EFTA00230786

9 
1 
that would be a violation of Federal Rule 
2 
Six. I note you just handed us your order 
3 
about two minutes ago, Judge, so no one's 
4 
had an opportunity to review it, certainly 
5 
appellate counsel has not had an 
6 
opportunity to review it. I don't know if 
7 
you dealt with the appellate rule, but I do 
8 
note that within your written order, that 
9 
you, basically, said that in the second to 
10 
last page, you said this order is no way to 
11 
be interpreted as permission not to comply 
12 
with U.S. District Court Judge Marra's 
13 
previous orders. 
14 
We respectfully submit that it would 
15 
not comply with Judge Marra's previously 
16 
issued orders. We also believe that the 
17 
supremacy clause, as Mr. Goldberger argued 
18 
yesterday in conjunction with comity 
19 
principle, that we think that there's a 
20 
substantial likelihood on success of the 
21 
merits on this. 
22 
with regard to the likelihood of 
23 
harm, this is a paramount issue here. It's 
24 
undisputed that this was a confidential 
25 
agreement. It's a confidential contract 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231406

10 
1 
between Mr. Epstein and the United States. 
2 
United States vigorously defended 
3 
Mr. Edwards when he came into federal court 
4 
and filed an action to have the MPA 
5 
released, Judge Marra subsequently entered 
6 
an order. Another attempt that was made to 
7 
make the MPA public again. 
8 
All plaintiffs' counsel has it. 
9 
The only ones that don't have it is the 
10 
Post, under the circumstances, and public 
11 
under the circumstances, but all the 
12 
plaintiffs' lawyers of the alleged victims, 
13 
they either have the MPA and the addendum, 
14 
which I will refer to as the MPA, or they 
15 
have the ability to get that. That is very 
16 
clear from Judge Marra's order. 
17 
So there's certainly no harm to 
18 
the plaintiffs from under these 
19 
circumstances. And the harm in this 
20 
instance is only to Mr. Epstein under the 
21 
circumstances because as Judge Letz 
22 
(phonetic) once said,  it's very much like 
23 
an attorney/client privilege or a privilege 
24 
document where once the proverbial horse is 
25 
out of the barn, you can't get him back in. 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231407

1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
11 
We cited a case called mariner versus 
Baker 3 -- So. 39, So.2d 608 First District 
1989. In the Mariner case, this was not a 
usual incident report and the Court, I know 
your Honor previously did a great deal of 
personal injury work and related work, 
you're very familiar. In fact, you 
commented yesterday and said, I don't see 
how the MPA is going to be admissible in a 
civil proceeding anyway. Again, you're not 
ruling on that ultimately, the judges in 
both the State and federal court cases will 
do that. 
In the Mariner case, the judge 
ordered that the defendants object at the 
direction of incident reports. The judge 
said, sorry, you've got to produce those 
incident reports. And the Court said, give 
them to me under seal because, again, we 
are talking about incident reports as 
distinct from an agreement between two 
parties which was deemed to be confidential 
23 
between the United States government and 
24 
Mr. Epstein. Only irreparable harm here as 
25 
to Mr. Epstein because if it's released, 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231408

12 
1 
you cannot remedy that harm on appeal. 
2 
And in the Mariner case, if the judge 
3 
said, if you put the documents under seal, 
4 
which is exactly the situation we have now 
5 
is, I will grant the stay and let the 
6 
appellate court determine whether or not 
7 
incident reports, which have a much lower 
8 
threshold for production or for discovery 
9 
reasons, and, again, there's no harm in an 
10 
instance like that, even in an incident 
11 
report came out in the Mariner cases, so 
12 
what. It won't be used, you can't use any 
13 
of the information you obtained. In this 
14 
particular instance, because it is 
15 
confidential, there is no way the Court can 
16 
remedy the harm. 
17 
With regard to the defendants in this 
18 
case, again, I think we've demonstrated 
19 
both irreparable harm, and we believe a 
20 
substantial likelihood on the success. 
21 
Again, how do you demonstrate a substantial 
22 
likelihood on the success? The fact that  
23 
we would -- if this Court thought that we 
24 
should prevail, my guess, you would not 
25 
have ruled as you did, but as the Court is 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231409

13 
1 
aware, oh, surprise to all of the lawyers 
2 
here. Sometimes judges get reversed. I 
3 
know that's a shock to most of the lawyers 
4 
in this room and most of the courts, but 
5 
that happens on occasion, and, therefore, 
6 
we believe we can show through the 
7 
supremacy clause, the grand jury reference 
8 
that we will prevail and that your order 
9 
will be quashed. 
10 
With regard to alleged harm by any 
11 
other party, the Post in this instance 
12 
reported at the sentencing of Mr. Epstein 
13 
on or about June 30th of 2008. They waited 
14 
until June 1st of '09. This was such a 
15 
pressing issue, the Post wanted to get this 
16 
desperately out to the public, they were so 
17 
anxious to do it, that they waited 11 
18 
months before they did anything. 
19 
Mr. Edwards, who is not here 
20 
today, filed a federal court action and 
21 
those issues were talked about and 
22 
discussed at some length with regard to 
23 
Judge Marra's two orders. 
24 
Judge Marra's rule, you can't get 
25 
them, if you want to get them, go to that 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231410

14 
1 
case, that would be Judge Hafele or two of 
2 
Mr. Edwards' cases are where is Mr. Kuvin's 
3 
case is or Judge Marra, where Mr. Edwards' 
4 
case is. Judge Marra can certainly control 
5 
whether or not they should be released, and 
6 
I've covered Mr. -- oh, and Mr. Edwards 
7 
because he could have gone back to Judge 
8 
Marra because he's got one federal court 
9 
case -- did he try for that form and get 
10 
it 
no, they came in here. He tried to 
11 
do it in a run around Judge Marra. 
12 
He didn't file his motion until 
13 
late May of '09. My guess is it was 
14 
Mr. Edwards who probably said to the Post, 
15 
gee, why don't you join in this, you 
16 
haven't been here for 11 months, why don't 
17 
you come in now, maybe intervene. And then 
18 
Mr. Kuvin, on behalf of his client, II 
19 
estate court case, came in on June 11th, 
20 
again, almost a year to the date after 
21 
Mr. Epstein's sentence. 
22 
It's no burning issue, there's no 
23 
fire here to put out, giving us 30 days, or 
24 
at least a reasonable period of time to 
25 
file petition for writ, and then if the 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231411

15 
1 
Court denies our stay at least asking the 
2 
appellate court for stay under the 
3 
circumstances. There's no harm to them. 
4 
The harm is only to Mr. Epstein, and we 
5 
think as a substantial likelihood, that we 
6 
would succeed. 
7 
Therefore, we would request the 
8 
Court grant a stay as I've suggested in my 
9 
proposed order for 30 days of giving 
10 
Ms. Walsh and Ms. Compiani an opportunity 
11 
to actually do their job under the 
12 
circumstances, so the court reporter 
13 
doesn't have to work over the weekend to 
14 
expedite transcripts for us, and secondly, 
15 
if we file within the 30 days, then let the 
16 
appellate court determine whether or not 
17 
the stay remains or not. 
18 
THE COURT: Thank you much. 
19 
Ms. Shullman, don't worry about 
20 
responding to the issue of motive or 
21 
seeking this relief or the timing of your 
22 
request or party's request. I don't think 
23 
that bears upon the merits of either 
24 
parties. 
25 
MS. SHULLMAN: The constitutional 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231412

16 
1 
2 
3 
4 
5 
right of access doesn't have a waiver 
provision, your Honor. 
THE COURT: Well, go ahead. Let me 
hear -- I'm on board so far with 
Mr. Critton's version of, Judge, if you let 
6 
it out, you let it out, so irreparable harm 
7 
8 
9 
10 
11 
is kind of easy. I think that it is a 
two-prong test. I think he's got to jump 
over both hurdles. I think he's got to 
show some likelihood of success. If you 
want to spend some energy arguing that 
12 
there's no irreparable harm, you may do so, 
13 
but if I hand it out today and everybody 
14 
gets to see it, you can't fix that 
15 
tomorrow. 
16 
MS. SHULLMAN: Sure. 
17 
THE COURT: So I think they've 
18 
established that. 
19 
MS. SHULLMAN: Let me address that 
20 
very briefly first, your Honor, to remind 
21 
you in meeting this burden that they failed 
22 
 to meet yesterday, they identified four 
23 
interests which they liken now to the 
24 
motion to stay to the four harms. 
25 
One, of -- for the first three of 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231413

17 
1 
them, they mentioned they have no standing 
2 
to assert the compelling government 
3 
interest, the government didn't show up, 
4 
the imminent threat to the administration 
5 
of justice, again, that's the government's 
6 
issue. The innocent third party privacy 
7 
rights, they have no standing. The only 
8 
one is, he's not really articulated today 
9 
it's some sort of invasion of Mr. Epstein's 
10 
privacy rights. 
11 
Florida law is clear that those 
12 
who are participants in crimes do not have 
13 
privacy rights with respect to the facts 
14 
and circumstances surrounding those crimes. 
15 
So unless I'm going hear something outside 
16 
of the context of Mr. Epstein's criminal 
17 
prosecution, he has no privacy right in 
18 
this agreement. 
19 
THE COURT: Let me share with you 
20 
what I'm thinking about doing, even at the 
21 
conclusion of Mr. Critton's presentation, 
22 
and that is deny the motion to stay, but 
23 
delay the release of the records in 
24 
question until noon Friday. That will give 
25 
them a little bit of time to see if the 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231414

18 
1 
Fourth sees this case from a different 
2 
vantage point, a different light, and maybe 
3 
they'll look down and say, oh, Judge 
4 
Colbath, you missed it and, you know, stay 
5 
the matter. That will give them a 
6 
reasonable amount of time to get the 
7 
transcripts to go to the Fourth because I'm 
8 
a big fan of appellate review and making 
9 
case law. 
10 
MS. SHULLMAN: And I understand, your 
11 
Honor, if you are suggesting a week from 
12 
today, that's a little bit long. Remember 
13 
the status quo here, we are in sort of a 
14 
strange procedural posture because your 
15 
Honor decided that the initial closure was 
16 
improper, but the recent request for 
17 
closure was denied, so instead of a status 
18 
quo where we have a document that should be 
19 
released, it's under seal where it 
20 
shouldn't be, so any moment that it is kept 
21 
under seal is a serious deprivation of the 
22 
public and the press's right to  access,
23 
which you have already determined they 
24 
have, we think you are correct, of course, 
25 
so I would ask that any stay --
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231415

19 
1 
MR. CRITTON: She's pandering, your 
2 
Honor. 
3 
MS. SHULLMAN: I will say he 
4 
respectfully disagreed with you, so I think 
5 
a week is too long. I do this day in and 
6 
day out, I have spent many a weekend on 
7 
these matters in my career. If you want to 
8 
give them till Tuesday, I'll be kind, but 
9 
the Fourth will act quickly on this. I 
10 
don't think that a week's delay is 
11 
necessary. I think, in fact, it under 
12 
minds the public purpose here. 
13 
THE COURT: All right. Any other 
14 
respondents want to go anything further? 
15 
MS. SHULLMAN: The State Attorney's 
16 
office also advises me that Friday is a 
17 
holiday and the courts are closed. 
18 
THE COURT: Thank you for telling me 
19 
that. Friday is a holiday. 
20 
MR. KUVIN: July 4th. 
21 
THE COURT: The day of the birth of 
22 
our constitution. 
23 
MR. KUVIN: Good morning, your Honor. 
24 
On behalf of intervenor II, obviously, the 
25 
Court is inclined to delay the disclosure 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231416

20 
1 
of this, but under Rule 9.310, if your 
2 
Honor were to issue such a stay, we would 
3 
point out the provision C of the rule, 
4 
which requires a posting of the bond. 
5 
We not only agree with your Honor's 
6 
ruling, but we believe such appeal they are 
7 
filing is absolutely frivolous and we are 
8 
going to be requesting fees and cost for 
9 
the filing of that appeal, so as a result, 
10 
we are requesting a bond be posted if a 
11 
stay of any type is issued in this case 
12 
because of the fact that we want to make 
13 
sure that our attorneys' fee and costs are 
14 
covered for the frivolous nature of the 
15 
appeal. And it's dictated strictly in 
16 
subsection A. It gives the Court the 
17 
authority. It says: 
18 
A stay pending review may be 
19 
conditioned upon a good and sufficient 
20 
bond, other conditions or both. Therefore, 
21 
we believe your Honor does have the 
22 
authority to issue such a requirement that 
23 
the posting of a bond be issued. 
24 
THE COURT: All right. Thank you 
25 
very much. 
I will deny the motion to stay. 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231417

21 
1 
I will delay the release of the documents 
2 
until noon Thursday. I will deny the 
3 
request to compel the movant, the 
4 
defendant, Mr. Epstein, to post a bond, and 
5 
I'll let the appellate court tell us and 
6 
teach us what the law on this case will be. 
7 
It's always interesting how these 
8 
cases unfold and come to us a little 
9 
different than everyone else. Now, let me 
10 
have the attorneys come up here and 
11 
approach. 
12 
(The following proceedings were held 
13 
sidebar, out of the hearing of the jury.) 
14 
THE COURT: I reviewed the two 
15 
documents, I didn't see any kids' names in 
16 
there. Everybody was hinting the 
17 
children's names or the initials' names. I 
18 
had my big black highlighter out, I don't 
19 
see anything worth redacting, so. 
20 
MR. GOLDBERGER: it's the plaintiff's 
21 
document that identifies the children's 
22 
names. It's a letter to me actually. 
23 
THE COURT: I was wondering if 
24 
everybody thought there was something in 
25 
there that wasn't in there. 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231418

22 
1 
MR. CRITTON: It's a test of your 
2 
skills, your Honor. 
3 
THE COURT: You're right, exactly. 
4 
One is page one through seven, and the 
5 
second one is just two pages that's not 
6 
even signed by everybody. 
7 
MR. GOLDBERGER: While we're all up 
8 
here chatting, there are references to 
9 
other names up here. 
10 
THE COURT: Yes, Mr. Goldberger, and 
11 
no one has identified in the document says 
12 
these are people that are not going to be 
13 
prosecuted. Mr. Kuvin made the argument 
14 
that these are co-conspirators. These are 
15 
innocent people that have nothing to do 
16 
with these proceedings. They have nothing 
17 
to do with --
18 
MS. SHULLMAN: They have a standing. 
19 
THE COURT: I will renew my ruling 
20 
that I gave you yesterday, and deny your 
21 
request to redact those names out of there. 
22 
All right, so I'll hang on to these till 
23 
Thursday at noon, and anybody that comes 
24 
wants to come and get them, I don't know if 
25 
there's a mechanism for -- I stand on the 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231419

23 
1 
courthouse steps and pass them out. 
2 
MS. SHULLMAN: If there are no 
3 
redactions to be made. 
4 
THE COURT: No redaction. 
5 
MS. SHULLMAN: I would do an order 
6 
directing the Court to release them and 
7 
they may become unsealed. You don't 
8 
need --
9 
MS. COMPIANI: Your Honor, are you 
10 
going to write up a written order 
11 
denying --
12 
MR. GOLDBERGER: Are you going to do 
13 
that? 
14 
THE COURT: Put together a written 
15 
order? 
16 
MS. SHULLMAN: Denying the stay? 
17 
THE COURT: Yes, A, denying the stay; 
18 
B, delaying the disclosure or unsealing of 
19 
these documents until noon Thursday; C, 
20 
denying the motion for bond. 
21 
MR. GOLDBERGER: And you'll need that 
22 
order quickly. 
23 
THE COURT: Yeah, fax that and we'll 
24 
get it signed quick today. 
25 
MR. GOLDBERGER: Are you forcing the 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231420

24 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
court reporter to work over the weekend so 
we can get a transcript? 
MR. CRITTON: Thank you, your Honor, 
for moving us this morning. 
(Side bar conference held outside the 
hearing of the jury concluded.) 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231421

25 
1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
June 2009. 
19 
20 
21 
22 
23 
24 
25 
CERTIFICATE 
THE STATE OF FLORIDA, 
COUNTY OF PALM BEACH. 
I, SUSAN S. WIGGINS, R.P.R., Official 
Court Reporter for the Fifteenth Judicial Circuit, 
Criminal Division, in and for Palm Beach County, 
Florida; do hereby certify that I was authorized 
to and did report the foregoing proceedings before 
the Court at the time and place aforesaid; and 
that the preceding pages numbered from 1 to 24, 
inclusive, represent a true and accurate 
transcription of my stenonotes taken at said 
proceedings. 
IN WITNESS WHEREOF, I have hereunto 
affixed my official signature this 29th day of 
(C-aecktfi (23 60 
SUSAN S. WIGGINS R.P.R. 
SUSAN S. WIGGINS. R.P.R. and OFFICIAL COURT REPORTER 
EFTA00231422

CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that a copy of the foregoing has been sent by E-Mail 
and Federal Express this  Sox. day of June, 2009, to: 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, 
West Palm Beach, FL 33401 
WILLIAM J. BERGER 
ROTHSTEIN ROSENFELDT ADLER 
401 East Las Olas Boulevard, Suite 1650 
Fort Lauderdale FL 33394 
Counsel for 
SPENCER T. KUVIN 
LEOPOLD-KUVIN, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Counsel for M. 
JUDITH STEVENSON ARCO 
State Attorney's Office-West Palm Beach 
401 North Dixie Highway 
West Palm Beach, FL 33401 
DEANNA K. SHULLMAN 
400 North 
Drive, Suite 1100 
P. O. Box 2602 (33601) 
Tampa, FL 33602 
Counsel for The Palm Beach Post 
HONORABLE JEFFREY COLBATH 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 11F 
West Palm Beach, FL 33401 
ROBERT D. CRITTON 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 North Flagler Drive, 
West Palm Beach, FL 33401 
and 
JACK A. GOLDBERGER 
ATTERBURY, GOLDBERGER & WEISS, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, FL 33401 
and 
EFTA00231423

JANE KREUSLER-WALSH and 
BARBARA J. COMPIANI of 
KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 
501 South Flagler Drive, Suite 503 
West Palm Beach, FL 33401-5913 
Counsel for Petitioner 
By: 
- 751SL‘-• 
ICUI-S.
W4 ALSH 
lorida Bar No. 272371 
EFTA00231424

EFTA00231425