3 1 affidavit in both cases, please? 17) 2 MS. BELOHLAVEK: There are no PC 3 4 5 affidavits. There was originally an Indictment, the second charge was filed arising out of the booking. It was all 6 testimony presented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one Indictment, one 10 Information? 11 MS. BELOHLAVEK: Correct. 12 THE COURT: So one case is charged by 13 Indictment, one is charged by Information? 14 MS. BELOHLAVEK: Correct. 15 THE COURT: In case 2006036744 you 16 are charged with procuring a person under 17 18 for prostitution, a second degree 18 felony, maximum penalty of fifteen years 19 Department of Corrections; minimum, some 20 period of probation. No mandatory minimum 21 apply, is that correct, State? 22 MS. BELOHLAVEK: Correct. 23 THE COURT: And in case number 06 24 9454CF, you are charged with felony 25 solicitation to prostitution, a third PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180721

A r. ) I I I 1 degree felony, punishable by a maximum 2 penalty of five years in the Department of 3 Corrections, and a minimum, probation. No 4 mandatory minimums, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant has no 7 prior criminal record? 8 MS. BELOHLAVEK: Correct. 9 MR. GOLDBERGER: Yes, Your Honor. 10 THE COURT: You checked the NCIC as 11 well as State records? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guideline score 14 sheet I have before me shows 21.5 months in 15 the Department of Corrections as the lowest 16 permissible prison sentence in months. 17 Both sides'agree to the preparation of.the 18 guideline score sheet? 19 MR. GOLDBERGER: We so agree, Your 20 Honor. 21 MS. BELOHLAVEK: Yes. 22 THE COURT: What is proposed -- it 23 goes on for pages. 24 MR. GOLDBERGER: Your Honor, muoh of 25 the documentation is acknowledgement by my 4 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180722

4 1 client to community control, sex offender 2 status. 3 THE COURT: I understand. 4 Okay. What is proposed -- those 5 are the maximums and minimums, Mr. Epstein. 6 What is proposed is that you will be 7 pleading guilty to felony solicitation to 8 prostitution and procuring a person under 9 18 for prosecution. A PSI would be waived, 10 you would be adjudicated guilty of both 11 felonies, is that correct? 12 MS. BELOHLAVEK: Correct. 13 THE COURT: And on 06 9454, the 14 defendant to be sentenced to 12-months in 15 the Palm Beach County -- detention 16 facility? He's going to do time in the 17 jail? 18 MS. BELOHLAVEK: Yes. 19 THE COURT: With credit for one day 20 served. And on 08 9381, he is to be 21 sentenced to six months in the Palm Beach 22 County jail detention facility, with credit 23 for one day served. And the six month 24 sentence is to be served consecutive to the 25 12 month sentence? 5 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180723

O 4 1 MS. BELOHLAVEK: Correct.. 6 2 THE COURT: 16flawflig EFFETRMonEhe 3 sentence, the defendant will be placed on 4 12-months of community control one. The 5 6 7 8 9 conditions of the community control are attached hereto and incorporated herein. As a special condition of community control, he's to have no unsupervised contact with minors and the 10 supervising adult must be approved -- and I 11 would say, pre-approved, approved ahead of 12 time, not after the fact by the Department 13 of Corrections. And you would mean by that 14 his community control officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defenda.nt is 17 designated as a sexual offender pursuant to 18 Florida Statute 943.0435. and must abide by 19 all the corresponding requirements of the 20 statute, a copy of which is attached hereto 21 and incorporated herein. The defendant 22 must provide a DNA sample in court at the 23 time of this plea. Is this the -- and the 24 attachments are the terms and conditions of 25 community control. There are some PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180724

1 squiggles on the bottom of the page, what 2 3 4 7 would those squiggles be? MR. GOLDBERGER: Thank you, Your Honor, those are my client's signature 5 acknowledging that we have gone over all 6 the conditions. 7 THE COURT: One page after the plea 8 sheet that really spells out the terms and 9 conditions of community control, Florida 10 Statute 948.101, Mr. Epstein, is that 11 squiggle at the bottom your squiggle? 12 13 .14 15 16 THE DEFENDANT: Yes, ma'am. THE, COURT: Would those be your initials? THE DEFENDANT: Yes, ma'am. THE COURT: Did you read all of that 1 7 page? 18 19 20 THE DEFENDANT: Yes, ma'am. THE COURT: Can you read? THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did you go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your highest 25 degree? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180725

A 8 1 THE DEFENDANT: Yes. (-) 2 3 4 5 6 7 8 9 10 11 THE COURT: And is this your signature on the plea sheet that recites the terms of the plea I just read? THE DEFENDANT: Yes, ma'am. THE COURT: Did you read that document as well? THE DEFENDANT: Yes, ma'am. THE COURT: You understand once you do your 12 months followed by your six months all in the Palm Beach County jail 12 you will then be put on community control 13 which involves having an electronic monitor 14 attached to you and -- 15 MR. GOLDBERGER: Actually Your Honor, 16 the agreement of the parties is to, it!s 17 community control one which is not monitor. 18 THE COURT: Oh, community control 19 one, is that spelled out in here? 20 MS. BELOHLAVEK: Yes. 21 MR. GOLDBERGER: Yes, it is, Your 22 Honor. 23 MS. BELOHLAVEK: He does not fall 24 under the Jessica Lunsford Act which 25 requires the bracelet. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180726

9 1 THE COURT: Community control two. ! (-) 2 MS. BELOHLAVEK: Correct. 3 THE COURT: Community control one 4 that would be no electronic monitor? 5 MR. GOLDBERGER: That is correct. 6 THE COURT: Now which of the terms 7 and conditions of community control one are 8 you incorporating? 9 MR. GOLDBERGER: I can go through 10 them with Your Honor. 11 THE COURT: None of the them appear 12 to be articulated in the plea sheet which 13 is why I'm asking. 14 MR. GOLDBERGER: These are the 15 standard conditions of community control by 16 statute would apply to anyone that goes on 17 community control and out of an abundance 18 of caution, we simply memorialized those 19 standard conditions in the plea sheet 20 agreement. 21 THE COURT: The Court shall require 22 intensive supervision and surveillance for 23 an offender placed on community control 24 which may include but is not limited to 25 specified contact with the parole and PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180727

10 to 1 probation officer, specified by who? 151WWATIUNOF1rICERT— S-pentre-d- brroV7 — 3 Your Honor. 4 THE COURT: I don't see that in the 5 plea sheet. That's why I'm asking the 6 questions. No one has specified how often, 7 how frequently he is to have contact with 8 his parole and probation officer. 9 Confinement to an agreed upon residence 10 during the hours away from employment and 11 public service activity, has that been 12 articulated? 13 MS. BELOHLAVEK: I believe 14 Judge McSorley has a standard order 15 somewhere on the bench up there regarding 16 this, I'm told by the prosecutor. 17 MS. LENHARDT: Judge, usually this is 18 . the probation sheet she hands out to folks. 19 THE COURT: I have seen those 20 sheets -- I have seen them incorporated in 21 plea agreements which is why I'm asking 22 MR. GOLDBERGER: I see. 23 THE COURT: Is there some reason you 24 didn't use this particular document in this 25 case? PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180728

A 11 1 MS. BELOHLAVEK: I didn't realize 2 3 4 5 6 7 8 9 10 11 12 until Ms. Lenhardt just told me that Judge McSorley has that. MR. GOLDBERGER: We'd be happy to execute that document, Your Honor. We were -- we overreacted by just having him sign off on all conditions of community control. THE COURT: Well, this is -- MR. GOLDBERGER: Perhaps the better practice would be -- THE COURT: This is, the reason.. Judge McSorley does this which makes 13 ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves now what the -- 16 MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecified. 19 MS. BELOHLAVEK: We can take care of 20 that right now if you could give us a few 21 minutes. 22 THE COURT: All right. 23 These are the standard conditions 24 that Judge McSorley normally uses. If you 25 like them, you need to circle the ones that ) PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180729

12 1 apply and everyone must initial them. We 2 will go over it. If you wish to change 3 you understand there is quite a bit of 4 latitude given the court in putting 5 somebody on community control. If you 6 agree to some change, let me know', but 7 understand at the outset that I'm a big fan 8 of specificity. I want to know what he 9 will be doing for employment. I want to 10 know exactly where he is going to be living 11 and I want it on the record now. It can 12 change but it can only change with 13 preapproval by DOC. I want it crystal 14 clear. I don't want the community control 15 officer who gets this case the day he walks 16 out the Palm Beach County to have any doubt 17 or confusion. as to exactly what this 18 defendant is supposed to do, where he is 19 supposed to be when, exactly what I am 20 requesting that officer to supervise. 21 MS. BELOHLAVEK: Absolutely. 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it. 24 Thank you, Your Honor. 25 THE COURT: We will recall that case. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180730

13 1 (Brief recess.) 2 MR. GOLDBERGER: YourtfiBr, we are 3 4 5 6 7 8 9 10 11 12 13 back on Jeffrey Epstein, actually it worked, we had an opportunity to go through Judge McSorley's conditions of community control and we asked the Department of Corrections representative to assist us to make sure we did everything properly. They were very helpful and we executed the document. MS. BELOHLAVEK: Yes, and Your Honor, this defendant doesn't fall under the sex offender probation but we have included 14 special sex offender conditions as part of 15 the community control and they are all 16 circled there. 17 . THE COURT: The plea agreement stated 18 the defendant is designated as a sexual 19 offender pursuant to Florida Statute 20 942.035. 21 MS. BELOHLAVEK: Correct. But the 22 sex offender probation, the statute is 23 different and only applies to certain 24 offenses and this one was not enumerated. 25 THE COURT: Okay. I want to make PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180731

14 1 sure both I and the defendant are clear. 2 The sexual offender statute you are 3 referring to in the plea sheet is the one 4 that requires registration? 5 MS. BELOHLAVEK: Correct. 6 MR. GOLDBERGER: Correct. 7 THE COURT: And we will talk about 8 that. 9 MR. GOLDBERGER: Okay. 10 THE COURT: But it is not the one 11 that requires the special conditions of sex 12 offender probation? 13 MS. BELOHLAVEK: Correct'. 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAVEK: He's read it. 18 THE COURT: We will leave it in 19 there. But these conditions we are going 20 to go over right now are going to be viewed 21 in my mind, yes, and they have been signed 22 by the defendant and we will go over that 23 in a second as a part of the whole plea. 24 MS. BELOHLAVEK: Correct. 25 THE COURT: So circled are PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180732

15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employment, 4 5 6 community service work or any other activity approved by your probation officer. 7 8, you will maintain an hourly 8 accounting of all your activities on a 9 daily log which you will submit to your 10 . supervising officer upon request. 11 My understanding about the daily 12 log, maybe I'm just confused from other 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitted ahead 15 of time, is that correct? 16 PROBATION. OFFICER: That is correct, 17 Your Honor. 18 THE COURT: So part A, where he has 19 to stay in his residence except for one 20 hour before and after the approved 21 employment, community service work and 22 other activity. All that's information 23 that will be recorded in writing and the 24 defendant will have a copy and he will know 25 exactly where he is supposes to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180733

16 1 PROBATION OFFICER: That is correct, 2 3 4 Your Honor. THE COURT: As will his supervising probation officer. And.then to document 5 that he's supposedly done all that he 6 himself will be keeping a daily log? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: And the log form will be 10 provided by the department and he will be 11 turning that in every time he meets with 12 the probation officer? 13 PROBATION OFFICER: That is correct, 14 Your Honor. 15 THE COURT: Okay. So that applies 16 and F applies. Does E apply? No. 17 MS. BELOHLAVEK: Did I circle E? 18 THE COURT: No. F -- made one up, 19 the defendant will be residing at 358 El 20 Brillo Way, Palm Beach, Florida, 33480. He 21 knows now that that's where he will be 22 living when he is released after his 12 23 months and six months. 24 MR. GOLDBERGER: That is correct, 25 Your Honor. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00180734