EFTA00032238

SCANNED 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICI 2 AL CIRCUIT IN AND FOR PALM BEACH COUNTY, FL ORIDA CRIMINAL DIVISION 3 4 STATE OF FLORIDA 5 ) ) vs 6 ) CASE NO. 06 CF94 54AMB VJ ) 08 9381CFAMB JEFFREY EPSTEIN 7 ) 3 Defendant. — n .,.• ) ',a 8 = c, ) r. • • ' A • 1.7) r •. 9 :' ' (-= .71 CV PLEA CONFERENCE .. .. na 11 PRESIDING: HONORABLE DEBORAH :-L: -H42 C'') C.) DALE PUCILCIOrc „ ; — 12 APPEARANCES: s—: ; ro 13 ON BEHALF OF THE STATE: BARRY E. KRISCHER 14 , ESQUIRE State Attorney 401 North Dixie Hi 15 ghway West Palm Beach, Florida 33401 By: LANNA BELOHLAVEK, 16 ESQUIRE Assistant State At torney 17 ON BEHALF OF THE DE FENDANT: ATTERBURY, GOLDBE 18 RGER & WEISS,P.A. 250 Australian Av enue South Suite 1400 19 West Palm Beach, Florida 33401 By: JACK GOLDBERGER, 20 ESQUIRE 21 22 23 June 30, 2008 ORIGINAL 24 Palm Beach County Courthouse West Palm Beach, 25 Florida 33401 Beginning at 8:40 o'clock, a.m. PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032238 ‘sod 2 1 BE IT REMEMBERED that the followin g 2 proceedings were had in the above -entitled cause 3 before the HONORA BLE DEBORAH DALE PUCILLO, one of 4 the judges of th e aforesaid cour t, at the Palm 5 Beach County Cour thouse, located in the City of 6 West Palm Beach, State of Florida on June 20, 2008 7 beginning at 8:40 o'clock, a.m. wi th appearances 8 as hereinbefore noted, to wit: 9 THEREUPON: 10 MR. GOLDBERGER: Good morning, Ju dge, 11 Jack Goldberger on behalf of Jeff rey 12 Epstein. 13 THE COURT: Good morning. 14 MR. GOLDBERGER: Your Honor, we ar e 15 here for a plea conference. 16 THE COURT: Raise your right hand. 17 THEREUPON: 18 JEFFREY EPSTEIN, 19 after being call ed as a witness by the Defense and 20 after being firs t duly sworn by th e Court, was 21 examined and te stified as follow s: 22 THE DEFENDANT: Yes, ma'am. 23 THE COURT: Is this one case or two? 24 MS. BELOHLAVEK: Two. 25 THE COURT: May I see the PC PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032239 1 affidavit in bo th cases, plea se? 2 MS. BELOHLAVEK : There are no PC 3 affidavits. There was orig inally an 4 Indictment, th e second charge was filed 5 arising out of the booking. It was all 6 testimony pres ented to the grand jury. 7 THE COURT: Let me see the Indictment 8 then? 9 I have one In dictment, one 10 Information? 11 MS. BELOHLAVEK : Correct. 12 THE COURT: So one case is charged by 13 Indictment, on e is charged by Information? 14 MS. BELOHLAVEK : Correct. 15 THE COURT: In case 200603 6744 you 16 are charged wi th procuring a person under 17 18 for prostitu tion, a second degree 18 felony, maximum penalty of fift een years 19 Department of Corrections; minimum, some 20 period of prob ation. No mandatory mi nimum 21 apply, is that correct, Stat e? 22 MS. BELOHLAVEK : Correct. 23 THE COURT: And in case nu mber 06 24 9454CF, you ar e charged with felony 25 solicitation to prostitution , a third PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032240 ✓ ✓ 4 1 degree felony, punishable by a maximum 2 penalty of five years in the Depa rtment of 3 Corrections, and a minimum, prob ation. No 4 mandatory minimu ms, correct? 5 MS. BELOHLAVEK: Correct. 6 THE COURT: The defendant ha s 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 re cords? 12 MS. BELOHLAVEK: Yes. 13 THE COURT: And the guidelin e score 14 sheet I have befo re me shows 21.5 months in 15 the Department of Corrections as th e lowest 16 permissible prison sentence in mont hs. 17 Both sides agree to the preparatio n of the 18 guideline score sh eet? 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, much of 25 the documentation is acknowledgemen t by my PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032241 1 client to co mmunity cont rol, sex of 2 fender status. 3 THE COURT: I understand . 4 Okay. What is prop osed -- thos 5 e are the maxi mums and mi nimums, Mr. 6 Epstein. What is prop osed is that you will be 7 pleading guil ty to felony solicitation 8 to prostitution and procurin g a person 9 under 18 for pros ecution. A PSI would 10 be waived, you would be adjudicated guilty of bo 11 th felonies, is that correc t? 12 MS. BELOHLAV EK: Correct. 13 THE COURT: And on 06 94 14 54, the defendant to be sentence d to 12-month 15 s in the Palm Be ach County -- detention 16 facility? He's going to do time in 17 the jail? 18 MS. BELOHLAV EK: Yes. 19 THE COURT: With credit 20 for one day served. And on 08 93 81, he is to 21 be sentenced to six months in the Palm 22 Beach County jail detention fa cility, with 23 credit for one day served. And the six 24 month sentence is to be served consecutive 25 to the 12 month sent ence? PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032242 Nival 6 1 MS. BELOHLAVEK: Correct. 2 THE COURT: Following the six months 3 sentence, the de fendant will be placed on 4 12-months of comm unity control one. The 5 conditions of th e community cont rol are 6 attached hereto an d incorporated he rein. 7 As a special cond ition of 8 community control, he's to have no 9 unsupervised cont act with minors an d the 10 supervising adult must be approved -- and I 11 would say, pre -app roved, approved ah ead of 12 time, not after th e fact by the Depa rtment 13 of Corrections. An d you would mean by that 14 his community cont rol officer? 15 MS. BELOHLAVEK: Correct. 16 THE COURT: The defendant is 17 designated as a se xual offender pu rsuant to 18 Florida Statute 94 3.0435 and must ab ide by 19 all the correspond ing requirements of the 20 statute, a copy of which is attached hereto 21 and incorporated he rein. The defendant 22 must provide a DN A sample in court at the 23 time of this plea. Is this the -- an d the 24 attachments are th e terms and condit ions of 25 community control. There are some PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032243 1 squiggles on the bottom of the page, what 2 would those sq uiggles be? 3 MR. GOLDBERGER : Thank you, Yo ur 4 Honor, those are my client 's signature 5 acknowledging that we have go ne over all 6 the conditions . 7 THE COURT: One page afte r the plea 8 sheet that re ally spells ou t the terms an 9 d conditions of community cont rol, Florida 10 Statute 948.10 1, Mr. Epstein, is that 11 squiggle at th e bottom your squiggle? 12 THE DEFENDANT: Yes, ma'am. 13 THE COURT: Would those be your 14 initials? 15 THE DEFENDANT: Yes, ma'am. 16 THE COURT: Did you read al l of that 17 page? 18 THE DEFENDANT: Yes, ma'am. 19 THE COURT: Can you read? 20 THE DEFENDANT: Yes, ma'am. 21 THE COURT: How far did yo u go in 22 school? 23 THE DEFENDANT: High school. 24 THE COURT: That's your hi ghest 25 degree? PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032244 J 8 1 THE DEFENDANT: Yes. 2 THE COURT: And is this your 3 signature on the plea sheet that recites 4 the terms of the plea I just read ? 5 THE DEFENDANT: Yes, ma'am. 6 THE COURT: Did you read that 7 document as well? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: You understand on ce you 10 do your 12 months followed by your six 11 months all in th e Palm Beach Coun ty jail 12 you will then be put on community control 13 which involves ha ving an electronic monitor 14 attached to you an d -- 15 MR. GOLDBERGER: Actually Your Hono r, 16 the agreement of the parties is to , it's 17 community control one which is not monitor. 18 THE COURT: Oh, community cont rol 19 one, is that spel led 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 whic h 25 requires the bracel et. PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032245 1 THE COURT: Community co ntrol two. 2 MS. BELOHLAV EK: Correct. 3 THE COURT: Community co ntrol one -- 4 that would be no electr onic monitor? MR. GOLDBERG ER: That is corr 6 ect. THE COURT: Now which of the terms 7 and conditio ns of communit y control on 8 e are you incorpor ating? 9 MR. GOLDBERG ER: i can go th 10 rough them with Yo ur Honor. 11 THE COURT: None of the them appear 12 to be articu lated in th e plea sheet 13 which is why I'm as king. 14 MR. GOLDBERG ER: These are th 15 e standard cond itions of communit 16 y control by statute woul d apply to anyone that 17 goes on community co ntrol and ou t of an abun 18 dance of caution, we simply me morialized 19 those standard cond itions in th e plea shee 20 t agreement. 21 THE COURT: The Court sh all require 22 intensive su pervision an d surveillan 23 ce for an offender placed on co mmunity cont 24 rol which may in clude but is not limited 25 to specified co ntact with the parole and PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032246 1 10 probation offi cer, specifie d by who? 2 PROBATION OFFI CER: Specified by 3 you, Your Honor. 4 THE COURT: I don't see th at in the 5 plea sheet. That's why I'm asking the 6 questions. No one has spec ified how ofte 7 n, how frequently he is to have contact with 8 his parole and probation offi cer. 9 Confinement to an agreed upon residence 10 during the hour s away from em ployment 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 th e bench up ther e regarding 16 this, I'm told by the prosecut or. 17 MS. LENHARDT: Judge, usuall y this is 18 the probation sheet she hand s out to folks. 19 THE COURT: I have seen th ose 20 sheets -- I ha ve seen them in corporated 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 docu ment in this 25 case? PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032247 11 1 MS. BELOHLAVEK: I didn't realize 2 until Ms. Lenhardt just told me that Judge 3 McSorley has that . 4 MR. GOLDBERGER: We'd be happy to 5 execute that docu ment, Your Honor. We were 6 -- we overreacte d by just having him sign 7 off on all condit ions of community control. 8 THE COURT: Well, this is -- 9 MR. GOLDBERGER: Perhaps the better 10 practice would be -- 11 THE COURT: This is, the reas on 12 Judge McSorley do es this which make s 13 ultimate sense is we're going to be here 14 half the morning if we're going to decide 15 among ourselves no w what the -- 16 MR. GOLDBERGER: That makes sense. 17 THE COURT: I'm not going to leave 18 this just unspecif ied. 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 st andard conditions 24 that Judge McSorl ey normally uses. If you 25 like them, you ne ed to circle the ones that PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032248 vd val0 12 1 apply and everyone must initial them . We 2 will go over it. If you wish to ch ange 3 you understand th ere is quite a bi t of 4 latitude given th e court in puttin g 5 somebody on comm unity control. If you 6 agree to some ch ange, let me know , but 7 understand at th e outset that I'm a big fan 8 of specificity. I want to know wh at he 9 will be doing for employment. I want to 10 know exactly wher e 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 DO C. 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 Beac h County to have any doubt 17 or confusion as to exactly what this 18 defendant is supp osed to do, where he is 19 supposed to be wh en, exactly what I am 20 requesting that of ficer to supervis e. 21 MS. BELOHLAVEK: Absolutely. 22 THE COURT: Okay. 23 MR. GOLDBERGER: We will work on it . 24 Thank you, Your Ho nor. 25 THE COURT: We will recall th at case. PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032249 1 13 (Brief recess .) 2 MR. GOLDBERGER : Your Honor, we are 3 back on Jeffre y Epstein, ac tually it 4 worked, we had an opportunity to go through 5 Judge McSorley 's conditions of community 6 control and we asked the Depa rtment of 7 Corrections re presentative to assist us to 8 make sure we did everything properly. 9 They were very helpful and we executed the 10 document. 11 MS. BELOHLAVEK : Yes, and Your Honor, 12 this defendan t doesn't fall under the sex 13 offender prob ation but we ha ve included 14 special sex of fender conditio ns as part of 15 the community control and th ey are all 16 circled there. 17 THE COURT: The plea agre ement stated 18 the defendant is designated as a sexual 19 offender purs uant 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 no t enumerated. 25 THE COURT: Ok ay. I want to make PHYLLIS A. DAME S, OFFICIAL COURT RE PORTER EFTA00032250 4 4 1 14 sure both I and the defe ndant are cl 2 ear. The sexual of fender stat ute you are 3 referring to in the plea sheet is th 4 e one that requir es registra tion? 5 MS. BELOHLAV EK: Correct. 6 MR. GOLDBERG ER: Correct. 7 THE COURT: And we will talk about 8 that. 9 MR. GOLDBERG ER: Okay. 10 THE COURT: But it is no t the one 11 that requir es the specia l conditions 12 of sex offender prob ation? 13 MS. BELOHLAV EK: Correct. 14 THE COURT: Now, rather than 948, do 15 you want me to disregard 948? He's read 16 it? 17 MS. BELOHLAV EK: He's read it 18 . THE COURT: We will leav e it in 19 there. But these co nditions we are going 20 to go over ri ght now are going to be 21 viewed in my mind, yes, and they have been si 22 gned by the defend ant and we wi ll go over th 23 at in a second as a part of the whole pl 24 ea. MS. BELOHLAV EK: Correct. 25 THE COURT: So circled are PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032251 15 1 conditions, A, you will remain confined to 2 your residence except one half hour before 3 and after your approved employme nt, 4 community service work or any othe r 5 activity approved by your probatio n 6 officer. 7 B, 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 othe r 13 cases I've heard, is the daily log is a 14 weekly log, I guess it is submitte d 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 supposed to be when. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032252 a 16 1 PROBATION OFFICER: That is correct, 2 Your Honor. 3 THE COURT: As will his supervising 4 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 meet s 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, Flor ida, 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 EFTA00032253 4 17 1 THE COURT: That's a private 2 residence? 3 MR. GOLDBERGER: That is his home. 4 THE COURT: Does he own the 5 residence? 6 MR. GOLDBERGER: He does, Your Honor. 7 THE COURT: Is there any possibility 8 that he no longer owns the residenc e? 9 MR. GOLDBERGER: Not anticipated, 10 Your Honor. 11 THE COURT: Okay. Should he not be 12 for whatever reason -- 18 -months is a long 13 time, should he not be owning that 14 residence or able to reside there, he will 15 have the obligation of notifying his 16 probation officer prior, and I emph asize 17 this, prior to his release from custody. I 18 assume that the department will be notified 19 prior to, to his release? 20 PROBATION OFFICER: That is correct, 21 Your Honor. 22 THE COURT: And then you would need 23 to send someone to meet with him befo re he 24 walks out of the Palm Beach County jail and 25 verify his address and employment PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032254 4 18 1 information? 2 PROBATION OFFICER: That is correct. 3 THE COURT: All address -- I assume 4 all of this to and from work and any other 5 approved activities restricts him to Palm 6 Beach County, is that correct? 7 PROBATION OFFICER: That is correct, 8 Your Honor. 9 THE COURT: So let's be clear, 10 everything, from the day he walks out 11 occurs in Palm Beach County, is that clear? 12 MR. GOLDBERGER: We understand, Your 13 Honor. That's correct. 14 THE COURT: Then the additional 15 condition of his probation, they are not 16 sex offender standard conditions, they are 17 just conditions that are being impo sed 18 especially in this case? 19 MS. BELOHLAVEK: Correct. 20 THE COURT: They are as follows, you 21 shall submit to a mandatory curfew from 10 22 p.m. to 6:00 a.m. regardless of any other 23 restrictions regarding work or appr oved 24 activity, there will be no exceptio ns to 25 being at home in house from 10 p.m. to 6 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032255 1 4 19 a.m., is that co rrect? 2 MS. BELOHLAVEK: Yes. 3 THE COURT: If the victim wa s under 4 age of 18 years which I gather is the case 5 because it's circ led, you shall no t live 6 within 1000 feet of a school, day care 7 center, park, pl ayground or other place 8 where children re gularly congregate . 9 Has someone veri fied that 358 El 10 Brillo is such a place? 11 MS. BELOHLAVEK: No, but that will be 12 done prior to his release. 13 THE COURT: So 358 El Brillo will not 14 be approved if it should happen to be one 15 thousand feet from a school, day care 16 center, park, play ground or other pl ace -- 17 this is rather open . 18 MR. GOLDBERGER: Where children 19 gather. 20 THE COURT: Where children re gularly 21 congregate. 22 MS. BELOHLAVEK: Right. 23 THE COURT: The Court knows 35 8 El 24 Brillo Way is a re sidential neighbor hood, 25 are there areas th ere where children PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032256 1 20 regularly cong regate? 2 MS. BELOHLAVEK : I personally 3 do not know. 4 THE COURT: Neither do I, which is 5 why I'm asking . Has that been 6 investigated? 7 MR. GOLDBERGER : We have done our due 8 diligence, fo r what it's wo rth, there is 9 a residential st reet. There are not children 10 congregating on that street. We think the 11 address applie s, if it does n't, we fully 12 recognize that he can't live there. 13 THE COURT: Okay. D is, you shal 14 l not have any co ntact with the victim, are 15 there more than one victim? 16 MS. BELOHLAVEK : There's severa l. 17 THE COURT: Several, all of the 18 victims. So this should be plural. I'm 19 making that pl ural. You are not to have 20 any contact di rect or indire ct, and in this 21 day and age I find it necess ary to go over 22 exactly what we mean by indi rect. By 23 indirect, we me an no text me ssages, no 24 e-mail, no Face Book, no My Sp ace, no 25 telephone call s, no voice ma ils, no PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032257 J 21 1 messages through carrier pigeon, no 2 messages through third parties, no hey 3 would you tell so and so for me, no having 4 a friend, acquai ntance or strang er approach 5 any of these vict ims with a messag e of any 6 sort from you, is that clear? 7 THE DEFENDANT: Yes, ma'am 8 THE COURT: And then it stat es, 9 unless approved by the victim, th e 10 therapist and th e sentencing cour t. Okay. 11 THE DEFENDANT: I understand. 12 THE COURT: And the sentenci ng court. 13 So, if there is a desire which, I wo uld 14 think would be a bit strange to ha ve 15 contact with any of the victims th e court 16 must approve it. 17 MS. BELOHLAVEK: Correct. 18 THE COURT: If the victim was under 19 the age of 18, wh ich was the case , you 20 shall not until you have successf ully 21 attended and comp leted the sex offe nder 22 program. So, is this sex offender program 23 becoming a condit ion of probation? 24 MS. BELOHLAVEK: That is not. I 25 don't believe I ci rcled that one. PHYLLIS A. DAMES, OFFICIAL COURT RE PORTER EFTA00032258 J 22 1 THE COURT: You did. 2 MR. GOLDBERGER: That's a mistake on 3 our part. Actually the stat ute that he is 4 pleading guilty to does not require the 5 THE COURT: I understand that , but 6 you circled it. 7 MS. BELOHLAVEK: I apologize, that B one is not. He has already be en in 9 treatment with a private psychiatri st. 10 THE COURT: Which you find to be an 11 adequate substitu te for sex offend er 12 program? 13 MS. BELOHLAVEK: I -- it is not 14 required and base d upon the evalua tion and 15 my contact with th at doctor, I don' t 16 believe it's nece ssary at this poin t. 17 THE COURT: Has that been -- I assume 18 you have a law de gree and do not ha ve a 19 Ph.D in a psycholo gy or MD in psychi atry? 20 MS. BELOHLAVEK: That is correct, I 21 don't. 22 THE COURT: So it is just your 23 judgement -- 24 MS. BELOHLAVEK: Correct. 25 THE COURT: -- that his trea tment PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032259 i 4 23 1 with some fanc y private psyc hiatrist or 2 psychologist in his case is ok ay? 3 MS. BELOHLAVEK : That is correc t. 4 THE COURT: So you are no t imposing 5 E? 6 MS. BELOHLAVEK : Correct. 7 THE COURT: F, if the vict im was 8 under the age of 18, you shal l not work or 9 play or as a vo lunteer in any school, day 10 care center, park, play grou nd or other 11 place where ch ildren regularl y congregate, 12 is that unders tood? 13 THE DEFENDANT: Yes, ma'am. 14 THE COURT: Children will be defined 15 as anyone unde r the age of 18 . There are a 16 lot of places where children regularly 17 congregate. What kind of wo rk do you do? 18 THE DEFENDANT: Banking. 19 THE COURT: Here in Palm Be ach 20 County? 21 THE DEFENDANT: Virgin Islands, 22 ma'am. 23 THE COURT: You understand you will 24 not travel from Palm Beach Coun ty for the 25 duration of th is? PHYLLIS A. DAME S, OFFICIAL COURT RE PORTER EFTA00032260 1 24 THE DEFENDANT: Yes, ma'am. 2 MR. GOLDBERGER : Your Honor, I' m 3 sorry to interr upt, we do co ver the 4 employment late r in the agreem ent as to 5 what he is goin g to be doing during the one 6 year that he is on community control. 7 THE COURT: Okay. And let me -- 8 condition G, which is circle d, unless 9 otherwise indi cated in the tr eatment plan 10 provided by se xual offender treatment 11 program. 12 MR. GOLDBERGER : That's not in there. 13 THE COURT: Is that what yo u want? 14 MS. BELOHLAVEK : No. 15 THE COURT: But you do want the, you 16 will not view, own or posses s any obscene 17 pornographic -- 18 MS. BELOHLAVEK : Correct. 19 THE COURT: Okay. But are you sayi ng 20 that this ther apist can okay him to own 21 certain pornog raphic material ? 22 MS. BELOHLAVEK : No, not at all. 23 MR. GOLDBERGER : No, Your Honor. 24 THE COURT: Would be really helpful 25 if people read these things be fore they PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032261 1 25 signed them thoroughly. 2 Unless otherw ise indicate 3 d in the treatment pl an. I'm just go ing to stri 4 ke out, provid ed by the se xual offend 5 er treatment pr ogram. Is that what 6 you intend, that his therapis t can 7 MS. BELOHLAV EK: No. 8 THE COURT: No? 9 MS. BELOHLAV EK: No. 10 THE COURT: Unless othe rwise 11 indicated. 12 MR. GOLDBERG ER: The parties 13 have agreed that during the period that 14 he is cannot be -- 15 THE COURT: Condition G will now 16 read, you sh all not view , own, poss 17 ess any obscene, po rnographic or sexually 18 stimulating visual or au ditory mate 19 rial including te lephonic, el ectronic medi 20 a, computer pr ogram or comp uter servic 21 es that are relevant to your devi ant behavior 22 pattern. And who is go ing to enfo 23 rce that? MS. BELOHLAV EK: The co mmunity 24 control offi cer. 25 THE COURT: How? PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032262 J .1 26 1 MS. BELOHLAVEK: They have the 2 obligation and included in ther e for 3 warrantless sear ch to check at any time his 4 home, his comput er, anything he has contact 5 with. 6 THE COURT: And do they re gularly do 7 that? 8 PROBATION OFFICE R: Yes, ma'am. 9 THE COURT: Since we have the 10 pleasure of havi ng someone from th e 11 Department of Co rrections here. 12 Okay. H, you shall subm it two 13 specimens of bloo d to the Florida 14 Department of Law Enforcement to be 15 registered in the DNA data bank. 16 J, you shall subm it to a 17 warrantless search by your probation 18 officer or commun ity control offi cer of 19 your person, resi dence or vehicle. 20 G -- where is th e G? 21 MS. BELOHLAVEK: That was under th e 22 original part, no t under the sex offender 23 one. 24 THE COURT: Okay. Defendant to have 25 contact with the community control officer PHYLLIS A. DAMES, OFFICIAL COURT REPO RTER EFTA00032263 1 4 1 27 at a minimum one time a week . 2 Defendant to wo rk at Florida 3 Science Founda tion, 250 Aust ralian Avenue, 4 West Palm Beac h, Florida. Is that 5 volunteer work or work for pa y? 6 MR. GOLDBERGER : It is a 501C 7 corporation th at he has form ed, Your Honor, 8 that will be doing charitab le work. 9 THE COURT: That he has fo rmed? 10 MR. GOLDBERGER : Yes. 11 THE COURT: What exactly is Florida 12 Science Founda tion? 13 MR. GOLDBERGER : Do you want to 14 explain? 15 THE DEFENDANT: It funds scienc e 16 programs around the state and the country. 17 THE COURT: How long has it been in 18 existence? 19 THE DEFENDANT: Fifteen years. 20 THE COURT: How many progra ms has it 21 funded? 22 THE DEFENDANT: Numerous, more than 23 50. 24 THE COURT: What is your po sition 25 with the organi zation? PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032264 I a 1 28 THE DEFENDANT: President. 2 THE COURT: Is there a bo ard of 3 directors? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: Who's on the board of 6 directors? 7 THE DEFENDANT: Two attorneys. 8 THE COURT: What exactly do you do? 9 THE DEFENDANT: I'm an invest ment 10 banker but my -- 11 THE COURT: No, no, I mean with the 12 science founda tion. 13 THE DEFENDANT: We fund 14 science progra ms -- 15 THE COURT: I don't want to know what 16 we do, I want to know what yo u do. How 17 often are you there? 18 THE DEFENDANT: I'm there ever y day, 19 I research, I take in people who want to 20 make presentati ons about why they need 21 money for fund ing medical re search, 22 advanced scienc e research. My background 23 is in physics. I go through al l the 24 programs in de tail, review th e science work 25 potentials, I follow through on a daily PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032265 a a 29 1 basis with what they have been gi ven money 2 to do. 3 THE COURT: Who are some rece nt 4 grantees? 5 THE DEFENDANT: Harvard University . 6 There is a full program of Evolut ionary 7 Dynamics, Neuro Science Institute of 8 California, the Ph ysics Institute, MIT. 9 THE COURT: Do you ever have occasion 10 to deal with anyo ne under the age of 11 eighteen? 12 THE DEFENDANT: Not very often. It 13 is, if someone is in college -- sorr y. 14 THE COURT: Right, that's why I'm 15 asking the questi on. 16 THE DEFENDANT: Most of the people I 17 fund are all usua lly professors. 18 THE COURT: Thank you. You 19 understand that yo u can't have contac t with 20 anyone if this organization, do they 21 ever have any invo lvement with high 22 schools? 23 THE DEFENDANT: No, ma'am. 24 THE COURT: Students or teache rs? 25 THE DEFENDANT: No, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORT ER EFTA00032266 1 30 THE COURT: Okay. 2 MS. BELOHLAVEK : Those are 3 duplicates, yo u will see thos e are the same 4 as the ones on the previous pa ge, however, 5 it was reproduc ed. 6 THE COURT: The next condit ion, you 7 shall maintain a driving log. You shall 8 not drive a mo tor vehicle wh ile alone 9 without prior approval of yo ur supervising 10 officer. 11 If there was se xual contact, you 12 shall submit to at probationer' s or 13 community contro llee's expense an HIV test 14 with results to be released to the victims, 15 victim's parent or guardian -- will be 16 victims, plural . Has that been done? 17 MR. GOLDBERGER : Not yet. 18 THE COURT: Do we have a ti me frame 19 on that? I would think ASAP might be good 20 on something li ke that. 21 MS. BELOHLAVEK : I believe they can 22 actually do th at at the jail. 23 THE COURT: At his expense? 24 MS. BELOHLAVEK : Yes. 25 THE COURT: I would reques t that that PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032267 J -I 1 31 be done within 48 hours? 2 You shall not obtain or use a post 3 office box wi thout prior ap proval of the 4 supervising of ficer. 5 Okay. Are all those conditions 6 you two have agreed to? 7 MS. BELOHLAVEK : Yes, Your Hono r. 8 MR. GOLDBERGER : With the court' s 9 amendments, ye s. 10 THE COURT: Mr. Epstein, do you 11 understand? 12 THE DEFENDANT: Yes, ma'am. 13 THE COURT: I need the defe ndant to 14 sign number D where I had an s added to 15 victim, and G, we struck out the otherwise 16 indicated lang uage. Otherwis e, it is as 17 you agreed. 18 Mr. Epstein, do you understa nd 19 this is a some what complicate d terms of the 20 plea that you' ve agreed to? 21 THE DEFENDANT: Yes, ma'am 22 THE COURT: Do you have an y questions 23 about the term s of the plea ? 24 THE DEFENDANT: No. 25 THE COURT: Can I ask the State why PHYLLIS A. DAME S, OFFICIAL COURT REPORTER EFTA00032268 L_ 32 1 you choose -- or defense and the State 2 together, why twelve months in the Palm 3 Beach County jail followed by six months? 4 Why not just send him to DOC? 5 MR. GOLDBERGER: It was the agreement 6 of the parties, Your Honor. We just 7 decided that was the best way to accomplish 8 what needed to be done here and the parties 9 agreed that that sentence satisfied 10 everyone's requirements. 11 THE COURT: The taxpayers of Palm 12 Beach County is going to pay 18 months to 13 house this guy instead of DOC? 14 MS. BELOHLAVEK: Right. 15 THE COURT: You understand we're 16 losing positions left and right in county 17 government because we haven't got enough 18 money but you want -- okay. 19 His requirement to register there 20 is many, many -- there is nine pages 21 outlining the sexual offender's requirement 22 to register with the department and 23 penalty, have you read all those, 24 Mr. Epstein? 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032269 41 i 33 1 THE COURT: Do you understand you 2 will be required to register and this will 3 be an ongoing li fe long obliga tion? 4 THE DEFENDANT: Yes, ma'am. 5 THE COURT: And this regist ration 6 occurs when? 7 MS. BELOHLAVEK: Within 48 -hours of 8 release. 9 THE COURT: So when he gets out of 10 the Palm Beach Co unty jail, he need s to 11 register? Okay. And the department -- who 12 is going to prov ide him with the form? 13 MR. GOLDBERGER: He actually 14 registers out at the Sheriff's Offi ce, Your 15 Honor, we can do it out there. 16 THE COURT: Okay. It has been 17 brought to my atte ntion that FDLE is the 18 one who is statut orily required to handle 19 these registrati ons but some of ou r 20 municipal jurisd ictions have take n it upon 21 themselves to im pose additional 22 requirements, y'al l understand that ? 23 MS. BELOHLAVEK: Correct. 24 MR. GOLDBERGER: Right. 25 THE COURT: What you are tell ing him PHYLLIS A. DAMES, OFFICIAL COURT RE PORTER EFTA00032270 1 34 he has to do is the offici al State of 2 Florida regist ration? 3 MS. BELOHLAV EK: Correct. 4 THE COURT: Mr. Epstein, I need to 5 make sure yo u understand that that's 6 what's required by this plea. Anyone on 7 probation, co mmunity cont rol is requir 8 ed to live and abid e by the laws . So if a 9 jurisdiction you choose to reside in sh 10 ould have some ad ditional muni cipal requirem 11 ents you will be required in or der to comply 12 with the law of living ther e, just like 13 you can't get a pa rking ticket or speeding 14 ticket, to co mply with th ose regulation 15 s but I want to make sure you understand 16 because I have seen some defe ndants who 17 have been conf used about th is. If you 18 don't, for ex ample, if th e Town of Palm 19 Beach has yo u register th at does not ta 20 ke care of your requirement. Your requirem 21 ent to register wi th FDLE thro ugh the Sherif 22 f's office is sepa rate, distinct and must be 23 done on thei r form accord ing to their 24 schedule. 25 THE DEFENDANT: Yes, ma'am. PHYLLIS A. DAME S, OFFICIAL COUR T REPORTER EFTA00032271 40 1 4 35 THE COURT: And if my ex perience the 2 last few mo nths is of an y value, th 3 ey are very seriou s about enfo rcing this. 4 They will be trac king you fo r the rest 5 of your life. Do not move . Do not go -- 6 I don't care when yo u are done wi th communit 7 y control, th ey need to know exactl 8 y where you are and if you go an ywhere with 9 out registering, they will fi nd and you 10 will be locked up. 11 THE DEFENDAN T: Yes, ma'am. 12 THE COURT: Okay. Any question 13 s about that? 14 THE DEFENDAN T: No, ma'am. 15 THE COURT: Did you read the plea in 16 the circuit court form th at describe 17 s all the rights yo u are giving up by enteri 18 ng this plea? 19 THE DEFENDAN T: Yes, ma'am. 20 THE COURT: I think I as ked you 21 before, can you read? 22 THE DEFENDAN T: Yes. 23 THE COURT: Are you unde r the 24 influence of alcohol, drug s or medicati 25 on today? PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032272 1 36 THE DEFENDAN T: No, ma'am. 2 THE COURT: Normally ta king any 3 prescribed medication? 4 THE DEFENDAN T: Only for ch 5 olesterol. THE COURT: Does that in terfere with 6 your mental ability? 7 THE DEFENDAN T: No. 8 THE COURT: Do you unde rstand you 9 have an atto rney, you ha ve a right 10 to trial by jury, th ere is not going to be 11 a jury trial. There won't be witnesse s called. 12 That your at torney and you would ha 13 ve a right to conf ront and cr oss examine, 14 do you understand you have a ri ght to call 15 witnesses of your own and the court wo 16 uld issue subpoe nas to compel their attend 17 ance just like an y other witn ess called by 18 the State, that you have the right -- ab 19 solute right to re main silent and that yo 20 u would not have to say or do an ything at th 21 e trial if there we re a trial, do you unders 22 tand those rights ? 23 THE DEFENDAN T: Yes, ma'am. 24 THE COURT: Do you unde rstand if yo 25 u are not a Un ited States citizen your plea PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032273 1 could subjec 4 37 t you to de portation pursuant 2 to the laws and regulati ons governing th 3 e United States Immigration and 4 Naturalizati on Service and this co S urt has no jurisdic tion or auth ority in su 6 ch matters, do you understa nd that? 7 THE DEFENDAN T: Yes. 8 THE COURT: Has anybody threatened 9 you, coerced you or promis ed you anyt 10 hing other than the terms of this plea to 11 get you to enter this plea? 12 THE DEFENDAN T: No. 13 THE COURT: Do you unders tand this is 14 a plea in cr iminal court? 15 THE DEFENDAN T: Yes, ma'am. 16 THE COURT: This has -- in criminal 17 court in Palm Beach County , State of 18 Florida. I have absolu tely nothin 19 g to do with any civi l matters or matters in 20 any other jurisd iction, do yo u understand 21 that? THE DEFENDAN T: Yes, ma'am. 22 THE COURT: Is this plea in any way 23 tied to any promises or representati 24 ons by any civil at torneys or other jurisd 25 ictions? MR. GOLDBERG ER: May we come sidebar PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032274 1 38 on that, Yo ur Honor? 2 THE COURT: It is going to be 3 recorded. 4 MR. GOLDBERG ER: That's fine 5 . THE COURT: Defendant ne eds to 6 approach as well. 7 (Whereupon, there was a conference at 8 the bench. ) 9 MR. GOLDBERG ER: The reason 10 why I asked to co me sidebar, there is a 11 nonprosecuti on agreement with the Un 12 ited States Atto rney's office that trigge 13 rs as a result of th is plea agre ement. In other 14 words, they have signed off and said 15 they will not pros ecute Mr. Ep stein in the 16 Southern Di strict of Fl orida for an 17 y offense upon his successf ul taking of 18 this plea today. That is a co nfidential 19 document that the parties have agreed 20 to. Just in an ab undance of caution, I wa 21 nted to tell the court. 22 THE COURT: I understand , that would 23 also be inva lidated should he vi 24 olate his community co ntrol? 25 MR. GOLDBERG ER: Absolutely. That PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032275 a a 1 39 nonprosecuti on agreement -- 2 MS. BELOHLAV EK: They spell 3 all that out. 4 THE COURT: Mr. Epstein needs to co 5 me closer. 6 Mr. Epstein, your attorn 7 ey has told me that in addition to everythi 8 ng, we talked abou t another In ducement, sh 9 all we say, to your taking this plea is that 10 the U.S. Attorn ey for the So uthern Dist 11 rict of the State of Florida, fede ral prosecut 12 or, has agreed to a nonprose cution agre 13 ement with you, me aning that if you succ 14 essfully complete prob ation and do everything 15 you're supposed to , they have , have agreed 16 not to prosecute yo u federally, did you unde 17 rstand that? 18 THE DEFENDAN T: Yes, ma'am. 19 THE COURT: And I would view that as 20 a significan t inducement in accepting 21 this plea. 22 MS. BELOHLAV EK: They are actu 23 ally in court here to day, also. 24 THE COURT: Okay. 25 MR. GOLDBERG ER: And the plea PHYLLIS A. DAME S, OFFICIAL COUR T REPORTER EFTA00032276 1 40 agreement ve ry carefull y spelled ou 2 t if there was a breach that would violat 3 e this agreement, so we are we ll aware of 4 it. THE COURT: Okay. I would requ 5 est that a seal ed copy of th at -- Mr. Ep 6 stein has signed that docume nt? 7 MR. GOLDBERG ER: Yes, I woul 8 d like to seal the copy . 9 THE COURT: I want a seal ed copy of 10 that filed in this case . That is the 11 only other condit ion of the agreemen 12 t that is influencing this defendan t to make th 13 is decision? 1 14 MR. GOLDBERG ER: Absolutely. 15 I think that's the ri ght idea. 16 (Return to I open court.) 17 THE COURT: Mr. Epstein, is there 18 anything el se? 19 THE DEFENDAN T: No, ma'am. 20 THE COURT: Because I do n't take 21 these pleas unless they are freely an 22 d voluntarily made. 23 THE DEFENDAN T: I understand 24 that. THE COURT: I also don't want 25 somebody or anybody comi ng back a ye ar, PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032277 1 two years fr • 41 om now sayi ng, oh no, 2 no, they beat me over the head or if there is 3 anything el se that is influencing 4 you to make this de cision, then I need to kn 5 ow about it. 6 THE DEFENDAN T: I understand 7 that. MR. GOLDBERG ER: Thank you. 8 THE DEFENDAN T: Thank you ve 9 ry much, Your Honor. 10 (Return to open court. ) 11 THE COURT: All right, Mr. Epstein, 12 any question s about the rights you 13 are giving up by entering this plea? 14 THE DEFENDAN T: No ma'am. 15 THE COURT: State, plea se give me 16 a factual basi s. 17 MS. BELOHLAV EK: In 069454 CF 18 AMB, between Augu st 1, 2004 and October 19 31, 2005, the de fendant in Palm Beach 20 County did solicit or procure someone to co 21 mmit prosecution on three or more occasion 22 s. And in 08 CF 9381 CF AMB 23 between August 1, 20 04 and Octo ber 9, 2005 24 , the defendant di d procure a minor under 25 the age of 18 to co mmit prostitu tion in Palm Beach PHYLLIS A. DA MES, OFFICIAL COUR T REPORTER EFTA00032278 a 42 1 County also. 2 THE COURT: I find a sufficient 3 factual basis to support the plea s. 4 Are all of the victims in both of 5 these cases in agreement with the terms of 6 this plea? 7 MS. BELOHLAVEK: I have spoken to 8 several myself and I have spoken to 9 counsel, through counsel as to the other 10 victim, and I believe, yes. 11 THE COURT: And with regard to the 12 victims under age eighteen, is that 13 victim's parents or guardian in agre ement 14 with the plea? 15 MS. BELOHLAVEK: That victim is not 16 under age 18 any more and that's why we 17 spoke with her counsel. 18 THE COURT: And she is in agreement 19 with the plea? 20 MS. BELOHLAVEK: Yes. 21 THE COURT: And community control 22 will be given information concerning how to 23 contact these victims? 24 MS. BELOHLAVEK: Yes. 25 THE COURT: Confidentially. That PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032279 I a 43 1 information will not be related to the 2 defendant but will be used excl usively for 3 purposes of verifying compliance with this 4 agreement? 5 MS. BELOHLAVEK: Yes. 6 THE COURT: Is there anything else 7 from anybody else before I accept this 8 plea? 9 MR. GOLDBERGER: No, Your Honor. 10 THE COURT: Mr. Goldberger, if it is 11 your desire, you may enter your clie nt's 12 plea. 13 MR. GOLDBERGER: Thank you, Your 14 Honor, at this time we would withdraw our 15 previously entered pleas of not guil ty, 16 enter pleas of guilty pursuant to 17 negotiations with the State. 18 THE COURT: Mr. Epstein, I am going 19 to accept those pleas on your behalf. I 20 find you are intelligent, alert, you 21 understand what is going on here and the 22 consequence of entering this plea, you are 23 doing it freely and voluntarily. 24 Pursuant to the plea, I am waiving 25 a PSI, I will sentence you at this time PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032280 44 1 pursuant to it. I will adjudicate you 2 guilty of felony solici tation of 3 prostitution, a third degree felony, case 4 number 06 CF 00945A -- 454 AMB, and 5 procuring a person und er 18 for 6 prostitution, a second degree felony 08 CF 7 009381AMB. 8 With respect to the sol icitation 9 of prosecution, I will sentence you to 10 twelve months in the Pal m Beach County 11 detention facility wit h credit for the one 12 day served. 13 With respect to 08 CF 009381, I 14 will sentence you to six months in the Palm 15 Beach County detention fac ility, with 16 credit for the one day ser ved. That six 17 month sentence is to be served consecutive 18 to the twelve month senten ce. 19 Following the six month sentence 20 you will be placed on 12 months of 21 community control. That will be on both 22 cases, I assume, to run con currently, 23 correct? 24 MS. BELOHLAVEK: Only on the 08 case. 25 THE COURT: Only on the second degree PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032281 a • 45 1 felony? 2 MS. BELOHLAVEK: Correct, the one 3 that designates him a sexual offender. 4 THE COURT: Okay. So only on case 5 number 08 CF 009381AMB will you be on one 6 year community control which woul d then 7 invoke a potential penalty of fift een years 8 were you to violate. 9 The special conditions are that 10 you are to have no unsupervised cont act 11 with minors and the supervising adul t must 12 be approved by the Department of 13 Corrections. You are to be designated a 14 sexual offender pursuant to Florida Stat ute 15 943.0435 and you must abide by all 16 requirements of that statute which I have 17 read and we have discussed. 18 You will remain confined to your 19 residence except one half hour befo re and 20 after your approved employment, comm unity 21 service work or other activities approved 22 by your probation officer. You will 23 maintain an hourly accounting of all your 24 activity on a daily log which you submit to 25 the supervising officer upon request. PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032282 46 1 You will be residing at 358 El 2 Brillo Way, Palm Beach, Florida 33480. 3 Should you desire to move or go to a 4 different location upon release from 5 custody, you will get preapproval of that 6 location from the Department of 7 Corrections. You will have to contact your 8 community control officer a minimum of once 9 a week, it can be more often at thei r 10 discretion and you are to work at the 11 Florida Science Foundation at 250 12 Australian Avenue in West Palm Beac h, 13 Florida. You will submit to a mandatory 14 curfew of 10 p.m. to 6 a.m. 15 You shall not live within a 16 thousand feet of a school, day care center, 17 park, playground or other place wher e 18 children congregate. You shall not have 19 any contact with the victims, directly or 20 indirectly including through a thir d person 21 unless approved by victim's therapis t and 22 the sentencing court. 23 You shall not work for pay or as a 24 volunteer at any school, day care center 25 park, play ground, other place wher e PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032283 J 47 1 children may congregat e. You shall not 2 view, own or possess any obscene 3 pornographic or sexual ly stimulating or 4 visual, auditory materi al including 5 telephone, electronic media, computer 6 programs, computer ser vices that are 7 relevant to deviant beh avior. 8 You shall submit two spe cimens of 9 blood to Florida Depart ment of Law 10 Enforcement to be regist ered with the DNA 11 data bank. You shall submit to a 12 warrantless search by the probation officer 13 or community control off icer of your 14 person, residence or veh icle. 15 You shall maintain a drivin g log. 16 You shall not drive a mot or vehicle while 17 alone without prior approv al of the 18 supervising officer. 19 You shall submit to, at 20 probationer or community control expense a 21 HIV test, the result of which is to be 22 released to the victim s or victim's parent 23 or guardian. That has to be done within 48 24 hours. 25 You shall not obtain or a use post PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032284 48 1 office box without the prior approval of • 2 3 the supervising officer. MS. BELOHLAVEK: You forgot one that 4 you may not possess, own or view sexually 5 stimulating -- I don't believe you read 6 that outloud just now. 7 THE COURT: Yes, I did. 8 MS. BELOHLAVEK: I'm sorry, I didn't 9 hear it. I just wanted to make sure. 10 THE COURT: And the warrantless 11 search by the community control officer of 12 the person, residence or vehicle -- 13 understand the person, residence or vehicle e 14 includes anything you might possess like 15 computer, a cell phone and whatever other 16 elaborate devices there are to communicate 17 electronically these days, okay. Good 18 luck. 19 MR. GOLDBERGER: Thank you. 20 MS. BELOHLAVEK: Thank you. 21 THE COURT: Is there a judgment? 22 MR. GOLDBERGER: Yes, there should be 23 judgments. 24 THE COURT: Was there a condition of 25 community control that he pay or is he PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032285 _. 49 1 paying it? • 2 3 MR. GOLDBERGER: Actually there is a cash bond posted, court cost can be 4 deducted from the cash bond. 5 THE COURT: $574 is the total? 6 MS. BELOHLAVEK: Correct. 7 THE COURT: Is that to cover both 8 cases? 9 MR. GOLDBERGER: Yes. 10 THE COURT: Thank you. 11 MR. GOLDBERGER: Thank you, Your 12 Honor. 13 (Whereupon, at 9:48 o'clock a.m. • 14 proceedings before the Court conclude the d.) 15 16 17 18 19 20 21 22 23 24 • 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER 1 EFTA00032286 50 1 CERTIFICATE 2 3 THE STATE OF FLORIDA, 4 COUNTY OF PALM BEACH. 5 I, PHYLLIS A. DAMES, Official Court 6 Reporter for the Fifteenth Judicial Circuit, 7 Criminal Division, in and for Palm Beach County, 8 Florida; do hereby certify that I was authorized 9 to and did report the foregoing proceedings before 10 the Court at the time and place aforesaid; and 1 through 49, 11 that the preceding pages numbered from 12 inclusive, represent a true and accurate 13 transcription of my stenonotes taken at said 14 proceedings. 15 IN WITNESS WHEREOF, I have hereunto 19th day of 16 affixed my official signature this 17 July, 2008. 18 19 20 14,9 21 PHYL S A. DAMES 22 23 24 25 PHYLLIS A. DAMES, OFFICIAL COURT REPORTER EFTA00032287