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SUPREME COURT OF THE STATE OF NEW YORK 
APPELLATE DIVISION - FIRST DEPARTMENT 
x 
THE PEOPLE OF THE STATE OF NEW 
App. Div. No. 6081 
YORK, 
- against - 
JEFFREY E. EPSTEIN, 
Respondent, 
AFFIRMATION OF JOHN M. 
BROWNING IN SUPPORT OF 
MOTION TO UNSEAL 
On Appeal from New York Supreme Court, 
Defendant-Appellant. : 
New York County, Index No. 30129/10 
(Pickholz, J.) 
 
 x 
John M. Browning, an attorney duly admitted to practice before the Courts of the State of 
New York, affirms the following under penalties of perjury: 
1. 
I am an associate of Davis Wright Tremaine LLP, attorneys for non-party movant 
NYP Holdings, Inc., publisher of the New York Post (the "Post") and I submit this affirmation in 
support of the Post's motion to unseal the briefs filed by the parties in the above-captioned 
appeal. 
2. 
The grounds for unsealing the appeal briefs in this action are set forth in the 
accompanying memorandum of law. I submit this affirmation to annex relevant documents and 
to state facts that are relevant to this motion, of which I have personal knowledge. 
3. 
Annexed hereto as Exhibit A is a true and correct copy of an article written by 
Julie K. Brown and published by the Miami Herald on November 28, 2018, entitled "Cops 
worked to put serial sex abuser in prison. Prosecutors worked to cut him a break." 
4. 
Annexed hereto as Exhibit B is a true and correct copy of an article written by 
Rebecca Rosenberg and Danika Fears, which was published by the Post on January 7, 2015, 
entitled "DA's office `went easy' on sex offender Epstein." 
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4840-5788-8644v.I 3930033-000039 
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5. 
Annexed hereto as Exhibit C is a true and correct copy of an article written by 
Rebecca Rosenberg, Larry Celona, Susan Edelman and Isabel Vincent, which was published by 
the Post on December 1, 2018, entitled "Manhattan DA sided with pedophile billionaire after 
botching investigation." 
6. 
On or about December 4, 2018, Post reporter Susan Edelman contacted Danny 
Frost, Director of Communications for Manhattan District Attorney Cyrus Vance Jr., and 
requested copies of the briefs filed by the District Attorney's office in the above-captioned 
appeal. Ms. Edelman stated that names of victims could be redacted before the briefs were 
disclosed. 
7. 
Mr. Frost responded that he could not provide Ms. Edelman with copies of the 
briefs because they were filed under seal pursuant to N.Y. Civil Rights Law 50-b and that the 
District Attorney's office could only release the briefs, even with victims' names redacted, if this 
Court ordered the briefs to be unsealed. 
8. 
Mr. Frost further indicated by email that "[i]f the Post petitions the court, and the 
court asks the People for our position, we will not oppose the petition for a redacted brief' 
(emphasis in original). 
9. 
On or about December 18, 2018, I contacted Jay Lefkowitz, who represented 
appellant Jeffrey Epstein in the above-captioned appeal. Mr. Lefkowitz told me that he no 
longer represents Mr. Epstein and referred me to Martin Weinberg, who currently acts as counsel 
for Mr. Epstein. 
10. 
On or about December 20, 2018, I spoke with Mr. Weinberg and explained the 
nature of the Post's motion to unseal the redacted briefs and the position taken by the Manhattan 
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4840-5788-8644v.I 3930033-000039 
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District Attorney. Mr. Weinberg told me that he was unable to take a position on the Post's 
motion without first reviewing it and reserved the right to file an opposition, if necessary. 
Dated: New York, New York 
December 21, 2018 
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4840-57884644v.1 3930033-000039 
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EXHIBIT A 
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Cops worked to put serial sex 
abuser in prison. Prosecutors 
worked to cut him a break 
BY JUL IE K. BROWN 
NOV. 28. 2018 
PERVERSION 
ofJUSTICE 
A decade before #MeToo, a multimillionaire sex offender from Florida got the ultimate 
break. 
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Palm Beach, Florida 
November 2004 
Jane Doe 
climbed a narrow, winding staircase, past walls covered with 
photographs of naked girls. At the top of the stairwell was a vast master bed and 
bath, with cream-colored shag carpeting and a hot pink and mint green sofa. 
The room was dimly lit and very cold. 
There was a vanity, a massage table and a timer. 
A silver-haired man wearing nothing but a white towel came into the room. He 
lay facedown on a massage table, and while talking on a phone, directed 
to 
rub his back, legs and feet. 
is one of the over 100 middle school and high school-aged girls that Palm Beach billionaire, Jeffrey 
Epstein, is accused of sexually assaulting. 
, now an adult living near Nashville, recalls her experience with 
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Epstein at his Palm Beach mansion while she was a sophomore at Royal Palm Beach High School. 
EMILY MICHOT EMICHOT@MIAMIHERALOCOM 
After he hung up, the man turned over and dropped his towel, exposing himself. 
He told 
to get comfortable and then, in a firm voice, told her to take off 
her clothes. 
At 16, 
had never before been fully naked in front of anyone. Shaking and 
panicked, she mechanically pulled off her jeans and stripped down to her 
underwear. He set the timer for 30 minutes and then reached over and 
unsnapped her bra. He then began touching her with one hand and masturbating 
himself with the other. 
"I kept looking at the timer because I didn't want to have this mental image of 
what he was doing," she remembered of the massage. "He kept trying to put his 
fingers inside me and told me to pinch his nipples. He was mostly saying `just do 
that, harder, harder and do this. ..: " 
After he ejaculated, he stood up and walked to the shower, dismissing her as if 
she had been in history class. 
It wasn't long before a lot of 
fellow students at Royal Palm Beach High 
School had heard about "a creepy old guy" named Jeffrey who lived in a pink 
waterfront mansion and was paying girls $200 to $300 to give him massages that 
quickly turned sexual. 
Eventually, the Palm Beach police, and then the FBI, came knocking on 
door. In the police report, 
was referred to as a Jane Doe in order to protect 
her identity as a minor. 
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Palm Beach home of registered sex offender, Jeffrey Epstein. 
PEDRO PORTAL PPORTAL@MIAMIHERALD.COM 
There would be many Jane Does to follow: Jane Doe No. 3, Jane Doe No. 4, Jane 
Does 5, 6, 7, 8 — and as the years went by — Jane Does 1O2 and 1O3. 
Long before #MeToo became the catalyst for a women's movement about sexual 
assault — and a decade before the fall of Harvey Weinstein, Bill Cosby and U.S. 
Olympic gymnastics doctor Larry Nassar — there was Jeffrey Edward Epstein. 
Epstein, a multimillionaire hedge fund manager whose friends included a 
constellation of entertainers, politicians, business titans and royalty, for years 
Jured teenage_girls to his Palm Beach mansion as  part of a cult-like sex  pyramid 
scheme, police in the town of Palm Beach found. 
The girls arrived, sometimes by taxi, for trysts at all hours of the day and night. 
Few were told much more than that they would be paid to give an old man a 
massage — and that he might ask them to strip down to their underwear or get 
naked. But what began as a massage often led to masturbation, oral sex, 
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intercourse and other sex acts, police and court records show. The alleged abuse 
dates back to 2001 and went on for years. 
Palm Beach multimillionaire Jeffrey Epstein is a free man, despite sexually abusing dozens of underage girls 
according to police and prosecutors. His victims have never had a voice, until now. 
BY EMILY MICHOT ■ I JULIE K. BROWN ii 
In 2007, despite ample physical evidence and multiple witnesses corroborating 
the girls' stories, federal prosecutors and Epstein's lawyers quietly put together a 
remarkable deal for Epstein, then 54. He agreed to plead guilty to two felony 
prostitution charges in state court, and in exchange, he and his accomplices 
received immunity from federal sex-trafficking charges that could have sent him 
to prison for life. 
He served 13 months in a private wing of the Palm Beach County stockade. ilia 
alleged co-conspirators, who helped schedule his sex sessions, were never 
prosecuted. 
The deal, called a federal non-prosecution agreement, was sealed so that no one 
— not even his victims — could know the full scope of Epstein's crimes and who 
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else was involved. The U.S. attorney in Miami, Alexander Acosta, was personally 
involved in the negotiations, records, letters and emails show. 
Acosta is now a member of President Donald Trump's Cabinet. As U.S. secretary 
of labor, he has oversight over international child labor laws and human 
trafficking and had recently been mentioned as a possible successor to former 
U.S. Attorney General Jeff Sessions, who resigned under pressure in early 
November. It was reported on Thursday, a day after this story posted online, that 
he was no longer in the running. 
Alex Acosta, Federal Attorney, speaks during a press conference celebrated during the opening sesion of South 
Florida Anti-Gang Summit at Miami Hilton Hotel on Sept. 29, 2008 in Miami, Fl. (Cristobal Herrera/Sun 
Sentinel/INS) 
CRISTOBAL HERRERA TNS 
The Miami Herald analyzed thousands of  pages of court records and lawsuits, 
witness depositions and newly released FBI documents, and also identified more 
than 80 women who say they were victimized. They are scattered around the 
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country and abroad. Until now, those victims — today in their late 20s and early 
30s — have never spoken publicly about how they felt shamed, silenced and 
betrayed by the very people in the criminal justice system who were supposed to 
hold Epstein accountable. 
"How come people who don't have money get sent to jail — and can't even make 
bail — and they have to do their time and sit there and think about what they did 
wrong? He had no repercussions and doesn't even believe he did anything 
wrong," said 
now 30. 
is one of the over 100 middle school and high school-aged girls that Palm Beach billionaire, Jeffrey 
Epstein, is accused of sexually assaulting. 
M
,
 
now an adult living near Nashville, recalls her experience with 
Epstein at his Palm Beach mansion while she was a sophomore at Royal Palm Beach High School. 
EMILY MICHOT EMICHOT@MIAMIHERALD.COM 
is among 36 women who were officially identified by the FBI and the U.S. 
Attorney's Office as victims of Epstein, now 65. But after the FBI case was closed 
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in 2008, witnesses and alleged victims testified in civil court that there were 
hundreds of  girls who were brought to Epstein's homes, including girls from 
Europe, Latin America and former Soviet Republic countries. 
But Acosta and Epstein's armada of attorneys — Harvard professor Alan 
Dershowitz, Jay Lefkowitz, Gerald Lefcourt, Jack Goldberger, Roy Black, Guy 
Lewis and former Whitewater special prosecutor Kenneth Starr — reached a 
consensus: Epstein would never serve time in a federal or state prison. 
READ NEXT 
LOCAL 
Sex abuser Jeffrey Epstein was surrounded by powerful people. Here's a sampling 
NOVEMBER 28, 2018 8:00 AM 
POLICE UNDER PRESSURE 
There were really just two people willing to risk their careers to go after Epstein: 
Palm Beach Police Chief Michael Reiter and Detective Joseph Recarey. 
For Reiter, business tycoon Jeffrey Epstein wasn't any more formidable than any 
of the other 8,000 or so wealthy and powerful people living on the island. Police 
had handled sensational cases involving wealthy residents before — from the 
murders of heiresses to the rape case involving William Kennedy Smith, of the 
Kennedy family. 
The easternmost town in Florida, Palm Beach is a 10.4-square-mile barrier island 
between the Intracoastal Waterway and the Atlantic Ocean populated by some of 
the richest people in the country. President Trump has his "winter White House" 
in Palm Beach, and the town makes news as much for its glitz as it does for its 
unusual efforts to preserve its well-mannered image, like banning shirtless 
joggers. 
But it was a little surprising, even to Reiter, to learn that one of its residents had a 
revolving door of middle and high school girls coming to his gated compound 
throughout the day and night. 
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In their first on-the-record media interviews about the case, Reiter and Recarey 
revealed new details about the investigation, and how they were, in their view, 
pressured by then-Palm Beach State Attorney Barry Krischer to downgrade the 
case to a misdemeanor or drop it altogether. 
Former Palm Beach County Police Detective Joe Recarey was the lead detective on the solicitation-of-minors case 
against billionaire Jeffrey Epstein. 
EMILY MICHOT EMICHOT@MIAMIHERALD.COM 
Between March of 2005 — when the case was opened — and seven months later, 
when police executed a search warrant at Epstein's home, Recarey had identified 
21 possible victims, according to a copy of the unredacted police report obtained 
by the Herald. By the time police felt they had enough evidence to arrest Epstein 
on sex charges, they had identified about 35 possible underage victims and were 
tracking down at least a dozen more, the police report said. 
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"I was surprised at how quickly it snowballed. I thought at some point there 
would be a last interview, but the next victim would supply me with three or four 
more names and the next one had three or four names and it just kept getting 
bigger and bigger," Recarey said. 
By then, word had gotten back to Epstein from some of the girls that they had 
been questioned by police. Epstein hired famed lawyer Alan Dershowitz. 
"Alan Dershowitz flew down and met privately with Krischer," Recarey said. "And 
the shenanigans that happened, I don't think I've ever seen or heard of before." 
Police reports show that Epstein's private investigators attempted to conduct 
interviews while posing as cops; that they picked through Reiter's trash in search 
of dirt to discredit him; and that the private investigators were accused of 
following the girls and their families. In one case, the father of one girl claimed 
he had been run off the road by a private investigator, police and court reports 
show. 
Support investigative journalism 
The Miami Herald obtained thousands of FBI and court records, lawsuits, and witness depositions, and went to 
federal court in New York to access sealed documents in the reporting of "Perversion of Justice? The Herald 
also tracked down more than 60 women who said they were victims, some of whom had never spoken of the 
abuse before. 
Your digital subscription, starting at $0.99 for the first month, supports investigative journalism like this. 
CLICK TO SUBSCRIBE 
Several of the girls said they felt intimidated and frightened by Epstein and 
the millionaire's assistant and alleged scheduler of massages, who warned 
them not to talk to police, according to the police report. 
Dershowitz, in an interview with the Herald, said he had nothing to do with 
gathering background on the girls — or in directing anyone to follow the police, or 
the girls and their families. 
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"I'm not an investigator. My only job was to negotiate and try the case when it 
comes to trial," he said. 
He nevertheless convinced Krischer that the girls would not be credible on the 
witness stand, according to Reiter and Recarey. 
The defense team's investigators compiled dossiers on the victims in an effort to 
show that Epstein's accusers had troubled pasts. 
Dershowitz met with Krischer and Recarey, sharing with them the results of an 
investigation into one of the girls, described by Dershowitz as "an accomplished 
drama student" who hurled profanities at his investigator at "a furious pace." 
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10/27/99 - OPINION - Barry Krischer; P.B.Co. State Attorney. (AM) 
"Our investigation had discovered at least one of her websites and I am enclosing 
some examples ... the site goes on to detail, including photos, her apparent 
fascination with marijuana, " Dershowitz wrote in an undated letter to Recarey. 
He also disputed the claim that one of the defense team's private investigators 
had misrepresented himself as a police officer. 
Recarey stood his ground. 
"His attorneys showed us a MySpace page where one of the girls was holding a 
beer in her hand, and they said, `oh look, she is underage drinking,' " Recarey 
recalled. "Well, tell me what teenager doesn't? Does that mean she isn't a victim 
because she drank a beer? Basically, what you're telling me is the only victim of a 
sexual battery could be a nun." 
Krischer and the lead state prosecutor on the case, Assistant State Attorney Lanna 
Belohlavek, began to dodge Recarey and Reiter's phone calls and emails, and they 
dragged their feet on approving subpoenas, Reiter and Recarey said. 
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"Early on, it became clear that things had changed, from Krischer saying, `we'll 
put this guy away for life,' to `these are all the reasons why we aren't going to 
prosecute this,' " Reiter said. 
Krischer, who is now retired and in private practice, did not respond to multiple 
requests from the Herald for comment. Belohlavek also did not respond to an 
email sent to her office. 
"It became apparent to me that some of our evidence was being leaked to 
Epstein's lawyers, who began to question everything that we had in our probable 
cause affidavit," Reiter said. 
The day of the search on Oct. 20, 2005, they found that most of Epstein's 
computer hard drives, surveillance cameras and videos had been removed from 
the house, leaving loose, dangling wires, according to the police report. 
But the girls' description of the house squared with what detectives found, right 
down to the hot pink couch and the dresser drawer of sex toys in Epstein's 
bathroom. 
Reiter said his own trash was disappearing from his house, as his life was put 
under Epstein's microscope. Private investigators hired by Epstein's lawyers even 
tracked down Reiter's grade school teachers, the former chief said. Questions 
were raised about donations that Epstein had made to the police department, 
even though Reiter had returned one of the donations shortly after the 
investigation began. 
Recarey, meanwhile, said he began to take different routes to and from work, and 
even switched vehicles because he knew he was being tailed. 
"At some point it became like a cat-and-mouse game. I would stop at a red light 
and go. I knew they were there, and they knew I knew they were there. I was 
concerned about my kids because I didn't know if it was someone that they hired 
just out of prison that would hurt me or my family," Recarey said. 
Despite relentless political pressure, Reiter and Recarey soldiered on, and their 
determination yielded evidence that supported most of the girls' allegations, the 
former cops said. They had phone records that showed Epstein and his assistant, 
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had called many of the girls. Epstein's flight logs showed that the calls 
were made when Epstein was in Palm Beach. 
They obtained dozens of message pads from his home that read like a who's who 
of famous people, including magician David Copperfield and Donald Trump, an 
indication of Epstein's vast circle of influential friends. There were also messages 
from girls, and their phone numbers matched those of many of the girls Recarey 
had interviewed, Recarey said. They read: "Courtney called, she can come at 4," 
or "Tanya can't come at 7 p.m. tomorrow because she has soccer practice." 
They also found naked photographs of underage girls in Epstein's closet, Recarey 
said. 
There were also witnesses: Two of Epstein's butlers gave Recarey sworn 
interviews, confirming that young girls had been coming and going at the house. 
One of the butlers, Alfredo Rodriguez, told Recarey that when he was tasked with 
cleaning up the master bath after Epstein's sessions with the girls, he often 
discovered sex toys. Once, he accidentally stumbled on a high school girl, whom 
he identified, sleeping naked in Epstein's spa, he testified in a 2009 court 
deposition. 
Rodriguez said he was given the job of paying the girls, telling Recarey that he 
was "a human ATM machine" because he was ordered by Epstein to keep $2,000 
on him at all times. He was also assigned to buy the girls gifts. Rodriguez gave 
Recarey copies of pages from a book that Epstein and his staff kept with the 
names and phone numbers for many of the Palm Beach County girls, Recarey 
said. 
Rodriguez, however, held onto the bulk of Epstein's "little black book," and in 
November 2009 tried to sell it for $50,000 to an undercover FBI agent posing as 
a victim's lawyer. He was arrested and sentenced in 2012 to federal prison, and 
died three years later following an illness. The book — listing personal phone 
numbers for a cavalcade of Epstein's powerful friends and celebrities — eventually 
became public as part of a civil lawsuit. It listed more than 100 female names 
and phone numbers under the headings "massage" in every city where Epstein 
had homes. 
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In May 2006, Recarey drew up probable cause affidavits, charging Epstein, two of 
his assistants and one recruiter with sex-related crimes. Instead, Krischer took 
what Recarey said was the unusual step of referring the case to a state grand jury. 
Epstein was indicted in state court on a minor charge of solicitation of 
prostitution. 
Recarey said Krischer told him he didn't believe Epstein's accusers, and only two 
of them were called before the state grand jury investigating the case — even 
though police had lined up more than a dozen girls and witnesses at that time. 
Believing that the case had been tainted, Reiter — that same month, May 2006 —
took a very public stance against Krischer, writing a letter, which was released to 
the news media, calling on Krischer to remove himself from the case. The chief 
then referred it to the FBI, which opened its own investigation in July 2006, FBI 
records show. 
Reiter said he was effectively blackballed in some Palm Beach circles as a result 
of going over Krischer's head, and their relationship, once strong, would never be 
the same. 
Reiter has no regrets about what he did. 
"There are challenges here that don't exist in a lot of other places because of the 
affluence in the community, but the only way I could approach this case was that 
none of that matters. The truth is still the truth. The facts are the facts. 
Everybody is treated the same." 
In the years that followed, several of the victims obtained lawyers and filed civil 
lawsuits against Epstein. About two dozen lawsuits were filed, starting in 2008. 
The early cases were particularly brutal for his victims, the court records show. 
The girls faced fierce grilling from another pack of Epstein's civil attorneys, who 
questioned them about their boyfriends, drinking, drug use, social media posts, 
their parents and even their medical histories. 
One girl was asked about her abortions, and her parents, who were Catholic and 
knew nothing about the abortions, were also deposed and questioned. 
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said the questions from Epstein's civil lawyers were so intimate that she 
became paranoid that people were following her. 
"His lawyers were just in my life inside and out. They asked if I had a baby, if I 
had an abortion, `did you sleep with 30 different guys' and `do you think that 
played a part?' I said, `you're going to come at me like that when you represent a 
guy who is doing this to hundreds of girls? How do you sleep at night?' " 
BROOKLYN TO PALM BEACH 
Jeffrey Epstein was born in Brooklyn, the son of a New York parks department 
worker. In one of several depositions he gave as part of the lawsuits filed against 
him, he said he attended the Cooper Union school for the advancement of 
science and art and then studied physics at New York University. But he never 
obtained a degree, instead going on to teach at the Dalton School, an elite K-12 
private academy on Manhattan's Upper East Side. Various news profiles over the 
years have speculated about how he made his vast fortune, calling him an 
"International Moneyman of Mystery" and "The Talented Mr. Epstein." 
He then struck out on his own, opening J. Epstein & Co. His fortunes improved 
when he became a financial advisor for Leslie Wexner, founder of The Limited 
stores and owner of Victoria's Secret brands. Later, Epstein would boast that he 
would manage the portfolios of only those clients who had $1 billion or 
more.This much is known: He got his start on Wall Street after being offered a 
job by the father of one of his students. At Bear Stearns, he became a derivative 
specialist, applying complex math formulas and computer algorithms to evaluate 
financial data and trends. 
Through Wexner, he acquired a seven-story stone mansion that is considered the 
largest private residence in Manhattan — a 21,000-square-foot fortress with 
heated sidewalks that spans the entire block on 71st Street between Fifth and 
Madison Avenues. 
He also owns a 10,000-acre ranch, named "Zorro," in New Mexico, a private 
island called "Little St. James" in the Virgin Islands, the $13 million house in 
Palm Beach, a Gulfstream jet and, at one point, owned a Boeing 727. 
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