EFTA00230786

39 
1 
evaluations. 
2 
Number one, does the document, in 
3 
fact, have a relationship to the criminal 
4 
case in the state matter. And, number two, 
5 
evaluate the right of public access versus 
6 
the victim's right to confidentiality. If 
7 
this Court does decide to unseal those 
8 
records, then the State would ask that this 
9 
Court before making the document public 
10 
access, then make certain that in place is 
11 
that the victim's identities are amended to 
12 
initials if their names are used. 
13 
The State does have a concern 
14 
regarding the argument of the Federal Rule 
15 
Six in that is this Court bound by a 
16 
federal rule which perhaps has been made 
17 
unenforcible by virtue of making it a part 
18 
of the state file, so I think the Court 
19 
also would need to address that issue 
20 
before making its ruling. 
21 
THE COURT: All right, great. Thank 
22 
you so much. 
23 
MS. BURNS: Thank you, Judge. 
24 
THE COURT: One last chance for the 
25 
federal government, they're not here and 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231386

40 
1 
I'll let rebuttal of any other 
2 
presentation, Mr. Goldberger, or, 
3 
Mr. Critton, you'd like to make. 
4 
MR. GOLDBERGER: Thank you, your 
5 
Honor. As to the last argument made by 
6 
Ms. Burns as to the applicability of 
7 
Federal Rule 6 of the Rules of Federal 
8 
Criminal Procedure it's something that we 
9 
learned in the law school that the 
10 
supremacy clause controls and to the extent 
11 
there's a conflict between the federal 
12 
doctrine and the state doctrine, the 
13 
supremacy clause requires the federal rule 
14 
of law to apply and to control. And 
15 
certainly in this case you cannot use a 
16 
state procedure to circumvent a federal 
17 
rule of criminal procedure that confers 
18 
secrecy to a grand jury proceeding. 
19 
And the Palm Beach Post response to 
20 
the argument never made note of the grand 
21 
jury rule, they simply avoided that issue 
22 
and that in our mind is equally important 
23 
as the fact in the interest of comity this 
24 
Court should defer to the rulings of 
25 
Judge Marra already. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231387

41 
1 
As to Mr. Kuvin's argument that he 
2 
has a client that is in state court and is 
3 
not in federal court and therefore he 
4 
doesn't have a remedy in federal court. 
5 
With all due respect to Mr. Kuvin, that's 
6 
similarly wrong. Judge Marra's order 
7 
spebifically dealt with a class of 
8 
individuals who were identified as victims 
9 
of Mr. Epstein's conduct, and Judge Marra's 
10 
order says that anyone who's been 
11 
identified by the United States attorney's 
12 
office as a victim has right to the 
13 
nonprosecution agreement under the same 
14 
rules. 
15 
Just so the Court understands, I know 
16 
we are talking like the Court understands 
17 
everything about this case. There was a 
18 
list of victims that was created at the 
19 
time that the nonprosecution agreement was 
20 
entered into and Mr. Kuvin's client is on 
21 
that list. That list was created by the 
22 
U.S. attorney's office. He has the same 
23 
rights to the nonprosecution agreement as 
24 
if he filed this case in federal court and 
25 
he knows that we've told him that he has 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231388

42 
1 
that access. 
2 
As to the fact that the 
3 
nonprosecution agreement is presumably not 
4 
filed in the federal case in our last 
5 
hearing in front of Judge Marra on June 5th 
6 
-- I'm sorry, June 12th, Mr. Edwards 
7 
advised Judge Marra that he had, in fact, 
8 
filed a nonprosecution agreement to no 
9 
one's surprise under seal in the federal 
10 
file, so the nonprosecution agreement 
11 
according to Mr. Edwards' declaration at 
12 
that hearing is contained in the federal 
13 
court system. 
14 
For all of those reasons, your Honor, 
15 
and the reasons that I previously indicated 
16 
to the Court, we would ask the Court to 
17 
defer to the federal court in this matter. 
18 
THE COURT: Okay. Thank you very 
19 
much. Here is what I'm planning on doing, 
20 
so you know where I'm going on this. I'll 
21 
make an oral announcement and I'll follow 
22 
it up with a written order so that you all 
23 
can have something to take to wherever you 
24 
want to take it. 
25 
I find that the appropriate procedure 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231389

43 
1 
to seal or close these documents has not 
2 
been met, so I'll deny the motion to seal 
3 
the documents. I'll grant the motion to 
4 
unseal them. I will take a look at the 
5 
documents. I will redact out of them 
6 
the -- what I'll do is, I'll leave the 
7 
originals intact sealed in the court file 
8 
to protect the names of any underage 
9 
victims. 
10 
I will make copies of those. I'll 
11 
redact out the names leaving -- expose the 
12 
initials of any of the individuals. I'll 
13 
get that done -- I'll get my written order 
14 
out granting and denying the respective 
15 
motions hopefully by the end of today. If 
16 
not today, tomorrow. I plan on releasing 
17 
the redacted versions probably Monday, so 
18 
that those will be available for public 
19 
consumption on Monday. 
20 
MR. GOLDBERGER: Your Honor, thank 
21 
you. Thank you for the oral pronouncement. 
22 
Your Honor, based on the Court's ruling, we 
23 
do have a motion to stay disclosure of the 
24 
nonprosecution agreement. The rules of 
25 
appellate procedure require us to file that 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231390

44 
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13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
before, your Honor. 
Your Honor, we do intend to take 
certiorari on this to the Fourth District 
Court. 
THE COURT: That's why I figure 
between the written rule and the disclosure 
give you a chance to catch your breath and 
do that. I guess you might want that. Is 
Monday 5 p.m. enough time for you to get 
over to the DCA? 
MR. GOLDBERGER: Actually, your 
Honor, the Rule of Appellate Procedure 
maintains 
matter to 
THE 
jurisdiction with you on this 
entertain the motion to stay. 
COURT: So I need to handle the 
motion to stay? 
MR. GOLDBERGER: Correct, your Honor. 
THE COURT: Do you want to argue that 
now? Do you want to take a look at that, 
catch your breath, come back and see me 
Monday sometime; what's your pleasure? 
MR. GOLDBERGER: We're ready to do it 
now, your Honor. 
We're ready to do it now. 
THE COURT: All right. Interveners, 
your thoughts. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231391

45 
1 
MR. KUVIN: Matter of procedure 
2 
point, I just want to make sure that the 
3 
motion to intervene is, in fact, granted. 
4 
THE COURT: You're 
motion to 
5 
intervene is granted. Do you have a 
6 
written order for me to sign off on there? 
7 
MR. KUVIN: I can submit that. 
8 
THE COURT: Why don't you catch your 
9 
breath and come back tomorrow and I'll hear 
10 
argument. It will give me a chance to read 
11 
the motion, check out the rules, take a 
12 
look, got to get myself gassed up. Anybody 
13 
want to drop anything off for me to read 
14 
before the hearing, please do that. Why 
15 
don't we do that tomorrow morning, and why 
16 
don't we reconvene here tomorrow at 1:30 on 
17 
the motion to stay. 
18 
MR. GOLDBERGER: That's fine. 
19 
THE COURT: How does your schedule 
20 
look? 
21 
MR. GERBER: Your Honor, is it 
22 
possible to have it a little later, perhaps 
23 
an hour later tomorrow? 
24 
THE COURT: 2:30. 
25 
MR. GERBER: If possible. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231392

46 
1 
THE COURT: How about a little later 
2 
than that still, let me take a look at our 
3 
official calendaring system here. 
4 
MR. CRITTON: Judge Colbath, I'm gone 
5 
tomorrow, I'm going to Gainesville at one 
6 
or 12:30-ish. I told my wife I would be 
7 
home at one. My daughter's birthday, 21, 
8 
she's having a party, I plan to be there. 
9 
Can we do it tomorrow morning any time, it 
10 
would be great. 
11 
THE COURT: Tomorrow morning is ugly. 
12 
This isn't going to take long. 
13 
MS. BURNS: This is a five-minute 
14 
motion. 
15 
THE COURT: Why don't we do this, 
16 
meet at 8:15? 
17 
MS. SHULLMAN: Your Honor, I'm not 
18 
going to be able to get my kids to school 
19 
if I have to be here at 8:15. My husband 
20 
is in California right now. 
21 
MR. GOLDBERGER: I don't mean to jump 
22 
in. I wonder if we can do some of this 
-23 
telephonically. 
24 
MS. SHULLMAN: Yes, I can appear by 
25 
phone or I can have one of my partners. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231393

47 
1 
THE COURT: In the morning what would 
2 
be a good start time for you? 
3 
MS. SHULLMAN: Nine would be getter. 
4 
I can't drop them off before eight. 
5 
THE COURT: It's going to be brief 
6 
argument, let's do it 9:00 tomorrow 
7 
morning; 9:00 work for you? 
8 
MR. CRITTON: Yes, sir. Thank you. 
9 
MR. GOLDBERGER: Just very briefly, 
10 
the Court is going to look at the 
11 
nonprosecution agreement and do some 
12 
redacting, I believe. I just need to 
13 
advise the court in addition to Mr. Epstein 
14 
and perhaps victims mention the 
15 
nonprosecution agreement, there are third 
16 
parties who the Court needs to look about 
17 
redacting their names also, and that's 
18 
contained in the nonprosecution agreement. 
19 
In other words, there are other 
20 
people beside Mr. Epstein and Mr. Victims 
21 
whose names are mentioned in the 
22 
nonprosecution agreement, and I would ask 
23 
the Court to look at those names also for 
24 
the purpose of redacting. 
25 
THE COURT: I'll like a look. 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231394

48 
1 
MR. EDWARDS: Your Honor, those are 
2 
not names of victims, those are 
3 
co-conspirators as listed in the agreement 
4 
and we would object to any redaction of 
those names. I don't think there's any 
6 
standing to ask for that. 
7 
THE COURT: I'll take a look. All 
8 
right. See you all tomorrow morning at 
9 
nine. If you want to send anything to me 
10 
later this afternoon or tomorrow morning 
11 
before we take the bench, I'm happy to 
12 
receive it. Have a good afternoon. 
13 
(Proceedings concluded.) 
14 
15 
16 
17 
18 
19 
20 
21 
22 
- 
24 
25 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231395

49 
1 
2 
CERTIFICATE 
3 
4 
THE STATE OF FLORIDA, 
5 
COUNTY OF PALM BEACH. 
6 
I, SUSAN S. WIGGINS, R.P.R. Official 
7 
Court Reporter for the Fifteenth Judicial Circuit, 
8 
Criminal Division, in and for Palm Beach County, 
9 
Florida; do hereby certify that I was authorized 
10 
to and did report the foregoing proceedings before 
11 
the Court at the time and place aforesaid; and 
12 
that the preceding pages numbered from 1 to 48, 
13 
inclusive, represent a true and accurate 
14 
transcription of my steno notes taken at said 
15 
proceedings. 
16 
IN WITNESS WHEREOF, I have hereunto 
17 
affixed my official signature this 29th day of 
18 
June, 2009. 
19 
20 
21 
(7).#/4" (13 tt) CAA 
22 
SUSAN S. WIGGINS, .P.R. 
23 
24 
25 
SUSAN WIGGINS, R.P.R. AND OFFICIAL COURT REPORTER 
EFTA00231396

LEGAL 
RECYCLED PAPER 
.................. 
•111 
I° REORDER ( 
9.544;46,3,n. 
EFTA00231397

1 
1 
IN THE CIRCUIT COURT OF THE 
FIFTEENTH JUDICIAL CIRCUIT 
2 
IN AND FOR PALM BEACH COUNTY, FLORIDA 
CRIMINAL DIVISION 
3 
STATE OF FLORIDA 
) 
4 
) 
vs. 
► 
CASE No. 2008CF009381AXX 
5 
) 
JEFFREY EPSTEIN, 
► 
6 
) 
Defendant. 
) 
CERTIFIED COPY 
7 
8 
PROCEEDINGS BEFORE THE COURT 
9 
PRESIDING: HONORABLE JEFFREY COLBATH 
10 
APPEARANCES: 
11 
ON BEHALF OF THE STATE: 
12 
BARRY E. KRISCHER, ESQUIRE 
State Attorney 
13 
401 North Dixie Highway 
West Palm Beach, Florida 33401 
14 
By: 
BARBARA BURNS, ESQUIRE 
Assistant State Attorney 
15 
ON BEHALF OF THE DEFENDANT: 
16 
JACK GOLDBERGER, ESQUIRE 
250 S Australian Ave Ste 1400 
17 
West Palm Beach, Florida 33401 
And 
18 
ROBERT CRITTON, ESQUIRE 
515 N Flagler Dr Ste 400 
19 
West Palm Beach, Florida 33401 
20 
ON BEHALF OF THE PALM BEACH POST: 
DEANNA SHULLMAN, ESQUIRE 
21 
Thomas, LoCicero & Bralow 
101 N.E. 3rd Avenue - Ste 1500 
22 
Fort Lauderdale, Florida 33301 
23 
ON BEHALF OF EW, THE INTERVENER: 
WILLIAM J. BERGER, ESQUIRE 
24 
BRAD EDWARDS, ESQUIRE 
225 NE Mizner Blvd Ste 675 
25 
Boca Raton, Florida 33432 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231398

2 
1 
ON BEHALF OF EB, 
MOTION INTERVENER'S PLEADING: 
2 
SPENCER KUVIN, ESQUIRE 
2925 PGA Blvd Ste 200 
3 
Palm Beach Gardens, Florida 33410 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
June 26, 2009 
24 
Palm Beach County Courthouse 
West Palm Beach, Florida 33401 
25 
Beginning at 9:59 o'clock, a.m. 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231399

3 
1 
BE IT REMEMBERED that the following 
2 
proceedings were had in the above-entitled cause 
3 
before the HONORABLE JEFFREY COLBATH, one of the 
4 
judges of the aforesaid court, at the Palm Beach 
5 
County Courthouse, located in the City of West 
6 
Palm Beach, State of Florida, on June 26, 2009, 
7 
beginning at 9:59 o'clock, a.m., with appearances 
8 
as hereinbefore noted, to wit: 
9 
THEREUPON: 
10 
THE COURT: Epstein. 
11 
MR. GOLDBERGER: Yes, your Honor. 
12 
THE COURT: Let me call up the State 
13 
of Florida versus Epstein. Let's have 
14 
everyone announce their appearance, please, 
15 
name on the record. 
16 
MR. CRITTON: Robert Critton and Jack 
17 
Goldberger on behalf of Mr. Epstein as well 
18 
as Barbara Compiani from the office of Jane 
19 
Walsh. 
20 
MS. SHULLMAN: Deanna Shullman of 
21 
Thomas, LoCicero and Bralow on behalf of 
22 
the Palm Beach Post. 
23 
MR. KUVIN: Spencer Kuvin on behalf 
24 
of the intervener ■. 
25 
MS. BURNS: Barbara Burns on behalf 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231400

4 
1 
of the State of Florida. 
2 
THE COURT: That's it. 
3 
MR. CRITTON: That's it, it's a wrap. 
4 
THE COURT: Okay. Orders. Who's not 
5 
here that I have to mail it to? 
6 
MR. GOLDBERGER: Mr. Edwards is not 
7 
here, your Honor. 
8 
THE COURT: Okay. Mr. Berger, 
9 
Mr. Edwards. Did I give you enough copies 
10 
of the order? 
11 
MR. GOLDBERGER: I ran out. I have 
12 
just enough. Do you want me to get a copy 
13 
to Mr. Edwards? 
14 
THE COURT: Yes, if you'd mail a copy 
15 
to Mr. Edwards. I got spares if anybody's 
16 
interested. Anybody need a spare? 
17 
MR. GOLDBERGER: We're good, your 
18 
Honor. 
19 
THE COURT: All right. Motion to 
20 
Stay, Mr. Goldberger. 
21 
MR. GOLDBERGER: Thank you, your 
22 
Honor. 
23 
THE COURT: Mr. Critton. 
24 
MR. CRITTON: Good morning, Judge 
25 
Colbath, do you have a copy of our Motion 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231401

5 
1 
to Stay? 
2 
THE COURT: I do, the one that was 
3 
handed up to me yesterday? 
4 
MR. CRITTON: Yes, sir, and I have a 
5 
proposed order in the event the Court 
6 
chooses to grant; may I provide that to the 
7 
Court as well? 
8 
Your Honor, as you know, 
9 
Mr. Goldberger and I represent Mr. Epstein. 
10 
We have hired Ms. Walsh and Ms. Compiani as 
11 
appellate counsel to assist in the filing 
12 
of a writ of certiorari. I know that comes 
13 
as no surprise to the Court in that whoever 
14 
prevailed and lost yesterday, I think the 
15 
Court recognized we probably filed a writ 
16 
of certiorari. 
17 
THE COURT: Let me ask real quick. 
18 
Anybody objecting to the defendant having 
19 
the ability to have my decision reviewed by 
20 
the appellate court before I release these 
21 
things? I mean, it seems pretty straight 
22 
forward. 
23 
MS. SHULLMAN: We have an objection, 
24 
your Honor, to some extent. The -- you 
25 
know, the procedure in place here is very 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231402

6 
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25 
similar to that for which they would have 
to obtain a preliminary injunction. 
THE COURT: Right. 
MS. SHULLMAN: So to demonstrate 
likelihood of success and irreparable harm, 
I don't think they can do that. I think 
the plan that you put in -- proposed 
yesterday is a good one, that is you redact 
and you release on Monday and that gives 
them today and Monday to get to the Fourth, 
otherwise, we're stuck in a position where 
we have a 30-day window to appeal, and we 
are all delay, delay, delay. 
THE COURT: What if I do that? I 
don't know if it's a difference with that 
or distinction, but, procedurally, I was 
thinking I was leaning yesterday towards 
issuing the order that I just issued. I 
think that that's a fairly accurate 
rendition of the written version of my oral 
pronouncement yesterday, but I order that 
nothing -- that the redacted  orders not be 
released until -- I'll make it, you know, 
five of five Monday. That will give you 
Monday to get down to the Fourth to get 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231403

7 
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them to stop this from being released; what 
do you think? 
MR. CRITTON: Here's what the problem 
is, Judge, is Ms. Compiani and Ms. Walsh 
spoke to them yesterday and today, we need 
a transcript from the hearing yesterday 
which has not yet been obtained. They need 
the underlying motions, they need some time 
to research. It's not a matter of simply 
filing a writ of petition and that stays 
the release of the order. There would have 
to be a separate motion that would be filed 
with the Appellate Court. The Motion to 
Stay that we file under 
9.310, subsection A, it 
party that seeks review 
Appellate Rule 
provides that the 
shall come to the 
lower tribal, which is the trial court, 
which is you, in this instance, and then 
it's within your discretion either to stay 
or not to stay under the circumstances, and 
we simply don't have the time within which 
to file the appeal under those 
23 
circumstances. 
24 
There are two criteria that have 
25 
to be met here, one is the likelihood of 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231404

8 
1 
2 
3 
harm where no stay is granted, and the 
second criteria, not necessary mutually 
exclusive; that is, you don't have to have 
4 
both of them, but you certainly have to 
5 
give an indicia of both of them. The 
6 
second one is the likelihood of success on 
7 
the merits. 
8 
we believe that based upon the 
9 
Court decision, respectfully, that the 
10 
Court, that the Appellate Court, will quash 
11 
your order, for the reasons Judge Puccillo 
12 
was the one who requested that the document 
13 
in this -- this was argued yesterday, so 
14 
I'm going to be very brief. She is the one 
15 
who requested post sentencing, that the 
16 
document be filed under seal. It was her 
17 
request that the defense seceded to that 
18 
under the circumstances. That certainly 
19 
was inadvertent, could have just as easily 
20 
remained under seal with Mr. Goldberger or 
21 
with the State Attorney under those 
22 
circumstances. 
23 
Secondly, that it relates to the 
24 
portions of it, specifically, within the 
25 
MPA to deal with the grand jury proceeding, 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231405