EFTA00183935

CERTIFICATE OF SERVICE 
U.S. ATTORNEY'S OFFICE 
SOUTHERN DISTRICT 
500 South Australian Avenue, Suite 400 
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 
JACK A. GOLDBERGER 
ATTERBURY, GOLDBERGER & WEISS, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, FL 33401 
Counsel for petitioner 
STATE ATTORNEY'S OFFICE 
401 North Dixie Highway 
West Palm Beach, FL 33401 
DEANNA K. SHULLMAN 
THOMAS, LOCICERO & BRALOW, P.L. 
400 North 
Drive, Suite 1100 
P. O. Box 2602 (33601) 
Tampa, FL 33602 
Counsel for The Palm Beach Post 
ROBERT D. CRITTON 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 North Flagler Drive, Suite 400 
West Palm Beach, FL 33401 
Counsel for petitioner 
EFTA00183955

KREUSLER-WALSM, 
COMPIANY & VARGAS, P.A. 
SUITE 503, FLAGLER CENTER 
501 SOUTH FLAGLER DRIVE 
WEST PALM BEACH. FLORIDA 33401.5913 
 
111111,1 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, FL, 33401 
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EFTA00183956

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Fourth District Court of Appeal 
1525 Palm Beach Lakes Blvd. 
West Palm Beach, Florida 33401 
ACKNOWLEDGMENT OF NEW CASE 
DATE: 
July 1, 2009 
STYLE: 
JEFFREY EPSTEIN 
STATE OF FLORIDA 
4DCA#: 
4D09-2554 
The Fourth District Court of Appeal has received the Petition reflecting 
a filing date of 7/1/09 
The county of origin is Palm Beach. 
The lower tribunal case number provided is 20098CF009381A 
The filing fee is Paid In Full - $300. 
Case Type: Certiorari 
Criminal 
The Fourth District Court of Appeal's case number must be utilized on all pleadings and correspondence 
filed in this cause. Moreover, ALL PLEADINGS SIGNED BY AN ATTORNEY MUST INCLUDE THE 
ATTORNEY'S FLORIDA BAR NUMBER. 
Please review and comply with any handouts enclosed with this acknowledgment. 
RECEIPT 
JEFFREY EPSTEIN 
I. STATE OF FLORIDA 
4DCA#: 
4D09-2554 
Receipt # R2009-1015476 
Method of Payment: CK 
Check # 25986 
PAYER: El 
Filing Fee: $300.00 
Total: $300.00 
EFTA00183957

cc: Barbara J. Com iani 
Deanna K. Shullman 
Hon. Jeffrey J. Colbath 
Jack A. Goldberger 
State Attomey-P.B. 
Spencer T. Kuvin 
Robert D. Critton, Jr. 
U.S. Attomey'S Office 
William J. Berger 
EFTA00183958

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EFTA00183959

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA 
FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401 
July 1, 2009 
CASE NO.: 4D09-2554 
L.T. No. : 20098CF009381A 
JEFFREY EPSTEIN 
STATE OF FLORIDA 
Appellant / Petitioner(s), 
Appellee / Respondent(s). 
BY ORDER OF THE COURT: 
ORDERED that the motion to file under seal is granted. 
ORDERED FURTHER that this court grants the Motion to Use One Appendix to 
Support the Emergency Petition for Writ of Certiorari and Emergency Motion to Review 
Denial of Stay. 
ORDERED FURTHER that this court grants petitioners Emergency Motion to 
Review the Order June 26, 2009, that denies the motion for stay. The June 25, 2009. 
order granting the motion to unseal is stayed pending further order of this court. 
ORDERED FURTHER that within ten (10) days of this order respondent shall 
show cause why the petition should not be granted. Respondent shall address this 
court's jurisdiction to review the order as well as the merits of the petition. 
ORDERED FURTHER that petitioner may have ten (10) days thereafter to reply. 
I HEREBY CERTIFY that the foregoing is a true copy of the original court order. 
Served: 
Sharon R. Bock, Clerk 
Robert D. Critton, Jr. 
Deanna K. Shullman 
Hon. Jeffrey J. Colbath 
dl 
Fourth District Court of Appeal 
Spencer T. Kuvin 
Jack A. Goldberger 
U.S. Attorney's Office 
William J. Berger 
EFTA00183960

DISTRICT COURT OF APPEAL 
Fouorm Dew 
1525 Pa BEACH LAKES Eiwo. 
WEST Nut BEACH, Flamm 33401 
DL 
U.S. Attorney'S Office 
Southern District 
500 South Australian Avenue 
Suite 400 
West Palm Beach, FL 33401 
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0171415532992 
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US POSTAGE 
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EFTA00183961

IN THE DISTRICT COURT OF APPEAL 
FOURTH DISTRICT OF FLORIDA 
CASE NO. 4D09-2554 
JEFFREY EPSTEIN, 
Petitioner, 
vs. 
STATE OF FLORIDA,16LM BEc H NEWSPAPERS, INC., 
IE., a nd 
Respondents. 
Pending in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, 
Case Nos. 2006 CF 9454AMB, 2008 CF 9381 AMB 
PALM BEACH NEWSPAPERS, INC. d/b/a THE PALM BEACH Paws 
RESPONSE TO EMERGENCY PETITION FOR WRIT OF CERTIORARI 
THOMAS, LoCICERO & BRALOW PL 
Deanna K. Shullman 
James B. Lake 
101 N.E. 3rd Avenue, Suite 1500 
Ft. Lauderdale, Florida 33301 
EFTA00183962

TABLE OF CONTENTS 
TABLE OF AUTHORITIES 
INTRODUCTION 
1 
JURISDICTION 
2 
NATURE OF THE RELIEF SOUGHT 
2 
STATEMENT OF THE CASE AND FACTS 
3 
SUMMARY OF THE ARGUMENT 
7 
ARGUMENT 
8 
I. 
STANDARD OF REVIEW. 
8 
II. 
THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 
8 
A. The NPA was not Properly Sealed in the First Instance. 
8 
1. Closure of the Non-Prosecution Agreement Improperly Occurred 
without a Motion, Notice, Hearing, or a Proper Order. 
 11 
2. Closure of the Addendum Improperly Occurred without any Procedures to 
Protect the Right of Access at all 
 12 
B. No Basis Exists for Current Closure of the Non-prosecution Agreement or 
Its Addendum 
13 
1. Petitioner Cannot Identify a Rule 2.420(cX9) Interest that Warrants 
Closure. 
 16 
2. The Federal Court's Decisions in Case No. 08-80736 (S.D. Fla. 2008) Did 
Not Preclude the Lower Court's Orders Unsealing the NPA. 
19 
3. Federal Rule of Criminal Procedure 6 Did Not Preclude the Lower Court's 
Orders Unsealing the NPA 
21 
CONCLUSION 
25 
CERTIFICATE OF SERVICE 
26 
EFTA00183963

TABLE OF AUTHORITIES 
Federal Cases 
Craig I Harney, 
331 U.S. 367 (1947) 
8 
Doe I Hammond, 
502 F. Supp. 2d 94 (D.D.C. 2007) 
24 
In re Grand Jury Investigation of Ven-Fuel, 
441 F. Supp. 1299 (M.D. Fla. 1977) 
23, 24 
Lockhead Martin Corp. I Boeing Co., 
393 F. Supp. 2d 1276 (M.D. Fla. 2005) 
23 
Oregonian Publishing Co. I United States District Court, 
920 F.2d 1462 (9th Cir. 1990) 
9 
U.S. I Rosen, 
471 F. Supp. 2d 651 (E.D. Va. 2007) 
23 
United States I Kooistra, 
796 F.3d 1390 (11th Cir. 1986) 
9 
State Cases 
Anderson I E.T„ 
862 So. 2d 839 (Fla. 4th DCA 2003) 
8 
Barron I Florida Freedom Newspapers. Inc.,
631 So. 2d 113 (Fla. 1988) 
10 
Combs I State, 
436 So. 2d 93 (Fla. 1983) 
8 
Doe I Museum of Science and History of Jacksonville. Inc., 
Case No. 92-32667, 1994 W 741009 (Fla. 7th Jud. Cir. June 8, 1994) 
17 
Fla. Sugar Cane League. Inc. I Fla. Dept. of Envtl. Reg., 
Case No. 91-2108 (Fla. 2d Jud. Cir. Sept 20, 1991) 
22 
Hous. Auth. of the City of Daytona Beach . Gomillion, 
639 So. 2d 117 (Fla. 5th DCA 1994) 
21 
In re Amendments to Florida Rule of Judicial Administration 2.420 
954 So. 2d 16 (Fla. 2007) 
Sarasota Herald Tribune. Div. of the New York Times Co. I. Holtzendorf, 
507 So. 2d 667(Fla. 2d DCA 1987) 
9 
Sarasota-Herald Tribune I State, 
924 So. 2d 8 (Fla. 2d DCA 2QQ6) 
2 
Sentinel Communications Co. I Watson, 
615 So. 2d 768 (Fla. 5th DCA 1993) 
9 
Wallace I Guzman, 
687 So. 2d 1351 (Fla. 3d DCA 1997) 
21 
ii 
EFTA00183964

Other Authorities 
Fla. Const. Art. I, § 23 
 18 
Fla. Const. Art. I, § 24 
2 
Fla. R. App. P. 9.100(d) 
2 
Fla. R. Jud. Admin. 2.420 
18 
iii 
EFTA00183965

INTRODUCTION 
This appeal concerns attempts to thwart public scrutiny of how government 
responded to the prostitution of children in Palm Beach County. In the order at 
issue below, the trial court correctly unsealed a non-prosecution agreement and its 
addendum. A predecessor judge found that the agreement significantly induced 
Petitioner to accept a plea agreement that allowed him to serve 18 months in jail 
for luring children to his Palm Beach mansion for "massages" or sexual activity. 
At the time that the non-prosecution agreement and its addendum (collectively "the 
NPA") were accepted for filing, no basis for closure was asserted or found. Thus, 
the NPA was not properly sealed, and the prior closure order was properly vacated. 
Moreover, no basis currently exists for closure, and the pending petition — like 
Petitioner's filings below — contain nothing more than unsubstantiated assertions 
that confidentiality is required. Thus, continued closure is not warranted. 
Certainly unsealing the documents was not such a clear departure from the 
essential requirements of law as to warrant certiorari relief. Consequently, the 
pending petition must be denied. 
In addition, this Court should exercise its inherent authority under Rule 
9.410 of the Florida Rules of Appellate Procedure to sanction Petitioner for his 
frivolous and bad faith attempts to cloak the resolution of the criminal charges 
1 
EFTA00183966

• 
against him in secrecy by awarding to Respondent, Palm Beach Newspapers, Inc. 
d/b/a The Palm Beach Post ("the Post") its attorneys' fees and costs in responding 
to this petition. 
JURISDICTION 
The Post adopts Respondent 
's statement concerning jurisdiction. 
Insofar as this Court finds jurisdiction, the Post requests that this Court expedite its 
consideration of this matter, so as to remedy the denial to date of the public's and 
press's constitutional and common law rights of access. Art. I, § 24, Fla. Const.; 
Fla. R. App. P. 9.100(d); Sarasota-Herald Tribune.. State, 924 So. 2d 8, 11 (Fla. 
2d DCA 2006) (rule 9.100(d) permits "expedited" review of orders excluding the 
press). 
NATURE OF THE RELIEF SOUGHT 
The Post asks this Court to deny the pending petition and to let stand the 
circuit court's Orders dated June 25, 2009 and June 26, 2009, which unsealed the 
NPA, and directed the Clerk of Court in and for the Fifteenth Judicial Circuit of 
Florida to release these records to the public.' 
Petitioner has sought review of the June 26, 2009 Order by motion rather than 
by petition for writ of certiorari. Though the June 26 Order does address the 
matter of Petitioner's request for stay, the order also directs the Clerk of Courts to 
release the records, review of which should have been sought by certiorari. 
2 
EFTA00183967

STATEMENT OF THE CASE AND FACTS 
This proceeding concerns the public's constitutional and common law rights 
of access to records crucial to the disposition of criminal charges against Petitioner 
Jeffrey Epstein. Specifically, Petitioner seeks review of two orders unsealing a 
non-prosecution agreement and its addendum (collectively the "NPA"), which are 
records of the trial court below. State I Epstein, Case Nos. 06 CF9454AMB, 08 
CF938 1 AMB. 
Petitioner was investigated by the State of Florida for felony solicitation of 
children for prostitution. (A-7 at p. 3, I. 15 — p. 4,1.4; A-8.) The victims allege 
Epstein brought and paid teenage girls to come to his home for sex and/or 
"massages." (A-11 at ¶ 6 and n. 1.) Epstein's minor victims are numerous (A-7 at 
p. 20,11. 13-18) and the case drew attention of the highest-ranking law enforcement 
officials in Palm Beach County. Frustrated during the course of the investigation, 
Police Chief Michael Reiter even penned a letter to State Attorney Barry Krischer, 
calling his office's handling of the investigation "highly unusual" and suggesting 
that he disqualify himself from the case if the state would not act (A-11 at ¶ 6; A-
18 at p. 36,11. 7-142.) A federal investigation of Epstein's conduct as it relates to 
soliciting children for prostitution ensued. 
2 References to "A-" are to Petitioner's Appendix. 
3 
EFTA00183968

Then abruptly, in June 2008, Epstein pleaded guilty in the trial court below 
to felony solicitation of minors for prostitution, was designated a Sexual Offender 
pursuant to Florida law, and was sentenced to 18-months jail and community 
control. (A-8.) Before accepting the terms of his state plea, Epstein entered into 
a non-prosecution agreement with federal prosecutors. (A-7 at p. 38, 11. 9-18.) The 
non-prosecution agreement and its addendum were filed under seal in the lower 
court on July 2, 2008 and August 25, 2008, respectively.3
According to Epstein's lawyers (and presumably the NPA itself ), taking 
the state plea was a condition of the NPA. (A-7 at p. 38,11. 13-18.) The NPA is 
invalidated if Epstein fails to fulfill the obligations of the state plea deal (A-7 at p. 
38, 11. 22 - 25.) In accepting the state plea, the trial court viewed the NPA a 
"significant inducement in accepting" the plea and recognized that the NPA 
influenced the defendant to make the state plea. (A-7 at p. 39, 11. 19-21; p. 40,11. 
10-13.) 
In considering the plea at the hearing, the court requested a sealed copy of 
the non-prosecution agreement and asked whether Petitioner had signed it. (A-7 at 
3 The NPA and its addendum were filed under seal in this Court on July 1, 
2009. 
4 The Post and its lawyers have not seen the NPA, though it was reviewed, in 
camera, by the trial court (A-19). 
4 
EFTA00183969

p. 40,11.4-6.) Epstein's lawyer indicated it was signed and interjected that he 
"would like to seal the copy." (A-7 at p. 40,11. 7-9.) Representatives from the 
U.S. Attorneys' Office were present at the hearing (A-7 at p. 39,11. 22-23) but 
stated no objection to filing the non-prosecution agreement in the state court file. 
Thereupon, without any further consideration, the trial court requested a sealed 
copy of the non-prosecution agreement. (A-7 at p. 40,11.9-10.) On July 2, 2008, 
without any further proceedings on the issue, the court entered an Agreed Order 
Sealing Document in Court File, which allowed Epstein to file the non-prosecution 
agreement that was attached to the Agreed Order under seal. (A-9.) By its terms, 
the closure order was limited to the non-prosecution agreement and did not include 
its addendum. The order makes no findings with respect to closure and never 
expires. (A-9.) The addendum was filed six weeks later, on August 25, 2008, 
without any further order of the Court with respect to closure. 
Since Epstein pleaded guilty to soliciting a minor for prostitution, he has 
been named in at least 12 civil lawsuits that — like the charges in this case — allege 
Epstein lured teenage girls to his Palm Beach mansion for sex and/or "massages." 
(A-1)5 At least 11 cases are pending. In another lawsuit, one of the Epstein's 
5 See also A-11 at 116 (citing Does Epstein, Case No. 08-80069 (S.D. Fla. 
2008); Doe No. 2j Epstein, Case No. 08-80119 (S.D. Ha. 2008); Doe No. 3.! 
Epstein, Case No. 08-80232 (S.D. Fla. 2008); Doe No. 4.1 Epstein, Case No. 8-
(Footnote continued on next page) 
5 
EFTA00183970

accusers has alleged that federal prosecutors failed to consult with her regarding 
the disposition of possible charges against Epstein. (A-1; A-18 at p. 22,1. 20 — p. 
23,1. 15.)6
Given the important public interest in this matter, on June 1, 2009, the Post 
moved to intervene below for the purpose of obtaining access to the NPA. The 
Court granted the Post's motion to intervene on June 10, 2009 (Supp.A.-1 at 1.)7
The trial court granted the Post's petition for access on June 25, 2009 (A-16, A-18) 
and on June 26, 2009 denied Epstein's motion for stay and directed the clerk to 
release the records at noon on Thursday, July 2, 2009. (A-17, A-19.) Epstein's 
emergency petition for writ of certiorari regarding the June 25, 2009 order and his 
emergency motion to review the June 26, 2009 order followed. 
0 ( D. Fla. 2008); Doe No. 5 1. Epstein, Case No. 08-80381 (S.D. Fla. 2008); 
. 1. Epstein, Case No. 08-80811 S.D. Fla. 2008); Doe'. Epstein, Case No. 
08-80893 (S.D. Fla. 2008); Doe No. 71. Epstein, Case No. 08-80993 (S.D. Fla. 
2008); Doe No. 6'. Epstein, Case No. 08-80994 (S.D. Fla. 2008); Doe II 
Epstein, Case No. 09-80469 (S.D. Ha. 2009); Doe No. 101 
Epstein, Case No. 
09-80591 (S.D. Fla. 2009); Doe No. 102'. Epstein, Case No. 09-80656 (S.D. Fla. 
2009); Doe No. 81. Epstein, Case No. 09-80802 (S.D. Fla. 2009)). 
6 See also (A-11 at116) (citing In re: Jane Doe, Case No. 08-80736 (S.D. Fla. 
2008)). 
7 References to "Supp.A." correspond to the supplemental appendix filed by the 
Post simultaneous with this brief. 
6 
EFTA00183971

SUMMARY OF THE ARGUMENT 
Petitioner's initial filing of the NPA under seal was achieved without any 
regard for the public's constitutional, statutory and common law rights of access. 
Florida law flatly prohibits the standardless permanent closure that was achieved in 
this case. The public has a right to know what transpires in its courtrooms 
generally and in particular has an interest in understanding how the resolution of 
this highly unusual prosecution occurred. 
Moreover, no present basis for closure exists. Petitioner has not shown — 
and cannot show — that continued closure is proper. Instead, he has made 
conclusory assertions and relied on red herrings in attempting to keep the public 
from understanding how government responded to his solicitation of children to 
perform sex acts. 
The trial court, having reviewed the records in camera, saw through 
Petitioner's flimsy arguments. The trial court did not depart from the essential 
requirements of law in ordering the records unsealed. 
7 
EFTA00183972

ARGUMENT 
I. 
STANDARD OF REVIEW. 
The standard of review for a petition for writ of certiorari is whether the trial 
court departed from the essential requirements of law. See Combs . State, 436 
So. 2d 93, 95 (Fla. 1983); Anderson 
E.T., 862 So. 2d 839, 840 (Fla. 4th DCA 
2003). 
II. THE TRIAL COURT CORRECTLY UNSEALED THE NPA. 
The NPA was neither properly sealed in the first instance nor is properly 
sealed at present. The trial court did not depart from the essential requirements of 
law in unsealing the records. 
A. 
The NPA was not Properly Sealed in the First Instance. 
The NPA — a significant inducement to Petitioner's acceptance of the plea — 
was accepted for filing under seal without any deference to the public's right of 
access to court records. Such standardless closure cannot withstand scrutiny. 
Florida has traditionally served as a model for open government and courts. 
It is well-settled in Florida that "[a] trial is a public event [and] [w]hat transpires in 
the court room is public property." Miami Herald Publ'g Co._'. Lewis, 426 So. 2d 
I, 7 (Fla. 1982) (quoting Craig'. Harney, 331 U.S. 367, 376 (1947)). When 
considering a request to seal judicial records, this Court's "analysis must begin 
8 
EFTA00183973

with the proposition that all civil and criminal court proceedings are public events, 
records of court proceedings are public records and there is a strong presumption in 
favor of public access to such matters." Sentinel Communications Co.' Watson, 
615 So. 2d 768, 770 (Fla. 5th DCA 1993). Indeed, the people of this State added 
Article I, Section 24 to the Declaration of Rights in the Florida Constitution to 
make clear that the right of access to the records of all three branches of 
government is of constitutional magnitude. All citizens possess the right to 
"inspect or copy" such records. 
Plea agreements and related documents typically are public record. See 
Oregonian Publishing Co. 
United States District Court, 920 F.2d 1462, 1465 
(9th Cir. 1990) ("plea agreements have typically been open to the public"); United 
States • Kooistra, 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). Florida law likewise 
recognizes a strong public right of access to documents a court considers in 
connection with sentencing. See Sarasota Herald Tribune, Div. of the New York 
Times Co.,. Holtzendorf, 507 So. 2d 667, 668 (Fla. 2d DCA 1987) ("While a 
judge may impose whatever legal sentence he chooses, if such sentence is based on 
a tangible proceeding or document, it is within the public domain unless otherwise 
9 
EFTA00183974