EFTA00183935

and 
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:tBARA.
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WIANI of 
KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 
501 South Flagler Drive, Suite 503 
West Palm Beach, FL 33401-5913 
Counsel for Petitioner 
By: 
- 
NE KUSLER-WALSH 
orida Bar No. 
4 
EFTA00184015

KREUSLER-WALSH, 
COMPIANI & VARGAS, P.A. 
SUITE 603, FLAGLER CENTER 
501 SOUTH FLAGLER DRIVE 
WEST PALM BEACH, FLORIDA 33401-5913 
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U.S. Attorney's 
outhern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, FL 33401 
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JUL 14 2009 
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EFTA00184016

IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
CASE NO: 4D09-2554 
L.T. No. 2008 CF 9381 
JEFFREY EPSTEIN, 
Petitioner, 
STATE OF FLORIDA, 
et. al, 
Respondents. 
MOTION TO FILE PORTION OF RESPONSE UNDER SEAL 
Respondent, 
, moves to file under seal a portion of her response 
(dealing with this Court's lack of jurisdiction) to the petition for writ of 
certiorari, on the following grounds: 
In a portion of her response, attached hereto in the sealed envelope, 
. discusses page-by-page the sealed document, the Non-Prosecution 
Agreement. Public disclosure of this portion ofla's response would 
violate this Court's order staying disclosure of the NPA. 
For this reason, 
. moves to file the attached under seal. Copies of 
the sealed portion have been served only on the attorneys for petitioner and 
the U.S. Attorney. 
EFTA00184017

The undersigned counsel spoke with 
, attorney for 
petitioner, and represents that she does not oppose this motion to file under 
seal. 
I HEREBY CERTIFY that a correct copy of the foregoing has been 
served by mail this  I  day of July, 2009, on the parties listed below. 
ROTHSTEIN ROSENFELDT ADLER 
Attorneys for.. 
401 East Las Olas Blvd., Suite 1650 
Fort Lauderdale Florida 33301 
Telephone 
Telecop 
By: 
W. ram J. Berger 
Florida Bar No. 
SERVICE LIST 
Kreusler-Walsh, Compiani & Vargas, P.A. 
501 South Flagler Drive, Suite 503 
West Palm Beach, Fl 33401-5913 
Deanna K. Shullman 
400 North 
Drive, Suite 1100 
P.O. Box 2602 
Tampa, Fl 33602 
2 
EFTA00184018

Spencer T. Kuvin 
Leopold- Kuvin, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Robert D. Critton of 
Burma; Critton, Luttier & Coleman 
515 North Flagler Drive, Suite 400 
West Palm Beach, Fl 33401 
Jack A. Goldberger of 
Atterbury, Goldberger, & Weiss, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, Fl 33401 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, Fl 33401 
State Attorney's Office- West Palm Beach 
401 North Dixie Highway 
West Palm Beach, Fl 33401 
Honorable Jeffrey Colbath 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 11F 
West Palm Beach. Fl 33401 
3 
EFTA00184019

IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
CASE NO: 4D09-2554 
L.T. No. 2008 CF 9381 
JEFFREY EPSTEIN, 
Petitioner, 
STATE OF FLORIDA, 
15, THE PALM BEACH POST, 
B.B, 
Respondents. 
S RESPONSE TO PETITION FOR CERTIORARI' 
Respondent, 
would show this Court as follows: 
I. Introduction: 
In an unprecedented request that should shock the conscience of this 
Court, a convicted child sex offender seeks to conceal from the public the 
details of his deal with the U.S. Attorney (filed in the lower court) that led 
him to plead guilty to state charges of procuring a minor to engage in 
prostitution (a 2nd degree felony) and felony solicitation of prostitution (a 
3rd degree felony). His request would make a sham of the public's state 
has also filed herewith under seal a request to dismiss the petition for 
lack of jurisdiction. That response is filed under seal because it discusses 
page-by-page the sealed document 
EFTA00184020

constitutional right to open government. The lower court properly denied 
this attempt. This Court, it is respectfully submitted, should deny the 
petition for certiorari and vacate the order staying disclosure of the sealed 
documents. 
a
is one of three respondents to the petition for writ of certiorari. 
The other two, The Palm Beach Post and III, are filing their own 
responses. The respondents have tried not to repeat the arguments of each 
other. 
limits her response here to arguments in the petition based on 
certain federal court rulings. 
incorporates by reference the other 
responses. 
The proceedings that have led to the petition for writ of certiorari 
before this Court began with 
's May 12, 2009 motion below to vacate 
the Agreed Order Sealing Document entered by the trial court on July 2, 
2008 at the plea and sentencing hearing in the state court criminal 
proceedings against petitioner. The Agreed Order authorized the filing 
under seal of the Non-Prosecution Agreement ("NPA") between petitioner 
and the United States. 
also moved to unseal an Addendum to the NPA 
that was sealed on August 23, 2008 without any hearing or court order 
whatsoever. 
2 
EFTA00184021

The Palm Beach Post and ■ 
were granted leave to intervene and 
file their own motions similar to 
The lower court, after two hearings, granted the motions and ordered 
the NPA and Addendum to be unsealed. Petitioner seeks review of that 
order and the order denying his motion to stay pending appellate review. 
For the reasons stated below and in the other responses, it is submitted his 
requests should be denied. 
2. Judge Marra expressly authorized the lower court to resolve 
the issue of whether the state court records should be unsealed. 
Petitioner places great emphasis on rulings entered by United States 
District Judge Kenneth Marra, asserting that the order under review here 
"violated" those rulings. 
In fact, at a June 12, 2009 hearing2 attended by petitioner's counsel, 
Judge Marra expressly authorized the lower court, the Honorable Judge 
Jeffrey Colbath, to resolve the issue of whether the state court records should 
be unsealed. 
Responding to a request that he look at the NPA in camera, Judge 
Marra stated: 
THE COURT: Maybe Judge Colvat [sic] will resolve this 
issue for me. 
2 The hearing was in the federal civil lawsuits against petitioner. 
3 
EFTA00184022

MR. JOSEFSBERG: Even if he doesn't, Your Honor, I believe 
we are allowed to show it to you. 
THE COURT: I'll tell you what: I'll wait for Judge Colvat 
[sic] to rule, and then if he rules that it should remain sealed, then I'll 
consider whether or not I want to have it submitted to me in camera. 
Iff.-13, page 42, lines 8-15(emphasis added).) 
All of petitioner's assertions that Judge Colbath's order under review 
here "violated" Judge Main's orders, that the lower court gave only "lip 
service" to Judge Marra, that the supremacy clause and the doctrine of 
federal grand jury secrecy are violated, are all shown by the above quotes to 
be false assertions. Judge Marra looked forward to a resolution by the lower 
court of what is purely a state law issue: should these state court records be 
unsealed? 
3. The federal court orders do not support the petition and in fact 
undermine it. 
Even if we were to ignore Judge Marra's quotes above, his written 
orders do not support the petition and in fact undermine it. 
The first federal order petitioner relies on is an "Order To Compel 
Production And Protective Order" dated August 21, 2008. The second is an 
"Order" dated February 12, 2009. (Copies, respectively, are A-2 and A-6 in 
petitioner's Appendix.4) 
3 Reference to 
I
I
 
'
 
s Appendix is by "(1.11-
.).1) 
4 
EFTA00184023

These orders were entered in a proceeding brought by two of 
petitioner's victims, Jane Does 1 and 2,5 against the United States under the 
federal Crime Victim's Rights Act, 18 U.S.C. sec. 3771. Petitioner was not 
a party to the proceeding. (A-1.) That proceeding is separate from the 
federal damages actions brought by petitioner's victims. It should also be 
noted that there has never been a federal court prosecution of petitioner. 
There was no federal indictment or information filed. 
In the proceeding where Judge Marra entered the two orders relied on 
by petitioner, the Jane Does sought to obtain production directly from the 
files of the U.S. Attorney of a copy of the NPA. They were not asking 
Judge Marra to "unseal" a state court record. 
Thus, the context of Judge Marra's two orders was a proceeding by 
two private citizens solely against the United States to get a federal judge to 
order the federal prosecutor to produce a document directly from the 
federal prosecutor's files, not to unseal state court records. The factors 
going into this extraordinary request—to order the federal prosecutor to turn 
over documents directly from the files of the prosecutor--are not at all 
relevant to the purely state law issues before this Court on whether a 
Reference to petitioner's Appendix is by: "(A-__)." 
5 Undersigned's firm represents both Jane Does, filed the papers giving rise 
to the orders and attended the hearings referenced therein. 
5 
EFTA00184024

document was improperly sealed by a state court and should be unsealed by 
that court. 
The issues before this Court must be resolved by interpreting and 
applying the state constitution, state open government policies, state rules of 
judicial administration and the administrative orders of the state circuit court 
below. They have nothing whatsoever to do with the federal government. 
In the August 21, 2008 order, Judge Marra granted the Jane Does' ore 
tenus motion seeking production of the NPA directly from the U.S. 
Attorney, but with restrictions. He ordered the U.S. Attorney to produce a 
copy of the NPA to Jane Does' attorneys under a nondisclosure restriction. 
Notably, the order makes no reference whatsoever to the state court order 
sealing the NPA in the state court record (even though the state court order 
(A-9) had already been entered on July 2, 2008) or to the fact that the NPA 
was already sealed in the state court file (at the plea colloquy on June 30, 
2008). That is because the dispute before Judge Marra solely involved two 
crime victims seeking a document directly from the files of the U.S. 
Attorney, not from the state court file, and had nothing to do with unsealing 
state court records. 
The second order entered on February 12, 2009 was on the Jane Does' 
written motion to remove any restrictions on disclosure so their attorneys 
6 
EFTA00184025

could discuss the NPA with third parties. Again, the context was two crime 
victims trying to publicly disclose a document directly from the files of the 
U.S. Attorney. Judge Marra denied the motion because the Jane Does had 
not shown that they should be able to publicly disclose a document they got 
directly from the U.S. Attorney's files. This issue, again, has nothing to do 
with whether the lower court should unseal the state court records. 
But in so ruling, Judge Marra indirectly acknowledged the state trial 
court's jurisdiction to unseal its own records. Judge Marra stated: "If a 
specific tangible need arises in a civil case petitioners or other alleged 
victims are pursuing against Epstein, relief should be sought in that case, 
with notice to the United States, the other party to the Agreement." (A-6, 
page 2.) 
Judge Marra's orders were entered after the NPA was sealed by the 
lower court; they can have nothing whatsoever to do with whether the NPA 
was properly sealed. 
Neither federal order, by their express terms, precludes the lower 
court from unsealing its own court records. Judge Marra did not enjoin and 
does not have jurisdiction to enjoin the lower court from unsealing its own 
records. Younger'. Harris, 401 U.S. 37 (1971). As Judge Marra noted, 
"the [NPA] was not filed in this case [the federal proceeding], under seal or 
7 
EFTA00184026

otherwise." (A-6, page 1.) The copy of the NPA in the file of the lower 
court is a state court record, not a federal court record. Playing Judge Marra 
off on the lower court is a red herring. 
CONCLUSION 
For the foregoing reasons, the petition should be denied and the stay 
on disclosure vacated. 
I HEREBY CERTIFY that a copy of the foregoing has been served by 
mail on the parties listed below this 
ay of July, 2009. 
I HEREBY CERTIFY that the foregoing is submitted in Times New 
Roman 14-point font and complies with the font requirement of Rule 9.100. 
ROTHSTEIN ROSENFELDT ADLER 
Attorneys for 
401 East Las Olas Blvd., Suite 1650 
Fort Lauderdale, Florida 33301 
Telephon- ( 4) 522-3456 
Telecop 
7-8663 
By: 
W' lam J. Berger 
Florida Bar No. 
8 
EFTA00184027

SERVICE LIST 
Kreusler-Walsh, Compiani & Vargas, P.A. 
501 South Flagler Drive, Suite 503 
West Palm Beach, Fl 33401-5913 
Deanna K. Shullman 
400 North 
Drive, Suite 1100 
P.O. Box 2602 
Tampa, Fl 33602 
Spencer T. Kuvin 
Leopold- Kuvin, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Robert D. Critton of 
Burman, Critton, Luttier & Coleman 
515 North Flagler Drive, Suite 400 
West Palm Beach, Fl 33401 
Jack A. Goldberger of 
Atterbury, Goldberger, & Weiss, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, Fl 33401 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, Fl 33401 
State Attorney's Office- West Palm Beach 
401 North Dixie Highway 
West Palm Beach, Fl 33401 
EFTA00184028

Honorable Jeffrey Colbath 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 11F 
West Palm Beach. Fl 33401 
10 
EFTA00184029

Counsel for Petitioner 
IN THE DISTRICT COURT OF 
APPEAL OF THE STATE OF 
FLORIDA, FOURTH DISTRICT 
CASE NO: 4D09-2554 
L.T. No. 2008 CF 9381 
JEFFREY EPSTEIN, 
Petitioner, 
STATE OF FLORIDA, 
et. al, 
Respondents. 
APPENDIX TO 
RESPONSE TO PETITION FOR WRIT OF CERTIORARI 
ROBERT D. CRITTON 
BURMAN, CRITTON, LUTTIER & COLEMAN 
515 North Flagler Drive, Suite 400 
FL 33401 
and 
JACK A. GOLDBERGER 
ATTERBURY, GOLDBERGER & WEISS, P.A. 
250 Australian Avenue South, Suite 1400 
West Pala Beach, FL 33401 
IM
ad
IIIMMEI 
and 
BARBARA J. COMPIANI of 
KREUSLER-WALSH, COMPIANI & VARGAS, P.A. 
501 South Flagler Drive, Suite 503 
Pal 
ch, FL 33401-5913 
EFTA00184030

Document 
Tab 
Proceedings in Southern District Court 
Transcript of Epstein's Motion to Stay Civil Proceedings (6/12/09) 
EFTA00184031

CERTIFICATE OF SERVICE 
I HEREBY CERTIFY that a copy of the foregoing Appendix has been 
served by mail on the parties listed below this  ',day of July, 2009. 
ROTHSTEIN ROSENFELDT ADLER 
Attorneys for
401 East Las Olas Blvd., Suite 1650 
Fort Lauderdale, Florida 33301 
Telephone 
4) 522-3456 
Telecopier 
4 527-8663 
By: 
Willi 
Florida 
SERVICE LIST 
and 
Barbara J. Compiani or 
Kreusler-Walsh, Compiani & Vargas, P.A. 
501 South Flagler Drive, Suite 503 
West Palm Beach, Fl 33401-5913 
Deanna K. 
it
400 North WIE Drive, Suite 1100 
P.O. Box 2602 (33601) 
Tampa, Fl 33602 
Spencer T. Kuvin 
Leopold- Kuvin, P.A. 
2925 PGA Boulevard, Suite 200 
Palm Beach Gardens, FL 33410 
Robert D. Critton of 
Burman, Critton, Luttier & Coleman 
515 North Flagler Drive, Suite 400 
West Palm Beach, F133401 
EFTA00184032

Jack A. Goldberger of 
Atterbury, Goldberger, & Weiss, P.A. 
250 Australian Avenue South, Suite 1400 
West Palm Beach, Fl 33401 
U.S. Attorney's Office-Southern District 
500 South Australian Avenue, Suite 400 
West Palm Beach, Fl 33401 
State Attorney's Office- West Palm Beach 
401 North Dixie Highway 
West Palm Beach, Fl 33401 
Honorable Jeffrey Colbath 
Palm Beach County Courthouse 
205 North Dixie Highway 
Room 11F 
West Palm Beach. Fl 33401 
EFTA00184033

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UNITED STATES DISTRICT COURT 
SOUTHERN DISTRICT OF FLORIDA 
WEST PALM BEACH DIVISION 
CASE NO. 08-80119-CIV-MARRA 
JANE DOE, et al., 
"NC-AIVNED 
I 
WEST PALM BEACH, FLORIDA 
Plaintiffs, 
I 
JUNE 12, 2009 
vs. 
JEFFREY EPSTEIN, 
Defendant. 
APPEARANCES: 
x 
TRANSCRIPT OF MOTION HEARING 
BEFORE THE HONORABLE KENNETH A. MARRA, 
UNITED STATES DISTRICT JUDGE 
FOR THE PLAINTIFFS: 
ADAM D. HOROWITZ, ESQ. 
Mermelstein & Horowitz 
18205 Biscayne Boulevard 
Miami, FL 33160 
For Jane Doe 
BRADLEY J. EDWARDS, ESQ. 
Rothstein Rosenfeldt Adler 
401 East Las Olas Boulevard 
Fort Lauderdale, FL 33301 
Jane Doe 3, 4, 5, 6, 7 
ISIDRO M. GARCIA, ESQ. 
Garcia Elkins Boehringer 
224 Datura Avenue 
West Palm Beach, FL 33401 
Jane DOE II 
RICHARD H. WILLITS, ESQ. 
2290 10th Avenue North 
Lake Worth, FL 33461 
For 
TOTAL ACCESS COURTROOM NETWORK REALTIME TRANSCRIPTION 
EFTA00184034