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Qui Tam
Cass Action
Personal hooey
Wrongful Death
Commercial -itigatice
Vikki Benkel
Farmer, Jaffe, Weissing,
Edwards, Fistos Et Lehrman, P.L.
September 13, 2011
RE:
PEOPLE vs. JEFFREY EPSTEIN
COURT DOCKET/INDEX NUMBER: 30/29/10
DATE OF MINUTES: JAN. 18, 2011— SURA HEARING
Dear Ms. Benkel:
Enclosed please find our check #3020. in the amount of $75.00, representing pre-payment for the
above referenced transcript.
Please forward the copy of the hearing transcript to the address below at your earliest
convenience.
Very truly yours,
EDW
ri ey J.
EncAosure
dwaids
425 North Andrews Avenue, Suite 2, Fort Lauderdale, Florida 33301
954.524.2820 office
954.524.2822 fax
EFTA00205195
SORA HEARING
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SUPREME COURT
NEW YORK COUNTY
TRIAL TERM
PART 66
x
THE PEOPLE OF THE STATE OF NEW YORK: INDICTMENT #
: 30129/2010
•
AGAINST
JEFFREY EPSTEIN
Defendant.
BEFORE:
•
•
•
•
.x SORA HEARING
111 Centre Street
New York, New York 10013
January 18, 2011
HONORABLE
Justice...eme Court
APPEARANCES:
For the People:
For the Defense:
New York County District Attorney
One Hogan Place
New York, New York 10013
Assistant District Attorney
153 East 53rd Street
New York, New York 10022
Vikki J. Benkel
Senior Court Reporter
Vikki J. Benkel
Sensor Court Reporter
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COURT CLERK: This is number two on the calendar,
matter of Jeffrey Epstein.
Your appearances please.
MS. GAFFNEY: Jennifer Gaffney for the People.
Good afternoon, Your Honor.
MR. LEFKOWITZ: Jay Lefkowitz and Sandra Musumeci
for Mr. Epstein.
THE COURT: Mr. Epstein is not here.
MR. LEFKOWITZ: That's correct.
THE COURT: Are you waiving his appearance?
MR. LEINOWITZ: Yes.
MS. GAFFNEY: Your Honor, this case is on for a
SORA hearing this afternoon.
The People did receive the board's recommendation
of a Level Three. However, we received the underlying
information from them and also had some contact with
Florida, and we don't believe that we can rely on the entire
probable cause affidavit.
I don't know if the board sent that to you as
well.
THE COURT: I don't know why you cannot rely on
it.
MS. GAFFNEY:
Because in Florida of all of the
victims in that probable cause affidavit, they actually only
went forward on one case.
There was only an indictment for
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SORA HEARING
one victim and that is what the defendant plead to.
So it is unlike a situation where everything was
indicted and then we get to sort of assess points for all of
the victims, if it was part of a plea bargain. They did not
actually choose to go forward on any except for the one
victim.
page 3
So under the board guidelines, the risk assessment
interim guidelines, it actually says, you know, by way of
contrast if an offender is not indicted for an offense, it
is strong evidence that the offense did not occur and I
don't think --
THE COURT: Do you find that if somebody is not
indicted it is strong evidence that it did not occur?
MS. GAFFNEY: I don't know that we can rely on it
as clear and convincing evidence if the prosecutor's office
never went forward on it. The prosecution said that the
victims, although they spoke to the police early on, did not
cooperate with them. So we don't have any follow up
information.
THE COURT: But the board found a Level Three.
I have to tell you, I am a little overwhelmed
because I have never seen the prosecutor's office do
anything like this. I have never seen it. I had a case
with one instance it was a marine who went to a bar, and I
wish I had the case before me, but he went to a bar and a 17
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year old, he was an adult obviously, he MS a Marine, a 17
year old came up to him and one thing lead to another and he
had sex with her and the People would not agree to a
downward modification on that.
So I am a little overwhelmed here because I see --
I mean I read everything here, I am just a little
overwhelmed that the People are making this application.
I could cite many many, I have done many SORAs
much less troubling than this one where the People would
never make a downward argument like this.
MS. GAFFNEY: I agree with Your Honor, it is
incredibly unusual for us to make a downward argument. But
the problem is the one thing that we have from the board is
it seems to be in contradiction to their own guidelines
which if something was not indicted, you are not supposed to
rely on it.
THE COURT: They obviously took that into
consideration.
MS. GAFFNEY: And I tried to reach -- I reached
the authorities in Florida to try to see if they had all the
interview notes or other things that we can then
subsequently rely on that might be considered clear and
convincing evidence, if they had interviewed these women on
their own, and they never did. No one was cooperative and
they did not go forward on any of the cases and none of them
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were indicted. So I don't know.
THE COURT: And you spoke to the prosecutor?
MS. GAFFNEY: The actual prosecutor left the
office. I spoke to the prosecutor that took over the case.
THE COURT: Maybe you can find the prosecutor that
left the office.
You have done more in other cases looking into it.
I have never seen the prosecutor's office do this. I have
to tell you, I am shocked.
MS. GAFFNEY: Right, but I spoke to the prosecutor
that took over the case and they don't have anything, any
affidavits, any statements, any notes.
THE COURT: Why don't you speak to the prosecutor
that did do the case, I am sure you could find that
prosecutor.
MS. GAFFNEY: I can find her, but based upon what
the other prosecutor said, they did not speak to that
prosecutor either.
THE COURT: You did not speak to the prosecutor
yourself, you did not speak to them, that is hearsay. You
did not speak to the prosecutor that handled the case.
MS. GAFFNEY: That's right.
THE COURT: I don't think you did much of an
investigation here.
MS. GAFFNEY: I mean I called the prosecutor.
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Even though the first prosecutor left, presumably the
prosecutor's office has the file.
THE COURT: I would still call the prosecutor.
MS. GAFFNEY: Anything from these women they would
have forwarded it to us.
THE COURT: I don't know that, I think you have to
speak to the prosecutor.
But be that as it may, I hear your argument.
Anything else?
MS. GAFFNEY: I mean that is why I don't think we
can, I don't think we are entitled to rely on this because
they did not go forward.
THE COURT: The board made a recommendation.
MS. GAFNEY: Correct.
MS. MUSUMECI: May I speak, Your Honor?
THE COURT: Yes.
MS. MUSUMECI: Good afternoon.
I would like to bring a few additional points to
Your Honor's attention that don't come across in the board
recommendation.
The first is that Mr. Epstein is not a resident of
New York, unlike most of these out of state, he has not
changed his address and moved to New York, he maintains a
vacation home in New York. His primary residence is the
U.S. Virgin Islands.
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He is registered in the U.S. Virgin Islands, he
has been since his release from jail. He notifies the
Virgin Island authorities every time he leaves that
jurisdiction. Virgin Island authorities rated him at the
lowest level of registration.
He also registered in Florida, which is the state
of this particular offense, and the only reason that this
conviction is even before Your Honor.
The offense for which he was convicted is not a
registrable offense in New York. He is only registrable
here arguably because based on the provision of SORA that
says if a crime is registrable in the state of conviction,
then it is registrable here in New York. And the Florida
authorities that considered that rated him at the lowest
level of their SORA statute.
He additionally has a vacation home in New Mexico
and is registered in New Mexico. The New Mexican
authorities when they considered his offenses, determined he
need not register at all. Nevertheless, he has voluntarily
registered with New Mexico and maintains that registration.
Additionally, because of his possession of a
vacation home in New York, he has been voluntarily
registered with New York SOMU, the Sex Offender Monitoring
Unit since May of this year. He notifies them whenever he
comes to travel to New York. He never comes to New York for
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Senior Court Reporter
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SORA HEARING
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more than seven days or at least he has not since he has
been registered. He has no intention to ever be here for
longer than a period of ten days.
Like I said, he does notify the authorities when
he is here. He fully understands the reason for voluntary
registration, he wants to be compliant with the Federal SORA
law which requires wherever you own a property to register.
To require Mr. Epstein to register as a Level
Three offender in New York would actually require him to
come to New York more than he does normally, it would
require him to come every 90 days and renew his
registration.
He is very diligent in registering with New York
authorities.
All of the other jurisdictions that have
considered his case have determined that he either not
register at all or register at the lowest level, and he has
been more than compliant with all of those requirements.
Your Honor, we would join in the prosecutor's
application.
THE COURT: I am sure you would.
MS. MUSUMECI: By way of background, we have been
in contact with the prosecutor's office on this matter since
I believe certainly since Mr. Epstein got his notification,
which I believe was in August. We have met with the
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SORA HEARING
prosecutor and provided numerous materials for the
prosecutor to consider. We have included in that a
deposition from the detective who headed this investigation
who acknowledged in a sworn deposition that the lead
prosecutor who originally had the case, whose name I cannot
pronounce, Lanna Belohlavek, I apologize for the
mispronunciation, said to the detective after her
investigation, there are no real victims here.
All of the alleged conduct that is cited in the
board's write up was commercial conduct. All of the alleged
conduct the women went voluntarily, there are no allegations
of force certainly none.
THE COURT: There was no allegation of force in
the marine either, who met a girl in a bar, a young girl 17,
there was no force there.
MS. MUSUMECI: It is our understanding that the
prosecutor in Florida conducted a full investigation, as
full as she was able with the cooperation afforded by these
complainants, and determined that the only case that she
could present to the grand jury was this indictment for a
non registrable offense then --
THE COURT: But it is registrable here.
I don't know what you mean non registrable
offense.
MS. MUSUMECI: Let me explain, Your Honor.
Vikki J. Benkel
Senior Court Reporter
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Mr. Epstein plead to two charges, one was an
indictment which is an offense that is not registrable, it
is a Florida indictment for --
THE COURT: Then why does he have to register
here?
MS. MUSUMECI: It was a second offense that he
plead to --
THE COURT: That is registrable.
MS. MUSUMECI: That is registrable.
That offense was by information and that is the
only registrable offense, that is what the DA's office is
considering in doing their scoring.
The indictment which was the only case that the
prosecutor even prosecuted through grand jury is not even a
registrable offense.
THE COURT: He plead guilty to a registrable
offense.
MS. MUSUMECI: Yes.
THE COURT: What did he plead guilty to?
MS. GAFFNEY: He plead guilty to the procuring a
person under 18 for prostitution.
THE COURT: Procuring a person under 18 for
prostitution.
MS. GAFFNEY: Right.
THE COURT: Haw old was she?
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MS. GAFFNEY: It appears the first time they met
she was either 16 or 17, then for the remainder of their
relationship she was probably 17.
THE COURT: How long MS their relationship?
MS. GAFFNEY: She met, she gave him approximately
15 massages, including with sexual contact, and ultimately
when she is 17 had intercourse with him.
THE COURT: She is a child.
MS. MUSUMECI: Your Honor, I would note that under
SORA it is clear that prostitution offenses are only
registrable when in fact by clear and convincing evidence
the women or victim is 17, is under 17.
THE COURT: Well, she met him at 16, he procured
her at 16 from what I read.
MS. MUSUMECI: There is evidence we challenged.
THE COURT: He plead guilty to that, didn't he?
MS. MUSUMECI: He plead guilty to under 18, which
is the law in Florida, which is a different standard than
what the law is in New York. And there is no evidence,
there is no clear and convincing evidence as to her specific
age at the time of the specific conduct.
THE COURT: Well, the DA just told me she was most
likely 17, she just said it on the record.
MS. MUSUMECI: Your Honor, we agree that the
evidence is that she was 17 on the one occasion she had
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consensual intercourse with him and 17 is not registrable or
criminal under New York law.
And the prostitution aspect of having intercourse
with a 17 year old is not registrable conduct.
THE COURT: Ay does he have to register here?
MS. GAFFNEY: Because it is a register able
offense in Florida, New York State board of examiners --
THE COURT: Recognizes it.
MS. GAFFNEY: Recognizes it, yes.
THE COURT: I have had many cases like that where
it was not registrable here but it was in the state where
the person came from and New York recognized that.
MS. MUSUMECI: Your Honor, we are not saying that
he should not register. Mr. Epstein has already registered
and recognizes his duty to register.
THE COURT: I am glad of that, very glad of that.
I am sorry he may have to come here every 90 days.
He can give up his New York home if he does not
want to come every 90 days.
Anything else?
I rely on the board.
MS. MUSUMECI: Your Honor, we would reserve our
right to appeal Your Honor's ruling.
THE COURT: Of course, do so.
MS. GAFFNEY: For the record, Your Honor, he is
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going to be deemed a Level Three sex offender with no
designation, correct?
THE COURT: Correct.
MS. MUSUMECI: For purposes of the appeal I
believe that Your Honor --
THE COURT: Give me the board's scoring.
The board has scored use of violence the least,
10.
Sexual contact with victim, 25. I agree.
Number of victims, three or more. He only plead
guilty to one, but apparently there were more than one and I
think the People concede that although they say it was not
reliable.
Duration of offense, conduct with victim,
continuing course of sexual misconduct, the People have told
me it was continuing for 20 points.
Age of victim 11 through 16, he got 20 points for
that, and she was 16 at the time.
Other victim characteristics, there was no mental
disable or helplessness. I agree.
Relationship with victim stranger, 20 points.
Age at first act of sexual misconduct, 20 or less.
They scored him zero on that.
Number and nature of prior crimes, no history,
they scored him five on that.
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Recency of prior offense less than three years,
they gave him zero.
Drug or alcohol abuse history, they gave him zero.
Acceptance of responsibility, they gave him zero.
Conduct while confined, they gave him zero.
And supervision, they gave him zero.
Living employment situation, zero.
They gave him 130 points, which is the highest
level, and I agree with that.
MR. LEFKOdITZ: If I could be heard for one
moment.
It appears that the state board made its
determination based on access to a police report in Florida.
The prosecutor, the lead prosecutor, the lead sex
crimes prosecutor in Palm Beach made a determination that
the complainants and the police report itself was not
credible and decided not to prosecute on the basis of all of
that.
In addition, there has been through the course of
the last few years some civil litigation, as you might
imagine, involving these matters and we now have sworn
testimony in evidence from the complainants themselves
disclaiming much of what appears in the police report.
So, Your Honor, we would submit and this is not to
make light in any way of the conduct what Mr. Epstein did or
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what Mr. Epstein plead guilty to, but with respect to
everything and that is why Mr. Epstein voluntarily
registered in New York even though there is a question about
whether he has any obligation just as a jurisdictional
matter, but Your Honor, with respect to the appropriate
level for him to register, we would submit Your Honor that
the evidence simply does not support the foundation of the
state's determination.
THE COURT: You have made a very clear record and
you have your right to appeal.
I feel the board looked into all of this, made
their recommendation, found him to have 130 points and I see
no reason to disturb that.
Thank you.
I, Vikki J. Benkel, a Senior Court Reporter in and for
the State of New York, do hereby certify that the foregoing
transcript is true and accurate to the best of my knowledge,
skill and ability.
Vikki J. Benkel
Vikki J. Benkel
Senior Court Reporter
EFTA00205210