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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 3 of 23 Foundation, The Dreyfus Foundation, The Seth Sprague Foundation, The Gralnick Foundation, The Harris Foundation, U.S. Trust, and The Scheuer Family Foundation. Most recent grants: 1996-2002: Support from The Office of Education, Division of Special Education, San Mateo County, California. 1996 The Windholz Foundation, San Francisco, for video documentation of an experimental project concerning treatment of disturbed and traumatized preschool patients in a public education special education division. 1999 Morris Stulsaft Foundation for video-recording facility to document treatment in The Cornerstone Therapeutic School. 1999-2001 The Cadence Corporation - for early childhood treatment services 2000-2001 The Harris Foundation for Cornerstone Therapeutic School. 2000 Funding and Recognition by the State of California: In 2001, The Department of Education, Division of Special Education, certified the Cornerstone Therapeutic School as a nonpublic special education school, allowing public entities to fund the school by contracts with Unified School Districts. 2001 The San Francisco Day Care Corporation — for Cornerstone Therapeutic School. 2001 The Sophie Murvis Foundation for Training of Teachers and Therapists in the Cornerstone Method. 2002, 2003. The Five Bridges Foundation for development of The Cornerstone Therapeutic Preschool 2003. 2005 The Sophie Murvis Foundation grant for Training of Teachers and Therapists in the Cornerstone Method. 2005 Mercy Corps for creation of "My Personal Story about Hurricanes Katrina and Rita" 2008 Mercy Corps for creation of "My Sichuan Earthquake Story" JANUSZ KORCZAK INTERNATIONAL LITERARY PRIZE: First place, International Literary Prize including an award of one thousand dollars, for "World's Best Book Concerning the Well-Being of Children"—Awarded to Gilbert Kliman, M.D. and Albert Rosenfeld, co-authors of Responsible Parenthood, published by Holt, Rinehart and Winston, New York, 1980 PUBLISHED PAPERS AND BOOKS: 4 EFTA00182868
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 5 of 23 23. "Mourning, Memory, and Reconstruction: The Analysis of a Four-Year-Old Maternally Bereaved Girl at Age Sixteen Months" (With Thomas Lopez, Ph.D.), in The Psychoanalytic Study of the Child, Volume 34, The New York Times Press, New York, 1979. 24. "Facilitation of Mourning During Childhood," in Gerber, I., Wiener, A., Kutscher, A., et al., Perspectives on Bereavement, MSS Information Corporation, New York, 1979. 25. "The Cornerstone Treatment of a Preschool Boy from an Extremely Impoverished Environment" (with Thomas Lopez, Ph.D.), The Psychoanalytic Study of the Child, Vol. 35, The New York Times Press, New York, 1980. 26. Responsible Parenthood: The Child's Psyche Through the Six-Year Pregnancy, Holt, Rinehart, and Winston, New York, 1980. 27. "Death: Some Implications in Child Development and Child Analysis," in Advances in Thanatology, Vol. 4, No. 2, Amo Press, New York, 1980. 28. "Children in Foster Care: A Preventive Service and Research Program for a High Risk Population" (with M. Harris Schaeffer, Murray J. Friedman, and Bernard G. Pasquariella). The Journal of Preventive Psychiatry, Volume I: 1, 1981. 29. Editorial(s). The Journal of Preventive Psychiatry. Volume I, 1981-1982, Volume II, 1983-4, Volume III, 1985-7, Volume IV, in press 30. Preventive Mental Health Services for Children Entering Foster Family Care: An Assessment (with M. Harris Schaeffer, and M. Friedman). The Center for Preventive Psychiatry, White Plains, New York, 1982. 31. "Summary of Two Psychoanalytically Based Service and Research Projects: Preventive Treatments for Foster Children" with M. Harris Schaeffer, Ph.D. J. of Preventive Psychiatry, Vol. II, No. 1, 1983. 32. "Three New Areas in Litigation on behalf of Children," in Child Psychiatry and the Law, Diane Schekty, Editor, Volume 2, Bruner/Mazel, New York, 1985. 33. Preventive Psychiatry: Early Intervention and Situational Crisis Management, co- editor, with S.C. Klagsbrun, M.D., E.J. Clark, Ph.D., others. The Charles Press, Philadelphia, 1989. 34. My Earthquake Story: A Guided Workbook for Children, Parents and Teachers, with Harriet Wolfe, M.D. and Edward Olden, M.D. Psychological Trauma Center Press, Kentfield, CA. October, 1989. 35. "Facilitation of Mourning During Childhood," chapter in Preventive Psychiatry: Early Intervention and Situational Crisis Management (Eds) S. Klagsbrun, G. Kliman, E. Clark, A. Kutscher, R. DeBellis, C. Lambert. The Charles Press, Philadelphia, 1989. 36. "Toward Preventive Intervention in Early Childhood Object Loss," chapter in Noshpitz, H. and Coddington, D. (Eds) Stressors and Clinical Techniques in Child Psychiatry. Charles Thomas, NY, 1990. 37. "Brief Report: Loss of Parental Services—A Guide to Categorization." J. Preventive Psychiatry and Allied Disciplines 4:1, 1990. Human Sciences Press, NYC. 38. "A Methodologic Breakthrough: The Saga of Delivering Effective Primary Preventive Psychotherapy to Groups of Foster Children." J. Preventive Psychiatry and Allied Disciplines 4:1, 1990. Human Sciences Press, NYC. 39. "The Rise of Adolf Hitler and Other Genocidal Leaders—Psychoanalytic and Historical Symposium (Summary)," J. Preventive Psychiatry and Allied Disciplines 4:1,1990. Human Sciences Press, NYC. 6 EFTA00182869
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 7 of 23 57. "My Hurricane Story" A Guided Activity Workbook to help Children Cope. The Children's Psychological Health Center. Sept 21, 2008 WORKS IN PROGRESS: available in Draft: IQ Rise among Preschoolers with Pervasive Developmental Disorders. Child Psychoanalytic Contributions to Civil Justice System, submitted by invitation, to Psychoanalytic Inquiry Books in Draft: 1. Reflective Network Therapy: Early Childhood Psychotherapy in the Classroom 2. A Unifying New Theory of Posttraumatic Stress Disorder PRESENTATIONS: 01. "Specific Traumas: Selective Review of Literature," presented at the Ernst Kris Study Group, New York Psychoanalytic Institute, New York, 1965. 02. "Psychoanalysis of a Four-Year-Old in a Preschool Group," presented at the American Psychoanalytic Association, Atlantic City, New Jersey, May, 1966 03. "Covert Suicidal Impulses in Maternally Deprived Children" (with Harriet Lubin, M.S.W.), presented at the American Association of Psychiatric Services for Children, Boston, Massachusetts, November, 1969. 04. Children's Reactions to National Events: The 1968 Federal Elections," presented at the American Orthopsychiatric Association, Washington, D.C., 1969. 05. "Facilitation of Mourning During Childhood," presented at the Chicago Psychoanalytic Institute, May 1973. 06. "Preventive Approaches to Preschool Psychiatric Disorders: Some Assessments," presented at the Academy of Child Psychiatry, Washington, D.C., October, 1973. 07. "Biological Drive Derivative Cycles in Preschool Patients," presented at the New York Psychoanalytic Institute Research Seminar, 1974. 08. "Children in National Disasters," presented at the International Association for Child Psychiatry, Philadelphia, Pennsylvania, 1974. 09. "Childhood Mourning: Some Social Aspects," presented at Yeshiva University, New York, October, 1974. 10. "The Center for Preventive Psychiatry's Interventions with Bereaved Children," presented at the second annual conference on "The Impact of Bereavement and Grief on the Family," Yeshiva University, October 15, 1975. 11. "Death: Implication for Psychoanalytic Theory and Practice," presented at The Association for Psychoanalytic Medicine, New York, 1977. 12. "A Psychoanalytic View of an Ancient Mass Disaster: The Mayan Exodus," The Center for Preventive Psychiatry, 1977. 8 EFTA00182870
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 9 of 23 33. Seminar on "New Areas in Forensic Psychiatry," at the Robert Cartwright law firm, San Francisco, 1986. VIDEOTAPE AVAILABLE 34. "Children's Reactions to the Challenger Shuttle Disaster," on 20/20 (Television Broadcast), 1986. VIDEOTAPE AVAILABLE 35. The Fathering of Adolf Hitler," Grand Rounds, McAuley Neuropsychiatric Institute, St. Mary's Hospital, San Francisco, 1986. 36. "Child Sexual Abuse: Psychoanalytic and Forensic Approaches," Children's Hospital, San Francisco, 1986. VIDEOTAPE AVAILABLE 37. "Preventive Psychiatry for Children," Training Seminar at McAuley Neuropsychiatric Institute, St. Mary's Hospital, San Francisco, 1987. VIDEOTAPE AVAILABLE 38. "Multi-Victim Child Sexual Abuse," San Francisco Psychoanalytic Institute Extension Division, October 1987. VIDEOTAPE AVAILABLE 39. "Children in Foster Families: Advances in Preventive Psychiatry," Continuing Education Program for Psychiatrists, U.C. Davis, 1988. 40. "The Mothering of Adolf Hitler," Grand Rounds. McAuley Neuropsychiatric Institute, St. Mary's Hospital, San Francisco, Dec. 1988. 41. "Adolf Hitler's Mothering: A Child Psychoanalytic View," Westchester Psychoanalytic Society, New York Hospital, January, 1989. 42. "The Personal Life History Book: Preventive Psychotherapy for Children in Chaos." Department of Child Psychiatry, Harlem Hospital, New York, NY, January, 1989. 43. Chairman: Symposium April 20-21, 1989. The Rise of Adolf Hitler and Other Genocidal Leaders. Interdisciplinary Unit for Study of Mass Violence and Genocide. St. Mary's Hospital Department of Psychiatry, San Francisco. 44. "The Mothering of Adolf Hitler," Symposium above. VIDEOTAPE AVAILABLE 45. "The Fathering of Adolf Hitler," Symposium above. VIDEOTAPE AVAILABLE 46. Public Media: Following the October 17th earthquake, Dr. Kliman and his Psychological Trauma Center associates appeared on KRON-TV, KFAS, KQED and public service radio network to offer advice and respond to call-in questions regarding earthquake stress and trauma. His Earthquake Story guided workbook (see above) was distributed as a public service by San Francisco Community Mental Health Services and the Oakland Bureau of Education to 11,000 teachers in Oakland and San Francisco. 47. Marin Psychoanalytic Society: (April 1990) "Simultaneous child and couple therapy: emergence and interpretation of congruent unconscious themes." 48. University of California College of Medicine, Department of Psychiatry, Irvine. (June 1990) "Prevention of Psychopathology among Children: Systematic Projects with Foster Children." 49. Preventive Interventions with Traumatized Children," Grand Rounds California Pacific Hospital Department of Psychiatry, October 20, 1992. VIDEOTAPE AVAILABLE. 50. Altered Interpersonal Schemas After Life Threatening Childhood Trauma," Center for Study of Consciousness, UCSF, October 1992. 51. Alterations of Pre-Traumatic Memory and Post Traumatic Schemas," Child Analysis Colloquium, San Francisco Psychoanalytic Institute, November 1992. 52. Toward A New Theory of Post Traumatic Stress Disorder," Control Mastery Group, San Francisco Psychoanalytic Institute, December 1992. 53. Severe Psychological Trauma in Very Young Children," Grand Rounds at the Menninger- San Mateo County Hospital Psychiatric Residency Program, March 23, 1993. 54. Psychological Crises Among Preschoolers," Department of Health, City of San Francisco, April 1993. 55. Child Analysis Colloquium," San Francisco Psychoanalytic Institute, May 1993. 10 EFTA00182871
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 11 of 23 79. "Operational Confirmation of a Psychoanalytic Hypothesis: Detecting and Interfering with The Repetition Compulsion," Cleveland Psychoanalytic Institute and Anni Katan Center for Child Development, October 28, 1995. 80. The Personal Life History Book Method: Reducing Transfers Among Foster Family Homes," The Center for Preventive Psychiatry, White Plains, NY, October 30, 1995. 81. "A New Theory of Posttraumatic Stress Disorder," Grand Rounds, Baylor University School of Medicine, Houston, November 8, 1995. 82. "Raising IQ's in a Therapeutic Nursery: The Cornerstone Method. How it works as illustrated by video clips of the therapist and patients in the classroom," The Houston Psychoanalytic Institute and Stedman West Child Development Center, Houston, TX, November 8, 1995. 83. "The Difficult Client: Accredited Continuing Legal Education seminar for California Attorneys." The Psychological Trauma Center, The Psychological Trauma Center, 1996. 84. "Catastrophic injuries and psychological trauma: Accredited Continuing Legal Education seminar for California Attorneys." The Psychological Trauma Center, 1996. 85. "Why Small Clients Get Large Awards: Proving and Disproving Psychological Injuries in Childhood. Accredited Continuing Legal Education seminar for California Attorneys." 1996 86. "A New Public Health Approach in Public Special Education: Presentation to The San Mateo Board of Education," San Mateo, CA. April 17, 1996. 87. A new model for special education of preschoolers: The Cornerstone Method -- for synergy between early childhood education and psychotherapy. California State Dept. Education, Division of Special Education September 1996, Red Lion Hotel, Orange County Airport, CA. 88. "Synergy Between Special Education and Psychotherapy in the Classroom: Special Education Learning Program Administrators," San Mateo, CA. October 10, 1996. 89. "The Role of Psychoanalyst as Forensic Expert in Catastrophic Psychological Trauma Cases." American Psychoanalytic Association, Winter Meeting, Waldorf Astoria, NY. December 1996 90. "Controlled Assessment of a Psychoanalytically Derived Psychotherapy." American Psychoanalytic Association, Winter Meeting, Waldorf Astoria, NY December 1996. 91. "Child Psychotherapy Course: Several preschool patients with different diagnosis, treated in a preschool therapeutic nursery, showing response to interpretations, with discussions of the role of teacher, parents and medications." San Francisco Psychoanalytic Institute, March 4, II, 18, 1997 92. "Synergy between Psychotherapy and early childhood special education" SELPA Administrators, April 17, 1997 93. "Analyst in the Nursery: The Cornerstone Method," San Francisco Psychoanalytic Institute, May 21, 1997 94. "Psychological Trauma Among Preschoolers," San Francisco Psychoanalytic Institute, May 15, 1997 95. ACT for Mental Health, April 17, 1997 96. "New Theory of Posttraumatie Stress Disorder," Fifth European Conference on Traumatic Stress, European Society for Traumatic Stress Studies, July 1, 1997. 97. The Cornerstone Method: Intensive Preschool Psychotherapy in Public School Special Education Classes. California State Federation/Council for Exceptional Children 48th Annual Conference & Special Education Fall Conference, San Francisco, CA, October 21- 24, 1998. 98. Research and treatment with highly traumatized preschoolers. Wright Institute, Berkeley, Feb. 4, 2002. 12 EFTA00182872
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 13 of 23 110. Presentations of video-taped child treatment sessions: The Child Analysis Study Group of the San Francisco Psychoanalytic Institute, six occasions 2001-2002. 111. New Theory and New Treatments of Children. Northern California Society of Mental Health Professionals. Feb 8, 2002. 112. Treatment of Children in their Real Life Spaces. Ann Martin Center, Berkeley, CA February 2, 2002. 113. Treatment of children in community school settings. Workshop on Community Child Psychiatry. American Academy of Child and Adolescent Psychiatry. October 2002. 114. Treatment of preschoolers in real life space — The Cornerstone Method. A two day training workshop for the L.A. County Dept. of Mental Health. October 2002. 115. The Cornerstone Method. The American Psychoanalytic Association, Workshop on Early Childhood. January 2003, New York. 116. Treatment of Three Autistic Preschoolers: The American Psychoanalytic Association. June, 2003. Boston. 117. The Personal Life History Book: A Preventive Therapy for Foster Children. A day-long workshop at Counseling4Kids, Los Angeles, September 2003. 118. A new method of treatment of autistic preschoolers. The Chinatown Child Development Center, San Francisco, December 4, 2003. 119. Results of the Cornerstone Method: Pervasive Developmental Disorder with eight month to 37 year followup. The M.I.N.D. Institute, U.C. Davis, December 19, 2003. 120. Procedures for preventing and reducing psychopathology among foster children. Joint Committee of AACAP and Child Welfare League, November 2003, with Marilyn Benoit, M.D. 121. The Role of Child Psychiatrists in Prevention of Child Abuse: Forensic Child Psychiatry as a Societal Influence. Mensa Society, January 2004. 122. Psychoanalysis Confronts Autism. The L.A. and SoCal Psychoanalytic Institutes, February 22, 2004. 123. Child Psychiatric Testimony and the Leading Edge of Social Change. American College of Forensic Psychiatry, March 28, 2004 124. The Cornerstone Method of Treating Autism. American Psychoanalytic Association, Boston, Mass., January 2005. 125. An evidence based method for in-classroom treatment of disturbed preschoolers. Child Welfare League of America. New Orleans, May 2005. 126. Two evidence-based methods for treating foster children. International Psychoanalytic Association, Rio de Janeiro, Brazil, July 2005. 127. A novel evidence-based method for treatment of Asperger's Disorder. Lorman Educational Seminars, Redding, CA. November 18, 2005 128. "Applications of The Cornerstone Method to Children with Autism Spectrum Disorders" American Psychoanalytic Association, New York, New York. January 18, 2006 129. "Applying The Cornerstone Method in Public Schools" Philadelphia Board of Education April 28,06 DVD FORMAT AVAILABLE 130. "Crises Intervention Techniques Within Schools: What you Need to Know When Large or Small Scale Disasters Strike" Lorman Educational Seminar, Sacramento, CA Oct. 6, 2006 131. "Saying Goodbye: Termination in Psychotherapy" 53rd Annual Meeting of The American Academy of Child and Adolescent Psychiatry, San Diego, Ca October 28, 2006 132. Lawrence LE, Viron M, Johnson JE, Hudkins A, Samples G, Kliman G: A school-based mental health recovery effort. Poster session presentation at the 58th Institute on Psychiatric Services Annual Meeting, New York, NY, October 5-8,2006. 14 EFTA00182873
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 15 of 23 Member, Joint Committee on Foster Care: Academy of Child and Adolescent Psychiatry and the Child Welfare Association. PROFESSIONAL COMMENDATIONS: A letter of commendation regarding clinical work in the classroom within a public school system: December 3, 2001 To Whom It May Concern: This is to report that the San Mateo County Office of Education, Special Education programs, has benefited from the services of The Children's Psychological Health Center, specifically its Cornerstone Therapeutic School Project. We have worked together for the past six years. Under the leadership of Gilbert Kliman, M.D., the Center has trained members of our teaching and school psychology staff to carry out a mental health service on our premises. We now have a collaborative project in its sixth year for our special education preschool children with Pervasive Developmental Disorders (PDD) and for those with Serious Emotional Disorders (SED) which interfere with their education. As an alternative to sending children to a private nonpublic special education school for extremely intensive mental health services at significant cost, this project has created and provides just such intensive service within a public preschool special class program at 65 Tower Road, San Mateo. To my knowledge, among the 30 children served so far under the collaborative project, we are seeing cognitive, social and human gains which have decreased the gap between these children and their typically developing peers. Several families and children are thriving with less intensive special education service or returned to regular education class. Not only has the family and child suffering been reduced, the burden to taxpayers is also reduced. The children have been able to remain in the community, and some who were fiinctioning as severely autistic and retarded now appear to be developing within a somewhat normal range. We are pleased with the quality of special education services our County provides for preschoolers with PDD or SED. We are also gratified with the research results provided by The Children's Psychological Health Center. We recommend the Cornerstone project to other school systems, so that they consider it an important opportunity should they be able to collaborate similarly with The Children's Psychological Health Center. At California's common cost of $15,000 to $40,000 or more a year, for a special education child who needs full time special education services and auxiliary intensive help, the savings for even one child's 12-year career of intensive services in special education can be substantial. The savings from one of the successes we have seen may equal the costs of the entire Cornerstone project with the 30 children helped so far. 16 EFTA00182874
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 17 of 23 to rescue himself. The foster father's partner was negligent, Dr. Kliman opined. The judge agreed and awarded the child compensation for psychological damages. Does vs. Archdiocese of Los Angeles. Dr. Kliman was the lead psychiatric witness. The case settled after six days of his deposition testimony. Does vs. Salesian Order Western Region. Dr. Kliman was the lead psychiatric witness. The case settled after nine days of his deposition testimony and two days of trial. Does v South Dakota School for the Deaf. Multiple boys were molested by an older student. The state school administration was allegedly negligent and major psychological damages were claimed. Dr. Kliman served as the principal plaintiffs' expert on administrative liability issues and psychological damages. The case settled with major compensation for the plaintiffs during the time of jury deliberations. CHILD PSYCHIATRIC EXPERT TESTIMONY: Dr. Kliman helped set legal precedents for the inclusion of psychiatric testimony in matters concerning wrongful death of a parent and loss of parental services, in both New York State and California. He has testified in over 275 cases including over 100 trials. A Federal Rule 26 list is available on request and on www.expertchildpsychiatry.com. His courtroom and deposition testimony experience includes cases of institutional negligence of children leading to psychological trauma, negligent foster care, loss of parental services due to wrongful deaths, psychological trauma as part of personal injury of adults and children, childhood molestation, sexual harassment, termination of parental rights, and disputed custody. Since 2000 about 30% of his forensic work has been requested by defense, about 70% by plaintiffs, with the defense tasks increasing markedly in recent years. Dr. Kliman's evaluations and testimony regarding 16 children negligently cared for and abused at The Kiwanis' OK Boys' Ranch, Olympia, WA, helped lead to settlements and awards, totalling $25,000,000. Responding to disclosures in that case, many improvements have occurred in the publicly funded and licensed institutional care of children throughout the State of Washington, according to newspaper accounts. Dr. Kliman's evaluations and opinions, together with that of The Children's Psychological Trauma Center team led by Robert Wynne MFCC, led to record-making $8,000,000 loss of parental and other services compensation for 17 bereaved subsistence-economy Alaskan Inupiat Native Americans (Smith vs. Ryan Airlines, Anchorage, 1997). Principal expert regarding institutional negligence and psychological damages in Does vs. Rudolph Kos and the Diocese of Dallas, Dallas 1997. The Catholic Church of Dallas was held liable for institutional negligence, testimony concerning the need for major psychiatric treatment planning was accepted by the jury, and $119,000,000--including punitive damages against the Church--was awarded to the 11 plaintiffs, by unanimous decision. 18 EFTA00182875
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 19 of 23 Archive of Videotaped Seminars and Events: — Gilbert Kliman, M.D., Medical Director THE CHILDREN'S PSYCHOLOGICAL TRAUMA CENTER (A division of the Children's Psychological Health Center, Inc. ) Archive of Videotaped Seminars and Events: CONTINUING LEGAL EDUCATION TAPES: California MCLE credit is available to attorneys for study of these tapes. Unless otherwise indicated, Gilbert Kliman, M.D. was the sole or principal speaker. Contact Edith Lee at for MCLE credit fulfillment associated with study of these tapes. 01. True and False Allegations ofSexcal Molestations, 1987. 1.5 hrs. 02. Loss of Parental Services, May 6' 1992 Elina Wayrynen and Gilbert Kliman, M.D. 2.0 hrs. 03. Abuse in Institutions, August 1995, 2.0 hrs. 04. Catastrophic Accidents with Lifetime Psychological Damage December 5ih 1995 2.5 hrs. 05. Evaluating Psychological Trauma in Catastrophic Accidents (Grosvenor Hotel. San Francisco) 1996, 2.5 hrs. 06. Loss of Parental Services (HolidayInn), January 9th 1996, 2.5 hrs. 07. Loss of Parental Services, May 12th 1993 1.5 hrs. 08. True and False Allegations of Sexual Abuse June 7th 1993, 1.5 hrs. 09. Catastrophic Psychological Traumas in Childhood, February 1994, 2.5 hrs. 10. The Difficult Client, February 27th 1996, 2.5 hrs. 11. The Difficult Client (at Wells Fargo). February 6th 1996, 2.5 hrs. 12. Evaluating the Validity of Recovered Memories; Perspective of a Forensic Expert February 29'h 1996, 1.0 hr. 13. How Small Clients Get Large Awards, Psychological Trauma in early childhood produces life time consequences in some cases. Defense and plaintiff considerations. 2.5 hrs. 14. Giving Powerful Voices to Children in Court: I, March 20th 1998. Windle Turley, Esq. With Gilbert Kliman, M.D., 2.5 hrs. 15. Giving Powerful Voices to Children in Court III May 8th 1998, John Connelly, Jr. with Gilbert Kliman, M.D., 2.5 hrs. 20 EFTA00182876
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 21 of 23 The Children's Psychological Health Center Archive of Videotaped Seminars and Events: — Gilbert KIlman, M.D., Medical Director CLINICAL AND SCIENTIFIC TAPES: STARRED (*) TAPES BELOW ARE A PRECIOUS ARCHIVE OF INFORMATION ABOUT PROBLEMS AND TREATMENT OF SEVERELY STRESSED CHILDREN. THEY ARE NOT FOR SALE OR COMMERCIAL DISTRIBUTION. THEY MAY BE STUDIED AT CPHC ON-SITE. WITH ASSISTANCE OF OUR STAFF BY QUALIFIED RESEARCHERS, CLINICIANS, SPECIAL EDUCATION TEACHERS, ADMINISTRATORS OF NONPROFIT CLINICAL ORGANIZATIONS AND SCHOOLS FOR CHILDREN, SCIENTISTS AND STUDENTS OF RELEVANT DISCIPLINES BY APPOINTMENT AT CPTC HEADQUARTERS. CREDENTIALS, REFERENCES AND CONFIDENTIALITY AGREEMENT ARE REQUIRED COLLABORATIVE RESEARCH ARRANGEMENTS CAN BE CONTRACTED FOR WITH CONFIDENTIALITY AGREEMENTS AND LONG TERM USE OF THE TAPES. Childhood Post Traumatic Stress Disorder (California Pacific Hospital Grand Rounds). 1992 *2. New Theory of Post Traumatic Stress Disorder, Gilbert Kliman, M.D. December 4th 1992, International Association of Child and Adolescent Psychiatry and Allied Disciplines, Fairmont Hotel, San Francisco. *3. Severe Psychological Trauma in very Young Children March 23d 1993 *4. Post Traumatic Stress Disorder: Child & Adult September 27th 1993 5. Cost Effectiveness: Mental Health Services for Foster Children September 28th 1993 6. Preventive Child Psychiatry Mc Aulev St Marv's October I6th 1993, *7. New Theory of Post-Traumatic Stress Disorder, for Int. Association of Child and Adolescent Psychiatry, July 25th 1994 *8. Cornerstone Method Conference. Wells Fargo. January 30th 1996 *9. Cornerstone Conference: Control - Mastery Group, San Francisco Psychoanalytic Institute. February 9th 1996 22 EFTA00182877
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Case 9:08-cv-80119-KAM Document 144-3 Entered on FLSD Docket 06/08/2009 Page 23 of 23 Francisco and Seattle, private therapeutic preschool in San Francisco, and Cornerstone Argentina 24. Thirty four year follow-up of a Cornerstone Treated autistic child, now recovered. Presented at The San Francisco Psychoanalytic Institute, Child Analysis Study Group, 2001. Pcrmission for public viewing granted by the patient. Excerpts may be viewed on www.childrens s chol ical. or the entire video obtained from *25 Orientation of the Family Services Center of King County. Four days in December, 2007, in Seattle. Six DVD's. Scientific and Educational Video Archives under Dr. Kliman's supervision: With parental permission, The Children's Psychological Health Center, under Dr. Kliman's leadership, is collecting unedited treatment documents of a special method of treatment in a real life space, called "The Cornerstone therapeutic preschool method." Now totaling over 200 video archive hours, eight different California therapists working with various educator teams have recorded their Cornerstone therapeutic preschool method work. Beginning in 1995, this archive started with Gilbert Kliman, M.D. working for a year as daily in-classroom therapist in a public special education school. He was assisted by Leanne Runyan and Gail Hernandez as the teachers at the San Mateo Early Childhood Education Center, a preschool special education facility of The County of San Mateo. A second team under his supervision included work at The San Francisco Unified School District (Vanessa Vigilante and Esther Kronenberg). Third and fourth teams were at The Salvation Army Gateway Shelter (Vanessa Vigilante as therapist and Lynda Byrd as teacher, Deanna Reardon as therapist and Lynda Byrd as teacher). A fourth was at The Cadence Cornerstone Site at Mt. Pleasant School, San Jose (Karita Hummer, therapist and Kathy Krall, teacher). Fifth team therapy was provided by Jane Christmas. The sixth team therapists was Dr. Miquela Diaz Hope, the seventh Molly Franklin, MFT. All have been extensively videotaped carrying out the method. An eighth team was assembled in late 2002, when Linda Hirshfeld Ph.D. joined as Fellow in Cornerstone Therapy. In 2001 Mikc McDonald, Ed.D. became Special Education Director of Cornerstone School. All the treatments arc have been under principal supervision of Dr. Kliman with additional supervision by Mali Mann, M.D., Myrna Frankel, Ed.D., and Jan Baeuerlen, M.D. Linda Hirshfeld, Ph.D. of the Ann Martin Center is conducting the archival work for her Cornerstone Services. A professional researcher/ training confidentiality agreement is required to study this archive. SAOK Private Forensic 7.I3-04\CVPPA CVAGilbed Kliman CV ppa 06 02 0S.doc 24 EFTA00182878
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A/05/2009 09:41 FAX ROTHSTEIN ROSENFELT ADLE ?]001/011 AIM Rothstein Rosenfeldt Adler Attorneys at Law TO: FAX NUMBER: FROM: DATE: FACSIMILE COVER SHEET Esq. Bradley J. Edwards, Esq. and William J. Berger, Esq. June 4, 2009 RE: State of Florida v. Jeffrey Epstein Our File No. 09-22784 MESSAGE: as you probably know, the Palm Beach Post filed a separate Motion to unseal the NPA. We noticed that the Post did not notice you personally, so I have enclosed a courtesy copy of that Motion and Notice. I hope this finds you well. # OF PAGES (1 (including cover sheet) THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. Reply To: Las Olas City Centre • 401 East Las Olas Boulevard • Suite 1650. Fort Lauderdale, Florida 33301 Telephone: FORT LAUDERDALE • BOCA RATON • TAMPA • TALLAHASSEE • NEW YORK CITY • LOS ANGELES • Fax: EFTA00182879
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06/05/2009 09:41 FAX ROTHSTEIN ROSENFELT ADLE 141002/011 06-04-'09 15:18 FROM-THOMAS & LOCICEPO 8139843070 T-997 P001/003 F-849 THOMAS LOCI GER° BRALOW 400 N. Ashley Deve•Suite 1100•Tam a FL 33602 (Phone (Fax) Toll Free: • I . facsimile transmittal To: R. Alexander Acosin, Esq. Fax: Judith Stevenson Arco, Esq. Michael McAuliffe, Esq. Jack Alan Goldberger, Esq. Bradley J. Edwards, Esq. William J. Berger, Esq. From: Deanna K. Shullman, Esq. Date: 06/04/2009 Re: State I. J. Epstein Pages: 6 Cc: Marilyn Judicial Assistant to Judge Colbath Urgent O For review K Please comment O I jjejl!!llelythlPlasse recyc O 1 Please see attached Motion to Intervene and Petition for Access CONFIDP.NTIALITY STATEMENT This electronic message transmission contains information from the law firm of Thomas, LoCicero & PL and is confidential or privileged. The information is intended robe for the use of the individual or entity named above. If you are not the intended recipient. be aware Mat any disclosure. copying. drstributi ^ contents &this inhumation is prohibited. If you have received this electronic transmission in error, please nOtiry us by telephone immediately. Thankyou for your cooperation IRS Circular 230 Disclosure. To the extent this correspondence contains federal tax advice. such advice was not intendedto be used, and cannot be used by any taxpayer. for the purpose of ii) avoidng penalties under the Internal Revenue Code or (i) promoting. marketing, or recommending to another party any transaction or matter addressed heroin. If you would like us to prepare written tax advice designed to provide penalty protection, please comet us and we will be happy to discuss the matter with you m more detail confidential EFTA00182880
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OS/OS/2009 09:42 FAX ROTHSTEIN ROSENFELT ADLE 0003/011 06-04-'09 15:19 FROM-THOMAS & L0CICER0 8139843070 T-997 P002/003 F-849 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA Plaintiff, vs. JEFFREY EPSTEIN Defendant. Case Nos.: 2006-CF9454-A3OC 2008-9381CF-AXX NOTIa OF REARING PLEASE TAKE NOTICE that Palm Beach Newspapers, Inc., el/b/a The Palm Beach Post will call up for hearing its Motion to Intervene and Petition for Access before the Honorable Jeffrey Colbath, Palm Beach County Courthouse, 205 N. Dixie Hwy., Room 11F, West Palm Beach on June 10, 2009 at 10:40 a.m. or as soon thereafter as counsel may be heard. Time reserved: 10 Minutes THOMAS, LOCICERO & BRALOW PL atm K. Shullman Florida Bar No.: James B. Lake Florida Bar No.: Nal 400 North Ashley Drive, Suite 1100 P.O. Box 2602 (33601) Tampa, FL 33602 FacTelephone: simile: Attorneys for The Palm Beach Post EFTA00182881
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06/05/2009 09:42 FAX ROTHSTEIN ROSENFELT ADLE la004/011 06-84-'09 15:19 FROM-THOMAS & L0CICER0 8139843070 T-997 P003/003 F-849 State v. Epstein Case No. 2006-CF9454 & 2008-9381CF Notice of Hearing on Palm Beach Post's Motion to Intervene CERTIFICATE O1P SERVICE WE HEREBY CERTIFY that a true end correct copy of the foregoing has been furnished via Z.S. Mail; /Facsimile; O Overnight Delivery to R. Alexander Acosta, United States Attorney's Office - Southern District, 500 S. Australian Ave., Ste. 400, West Palm Beach, FL 33401; Judith Stevenson Arco, Esq., State Attorney's Office - West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401; William J. Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Ste. 1650, Fort Lauderdale, FL 33394; Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 401 East Las Olas Blvd., Ste. 1650, Fort Lauderdale, FL 3394; Jack Alan Goldberger, Esq., Atterbury Goldberger, et al., 250 yh S. Australian Ave., Ste. 1400, West Palm Beach, FL 33401 on this 7 — day of June, 2 09. cc: Judicial Assistant (Via Fax and U.S. Mail) Esquire Court Reporting Atto 2 EFTA00182882
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00/05/2009 09:42 FAX ROTHSTEIN ROSENFELT .IDLE 000Sion 06-01-'09 15:35 FROM-THOMAS & LOCICERO 8139843070 T-989 P001/007 F-845 THOMAS I OCICERO BRALOW 400 N. Ashley Brits*Suite I I 00•Tam a OL 33602 1113-9843060 (Phone • (Fax) Toll Free: facsimile transmittal To: R. Alexander Acosta, Esq. Fax: Judith Stevenson Arco, Esq. Michael McAuliffe, Esq. Jack Alan Goldberger, Esq. Bradley J. Edwards, Esq. William J. Berger, Esq. From: Deanna IC. Sbullman, Esq. Date: 06101/2009 Re: State v. J. Epstein Pages: 6 Please reticle K Please see attached Motion to Intervene and Petition for Access CONFIDENTIALITY STATEMENT This cicamnic message transmission contains information from the law Arm of Thomas. LoCiocro & Alaimo PL. and Is confidential or privileged. The infomiltion is intended to be for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying. distnbuti use of the contents of this information is prohibited. If you have received this electronic transmission in error, please nod& us by telephone immediately. Thank you for your cooperation IRS Circular 230 Disclosure. To the extant this correspondence contains federal tax advice, such &dole* was not intcndod to be used, and cannot be ad by my taxpayer. fOr the purpose of (i) avoiding penalties under me Internal Revenue Code or (ii) promoting, marketing, or recommending to another parry any transaction or matter addressed herein. If you would like us to prepare written tax advice designed to provide penalty protecticr. please cent= us and we will be happy to discuss the matter with you in more deter) confidential EFTA00182883
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06/05/2009 09:42 FAX ROTHSTEIN ROSENFELT ADLE 0006/011 06-01-'09 15:35 FROM-THOMAS & L0CICER0 8139843070 T-989 P002/007 F-845 THOMAS June 1, 2009 I OC ICERO BRALOW VIA FEDERAL EXPRESS OVERNIGHT MAIL The Honorable Jeffrey Colbath Fifteenth Judicial Circuit-Palm Beach Palm Beach County Courthouse Main Judicial Complex 205 N. Dixie Highway, Room 11F West Palm Beach, FL 33401 Re: Dear Judge Colbath: Tampa 400 N. Nib* Dr., Ste. 1100, Tampa, FL 38602 P.O. Sox 2602, Tam D2 0.813-sefseso b iota Ft. Lauderdale 101 N.E. 710r0 Ave., Ste. 1500 ;11Sitaiiims tow fa New York City 220 EOM Si, 10W Floor t/Ww.11elewlare oa" Deanna K o mi Direct Dial: Deann0.9hullment0tIolawfmn.com Reply To Tampa Enclosed is a courtesy copy of non-party Palm Beach Newspapers, Inc. d/b/a The Palm Beach Post's (the "Post") Motion to Intervene and Petition for Access to certain court records in this case. It is our understanding that Bradley Edwards and William Berger ofa in Rosenfeldt Adler have filed a similar motion on behalf of a non-party known " and that S motion is set for hearing on June 10, 2009. The Post requests an opportunity to be heard on the issue of access to these records at that time. Thank you for your consideration in this matter. Please do not hesitate to contact me with any questions or comments. Sincerely, THOMAS, LOCICERO & BRALOW PL Deanna K. Shullman cc: Counsel of Record 94141-ene -__ EFTA00182884
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06/05/2009 09:43 FAX ROTHSTEIN ROSENFELT ADLE 06-01-'09 15:36 FROM-THOMAS & L0CICE80 8139843070 gh007/011 T-989 P003/007 F-845 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION STATE OF FLORIDA vs. JEFFREY EPSTEIN Case Nos.: 2006-CF9454-AXX & 2008-9381CF-AXX PALM BEACH POST'S MOTION TO INTERVENE M4D PETITION FOR ACCESS Palm Beach Newspapers, Inc., cl/b/a The Palm Beach Post (the "Post") moves to intervene in this action for the limited purpose of seeking access to documents filed under seal. The documents relate directly to the Defendant's guilty plea and sentence. Thus, the sealed documents go to the heart of the disposition of this case. But in requesting that Judge Pucillo seal these documents, the parties failed to comply with Florida's strict procedural and substantive requirements for sealing judicial records. In addition, continued sealing of these documents is pointless, because these documents have been discussed repeatedly in open court records. For all of these reasons, the documents must be unsealed. As grounds for this Motion, the Post states: 1. The Post is a daily newspaper that has covered this matter and related proceedings. In an effort to infomi its readers concerning these matters, the Post relies upon (among other things) law enforcement records and judicial records. 2. As a member of the news media, the Post has a right to intervene in criminal proceedings for the limited purpose of seeking access to proceedings and records. See Barron v. Florida Freedom Newspapers. Inc„ 531 So. 2d 113, 118 (Fla. 1988) (news media have standing to challenge any closure order); Miami Herald Publ'g Co. v. Lewis 426 So. 2d I, 7 (Fla. 1982) (news media must be given an opportunity to be heard on question of closure). EFTA00182885
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06/05/2009 09:43 FAX
ROTHSTEIN ROSENFELT ADLE
06-01-'09 15:36 FROM-THOMAS & L0CICER0
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3.
The particular documents under seal in this case are a non-prosecution agreement
that was docketed on July 2, 2008, and an addendum docketed on August 25, 2008. Together,
these documents apparently restrict any federal prosecution of the Defendant for offenses related
to the conduct to which he pleaded guilty in this case. Judge Pucillo accepted the agreement for
filing during a bench conference on June 30, 2008. The agreement, Judge Pucillo found, was "a
significant inducement in accepting this plea." Such agreements and related documents typically
are public record. See Oregonian Publishing Co. v. United States District Court, 920 17.2d 1462,
1465 (9th Cir. 1990) ("plea agreements have typically been open to the public"); United States v.
Kopistra, 796 F.3d 1390, 1390-91 (11th Cir. 1986) (documents relating to defendant's change of
plea and sentencing could be sealed only upon finding of a compelling interest that justified
denial of public access).
4.
The Florida Constitution provides that judicial branch records generally must be
open for public inspection. See Art. I, § 24(a), Fla. Const. Closure of such records is allowed
only under narrow circumstances, such as to "prevent a serious and imminent threat to the fair,
impartial and orderly administration of justice," or to protect a compelling governmental interest.
See Fla. R. Jud. Admin. 2.420(c)(9)(A). Additionally, closure must be effective and no broader
than necessary to accomplish the desired purpose, and is lawful only if no less restrictive
measures will accomplish that purpose. See Fla. R. Jud. Admin. 2. 420(c)(9)(B) & (C); Lewis,
426 So. 2d at 3.
5.
In this case, the non-prosecution agreement and, later, the addendum were sealed
without any of the requisite findings. Rather, it appears from the record, the documents were
sealed merely because the Defendant's counsel represented to Judge Pucillo that the non-
prosecution agreement "is a confidential document." See Plea Conference Transcript page 38
2
EFTA00182886
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06/05/2009 09:43 FAX ROTHSTEIN ROSENFELT ADLE 2009/011 06-01-'09 15:36 FROM-THOMAS & LOCICERO 8139843070 1-989 P005/007 F-845 (June 30, 2008). Such a representation falls well short of demonstrating a compelling interest, a genuine necessity, narrow tailoring, and that no less restrictive measures will suffice. Consequently, the sealing was improper and ought to be set aside. 6. In addition, at this time good cause exists for unsealing the documents because of their public significance. Since the Defendant pleaded guilty to soliciting a minor for prostitution, he has been named in at least 12 civil lawsuits that — like the charges in this ease — allege he brought and paid teenage girls to come his home for sex and/or "massages."' At least 11 cases are pending. In another lawsuit, one of the Defendant's accusers has alleged that federal prosecutors failed to consult with her regarding the disposition of possible charges against the Defendant2 State prosecutors also have been criticized: The Palm Beach Police Chief has faulted the State Attorney's handing of these cases as "highly unusual" and called for the State Attorney's disqualification. Consequently, this case — and particularly the Defendant's agreements with prosecutors — are of considerable public interest and concern. 7. The Defendant's non-prosecution agreement with federal prosecutors also was important to Judge Pucillo. As she noted in the June 2008 plea conference, "I would view [the non-prosecution agreement] as a significant inducement in accepting this plea." See Plea Conference Transcript page 39. Florida law recognizes a strong public right of access to documents a court considers in connection with sentencing. See Sarasota Herald Tribune Div. See, e.g., Doe v. Epstein Case No. 08-80069 (S.D. Fla, 2008). Doe No, 2 v. Epstein, Case No. 08-80119 (S.D. Fla. 2008): Doe No. 3. v. Epstein, Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4. v. Epstein, Case No. 08-80380 (S.D. Fla. 2008)' Poe No. 5 v. Epstein, Case No. 08- 80381 (S.D. Fla. 2008);[.... v. Epstein, Case No. 08-80811 (S.D. Fla. 2008); Doe v. Epstein, Case No. 08-80893 (S.D. Ha. 2008); Doe No. 7 v. Epstein, Case No. 08-80993 (S.D. Fla. 2008); Doe No. 6 v. Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II v. Epstein, Case No. 09-80469 (S.D. Fla. 2009); Poe No. 101 v. Epstein Case No. 09-80591 (S.D. Fla. 2009); Doe No. 102 v. Epstein, Case No. 09-80656 (S.D. Fla. 2009); Doe No. 8 v. Epstein, Case No. 09-80802 (S.D. Fla. 2009). 2 See In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 2008). 3 EFTA00182887