Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: Friday. March 21 2008 3.47 PM To: Gelber. Subject: RE: Follow up Eli — Don't worry, I have decided to just wait to see your result. I think the state charges don't fit the crime anyw y, and I have the tapes of the grand jury presentation, where the Assistant State Attorney cross- examined the victims instead of simply presenting the case. (The defense doesn't know that we have those tapes.) The State's handling of the case was one of the reasons why we looked into this in the first place. As I mentioned earlier, I will be out next week. Starting on late Tuesday or Wednesday, I should be able to check e-mail, so feel free to contact me that way. My cell phone is 561 601-2301, and you can reach Nesbitt on her cell phone at 954 553-3471. Thanks again. A. Marie Villaptia Assistant U.S. Attorney 561 209-1047 Fax 561 820-8777 From: Gelber, a Sent: Friday, a , 2008 3:20 PM To: Villafana, Ann Marie C. (USAFLS); Oosterbaan, Andrew Cc: Sloman, Jeff (USAFLS); Senior, Robert (USAFLS) Subject: RE: Follow up Thanks Marie, that is very helpfuL Please don't take my question as a su:,:estion that the state drop the charges — I just needed this information to round out the discussion about the petite policy. From: Villafana, Ann Marie C. (USAFLS) rmailto:Ann.Marie.C.Villafana@usdolgov] Sent: Frida ch 21, 2008 3:15 PM To: Gelber, Oosterbaan, Andrew Cc: Sloman, IS); Senior, Robert (USAFLS) Subject: RE: Follow up I I i Here is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial, so that show not be an issue. The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under Florida law. but I don't think that Epstein will be willing to do so. At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly. he can move for "discharge." Once -discharged." Epstein cannot be prosecuted on the crime charged or any other crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same conduct or criminal episode. 1258 08-80736-CV-MARRA P-014743 EFTA00189362