The Palm Beach Post recently filed a lawsuit in a Florida State Court to compel the State Attorney to make public the testimony and other evidence presented to the Palm Beach County Grand Jury in 2006 related to an investigation into sex abuse charges against Jeffrey Epstein. While grand jury proceedings are typically conducted behind closed doors, the Palm Beach Post contends in this case, that door should be opened.
Jeffrey Epstein’s fall and eventual death were major stories in 2019. But Epstein’s history of sexual abuse dates back to at least 2005. In that year, the stepmother of a 14 year old girl reported to Palm Beach, Florida police that the then 52 year old Epstein arranged for the girl to give him a “massage.” Epstein required the girl to strip and he exposed himself to her while touching her. The ensuing investigation uncovered other victims, along with nude photos of other girls. Two separate grand jury proceedings were scheduled for March and April, 2006. Those proceedings were cancelled following meetings between the State Attorney’s office and Epstein’s lawyer Alan Dershowitz.
In May, a frustrated Palm Beach Police Chief wrote to the State Attorney’s office to let the office know that the Chief intended to issue an arrest warrant. In response, the State Attorney referred the case to the grand jury. In July, 2006, the grand jury convened and returned an indictment for one count of solicitation of prostitution. The was no mention in the indictment that the victim was a minor.
It appears that, despite the number of other victims, only one testified to the grand jury and she was subjected to an attack on her credibility. Following the July 2006 indictment, the FBI got involved, determining that 34 victims were subjected to Epstein’s abuse. The US Attorney’s office prepared a 53 page indictment, but it was never presented to a federal grand jury. Instead, then U.S. Attorney Alexander Acosta negotiated a plea deal with Epstein’s legal team that granted Epstein immunity from all federal crimes. On June 30, 2008, Epstein entered a plea to one count of solicitation of prostitution and one count of solicitation of prostitution with a minor. He was sentenced to 18 months in jail, followed by a year of community control. Had he been convicted of the charges in the federal indictment, he could have served a life sentence.
The Post seeks the information “to further justice for Epstein’s victims and the public, and to provide public disclosure to illuminate whether Epstein received unreasonably lenient treatment based on the available evidence.” In making its request, the Post invoked Florida Statute 905.27, which allows a court to reveal otherwise confidential grand jury information for the purpose of furthering justice.
The Post notes in its complaint that while it is unusual to reveal grand jury information, the Epstein case itself is unquestionably unusual. Epstein is dead, and many of his victims have come forward and identified themselves in other related proceedings. In addition, the identities of his co-conspirators have been already been revealed. So the reasons for keeping grand jury testimony secret in the first place don’t apply here.
Courts are sometimes reluctant to deviate from the norm in any given case, for fear that it will lead to more cases where the norm will give way. Lawyers sometimes call this a “slippery slope.” That is a legitimate concern. But in this instance, the facts are so outrageous, they compel disclosure. Slippery slope or not.
Jack Greiner is managing partner of Graydon law firm in Cincinnati. He represents Enquirer Media in First Amendment and media issues.
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December 04, 2019 at 01:53AM
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Strictly Legal: Palm Beach Post seeks Epstein grand jury record. - Cincinnati.com
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