Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 1 of 50 1 ·•,\ .t· ' .I t"' ~7 •. 1 . -2-- -------- ----------- IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT· -- -IN-AND___ F_OR -PA-LM--BEACH. COUNTY I FLORIDA J' CRIMINAL DIVISION 3 4 STATE OF FLORIDA 5 vs 6- JEFFREY EPSTEIN 7 Defendant. 8 ) ) ) ) ) ) ) ) CASE NO. 06 CF9454AMB 08 9381CFAMB 9 PLEA CONFERENCE 10 11 PRESIDING: 12 APPEARANCES: 13 14 15 16 17 18 19 HONORABLE DEBORAH DALE PUCILLO ON BEHALF OF THE STATE: BARRY E. KRISCHER, ESQUIRE State Attorney 401 North Dixie Highway West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, ESQUIRE Assistant State Attorney ON BEHALF OF THE DEFENDANT: ATTERBURY, GOLDBERGER & WEISS,P.A. 250 Australian Avenue South Suite 1400 West Palm Beach, Florida 33401 ·By: JACK GOLDBERGER, ESQUIRE CERTIFIED COPY 20 21 22 23 __L _ :·---- ,·•·>--···[.} June 3 O , 2 O O 8 Palm Beach County Courthouse 24 West Palm Beach, Florida 33401 ___ 2!:i ________ l:3_e~~1?::1_i_nJ__ ~_t---~-~~_o__ ~-'-~__1-_o_c_~, -~_:-~· ______ _ PHYLLIS A. DAMES, ----- -------- ------------ -•----------------- OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 2 of 50 2 BE IT REMEMBERED that the following 1 --··-·-~-·- ---·----·-·-·---------·-·-- ··.. ~~~------ --------- .. 2 proceedings were - - - - - - --- --.-.-- - - 3 before the HONORABLE DEBORAH DALE PUCILLO, 4 the judges of the aforesaid court, at the Palm 5 Beach County Courthouse, 6 West- Palm Beach, - State of Florida on June 20, 7 beginning at 8:40 o'clock, a.m. with appearances 8 as hereinbefore noted, 9 THEREUPON: 10 ( .. one of located in the City of 2008 _. to wit: MR. GOLDBERGER: Good morning, Judge, 11 Jack Goldberger on behalf 6f Jeffrey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: 15 here for a plea conference. . / ··- •••..• J'' - - ----- - --------------------------had in the above-entitled cause -- ! THE COURT: 16 17 Your Honor, we are Raise your right hand. THEREUPON: 18 JEFFREY EPSTEIN, 19 after being called as a witness by the Defense and 20 after being first duly sworn by the Court, 21 examined and testified as follows: 22 THE DEFENDANT: 23 THE COURT: 24 MS. BELOHLAVEK: 25 THE COURT: PHYLLIS A. DAMES, was Yes, ma'am. Is this one case or two? Two. May I see the PC OFFICIAL COURT REPORTER --· Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 3 of 50 3 1 ( affidavit in both cases, please? -,,-------------------------------------·-····-···•··-···--··-····-··-··· l MS. BELOHLAVEK: 2 3 affidavits. 4 Indictment, 5 arising out of the booking. 6 testimony presented to the grand jury. 8 It was all Let me see the Indictment I have one Indictment, one Information? 11 MS. BELOHLAVEK: 12 THE COURT: 13 ····-••'' the second charge was filed then? 9 10 There was originally an THE COURT: 7 ( There are no PC Correct. So one case is charged by Indictment, one is charged by Information? ) 14 MS. BELOHLAVEK: 15 THE COURT: Correct. In case 2006036744 you. 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, 20 period of probation. 21 apply, some No mandatory minimum is that correct, State? 22 MS. BELOHLAVEK: 23 THE COURT: Correct. And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third ·--.-..-/ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 4 of 50 4 'j --~:,...-...;::-,'°-- -- -.--.--,- 1 degree felony, 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. 4 mandatory minimums, --- ") 6 - .THE.COURT: MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. . THE COURT: You checked the NCIC as well as State records? 11 12 MS. BELOHLAVEK: 13 THE COURT: Yes. 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? MR. GOLDBERGER: We so agree, Your 21 MS. BELOHLAVEK: Yes. 22 THE COURT: 19 Honor. 20 MR. GOLDBERGER: 24 - Your Honor, much of the documentation is acknowledgement by my 25 -- What is proposed -- it goes on for pages. 23 ~- The defendant has no 8 10 - - Correct. prior criminal record? 7 -~-;-,-- - No correct? MS. BELOHLAVEK: 5 - -~- punishable by a maximum - ------------ - - - --------- -- ----- -- - PHYLLIS A. DAMES, ------------~-- - ------- -----~· ------ --- - - -·~--· ----- --- ----- OFFICIAL COURT REPORTER --- -- -- --- - -- - Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 5 of 50 5 1 -,/ --,. -- - ---- -- - 2 client to community control, status. THE COURT: 3 Okay. 4 5 6 sex offender I understand. What is proposed -- those are the maximums and minimums, Mr. Epstein. -- 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: 13 THE COURT: Correct. And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County 16 facility? 17 jail? detention He's going to do time in the 18 MS. BELOHLAVEK: 19 THE COURT: Yes. With credit for one day And on 08 9381, he is to be 20 served. 21 sentenced to six months in the Palm Beach 22 County jail detention facility, 23 for one day served. 24 sentence is to be served consecutive to the 25 12 month sentence? PHYLLIS A. DAMES, with credit And the six month OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 6 of 50 '• I 6 MS. BELOHLAVEK: 1 - -:;~ ---------- - - - ------· -- - -~-- ---- -- - ---- ---- ------c------ I - . ·-- --- --- - THE COURT: Following the six months 3 sentence, 4 12-months of community control one. 5 conditions of the community control are 6 attached hereto and incorporated herein. the defendant will be placed on The 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. 14 his community control officer? And you would mean by that 15 MS. BELOHLAVEK: 16 THE COURT: Correct. The defenda'nt 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. 22 must provide a DNA sample in court at the 23 time of this plea. 24 attachments are the terms and conditions of ' . community control. 25 .~ -----.--- 2 ··1 Correct., - - ------- - -------- ~--- ---------- --·-- -- - - ---- - ------ - -·-·------ ------ PHYLLIS A. DAMES, --·· ( The defendant Is this the -- and the There are some - ---·- --- ----- - -- --- ---- -------- - OFFICIAL COURT REPORTER --- ---·- ---- Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 7 of 50 \ ·'. 7 1 squiggles on the bottom of the page, what -------------------------·--·-·---«---- .- -··-··---·--- ----. --------------«----------2 would those squiggles be? 3 MR. GOLDBERGER: Thank you, Your 4 Honor, 5 acknowledging that we have gone over all 6 the conditions. 7 those are my client's signature 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, 11 squiggle at the bottom your squiggle? 12 THE DEFENDANT: 13 THE COURT: 14 initials? THE DEFENDANT: 16 THE COURT: page? THE DEFENDANT: 19 THE COURT: 20 THE DEFENDANT: 21 THE COURT: Yes, ma'am. Can you read? Yes, ma'am. How far did you go in school? 23 THE DEFENDANT: 24 THE COURT: 25 Yes, ma'am. Did you read all of that 18 22 ma'am. Would those be your 15 17 Yes, is that High school. That's your highest degree? -·--· -~------ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 8 of 50 ~ l 8 1 THE DEFENDANT: 2 THE COURT: ----- ----- ----=----~~= i --------------------·-···•-•.•-----·-····-·,.. .. , And is this your 3 signature on the pl~a sheet that recites 4 the terms of the plea I just read? 5 THE DEFENDANT: 6 THE.COURT: 7 / Yes. Yes, ma'am. Did you read that document as well? 8 THE DEFENDANT: .9 THE COURT: Yes, ma'am. 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 attache~ to you and -MR. GOLDBERGER: 15 Actually Your Honor, 16 the agreement of the parties is to, 17 community control one which is not monitor. THE COURT: 18 19 it~s Oh, community control one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, MS. BELOHLAVEK: He does not fall 22 23 it is, Your Honor. 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ,_._, _____ Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 9 of 50 ' / ' 9 ) 1 THE COURT: 2 MS. BELOHLAVEK: 3 THE COURT: THE COURT: 6 8 you incorporating? 9 MR. GOLDBERGER: 10 them with Your Honor. 11 THE COURT: - I can go through None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 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. 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 specified contact with the parole and 25 -- - Now which.of the terms and conditions of c6mmunity control one are 21 ·--·-- That is correct . 7 14 ___,,,,, Community control one . MR. GOLDBERGER: 5 ·.. Correct. that would be no electronic monitor? 4 - ---.....---~ ---t- Community control two. - - - -- --- - - - - - - ~ - ·- - -· - - -·- ---- ---- - ---- - ---·- - - - PHYLLIS A. DAMES, • ---- --- - OFFICIAL COURT REPORTER I Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 10 of ' I 10 50 1 -- ; - ( \ ·-· - probation officer, specified by who? - . ) 2 3 Your Honor. THE COURT: 4 I don't see that in the 5 plea sheet. That's why I'm asking the 6 questions~ 7 how frequently he is to have contact with 8 his parole and probation officer. 9 Confinement to an agreed upon residence No one has specified how often, 10 during the hours away from employment and 11 public service activity, has that been 12 articulated? I believe' MS. BELOHLAVEK: 13 14 Judge Mcsorley has a standard order 15 somewhere on the bench up there regarding 16 this, Judge, MS. LENHARDT: 17 18 I'm told by the prosecutor. usually this is the probation sheet she hands out to folks. THE COURT: 19 I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: 23 THE COURT: I see. Is there some reason you 24 didn't use this particular document in this 25 case? ----- ----- PHYLLIS A. DAMES, -·----·------- - -·- ---- ----------~-- -~-----·----- --- -·-------- OFFICIAL COURT REPORTER - ------- ---------------- Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 11 of ' ' 11 50 1 ./~•"'-, '"\ / until Ms. Lenhardt just told me that Judge 3 Mcsorley has that. 6 -- we overreacted by just having him sign_ 7 off on all conditions of community control. 8 THE COURT: 9 MR. GOLDBERGER: this is -Perhaps the better practice would be THE COURT: This is, the reason_ 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: 17 THE COURT: 18 this just unspecified. That makes sense. I'm not going to leave MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes. 22 23 -:1- - Well, We were 12 19 '-. We'd be happy to execute that document, Your Honor. 11 - MR. GOLDBERGER: 5 10 ,· I didn't realize 2 4 ! MS. BELOHLAVEK: THE COURT: All right. These are the standard conditions 24 that Judge Mcsorley normally uses. 25 like them, you need to circle the ones that - --------- · - PHYLLIS A. DAMES, OFFICIAL COURT REPORTER If you Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 12 of 12 50 ' - I 1 apply and everyone must initial them. 2 i;;iii go over it. 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. 6 agree to some change, 7 understand at the outset that I'm a big fan 8 of specificity. 9 will be doing for employment. -,;:::;-~-, .. \ I \ - " __ _)_ - - - - We If you wish to change If you let me know·, but I want to know what he I want to 10 know exactly where he is going to be living 11 and I want it on the record now. 12 change but it can only change with 13 preapproval by DOC. 14 clear. 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. It can I want it crystal I don't want the community control 21 MS. BELOHLAVEK: 22 THE COURT: 23 MR. GOLDBERGER: Absolutely. Okay. 24 Thank you, Your Honor. 25 THE COURT: We will work on it. We will recall that case. -- --- PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 13 of 13 50 1 (Brief recess.) 2 MR. GOLDBERGER: 3 back on Jeffrey Epstein, actually it 4 worked, we had an opportunity to go through 5 Judge McSorley's conditions of community 6 control and_ we_ as_ked the Department of_ 7 Corrections representative to assist us to 8 make sure we did everything properly. 9 They were very helpful and we executed the 10 11 document. MS. BELOHLAVEK: Yes, and Your Honor, 12 this defendant doesn't fall under the sex 13 offender probation but we have included 14 special sex offender donditions as part of 15 the community control and they are all 16 circled there. 17 THE COURT: The plea agreement stated 18 the defendant is designated as a ~exual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: PHYLLIS A. DAMES, Okay. the statute is I want to make OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 14 of 14 50 ' /..,..~-·,\ I 1 sure both I and the defendant are clear. 2 The sexual offender 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: 8 · " · .· And we will talk about that. MR. GOLDBERGER: 9 THE COURT: 10 Okay. But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: 14 THE COURT: Now, Correct·. rather than 948, do 15 you want me to disregard 948? 16 it? 17 MS. BELOHLAVEK: 18 THE COURT: He's read He's read it. We will leave it in But these conditions we are going 19 there. 20 to go over right now are going to be viewed 21 in my mind, yes, 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. and they have been signed 24 MS. BELOHLAVEK: 25 THE COURT: PHYLLIS A. DAMES, Correct. So circled are OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page15 15 of ' ' 50 conditions, A, you will remain confined to 1 2 ~_--_~,------=----------y,.__o.::....:::u..::r:..__:r::..e_;:_c::;s..::i::..;:d:::..e::..n==c---=e~e::..x:..::..--=c_:;:_.e.p t one ha 1 f hour before 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. B, you will maintain an hourly 7 8 accounting of all your activities on a 9 daily log which you will submit to your 10 supervising officer upon request. My understanding about the daily 11 12 log, maybe I'm just confused from other 13 cases I've heard, 14 weekly log, 15 of time, 16 17 18 is the daily log is a I guess it is submitted ahead is that correct? PROBATION OFFICER: That is correct, Your Honor. 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, 22 other activity. 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is suppose~ to be when. community service work and All that's information -~,·---=' PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 16 of 16 50 1 PROBATION OFFICER: That is correct, .. 2 ·/ I 3 5 that he's supposedly done all that he 6 himself will be keeping a daily _log? 9 PROBATION OFFICER: That is correct, Your Honor. THE COURT: And the log form will be provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 14 15 16 PROBATION OFFICER: That is correct, Your Honor. THE COURT: and F applies. Okay. So that applies Does E apply? 17 MS. BELOHLAVEK: 18 THE COURT: No. No. Did I circle E? F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, 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 25 - And.then to document 10 13 - As will his supervising probation officer. 8 - - THE COURT: 4 7 --- Your Honor. MR. GOLDBERGER: Florida, That is correct, Your Honor. --- PHYLLIS A. DAMES, 33480. OFFICIAL COURT REPORTER He Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 17 of 50 17 THE COURT: 1 - - - ---- (~- - -- - -- --· residence? 2 3 MR. GOLDBERGER: 4 THE COURT: 5 MR, GOLDBERGER: 7 THE COURT: MR. GOLDBERGER: THE COURT: Not anticipated, Should he not be Okay. 12 for whatever reason 13 time, 14 residence or able to reside there, 15 have the obligation of notifying his 16 probation officer prior, and I emphasize 17 this, prior to his release from custody. 18 assume that the department will be notified 19 prior to, 18-months is a long should he not be owning that he will I to his release? PROBATION OFFICER: 20 That is correct, Your Honor. 21 THE COURT: 22 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 verify his address and employment 25 --· Is there any possibility Your Honor. 11 I _He does, Your Honor. that he no longer owns the residence? 10 _ Does he own the 6 9 ' ---,.-:: _;,;' I - --- That is his home. residence? 8 - That 1 s a private - --· - ----- - -- ---- - - -- - --- - - -- ·- ---- ··--- -- - -- - ---- ---- - - PHYLLIS A. DAMES, -- -- - - - - ·- - ---- --· -- - --- --- --- - ----- --------- - OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 18 of 50 18 1 information? ------ -- - -~-~==== / ) 2 PROBATION OFFICER: 3 THE COURT: all of this, to and from work and any other 5 approved activities restricts him to Palm 6 Beai:;::h County, 8 That is correct, Your Honor. THE COURT: So let's be clear, 10 everything, from the day he walks out 11 occurs in Palm Beach County, is that c_lear? MR. GOLDBERGER: 12 13 Honor. We understand, -Your That's correct. THE COURT: 14 i is that correct? PROBATION OFFICER: 9 - All address -- I assume 4 7 -\::_:_-.;) That is correct. Then the additional 15 condition of his probation, 16 sex offender standard conditions, 17 just conditions that are being imposed 18 especially in this case? 19 MS. BELOHLAVEK: 20 THE COURT: they are not they are Correct. They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. 23 restrictions regarding work or approved 24 activity, 25 being at home in house from 10 p.m. to 6:00 a.m. PHYLLIS A. DAMES, regardless of any other there will be no exceptions to OFFICIAL COURT REPORTER to 6 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page19 19 of 50 1 a.m. 1 is that correct? _/~"'\_ _ -· -~2==== =~~~----M_S_._B_E_L_O_H_L_A_V_E_K_:_ _Y_e_s_.______ 1--...• ..i THE COURT: 3 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, 7 center, park 1 playground or other place 8 where children regularly congregate. Hai someone verified that 358 El 9 10 Brillo is such a place? MS. BELOHLAVEK: 11 12 day care No 1 but that wirl be done prior to his release. THE COURT: So 358 El Brillo will not .. 13 '\,.....__.." 14 be -approved if it should happen to be one 15 thousand feet from a school, day care 16 center 17 this is rather open. __ ,' 18 19 20 21 1 park, playground or other place MR. GOLDBERGER: Where children gather. THE COURT: Where children regularly congregate. 22 MS. BELOHLAVEK: 23 THE COURT: Right. The Court knows 358 El 24 Brillo Way is a residential neighborhood 1 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 20 of 20 50 t.- ·,\ ! I 1 regularly congregate? 2 MS. BELOHLAVEK: 3 4 ., i ....<~~__.,-:-,'-- THE COURT: why I'm asking. 6 investigated? Neither do I, which is Has that been MR. GOLDBERGER: 8 diligence, 9 residential street. We have done our due for what it's worth, there is a There are not children 10 congregating on that street. 11 address applies, 12 recognize that he can't live there. 13 . know. 5 7 I personally do not THE COURT: We think the if it doesn't, we fully Okay. Dis, you shall 14 not have any contact with the victim, 15 there more than one victim? 16 MS. BELOHLAVEK: 17 THE COURT: are There's several. Several, all of the 18 victims. So this should be plural. 19 making that plural. 20 any contact direct or indirect, 21 day and age I find it necessary to go over 22 exactly what we mean by indirect. 23 indirect, we mean no text messages, no 24 e-mail, no Face Book, 25 telephone calls, no voice mails, You are not to have and in this By no My Space, no ~ PHYLLIS A. DAMES, I'm OFFICIAL COURT REPORTER no Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page21 21 of 50 1 -( ,,..~··' .... messages through carrier pigeon, no 2 3 would you tell so and so for me, 4 a friend, 5 any of these victims with a message of any 6 sort from you, 8 THE COURT: Yes, ma 1 am And then it states, unless approved by the victim, the therapist and the sentencing court. 11 THE DEFENDANT: 12 THE COURT: Okay. I understand. And the sentencing court. 13 So, 14 think would be a bit strange to have 15 contact with any of the victims the court 16 must approve it. if there is a desire which, 17 MS. BELOHLAVEK: 18 THE COURT: I would Correct. 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. 23 becoming a condition of probation? 24 25 -- is that clear? THE DEFENDANT: 10 - ~- acquaintance or stranger approach 7 9 no having So, is this sex offender program MS. BELOHLAVEK: That is not. don 1 t believe I circled that one. - - -- PHYLLIS A. DAMES, OFFICIAL COURT REPORTER I Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 22 of 22 50 THE COURT: 1 :-···· , ,,_-- ·.•. -'"· - 2 \ our part. 4 pleading guilty to does not require the 6 THE COURT: MS. BELOHLAVEK: THE COURT: adequate substitute for sex offender 12 program? MS. BELOHLAVEK: I it is not 14 required and based upon the evaluation and 15 my contact with that doctor, 16 believe it's necessary at this point. THE COURT: I don't Has that been -- I assume 18 you have a law degree and do not have a 19 Ph.Din a psychology or MD in psychiatry? MS. BELOHLAVEK: THE COURT: So it is just your judgement 23 24 MS. BELOHLAVEK: 25 THE COURT: -- That is correct, don't. 22 - Which you find to be an 11 21 - He has already been in treatment with a private psychiatrist. 20 ···--- that 9 17 -- - I apologize, one is not. 13 ; but 8 10 ) I understand that, you circled it. 7 ':_---/ Actually the statute that he is 3 5 \ You did. Correct. that his treatment - -- - PHYLLIS A. DAMES, OFFICIAL COURT REPORTER I Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 23 of -23 50 c,' 1 ,,-··-· .. I with some fancy private psychiatrist or . .. ·-"'-·-2 ) 3 MS. BELOHLAVEK: 4 THE COURT: 5 E? MS. BELOHLAVEK: 7 THE COURT: F, Correct. 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 othe~ 11 place where children regularly congregate, 12 is that understood? 13 THE DEFENDANT: 14 THE COURT: Yes, ma'am. Children will be defined 15 as anyone under the age of 18. 16 lot of places where children regularly 17 congregate. THE DEFENDANT: 19 THE COURT: 22 23 There are a What kind of work do you do? 18 Banking. Here in Palm Beach County? 21 ,. So you are not imposing 6 20 \ That is correct. THE DEFENDANT: Virgin Islands, ma'am. 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 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 24 of 24 50 1 THE DEFENDANT: Yes, ma'am. ---;~~.~=~=~2---~-~---------..··H R-.-G-O-L7J'B"ERGB'R~our-From:rr-,--:i:- 1·m 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: 13 THE COURT: 14 MS. BELOHLAVEK: 15 THE COURT: That's not in there. Is that what you want? No. But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS . .BELOHLAVEK: 19 THE COURT: Okay. Correct. 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: 25 Would be really helpful if veople read these things before they / PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 25 of 25 50 1 signed them thoroughly. 2 treatment plan. 4 out, provided by the sexual offender 5 treatment program. 6 intend, tha~ his therapist can -MS. BELOHLAVEK: 8 THE COURT: 9 MS. BELOHLAVEK: 11 12 THE COURT: No. No? No. Unless otherwise indicated. 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, 17 obscene, pornographic or sexually 18 stimulating visual or auditory material 19 including telephonic, 20 computer program or computer services that 21 are relevant to your qeviant behavior 22 pattern. 23 J Is that what you 7 10 ',, I'm just going to strike 3 own, possess any electronic media, And who is going to enforce that? MS. BELOHLAVEK: 24 ·control officer. 25 THE COURT: The community How? - - ·...........,,..,...:. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 26 of 26 50 MS. BELOHLAVEK: 1 -::::~-.-;-~· \· They have the 2 oSrig·a~t:i:on a.nd included-in there for 3 warrantless search to check at any time his 4 home, his computer, anything he has contact 5 with. I ·' THE COURT: 6 7 that? 8 PROBATION OFFICER: 9 THE COURT: Since we have the pleasure of having someone from the 11 Department of Corrections here. 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. ·,I J Yes, ma'am. 10 12 / And do they regularly_do 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. G -- where is the G? 20 MS. BELOHLAVEK: 21 That was under the 22 original part, not under the sex offender 23 one. 24 25 THE COURT: Okay. Defendant to have contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page27 27 of 50 1 at a minimum one time a week. --, -;---,.,----..,2,--.-------------~D.e-f-e-i::t-d-a-n~t--t-o~W~O-J::k_a_t_.~.,.Rl~.OX~i~d.a,__~ - 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. 5 volunteer work or work for pay? MR. GOLDBERGER: 6 Is that It is a 501C 7 corporation that he has formed, 8 that will be doing charitable work. THE COURT: 9 10 12 THE COURT: THE DEFENDANT: THE COURT: How long has it been in existence? THE DEFENDANT: 20 THE COURT: ; Fifteen years. How many programs has it funded? THE DEFENDANT: 22 23 It funds science programs around the state and the country. 19 21 Do you want to explain? 17 18 What exactly is Florida MR. GOLDBERGER: 15 16 Yes. Science Foundation? 13 14 That he has formed? .MR. GOLDBERGER: 11 Your Honor, Numerous, more than 50. 24 THE COURT: 25 with the organization? PHYLLIS A. DAMES, What is your position OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 28 of 28 50 THE DEFENDANT: 1 3 THE DEFENDANT: 5 THE COURT: ) Yes, ma'am. directors? THE DEFENDANT: 8 THE COURT: 9 THE DEFENDANT: 10 banker but my -- 11 THE COURT: Two attorneys. What exactly do you do? I'm an investment No, no, I mean with the science foundation. THE DEFENDANT: 13 I -~I Who's on the board of 7 12 I directors? 4 6 President. 14 science programs 15 THE COURT: We fund I don't want to know what 16 we do, I want to know what you do. 17 often are you there? 18 THE DEFENDANT: How 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. 23 is in physics. 24 programs in detail, 25 potentials, My background I go through all the review the science work I follow through on a daily -- \':c--,-:_) _-- - - - PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 29 of 29 50 1 basis with what they have been given money ~.------~----~z=··=··~~=~~-t:o-d-o·--:.-·- - - - - - - - - - - - - - - - - - - - - - - - - - : } THE COURT: 3 4 grantees? THE DEFENDANT: 5 Harvard University. 6 There is a full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. THE COURT: 9 Do you ever have occasion 10 to deal with anyone under the age of 11 eighteen? THE DEFENDANT: 12 13 14 is, THE COURT: Right, asking the question. 16 THE DEFENDANT: 18 Not very often. It if someone is in college -- sorry. 15 17 < Who are some recent that's why I'm Most of the people I fund are all usually professors. THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if 21 ever have any involvement with high 22 schools? this organization, 23 THE DEFENDANT: 24 THE COURT: 25 THE DEFENDANT: PHYLLIS A. DAMES, do they No, ma'am. Students or teachers? No, ma'am. OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 30 of 30 50 ( ) 1 THE COURT: Okay. 2 MS. BELOHLAVE~-~fios~ are 3 duplicates, you will see those are the same 4 as the ones on the previous page, 5 it was reproduced. 6 THE COURT: however, The next condition, you_ 7 shall maintain. a driving log. 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 You shall officer. If there was sexual contact, you 11 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 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: 18 THE COURT: on that? 20 on something like that. 22 Not yet. Do we have a time frame 19 21 will be I would think ASAP might be good MS. BELOHLAVEK: I believe they can actually do that at the jail. 23 THE COURT: 24 MS. BELOHLAVEK: 25 THE COURT: PHYLLIS A. DAMES, At his expense? Yes. I would request that that OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 31 of 31 50 1 be done within 48 hours? You snall not ontaTn or use a post 2 3 office box without prior approval of the 4 supervising officer. 5 Okay. Are all those conditions 6 you two have agreed to? 7 MS. BELOHLAVEK: Yes, 8 MR. GOLDBERGER: With the court's 9 amendments, yes. 10 THE COURT: 11 Your Honor. Mr. Epstein, do you understand? 12 THE DEFENDANT: 13 THE COURT: Yes, ma'am. I need the defendant to 14 sign number D where I had ans added to 15 victim, 16 indicatid language. 17 you agreed. 18 and G, we struck out the otherwise Otherwise, it is as Mr. Epstein, do you understand 19 this is a somewhat complicated terms of the 20 plea that you've agreed to? 21 THE DEFENDANT: 22 THE COURT: 23 Yes, ma'am Do you have any questions about the terms of the plea? 24 THE DEFENDANT: 25 THE COURT: PHYLLIS A. DAMES, No. Can I ask the State why OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 32 of 32 50 1 you choose -- or defense and the State 2 together, why twelve monffi~in -fTie'""Paim 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: 6 of the parties, Your Honor. 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 11 It was the agreement We just everyone's requirements. 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. BELOHLAVEK: 15 THE COURT: Right. You understand we're 16 losing positions left and right in county 17 government because we haven't g·ot enough 18 money but you want 19 okay. His requirement to register there there is nine pages 20 is many, many 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: PHYLLIS A. DAMES, Yes, ma'am. OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 33 of 33 50 ". 1 ( \ ! THE COURT: Do you understand you 2 will be required to register and this~w-11r~~- 3 be an ongoing life long obligation? 4 THE DEFENDANT: 5 THE COURT: 6 7 Yes, ma'am. And this registration occurs when? MS. BELOHLAVEK: Within 48-hours of rel-ease. 9 So when he gets out of 10 the Palm Beach County ·jail, he needs to 11 register? 12· is going to provide him with the form7 13 MR. Okay. And the department GOLDBERGER: who He actually 14 registers out at the Sheriff 1 s Office, Your 15 Honor, we can do it out there. 16 I THE COURT: 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 1 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 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 34 of 34 50 1 ( -- 3 MS. BELOHLAVEK: 4 THE COURT: ·- -- - Correct. Mr. Epstein, I need to 5 make sure you understand that that's what's 6 required by this plea. 7 probation, community control is required to 8 live and abide by the laws. 9 jurisdiction you choose to reside in should 10 have some additional municipal requirements 11 you will be required in order to co~ply 12 with the law of living there, 13 can't get a parking ticket or speeding 14 ticket, 15 but I want to make sure you understand 16 because I have seen some defendants who 17 have been confused about this. 18 don't, 19 Beach has you register that does not take 20 care of 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 ' ') "-'-- he has to do is the official State of Anyone on So if a just like you to comply with those regulations If you for example, if the Town of Palm THE DEFENDANT: Your requirement Yes,_ ma'am. ~ PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 35 of 35 50 THE COURT: 1 r · ·· 1 · 2 And if my experience the asE-few mont~isof any va_lue, fney are 3 very serious about enforcing this. 4 will be tracking you for the rest of your 5 life. 6 care when you are done with community 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 registering, 10 Do not move. Do not go -- I don't they will find and you will be locked up. 11 THE DEFENDANT: 12 THE COURT: 13 They Yes, ma'am. Okay. Any questions about that? 14 THE.DEFENDANT: 15 THE COURT: No, ma'am. Did you read the plea in 16 the circuit court form that describes all 17 the rights you are giving up by entering 18 this plea? 19 THE DEFENDANT: 20 THE COURT: 21 before, can you read? I' think I 22 THE DEFENDANT: 23 THE COURT: 24 influence of alcohol, 25 today? PHYLLIS A. DAMES, Yes, ma'am. asked you Yes. Are you under the drugs.or medication OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 36 of 36 50 THE DEFENDANT: 1 HE-CUURT-:-Norm-a:r1y~e-a-'k1n g--a--n y 2 3 prescribed medication? 4 THE DEFENDANT: 5 THE COURT: Only for cholesterol. Does that interfere with 6 your mental ability? 7 THE DEFENDANT: 8 THE COURT: 9 No, ma'am. No. Do you understand you have an attorney, you have a right to trial 10 by jury, there is not going to be a jury 11 trial. 12 That your attorney and you would have~ 13 right to confront and cross examine, 14 understand you have a right to call 15 witnesses of your own and the court would 16 issue subpoenas to compel their attendance 17 just like any other witness called by the 18 State, that you have the right -~ absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, 22 those rights? There won't be witnesses called. 23 THE DEFENDANT: 24 THE COURT: 25 do you do you understand Yes, ma'am. Do you understand if you are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 37 of 37 50 ' \ -- 1 could subject you to deportation pursuant 2 to the laws and regula'c1ons governi-ng-Ene 3 United States Immigration and 4 Naturalization Service and this court has 5 no jurisdiction or authority in such __ matters, 6 7 THE DEFENDANT: 8 THE COURT: you, 9 { \ '· \ 1 Yes. Has anybody threatened coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEfENDANT: 13 THE COURT: No. Do you understand this is a plea in criminal court? 14 / - " --· - . - ':',__e_ do you understand that? 15 THE DEFENDANT: 16 THE COURT: Yes, ma'am. This has -- in criminal 17 c.ourt in Palm Beach County, State of 18 Florida. 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? I have absolutely nothing to do 21 THE DEFENDANT: 22 THE COURT: Yes, ma'am. Is this plea in any way 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? MR. GOLDBERGER: 25 - - -·-- - - May we come sidebar - PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 38 of ·~ ' 38 50 '- \ ·l . 1, on that, Your Honor? 1 ~--···<-·, 2 l 3 "' recorded. 4 MR. GOLDBERGER: That's fine. 5 THE COURT: Defendant needs to (Whereupon, there was a conference at 6 7 8 the bench.) MR. GOLDBERGER: 9 10 asked to come sidebar, 11 nonprosecution agreement with the United 12 States Attorney's office that triggers-as a 13 result of this plea agreement. 14 words, 15 will not prosecute Mr. Epstein in the 16 Southern District of Florida for any 17 offense upon his successful taking of this 18 plea today. 19 document that the parties have agreed to. 20 Just in an abundance of caution, 21 to tell the court. 22 .,·· __ \ __)__ there is a In other they have signed off and said they That is a confidential THE COURT: I understand, I wanted that would 23 also be invalidated should he violate his 24 community control? 25 - The reason why I MR. GOLDBERGER: Absolutely. - PHYLLIS A. DAMES, OFFICIAL COURT REPORTER That Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 39 of 39 50 l 1 '.; I I ~ ,'! 1 nonprosecution agreement -- ;,c--'-----2-----------M-S-.-B~E=L~O~H=L~A~V=E=K~:-=They sperl-aTr-fhat ·~ 3 out. THE COURT: 4 5 M~. Epstein needs to come closer. Mr. Epstein, 6 your atto~~ey has 7 told me that in addition to everything, we 8 talked about another Inducement, 9 say, shall we to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement 13 with you, meaning that if you success£ully 14 complete probation and do ~verything you're 15 supposed to,· they have, have agreed not to 16 prosecute you federally, 17 that? 18 THE DEFENDANT: 19 THE COURT: did you understand Yes, ma'am. And I would view that as 20 a significant inducement in accepting this 21 plea. 22 23 24 MS. BELOHLAVEK: court here today, THE COURT: PHYLLIS A. DAMES, They are actually in also. Okay. OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page40 40 of 50 tq', •~ " l l agreement very carefully spelled out if 1 - ~ ~ - -- -. -2=·~~~~~~ ) 3 4 THE COURT: Okay. I would request that a sealed copy of that -- Mr. 6 has signed that document? 8 9 \_, __ _..,... ) so we are well aware of it. 5 7 r:··.:·\ agreement, MR. GOLDBERGER: Yes, Epstein I would.like to seal the copy. THE COURT: I want a sealed copy of That is the only 10 that filed in this case. 11 other condition of 12 influencing this defendant to make this 13 decision? 14 15 the agreement that is MR. GOLDBERGER: Absolutely. that's the right idea. 16 (Return to open court.) 17 THE COURT: 18 I think Mr. Epstein, is there anything else? 19 THE DEFENDANT: 20 THE COURT: No, ma'am. Because I don't take 21 these pleas unless they are freely and 22 voluntarily made. 23 THE DEFENDANT: 24 THE COURT: 25 I understand that. I also don't want somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 41 of 41 50 two years from now saying, oh no, 1 ~ no, they (7> ........... •2c=· ~~~~ I 3 anything else that is influencing you to 4 make this decision, 5 about it. 6 THE DEFENDANT: 7 MR. GOLDBERGER: 8 THE DEFENDANT: 9 ,,.-"'-•, C~J then I need to know I understand that. Thank you. Thank you very much, Your Honor. 10 (Return to open court.) 11 THE COURT: All right, Mr. Epstein, 12 any questions about the rights you are 13 giving up by entering this plea? 14 THE DEFENDANT: 15 THE COURT: 16 17 No ma'am. State, please give me a factual basis. MS. BELOHLAVEK: In 069454 CF AMB, 18 between August 1, 2004 and October 31, 19 2005, the defendant in Palm Beach County 20 did solicit or procure someone to commit 21 prosecution on three or more occasions. 22 And in 08 CF 9381 CF AMB between 23 August 1, 2004 and October 9, 24 defendant did procure a minor under the age 25 of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, 2005, OFFICIAL COURT REPORTER the Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 42 of 42 50 ,~ ( I J;'.. 0. 1 County also. 3 factual basis to support the pleas. ) .I 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 11 victim, and I believe, yes. THE COURT: And with regard to the 12 victims under age eighteen, 13 victim's parents or guardian in agreement 14 with the plea? is that .-'•·~··••"'\ I :·. ·~~ .....~ / ) 15 under age 18 any more and that's why we 17 spoke with her counsel. 19 \ J-' That victim is not 16 18 ,,..··· i MS. BELOHLAVEK: THE COURT: And she is in agreement with the plea? 20 MS. BELOHLAVEK: 21 THE COURT: Yes. And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: 25 THE COURT: Yes. Confidentially. -- -'-....,,C---- PHYLLIS A. DAMES, OFFICIAL COURT REPORTER That Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 43 of 43 50 ol> c 1 information will not be related to the 3 purposes of verifying compliance with this 4 agreement? "'-~~,:;,:,;.:,a,\ c·-- .1 5 MS. BELOHLAVEK: 6 THE COURT: from anybody else before I accept this 8 plea? MR. GOLDBERGER: THE COURT: 10 plea. Thank you, Your MR. GOLDBERGER: 14 Honor, 15 previously entered pleas of not guilty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. at this time we would withdraw our THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. 20 find you are intelligent, 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 25 -- if it is 12 a PSI, -- - - -- I alert, you Pursuant to the plea, 24 --- Goldberger, your desire, you may enter your client's 18 <) Mr. No, Your Honor. 11 13 ---._/ Is there anything else 7 9 - Yes. I am waiving I will sentence you at this time - ----- PHYLLIS A. DAMES, ---~ - -~ - - ------ - -- -- - -- - - . - - --- --- -·- - - - - -~- - OFFICIAL COURT REPORTER ·-·- - - - - - -- - ---- ~- --~ ------ -- - -.. Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 44 of ,1:, 44 50 'l ' r. 0 . ' ' ~~---· 1 pursuant to it. 2 gu1Ity of felony solicrcacion o 3 prostitution, a third degree felony, 4 number 06 CF 00945A -- 454 AMB, 5 procuring a person under 18 for 6 7 With respect to the solicitation of prosecution, I will sentence you to 10 twelve months in the Palm Beach County 11 detention facility with credit for the one 12 day served. With respect to 08 CF 009381, I 14 will sentence you to six months in the Palm 15 Beach County detention facility, 16 credit for the one day served. 17 month sentence is to be served consecutive 18 to the twelve month sentence. 19 ) and 009381AMB. 13 \ case . prostitution, a_ se_concl degree. felony 08 CF 8 9 I will adjudicate you with That six Following the six month sentence 20 you will be placed on 12 months of 21 community control. 22 cases, 23 correct? I assume, That will be on both to run concurrently, 24 MS. BELOHLAVEK: 25 THE COURT: Only on the 08 case. Only on the second degree - - ~...· - - " - · · PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 0 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 45 of ' 45 50 , , , ,, felony? 1 !\ ~,-.... 2 ( 3 4 \ , ____ __./ Ii ', I , _\_)_ that designates him a sexual off~nder. THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year commun~ty ~ontrol which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 /':::::-~.,-., '"S-.-B"E':CUHL"""A:VE'K : 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. 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. You are to be designated a 18 You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, 21 service work or other activities approved 22 by yoµr probation officer. 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, community You will OFFICIAL COURT REPORTER Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 46 of 46 50 ,, t,~J ' C I 0 1 You will be residing at 358 El :2· r------- PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ,~ Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page47 47 of 50 1 IJ, e_, 1 children may congregate. You shall not . r,,,..·r- .. - . 2 . .J 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, 6 programs, 7 relevant to deviant behavior. computer services that are You shall submit two specimens of 8 9 computer blood to Florida Department of Law 10 Enforcement to be registered with the DNA 11 data bank. 12 warrantless search by the probation office~ 13 or community control officer of your 14 person, residence or vehicle. You shall submit to a You shall maintain a driving log. 15 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 supervising officer. You shall submit to, 19 at 20 probationer or community control expense a 21 HIV test, 22 released to the victims or victim's parent 23 or guardian. 24 hours. the result of which is to be That has to be done within 48 : I I / I -- '\.. I 25 You shall not obtain or a use post ) --~------- PHYLLIS A. DAMES, OFFICIAL COURT REPORTER j Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page48 48 of 50 ,, n <'.' 1 office box without the prior approval of ( /""· -,---------------1--h-e-s·up-e-rv-rs-±ng-o-f·f-i-c·e-r---:·-~ I MS. BELOHLAVEK: 3 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: 8 MS .. BELOHLAVEK: 9 hear it. I did. I'm ·sorry, I didn't. I just wanted to make sure. THE COURT: 10 Yes, And the warrantless 11 search by the community control officer of 12 the person, 13 understand the person, 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, 18 luck. residence or vehicle residence or vehicle okay. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: 22 MR. GOLDBERGER: 23 24 25 Good Is there a judgment? Yes, there should be judgments. THE COURT: Was there a condition of community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ') Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page49 49 of 50 ii' paying it? 1 ,;\,) ' r-, rt it1 (" r_, -L,------------MR.-G.O.LD.B.ERG.ER:--A.c.t.ua.1.1¥---t.hex.e..a.i.s_..a. 3 cash bond posted, court cost can be 4 deducted from the cash bond. $574 is the total? 5 THE COURT: 6 MS. BELOHLAVEK: 7 THE COURT: 8 Is that to cover both cases? MR. GOLDBERGER: 9 THE COURT: 11 MR. GOLDBERGER: 13 Yes. Thank you. 10 12 Correct. Thank you, Your Honor. (Whereupon, at 9:48 0 1 clock a.m. the (··-·\ \.___ j 14 proceedings before the Court, concluded.) 15 16 17 18 19 20 21 22 23 24 (_) 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ! Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 50 of . 50 50 C (.") 0 '['.• 1 C E R T I F I C A T E -_(,,n"••,J--- - - ; 2 - - - - - - - - ' - ' - - - - - ' - - - ' - - - - - - ~ - - - - - - - - - - - , - - - , . - - - - - - - - - - 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. I, 5 PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before in and for Palm Beach County, 10 the Court at the time and place aforesaid; and 11 that the preceding pages numbered from 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. · IN WITNESS WHEREOF, 15 16 I have hereunto affixed my official signature this 19th 17 July, 200 8. 18 19 20 21 22 23 24 G 25 PHYLLIS A. DAMES, 1 through 49, OFFICIAL COURT REPORTER day of