Villafana, Ann Marie C. (USAFLS) From: Lee, Dexter (USAFLS) Sent: Monday, July 14, 2008 10:20 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Jane Doe Hearing Marie, I left early on Friday since I had to take care of some matters before my Air Force reserve duty at Homestead MB this weekend. If you want me to participate in a conference with Mr. Goldberger, I will be happy to do so. Dexter From: Villafana, Ann Marie C. (USAFLS) Sent: Friday, July 11, 2008 3:04 PM To: Lee, Dexter (USAFLS) Subject: RE: Jane Doe Hearing HI Dexter — I really think you should be on this call with Jack Goldberger, if you feel a response is required. A. Marie Villafana Assistant U.S. Attorney 561 209-1047 From: Lee, Dexter (USAFLS) Sent: Friday, July 11, 2008 2:33 PM To: Herd, Kim (USAEO); Neal, Kristina (USAEO); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Villafana, Ann Marie C. (USAFLS); Jacobus, Wendy (USAFLS) Subject: Jane Doe Hearing Colleagues, The hearing this morning lasted 45 minutes. Judge Marra first heard argument from Brad Edwards, who harangued the government for permitting Epstein to get off with a light sentence in state court. He argued that the victims were entitled to be consulted before this agreement was reached, and the court should set the agreement aside. Edwards again argued that the rights in section 3771(a) accrue prior to the filing of any charges. In my portion of the argument, I advised the court of the status of Epstein's state case: (1) he entered pleas of guilty to two state charges on June 30, 2008; (2) he was sentenced to 18 months' incarceration and 1 year of community control; and (3) he was serving his sentence of incarceration. The court queried me on the Dean case and the government's position on when the rights in section 3371(a) applied. I distinguished Dean and argued that rights under 3771(a) does not accrue until a charge is filing in district court. I noted that the A/G's guidelines are applied with common sense, such that a victim claiming they were being threatened by a perpetrator would not be turned away since an indictment had not been returned. I also argued that 18 U.S.C. 3771 did not grant authority to the court to set aside the agreement in the instant case, since it was not a plea agreement filed with court, which it had the discretion to accept or reject. The court had questions regarding the completion of the agreement in September 2007, but the plea was not 517 EFTA00193429