Epstein Secrets

tered on FLSD Docket 11/02/2009 Page 10 of 24 4 The United States Supreme Court has expressly encompassed the innocent citizen as

in of a crime. (DE 242, p. 18) United States v. Goodwin, 625 F.2d 693, 701 (5th Cir. 1980). 2 Case 9:

ld support a criminal conviction, but even if "the responses would merely 'provide a lead or clue' to evidence having a tendency to incriminate."). The United States Supreme Court has made clear that the scope of the Fifth Amendment Privilege also encompasses the circumstance where "the act of producing documents in response

witness, (the trial court) can conclude that the witness could 'legitimately refuse to answer essentially all relevant questions." United States v. Goodwin, 625 F.2d 693, 701 (5th Cir. Fla. 1980)); United States v. Tsui, 646 F.2d 365, 367-68 (9th Cir. 1981). This exception is narrow and is applicable w

designed to guarantee." Hoffman, 341 U.S. at 479. The United States Supreme Court has made clear that the scope of the Fifth Amend

tein of a crime. (DE 242, p.18) United States v. Goodwin, 625 F.2d 693, 701 (5th Cir. 1980). 5. As detai

ion testimony. An analogy can be made to cases involving impermissibly suggestive showups.3 See e.g. Neil v. Biggers, 409 U.S. 188 (1972). In Neil, the United States Supreme Court, addressing suggestive showups, noted that the primary evil to be avoided is a very substantial likelihood of irreparable misidentification." Id. a

vilege raised as to these interrogatories valid, and asserted by Epstein only with reference to "genuinely threatening questions." United States v. Goodwin, 625 F.2d 693, 701 (5th Cir. 1980). The danger Epstein faces by being forced to testify in this instance is "substantial and real, and not merely t