EFTA00013656.pdf
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From:
To:
Cc:
Subject: RE: Follow up
Date: Fri, 21 Mar 2008 19:15:19 +0000
Importance: Normal
Hi
Here is the info that I have. Jeopardy attaches at the start of the presentation of evidence at trial,
so a s ou not be an issue.
The bigger problem is the statute of limitations. A defendant can waive his right to challenge the statute under
Florida law, but I don't think that Epstein will be willing to do so.
At this point he also could demand a speedy trial. Once he has done so, if the trial is not held very quickly, he
can move for "discharge." Once "discharged," Epstein cannot be prosecuted on the crime charged or any other
crimes that could have been charged as a result of the same conduct or criminal episode. The State cannot avoid
this bar by filing a "Nolle Prosequi" and then trying to re-file the same or different charges based on the same
conduct or criminal episode.
Please let me know if you need anything else.
From:
Sent: Friday, March 21, 2008 11:51 AM
To:
Cc:
Subject: RE: Follow up
One more question - do you know when double jeopardy attaches under Florida law? More specifically, if the
state charges were dropped now, could they be dropped without prejudice?
From:
Sent: Thursday, March 20, 2008 4:39 PM
To:
Cc:
Subject: RE: Follow up
Hi
The state indictment is related to two girls. One of those girls is included in the federal
indictment, the other is not. The state indictment charges solicitation of adult prostitution, it does not charge any
child exploitation offense, despite the fact that, under Florida law, neither lack of knowledge of age nor
affirmative misrepresentation of age by the victim is a defense.
EFTA00013656
The victim from the state case who is referenced in the federal indictment told Epstein her true age and
he engaged in full sexual intercourse with her a few days shy of her 18th birthday. For that birthday, he gave her
a series of gifts, including lingerie. The other 18 girls named in the current in…
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