EPSTEIN
page 4 / 1643 . OCR, unverified
He additionally has a vacation home in New Mexico
and is registered in New Mexico. The New Mexican
authorities when they considered his offenses, determined he
need not register at all. Nevertheless, he has voluntarily
registered with New Mexico and maintains that registration.
Additionally, because of his possession of a
vacation home in New York, he has been voluntarily
registered with New York SOMU, the Sex Offender Monitoring
Unit since May of this year. He notifies them whenever he
comes to travel to New York. He never comes to New York for
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more than seven days or at least he has not since he has
been registered. He has no intention to ever be here for
longer than a period of ten days.
Like I said, he does notify the authorities when
he is here. He fully understands the reason for voluntary
registration, he wants to be compliant with the Federal SORA
law which requires wherever you own a property to register.
To require Mr. Epstein to register as a Level
Three offender in New York would actually require him to
come to New York more than he does normally, it would
require him to come every 90 days and renew his
registration.
He is very diligent in registering with New York
authorities.
All of the other jurisdictions that have
considered his case have determined that he either not
register at all or register at the lowest level, and he has
been more than compliant with all of those requirements.
Your Honor, we would join in the prosecutor's
application.
THE COURT: I am sure you would.
MS. MUSUMECI: By way of background, we have been
in contact with the prosecutor's office on this matter since
I believe certainly since Mr. Epstein got his notification,
which I believe was in August. We have met with the
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prosecutor and provided numerous materials for the
prosecutor to consider. We have included in that a
deposition from the detective who headed this investigation
who acknowledged in a sworn deposition that the lead
prosecutor who originally had the case, whose name I cannot
pronounce, Lanna Belohlavek, I apologize for the
mispronunciation, said to the detective after her
investigation, there are no real victims here.
All of the alleged conduct that is cited in the
board's write up was commercial conduct. All of the alleged
conduct the women went voluntarily, there are no allegations
of force certainly none.
THE COURT: There was no allegation of force in
the marine either, who met a girl in a bar, a young girl 17,
there was no force there.
MS. MUSUMECI: It is our understanding that the
prosecutor in Florida conducted a full investigation, as
full as she was able with the cooperation afforded by these
complainants, and determined that the only case that she
could present to the grand jury was this indictment for a
non registrable offense then --
THE COURT: But it is registrable here.
I don't know what you mean non registrable
offense.
MS. MUSUMECI: Let me explain, Your Honor.
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Mr. Epstein plead to two charges, one was an
indictment which is an offense that is not registrable, it
is a Florida indictment for --
THE COURT: Then why does he have to register
here?
MS. MUSUMECI: It was a second offense that he
plead to --
THE COURT: That is registrable.
MS. MUSUMECI: That is registrable.
That offense was by information and that is the
only registrable offense, that is what the DA's office is
considering in doing their scoring.
The indictment which was the only case that the
prosecutor even prosecuted through grand jury is not even a
registrable offense.
THE COURT: He plead guilty to a registrable
offense.
MS. MUSUMECI: Yes.
THE COURT: What did he plead guilty to?
MS. GAFFNEY: He plead guilty to the procuring a
person under 18 for prostitution.
THE COURT: Procuring a person under 18 for
prostitution.
MS. GAFFNEY: Right.
THE COURT: Haw old was she?
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MS. GAFFNEY: It appears the first time they met
she was either 16 or 17, then for the remainder of their
relationship she was probably 17.
THE COURT: How long MS their relationship?
MS. GAFFNEY: She met, she gave him approximately
massages, including with sexual contact, and ultimately
when she is 17 had intercourse with him.
THE COURT: She is a child.
MS. MUSUMECI: Your Honor, I would note that under
SORA it is clear that prostitution offenses are only
registrable when in fact by clear and convincing evidence
the women or victim is 17, is under 17.
THE COURT: Well, she met him at 16, he procured
her at 16 from what I read.
MS. MUSUMECI: There is evidence we challenged.
THE COURT: He plead guilty to that, didn't he?
MS. MUSUMECI: He plead guilty to under 18, which