EXHIBIT Case Document Filed Page of Case Document Filed Page of UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA 08-80736-Civ-MARRA/JOHNSON CASE NO FILED by DJ D.C ELECTRONIC JULY STEVEN LARIMORE CLER U.S 01ST CT S.O OF FLA MIAMI RE JANE DOE Petitioner Er1t:r enc VICTIMS Case Document Filed Page of crimes which he is alleged to have committed against minor children including the Petitioner Such negotiations may likely result in a disposition of the charges in the next several days Under the CVRA before any charges are filed against the Defendant the Petitioner has the rights among others to notice of her rights under the CVRA to confer with the prosecutors and to be treated with fairness As soon as charges are filed the Petitioner has the ri hts among others to timely notice of court proceedings the right not to be excluded from such proceedings the right to be heard at such public proceedings regarding conditions of release any plea and any sentence the right to confer with thte attorney for the government the right to restitution and the right to be treated with fairness and with respect for her dignity and privacy The Petitioner has been denied her rights in that she has received no consultation with the attorney for the government regarding the possible clisposition of the charges no notice of any public court proce edi ngs no information regarding her right to restitution and no notice of rights under the CVRA as required under law The Petitioner is in jeopardy of losing her lights as described above if the government is able to negotiate a plea or agreement with the Defendant without her participation and knowledge WHEREFORE for the reason outlined above the Petitioner respectfully requests this Court to grant her Petition and to order the United States Attomey to comply with the provi ions of th CVRA prior to and including any plea or other agreement with the Defendant and any attendant proceedings Case Document Filed Page of MEMORANDUM I THE CRIME VICTIMS RIGHTS ACT MAKES CRIME VICTIMS INDEPENDENT PARTICIPANTS THROUGHOUT THE CRIMINAL JUSTICE PROCESS In October Congress passed and the President signed into law the Crime Victims Rights Act Pub No Stat codified at U.S.C Because this appears to be the first case involving the Act to come before this Court a bit of background may be in order A The CVRA Gives Crime Victims Rights to Participate in the Criminal Justice Process Congress passed the CVRA to i ve crime victims enforceable rights to participate in federal criminal proceedings Opinion at Congress was concerned that in the federal system crime victims were treated as non-participants in a critical event in their lives They were kept in the dark by prosecutors too busy to care enough and by a court system that simp ly did not have a place for them CONG REc Apr statement of Sen Feinstein To remedy this problem Congress gave ictims th simple right to know what is going on to participate in the process where the information that victims and their families can provide may be material and relevant Id The CVRA gives victims of federal crimes a se rie of rights including the ri ght to notice of court proceedings to be heard at plea and sentencing hearings and to reasonably confer with the attorney for the Government in the case U.S.C a Victims also ha ve a right of access to the terms of a plea agreement In re Interested Party F.Supp 2d WL at D.D The CVRA also assures victims broadly that they will be treated with fairness U.S.C a Case Document Filed Page of Of course these rights would be of little use to most crime victims unless they were told about them To ensure that victims are notified of their rights the CVRA directs employees of the Justice Department and other departments and agencies of the United States engaged in the detection investigation or prosecution of crime to use their best efforts to see that crime victims are notified of the rights described in the CVRA U.S.C emphasis added The CVRA Gives Victims Rights During the Investigation of a Crime The CVRA gives victims rights during the investigation of a crime The Fifth Circuit recently reached this conclusion holding The district court acknowledged that tJhere are clearly rights under the CVRA that apply before any prosecution is underway BP Prods WL at I U.S Dist LEXIS at Logically this includes the CVRAs establishment of victims reasonab le right to confer with the attorney for the Government U.S.C a At le ast in the posture of this case and we do not speculate on the applicability to other situations the government shou ld have fashioned a reasonable way to inform the victims of the likelihood of crimina charges and to ascertain the victims views on the possible details of a plea bargain In re Dean F.3d th Cir The position that CVRA rights apply before charges have been filed is consistent with the Justice Department regulations under the CVRA which explain that government officials must advise a victim about their rights under the CVRA at the earliest opportunity at which it may be done without interfering with an investigation A.G GUIDELINES FOR VICTIM AND WIINESS I Further supporting this requirement is another statute I which directs government officials to provide victims with the earliest possible notice of among other things the tiling of charges against a suspected offender Case Document Filed Page of ASSISTANCE May And the plain language of the CVRA undergirds this conclusion as it applies not simply to prosecutors but to government agencies engaged in the detection and investigation of crime U.S.C Indeed ifthere were any doubt i the plain language of the CVRA extends victims right to situatio ns in which no prosecution is underway U.S.C II Case Document Filed Page of Degenhardt F.Supp.2d Utah quoting Cong Rec daily ed Apr statement of Sen Feinstein Congress intended the CVRA to dramatically rework the federal criminal justice system In the course of construing the CVRA generously the Ninth Circuit observed The criminal justice system has long functioned on the assumption that crime victims should behave like good Victorian children seen but not heard The Crime Victims Rights Act sought to change this by making victims independent participants in the criminal justice process Kenna US Dist Court for CD Cal F.3d 9th Cir Accordingly because the CVRA is remedial legislation courts should interpret it liberally to facilitate and accomplish its purposes and intent Elliott Industries Ltd Partnership BP Am rica Produ tion Co F.3d 10th Cir noting remedial legislation should be interpreted liberally to facilitate and accomplish its purposes and intent The CVRA itself suggests this conclusion by requiring that courts must treat crime victims with fairness United States Patkar WL at Haw citing United Stat Turner F.Supp 2d D.N Not only must the CVRA as a whole be interpreted liberally but its definition of crime victim requires a generous construction After reciting the direct-and proximate-harm language at issue here one of the Acts two co-sponsors Senator Kyl plained that this is an intentionally broad definition because all victims of crime deserve to have their right protected Cong Rec Oct emphasis added The description of the victim definition as intentionally broad was in the course of floor colloquy with the other primary sponsor of the CVRA and therefore deserves significant weight See Kenna F.3d at discussing significance of CVRA sponsors floor statements Case Document Filed Page of The definition of"crime victims must thus be construed broadly in favor of Petitioner She obviously qualifies as a vict im under the CVRA ID Case Document Filed Page of crime victim is afforded the rights described in the CVRA I U.S The CVRA also confers on crime victims the right to assert the rights described in the CVRAJ S.C Therefore this Court has its own independent obligation to intercede and ensure that the Government respects the rights of Petitioner under the CVRA CONCLUSION The Petitioner requests the intervention of this Court to ensure that her rights are respected and accorded as promised in the Crime Victims Rights Act DATED this 7th day of July Respectfully Submitted THE LAW OFFICE OF BRAD EDWARDS ASSOCIATES LLC Brad Edwards Esquire Attorney for Petitioner Florida Bar Harrison Street Suite Hollywood Florida Telephone Facsimile Case Document Filed Page of CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been provided by United States mail and via facsimile to ANN MARIE VILLAFANA AUSA United States Attorneys Office South Australian Avenue Suite West Palm Beach Florida this 7th day of July Brad Edwards Esquire Attorney for Petitioner Florida Bar No Case Document Filed Page of iv-MAR RAA HNSON FILED by aEC TRONIC DJ D.C dSU UJI CIV I COVER IA Fe ozo dj Check County Wh ere Action Aro se i I DAD MON OE DRCJW RO PALM BEACH RTIN ST LU IE INDI/IN RIVER OKEECHOB HIUHLANOS I BA I OF JURISD I CTIO i 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