Court Records
Filing # 195384819 E-Filed 04/03/2024 12:30:07 PM
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC, CASE NO.: 50-2019-CA-014681-AG
Publisher of THE PALM BEACH POST,
Plaintiff,
v.
DAVE ARONBERG, as State Attorney of
Palm Beach County, Florida; SHARON R.
BOCK, as Clerk and Comptroller of Palm
Beach County, Florida,
Defendants.
CO SA
MOTION OF DEFENDANT CA FLORID 1/4S/GS, LLC FOR LEAVE TO
crc,AMEND ITS
Defendant CA Florida Holdings, L utIlier of The Palm Beach Post, for its Motion
for Leave to Amend its Complaint pu la.R.Civ.P. 1.190(a) alleges:
1. The Palm Beach t ") is a daily community newspaper with offices in West
Palm Beach, Florida.
2. Since Nove b 2019, PBP has sought to obtain an order allowing the release of
the 2006 Jeffr s grand jury transcripts.
3. successfully obtained appellate reversal of a final judgment that held the courts
lack inhe authority to order release of grand jury transcripts. CA Fla. Holdings, LLC v.
Aronberg, 360 So. 3d 1149 (Fla. 4th DCA 2023).
4. As a result of PBP's litigation, on February 29, 2024, Florida's Governor signed
bill HB 117 that amended Fla. Stat. section 905.27. A copy of the amended section 905.27, which
is to take effect on July 1, 2024, is attached hereto as Exhibit A.
*** FILED: PALM BEACH COUNTY, FL ABRUZZO, CLERK. 04/03/2024 12:30:07 PM ***
EFTA02736814
5. The amendments to section 905.27 were intended to remove any impediments to
release of the Jeffrey Epstein grand jury materials. By its terms, and as this Court acknowledged
in its February 29, 2024 Order, the amended statute provides a remedial process for PBP and the
public to obtain disclosure of the Epstein grand jury materials.
6. Due to the amendments to section 905.27, and the significant effect they have upon
PBP's current litigation, PBP requests that it be granted leave to
Complaint. A copy of the proposed pleading is attached as Exhibit B.
7. If granted leave to amend, the pleadings will conform
905.27.
/ i t)8. Also, due to the dismissal of the State
(
A C style of the case should be
amended to delete the State Attorney as a party. R
SS
ST,g lot
?body of the proposed Second Amended Com n a een removed.
9. As the prior Clerk of the has tired, the style should be amended to substitute
the current Clerk, Abruzzo
10. Because this C rt a Iforized PBP in its February 29, 2024, Order to move for
reconsideration once the ents to section 905.27 become effective on July I, 2024, there is
no prejudice if le to am d is granted. The Clerk has publicly stated his support for the section
905.27 ., and he has personally advocated for the release of the Epstein grand jury
mate', intervenors have also stated that the Epstein grand jury materials should be
released.
WHEREFORE, PBP respectfully requests that this Court grant its motion for leave to
amend its complaint, permit PBP to file a Second Amended Complaint, and grant such other relief
the Court deems just and proper.
file a SeC w&Amended
0 dments to section
2
o the current State Attorney in the
EFTA02736815
Respectfully submitted,
/s/Stephen A. Mendelsohn
STEPHEN A. MENDELSOHN
Florida Bar No. 849324
GREENBERG TRAURIG, PA.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Tel.: [Phone Redacted]
[Email Redacted]
[Email Redacted]
MICHAEL J.
(Admitted Pro
GREENS
54 Stat
Al
ce)
G, LLP
6th Floor
207
9.1400
w
A
(AdmitEs
°
(Admitted Hoc Vice) (S e
GREENBERG TRAURIG, LLP .,<LL
1840 Century Park East, Suite 1900
Los Angeles, CA 90067
Tel.: [Phone Redacted]
[Email Redacted]
[Email Redacted]
Counsel for Plaintiff CA Florida Holdings,
LLC, Publisher of The Palm Beach Post
3
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been
electronically filed with the Florida E-File Portal for e-service on all parties of record herein on
April 3, 2024.
/s/Stephen A.Mendelsohn
A Cos
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CHAPTER 2024-7
Committee Substitute for House Bill No. 117
An act relating to disclosure of grand jury testimony; amending s. 905.27,
F.S.; revising the list of persons prohibited from disclosing the testimony
of a witness examined before a grand jury or other evidence it receiv
creating an exception for a request by the media or an interested pe
the prohibited publishing, broadcasting, disclosing, divulging, or
nicating of any testimony of a witness examined before the gran or
the content, gist, or import thereof; providing criminal penal ' d-
ing construction; making technical changes; reenacting s. d
(2), F.S., relating to who may be present during a session , to
incorporate the amendment made to s. 905.27, F.S., in feren = 1 ereto;
providing an effective date.
Be It Enacted by the Legislature of the State of
Section 1. Section 905.27, Florida Statu i ded to read:
905.27 Testimony not to be disci t s.—
(1) Persons present or appea nn a grand jury proceeding,
including a grand juror, a state a assistant state attorney, a
reporter, a stenographer, r, as well as the custodian of a
grand jury record. may not r person appearing before-the grand
jury-shall-not disclose the c to ony • a witness examined before the grand
jury or other evidence it except when required by a court to
disclose the testimon rpose of:
(a) Ascertai it is consistent with the testimony given by the
witness before th
(b) Dete mg whether the witness is guilty of perjury; or
(c) urthe 'rig justice, which can encompass furthering a public interest
whe e
icr
di re su is requested pursuant to paragraph (2)(c).
It s unlawful for any person knowingly to publish, broadcast,
, divulge, or communicate to any other person, or knowingly to
÷
or permit to be published, broadcast, disclosed, divulged, or commu-
tated to any other person, in any manner whatsoever, any testimony of a
witness examined before the grand jury, or the content, gist, or import
thereof, except when such testimony is or has been disclosed in any of the
following circumstances- a-court-proceeding:
(a) When a court orders the disclosure of such testimony pursuant to
subsection (1) for use in a criminal case, it may be disclosed to the
prosecuting attorney of the court in which such criminal case is pending,
and by the prosecuting attorney to his or her assistants, legal associates, and
1
CODING: Words stricken are deletions; words underlined are additions.
EFTA02736819
Ch. 2024-7 LAWS OF FLORIDA Ch. 2024-7
employees, and to the defendant and the defendant's attorney, and by the
latter to his or her legal associates and employees However, the grand jury
testimony afforded such.persons by the court can only be used in the defense
or prosecution of the criminal case and for no other purpose
(hi When a court orders the such disclosure of such testimony is-ordered
by-a -court pursuant to subsection (1) for use in a civil case, it may be
disclosed to all parties to the case and to their attorneys and by the latter to
their legal associates and employees. However, the grand jury testimoofl,
afforded such persons by the court can only be used in the defense or
prosecution of the civil or-eriminal case and for no other purpose whate6ever.
, - (c) When a court orders the disclosure of such testimony ocsuant to
subsection (1)1Mresponse to a request by the media or an intristedpecion,
regardless of whether that purpose is for use in a criminal r civil casea
may be disclosed so long as the subject of the grandjury inquiry is _deceased,
the grand jury inquiry related to criminal or sexuaLactivity between the
subject of the grand jury investigation and a person Wio was a minor at the
time of the alleged criminal or sm_a_l_activity, thetestinuml was previously
disclosed by a court order, and the state attorney is provided notice of the
request. This paragraph does not limit the court's ability to limit the
disclosure of testimony, including, but ncidkibiniite to, redaction.
(3) Nothing-in This section
relationship. A client him shall-ha
attorney any testimony given by
involving the client discussed
and any evidence involving
jury in the client's prese
(4)
commits shall-be-gu
provided in s. 775.0
(5) A viola
contempt f cou
For the purpose of incorporating the amendment made by this
5.27, Florida Statutes, in references thereto, subsections (1)
section 905.17, Florida Statutes, are reenacted to read:
7 Who may be present during session of grand jury.—
(1) No person shall be present at the sessions of the grand jury except the
witness under examination, one attorney representing the witness for the
sole purpose of advising and consulting with the witness, the state attorney
and her or his assistant state attorneys, designated assistants as provided
for in s. 27.18, the court reporter or stenographer, and the interpreter. The
stenographic records, notes, and transcriptions made by the court reporter
or stenographer shall be filed with the clerk who shall keep them in a sealed
2
CODING: Words stricken are deletions; words underlined are additions.
*ill affect the attorney -client
to communicate to his or her
ien to the grand jury, any matters
's presence before the grand jury,
received by or proffered to the grand
ereons-convicted-of-violating this section
isdemeanor of the first degree, punishable as
y fine not exceeding $5,000, or both.
this section constitutes shall—eonstitute criminal
EFTA02736820
Ch. 2024-7 LAWS OF FLORIDA Ch. 2024-7
container not subject to public inspection. The notes, records, and transcrip-
tions are confidential and exempt from the provisions of s. 119.07(1) and s.
24(a), Art. I of the State Constitution and shall be released by the clerk only
on request by a grand jury for use by the grand jury or on order of the court
pursuant to s. 905.27.
(2) The witness may be represented before the grand jury by one
attorney. This provision is permissive only and does not create a right
counsel for the grand jury witness. The attorney for the witness shall n
permitted to address the grand jurors, raise objections, make argum , o
otherwise disrupt proceedings before the grand jury. The attorne o the
witness shall be permitted to advise and counsel the witness and s hall he
subject to the provisions of s. 905.27 in the same manner as all who appear
before the grand jury. An attorney or law firm may not rep nt, more than
one person or entity in an investigation before the s e grand jury or
successive grand juries in the same investigation.
0 . Approved by the Governor February 29,
2c) Section 3. This act shall take effect July 1, 20
" )24Filed in Office Secretary of State Feb t4S(
4
,At ce
3
CODING: Words etrielten are deletions; words underlined are additions.
EFTA02736821
EFTA02736822
IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CA FLORIDA HOLDINGS, LLC,
Publisher of THE PALM BEACH POST, CASE NO.: 50-2019-CA-01468-XXXX-MB
Div.: AG
Plaintiff,
v.
ABRUZZO, as Clerk and
Comptroller of Palm Beach County, Florida,
Defendant.
SECOND AMENDED COMP
A Cos
CA Florida Holdings, LLC, publisher of The P ea r Post, for its Second Amended
Complaint against Abruzzo, the Clerk rt and Comptroller for Palm Beach
q6County, Florida, in his official capacity ("C c Cle ), alleges as follows:
ICTION
I. This is an action}r4tlit ltd exclusive jurisdiction of the Circuit Court pursuant to
Fla. Stat. Sections 26.012(2Xa) .011 et seq.
PARTIES
2. Beach Post is a daily community newspaper published by Plaintiff CA
Florida H C, with offices located at 2751 S. Dixie Highway, West Palm Beach, Florida.
Defendant Abruzzo is the duly elected Clerk and Comptroller of Palm
Beach County, Florida. He is sued herein in his official capacity as his office is in possession
and/or control of documents that are the subject of this action.
ACTIVE 696232185v3
EFTA02736823
INTRODUCTION
4. In what is now widely if belatedly recognized as a colossal miscarriage of justice —
which led to the further needless victimization of countless young girls and women — a wealthy,
politically connected, and powerful financier was not held accountable for, nor even forced to
confront, allegations of serious sex trafficking crimes. While it is clear that Jeffrey Epstein's 2008
deal with the State of Florida was not consistent with the evidence gathered a im, what
remains shrouded in mystery is how that evidence was presented — and the o which it was
presented — to the grand jury that returned an indictment far more li pe than expected
and deserved.
5. Through this action, The Palm Beach Pos lic access to the testimony,
Ils eminutes, and other evidence presented in 2006 to ch County grand jury empaneled
during the first Epstein sex abuse investigatio , access to such materials is limited, for
example, in order to prevent the flight o
ability to conceal or destroy evide
accused who is later exonerate
expressly authorizes the • losure of grand jury proceedings under certain circumstances,
including, as here furthe ng justice, which can encompass furthering a public interest. Fla. Stat.
§ 905.27(1)(
se indictment may be contemplated and their
re jurors' candor in deliberations; and to protect an
er, these factors are inapplicable here. Also, Florida law
t can no longer credibly be maintained that continued blanket secrecy over the
proceedings that led to the egregiously flawed 2006 Epstein indictment is warranted under the law.
To the contrary, transparency is required to promote public understanding of the criminal justice
system and public confidence in the fair administration of justice. As detailed below, Epstein was
accused of sexually abusing and trafficking dozens of women and girls in south Florida (among
other locations) over a period of several years while exploiting his wealth and political connections
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ACTIVE 696232185v3
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to obstruct the administration of justice at every turn. Public disclosure of the Epstein grand jury
proceedings will shed light on the extent to which those in our government entrusted with the
solemn responsibility of enforcing our criminal laws equally as to all citizens fulfilled their duties
in this instance. Justice will be furthered where it is either (1) demonstrated that Epstein was treated
like others accused of similar heinous crimes, or (2) as appears more likely to be the case, those
who chose to give Epstein favorable — "unusual," in the words of the Town of Pa h Police
Chief— treatment, are exposed and held accountable. From what limited inje t is now in the
public domain, the State Attorney's referral of Epstein's case to the
out of the ordinary for this type of case — gives rise to a i) s in nee of favoritism and
corresponding disregard for the rights of the minor victim 's sex trafficking. Access to
c, the grand jury materials will allow the public to dete inner the grand jury process, and the
Ssecrecy that comes with it, was used to furthe • e , instead, operated to shield Epstein and s te
his co-conspirators from the conseque of it criminal activities. Accordingly, Fla. Stat.
Section 905.27 authorizes the disci b pstein's 2006 grand jury proceedings.
FACTUAL BACKGROUND
which would be
7. The follo acts were gathered, in large part, from documents obtained by The
Palm Beach Post ugh rious Florida Public Records Law requests, documents unsealed or
publicly ava ther related judicial proceedings, and information and documents in the
public
A. First Epstein Sex Crimes Investigation, Indictment, and Plea:Agreement:
2005-2008.
8. The investigation into Epstein's sex crimes began more than fourteen years ago,
when a I4-year-old girl's stepmother reported to police in the Town of Palm Beach, Florida, that
Epstein and others who worked for him arranged for her to give Epstein a "massage." Epstein
3
ACTIVE 696232185v3
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required the girl to strip, exposed himself, and masturbated while touching her. The girl was paid
$300. Epstein was 52 years old at the time.
9. Following this initial report in 2005, the Town of Palm Beach Police, and later, in
2006, the FBI, investigated Epstein. Interviews under oath with five additional alleged victims and
seventeen witnesses revealed that the events described by the 14-year-old girl occurred, with
disturbingly similar details, with each of the other victims.
10. Both the victim/witness interviews, as well as evidence retri owing a search
of Epstein's home, showed that some of the girls involved were un of 18. The police
search of Epstein's residence also found two hidden cameras ghout the house, large O
numbers of nude photos of girls, including victims who eA e had not interviewed in the
course of their investigation.
11. In March 2006, a State grand
s•
eeduled at which all of the victims were 84c
expected to testify. The proceeding was tpon , however, due to meetings between the State
( od
Attorney's office and Epstein's riminal defense lawyer and personal friend, Alan
Dershowitz.
12. Another gr> jyljy was convened in April 2006, but canceled the day before it was
to begin receivin
(1) Police Chief Reiter's Letter to the State Attorney.
n May I, 2006, Town of Palm Beach Police Chief Michael Reiter wrote a
"personal and confidential" letter to then Palm Beach County State Attorney, Barry Krischer,
stating:
I must renew my prior observation to you that I continue to find your office's
treatment of [the Epstein] cases highly unusual. It is regrettable that I am forced to
communicate in this manner, but my most recent telephone calls to you and those
of the lead detective to your assigned attorneys have been unanswered and
messages remain unreturned. After giving this much thought and consideration, I
4
ACTIVE 696232185v3
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must urge you to examine the unusual course that your office's handling of this
matter has taken and consider if good and sufficient reason exists to require your
disqualification from the prosecution of these cases. (Emphasis supplied)
14. Chief Reiter's letter to State Attorney Krischer enclosed the Town of Palm Beach
Police Department's probable cause affidavits charging Epstein and two of his assistants with
multiple counts of unlawful sex acts with a minor and one count of sexual abuse, and requested
that either an arrest warrant be issued for Epstein or the State Attorney directly ini
against him, which would be public.
(2) The July 2006 State Grand Jun Presentati
15. Instead, State Attorney Krischer elected to refer ca.s‘ist4 grand jury, which is
mandatory for capital cases but rarely used for all of c . According to an official
spokesperson, this was the first time that a sex crime, presented to a grand jury in Palm
Beach County.
16. In July 2006, after State ine aischer presented testimony and evidence from
one victim, the grand jury return n n ent on a sole count of solicitation of prostitution.
There is no mention in the indi en the victim being a minor.
17. On info • and belief, a second of Epstein's victims was supposed to testify ni
before the grand j , but unable to attend because of a school exam.
18. m asbnable explanation has been provided as to why the numerous other known
victim t presented as witnesses and crime victims to the grand jury convened in July 2006.
Nor has an reasonable explanation been provided as to why State Attorney Krischer, who was
initially eager to investigate and prosecute Epstein for his crimes, over time lost the desire to do
charges
so.
19. On information and belief, during the grand jury appearance of the single victim
who testified, the State Attorney presented evidence that vilified the victim and attacked her
5
ACTIVE 696232185v3
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credibility, including soliciting testimony regarding underage drinking and questionable personal
behavior that was unrelated to the charges against Epstein. Further upon information and belief,
this information was initially brought to the attention of the State Attorney's office by Epstein's
defense counsel.
(3) The FBI's Investigation and Epstein's Non-Prosecution
Agreement With Federal Authorities.
20. On information and belief, following the deficient July 2006 i and with
Chief Reiter's encouragement, the FBI began its own investigation of E
21. Records unsealed in 2015 revealed that the FBI comp rts on "34 confirmed
minors" that were victims of Epstein's sexual predations. B idence gathered by the FBI,
a 53-page indictment was prepared by the U.S. Attom in June 2007. However, at the \
CCI ,,request of Epstein's lawyers, the indictment was re nted to a federal grand jury. \ th
22. Instead, then U.S. Attorney e So ern District of Florida, Alexander Acosta,
negotiated a plea deal with Epstein's wyers to grant immunity to Epstein (along with
four named co-conspirators and ed potential co-conspirators) from all federal criminal
charges.
23. Thro remainder of 2007 and through the first half of 2008, Epstein's
lawyers and th mey continued negotiating the plea arrangement. Upon information and
belief, E wyers insisted that (I) the victims not be notified, (2) the deal be kept
confidenti d under seal, and (3) all grand jury subpoenas (including one that had already been
issued for Epstein's computers) be withdrawn.
24. On June 30, 2008, Epstein pled guilty to State charges: one count of solicitation of
prostitution and one count of solicitation of prostitution with a minor under the age of 18. He was
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ACTIVE 696232185v3
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sentenced to 18 months in jail, followed by a year of community control or house arrest, and was
adjudicated as a convicted sex offender required to register twice a year in Florida.
25. The plea deal, called a non-prosecution agreement ("NPA"), allowed Epstein to
receive immunity from federal sex-trafficking charges that could have sent him to prison for life.
On information and belief, based on public records, former State Attorney Krischer cor mtunicated
with then U.S. Attorney Acosta concerning the NPA's negotiation with Epstein's
26. Indeed, Epstein was not incarcerated in a Florida prison f to crimes for IO
which he was convicted. Instead, he was placed in a private wing m Beach County
Stockade, where, after 3 12 months, he was allowed to leave ti ork release" for up to
12 hours a day, 6 days a week. His private driver provide ( t l b 'nation to and from "work." 3 )
27. Epstein was released five months ear .t i
14s ,28. Upon information and belief, t lated the terms of his probation, but was
not prosecuted.
(4) The Ctj P.V,hims' Rights Act I itioation.
29. Epstein's victin4onlylldarned after the fact about his plea in State court and filed
an emergency petition to il federal prosecutors to comply with the Crime Victims' Rights Act
(18 U.S.C. § 377 VRA , which mandates certain rights for crime victims, including the right
to be inform lea agreements and the right to appear at sentencing. U.S. District Judge
Kenne recently ruled that federal prosecutors violated the CVRA by failing to notify
Epstein's victims before allowing him to plead guilty to only the two State offenses.
30. The prosecution's failure to keep the victims apprised, among other things, also
contravenes the Florida Constitution, Article I, § 16(b) and Fla. Stat. § 960.001.
31. Following publicity exposing the extraordinary leniency of the plea deal, dozens of
civil suits were brought against Epstein, most of which Epstein's lawyers settled out-of-court.
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32. In 2010, Epstein was registered as a "level three" (i.e., high risk of repeat offense)
sex offender in New York, a lifelong designation. In 2011, the New York County District
Attorney's office unsuccessfully sought to lower his registration to low-risk "level one."
33. Upon information and belief, during the course of the Town of Palm Beach and FBI
investigations, Epstein retained private investigators to follow, harass, and photograph his victims
and their families, as well as Chief Reiter and the Town of Palm Beach detective wl vestigated
the case against Epstein. AS
34. Upon information and belief, Epstein's victims were t
with law enforcement and told that they would be compensated if did not cooperate with
law enforcement.
B. Second Epstein Sex Crimes Investin S i ment. Suicide: 2019.
35. On July 6, 2019, Epstein was a ederal sex trafficking charges.
36. Upon information and be ited States government's investigation of new
allegations and charges stemmed, • continued press investigations into and reporting
on the mishandling of the 2006 harg and the civil suits that followed.
r,37. In a July 9, letter to the federal district court by the U.S. Attorney for the
Southern District ew rk, Epstein was described as "a serial sexual predator who preyed on
dozens of mi or g s over a period of years." The letter emphasized that "the Government has real
conce nded in past experience with this defendant — that if allowed to remain out on bail,
the defendant could attempt to pressure and intimidate witnesses and potential witnesses in this
case, including victims and their families, and otherwise attempt to obstruct justice." It also
described the results of the FBI's search of Epstein's Manhattan townhouse: evidence of sex
trafficking in the form of "hundreds — and perhaps thousands - of sexually suggestive photographs
of fully- or partially-nude females," including underage females. In a locked safe, compact discs
8
Qainst cooperating
ACTIVE 696232185v3
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were found with handwritten labels including the descriptions: "Young [Name] + [Name]," "Misc
nudes 1," and "Girl pits nude."
38. On July 8, 2019, prosecutors with the Public Corruption Unit of the U.S. Attorney's
office for the Southern District of New York charged Epstein with sex trafficking and conspiracy
to traffic minors for sex. The grand jury indictment alleges that "dozens" of underag girls were
brought into Epstein's mansions for sexual encounters. A few days later, owin lic outcry
over the NPA with Epstein entered into by the U.S. Attorney for the Sout
I
j ct of Florida,
Alexander Acosta, who by then was serving as U.S. Secre r in the Trump
administration, resigned from office.
1 ,)39. Epstein was denied bail and was place n ( o ial detention at the federal
Metropolitan Correction Center in lower Manhatta t
Ss ,S r40. On or about August 6, 2019, F n . Ron DeSantis ordered a state criminal
probe into the actions of the Palm B hen and former State Attorney Krischer for their
handling of the Epstein underage s ng case.
41. On August 10, pstein was found dead in his cell at the Metropolitan
Correctional Center. His f death was determined to be suicide.
C. The st 27. 01,, SDNY Hearina: Epstein's Victims Speak.
42. On ccount of his death, prosecutors sought to dismiss the indictment against
Epstei aintaining that they would continue to investigate his co-conspirators.
43. United States Senior District Judge Richard M. Berman ordered a hearing on
August 27, 2019, on the prosecutors' decision to dismiss the indictment and allowed victims to
speak at the hearing.
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44. In the course of the hearing, more than two dozen victims delivered their personal
stories of pain, frustration, and sexual abuse at the hands of Epstein. Several victims spoke of
violent rape by Epstein. Many more victims were present in the courtroom but did not testify.
45. While some questioned the reasoning behind the court's decision to give the victims
voice after Epstein's death, District Judge Berman noted that "a public hearing is [thy] preferred
vehicle of resolution," emphasizing that "public hearings are exactly what jud Hearings
promote transparency and they provide the court with insights and info ich the court
may not otherwise be aware of." Indeed, even Epstein's defense laµ t the hearing that
the court "is the institution that most people have confidence in ' e ery troubled times."
46. At the August 27th hearing, the girls, now o e ke about their "exploitation
Sand coercion," and to the fact that many of them "we 'nive ulnerable situations and in extreme S o
1/Nivpoverty, circumstances where [they] didn't ne on [their] side, to speak on [their]
behalf...." One victim lamented that " icti she] never got to see what the agreement was
or why the special treatment got n the Florida case years earlier. Another noted how
"completely different" the inv tiga leading to the 2019 federal indictment were from the
prosecutors in the Florid, both in their treatment of her and their investigation of her
victimization by
47. er federal judge in attendance at the August 27th hearing emphasized that
"trans one of the overriding objectives in our criminal justice system."
48. Nearly all of the victims expressed the conviction that the secrecy that shielded
Epstein has caused them "irreparable harm" and that an opportunity to address his criminal
wrongdoings, and those of the individuals who enabled his sexual racketeering, would allow for
at least some measure of justice to be served after his death. Indeed, one victim stated: "Any efforts
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made to protect Epstein's name and legacy send a message to the victims that he wins and that he
is untouchable." Another victim expressed fear that this is a world "where there are predators in
power, a world where people can avoid justice if their pockets run deep enough." In short, the
"unusual" treatment Epstein received in Florida in 2006 based on his wealth, social status, and
connections severely eroded the public's faith in the integrity and impartiality of tjre criminal
justice system.
D. The Palm Beach Post's Standing and the Public Interest.
)(1) The Palm Beach Post Has Reported ENO's'0 n
Epstein's Crimes For Nearly 15 Years.1/4. )
49. Plaintiff, The Palm Beach Post, is a communi aper serving readers in Palm
Beach County and the Treasure Coast vicinity.
50. The Palm Beach Post has been a
three other times.
51. Beginning in 2004, The ch Post has extensively investigated and reported
on the allegations against, the I ment investigation of, and the crimes committed by,
Epstein and his co-conspirato e Newspaper's reportage has included publication of the
following articles:
Er P ie winner and nominated as a finalist
• "Th- 4 ho Had Everything: Jeffrey Epstein Craved Big Homes, Elite Friends
a gators Say, Underage Girls.," published on August 14, 2006, reporting that:
obson, a local community college student, admitted in a sworn statement to
*ce that "she had taken at least six girls to visit Epstein, all between the ages of 14
d 16;" Palm Beach Police "interviewed five alleged victims and 17 witnesses;"
Dershowitz, the Harvard law professor, traveled to West Palm Beach with information
about the girls," including social media discussions about "their use of alcohol and
marijuana;" after meeting with Epstein's legal team, "prosecutors postponed their
decision to take the case to a grand jury;" Palm Beach Police subsequently "received
complaints that two of the victims or their families had been harassed or threatened;"
"relations between police and prosecutors were fraying" as the investigation continued;
and "one girl who was subpoenaed — the one who said she had sexual intercourse with
Epstein — never showed up" to testify before the grand jury.
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• "Trump Snags Gosman Estate for $41 Million" published on November 16, 2004,
reporting on the bidding war between Donald Trump and Jeffrey Epstein for the
purchase of a "43,000-square-foot, seven-bedroom estate on 6 oceanfront acres along
the storied 'Raider's Row' " in Palm Beach.
• "Indictment: Billionaire Solicited 3 Times" published on July 25, 2006, reporting that
"Billionaire money manager and Palm Beach part-time resident Jeffrey Epstein
solicited or procured prostitutes three or more times between Aug. 1 and Oct. 31 of last
year, according to an indictment charging him with felony solicitation of prostitution."
The article further reported that "Epstein's case is unusual in that suspect rostitution
johns are usually charged with a misdemeanor, and even a felony ch typically
made in a criminal information — an alternative to an indictment ch n with
the commission of a crime."
• "After Long Probe, Billionaire Faces Solicitation Charge" n July 26, 2006,
reporting that "Palm Beach police thought there was prob le c use to charge Epstein
with unlawful sex acts with a minor and lewd and las estation." The article
further reported that "Police Chief Michael Reit • angry with State Attorney
Barry Krischer's handling of the case that he mo suggesting the county's
top prosecutor disqualify himself," and ide year-old on-the-record female
source who said "she gave Epstein a nude, then brought him six girls,
ages 14 to 16, for massage and sex-ting st s at his home."
• "Police Say Lawyer Tried to D nage Girls" published on July 29, 2006,
reporting that "[f]amed Harv: fessor Alan Dershowitz met with the Palm
Beach County State Atto ice and provided damaging information about
teenage girls who say his client, Palm Beach billionaire Jeffrey Epstein,
sexually charged mas that "[t]he state attorney's office said it presented the
Epstein case to a c' d jury this month rather than directly charging Epstein
because of concerns the girls' credibility."
• rye f Age Isn't Defense In Sex Cases" published on August 5, 2006,
at ather than file charges, the state attorney's office presented the case
grand jury" which "indicted Epstein last week on a single, less serious
f 14fony solicitation of prostitution," and that "[t]he case raised eyebrows
he state attorney's office rarely, if ever, kicks such charges to a grand jury."
"Expert: Igno
reporti
to a u
tein Camp Calls Female Accusers Liars" published on August 8, 2006, reporting
at "[a] state attorney's spokesman would say only that the office refers cases to the
grand jury when there are issues with the viability of the evidence or witnesses'
credibility."
• "Palm Beach Chief Focus of Fire In Epstein Case" published on August 14, 2006,
reporting that Chief Reiter "pressed for Epstein to be charged with the more serious
crimes of sexual activity with minors" and "slammed State Attorney Barry Krischer in
blunt language seldom used by one law enforcement official with another because of
what he perceived as that office's mishandling of the case."
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• "Delays In Epstein Case Unusual, Lawyers Say" published on March 13, 2007,
reporting that "[n]early eight months after Palm Beach tycoon Jeffrey Epstein was
charged with felony solicitation of prostitution, there has been no discernible progress
in his case."
• "Woman Sues Billionaire Investor, Says They Had Sex When She Was 16" published
on October 18, 2007, reporting on a lawsuit brought in New York State court against
Epstein "by a young woman who says he had sex with her when she was 16 and had
sought his help becoming a model."
• "Palm Beacher Pleads In Sex Case" published on July I, 2008, reporti
55, pleaded guilty ... to felony solicitation of prostitution and procu
the age of 18 for prostitution," resulting in "a lifelong obligati
offender," and that "[a]s part of the plea deal, federal investiga
investigation of Epstein, which they had taken to a grand j
• "Jeffrey Epstein: Scientist, Stuntman, 'Sex Slave' Visit J
August 13 2008 reporting that "[d]uring his first
visited by , who allegedly escorte4.e
Beach waterfront home to an upstairs room,
provided the oils for their encounters"
young woman whom Epstein purport
• "Billionaire Sex Offender Leave
I, 2008, reporting that Epstein'
six days a week on a work-
"Epstein,
a pe n under
gister as a sex
to drop their
ycoon" published on
f confinement" Epstein was
pon their arrival at his Palm
nrepared the masse e table and
,andby "a
as his Yugoslavian sex slave."
ays a Week For Work" published on July
ed to leave the Palm Beach County Stockade
• "Women Want Epste* al Unsealed" published on June 10, 2009, reporting
that attorneys for w ens g Epstein in various courts "want his [non-prosecution]
agreement [NPA] f eral prosecutors unsealed" and were moving to unseal the
agreement in rcuit ourt of the Fifteenth Judicial Circuit, and that "Epstein now faces
at least a doze lawsuits in federal and state courts filed by young women who
said therhad s with him and now are seeking damages." On that date, The Palm
Beach Pk moved to intervene in the matter for the purpose of obtaining public access
to c NPA,Which was ordered disclosed by this Court on June 25, 2009.
4ed stein's Secret Pact With Feds Reveals 'Highly Unusual' Terms" published on •
ember 19, 2009, reporting that, owing to Epstein's non-prosecution agreement,
eral prosecutors backed down and agreed to recall grand jury subpoenas if Epstein
pleaded guilty to prostitution-related felonies in state court" and "also a reed not to
charge any of E stein's ssible co-conspirators: ==, Lesley
Groff and " The article further reported that, according to an
attorney representing three of Epstein's victims, "none of the 30 to 40 wom[e]n
identified as victims in the federal investigation" were informed ahead of time about
the NPA.
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• "Judge Rules Epstein Attorneys Can Subpoena Abortion Records" published on
January 27, 2010, reporting that "a judge . . . gave lawyers representing multi-
millionaire sex offender Jeffrey Epstein the right to subpoena abortion records from
women who are seeking millions in damages from the part-time Palm Beach resident."
• "Epstein Journal's Findings Could Resurrect Abuse Case" published on March 20,
2010, reporting that "[a] purloined journal that is said to contain the names of
`hundreds' of victims of convicted sex offender Jeffrey Epstein could be used to reopen
the investigation into the multi-millionaire's appetite for teenage girls."
• "Epstein Paid Three Women $5.5 Million to End Underage Sex Law published
on October 4, 2017, reporting that, according to court documents, "yelled out
$5.5 million to settle lawsuits with three of more than two dozen ho sued him."
• "Judge Rules Feds' Agreement With Jeffrey Epstein Pa Teen Victims'
Rights" published on February 22, 2019, reporting on a ling y U.S. District Judge
Kenneth Marra that "Federal prosecutors violated the of Jeffrey Epstein's
teenage victims [under the Crime Victims' Right .y failing to reveal they had
dropped plans to prosecute the billionaire on d decal charges in connection
with the girls' claims that he paid them for s m Beach mansion."
• "Epstein Indicted On Sex Charges/P i Beacher Pleads Not Guilty to Sex
Trafficking, Conspiracy Charges In a ourt In Manhattan" published on July 9,
2019, reporting on Epstein's ap ce .S. District Court for the Southern District
of New York in which he "plea n illy to charges accusing him of creating a vast
network of girls as young at e exploited for his sexual pleasure at his homes
in Palm Beach and
A true and correct copy of the a articles, in either the computerized format in which they
are maintained in The P r Beac r Post's electronic archives or the news print edition in which
originally publishe ann ed hereto as Exhibit 1.
52. e filing of the initial Complaint in this matter, The Palm Beach Post - along
with m is ide — has continued to report on Epstein's crimes and the ongoing official
proceeding resulting from those crimes.
(2) The Palm Beach Post's Standing and the Public Interest.
53. The press has a constitutional right of access to criminal proceedings, see, e.g.,
Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 573 (1980), including pre-trial criminal
proceedings. v. Graddick, 696 F.2d 796 (11th Cir. 1983). Indeed, "the integrity of the
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judicial process, which public scrutiny is supposed to safeguard, is just as much at issue in
proceedings of this kind [pre- and post-trial] as at trial." Id. at 801; see also Miami Herald Publ.
Co. v. M, 426 So. 2d 1,6-7 (Ha. 1982) (identifying the news media as a "public surrogate" in
matters concerning the closure of judicial proceedings). The press also has a First Amendment
interest in receiving information from willing speakers. See Va. Pharmacy Bd. v. Va. Consumer
Council, 425 U.S. 748, 756-57 (1976) ("Where a speaker exists . . . the protecti Th orded [by
the First Amendment] is to the communication, to its source and to its recic • h."); Pittman
v. M, 267 F.3d 1269, 1283 n.12 (11th Cir. 2001) ("The Supreme ognized that the
First Amendment offers protection to both speakers and those receive speech."); see
also Stephens v. Cry. of Albemarle, Va., 524 F.3d 485, 492 t C 1 08) (providing that a plaintiff
S4 , has "standing to assert a right to receive speech" by ' o c that there exists a speaker willing
to convey the information to her").
54. Because of the unique ro rfo by the press as a "public surrogate" (M,
426 So. 2d at 6-7) in protecting t ccess and its interest in reporting information about
criminal proceedings, news or s "presumptively have a right to access judicial records,"
orComm 'r, Ala. Dep't of C dvance Local Media, LLC, 918 F.3d 1161, 1166 (1Ith Cir. 2019),
and "standing to lion t e validity of an order restricting publicity because its ability to gather
news is dire 'red or curtailed." IM, 426 So. 2d at 4; see also Carlson v. United States,
837 F. 57-58 (7th Cir. 2016) ("[a]s a member of the public, [the Reporters Committee]
has standing to assert [its] claim" to grand jury materials because such materials are "public records
to which the public may seek access, even if that effort is ultimately unsuccessful").
55. Here, the continued denial of access to information The Palm Beach Post seeks on
behalf of its journalists and the public it serves "unquestionably constitutes irreparable injury."
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Gainesville Woman Care, LLC v. State of Florida, 210 So. 3d 1243, 1263 (Fla. 2017); see also
Zerilli v.M, 656 F.2d 705, 711 (D.C. Cir. 1981) (noting that "the press' function as a vital
source of information is weakened whenever the ability of journalists to gather information is
impaired," as it is by Attorney General's refusal to disclose unredacted report and underlying grand
jury materials).
56. The Palm Beach Post has the right to maintain this private right o • because
the furtherance of justice, an express legislative exception to grand jury intended for
the public benefit, and The Palm Beach Post seeks access on be Ct, public. Fla. Stat.
§ 905.27(1Xc). It is further expressed in Fla. Stat. § 905.27 th 1 ature in amending Fla.
release of the Jeffrey Epstein
Stat. § 905.27(1)(c) and (2)(c) in 2024, intended for this t e Jeffrey Epstein grand jury
materials. In other words, the legislature cleared all
grand July materials.
K e\-
(3) The Court's Jurisdiction "I o Declare Rights And
Constru }times.
,"
57. This Court has •C hei to declare rights, status, and other equitable or legal
relations whether or not further • is or could be claimed. Florida Stat. Section 86.011.
58. Flori a law pe ifically provides that a declaration may be sought from the Court
concerning a rights under a statute. Florida Stat. Section 86.021 ("Any person...whose
rights, sta er equitable or legal relations are affected by a statute, or any regulation made
under sta ry authority,... may have determined any question of construction or validity arising
under such statute,...or any part thereof, and obtain a declaration of rights, status, or other equitable
or legal relations thereunder.").
59. The Court's exercise of its power to declare rights "is to be liberally administered
and construed." Florida Stat. Section 86.101.
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COUNT I
(Declaratory Relief - Florida Stat. Sections 86.011 et seq.)
60. The allegations set forth in paragraphs 1 through 59 are incorporated by reference
as if fully set forth herein.
61. This is an action for Declaratory Relief pursuant to Chapter 86. Florida Statutes,
and other supplemental relief.
Ailk"
62. The Palm Beach Post respectfully requests that the Court uant to Fla.
Stat. Sections 905.27(1) and (2)(c) that it is entitled access to the t tmo mutes, and other
evidence presented in 2006 to the Palm Beach County grand ' b se such disclosure and c)
access would be furthering justice in the public interest. F ta 05.27(1)(c).
63. The Palm Beach Post has sought o7fhe testimony, minutes, and other
evidence presented in 2006 to the Palm Beac nd jury. A good-faith dispute exists.
64. Through this Complaint, Pal each Post presently has a justiciable question
concerning its rights to obtain t
905.27(1) (c) and (2Xc).
65. In an appe the final judgment entered on December 21, 2022 in this case,
the Fourth Distri Appeal reversed the trial court's decision that Florida courts lack
authority to e release of grand jury materials. Rejecting the trial court's determination, the
appell eld that trial courts have inherent authority over grand juries and have the right to
order release of grand jury materials if such would further justice as defined in Fla. Stat. section
905.27. CA Fla. Holdings, LLC v. Aronberg, 360 So. 3d 1149 (Fla. 4th DCA 2023). Therefore, this
court has inherent authority to release the Epstein grand July materials in addition to the statutory
authority granted by the 2024 amendments to Fla. Stat. section 905.27.
nd jury materials pursuant to Fla. Stat. Sections
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ACTIVE 696232185v3
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66. A bona fide, actual, present, and practical need for the declaration exists in order to
further justice in the public interest by the release of the 2006 Epstein grand jury materials.
WHEREFORE, The Palm Beach Post respectfully requests that the Court determine the
rights and obligations of the parties by declaring that pursuant to Fla. Stat. Sections 905.27(1)(c)
and (2)(c). The Palm Beach Post and the public may gain access to the testimony.
COUNT II
46 4it c
(Florida Stat. Section 905.27)
67. The allegations set forth in paragraphs I through 66 a i ct "pt ted by reference
as if fully set forth herein.
t )68. Based on information learned by The Pal a ost through its Florida Public
SS, Records Law requests, law enforcement sources wit i owledge of the grand jury evidence
and proceedings, judicial documents obtained • endent but related court proceedings, and
i5
S
documents otherwise available in the *c rd, the 2006 State Attorney for Palm Beach
t o
County, Barry Krischer, present t evidence of Epstein's criminal wrongdoing to the
2006 grand jury in a manne luded Epstein's indictment for the serious crimes he
committed, including sex ing and sexual assault.
69. t to lorida Stat. Section 905.27, as amended in 2024, in order to further
justice for E u tein victims and the public, and to provide public disclosure to illuminate whether
Epstei unjustifiably lenient treatment based on the available evidence, The Palm Beach
Post requests that it and the public be granted immediate access to the testimony, minutes, and
other evidence presented in 2006 to the Palm Beach County grand jury.
70. In 2024, the Florida legislature amended Fla. Stat. Sections 905.27 (1)(c) and (2Xc)
for the express purpose of removing all legal impediments to the release of the Jeffrey Epstein
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ACTIVE 696232185v3
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grand jury materials. Therefore, other than for limited redactions to protect witness and victim
identities, Fla. Stat. Sections 905.27 (1Xc) and (2Xc) compel disclosure of the Epstein 2006 grand
jury materials.
WHEREFORE, The Palm Beach Post respectfully requests that this Court, pursuant to Ha.
Stat. Sections 905.27(1Xc) and (2Xc), as amended, order the Clerk of the Court to provide copies
of the testimony, minutes, and other evidence presented in 2006 to the Palm Beaty grand
jury during the first Epstein sex abuse investigation so that, following aryir e a inspection,
these materials are immediately disclosed to the newspaper, and
equitable or legal relief the Court deems just and proper.
Dated: 2024 Respectful b d,
By:
GRE RALTRIG, P.A.
f CA Florida Holdings, LLC,
of The Palm Beach Post
hen A. Mendelsohn, Esq.
Town Center Circle, Suite 400
oca Raton, Florida 33486
Telephone: ([Phone Redacted]
Facsimile: ([Phone Redacted]
other and further
/s/ Stephen A. Mendelsohn
STEPHEN A. MENDELSOHN
Florida Bar No. 849324
mendelsohns law.com
[Email Redacted]
By: /s/ Michael J th ygiel
MICHAEL J GRYGIEL
(Pro Hac Vice application forthcoming)
54 State Street, 6th Floor
Albany, New York 12207
Telephone: ([Phone Redacted]
Facsimile: ([Phone Redacted]
[Email Redacted]
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Nina D. Boyajian
NINA D. BOYASIAN
(Pro Hoc Vice application forthcoming)
1840 Century Park East, Suite 1900
Los Angeles CA 90067
Telephone: (310) 586 -7700
Facsimile: (310) 586 -7800
[Email Redacted]
[Email Redacted]
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