Epstein Secrets

ds. THE COURT: Okay,. Thank you,- Ma'am.- Ms. Boyagian, back to you. MS. BOYAGIAN: Your Honor, I'd like to note that in the Butterworth case in which the Supreme Court limited the application 905.27 by saying that a, witness can reveal her Own testimony and prohibiting that they violate the First Amendment -- THE CO

a, witness can reveal her Own testimony and prohibiting that they violate the First Amendment -- THE COURT: Say that again, please. MS. BOYAGIAN; In the Supreme Court Case, the Butterworth case', in which the Supreme Court ruled that 905.27 can't restrict a Grand Jury witness from revealing her own testimony, that would

f law and as a measure of respect that we have for the victims' difficult decisions to come forward in this matter. In a case called United States v. Heaton, H-e-a-t-o-n-, the government filed a Rule 48 motion for leave to dismiss a charge against a defendant who allegedly committed a sexual offense again

Rule 48. I completely share that viewpoint in these circumstances, even though the facts of our case, as I said, are somewhat different from those in Heaton. I believe it is SOUTHERN DISTRICT REPORTERS, P.O. (212) 805-0300 i i CA/Aronberg-000926 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK. 3/28/20

t has made it abundantly plain that, whatever the outcome of this litigation, the agreement it made with Mr. Epstein will stand. indeed, controlling Supreme Court case law prevents it from doing otherwise. Mr. Epstein has fully performed his side of the bargain with the government, and when a bargain is based

plaining that the right to confer was "intended to be expansive," applying to "any critical state or disposition of the case") and United States v. Heaton, 458 F. Supp. 2d 1272 (D. Utah 2006)(government motion to dismiss charge of using facility of interstate commerce to entice minors to engage in unla

e citizens with "honest services" 1°? 160 - wrongdoing for which the public harm is sometimes hard to identify. [#894] By some accounts, including the U.S. Supreme Court's on occasion, 1°! this enforcement agenda has been overly aggressive. '°? But Congress has generally encouraged far-reaching federal enforcement, not

arges are filed). Another district court refused prosecutors' request to dismiss charges before the prosecutor consulted the victim. United States v. Heaton 458 F. Supp. 2d 1271, 1272 (D. Utah 2006) (citing victim's right under 78 U.S.C. § 3771](a)(8) "to be treated with fairness and with respect for [her

People Priority Goal"). 46 See Lichtblau, supra note 141. 47 See Paul G. Cassell & James R. Marsh, Full Restitution for Child Pornography Victims: The Supreme Court's Paroline Decision and the Need for a Congressional Response, /3 Ohio St. J. Crim. L. 1, 7 (2015). 48 See U.S. Dep't of Justice, supra note 145, at I

in opposition to a plea. The prosecutor refused to convey that information to the court and the trial judge accepted the plea. When the issue reached the Utah Supreme Court, the court concluded that the prosecutor had an ethical obligation as an officer of the court to convey that information to the judge: Prosecutors m

n handedly to both prosecution and the defense. Neither side is required to disclose the address or telephone number of a victim, thus complying with the Supreme Court's instruction that "in the absence of a strong showing of state interests to the contrary, discovery must be a two- 204 See infra notes 528-539 and ac

In re Richards, 213 F.3d 773, 787 (3d Cir. 2000); see also United States v. Hamm, 659 F.2d 624, 629-30 (Sth Cir. 1981). 417 Accord United States v. Heaton, 458 F. Supp. 2d 1271, 1272 (D. Utah 2006). 478 Black's Law Dictionary 633 (Bryan A. Garner ed., 8th ed. 2004) (defining the adjective "fair"). 479

aw and as a measure of respect that we have for the victims' difficult decisions to come forward in this matter. In a case called United States v. Heaton, H-e-a-t-o-n-, the government filed a Rule 48 motion for leave to dismiss a charge against a defendant who allegedly committed a sexual offense ag

e 48. I completely share that viewpoint in these circumstances, even though the facts of our case, as I said, are somewhat different from those in Heaton. I believe it is SOUTHERN DISTRICT REPORTERS, P.C. (212) 805-0300 EFTA00020000 --- PAGE BREAK --- 8 J8RsEPS1 4 5 6 7 8 9 10 11 12 1

courts abate criminal convictions, they reimpose a burden on victims that legislatures intended to alleviate through these victim rights statutes. The state Supreme Court has even concluded that the expansion and codification of victims' rights provides the changed conditions needed for overruling the rule of abatem