Villafana, Ann Marie C. (USAFLS) From: Acosta, Alex (USAFLS) Sent: Wednesday, July 09, 2008 2:37 PM To: Lee, Dexter (USAFLS); Herd, Kim (USAEO); Neal, Kristina (USAEO); Villafana, Ann Marie C. (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: RE: Revised Draft with DOJ Edits I am just reading this. I am very concerned, because I have repeatedly edited the phrase "deferred prosecution" and replaced it with an "agreement to defer federal prosecution in favor of prosecution by the State of Florida." The phrase is now back on page 3. I send the email only to make clear that there is a difference. This is not a deferred federal prosecution. There was a state case, that case was prosecuted, and in light of state guilty plea federal government has agreed not to pursue a state prosecution as well. This matters, because the victims have the opportunity to have their rights vindicated in state court as well. Not a big deal, but just want to make sure the distinction remains clear in any subsequent drafts. From: Lee, Dexter (USAFLS) Sent: Wednesday, July 09, 2008 2:26 PM To: Herd, Kim (USAEO); Neal, Kristina (USAEO); Villafana, Ann Marie C. (USAFLS); Acosta, Alex (USAFLS); Sloman, Jeff (USAFLS) Cc: Jacobus, Wendy (USAFLS) Subject: Revised Draft with DO) Edits Colleagues, Attached please find the latest revision, which includes the edits suggested by EOUSA. I have also incorporated the word "place", per Jeff's suggestion. For our DOJ colleagues, there is a new Section III, which goes into detail regarding the contact Marie had with the three victims. Also, as to whether Edwards raises the right to fairness being violated, I was referring to paragraph five of the emergency petition, which only alleges violations of the right to consultation, notice of public court proceedings, information regarding right to restitution, and notice of rights under the CVRA. A motion to seal has been prepared, seeking leave of the Court to seal the government's response, Marie's declaration, and the attachments to the declaration. Dexter Lee « File: victim_resp_USArev corrected_Daledits.wpd » 587 EFTA00193698