H. DORN WILLIAMS JR.
Attorney at Law
Over 45 Years' Experience
Martindale-Hubbell "AV" Rated
Trials & Appeals. State & Federal Courts
July 19, 2019
U.S. Attorney's Office
Re: USA v. Jeffrey Epstein
Dear
The bullet Epstein dodged that no one is talking about. He did so because of the combined
actions of former U.S. Attorney Alexander Acosta, former Palm Beach County State Attorney
Barry Krischer, the Palm Beach County Sheriffs Office, and the assistant state attorney(s) that
handled Jeffrey Epstein's criminal pr9secution in state court.
At his plea and sentencing, the judge asked why Epstein was going to serve his sentence in
the Palm Beach County stockade instead of in a Florida state prison, like most sex offenders.
The response was we just decided that was the best way to accomplish what needed to be
done here and agreed that the sentence satisfied everyone's requirements.
His carefully constructed plea and sentence accomplished Epstein avoiding the Jimmy Ryce
Act, relating to the indefinite civil commitment of sexual predators. If he had been eligible for
Jimmy Ryce commitment, there is a substantial likelihood that he would have been indefinitely
committed and warehoused with other sexual predators.
Epstein was charged with two felony offenses: (1) procuring a person under the age of 18 for
prostitution, a second-degree felony, punishable by 15 years in prison, and (2) felony
solicitation of prostitution, a third-degree felony, punishable by 5 years in prison. He was facing
a maximum consecutive sentence of 20 years in prison.
Florida, like the Federal Courts, has sentencing guidelines. Epstein's guidelines calculated the
"lowest permissible prison sentence of 21.5 months," or almost two years in state prison. In
Florida, the court can go below the lowest permissible range via a motion for downward
departure, or plea bargain. Epstein avoided a 21.5-month prison system via plea bargain.
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To understand how he avoided the Jimmy Ryce Act, you need to look at his carefully
constructed sentence. According to the plea sheet he signed, regarding his conviction for felony
solicitation of prostitution, he was sentenced to 12 months in the county jail. Regarding is
conviction for procuring a person under the age of 18 for prostitution, a second-degree felony,
he was sentenced to 6 months county jail consecutive to the above 12-month sentence, and
that term of incarceration was to be followed 12 months community control. In other words, he
was sentenced to 18 months incarceration in the county jail.
What if he had been sentenced to 18 months in prison, instead of the county jail? In 2008, the
Jimmy Ryce provided that to be eligible for indefinite civil commitment as a sexual predator the
person had to be:
. .'.serving a sentence in the custody of the Department of Corrections, a
person who was adjudicated delinquent and is committed to the custody of the
Department of Juvenile Justice, or a person who was involuntarily committed
to the custody of the Department of Children and Family Services upon an
adjudication of not guilty by reason of insanity. §394.912(1), Fla. Stat. (2008).
Defendants that might satisfy the definition of a sexual predator were excluded from
consideration if they were serving their time in a county Jail. I have defended sex offenders and
men being prosecuted under the Jimmy Ryce Act In 2005-2006, as an assistant public
defender, I defended about 25 men; being prosecuted under the Jimmy Ryce Act. I advised
young public defenders to have sex crime offenders to take time in the county jail for this very
reason.
In 2008, an experienced sex crimes prosecutor would have been aware of this county jail
loophole.' If they say they were not aware of this loophole, they are incompetent or untruthful.
In 2014, this loophole was closed. The above section was amended to include, ". . . a person
who is serving a sentence in a county or municipal jail for a sexually violent offense. . ."
§394.912(1), Fla. Stat. (2014). Now,:a defendant cannot avoid the Jimmy Ryce Act by doing
his time in the county jail, like Epstein.
For purposes of the Jimmy Ryce Act a "sexually violent offense" includes any criminal act that
is subsequently determined to be pripven beyond a reasonable doubt to have been "sexually
motivated." A "sexually motivatedi crime is one whose purpose, in part, was for sexual
gratification. Certainly, prostitution related offenses, and particularly with the facts of his case
were committed in part for sexual gratification. The misnomer is that violence does not have
to be an element of the crime.
If Epstein had been in prison, instead of the county jail, the Department of Children and Family's
Multidisciplinary Team would have evaluated Epstein and submitted its written assessment
and recommendation to State Attorney Barry Krischer. Epstein would have been back in the
A defense attorney cannot be faulted for getting a disposition that avoids Jimmy Ryce
consequences, because his duty is to his client.
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State Attorney's lap for the filing a petition to seek his indefinite civil commitment. Once a
petition is filed, the offender is held in custody at the Florida Civil Commitment Center. There
is no bond/bail.
Having tired these cases, representing the defendant, the case is a battle of experts. The six-
person jury must unanimously find by clear and convincing evidence whether the person
has the requisite prior conviction, has a mental abnormality affecting a person's emotional
or volitional capacity which predispopes the person to a sex offense, and is likely to engage
in further sex crime to such a degreeas to pose a menace to the health and safety of others,
unless he is indefinitely confined for treatment.
This potential "rabbit hole" was avoided simply by where Epstein was incarcerated.
In determining whether Epstein would satisfy the criteria for the State Attorney to file a petition
for involuntary commitment, the psychologist/psychiatrist evaluators use a diagnostic tool
known as Static-99. It is used throughout the United States and Canada. See the attached
Static-99 form. Plus, the evaluators can go behind the mere charges that he pled to.
Having a familiarity with Static-99 evaluation forms while representing men who had petitions
filed against them, based on the Static-99, Epstein arguably qualified for the filing of a petition.
I am not an expert, but I rough calculated his score, using the score sheet applicable at the
time of his plea, as 4, which translates to a moderate to high risk of re-offending.
If Epstein was sentenced to state prison by the State Attorney Krischner, there is a likelihood
he would have been back in front of that same State Attorney for potential indefinite civil
commitment. Instead of recently returning from France, Epstein might still be at the facility in
Arcadia, Florida, with over 600 other sexual predators. Florida has more people committed
than any other state.
There are other anomalies in the handling of this case. He was indicted for the first charge
(2006CF9454). In the Federal system, felony prosecution is initiated by Indictment, or the
prosecutor and the defense agree to the file of an Information charging a specific crime(s). In
Florida, the only crime that requires an Indictment is first-degree murder. In Florida, the State
Attorney is referred to an a "one-man grand jury because the State Attorney can with the stroke
of a pen initiate a criminal prosecution for any crime, other than first-degree murder. Over 98%
of crimes in Florida are charged by Information filed by an assistant state attorney.
According to The Miami Herald article, Detective Recarey also told The Miami Herald that in
May 2006, he drew up probable cause affidavits that charged Epstein and three associates
with a slew of sex crimes. But instead of pushing forward with the case, Krischer referred the
case to the grand jury, which returned an Indictment on a single count of soliciting prostitution.
In Florida state court, the prosecutor frames the charge it wants the grand jury to consider and
brings an Indictment and the applicable law and instructions.2
I would be curious how many indictments in Palm Beach County in 2005-2006 were returned
for crimes other than first-degree murder cases? How many sex crimes prosecutions were
2 As an assistant state attorney, I presented Indictments to the grand jury.
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initiated by indictment? These questions a federal prosecutor unfamiliar with our state court
system night not ask.
Regarding the first case, there are over 140 docket entries. A demand for discovery was never
filed. If it had been filed, the State Attorney would have to file an answer. Under Florida law,
the answer is a public record, as well as most of the documents produced in conjunction with
the answer. This kept the facts out of the public eye.3
Regarding the second case (2008CF009381). an Information was filed June 26, 2008. But the
usual probable cause affidavit setting forth the facts of the crime was not filed.4 He plead guilty
four days later. Does the transcript of the plea colloquy set forth a factual basis, or did he
stipulate there was a factual basis?
In summary, with no probable cause affidavit in either case, or demand for discovery the public
has no idea about the facts supporting the charges. Epstein was sex offender like my former
public defender clients. But money. powerful friends, the U.S. Attorney, the Palm Beach State
Attorney and Sheriffs Office agreed to an unusual sentence structure whereby Epstein avoided
potential Jimmy Ryce Act indefinite civil commitment. Ask for proof that any other serial sex
offender was sentenced to more than 365 days incarceration and was permitted to serve his
time in the Palm Beach County Jail I am not a hypocrite, as a criminal defense attorney. I too
would have sought to structure a sentence to avoid the Jimmy Ryce Act.
The defense obtained a spectacular outcome. But, the outcome was only possible because (1)
a U.S. Attorney's Office was apparently afraid to try a case that was less than a slam dunk
winner, (2) a state court prosecutor was apparently afraid to try a case that was less than a
slam dunk winner, and (3) a Sheriff who went along with the sentencing scheme. Ask the
sheriff how many times he has honored this type of sentencing arrangement.
Sincerely yours,
H. Dohn Wi lams Jr.
Cc:
U.S. Attorney's Office
U.S. Attorney's Office
A defense attorney should not be faulted for this tactic; it protects his client.
Go to the online court document number 4 It reads "rough arrest no probable cause filed"
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