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that hearing the State introduced testimony from Troy Cope the FDLE Case Agent assigned to investigate tlie Epstein case pursuant to the Governor 2s Order Inspector Cope testified that he currehtlpaas access to police reports victim statements emails sworn testimony and other law enforcSftient statements obtained by law enforcement and the State in their investigation of MA Epstein Inspector Cope explained that he wished to have access to the grand jury testi that he could compare the evidence presented to the grand jury with the documents-s ine during his investigation He further testified that he hoped to learn why the jury HoTndict Mr Epstein for one count of Felony Solicitation of Prostitution an offense chargeable after third or subsequent violation of the solicitation statute givpi Mr Stein 2s lack of a criminal record at the time Fla Stat Tta hnt ctor Cope the State also submitted the Governor 2s Order and the Grand Jury 2s inrfrctnjepkothe Court Based on the foregoing evidence the State argued that FDLE needed the grand jury testimony to the testimbi Ofer its investigation When pressed by the Court as to the particular need for Safe conceded that it did hot know what it would find and therefore could not predict Mfepfoific actions would be taken as a result The State speculated that if it appeared any alleged victims were purposely not called or refused to appear it might lead to a witness tampering investigation however the State also admitted that it had not made any effort to adduce this information from other means such as direct contact with the victims The State also speculated that the grand jury may have been misadvised about the nature of a Felony Solicitation Page of CA/ArcptlTOOPMIM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I Motiof1 on beh;ilf of the State for the purpqse of providing the rand jury rec9rds to FbLE In the Motion the State represents that a review of the grand jury testimony i necessary to fulfill Governor DeSantis assignment and required sic in the 265ither;mce of justi The Court heard the States ivfotion on January At that hearing the State introduced testimony frpm Troy Cope the FDLE Case Agent assigned to investigate tli Epstein case pursuant to the Governors Order Inspector Cope testified that he curre poiice reports victim statements emails sworn testimony and other law e1 obtained by law enforcement and the State.in their investigation of explained that he wisheq to ave access to the grand jury testi that he couid compare the ev nce presented to the grand jury with the document further testified that he hoped to learn why the jury Felony Solicitation of Prostitution an off ens m_dict Mr Epstein for one count of charseable after a third or subsequent v.:iolati01 of tl solicitation statute giv Fla Stat steins iack of a criminal record at the time ectorCope the State also submitted the Governors Based on the idence the State argued that FDLE needed he grand jury test my to lter 1ts 1p,vest1gahon When pressed qy the Court as to the part1ci.iHir need for the testimo conceded that it did fiot know what it would find an therefore could 11ot pre cifi.1c actions would be taken as a result The State sp cui ted that if it app.eared a11y a ed v1ctu:ps were purpqsely not called or refused to appear it might lead to a witness ta,mpering.investigation however the State also admitted that it had not made any effort fo adduce this information from othei means such as direct con_taGt with the victhn The State also I speculated that the gran jury may have been rnis dvised abol the nature of:a Felony Solicitation Page of7 CNArOFl.ruwD OP tl BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM of Prostitution1 charge but again could not articulate a particular need for this information other than to further FDLE 2s investigation in a general sense Analysis The grand jury system which is written into the United States Constitution dates back centuries into the common law Throughout its long history secrecy has been am integral component of grand jury proceedings United States Sells Engineering Inc Wo Grand jury secrecy serves several compelling purposes including the grand jurors protecting the witnesses preventing the escape of a perso ndicted before his arrest preventing subornation of perjury or tampering with witnesg Ijo testified before the grand jury and then testify as a trial witnesses shielding the 247tipnof a person against whom no indictment is filed and encouraging the un pe disclosure by persons who have information Grand Jury Fall Term A.D eiersburg Fla So 2d Fla 2d DCA citing Minton State Fla This secrecy also serves the interests of prospective investigate mtvn So 2d at 223While in a given case the reasons for secrecy may no iqtain the effect on subsequent grand jury proceedings on jurors on witnesses oiythe privacy of the system itself of indiscriminate disclosure has been said to be of greater mpmpnt quoting United States General Motors F.R.D Del Veiwhafis added nwgn secrecy is an integral component of the grand jury it is riot absolute The commonjrlaw always recognized a 223compelling necessity exception to grand jury secrecy Goldstein Superior Court P.3d Cal Ct App This exception carried over The State also conceded that there is no decisional authority clarifying what qualifies as a prior 223violation of the solicitation statute forpurposes ofFelony Solicitation of Prostitution and therefore was very measured in its misadyice hypothetical Page of CA/Arcpft PMm BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM i of Prostitution charge but again could not articulate a particular need for th,js inf01m iion other I than to further FDLEs investigation in a general sense Analysis The gr!lnd jury system which is written into the United States Constitution dates back centuries into the common law Throughout its long hist9ry secrecy has been an integral component of grand jury proceedings United States Sells Engineering Inc Grand jury secrecy serves several compelling purposes including the grand ju,-ors protecting the witnesses preventing the escape of a per,oeed before his arrest preventing subornation of perjruy or tampering with witne testified before the grand jury and then testify as a trial witnesses shielding the indictment is filed and encouraging the un information Grand Jury Pall Term A.D of a person against whom no eiersburg Fla So 2d Fla 2d DCA citing Minton State Fla This se recy aiso serves the vn I So 2d at While in a given case the _in the effect on subsequent grand jury proceedings on jurors on witnesses ivacy of the system itself of indi_scriminate disclosui:e has be said to be of gre fr mo quoting United States General Motors F.R.D DeL added secrecy is an integral comppnent of the grand jury it i rto.t absoluie The aw always recognized a compelling necessity exception to grand jury secrecy Goldstein Superior Court P.3d Cal Ct App This exception carri Ver The State also conceded that there is no decisional authority clarifying what qualit1cs as a prior violation ofthe solicitation statute fo:tpurpose ofF lony Solicitation of Prost_it and therefore yc:is very measured i11-its misadvice hypothetical Page3 of7 CNArCflDslUJ PP tla BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM into our modem system of justice and is recognized in some form by nearly1 every jurisdiction in this country See Fed Crim State ex rel Ronan Superior Court In and For Maricopa County P.2d Ariz In re Jessup 2s Petition A.2d Del Diamen U.S A.2d D.C Hinojosa State N.E.2d Ind In re Grand Jury of Douglas County N.W.2d Neb Pedple Di Napoli N.E.2d N.Y State Greer Ohio InWorida this exception is codified in section Florida Statutes which pfm/idmt grand jury testimony may be disclosed 223when required by a court for the purposeof furthering justice Fla Stat Although the term 223furthering justice seems quitegy The history of the exception in both common law and modern case law establishes i 256tnllgxception is actually quite narrow does not encompass any reason that could 223fudiwmstrce but rather requires the showing of a particularized and compelling need whjqh outweighs any interest in maintaining secrecy and cannot be satisfied in another mand i pokings State So 2d Fla holding that 223aparty seeking/qisclospre of grand jury proceedings must make a strong showing of a particularized needrin order to outweigh the public interest in secrecy citing United States Sells Eng 2g In 463vJJ.S emphasis added Such a showing must be comprised pf rnore Kan a mere surmise or speculation Minton So 2d at If a party makejM oS then the trial court may examine the.grand jury testimony in camera and make aextermination of its materiality id Disclosure should then be permitted only if 223essential to the attainment of justice Brookings Sb 2d at Minton So 2d at There are few Florida cases discussing the furthering justice exception to grand jury7 secrecy blit all confirm its narrowness Page of7 CA/Arqnft 256gyOML13 BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I I I into moqem system of jl tice and is recogni_ze9 in some fomi by nearl every jurisdictiol I this country See Fed Crim State ex rel Ronan Superfor Court In and For I Maricopa County P.2d Ariz InreJessups Petition A.2d Del I iamen U.S A.2d D.C Hinojosa State N.E.2d Ind_ In re Grand Jury of fouglas CpurJty N,W.2d Nel:,_ Pl le Di Napoli N.E.2d N.Y State Greer Ohio this exception is codified in section Florida Statutes which pt testimony may be gisclosed when required by a court for the 265rpo Fla Stc1t Although the term furthering justice seems qui both common law and modern case law establishes history of the exception in holding that a-party eekin of grand juryprocee.di must m!u a strong showing ofa articuladzed need order tq outwdgh the public interest in secrecy citing U11ifed Sta.tes emphasis added Such a showing must be an a mere surinise or speculation Mbiton So 2a at If a party wipg then the irial qourt mqy examine the _gra_nd j1.1ry-te_stj_mony in cam:era and make a termination 9f its materic1lity jd Disclosure shm1ld then be penni ted only if essential to the attainment of justice Brookings So 2d at Minton So 2d at There are few Florida cases discussing the furthering justice exception to grand jury se 1e but all confirm its 1m9w_ness Page CA/Arqr1hfilID-01l BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM The question then becomes under what circumstances can a person specifically an investigating body citing the 223furthering justice exception establish a particularized and compelling need for grand jury records which outweighs any interest in maintaining secrecy Although this is a highly fact specific inquiry several decisions issued by various New York courts are instructive As written by one New York Court 223the mere fact that the disclosur Ssou by a government agency even a prosecutorial agency that was itself involv Tntihe grand jury presentation will not necessarily warrant the breach of grand jury secrecy nor will the mere general assertion that disclosure will be in the public N.Y.S.2d N.Y Sup Ct citations omitted Indeed the st edSocietal benefit of maximizing the public 2s awareness could by itself trump all considerations there would not exist a 223legal presumption against disclosure of grandgu nce let alone a rule providing that such presumption may be overcome only by howrg of a particularized and Compelling need for disclosure Id at Instead 223thFpai hnust by a factual presentation demonstrate why and to what extent the party requires the minutes of a particular grand jury proceeding to advance the actions or measures tal or proposed e.g legal action administrative inquiry or legislative investigation tqifisure at the public interest has been or will be served Matter of James Donovan N.Y App Div internal quotation and citation omitted immStdry of the furthering justice exception to grand jury secrecy and ensuing case law from Florida and around the country reflects that the exception is narrowly construed and requires the movant to establish a particularized and compelling need for the records When the movant is an investigatory body its need cannot simply public awareness but must be the furtherance of a specified course of action Further the need must be of such a nature that it outweighs the public Page of7 CA/Arqnft BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM i I The question thei1 becomes under what circumstances can a pe son specifically an investigating body citii1g the rthering justice exception establish particularized and compelling need for grand jury records which outweighs any interest i_n maintaining secrecy Although this is a highly fact specific inquiry several decisions issued by various New York courts are i11structive As written by one New York Court the mere fact that the disclosu government agen even a pro ecutorial agency that was itself involv h_ grand jury presentation will not necessarily warrant the breach of grand jury nor will the mere general assertion that disclosure will be in the public interest Carey N.Y.S.2d N.Y Sup Ct cjtations omitted Indeed iftbe the publics awareness could by itseif u,ump all action or measures ta ot proposed e.g legal action administrative inquiry or legislative investigation to 267rna1re at the p1.1blic interest has been or will be served Matter of Joines Donovan I N,Y App.Div 2Ql5 internal quotation 1nd c.:itation omitt ry of the furthering justice exception to grand Jury secrecy and ensuing case law froin da and around the country reflects that the exception is narrowly coristrned and requires the inovant to est_ablisli a particularjze and compelling need for the records When the 1novant is an investigatory body its.need cannot simply public awareness but must be_ the furthernnce of a specified course of action Further the need must be-of such a nature that it outweighs the public Pages of7 CA/Arqngmro-9P tM BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM interest in maintaining grand jury secrecy Finally the information containeLd in the records must i actually serve the specified need and cannot be obtained from any other source Conclusion In this case the State has alleged the records are necessary to 223fulfill Governor DeSantis assignment and has thrown out a few speculative possibilities for how it could use the testimony depending on what it contains of course Alternatively as the State acknowledged ie teWmony could serve nd value other than satisfying curious minds It also has acknoxwed mat it has not exhausted all other avenues in attempting to obtain the information it seeks Thus the Court finds that State has failed to make a strong showing of a particulagged gid compelling heed for the grand jury testimony Minton So 2d at In arriving at this conclusion the Court is mi 231The State is simply trying its best to effectuate the Governor 2s Order and is in neuw ishunting the worthiness of that task The Court is also not foreclosing the possibih thafme State may in the future be able establish that the release of the grand jury record base are actually necessary to further justice However as it stands the State has failed to ke a predicate showing for the release of the grand jury testimony Accordingly Jt is hereby ORDERED that pe State 2s December Motion for an Order Unsealing Grand Jury Testimonies DENIED without prejudice pQNfeAND ORDERED in Chambers at West Palm Beach Palm Beach County Florida this day of January KRISTA MARX CIRCUIT JUDGE Page of CA/Arcpij PPMJ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM I I I I I I intei:est in mai_ntaining grand jury ecrc_cy Finally the infor_mation contai_neld in the records must I I actually serve the specifi nec:;d arn;I c_:annot be obtained from aDy other ou ce Conclusion In this case the State has alleged the records are necessary to fulfill Governor Desantis ssignment anq ha thrown out a few speculative possipiities for bow it use the depending on what it contains of course Alternatively as th State acknqwlep could serve no value other than satisfying curious minds It a:iso has ackno that State has faile4 to make a 267strong showing of a partjcula compelling need for the grand jury testimony Minton So 2d at in arriving at this conclusion the Court is effectuate the Governors Order and is in ho a Court is also not foreclosing the possibi the State is simply trying its best to unting the worthiness of that task The are actuaily necessary to further justice However a predicate showing for the release of the grand jury testimony Accorclingl ereby ORi that states December i6 Motion for an Order Unsealjng Grand JuryTestf ED without prejudice ORDERED in Chambers at West Palm Beach Palm Beach County Florida this_ tn_ day of Janu Page of7 KR.I.STA MARX CIRCUIT JUDGE CA/ArOfl1:rnEID91 Uq BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM COPIES TO Levering Evans ASA 19th Circuit via email SAI9eService sa619.org Jack Goldberger Esq via email iqbldberqer aqwpa.com smahohey aqwpa.com Robert Critton Esq via email rcrit lawclc.com Spencer Kuvin Esq via email skuvin 800qoldlaw.com Bradley Edwards Esq via email brad epllc.com Jeffrey Herman Esq via email jherman hermanlaw.com Theodore Leopold Esq via email tleopold cohenmilstein.com A.H by US mail at confidential address to be sent by State Atty Office itoit A.D by US mail at confidential address to be sent by State Atty Office CiWit S.G by US mail at confidential address to be sent by State Atty Offige Gregory Parkinson by US mail to Venetian Way West Palm Page of CA/Arcpfe OpMlQ BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM COPIES TO Fyl leyering Evans ASA th Circuit via email SA19eService sa619.org Jack Goldberger Esq via email jgoldberger agWpa.com srnahoneV agwpa.com Robert Critton Esq via email rcrit lawclc.com SpencerKuvin Esq via email skuvin 800goldlaw.com Bradley Edwards Esq via email brad epllc.com Jeffrey Herman Esq via email jherman hermanlaw.com Theodore Leop_old Esq via emai_l tleopold cohenmilstein.com A.H by US ma!_I at confident!al addre to be sent by Sta_te Atty Offic li!t A.O by US mail c;1t confident1c;1I address to be sent by State Atty Office Cir 1t S.G by US mail at confidential address to be sent by State Atty Offi Circuit Gre9ory Parkinson by US mail to Venetian Way West Palm Page of7 CA/ArOflmID0 tffi BEACH COUNTY FL JOSEPH ABRUZZO CLERK PM
