EFTA00233329

Proceedings 
June 10, 2009 
APPEARANCES: 
On behalf of the Defendant 
JACK ALAN GOLDBERGER, ESQUIRE Atterbury, 
Goldberger, et al. 
On behalf of the Defendant 
ROBERT CRITTON, 
JR., 
ESQUIRE 
Burman, 
rr4tfnn or al. 
1 
1 
1 
1 
14 
15 
1 
17 
18 
19 
20 
21 
22 
23 
2 
2 
On behalf of Third Party E.W. WILLIAM J. BERGER, 
ESQUIRE BRADLEY J. EDWARDS, ESQUIRE 
Rothstein Rosenfeldt Adler 
On behalf of Third Party, The Post DEANNA 
SHULLMAN, ESQUIRE Thomas, LoCiero & 
EFTA00233769

Proceedings 
June 10, 2009 
PROCEEDINGS 
BE IT REMEMBERED that the following proceedings wore had and testimony adduced before the 
Honorable Jeffrey COlbath. at the Palm Beach County Courthouse, West Palm BeaCh, Florida beginning 
at the hour of 11:08 a.m. On June 10, 2009, with appearances as herein noted to-wit: 
THE COURT: State vs. Epstein. Let se have for the record, announce everybody's 
appearance. 
I
. BERGER: Your Honor, William J. Borger and Bradley Edwards for non-
party B.W. 
Y4, PRILLOGN, Your Honor. Mavis Shalloan or Thaws. LoCiero a °Taloa for non-party 
The Pa 1 n beach Post. 
THE COURT: Lot re slow down a little bit. On behalf of The Post is? 
MS. RIPUIJ.MN: Deanna Shullman. THE COURT: S-H-U-
I.. - 
MS. SHULLMAN: S-H-U-L-L-M-A-N. 
THE COURT: Ma. Shullman, good morning. Hr. Borger, good morning And Mr. Berger, 
your client is B - 
M. StRGE.P. L.N.. yOO 
THE COURT: Anybody tie. here? 
MR ESPORng: Brad Edwards on behalf of B.W. as well, Judge Thanks. 
EFTA00233770

Proceedings 
June 10, 2009 
THE COURT: Last name is spelled? KM. MUMS: Edwards. 
a-A-R-0-S. THE COURT: Okay. 
MR. GOLDBERGER: For the other aide, Your Honor, Jack Goldberger along with 
Robert Critton co behalf of Jeffrey Epstein. 
11IE COURT: It is the Post's and E.S.'s Motion to Intervene for the purpose of 
unsealing records? 
MM. bERCSA! Yee, Sir. 
THE COURT: Here's what I think I know. and I tell you this so that you can fill in 
the gaps of what you know that I don't know and suggest what you think I ought to do. It 
appears to me that there was sure agreement -- an agreement that was sealed and then an 
addendum or amendment to the agreement that was sealed as to documents in the Court's files 
under seal and it appears as though the punitive interveners want to unseal those and take a 
peak at them. I don't see where any of the proper procedures to seal the documents was ever 
followed to begin with. I don't know but it's not jumping out at me when I reviewed the 
file. So, I'm thinking that it might be appropriate and the burden might be on the sieving 
party, being the State and Mr. Epstein, to give them the opportunity to lump through the hur --
hoops to seal the documents if they are entitled to have them sealed, then 
EFTA00233771

Proceedings 
June 10, 2009 
I'll grant that request. If they're not entitled to seal then I'll order at as documents 
unsealed. But that'S kind of procedurally where I think the case is. I will allow Mr. 
Berger and Ma. Shullman to argue if they wish to, otherwise I wall go over to Mr. 
Goldberger and Mr. Critton to perhaps talk about what they think about my suggestion. Mr.
Berger? 
MR. BERGER, I -- I'd like to hear what they say. THE COURT: Hs Shull:man? 
HZ. SHULLXAM: Agro.04. 
THE COURT: Mr. Goldberger? MR. GOLDBERGER: Your 
Honor - 
THE COURT: I mean, it looks like they just handed up an Agreed Order to sign. 
MR. GOLDBERGER: Well, if the Court -- I know the Court is trying to short circuit 
here and the idea in theory is not horrible, it's not terrible, it's actually not so bad. 
But let me alert the Court to a couple Of locusts. First of all, this is not something that 
came up ahead of time whore we wore moving to close a hearing or file documents under seal 
and the Rules of Judicial Administration makes an important distinction between things that 
aro done in advance and things that come up during a hearing and the fact that maybe at 
goes to the Rule -- talk about situations that arise during the course 
EFTA00233772

Proceedings 
June 10, 2009 
of a hearing, that the Rules would not apply to that. Secondly. If.W.'s Motion to Intervene 
is brought under a Rule that does not apply because she brought it under a Rule that 
applies to non-criminal cases. Having said that I know the Court's desire to get to the 
issues here and I just need to alert the Court to one other matter because I think its 
really important. The Plaintiff's, E.W., has this agreement already. They have this 
agreement. counsel will tell you they have this agreement. There have been two hearings in 
front of Judge Marra who has the Federal cases here. They moved to unseal the non-
prosecution agreement in front of Judge Marra. He entered an initial Order, a very, very 
well reasoned order which I have a copy for the Court. 
THE OOJRT: Oh. thanks. 
MR. GOLDBERGER: He entered a very, very well reasoned order weighing the 
interest of the Plaintiffs to have access to the non-prosecution agreement with the 
confidentiality that the parties intended to be part of this agreement. And what he did, 
he said they can have this agreement. They can review it all they want. If they want to 
review it with somebody else, they need. to give them a copy of this Order that it is not 
to be disclosed to anyone else. Subsequent to that -- so that'S the Rule that's in place 
right now. Subsequent to that the 
EFTA00233773

Proceedings 
June 10, 2009 
Plaintiffs went back and said we want to disseminate this Order. We want to disseninate 
this agreement to other parties and Judge Marra entered a second Order denying that request 
and said, no. My Order is in place but if you have some cospolling reason why you want this 
agreement to be disseminated to others. file a notion and cane beck to 
THE COVRT: This is as a result of some civil litigation pending in the 
Federal Courthouse? 
MR. OCILDBF2CER: Yes 
THE COURT: As opposed to any criminal prosecution going on? 
MR. GOLDBERGER, It is civil proceedings that are going on in Federal Court. But 
in the interest of comedy. Your Honor, the Court has ruled on the confidentiality 
agreement and has put a well reasoned procedure into place. If the parties want that 
agreement unsealed where they reed to go is go back to Federal Court and Judge Yarra 
invited them to do so. 
THE ODUPT: That may be as it pertains to S.W., but what about The Post? 
MR. COLCHEICAM: I think -- and I think I know where the Court is going on this.
The Post's position is the public has right to acc 
access to this then there is a 
procedure in place and ultimately the Court has to conduct 
EFTA00233774

Proceedings 
June 10, 2009 
a hearing and do the balancing teat where you look at whether there is are compelling 
government interest and that's going to require an evidentiary hearing. So I have no great 
objection to filing the Request for Closure and then have a hearing in front of the Court. 
TICE COURT: Well, let's do -- I'm thinking out loud. I'm not ruling. I will give 
you all a chance to argue further, but this is what I'm thinking I will do. grant the 
Motion to Intervene. It gives standing to E.W. It gives standing to The Post to contest the 
fact that these were sealed. And then I will shift the burden back on the State and 
DeferdAnt, Mr. Epstein, to petition the Court to seal these documents. Until such time that 
I rule on that I will leave them under seal because they might have been correctly sealed 
but the procedure wasn't followed. There's got to be notice. You've got to comply with the 
Administrative order 2.303. You've got to comply with the Rule of Judicial Administration 
2.420(O). I think oven though that's a civil -- it addresses a civil matter this is, you 
know, in the nature of a civil procedure. So. I'll do that. And thank you for these Orders. 
So, where do we go from here? I'm thinking out loud, not ruling. ld. Berger? 
MR BURGER: Judge, with all due respect I completely disagree with counsel's 
characterization of 
EFTA00233775

Proceedings 
June 10, 2009 
those two Orders. I don't know if he handed up both to 
you')
THE COURT: i do. 
PER. BERGER: They 'limply do not nay what ha tells you they aay. 
THE COURT: 
read them -RR. BERGER: All 
right, 
THE COURT: -- and I'll allow you to make that argument - 
MR. BERGER: And -- end - 
THE COURT: -- at the tine of the Renewed Ration to 
Seal. 
'R.R. BERGER: All right. And, also, I don't think the Court -- I think the Court 
needs to deal with this immediately. expeditiously. This is a matter that the Supreme Court 
has placed incredible scrutiny over. And the Rule that we are traveling under -- we're not 
only traveling under a Rule Of Judicial Administration that applies to criminal and civil 
cases, we're applying to an Administrative Order of this Court that was in place when the 
sealing was done and that superseded the sealing. 
THE COURT: I - 
Jai BERGER 
'm just saying, I respectfully request that the Court not delay this 
one minute. 
THE COURT: You've get the agreements. 
EFTA00233776

Proceedings 
June 10, 2009 
1 
MR. ➢ERGER: Pardon me? 
THE COURT: You've got the agreements anyway. You've got what•s under seal. 
BinimiR: Judge, we cannot do anything with then THE COURT: Take that up with 
✓Udgc Marra. 
MR. ➢EAGER: No, sir. That is not %Tat the Order says. May I quote Judge Marra. 'If 
a specific tangible need arises in a civil case the relief should be sought in that case.' 
In other words, the Civil cases which are in front of Judge Hafele is one forum that Judge 
Marra said go to it. Judge Marra did not say that this Court does not have Jurisdiction to 
unseal its own sealed records or to vacate its own order scaling. And any characterisation 
is -- is false. 
THE COURT: I'll take a look at it and I.11 draw from it what it says -. what I 
think it says. I appreciate your zealous representation of your client. Please, it appears 
as though you're yelling at me. 
MS. SHULUVVi: Your Honor? THE (tORT: Ms. 
Shullnan? 
MR. ➢PJtCER: Judge, this happens to be a very serious patter and ovary 
day of delay delays our discovery. 
THE COURT: YS. Shullman? 
MS. SRUL:MAN: Your Honor, it I may be heard on the 
EFTA00233777

Proceedings 
June 10, 2009 
1 
issue as well. As a representative of the public's right of access - 
THE COURT: Right. 
MS. SHUI1NAN, -- here essentially, I would agree with Mr. Borger that we need an 
immediate hearing on this issue. That's what we're here to do today. I think I hoard Your 
Honor say that he's not clear that the procedures wore applied. My review of the record doom 
not reveal that the procedures wore complied with. My review is similar to Your Honor's. It 
looks like sort of everybody approached the bench and Judge Pucillo said let's take it under 
seal. If Mr. Epstein's counsel is not prepared to go forward today and meet his burden, then 
I would ask that this Court set a hearing as soon am practical because the right solution 
here should be to unseal the records and then, you knew - 
THE COURT: I've gotcha. 
MS. SHULLMAN: -- and they have to make a motion. THE COURT: Well, what house is on 
fire? 1 mean, what is the -. I think what they have to do is they've got to give ten days 
notice pursuant to the Rule -- the AdMinistrative Order, Rules of Judicial Araninistration, 
to go through that process. What -- what prtoudloo is there? What house is burning down if 
I say okay. State and defense, go ahead and expeditiously move through the 
EFTA00233778

Proceedings 
June 10, 2009 
1 
2 process and let', got this back on my docket as quickly as 
possible and give them until Friday to file their notice and ten days after that we have 
an evidentiary hearing. I go through the process then. %Mat bad thing is going to happen 
by waiting those extra twelve to fifteen days? 
MS. SHVLBIAN: The bad thing that's going to happen, Your honor. a 
that the statue 
quo in Florida is that the constitutional right of access as openness. 
THE COURT Right. 
HS. SHULISUH, You know, certainly it Toms Honor le snellnard to postpone this hearing 
scald ask that it be done expeditlevoly as you suggest.
TIM COUP?, Yeah. 
MS. SWILISENH; You know, Fridley and then ton days thereafter, at just delays 
access for another two weeks and it infringes on our rights. 
THE COURT: I agree. Hr. Borger, I will lot you answer that same question. 
MR. BERGER I don't think - 
THE COURT: Anything specific rather than -MR. BERGER: Yes. 
THE COURT: You know, anything closed that the people are allowed to look at is 
a transgression and any transgression is bad, but anything unique beyond that? 
HA. UtACCA. Your senor -- Your Honor. : do not 
EFTA00233779

Proceedings 
June 10, 2009 
1 
believe that this Court has the Jurisdiction to revisit the propriety of the sealing of 
these records and give the Defendant or the State, for that matter, a second bite at the 
apple. It the records are sealed improperly, which the Court has said on its face that 
appears to have occurred, I do not believe that this Court has jurisdiction to allow them a 
second bite at the apple to go through with the notice requirements. They should have done 
that in front of Judge Pucillo a year ago and they did not do it. The Rule of Judicial 
Administration 2.420 simply does not give this Court the right to reactivate the procedure 
that you outlined. 
THE °DIRT: Okay. 
)R. OXRCIERI :bank you. 
THE COURT: Anything further. gr. Goldberger or Mr. Critton? 
MR. GOLDBERG ER: Jun note, Your Honor, as far as the timing of this and we 
want to do this expeditiously, of COULSO. this sealing occurred not last week, not two 
rooks ago, not four months ago but eleven and one halt months ago. The Post reported 
this last July. SO, 7, 
understand the right for the pubic to have access and we want to do this as quickly as 
possible but there is no fire here. There is no house burning. 
THE COURT: Then I'll go ahead and enter an Order as 
EFTA00233780

Proceedings 
June 10, 2009 
I've indicated, that is that I'll grant the Intervener'. Motion to Intervene. You have 
standing. I will order that the State and/cm the deign by noon Friday file a Notice of --
only with the Administrative Order 2.303 and the Jbdicial Rule -- the Rule of Judicial 
Administration 
2.420, paragraph d, that outline* the prof:One. to seal file, in tbama type. of ease. and 
then we'll pot a blaming andnleci for ~want on whether or not they will be misled. 
Until that time they vill inain .waled because Judge Sunlit° *limed off on the order and 
I'm not inclined 
to disturb that until I find more nut the ~It. of the movant'm position. 
ML 
flana you. 
TIM COURT: Anybody want to reduce any of that seas to a written Order? 
Wt. EDWARDS: I'd like to Your honor. I'd like to know if you're going to give 
us a hearing date today. TSB COURT: I'll deal with that. Yeah. 1st ma give 
you some time. Now much time do you think it's going to take? I don't think I'm going to 
have any surprl000. Nov such time do you think we and? A half hour? 
M. EDWARDS: Not moms. I'd say an hour at the longest. 
IRE COURT: I'm not taking evAchance or anything like that. In the meantime, do you 
ours. It would be prudent 
EFTA00233781

Proceedings 
June 10, 2009 
1 
for me to take a look and see what the content of these things are so I can be 
articulate on what -- their know about? I didn't do that for today's hearing? 
MR. GOLDBLAGMR: The defense - 
MR. Eowa.PDS, The non-prosecution agreiseantl 
THE COURT: Right. whatever is under seal. Whatever it is that's under seal I'll 
take a look at it so that I can at least have a feel for apparently what you all know and 
I don't. 
MR. OOtDBRRG£R: The defense has no objection. 
THE COURT: Okay. I'll go ahead and read those two sealed documents and I'll see 
you back hero, assuming that Mr. Goldberger and Mr. Crittce get that done between now and 
Friday. Ten days from this Friday is the 22nd. How about we do this on the 25th at 1:30? 
1G. G0IDB£RGIR: One moment. Your uonor That'll fine with SO. 
MR. B£RGER Thank you. 
C0LIM: AII fight. Great 'Munk you so 'Lull. NA COLCOXRGUR: Thank you, Judge. 
I CR0CERDMICS COHCLUUra) 
EFTA00233782

Proceedings 
June 10, 2009 
1 
CLATIFICATIt 
I, Latakia RAMS, certify that I vs. authorised to and did digitally report the 
foregoing proceedings and that the transcript is a tree and Caplets record of ay notes. 
Dated this 10th day of June, 2009. 
LC AN RIMS, 1100511 
EFTA00233783

Proceedings June 10, 200 9 
A 
acc 
7:24 
access 
6:18 1:24 
11:2 12:8 
12:15 13:22 
addendum 
4:14 
add 
8:19 
adduced 
3:4 . 
Adler 
2:12 
Administr... 
5:22 8:18 
9:18 11:22 
13:10 14:5 
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8:17 9:20 
11:22 14:4 
advance 
5:23 
ago 
13:9,20,20 
13:21 
agree 
11:4 12:17 
14:25 
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5:10 
14 
agreement 
alert 
5:18 6:6 
allow 
5:3 9:8 
allowed 
12:23 
amendment 
4:15 
and/or 
14:3 
announce 
3:9 
answer 
12:18 
Anybody 
3:23 14:14 
anyway 
10:2 
apparently 
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3:9 
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2:1 3:7 
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4:13,16 
10:18 13:5 
apple 
13:4,7 
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10:6,21 
civil 
15:12 
11:5 12:17 
7:8,13 8:19 
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12:19,21,25 
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2:3 
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CONCLUDED 
EFTA00233784

Proceedings June 10, 2009 
2 
6:14,23 
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6:8 11:12 
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10:10 
9:14,16,20 
10:22 12:15 
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10:14 
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Frida 
EFTA00233785

Proceedings 
13:10 14:17 
14:18 
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8:9, 10 
go 
5:5 7:18,18 
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12:4 13:7 
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7:12,14,23 
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12:16 
initial 
6:12 
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6:19 
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6:17 7:14 
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4:8 6:2 8:9 
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11:11 13:9 
14:10 15:20 
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8:18 9:18 
11:22 13:10 
14:5,5 
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13:21 
4:24 
jumping 
4:20 
June 
1:18 3:6 
16:8 
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little 
3:15 
June 10, 2009 
LoCiero 
2:18 3:13 
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15:7 
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1:23 16:4,11 
loud 
8:6,22 
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6:10,12 7:3 
7:19 10:5,7 
10:10,11 
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6:6 8:19 
9:15 10:22 
13:3 
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11:13 
merits 
14:11 
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14:14 
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9:24 
moment 
15:16 
months 
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morning 
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motion 
4:7 6:2 7:6 
8:9 9:11 
11:18 14:2 
movant's 
14:12 
move 
EFTA00233786

Proceedings June 10, 2009 
4 
11:25 
noved 
6:11 
noving 
4:225:20 
N 
N 
2:7 3:1 
name 
4:1 
nature 
8:20 
need 
6:6,22 7:18 
10:8 11:5 
14:21 
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6:4 
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6:11,18 15:5 
noon 
14:3 
NOS 
1:4 
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note 
13:17 
noted 
3.7 
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