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epstein court records
← Back to MJ v. Epstein, No. 9;10-cv-81111 (S.D. Fla. 2010)
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Case Document Entered on FLSD Docket Page of BE IT REMEMBERED that the following proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO one of the judges of the aforesaid court at the Palm Beach County Courthouse located in the City of West Palm Beach State of Florida on June beginning at oclock a.m with appearances as hereinbefore noted to wit THEREUPON MR GOLDBERGER Good morning Judge Jack Goldberger on behalf of Jeffrey Epstein THE COURT Good morning MR GOLDBERGER Your Honor we are here for a plea conference THE COURT Raise your right hand THEREUPON JEFFREY EPSTEIN after being called as a witness by the Defense and after being first duly sworn by the Court was examined and testified as follows THE DEFENDANT Yes maam THE COURT Is this one case or two MS BELOHLAVEK Two THE COURT May I see the PC PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of affidavit in both cases please MS BELOHLAVEK There are no PC affidavits There was originally an Indictment the second charge was filed arising out of the booking It was all testimony presented to the grand jury THE COURT Let me see the Indictment then I have one Indictment one Information MS BELOHLAVEK Correct THE COURT So one case is charged by Indictment one is ch rged by Information MS BELOHLAVEK Correct THE COURT In case you are charged with procuring a person under for prostitution a second degree felony maximum penalty of fifteen years Department of Corrections minimum some period of probation No mandatory minimum apply is that correct State MS BELOHLAVEK Correct THE COURT And in case number you are charged with felony solicitation to prostitution a third PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of I degree felony punishable by a maximum penalty of five years in the Department of Corrections and a minimum probation No mandatory minimums correct MS BELOHLAVEK Correct THE COURT The defendant has no prior criminal record MS BELOHLAVEK Correct MR GOLDBERGER Yes Your Honor THE COURT You checked the NCIC as well as State records MS BELOHLAVEK Yes THE COURT And the guideline score sheet I have before me shows months in the Department of Corrections as the lowest permissible prison sentence in months Both sides agree to the preparation of the guideline score sheet MR GOLDBERGER We so agree Your Honor MS BELOHLAVEK Yes THE COURT What is proposed it goes on for pages MR GOLDBERGER Your Honor much of the documentation is acknowledgement by my PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of client to community control sex offender status THE COURT I understand Okay What is proposed those are the maximums and minimums Mr Epstein What is proposed is that you will be pleading guilty to felony solicitation to prostitution and procuring a person under for prosecution A PSI would be waived you would be adjudicated guilty of both felonies is that correct MS BELOHLAVEK Correct THE COURT And on the defendant to be sentenced to 12-months in the Palm Beach County detention facility Hes going to do time in the jail MS BELOHLAVEK Yes THE COURT With credit for one day served And on he is to be sentenced to six months in the Palm Beach County jail detention facility with credit for one day served And the six month sentence is to be served consecutive to the month sentence PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of MS BELOHLAVEK Correct THE COURT Following the six months sentence the defendant will be placed on 12-monthi of community control one The conditions of the community control are attached hereto and incorporated herein As a special condition of community control hes to have no unsupervised contact with minors and the supervising adult must be approved and I would say pre-approved approved ahead of time not after the fact by the Department of Corrections And you would mean by that his community control officer MS BELOHLAVEK Correct THE COURT The defendant is designated as a sexual offender pursuant to Florida Statute and must abide by all the corresponding requirements of the statute a copy of which is attached hereto and incorporated herein The defendant must provide a DNA sample in court at the time of this plea Is this the and the attachments are the terms and conditions of community control There are some PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of squiggles on the bottom of the page what would those squiggles be MR GOLDBERGER Thank you Your Honor those are my clients signature acknowledging that we have gone over all the conditions THE COURT One page after the plea sheet that really spells out the terms and conditions of community control Florida Statute Mr Epstein is that squiggle at the bottom your squiggle THE DEFENDANT Yes maam THE COURT Would those be your initials THE DEFENDANT Yes maam THE COURT Did you read all of that page THE DEFENDANT Yes maam THE COURT Can you read THE DEFENDANT Yes maam THE COURT How far did you go in school THE DEFENDANT High school THE COURT Thats your highest degree PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE DEFENDANT Yes THE COURT And is this your signature on the plea sheet that recites the terms of the plea I just read THE DEFENDANT Yes maam THE COURT Did you read that document as well THE DEFENDANT Yes maam THE COURT You understand once you do your months followed by your six months all in the Palm Beach County jail you will then be put on community control which involves having an electronic monitor attached to you and MR GOLDBERGER Actually Your Honor the agreement of the parties is to its community control one which is not monitor THE COURT Oh community control one is that spelled out in here MS BELOHLAVEK Yes MR GOLDBERGER Yes it is Your Honor MS BELOHLAVEK He does not fall under the Jessica Lunsford Act which requires the bracelet PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE COURT Community control two MS BELOHLAVEK Correct THE COURT Community control one that would be no electronic monitor MR GOLDBERGER That is correct THE COURT Now which of the terms and conditions of community control one are you incorporating MR GOLDBERGER I can go through them with Your Honor THE COURT None of the them appear to be articulated in the plea sheet which is why Im asking MR GOLDBERGER These are the standard conditions of community control by statute would apply to anyone that goes on community control and out of an abundance of caution we simply memorialized those standard conditions in the plea sheet agreement THE COURT The Court shall require intensive supervision and surveillance for an offender placed on community control which may include but is not limited to specified contact with the parole and PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of probation officer specified by who PROBATION OFFICER Specified by you Your Honor THE COURT I dont see that in the plea sheet Thats why Im asking the questions No one has specified how often how frequently he is to have contact with his parole and probation officer Confinement to an agreed upon residence during the hours away from employment and public service activity has that been articulated MS BELOHLAVEK I believe Judge Mcsorley has a standard order somewhere on the bench up there regarding this Im told by the prosecutor MS LENHARDT Judge usually this is the probation sheet she hands out to folks THE COURT I have seen those sheets I have seen them incorporated in plea agreements which is why Im asking MR GOLDBERGER I see THE COURT Is there some reason you didnt use this particular document in this case PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of MS BELOHLAVEK I didnt realize until Ms Lenhardt just told me that Judge Mcsorley has that MR GOLDBERGER Wed be happy to execute that document Your Honor we were we overreacted by just having him sign off on all conditions of community control THE COURT Well this is MR GOLDBERGER Perhaps the better practice would be THE COURT This is the reason Judge Mcsorley does this which makes ultimate sense is were going to be here half the morning if were going decide among ourselves now what the MR GOLDBERGER That makes sense THE COURT Im not going to leave this just unspecified MS BELOHLAVEK We can take care of that right now if you could give us a few minutes THE COURT All right These are the standard conditions that Judge Mcsorley normally uses If you like them you need to circle the ones that PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of apply and everyone must initial them we will go over it If you wish to change you understand there is quite a bit of latitude given the court in putting somebody on community control If you agree to some change let me know but understand at the outset that Im a big fan of specificity I want to know what he will be doing for employment I want to know exactly where he is going to.be living and I want it on the record now rt can change but it can only change with preapproval by DOC I want it crystal clear I dont want the community control officer who gets this case the day he walks out the Palm Beach County to have any doubt or confusion as to exactly what this defendant is supposed to do where he is supposed to be when exactly what I am requesting that officer to supervise MS BELOHLAVEK Absolutely THE COURT Okay MR GOLDBERGER We will work on it Thank you Your Honor THE COURT We will recall that case PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of Brief recess MR GOLDBERGER Your Honor we are back on Jeffrey Epstein actually it worked we had an opportunity to go through Judge McSorleys conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly They were very helpful and we executed the document MS BELOHLAVEK Yes and Your Honor this defendant doesnt fall under the sex offender probation but we have included special sex offender conditions as part of the community control and they are all circled there THE COURT The plea agreement stated the defendant is designated as a sexual offender pursuant to Florida Statute MS BELOHLAVEK Correct But the sex offender probation the statute is different and only applies to certain offenses and this one was not enumerated THE COURT Okay I want to make PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of sure both I and the defendant are clear The sexual offender statute you are referring to in the plea sheet is the one that requires registration MS BELOHLAVEK Correct MR GOLDBERGER Correct THE COURT And we will talk about that MR GOLDBERGER Okay THE COURT But it is not the one that requires the special conditions of sex offender probation MS BELOHLAVEK Correct THE COURT Now rather than do you want me to disregard Hes read it MS BELOHLAVEK Hes read it THE COURT We will leave it in there But these conditions we are going to go over right now are going to be viewed in my mind yes and they have been signed by the defendant and we will go over that in a second as a part of the whole plea MS BELOHLAVEK Correct THE COURT So circled are PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of conditions A you will remain confined to your residence except one half hour before and after your approved employment community service work or any other activity approved by your probation officer you will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request My understanding about the daily log maybe Im just confused from other cases Ive heard is the daily log is a weekly log I guess it is submitted ahead of time is that correct PROBATION OFFICER That is correct Your Honor THE COURT So part A where he has to stay in his residence except for one hour before and after the approved employment community service work and other activity All thats information that will be recorded in writing and the defendant will have a copy and he will know exactly where he is supposed to be when PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of PROBATION OFFICER That is correct Your Honor THE COURT As will his supervising probation officer And then to document that hes supposedly done all that he himself will be keeping a daily log PROBATION OFFICER That is correct Your Honor THE COURT And the log form will be provided by the department and he will be turning that in every time he meets with the probation officer PROBATION OFFICER That is correct Your Honor THE COURT Okay So that applies and applies Does apply No MS BELOHLAVEK Did I circle THE COURT No made one up the defendant will be residing at El Brillo Way Palm Beach Florida knows now that thats where he will be living when he is released after his months and six months He MR GOLDBERGER That is correct Your Honor PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE COURT Thats a private residence MR GOLDBERGER That is his home THE COURT Does he own th residence MR GOLDBERGER He does Your Honor THE COURT Is there any possibility that he no longer owns the residence MR GOLDBERGER Not anticipated Your Honor THE COURT Okay for whatever reason Should he not be 18-months is a long time should he not be owning that residence or able to reside there he will have the obligation of notifying his probation officer prior and I emphasize this prior to his release from custody I assume that the department will be notified prior to to his release PROBATION OFFICER That is correct Your Honor THE COURT And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and verify his address and employment PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of information PROBATION OFFICER That is correct THE COURT All address I assume all of this to and from work and any other approved activities restricts him to Palm Beach County is that correct PROBATION OFFICER That is correct Your Honor THE COURT So lets be clear everything from the day he walks out occurs in Palm Beach County is that clear MR GOLDBERGER We understand Your Honor Thats correct THE COURT Then the additional condition of his probation they are not sex offender standard conditions they are just conditions that are being imposed especially in this case MS BELOHLAVEK Correct THE COURT They are as follows you shall submit to a mandatory curfew from p.m to a.m regardless of any other restrictions regarding work or approved activity there will be no exceptions to being at home in house from p.m to PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of a.m is that correct MS BELOHLAVEK Yes THE COURT If the victim was under age of years which I gather is the case because its circled you shall not live within feet of a school day care center park playground or other place where children regularly congregate Has someone verified that El Brillo is such a place MS BELOHLAVEK No but that will be done prior to his release THE COURT So El Brillo will not be approved if it should happen to be one thousand feet from a school day care center park playground or other place this is rather open MR GOLDBERGER gather Where children THE COURT Where children regularly congregate MS BELOHLAVEK Right THE COURT The Court knows El Brillo Way is a residential neighborhood are there areas there where children PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of regularly congregate MS BELOHLAVEK I personally do not know THE COURT Neither do I which is why Im asking Has that been investigated MR GOLDBERGER We have done our due diligence for what it worth there is a residential street There are not children congregating on that street We think the address applies if it doesnt we fully recognize that he cant live there THE COURT Okay Dis you shall not have any contact with the victim are there more than one victim MS BELOHLAVEK Theres several THE COURT several all of the victims So this should be plural Im making that plural You are not to have any contact direct or indirect and in this day and age I find it necessary to go over exactly what we mean by indirect By indirect we mean no text messages no e-mail no Face Book no My Space no telephone calls no voice mails no PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of messages through carrier pigeon no messages through third parties no hey would you tell so and so for me no having a friend acquaintance or stranger approach any of these victims with a message of any sort from you is that clear THE DEFENDANT Yes maam THE COURT And then it states unless approved by the victim the therapist and the sentencing court THE DEFENDANT I understand Okay THE COURT And the sentencing court So if there is a desire which I would think would baa bit strange to have contact with any of the victims the court must approve it MS BELOHLAVEK Correct THE COURT If the victim was under the age of which was the case you shall not until you have successfully attended and completed the sex offender program So is this sex offender program becoming a condition of probation MS BELOHLAVEK That is not I dont believe I circled that one PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE COURT You did MR GOLDBERGER Thats a mistake on our part Actually the statute that he is pleading guilty to does not require the THE COURT I understand that but you circled it MS BELOHLAVEK I apologize that one is not He has already been in treatment with a private psychiatrist THE COURT Which you find to be an adequate substitute for sex offender program MS BELOHLAVEK I it is not required and based upon the evaluation and my contact with that doctor I dont believe its necessary at this point THE COURT Has that been I assume you have a law degree and do not have a Ph.Din a psychology or MD in psychiatry MS BELOHLAVEK That is correct I dont THE COURT So it is just your judgement MS BELOHLAVEK Correct THE COURT that his treatment PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of with some fancy private psychiatrist or psychologist in his case is okay MS BELOHLAVEK That is correct THE COURT So you are not imposing MS BELOHLAVEK Correct THE COURT if the victim was under the age of you shall not work or play or as a volunteer in any school day care center park play ground or other place where children regularly congregate is that understood THE DEFENDANT Yes maam THE COURT Children will be defined as anyone under the age of There are a lot of places where children regularly congregate What kind of work do you do THE DEFENDANT Banking THE COURT Here in Palm Beach County THE DEFENDANT Virgin Islands maam THE COURT You understand you will not travel from Palm Beach County for the duration of this PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE DEFENDANT Yes maam MR GOLDBERGER Your Honor Im sorry to interrupt we do cover the employment later in the agreement as to what he is going to be doing during the one year that he is on community control THE COURT Okay And let me condition which is circled unless otherwise indicated in the treatment plan provided by sexual offender treatment program MR GOLDBERGER Thats not in there THE COURT Is that what you want MS BELOHLAVEK No THE COURT But you do want the you will not view own or possess any obscene pornographic MS BELOHLAVEK Correct THE COURT Okay But are you saying that this therapist can okay him to own certain pornographic material MS BELOHLAVEK No not at all MR GOLDBERGER No Your Honor THE COURT Would be really helpful if people read these things before they PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of signed them thoroughly Unless otherwise indicated in the treatment plan Im just going to strike out provided by the sexual offender treatment program Is that what you intend that his therapist can MS BELOHLAVEK THE COURT No MS BELOHLAVEK No No THE COURT Unless otherwise indicated MR GOLDBERGER The parties have agreed that during the period that he is cannot be THE COURT Condition will now read you shall not view own possess any obscene pornographic or sexually stimulating visual or auditory material including telephonic electronic media computer program or computer services that are relevant to your deviant behavior pattern And who is going to enforce that MS BELOHLAVEK The community control officer THE COURT How PHYLLIS A DAMES OFF 267ICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of MS BELOHLAVEK They have the obligation and included in there for warrantless search to check at any time his home his computer anything he has contact with THE COURT And do they regularly do that PROBATION OFFICER Yes maam THE COURT Since we have the pleasure of having someone from the Department of Corrections here Okay you shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered in the DNA data bank you shall submit to a warrantless search by your probation officer or community control officer of your person residence or vehicle where is the MS BELOHLAVEK That was under the original part not under the sex offender one THE COURT Okay Defendant to have contact with the community control officer PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of at a minimum one time a week Defendant to work at Florida Science Foundation Australian Avenue West Palm Beach Florida Is that volunteer work or work for pay MR GOLDBERGER It is a corporation that he has formed Your Honor that will be doing charitable work THE COURT That he has formed MR GOLDBERGER Yes THE COURT What exactly is Florida Science Foundation MR GOLDBERGER Do you want to explain THE DEFENDANT It funds science programs around the state and the country THE COURT How long has it been in existence THE DEFENDANT Fifteen years THE COURT How many programs has it funded THE DEFENDANT Numerous more than THE COURT What is your position with the organization PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE DEFENDANT President THE COURT Is there a board of directors THE DEFENDANT Yes maam THE COURT Whos on the board of directors THE DEFENDANT Two attorneys THE COURT What exactly do you do THE DEFENDANT banker but my Im an investment THE COURT No no I mean with the science foundation THE DEFENDANT We fund science programs THE COURT I dont want to know what we do I want to know what you do How often are you there THE DEFENDANT Im there every day I research I take in people who want to make presentations about why they need money for funding medical research advanced science research My background is in physics I go through all the programs in detail review the science work potentials I follow through on a daily PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of basis with what they have been given money to do THE COURT Who are some recent grantees THE DEFENDANT Harvard University There is a full program of Evolutionary Dynamics Neuro Science Institute of California the Physics Institute MIT THE COURT Do you ever have occasion to deal with anyone under the age of eighteen THE DEFENDANT Not very often is if someone is in college sorry THE COURT Right thats why Im asking the question It THE DEFENDANT Most of the people I fund are all usually professors THE COURT Thank you You understand that you cant have contact with anyone if this organization do they ever have any involvement with high schools THE DEFENDANT No maam THE COURT Students or teachers THE DEFENDANT No maam PHYLLIS A DAMES OFFICIAL COURT REPORTER Case Document Entered on FLSD Docket Page of THE COURT Okay MS BELOHLAVEK Those are duplicates you will see those are the same as the ones on the previous page however it was reproduced THE COURT The next condition you shall maintain a driving log You shall not drive a motor vehicle while alone without prior approval of your supervising officer If there was sexual contact you shall submit to at probationers or community controllee expense an HIV test with results to be released to the victims victims parent or guardian will be victims plural Has that been done MR GOLDBERGER Not yet THE COURT Do we have a time frame on that I would think.ASAP might be good on something like that MS BELOHLAVEK I believe they can actually do that at the jail THE COURT At his expense MS BELOHLAVEK Yes THE COURT I would request that that PHYLLIS A DAMES OFFICIAL COURT REPORTER
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