Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 1 of 50 Ne - yo 4 a ° 1 IN THE CIRCUIT COURT OF THE Sg Se FIFTEENTH JUDICIAL CIRCUIT= 000 r ay 2 IN AND FOR PALM BEACH COUNTY, FLORIDA CRIMINAL DIVISION 3 4 STATE OF FLORIDA | 5 ) ) vs ) CASE NO. 06 CF9454AMB 6. ) 08 9381CFAMB JEFFREY EPSTEIN ) ) ) ) Defendant. | 8 __ | 9 . | PLEA CONFERENCE ' 10 11 PRESIDING: HONORABLE DEBORAH DALE PUCILLO | 12 APPEARANCES: | a 13 ON BEHALF OF THE STATE: | if } BARRY E. KRISCHER, ESQUIRE wet 14 State Attorney 401 North Dixie Highway 15 West Palm Beach, Florida 33401 | By: LANNA BELOHLAVEK, ESQUIRE | 16 Assistant State Attorney | 17 ON BEHALF OF THE DEFENDANT: ‘ ATTERBURY, GOLDBERGER & WEISS,P.A. 18 250 Australian Avenue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, ESQUIRE . CERTIFIED COPY 21 22 23 | June 30, 2008 24 Palm Beach County Courthouse West Palm Beach, Florida 33401 ro 25 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00027591

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’ a a 4 1 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 2 of 50 2 BE IT REMEMBERED that the following o\ 2 3 4 10 11 12 13 15 16 17 18 19 20 21 22 23 24 f _ 25 proceedings were had in the above-entitled cause before the HONORABLE DEBORAH DALE PUCILLO, one of the judges of the aforesaid court, at the Palm Beach County Courthouse, located in the City of West- Palm Beach, State of Florida. on June 20, 2008 beginning at 8:40 o'clock, a.m. with appearances as hereinbefore noted, to wit: THEREUPON: MR. GOLDBERGER: Good morning, Judge, Jack Goldberger on behalf of Jeffrey Epstein. THE COURT: Good morning. MR. GOLDBERGER: Your Honor, we are here for a plea conference. THE COURT: Raise your right hand. THEREUPON: JEFFREY EPSTEIN, after being called as a witness by the Defense and after being first duly sworn by the Court, was examined and testified as follows: THE DEFENDANT: Yes, ma'am. THE COURT: Is this one case or two? Ms. BELOHLAVEK: Two. THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER rr EFTA00027592

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on a ee { ) Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 3 of 50 1 2 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 affidavit in both cases, please? “MS. BELOHLAVEK: There are no PC affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all testimony presented to the grand jury. THE COURT: Let me see the Indictment \ then? I have one Indictment, one Information? MS. BELOHLAVEK: Correct. THE COURT: So one case is charged by Indictment, one is charged by Information? MS. BELOHLAVEK: Correct. THE courT: In case 2006036744 you. are charged with procuring a person under 18 for prostitution, a second degree felony, maximum penalty of fifteen years Department of Corrections; minimum, some period of probation. No mandatory minimum apply, is that correct, State? MS. BELOHLAVEK: Correct. THE COURT: And in case number 06 9454CF, you are charged with felony solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027593

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 4 of 50 4 a 1 4 1 degree felony, punishable by a maximum a ~~""“penaity of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. | 6 .. THE COURT: The defendant has no | a | 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. | 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. . 13 THE COURT: And the guideline score | a, 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest | 16 permissible prison sentence in months. 17 Both sides agree to the preparation of the 18 guideline score sheet? 19 MR. GOLDBERGER: We so agree, Your 20 Honor. | 21 MS. BELOHLAVEK: Yes. | 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, much of 25 the documentation is acknowledgement by my ae re ee + a - Se | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027594

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7 4 Case 9:08-cv-80736-KAM a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . for one day served. And the six month PHYLLIS A. DAMES, OFFICIAL COURT REPORTER i Document 463-3 Entered on FLSD Docket 07/08/2019 Page 5 of 50 5 client to community control, sex offender status. THE COURT: I understand. Okay. What is proposed -- those are the maximums and minimums, Mr. Epstein. What is proposed is that you will be Pleading guilty to felony solicitation to prostitution and procuring a person under 18 for prosecution. A PSI would be waived, you would be adjudicated guilty of both felonies, is that correct? MS. BELOHLAVEK: Correct. THE COURT: And on 06 9454, the defendant to be sentenced to 12-months in the Palm Beach County -- detention facility? He's going to do time in the | jail? MS. BELOHLAVEK: Yes. THE COURT: With credit for one day served. And on 08 9381, he is to be sentenced to six months in the Palm Beach County jail detention facility, with credit sentence is to be served consecutive to the 12 month sentence? EFTA00027595

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 6 of 50 6 e . 1 2 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER MS. BELOHLAVEK: Correct.. 2 “THE COURT: Following the six months ~~ sentence, the defendant will be placed on 12-months of community control one. The conditions of the community control are attached hereto and incorporated herein. As a special condition of community control, he's to have no unsupervised contact with minors and the supervising adult must be approved -- and I would say, pre-approved, approved ahead..of time, not after the fact by the Department of Corrections. And you would mean by that his community control officer? MS. BELOHLAVEK: Correct. THE COURT: The defendant is designated as a sexual offender pursuant to Florida Statute 943.0435.and must abide by all the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The defendant must provide a DNA sample in court at the time of this plea. Is this the -- and the attachments are the terms and conditions of community control. There are some . | EFTA00027596

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 7 of 50 « 10 11 12 13 15 16 17 18 19 20 21 22 23 24 ' 25 squiggles on the bottom of the page, what would those squiggles be? MR. GOLDBERGER: Thank you, Your Honor, those are my client's signature acknowledging that we have gone over all the conditions. THE COURT: One page after the plea 7 sheet that really spells out the terms and conditions of community control, Florida Statute 948.101, Mr. Epstein, is that squiggle at the bottom your squiggle? THE DEFENDANT: Yes, ma'am. THE. initials? THE THE page? THE THE THE THE school? THE COURT: Would those be your DEFENDANT: Yes, ma'am. COURT: Did you read all of that DEFENDANT: Yes, ma'am. COURT: Can you read? DEFENDANT: Yes, ma'am. COURT: How far did you go in DEFENDANT: High school. THE COURT: That's your highest degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027597

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 8 of 50 8 10 11 12 13 14 15 16 17 18 19 20 21 22 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER THE DEFENDANT: Yes. “THE COURT: And is this your. © signature on the plea sheet that recites the terms of the plea I just read? THE DEFENDANT: Yes, ma'am. THE. COURT: Did you read that document as well? THE DEFENDANT: Yes, ma'am. THE COURT: You understand once you do your 12 months followed by your six months all in the Palm Beach County jail you will then be put on community control which involves having an electronic monitor attached to you arid -- MR. GOLDBERGER: Actually Your Honor, the agreement of the parties is to, it's | community control one which is not monitor. THE COURT: Oh, community control one, is that spelled out in here? MS. BELOHLAVEK: Yes. MR. GOLDBERGER: Yes, it is, Your Honor. MS. BELOHLAVEK: He does not fall under the Jessica Lunsford Act which EFTA00027598

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 9 of 50 ° . 9 : 1 THE COURT: Community control two. v\ 2 "WS BELOHLAVEK: Correct. —_ 3 THE COURT: Community control one -- 4 that would be no electronic monitor? 5 - ‘MR. GOLDBERGER: That is correct. 6 THE COURT: -Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. ) 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require | 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to Jo. 25 oe _ specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027599

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Case 9:08-cv-80736-KAM Document 463-3 - on FLSD Docket 07/08/2019 —— of ° * . 1 probation officer, specified by who? 7) 2 —————=“PROBATION OFFICER? Specified by you, 3 Your Honor. 4 THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the 6 ‘ questions. No one has specified how often, 7 how frequently he is to have contact with 8 his parole and probation officer. ~ Confinement to an agreed upon residence 10 during the hours away _— employment and & & public service activity, has that been 12 articulated? as 13 MS. BELOHLAVEK: I believe LJ 14 Judge McSorley has a standard order 15 sommwnere on the bench up there regarding 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is 18. the probation sheet she hands out to folks. pi THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking. 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? ee PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027600

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‘Case 9:08-cv-80736-KAM Document 463-3 Emvered on FLSD Docket 07/08/2019 Page 11 of 11 1 MS. BELOHLAVEK: I didn't realize 7,\ 2" oe “until Ms. Lenhardt just told me that Judge 3 McSorley has that. 4 MR. GOLDBERGER: We'd be happy to 5 execute that document, Your Honor. We were 6 - --- we-overreacted by just having him sign - 7 off on all conditions of community control. 8 | ‘THE COURT: Well, this is -- 9 MR. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reason 12 Judge McSorley does this which makes | 13 ; ultimate sense is we're going to be here } 14 ; half the morning if we're going to decide 15 among ourselves now what the -- 16 MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecified. 19 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes. 22 THE COURT: All right. 23 | These are the standard conditions | 24 that Judge McSorley normally uses. If you { 3 25 like them, you need to circle the ones that ? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027601

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Case 9:08-cv-80736-KAM Document 463-3 Envered on FLSD Docket 07/08/2019 Page 12 of > 1 i hi tc j 2 3 4 10 La 12 13 14 15 16 17 18 19 20 21 22 23 24 apply and everyone must initial them. We will go over it. if you wish to change -- ~ you understand there is quite a bit of latitude given the court in putting somebody on community control. agree to some change, let me know, If you but understand at the outset that I'm a big fan | of specificity. will be doing for employment. I want to know what he I want to know exactly where he is going to be living and I want it on the record now. change but it can only change with preapproval by Doc. It can I want it crystal clear. I don't want the community control officer who gets this case the day he walks out the Palm Beach County to have any doubt or confusion as to exactly what this defendant is supposed to do, where he is supposed to be when, exactly what I am requesting that officer to supervise. MS. THE MR. Thank you, PHYLLIS A. DAMES, BELOHLAVEK: Absolutely. COURT: Okay. GOLDBERGER: We will work on it. Your Honor. OFFICIAL COURT REPORTER EFTA00027602

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Case 9:08-cv-80736-KAM Document 463-3 + on on FLSD Docket 07/08/2019 —— of 1 (Brief recess.) MR, ~SGOLDBERGER: Your Honor, we are 3 back on Jeffrey Epstein, actually it a worked, we had an opportunity to go through 5 Judge McSorley's conditions of community 6 control and we asked the Department of 7 Corrections representative to assist us to 8 make sure we did everything properly. 9 They were very helpful and we executed the 10 document. a ts I MS. BELOHLAVEK: Yes, and Your Honor, | 12 this defendant doesn't fall under the sex 13 offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. | 19 5 THE COURT: The plea agreement stated | 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. rok MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make AS ARATE RSID REESE eae seenersetemenmeny eee eee ee PHYLLIS A. DAMES, OFFICIAL COURT REPORTER H EFTA00027603

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 14 of 50 14 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 sure both referring I and the defendant are clear. The sexual offender statute you aré ~~ to in the plea sheet is the one that requires registration? MS. MR. THE that. MR. THE BELOHLAVEK: Correct. GOLDBERGER : Correct. COURT: And we will talk about GOLDBERGER: Okay. COURT: But it is not the one that requires the special conditions of sex MS. THE you want me to disregard 948? He's read it?” MS. THE there. But these conditions we are going j to go over right now are going to be viewed in my mind, yes, and they have been signed by the defendant and we will go over that in a second as a part of the whole plea. MS. PHYLLIS A. DAMES, THE COURT: So circled are BELOHLAVEK: Correct’. offender probation? | } COURT: Now, rather than 948, do BELOELAVEK: He's read it. COURT: We will leave it in BELOHLAVEK: Correct. { OFFICIAL COURT REPORTER | | EFTA00027604

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Pagel of 50 1 conditions, A, you will remain confined to a 2 your residence except one half hour before . 3 and after your approved employment, 4 community service work or any other 5 activity approved by your probation 6 officer. 3 B, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10. supervising officer upon request. 11 My understanding about the daily 12 log, maybe I'm just confused from other : 13 cases I've heard, is the daily log is a WY 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027605

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 16 of 16 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PROBATION OFFICER: That is correct, Your Honor. THE COURT: As will his supervising probation officer. And. then to document that he's supposedly done all that he himself will be keeping a daily log? PROBATION OFFICER: That is correct, Your Honor. THE COURT: And the log form will be provided by the department and he will be turning that in every time he meets with the probation officer? PROBATION OFFICER: That is correct, Your Honor. THE COURT: Okay. So that applies and F-applies. Does E apply? No. MS. BELOHLAVEK: Did I circle E? THE COURT: No. F -- made one up, the defendant will be residing at 358 El Brillo Way, Palm Beach, Florida, 33480. He knows now that that's where he will be living when he is released after his 12 months and six months. MR. GOLDBERGER: That is correct, Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | | EFTA00027606

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 17 of , 50 17 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER THE COURT: That's a private residence? oe MR. GOLDBERGER: That is his home. THE COURT: Does he own the residence? MR. GOLDBERGER: He does, Your Honor. THE COURT: Is there any possibility that he no longer owns the residence? MR. GOLDBERGER: Not anticipated, Your Honor. THE COURT: Okay. Should he not be for whatever reason -- 18-months is a long time, should he not be owning that residence or able to reside there, he will have the obligation of notifying his probation officer prior, and I emphasize this, prior to his release from custody. I assume that the department will be notified prior to, to his release? PROBATION OFFICER: That is correct, Your Honor. THE COURT: And then you would need to send someone to meet with him before he walks out of the Palm Beach County jail and EFTA00027607

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 18 of 50 18 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information? “PROBATION OFFICER: That is correct. - THE COURT: All address -- I assume all of this. to and from work and any other approved activities restricts him to Palm Beach County, is that correct? PROBATION OFFICER: That is correct, Your Honor. THE COURT: So let's be clear, everything, from the day he walks out occurs in Palm Beach County, is that clear? MR. GOLDBERGER: We understand, -Your Honor. That's correct. THE COURT: Then the additional | condition of his probation, they are not sex offender standard conditions, they are just conditions that are being imposed | especially in this case? | MS. BELOHLAVEK: Correct. | THE COURT: They are as follows, you shall submit to a mandatory curfew from 10 p.m. to 6:00 a.m. regerdians of any other restrictions regarding work or approved activity, there will be no exceptions to i being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027608

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Case 9:08-cv-80736-KAM Document 463-3 — on FLSD Docket 07/08/2019 Pagell® of . 1 a.m., is that correct? A ee ee MS. BELOHLAVEK: Yes. oe _ 3 THE COURT: If the victim was under 4 age of 18 years which I gather is the case 5 because it's circled, you shall not live 6 within 1000 feet of a school, day care 7 center, park, playground or other place 8 where children regularly congregate. 9 Has someone verified that 358 El 10 Brillio is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. — 13 THE COURT: So 358 El Brillo will not LO 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, playground or other place -- 17 this is rather open. 18 MR. GOLDBERGER: Where children 19 gather. 20 THE COURT: Where children regularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 358 El 24 Brillo Way is a residential neighborhood, 25 are there areas there where children PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027609

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Case 9:08-cv-80736-KAM Document 463-3 Envered on FLSD Docket 07/08/2019 Page 20 of 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regularly congregate? "MS. ~BELOHLAVEK: I personally do not know. THE COURT: Neither do I, which is why I'm asking. Has that been investigated? MR. GOLDBERGER: We have done our due diligence, for what it's worth, there is a residential street. There are not children congregating on that street. We think the address applies, if it doesn't, we fully recognize that he can't live there. THE COURT: Okay. D is, you shall not have any contact with the victim, are there more than one victim? MS. BELOHLAVEK: There's several. THE COURT: Several, all of the i victims. So this should be plural. I'm making that plural. You are not to have any contact direct or indirect, and in this day and age I find it necessary to go over exactly what we mean by indirect. By indirect, we mean no text messages, no e-mail, no Face Book, no My Space, no telephone calls, no voice mails, no PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | EFTA00027610

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. Gase 9:08-cv-80736-KAM Document 463-3 eat on FLSD Docket 07/08/2019 Page,41 of . . . 1 —_ —2-—— eB Bag ES through third-parties; no-hey-——— 3 4 10 11 12 13 See 14 15 16 Lt 18 19 20 21 22 23 24 ) 25 messages through carrier pigeon, no would you tell so and so for me, no having a friend, acquaintance or stranger approach any of these victims with a message of any sort from you, is that clear? THE DEFENDANT: Yes, ma'am THE COURT: And then it states, unless approved by the victim, the therapist and the sentencing court. Okay. THE DEFENDANT: I understand. THE COURT: And the sentencing court. So, if there is a desire which, I would think would be a bit strange to have contact with any of the victims the court must approve it. MS. BELOHLAVEK: Correct. THE COURT: If the victim was under the age of 18, which was the case, you shall not until you have successfully attended and completed the sex offender program. So, is this sex offender program becoming a condition of probation? MS. BELOHLAVEK: That is not. Ir don't believe I circled that one. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTAQ0027611

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Case 9:08-cv-80736-KAM Document 463-3 ent on FLSD Docket 07/08/2019 Page,22 of 5 1 ; THE COURT: You did. MR GOLDBERGER? That S a& mistake on i 3 our part. Actually the statute that he is 4 Pleading guilty to does not require the -- 5 THE COURT: I understand that, but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that 8 one is not. He has already been in 2 treatment with a private psychiatrist. 10 THE COURT: Which you find to be an 11 adequate substitute for sex offender 12 program? r i MS. BELOHLAVEK: I -- it is not \) 14 —a based upon the evaluation and | | LS my: contact with that doctor, I don't | 16 believe it's necessary at this point. 17 THE COURT: Has that been -- I assume 18 you have a law degree and do not have a | 19 Ph.D in a psychology or MD in psychiatry? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. ( ; 25 THE COURT: -- that his treatment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027612

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"3 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page23 of 50 1 with some fancy private psychiatrist or nm BY ChoLrogtst—in—his—cease—_ts—okay? 3 4 10 11 12 3 14 15 16 ui 4 18 19 20 21 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER MS. BELOHLAVEK: That is correct. THE COURT: So you are not imposing E? MS. BELOHLAVEK: Correct. THE COURT: F, if the victim was under the age of 18, you shall not work or play or as a volunteer in any school, day care center, park, play ground or other place where children regularly congregate, is that understood? | THE DEFENDANT: Yes, ma'am. THE COURT: Children will be defined | as anyone under the age of 18. There are a lot of places where children regularly congregate. What kind of work do you do? THE DEFENDANT: Banking. THE COURT: Here in Palm Beach County? THE DEFENDANT: Virgin Islands, ma'am. THE COURT: You understand you will not travel from Palm Beach County for the duration of this? EFTA00027613

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page,24 of 50 1 THE DEFENDANT: Yes, ma'am. 3 sorry to interrupt, we do cover the ~ employment later in the agreement as to 5 what he is going to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circled, unless 9 otherwise indicated in the treatment plan 10 provided by sexual offender treatment 11 program. 12 MR. GOLDBERGER: That's not in there. . 13 THE COURT: Is that what you want? ww, 14 MS. BELOHLAVEK: No. 15 THE COURT: But you do want the, you 16 will not view, own or possess any obscene 17 pornographic -- 18 MS. BELOHLAVEK: Correct. 19 THE COURT: Okay. But are you saying | 20 that this therapist can okay him to own | 21 certain pornographic material? 22 MS. BELOHLAVEK: No, not at all. 23 MR. GOLDBERGER: No, Your Honor. 24 THE COURT: Would be really helpful ) 25 if people read these things before they PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00027614

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Case 9:08-cv-80736-KAM Document 463-3 nt on FLSD Docket 07/08/2019 Page.25 of . 1 signed them thoroughly. 3 treatment plan. I'm just going to strike 4 out, provided by the sexual offender L treatment program. Is that what you 6 intend, that his therapist can -- 7 MS. BELOHLAVEK: No. 8 THE COURT: No? 9 MS. BELOHLAVEK: No. 10 THE COURT: Unless otherwise fs indicated. . } 12 MR. GOLDBERGER: The parties have =m 13 agreed that during the period that he is -- oe, 14 cannot be i 15 _ THE COURT: Condition G will now 16 read, you shall not view, own,. possess any Li? obscene, pornographic or sexually 18 stimulating visual or auditory material | 19 including telephonic, electronic media, 20 computer program or computer services that 21 are relevant to your deviant behavior 22 pattern. And who is going to enforce that? 23 MS. BELOHLAVEK: The community j 24 ‘control officer. OD . 25 a | —_ COURT: How? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | | EFTA00027615

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Case 9:08-cv-80736-KAM Document 463-3 eee on FLSD Docket 07/08/2019. Page.26 of . . 5 2. MS. BELOHLAVEK: They have the a ar) ~ Obligation and included in ere for 3 warrantless search to check at any time his a home, his computer, anything he has contact 5 with. 6. THE COURT: And do they regularly do 7 that? 8 PROBATION OFFICER: Yes, ma'am. 9 THE COURT: Since oe tere the 10 pleasure of having someone from the ac Department of Corrections here. 12 Okay. H, you shall submit two _ 13 specimens of blood to the Florida S 14 Department of Law Enforcement to be 15 registered in the DNA data bank. | 16 J, you shall submit toa | 17 warrantless search by your probation 18 ' officer or community control officer of 19 your person, residence or vehicle. 20 G -- where is the G? 21 MS. BELOHLAVEK: That was under the 22 original part, not under the sex offender | 23 one. | 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPORTER , } EFTA00027616

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Pageo27 of 50 ‘ r . 1 at a minimum one time a week. Sl Dee feendant_to-work—at-Florida—_————_____. 3 Science Foundation, 250 Australian Avenue, 4 West Palm Beach, Florida. Is that 5 volunteer work or work for pay? 6 MR. GOLDBERGER: It is a 501C 7 corporation that he has formed, Your Honor, 8 that will be doing charitable work. 9 THE COURT: That he has formed? 10 .MR. GOLDBERGER: Yes. 11 THE COURT: What exactly is Florida 12 Science Foundation? 13 MR. GOLDBERGER: Do you want to O) 14 explain? 15 THE DEFENDANT: It funds science 16 programs around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many programs has it 21 funded? | 22 THE DEFENDANT: Numerous, more than 23 50. | 24 THE COURT: What is your position F 25 with the organization? . | LJ ——— : . a rere renee eae . - on ee ete one em ee = wn sm ore owed PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027617

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— _ Case 9:08-cv-80736-KAM Document 463-3 _ on FLSD Docket 07/08/2019 Page 28 of o 1 THE DEFENDANT: President. rn —— PB COURT — FE S—there—a—board—o£——————___-_ 3. 4 10 11 12 13 14 15 16 aT 18 19 20 21 22 23 24 25 directors? THE DEFENDANT: Yes, ma'am. THE COURT: Who's on the board of directors? THE DEFENDANT: Two attorneys. THE COURT: What exactly do you do? THE DEFENDANT: I'm an investment banker but my -- THE COURT: No, no, I mean with the science foundation. THE DEFENDANT: We fund science programs -- THE COURT: I don't want to know what we do, I want to know what you do. How oreen are you there? THE DEFENDANT: I'm there every day, I research, I take in people who want to make presentations about why they need money for funding medical research, advanced science research. My background is in physics. I go through all the programs in detail, review the science work potentials, I follow through on a daily PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | i EFTA00027618

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Gase 9:08-cv-80736-KAM _ Document 463-3 —— on FLSD Docket 07/08/2019 Page, ¢9 of . 1 basis with what they have been given money i na es 3 THE COURT: Who are some recent 4 grantees? 5 THE DEFENDANT: Harvard University. 6 There isa full program of Evolutionary 7 Dynamics, Neuro Science Institute of 8 California, the Physics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyone under the age of 2 Es eighteen? 12 THE DEFENDANT: Not very often. It | et 13 is, if someone is in college -- sorry. wy, 14 THE COURT: Right, that's why I'm 15 asking ie question. 16 THE DEFENDANT: Most of the people I 17 fund are all usually professors. 18 THE COURT: Thank you. You 19 understand that you can't have contact with 20 anyone if -- this organization, do they 21 ever have any involvement with high 22 schools? ; | 23 THE DEFENDANT: No, ma'am. 24 - THE COURT: Students or teachers? ¢ , 25 THE DEFENDANT: No, ma'am. pS a er sciatic acai PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027619

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 30 of 50 p 8 THE COURT: Okay. yo BELOFDA VERT THO BES 3 duplicates, you will see those are the same 4 as the ones on the previous page, however, 5 it was reproduced. 6 : THE COURT: The next condition, you 7 shall maintain a driving log. You shall 8 not drive a motor vehicle while alone 9 without prior approval of your supervising 10 “officer. pRB If there was sexual contact, you 12 shall submit to at probationer's or _ 13 community controllee's expense an HIV test \) 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural. Has that been done? 17 MR. GOLDBERGER: Not yet. 18 THE COURT: Do we have a time frame | 19 on that? I would think ASAP might be good 20 on something like that. 21 MS. BELOHLAVEK: I believe they can | 22 actually do that. at the jail. | 23 THE COURT: At his expense? 24 MS. BELOHLAVEK: Yes. aed 25 ; THE COURT: I would request that that i nn --- - : toe woe ene eee . - —- ++ - vo teen 2 ne ene PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027620

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page,31 of : 50 : 1 be done within 48 hours? Tyr You shall not obtain or usé a post ~~~ 3 office box without prior approval of the 4 supervising officer. 5 Okay. Are all those conditions 6 you two have agreed to? i MS. BELOHLAVEK: Yes, Your Honor. 8 MR. GOLDBERGER: With the court's 9 amendments, yes. 10 THE COURT: Mr. Epstein, do you 11 understand? 12 THE DEFENDANT: Yes, ma'am. i 13 THE COURT: I need the defendant to VW 14 sign number D where I had an s added to 15 victim, and G, we struck out the otherwise 16 indicated language. Otherwise, it is as | 17 you agreed. 18 Mr. Epstein, do you understand | 19 this is a somewhat complicated terms of the | 20 plea that you've agreed to? | 21 THE DEFENDANT: Yes, ma'am | 22 THE COURT: Do you have any questions 23 about the terms of the plea? 24 THE DEFENDANT: No. f THE | ed 25 PHYLLIS A. DAMES, COURT: Can I ask the State why | OFFICIAL COURT REPORTER | EFTA00027621

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page, 32 of 50 1 you choose -- or defense and the State —S\2 together, why twelve months in the Palm ~~~ 3 Beach County jail followed by six months? S Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. . bE THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to | 13 house this guy instead of DOC? | 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and | 23 penalty, have you read all those, 24 Mr. Epstein? | 25 THE DEFENDANT: Yes, ma'am. Mg sire = eee erm fesse a = — papper a er | | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027622

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page, 33 of 50 1 THE COURT: Do you understand you 7 \ ya ———~ Will be required to register and this will ~~~ 3 be an ongoing life long obligation? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this registration 6 occurs when? 7 MS. BELOHLAVEK: Within 48-hours of 8 release. 9 . THE COURT: So when he gets out of 10 the Palm Beach County jail, he needs to | 11 register? Okay. And the department -- who 12- is going to provide him with the form? | _ 13 MR. GOLDBERGER: He actually f \ LY 14 registers out at the Sheriff's Office, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my attention that FDLE is the | 18 one who is statutorily required to handle 19 these registrations but some of our | 20 municipal jurisdictions have taken it upon 21 themselves to impose additional 22 requirements, y'all understand that? | 23 MS. BELOHLAVEK: Correct. | 24 MR. GOLDBERGER: Right. { ) 25 THE COURT: What you are telling him a _ - ae ora ares ee ae een a - —s _ eres | PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | ! EFTA00027623

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Case 9:08-cv-80736-KAM Document 463-3 _ on FLSD Docket 07/08/2019 rage 7* of 5 10 i 12 13 14 a5 16 17 18 L9 20 21 22 23 24 25 he has to do is the official State of MS. BELOHLAVEK: Correct. THE COURT: Mr. Epstein, I need to make sure you understand that that's what's required by this plea. Anyone on probation, community control is required to live and abide by the laws. So ifa jurisdiction you choose to reside in should have some additional municipal requirements you will be required in order to comply with the law of living there, just like you can't get a parking ticket or speeding ticket, to comply with those regulations but I want to make sure you understand because I have seen some defendants who have been confused about this. If you don't, for example, if the Town of Palm Beach has you register that does not take care of your requirement. Your requirement to register with FDLE through the Sheriff's office is separate, distinct and must be done on their form according to their schedule. THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | | | | ' EFTA00027624

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 50 07/08/2019 Page, 35 of 1 THE COURT: And if my experience the T \ 2 last few months is of any valué, they are — 3 very serious about enforcing this. They 4 will be tracking you for the rest of your 5 life. Do not move. Do not go -- I don't 6 care when you are done with community - 7 control, they need to know exactly where 8 you are and if you go anywhere without 9 registering, they will find and you will be 10 locked up. 11 THE DEFENDANT: Yes, ma'am. 12 THE COURT: Okay. Any questions a 13 about that? | we, 14 THE DEFENDANT: No, ma'am. | 15 THE COURT: Did you read the plea in 16 the circuit court form that describes all | wu? the rights you are giving up by entering , | 18 : this plea? 19 THE DEFENDANT: Yes, ma'am. 20 THE COURT: I’ think I asked you at before, can you read? | 22 THE DEFENDANT: Yes. 23 THE COURT: Are you under the | 24 influence of alcohol, drugs.or medication | C) a ae _ today? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER { EFTA00027625

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page.36 of 50 a THE DEFENDANT: No, ma'am. THE COURT NOMA L IY taking any ————————— 3 prescribed medication? 4 THE DEFENDANT: Only for cholesterol. 5 THE COURT: Does that interfere with 6 your mental ability? | 7 THE DEFENDANT: No. 8 THE COURT: Do you understand you 9 have an attorney, you have a right to trial 10 by jury, there is not going to be a jury aL trial. There won't be witnesses called. 12 That your attorney and you would have a — 13 right to confront and cross examine, do you | i, 14 understand you have a right to call | 15 witnesses of your own and the court would i 16 issue subpoenas to compel their attendance nb just like any other witness called by the | 18 State, that you have the right. -- absolute 19 right to remain silent and that you would 20 not have to say or do anything at the trial 21 if there were a trial, do you understand 22 those rights? 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: Do you understand if you 25 are not a United States citizen your plea PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00027626

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Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page,37 of 50 4 1 could subject you to deportation pursuant 7 \ 2” to the laws and regulations governing the ~~~ 3 United States Immigration and 4 Naturalization Service and this court has 5 no jurisdiction or authority in such 6 _Matters, do you understand that? 7 THE DEFENDANT: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promised you anything 10 other than the terms of this plea to get 11 you to enter this plea? 12 THE DEFENDANT: No. _ 13 THE COURT: Do you understand this is ) 14 a plea in criminal court? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: This has -- in criminal 17 court in Palm Beach County, State of 18 Florida. I have absolutely nothing to do 19 with any civil matters or matters in any 20 other jurisdiction, do you understand that? | 21 THE DEFENDANT: Yes, ma'am. 22 THE COURT: Is this plea in any way | 23 tied to any promises or representations by 24 any civil attorneys or other jurisdictions? C) 25 ; MR. GOLDBERGER: May we come sidebar PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027627

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4 4 s Case 9:08-cv-80736-KAM Document 463-3 or on FLSD Docket 07/08/2019 Page,38 of ts . 1 on that, Your Honor? lp EL a 3 4 10 a2. 12 13 14 15 16 £7 18 1g 20 21 22 23 24 25 recorded. MR. GOLDBERGER: That's fine. THE COURT: Defendant needs to approach as well. (Whereupon, the bench.) MR. GOLDBERGER: asked to come sidebar, there is a nonprosecution agreement with the United States Attorney's office that triggers-as a result of this plea agreement. The reason why I In other there was a conference at words, they have signed off and said they will not prosecute Mr. Southern District of Florida for any offense upon his successful taking of this plea today. Epstein in the That is a confidential document that the parties have agreed to. Just in an abundance of caution, to tell the court. THE COURT: I understand, that would I wanted also be invalidated should he violate his community control? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER MR. GOLDBERGER: Absolutely. That | EFTA00027628

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_ | Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page.39 of 50 4 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER i nonprosecution agreement -- {oy 2 MS. BELOHLAVEK: They spell all that “~~ ~~ 3 out. 4 THE COURT: Mr. Epstein needs to come 5 closer. 6 Mr. Epstein, your attorney has 7 told me that in addition to everything, we 8 talked about another Inducement, shall we 9 say, to your taking this plea is that the 10 U.S. Attorney for the Southern District of 11 the State of Florida, federal prosecutor, 12 has agreed to a nonprosecution agreement , 13 with you, meaning that if you successfully ~ ) a, 14 complete probation and do everything you're 15 supposed to, they have, have agreed not to 16 prosecute you federally, did you understand 17 that? | 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significant inducement in accepting this 21 plea. | 22 MS. BELOHLAVEK: They are actually in 23 court here today, also. : | 24 THE COURT: Okay. MR. GOLDBERGER: And the plea | EFTA00027629

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4 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page,40 of 50 10 ne 12 LZ 14 15 16 17 18 a3 20 21 22 23 24 25 agreement very carefully spelled out if ————there was~a_ breach that _woutd-viotate-this-———-—-— agreement, so we are well aware of it. THE COURT: Okay. I would request that a sealed copy of that -- Mr. Epstein has signed that document? MR. GOLDBERGER: Yes, I would. like to seal the copy. THE COURT: I want a sealed copy of that filed in this case. That is the only other condition of the agreement that is influencing this defendant to make this decision? MR. GOLDBERGER: Absolutely. I think that's the right idea. (Return to open court.) THE COURT: Mr. Epstein, is there anything else? THE DEFENDANT: No, ma'am. THE COURT: Because I don't take these pleas unless they are freely and voluntarily made. THE DEFENDANT: I understand that. THE COURT: I also don't want somebody or anybody coming back a year, PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027630

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‘ . Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 4 of 50 1 two years from now saying, oh no, no, they ne BRE ME OVER CHE NEMA OF LE CHEE fe j 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 anything else that is influencing you to make this decision, then I need to know about it. THE DEFENDANT: I understand that. MR. GOLDBERGER: Thank you. THE DEFENDANT: Thank you very. much, Your Honor. (Return to open court.) THE COURT: All right, Mr. Epstein, any questions about the rights you are giving up by entering this plea? THE DEFENDANT: No ma'am. THE COURT: State, please give me a factual basis. MS. BELOHLAVEK: In 069454 CF AMB, between August 1, 2004 and October 31, 2005, the defendant in Palm Beach County did solicit or procure someone to commit prosecution on three or more occasions. And in 08 CF 9381 CF AMB between August 1, 2004 and October 9, 2005, the defendant did procure a minor under the age of 18 to commit prostitution in Palm Beach PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027631

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‘ . Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 42 of 50 =y aig ts: Ty s 3 4 10 11 12 13 14 15 16 ay 18 19 20 21 22 23 24 25 County also. factual basis to support the pleas. Are all of the victims in both of these cases in agreement with the terms of this plea? MS. BELOHLAVEK: I have spoken to several myself and I have spoken to counsel, through counsel as to the other victim, and I believe, yes. THE COURT: And with regard to the victims under age eighteen, is that victim's parents or guardian in agreement with the plea? MS. BELOHLAVEK: That victim is not under age 18 any more and that's why we spoke with her counsel. THE COURT: And she is in agreement with the plea? MS. BELOHLAVEK: ‘Yes. THE COURT: And community control “THE COURT? I find a sufficient — will be given information concerning how to contact these victims? MS. BELOHLAVEK: Yes. THE COURT: Confidentially. That eee son apeemenit mmm o~ne — a — ej PHYLLIS A. DAMES, OFFICIAL COURT REPORTER | EFTA00027632

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4 ry -_ } a aetendant but will be used exclusively for Case 9:08-cv-80736-KAM Document 463-3 ayret on FLSD Docket 07/08/2019 Page 43 of 1 3 4 10 11 12 13 14 15 16 7 18 19 20 21 22 23 24 25 information will not be related to the purposes of verifying compliance with this agreement? MS. BELOHLAVEK: Yes. THE COURT: Is there anything else from anybody else before I accept this plea? MR. GOLDBERGER: No, Your Honor. THE COURT: Mr. Goldberger, if it is your desire, you may enter your client's plea. MR. GOLDBERGER: Thank you, Your Honor, at this time we would withdraw our previously entered pleas of not guilty, enter pleas of guilty pursuant to negotiations with the State. THE COURT: Mr. Epstein, I am going to accept those pleas on your behalf. I find you are intelligent, alert, you understand what is going on here and the consequence of entering this plea, you are doing it freely and voluntarily. Pursuant to the plea, I am waiving a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027633

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. Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page 44 of 50 o . ® 1 pursuant to it. I will adjudicate you oO GULIEY Of felony solicitation of ———————- 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 prostitution, a third degree felony, case number 06 CF 00945A -- 454 AMB, and procuring a person under 18 for : prostitution, a second degree felony 08 CF 009381AMB. With respect to the solicitation of prosecution, I will sentence you to twelve months in the Palm Beach County detention facility with credit for the one day served. With respect to 08 CF 009381, I will sentence you to six months in the Palm Beach County detention facility, with credit for the one day served. That six month sentence is to be served consecutive to the twelve month sentence. Following the six month sentence you will be placed on 12 months of community control. That will be on both cases, I assume, to run concurrently, correct? MS. BELOHLAVEK: Only on the 08 case THE COURT: Only on the second degree ‘' PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027634

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4 Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page, 45 of 50 > ts 1 felony? 7 \ a MS. BELOHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which would then 7 invoke a potential penalty of fifteen years 8 were you to violate. 9 , The special conditions are that 10 you are to have no unsupervised contact pA with minors and the supervising adult must 12 be approved by the Department of jm 13 Corrections. You are to be designated a ) 14 sexual offender pursuant to Florida Statute 15 943.0435 and you must abide by all | 16 requirements of that statute which I have 17 , read and we have discussed. 18 : You will remain confined to your 19 residence except one half hour before and 20 after your approved employment, community 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to (> 25 the supervising officer upon request. eer ‘ - esses me eitetipene Ate ee tee ewer e esse ane oars ; PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027635

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Case 9:08-cv-80736-KAM Document 463-3 we on FLSD Docket 07/08/2019 Page,46 of a s teow . 1 You will be residing at 358 El aw pence BY ETT Way, Pain Beach, _Frorida 33480 3 ; Should you desire to move or go toa 4 different location upon release from 5 custody, you will get preapproval of that 6 : location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 e a week, it can be more often at es 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beach, mae 13 Florida. You will submit to a mandatory ©, 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, sieyauauea or other place where 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a third person 21 unless approved by victim's therapist and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center Cj 25 park, play ground, other place where : _ = a. BS een a oe PHYLLIS A. DAMES, OFFICIAL COURT REPORTER ; \ EFTA00027636

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.Case 9:08-cv-80736-KAM Document 463-3 aad on FLSD Docket 07/08/2019 Page,47 of omy & 1 children may congregate. You shall not Ty vite Wy Own Or possess any obscene 3 pornographic or sexually stimulating or 4 visual, auditory material including 5 telephone, electronic media, computer 6 ; programs, computer services that are 7 relevant to deviant behavior. 8 You shall submit two specimens of 9 blood to Florida Department of Law 10 Enforcement to be registered with the DNA 11 data bank. You shall submit toa 12 warrantless search by the probation officer : 13 or community control officer of your © 14 person, residence or vehicle. 15 You shall maintain a driving log. 16 You shall not drive a motor vehicle while 17 alone without prior approval of the 18 - supervising officer. | 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victims or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post C PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027637

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, Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Page,48 of ” 50 s s FN kw ° a4 office box without the prior approval of OEE SOPOT V ES ENG OE EEC 3 MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. vg THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm-sorry, I didn't. 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless i 11 search ay the community control officer of | 12 the person, residence or vehicle -- | ui 13 understand the person, residence or vehicle | OC 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate | Lf electronically these days, okay. Good | 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he 2 ae rs BC PHYLLIS A. DAMES, OFFICIAL COURT REPORTER j EFTA00027638

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1 , »Case 9:08-cv-80736-KAM Document 463-3 Entered on FLSD Docket 07/08/2019 Pages49 of , 50 paying it? _- 2 __________MR..__GOLDBERGER.:__-Actually there isa. 3 4 10 11 12 13 14 15 16 17 18 19 20 21 22 23 cash bond posted, court cost can be deducted from the cash bond. THE COURT: $574 is the total? MS. BELOHLAVEK: Correct. THE COURT: Is that to cover both cases? MR. GOLDBERGER: Yes. THE COURT: Thank you. MR. GOLDBERGER: Thank you, Your Honor. : (Whereupon, at 9:48 o'clock a.m. the proceedings before the Court, concluded.) PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027639

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' £ Case 9:08-cv-80736-KAM Document 463-3 = on FLSD Docket 07/08/2019 Page 50,0f vee 1 2 10 a. 12 a 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE THE STATE OF FLORIDA, COUNTY OF PALM BEACH. I, PHYLLIS A. DAMES, 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 through 49,— | 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 19th day of | July, 2008. PHYLDIS A. DAMES | } PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00027640