DS9 Document EFTA00594629

1 7 1:N7 77' • 3. • 3 4 5 6• 7 8 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT. IN AND FOR STATE OF FLORIDA PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION ) ) vs ) CASE NO. 06 CF9454AMB ) 08 9381CFAMB JEFFREY EPSTEIN Defendant. ) ) ) ) 9 PLEA CONFERENCE 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO 12 APPEARANCES: 13 ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE 16 Assistant State Attorney 17 ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE 20 CERTIFIED COPY 21 22 23 June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594629 2 1 BE IT REMEMBERED that the following 2 proceedings were had in the above-entitled cause 3 before the HONORABLE DEBORAH DALE PUCILLO, one of 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, located in the City of 6 West Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf of Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we are 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, was 21 examined and testified as follows: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594630 3 s 4 S 3 1 affidavit in both cases, please? 2 MS. BELOHLAVEK: There are no PC 3 affidavits. There was originally an 4 Indictment, the second charge was filed 5 arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 10 11 12 13 14 15 16 17 I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by Indictment, one is charged by Information? MS. BELOHLAVEK: Correct. THE COURT: In case 2006036744 you are charged with procuring a person under 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594631 4 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We so agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594632 5 4 1 client to community control, sex offender 2 status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those • 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594633 6 1 • MS. BELOHLAVEK: Correct. 2 THE COURT: Following eife- six monEhs 3 sentence, the defendant will be placed on 4 12-months of community control one. The conditions of the community control are 6 attached hereto and incorporated herein. 7 As a special condition of 8 community control, he's to have no 9 unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of 12 time, not after the fact by the Department 13 of Corrections. And you would mean by that 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defendant is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435. and must abide by 19 all the corresponding requirements of the 20 statute, a copy of which is attached hereto 21 and incorporated herein. The defendant 22 must provide a DNA sample in court at the 23 time of this plea. Is this the -- and the 24 attachments are the terms and conditions of 25 community control. There are some PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594634 7 1 squiggles on the bottom of the page, what 2 would those squiggles be? 3 MR. GOLDBERGER: Thank you, Your. 4 Honor, those are my client's signature acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 sheet that really spells out the terms and 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE. COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read all of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594635 8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? B THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand once you 10 do your 12 months followed by your six 11 months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it!s 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594636 9 1 ' 2 3 4 THE COURT: Community control two. MS. BELOHLAVEK: Correct. THE COURT: Community control one -- that would be no electronic monitor? 5 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594637 ro 3. 3 4 5 10 probation officer, specified by who? --------TWOBATION- OFFICERTmStiddITI6d-by—p5W, Your Honor. THE COURT: I don't see that in the plea sheet. That's why I'm asking the 6 questions. No one has specified how often, 7 how frequently he is to have contact with 8 his parole and probation officer. 9 Confinement to an agreed upon residence 10 during the hours away from employment and 11 12 13 14 15 public service activity, has that been articulated? MS. BELOHLAVEK: I believe Judge McSorley has a standard order somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is 18 . the probation sheet she hands out to folks. 19 THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594638 11 1 2 3 4 5 6 7 8 9 10 11 MS. BELOHLAVEK: I didn't realize until Ms. Lenhardt just told me that Judge McSorley has that. MR. GOLDBERGER: We'd 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 12 Judge McSorley does this which makes 13 ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves now what the -- 16 MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecified. 19 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes. 22 THE COURT: All right. 23 These are the standard conditions 24 that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594639 12 1 apply and everyone must initial them. We 2 will go over it. If you wish to change 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you 6 agree to some change, let me know, but 7 , understand at the outset that I'm a big fan 8 of specificity. I want to know what he 9 will be doing for employment. I want to 10 know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC, I want it crystal 14 clear. I don't want the community control 15 officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt 17 or confusion as to exactly what this 18 defendant is supposed to do, where he is 19 supposed to be when, exactly what I am 20 requesting that officer to supervise. 21 MS. BELOHLAVEK: Absolutely. 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594640 13 • 1 (Brief recess.) 3 MR. GOIDBEadElli Your F~onor, we are back on Jeffrey Epstein, actually it 4 worked, we had an opportunity to go through 5 6 7 8 9 10 11 12 13 Judge McSorley's 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 doesn't fall under the sex offender probation but we have included 14 special sex offender conditions as part of 15 16 17 . 18 the community control and they are all circled there. THE COURT: The plea agreement stated the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594641 • 4 14 1 sure both I and the defendant are clear. 2 The sexual ifffelair statute you are 3 referring to in the plea sheet is the one 4 that requires registration? 5 MS. BELOHLAVEK: Correct. 6 MR. GOLDBERGER: Correct. 7 THE COURT: And we will talk about 8 that. 9 MR. GOLDBERGER: Okay. 10 THE COURT: But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: Correct% 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAVEK: He's read it. 18 THE COURT: We will leave it in 19 there. But these conditions we are going 20 to go over right now are going to be viewed 21 in my mind, yes, and they have been signed 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. 24 MS. BELOHLAVEK: Correct. 25 THE COURT: So circled are PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594642 15 1 conditions, A, you will remain confined to r . 2 __your residence except one half hour befoi.e 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. • 7 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 . supervising officer upon request. 11 My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594643 16 4 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 probation officer. And, then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594644 17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residence? 9 MR. GOLDBERGER: Not anticipated, 10 Your Honor. 11 THE COURT: Okay. Should he not be 12 for whatever reason -- 18-months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 this, prior to his release from custody. I 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 THE COURT: And then you would need 23 to send someone to meet with him before he 24 walks out of the Palm Beach County jail and 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594645 18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this to and from work and any other 5 6 8 9 10 11 approved activities restricts him to Palm Beach County, is that correct? PROBATION OFFICER: That is correct, Your Honor. THE COURT: So let's be clear, everything, from the day he walks out occurs in Palm Beach County, is that clear? 12 MR. GOLDBERGER: We understand, Your 13 Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or approved 24 activity, there will be no exceptions to 25 being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594646 19 1 a.m., is that correct? 2 MS. BELOHLAVEK: Yes. 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case 5 because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Has someone verified that 358 El 10 Brillo is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not 14 be.approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place 17 this is rather open. 18 MR. GOLDBERGER: Where children 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594647 20 1 regularly congregate? 2 BabliaaVffir 3 know. 4 THE COURT: Neither do I, which is 5 why I'm asking. Has that been 6 investigated? 7 MR. GOLDBERGER: We have done our due 8 diligence, for what it's worth, there is a 9 residential street. There are not children 10 congregating on that street. We think the 11 address applies, if it doesn't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shall 14 not have any contact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK: There's several. 17 THE COURT: Several, all of the 18 victims. So this should be plural. I'm 19 making that plural. You are not to have 20 any contact direct or indirect, and in this 21 day and age I find it necessary .to go over 22 exactly what we mean by indirect. By 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, no My Space, no 25 telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594648 23. i 1 messages through carrier pigeon, no 2- • mmrnerargmrs through- third partten, mortey. 3 would you tell so and so for me, no having 4 a friend, acquaintance or stranger approach 5 any of these victims with a message of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it states, 9 unless approved by the victim, the 10 therapist and the sentencing court. Okay. 11 THE DEFENDANT: I understand. 12 THE COURT: And the sentencing court. 13 So, if there is a desire which, I would 14 think would be a bit strange to have 15 contact with any of the victims the court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, which was the case, you 20 shall not until you have successfully 21 attended and completed the sex offender 22 program. So, is this sex offender program 23 becoming a condition of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594649 22 1 THE COURT: You did. —7 — -MCGOLDBERZER: 111ctt --- 3 our part. Actually the statute that he is 4 pleading guilty to does not require the 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 9 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 11 adequate substitute for sex offender 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and based upon the evaluation and 15 my contact with that doctor, I don't 16 believe it's necessary at this point. 17 THE COURT: Has that been -- I assume 18 you have a law degree and do not have a 19 Ph.D in a psychology or MD in psychiatry? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594650 23 1 with some fancy private psychiatrist or - -okay-?• — 3 MS. BELOHLAVEK: That is correct. 4 THE COURT: So you are not imposing S E? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: F, if the victim was 8 under the age of 18, you shall not work or 9 play or as a volunteer in any school, day 10 care center, park, play ground or other 11 place where children regularly congregate, 12 is that understood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined 15 as anyone under the age of 18. There are a 16 lot of places where children regularly 17 congregate. What kind of work do you do? 18 'THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Beach 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will 24 not travel from Palm Beach County for the 25 duration of this? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594651 24 1 THE DEFENDANT: Yes, ma'am. 3 sorry to interrupt, we do cover the 4 employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. 13 THE COURT: Is that what you want? 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying 20 that this therapist can okay him to own 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594652 25 1 signed them thoroughly. 3 4 5 6 virresz- arii2rwig€ i int trat tr In-- treatment plan. I'm just going to strike out, provided by the sexual offender treatment program. Is that what you intend, that his therapist can 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise 11 indicated. 12 MR. GOLDBERGER: The parties have 13 agreed that during the period that he is -- 14 cannot be -- 15 THE COURT: Condition G will now 16 read, you shall not view, own, possess any 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, electronic media,. 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community 24 'control officer. 1 : 25 THE COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER -- EFTA00594653 26 1 MS. BELOHLAVEK: They have the 2 -753513.ga-tion ana 3 warrantless search to check at any time his 4 home, his computer, anything he has contact 5 with. 6 THE COURT: And do they regularly do 7 that? 8 PROBATION OFFICER: Yes, ma'am. 9 10 pleasure of having someone from the 11 Department of Corrections here. 12 Okay. H, you shall submit two 13 specimens of blood to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 J, you shall submit to a 17 warrantless search by your probation 18 officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer THE COURT: Since we have the PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594654 27 1 -2- 3 4 at a minimum one time a week. -Detsadant to-wcox-ki-at---F-Laritin Science Foundation, 250 Australian Avenue, West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. 9 THE COURT: That he has formed? 10 MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? 13 MR. GOLDBERGER: Do you want to 14 explain? 15 THE DEFENDANT: It funds science 16 programs around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. '20 THE COURT: How many programs has it 21 funded? 22 THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your position 25 with the organization? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594655 28 1 THE DEFENDANT: President. -THS- COUVIL: directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an investment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science foundation. 13 THE DEFENDANT: We fund 14 science programs -- 15 THE COURT: I don't want to know what 16 we do, I want to know what you do. How 17 often are you there? 18 THE. DEFENDANT: I'm there every day, 19 I research, I take in people who want to 20 make presentations about why they need 21 money for funding medical research, 22 advanced science research. My background 23 is in physics. I go through all the 24 programs in detail, review the science work 25 potentials, I follow through on a daily ,1 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594656 29 A 1 basis with what they have been given money 2 to do-7- 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorry. 14 THE COURT: Right, that's why I'm 15 asking the question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if -- this organization, do they 21 ever have any involvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teachers? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594657 30 1 THE COURT: Okay. - - -MST - B-EIDHL VNKT 'raise are 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 THE COURT: The next condition, you 7 shall maintain a driving log. You shall 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 'officer. 11 If there was sexual contact, ydu 12 shall submit to at probationer's or 13 community controllee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can 22 actually do that at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: I would request that that PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594658 31 1 be done within 48 hours? 2 (Tr— ale- 6; far - 3 office box without prior approval of the 4 supervising officer. S Okay. Are all those conditions 6 you two have agreed to? 7 MS. BELOHLAVEK: Yes, Your Honor. 8 MR. GOLDBERGER: With the court's 9 amendments, yes. 10 THE COURT: Mr. Epstein, do you 11 understand? 12 THE DEFENDANT: Yes, ma'am. 13 THE COURT: I need the defendant to 14 sign number D where I had an s added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as 17 you agreed. 18 Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594659 32 1 you choose -- or defense and the State -t-Ugether, wily, twelve months in the -Pair 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVER: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want --.okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all thode, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594660 33 4 1 THE COURT: Do you understand you 2 van - 5e 16741i fi re a -H.- registerMTEirt 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of release. 9 THE COURT: So when he gets out of 10 the Palm Beach County jail, he needs to 11 register? Okay. And the department -- who 12 is going to provide him with the form? 13 MR. GOLDBERGER: He actually 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the 18 one who is statutorily required to handle. 19 these registrations but some of our 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. 25 THE COURT: What you are telling him PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594661 34 4 1 he has to do is the official State of - - - 3 MS. BELOHLAVEK: Correct. 4 THE COURT: Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. Anyone on 7 probation, community control is required to B live and abide by the laws. So if a 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 13. 12 13 you will be required in order to comply with the law of living there, just like you can't get a parking ticket or speeding 14 ticket, to comply with those regulations 15 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. If you 18 don't, for example, if the Town of Palm 19 Beach has you register that does not take 20 care of your requirement. Your requirement 21 to register with FDLE through the Sheriff's 22 office is separate, distinct and must be 23 done on their form according to their 24 schedule. 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594662 35 4 1 3 4 5 7 THE COURT: And if my experience the of any value, very serious about enforcing this. They will be tracking you for the rest of your life. Do not move. Do not go -- I don't care when you are done with community control, they need to know exactly where 8 you are and if you go anywhere without 9 10 11 12 13 14 15 16 registering, they will find and you will be locked up. THE DEFENDANT: Yes, ma'am. THE COURT: Okay. Any questions about that? THE DEFENDANT: No, ma'am. THE COURT: Did you read the plea in the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I'think I asked you 21 before, can you read? 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the 24 influence of alcohol, drugs or medication 25 today? .PHYLLIS A. DAMES; OFFICIAL COURT REPORTER EFTA00594663 36 THE DEFENDANT No maam THE tODRTr Nit- fliytfl 1 t prescribed medication THE DEFENDANT Only for cholesterol THE COURT Does that interfere with your mental ability THE DEFENDANT No THE COURT Do you understand you have an attorney you have right to trial 10 by jury there is not going EFTA00594664 45 1 felony? MS: 13 cnirAvErf —corre-c-c —ttrerr ------ 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised contact 11 with minors and the supervising adult must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Statute. 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594665 46 • I 1 You will be residing at 358 El 2- triato- Wax7-Patm -hewahr-Ftorida- 1 -341-0. 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at their 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place where \ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594666 47 1 children may congregate. You shall not 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA 11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control officer of your 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. / 25 You shall not obtain or a use post / PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594667 48 r - 1 office box without the prior approval of ---tire- supervising ottirer 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm .sorry, I didn't hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of 12 the person, residence or vehicle -- 13 understand the person, residence or vehicle 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should, be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594668 49 • (I I 1 paying it? 3 cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. the 14 proceedings before the Court, concluded.) 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594669 50 1 C E R T I F I C A T E 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 1 through 49, 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. 15 IN WITNESS WHEREOF, I have hereunto 16 affixed my official signature this 19th day of 17 July, 2008. 18 19 20 21 PHYLCTS A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00594670 EFTA00594671 EFTA00594672 EFTA00594673 EFTA00594674 EFTA00594675 EFTA00594676 EFTA00594677 EFTA00594678