(USAFLS) From: (USAFLS) Sent: Monde Februa 25 2008 11 23 AM To: (USAFLS) Subject: uestion regarding use of Grand Jury Marie: I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward occurred. which is not the case. Nor do I see 'requirement to give' 404(6) 'Ape instruction. Let's not forget thil the role of the grand is to investigate, and it is wholly aprpriate that 'grand jury in good faith pursued I line of investigation that does not lead to indictment. That is very different matter from presenting information pursuant to 404(b), to prove motive, lack of accident, etc. I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some explanation, or at least acknowledgement. to the grand jury. It's always dicey, and not really desirable, to explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft proposed indictment is being withdrawn, and iffe lil rent set of facts is being pursued, and ask them if they can set aside what they heard previously, and base determination of probable cause solely on the new evidence. If any of them indicatt inability to do so. perhags they should lif excused from consideration of this case; if that leaves you without I quorum, then you have I basis to go to I new grand jury. I hope this helps: I'm available by phone as well. Cc:wait/4e. From: (USAFLS) jilt Son • February 25, 2008 9:59 AM To: (USAFLS) Su : Question regarding use of Grand Jury Hi - I have received two conflicting points of view regarding this question. so I thought I should ask the . Here is my situation: i ir I have been involved in' long-term investigation of I ild exploitation case. Throughout the investigation. I have presc d evidence and testimony to Grand Jury Some of that evidence and testimony related to six victims (of total of 19 victims), including the live testimony of one of those victims. I also began presenting evidence re ated to what I called '"draft proposed indictment." For various reasons, the indictment has been delayed about 9 months. And, for other strategic reasons. we have decided to drop the six victims referenced above, and replaced them with' different six victims. 1552 08-80736-CV-MARRA F014625 EFTA00223769

The question is now raised as to whether I should continue presenting to Grand Jury'. with' 404(b)-type instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial i "draft proposed indictment", or whether I should present Grand Jury B. excluding any testimony regarding those six victims. One other consideration — Grand Jury is due to expire in August, and I anticipate that the investigation will continue for quite some time after indi ment. It is possible4hat the 6 dropped victims will be re-added in 'superseding indictment. Thank you. I Marie Villafana Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone Fax 1553 08-80736-CV-MARRA F014626 EFTA00223770