Filing E-Filed AM IN THE CIRCUIT COURT OF THE FIFTEENTH WDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY FLORIDA CASE NO JEFFREY EPSTEIN Plaintiff vs SCOTT ROTHSTEIN individually BRADLEY EDWARDS individually and L.M individually Defendants I MOTION IN LIMINE ADDRESSING THE ADMISSIBILITY OF EDWARDS EXHIBIT Counter-Plaintiff Bradley Edwards by and through undersigned counsel hereby files this Motion in Limine to address the admissibility of Edwards Trial Exhibit and as grounds therefore states as follows Background Exhibit of Edwards exhibit list is New York Post article Billionaire Jeffrey Epstein Im a sex offender not a predator February A copy of the New York Post article is attached hereto as Exhibit A In the article Jeffrey Epstein is quoted regarding the underlying child molestation claims as follows Im not a sexual predator Im an offender Its the difference between a murderer and a person who steals a bagel The crime that was supposedly committed in Florida is not a crime in New York FILED PALM BEACH COUNTY FL SHARON BOCK CLERK AM Edwards adv Epstein Motion in Limine Case No At the December hearing the Court requested additional briefing concerning the admissibility of Exhibit which Epstein objected to as irrelevant highly prejudicial and inadmissible hearsay Argument a Exhibit is Relevant Edwards punitive damage claim against Epstein is based upon the assertion that Epstein intentionally and maliciously filed false claims against Bradley Edwards in an attempt to intimidate Edwards his clients L.M E.W and Jane Doe and the dozens of other victims into cheaply compromising or abandoning sexual molestation claims against Epstein This maliciously filed lawsuit was effectively an attempt to cover-up the full extent of Epsteins crimes so that the details would never become known so that Epstein could avoid any civil liability Epsteins having compared his underlying sexual molestation of children to stealing a bagel is relevant evidence to the punitive damage claim in that it tends to prove that Epstein lacked remorse for the underlying crimes that he was attempting to cover-up and that he lacked remorse for the attempted cover-up itself It is also highly relevant that even after pleading guilty to criminal charges Epstein continues to publicly deny his guilt by referring to The crime that I supposedly committed in Florida emphasis added See R.J Reynolds Tobacco Co Calloway So 3d Fla 4th DCA review denied WL Fla Mar and cert denied Ct stating that the jurys determination of punitive damages includes whether the defendant showed remorse for his wrongful conduct Edwards adv Epstein Motion in Limine Case No Regarding Epsteins lack of remorse Exhibit is further relevant pursuant to the broad scope of admissible evidence on the issue of punitive damages which was clearly and persuasively articulated by the Fourth DCA in Johns-Manville Sales Corp Janssens as follows The amount of the plaintiffs litigation expenses the seriousness of the hazard to the public the profitability of the marketing misconduct increased by an appropriate multiple the attitude and conduct of the enterprise upon discovery of the misconduct the degree of the manufacturers awareness of the hazard and of its excessiveness the number and level of employees involved in causing or covering up the marketing misconduct the duration of both the improper marketing behavior and its cover-up the financial condition of the enterprise and the probable effect thereon of a particular judgment and the total punishment the enterprise will probably receive from other sources These factors appear to be reasonable considerations in aggravation or mitigation of punitive damages and in most respects are consistent with existing Florida decisions on punitive damages The Supreme Court stated some years ago that matters in aggravation or mitigation of punitive damages are relevant and admissible in evidence Rinaldi Aaron So.2d and evidence relevant to the foregoing factors would appear to be admissible under that decision So 2d Fla 1st DCA emphasis supplied The statements made by Jeffrey Epstein in the New York Post article are clearly relevant to the following factors under the Johns-Manville Sales Corp test the seriousness of the hazard to the public the attitude and conduct of Jeffrey Epstein upon the discovery of the misconduct and the duration of the improper conduct and its cover-up Id Jeffrey Epsteins molestation of dozens of children and his gross abuse of the civil justice system to avoid both civil and criminal liability for those acts constitutes a series hazard to the public Evidence of Epsteins lack of remorse regarding this hazardous conduct which he equates to stealing a bagel and does not consider to be illegal under New York law is therefore Edwards adv Epstein Motion in Limine Case No relevant to the jurys determination of punitive damages See id Moreover Epsteins attempt to use his wealth and power to silence his child victims and their legal counsel is also a serious hazard to the public When those victims attempted to speak out and seek justice Epstein attempted to cover up his misconduct by suing a victim and her attorney Bradley Edwards in a knowingly false and malicious lawsuit Exhibit is evidence of the scope and duration of that cover-up As relevant evidence of aggravating factors in Edwards punitive damage claim Exhibit is therefore admissible evidence See Johns-Manville Sales Corp So 2d at Exhibit is Not Unfairly Prejudicial In order for relevant probative evidence to be deemed unfairly prejudicial it must go beyond the inherent prejudice associated with any relevant evidence Relevant evidence is inherently prejudicial however it is only unfair prejudice substantially outweighing probative value which permits exclusion of relevant matters State Gad So 3d Fla 2d DCA internal quotations omitted emphasis supplied Obviously relevant evidence demonstrating Epsteins lack ofremorse is inherently prejudicial because it is an aggravating factor upon which the jury can rely in determining whether and in what amount to impose punitive damages Jeffrey Epstein compared his molestation of children to stealing a bagel and questioned whether the sexual abuse of children was even illegal Edwards reasonably believes that the jury will view these party-admissions as evincing a total lack of remorse on the part of Epstein Such evidence however cannot possibly result in unfair prejudice to Epstein else the party carrying the burden of proof on a punitive damage claim would be categorically barred from introducing relevant evidence regarding lack of remorse Edwards adv Epstein Motion in Limine Case No Additionally questioning the legitimacy of the criminal charges against him perpetuates the fiction Epstein created in alleging that Edwards ginned up and fabricated the claims against Epstein to support a massive Ponzi scheme Exhibit is Not Barred Under the Hearsay Rule As an initial matter Exhibit is not hearsay because Edwards does not seek to introduce Epsteins statements to prove the truth of the matter asserted It is not Edwards contention that the sexual molestation of children is the equivalent of stealing a bagel See Fla Stat Hearsay is a statement other than one made by the declarant while testifying at the trial or hearing offered in evidence to prove the truth of the matter asserted And even if the statements were hearsay they are admissible under as an exception to the rule against hearsay Specifically out of court statements made by Jeffrey Epstein offered against Epstein at trial are admissible as a party admission against interest See Conclusion For the foregoing reasons the Court should overrule Epsteins objections to Exhibit WHEREFORE Counter-Plaintiff Bradley Edwards respectfully requests that the Court enter an Order granting this Motion in Limine Addressing the Admissibility of Edwards Exhibit as well as awarding any such further relief as the Court deems just and proper given the circumstances Edwards adv Epstein Motion in Limine Case No I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list this 18th day of January Isl Davia Yitae Tr Jack Scarola Florida Bar No David Vitale Jr Florida Bar No Attorney E-Mails jsx searcylaw.com and mmccann searcylaw.com Primary E-Mail _scarolateam searcylaw.com Searcy Denney Scarola Barnhart Shipley P.A Palm Beach Lakes Boulevard West Palm Beach Florida Phone Edwards adv Epstein Motion in Limine Case No Bradley Edwards Esquire staff.efile pathtojustice.com Andrews Avenue Suite Fort Lauderdale FL Phone Fax COUNSEL LIST Jack A Goldberger Esquire jgoldberger agwpa.com smahoney agwpa.com Atterbury Goldberger Weiss P.A Australian Avenue Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Nichole Segal Esquire njs FLAppellateLaw.com kbt FLAppellateLaw.com Burlington Rockenbach P.A Railroad Avenue Suite West Palm Beach FL Phone Attorneys for Bradley Edwards Scott Link Esquire Eservice linkrocklaw.com Scott linkrocklaw.com Kara linkrocklaw.com Angela linkrocklaw.com Tanya linkrocklaw.com tina linkrocklaw.com Link Rockenbach P.A Palm Beach Lakes Boulevard Suite West Palm Beach FL Phone Fax Attorneys for Jeffrey Epstein Marc Nurik Esquire marc nuriklaw.com One Broward Blvd Suite Fort Lauderdale FL Phone Edwards adv Epstein Motion in Limine Case No Fax Attorneys for Scott Rothstein Billionaire Jeffrey Epstein Im a sex offender not a predator I New York Post Jeffrey Epstein David McGlynn Billionaire Jeffrey Epstein Im a sex offender not a predator I New York Post Billionaire pervert Jeffrey Epstein is back in New York City and making wisecracks about his just-ended jail stint for having sex with an underage girl Im not a sexual predator Im an offender the financier told The Post yesterday Its the difference between a murderer and a person who steals a bagel said Epstein Epsteins flippant reasoning aside a New York judge ruled at a hearing last month that the moneyman is the most dangerous kind of sex offender a Level That means according to the state Epstein is at high risk to repeat his offense and poses a threat to public safety der-not-a-predator Billionaire Jeffrey Epstein Im a sex offender not a predator I New York Post But Epstein doesnt seem bothered by the designation The crime that was supposedly committed in Florida is not a crime in New York he said Epstein recently returned to his million East 71st Street mansion and celebrated his release from a Florida jail with his close pal Britains Prince Andrew Epstein served months of an 18-month sentence for soliciting a minor for prostitution In court papers the victim was identified as a 14-year-old girl At one point Epstein was facing years to life on multiple counts of statutory rape according to investigators Court documents in that case claimed he routinely sought out girls as young as and paid them to for sexual massages in his homes in Palm Beach Fla and Manhattan He also molested girls he had brought in from South America and Europe and once was given three 12-year-old girls from France as a birthday gift the documents alleged Epstein struck a secret non prosecution deal with the feds The government agreed to drop its probe of various sex-crime allegations if Epstein copped to prostitution felonies in Florida state court But in New Yorks sex-offender database Epstein doesnt come up in a ZIP code search He shows up only via the name search option and no New York address is listed Thats because Epsteins Upper East Side home is considered temporary By state law he is required to provide only his permanent address to the database and Epstein listed his Florida home Recommended bv der-not-a-predator A A 4A E0 A4 DE a qr?q rq qrCX HhL Kg lg d?a d6U a M3 flW y??S m/y t0 I F/Z V/j 1a qC KS u?v vZ O5 a qr rCX qC 0V I I dc rM?M rM 10Cy n??m?n k?o?h I A I w?!ac qr MCX 10Cy ITy qr M3 Ґ??1rA5R h?H?T3P K?z X?K I v"x i X5 EO5 5a r?q CX 9r Cy rq 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