With Epstein. tan to ac ose Me Disposition of /be Monies She Lamed. and Lies About Being "Chen" a Car by tifiin: Detective thiled to include in the Police Report admission that on one ns occasion she engaged in sexual conduct with Epstein's girlfriend us her hirthda " ill"' to Epstein. Nor does Detective S fact that include the lady refused to discuss with him the disposition of the thousa &Jars 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 wail to buy some weed " Detective a was aware the car had been rented. not purchased and only ii was only leased on a monthly basis for two months. While fanciful claim that she was given a car appears in the Police Itcport, it is never corrected. itt Arrestedfor Possession ofMarijuana and Drug amp tern sit As noted. on September I I. 2005. was arrested tbr possession of marijuana and drug paraphernalia. In response to this arrest. ="came forward" (as the Probable Cause Affidavit implies at FOTiT), claiming she had knowledge of "sexual activity taking place" at Epstein's residence and misconduct by Epstein. ('Ibis "coming forward" appears 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. RFP MIA 000452 EFTA00208933 12/11/2007 11 40 FAX 51013/099 KIRKLAND & ELLIS LLP R. Alexander Acosta December 11.2007 Page 10 • Steals From a Victoria's Secret Stun. An Investigation y private investigators working for the defense revealed that in late 2005 MI was employed at a Victoria's Secret store in Florida. Three days after her marijuana case was laminated. !fall was caught by a store manager asattempted to leave the more with merchandise in her purse, the security tag Mill attached. Seeing the manager. claimed "someone is trying to set me up". Following an internal investigation, which disclosed additional thefts from both the store mid a customer. she was fired. In a recorded interview. admitted to stealing and asserted that her reason for doing so was that "she was not gening paid enough". This information and supporting documentation was presented to the PDPD. but was never included in the Police Report or Pmbahle Cause Affidavit. • ics on MySpace About Victoria's Secret Store Inntination. Also uncovered by defense investigators is dissembling version of the Victoria's Secret debacle on her "MySpace" webpage. There, announced that she ". . . forgot to let everyone know I quit my job at M. They said they suspected me of 'causing losses to their company' which by the way is bullshit. I was 'by the book' on EVIIRYTIIING!!! . . . I got o fed up in that office that I handed the Loss Prevention lady back my keys and walked nut". This information and supporting documentation was provided by the defense to the PBPD, but was not included in the Police Report or Probable Cause Affidavit. • Lies on her Victoria's Secret Job Application. Additional d information on MySpace webpage 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 so funny I used (my boyfriend) as one of my references for my Victoria's Secret job and the lady called me back and told me that William fucker gave me such an outstanding reference that she did not need to call anyone else hack... . he got me the job! Just like that . .. I lied and said he was the old stock manager at Mister she bought „" This information and supporting documentation was provided by the defense to the PRPD, but was not included in the Police Report or Probable Cause Affidavit. • Roast About Her Marijuana Use. Also on her y pace we page can be Mond admissions of purchasing and using marijuana and marijuana paraphernalia. Specifically, -states she "can't wail to buy some weed!!! . can't wait!!! . . . (I told on: RFP MIA 000453 EFTA00208934 12/11/2007 11:40 FAX a 014/098 KIRKLAND & ELLIS LLP • R. Alexander Acosta Di:ember I I, 2007 Page 11 let me say that again) I can't wait to buy some weedn I also want to get a vaporizer so I can smoke in my room because apparently there arc 'nares' everywhere". also posted a photograph of a marijuana cigarette and labeled it "what heaven looks like to me". This information and supporting documentation was provided by the defense to the PBPD, 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 (au 47) and in the Probable Cause Affidavit to marijuana arrest (at fil- 1 l )). • : While the Police Report and Probable Cause Affidavit contain numerous as. ions intended to negate taped admission that she clearly told Epstein she was IR, omitted from t ewe moments is reference to MySpace webpage. presented to the State Attorney's Office, where . in no connection to this case, she teirmatively represented to the world that she was /8. thereby corroborating her lie to Epstein. Also omitted is any reference to her long history of run-ins with law colons:mem. Among those arc multiple runaway complaints by her parents and her assignment to a special high school for drug abusers. • *Space Webpage Slates She Drinks, Uses Drugs, Gels m u ran de, Has Reaten Someone Up, Shoplifts. Has Lost her Virginity, Earns 5250.000 and Higher, and Contains Naked and Provocative Photographs. The first image seen on MySpace wetmage, the photo chose to represent her. is that of a naked woman provocative mg on the beach. The illuminating webpage also contains ssertions that of all her body pans. she "love[sj her ass". she drinks to excess. uses drugs, "gets into trouble', has beaten someone up. has simplified "lots". "already lost" her virginity, and cams "$250,000 and higher". As with the other impeaching information, this material, vital to determining enzlibility, was provided by the defense to the PUN) but was never included in the Police Report or Probable Cause Affidavit. 'a Record — Drugs. Alcohol, Running Away From °MC as 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 Mee Report details how only two days alter she returned to Florida to live with her father, on March 31, 2004. 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 as Ishii could barely stand up. • RFP MIA 000454 EFTA00208935 12/11/2007 11:41 FAX S015/099 KIRKLAND & ELLIS LIP It. Alexander Acosta December I I, 2007 Page 12 IhcrJ eyes were bloodshot. and Pied pupils were diluted frier. It further documents that and her sister had stayed out all night 'crc retumed home by a "drug dealer". This event coincided with wing been found at an "ina ro date location" by Georgia po tee in response to a call nboul 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 ft and Probable Cause Affidavit rely on statements of father. his federal hank fraud conviction. which dctense mvestignicas discovered and turned over to the PIIPI) during the course of the investigation, was omitted. served 21 months in federal prison for his offense. • While the Police Report and Probable Cause Affidavit rely on statements of stepmother. omitted is state conviction for identity fraud. This information. uncovers, y efense investigators. was also turned over to the PBPD during the course of the investigation. In leitht Of The (.7omneoniised Nature Of The Evidence. A Fulsome Review Should Be Conducted. These tainted and inaccurate reports compromised the federal investigation.' As you may know. the PBPI) 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 tlx: FBI for giving Mr. Epstein massages. As we have shown. these reports contain multiple fabrications, omissions. and outright misstatements or fact. Moreover. the evidence and the allegations were undeniably misrepresented to the FBI. with no inclusion of the evidence exposing tlx: deficiencies of the - proof" 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 hc'cn informed that the Flit identified and then interviewed lidditivasal potential witnecses, many of their discoveries an: believed to have emanated f