EFTA01070501.pdf

Case 9:08-9v-80119-KAM Document 207-4 Entered on FLSD Docket C.7/20120.49 . Page 15.af_48_ Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 15 of 18 C.M.A. v. Epstein, et al. Page 15 entitled to evidence which would show the nature of her relationship with males, whether she has suffered or engaged in other acts of sexual misconduct or activity as alleged in her complaint, and whether she suffered injury and damages as a result of the other claimed sexual misconduct or activity. See United States v. Bear Stops, 997 F.2d 451 (8th Cir. 1993)(Defendant charged with sexual abuse of six year old boy was entitled to admission of evidence relating to victim's sexual assault by 3 older boys to establish alternative explanation for why victim exhibited behavioral manifestations of sexually abused child.). In further support of Defendant's motion, a copy of Bales v. Ruzzo, 703 So.2d 1076 (Fla. 5th DCA 1997), rev. dented, 719 So.2d 286 (Fla. 1998), is attached hereto as Exhibit B as it is on point to the discovery Issues in this action, and the relevancy and discoverability of Plaintiff's history of sexual activity and any payment, therefore. See interrogatories 8, 22 and 30 propounded In the Balas case and footnote 1 herein. 3 Additionally and significantly, in other pending state court civil actions against.Defendant EPSTEIN attempting to assert similar claims and damages, the Circuit Court Judges have already ruled that such information is discoverable as it Is relevant to the damages claims of Plaintiff. See Composite Exhibits C and D hereto. Composite Exhibit C are the Orders, dated February 23, 2009, entered in the case of A.C. v. Epstein, and Case No. 502008CA025129 MB Al, 15th Judicial Circuit, In and For Palm Beach County, State of Florida, which granted Defendant's motion to compel therein directed 3 In Bales v. Ru7zo supra, the Plaintiffs alleged a muiticount complaint Including claims for "coercion of prostitution" pursuant to §796.09, Fla. Stat.; for battery for the unwanted and offensive touching of petitioners' bodies; false imprisonment for physically confining the petitioners against their will; invasion of privacy; and intentional Infliction of emotional distress. EFTA01070501 Case 9:08-cv-80119-KAM Document 207-4 Entered on FISD.D.ock et 071201.2009. _Rage_16_of_46. Case 9:08-cv-80611-KAM Document 54 Entered on FLSD Docket 04/02/2009 , Page 16 of 18 C.M.A. v. Epstein, et al. Page 16 to discovery identical to Interrogatory no. 18 above. (In the A,C. case, the Plaintiff answered without objection interrogatories identical to nos. 19, 20, and 21 herein.) Composite Exhibit D is a portion the transcript from a March 3, 2009 hearing on Defendant's motion to compel discovery in the case of Jane Doe II v. Epstein, and Case No. 502008CA020614 MB AF, 15th Judicial Circuit Court, In and For Palm Beach County, State of Florida. Again, the Circuit Court Judge determined that the information sought is relevant to the Issue of damages and, thus, discoverable. Accordingly, Plaintiffs objections are required to be overruled and Defendant is entitled to the discovery sought. Interrogatory No. 23 23. State the names, addresses, ages, phone numbers and dates of all a females whom you claim were brought by you to Mr. Epstein's home to give him female, state the amount of money you massage or for any other reason. As to each claim you were paid to bring each female. Answer: A.L. Age: 22 West Palm Beach, FL I was paid $100.00 Legal Argument Supporting Entitlement to Discovery Counsel for the respective parties also discussed this interrogatory In an effort to come to a resolution. Plaintiff does not object to the discovery requested. Plaintiffs counsel indicated that he had a "problem" disclosing the identity of A.L. to the extent public she was a minor at the time. Defendant would agree to an order proteCting disclosure of the true Identity of A.L. If she were indeed a minor at the time; however, as part of the order, Plaintiff should also be required to provide Defendant with the full EFTA01070502 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page_17 of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009; Page 17 of 18 C.M.A. v. Epstein, et al. Page 17 name of A.L. so that Defendant may conduct meaningful discovery. It is Plaintiff who claims she brought A.L. to Epstein's home as part of the alleged "scheme." In addition, Plaintiff failed to provide any date or dates as to when she brought A.L. to Epstein's home. Plaintiff's counsel indicated they would attempt to provide this information. Accordingly, In granting Defendant's motion to compel discovery, with respect t this interrogatory, Plaintiff should be required to provide the full name of A.L. (which Defendant agrees to keep confidential at this time), the date or dates which she brought A.L. or any female to Epstein's home, and how much she was allegedly paid each time. WHEREFORE, Defendant requests that this Court grant Defendant's motion to compel and award Defendant's reasonable expenses, including attorney's fees, associated with this motion. Rule 7.1 Certification I hereby certify that counsel for the respective parties communicated by telephone in a good faith effort to resolve the discovery Issues prior to the filing of this motion to compel. Some of the issues were resolved or in the process of being resolved. Robert D. C yn, Jr. Attorney for efendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically flied with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of re j entitled on the following Service. List in the manner specified by CMIECF on thi ay of April, 2009 EFTA01070503 Cese.9:08-oy:§0119-KAM pospnent.207: 4 filtered on FLSD DooKet.01/2_9/2QQL_Page_113of.46. Case 9:08-cv-80811-KAM Document 64 Entered on FLSD Docket 04/02/2009 Page 18 of 18 c.mA. v. Epstein, et al. Page 1B Richard Horace Willits, Esq. Jack Alan Goldberger, Esq. OkAlbe, got' & W0133,1;.A. Richard vviiins, P.A. 22901001Avenue North 250 Australian Avenue South , Suite 404 Suite 1400 L 33461 ach, FL 33401-5012 F F Counsel for P alntiff C.M.A. Jeoesaebellsouth.net realrhwfahotmail.com Counsel for Defendant Jeffrey Epstein Jack Scarola, Esq. Jack P. Hill, Esq. Bruce Reinhart, Esq. Seamy Denney Scarola Bamhart & Bruce E. Reinhart, P.A. Shipley, P.A. 250 S. Australian Avenue 2139 Palm Beach Lakes Boule vard Suite 1400 ach, FL 33409 ach, FL 33401 Fax: Fax: ecfabrucereinhartlaw s) serslasgin js@ Counsel for Defendan. 1phesearcvlaw.com Co-Counsel for Philntiff Respectfully subm' red, By: ROBERT D. ITTON, JR., ESQ. Florida Bar •. 224162 rcrit(Obcicia .com MICHAEL J. PIKE, ESQ. Florida Bar #617298 molkenbolclaw.conl BURMAN, CRITTON, LUTTIER & COLEMAN 615 N. Flagler Drive, Suite 400 ; h, FL 33401 Phone Fax (Cou l for D•efendant Jeffrey Epstein) nse EFTA01070504 Case popyrne.nt?Q7.-.4 on Fi-54 P0CKet 07/20/2,Q0_9__Page..19_0146 Case 9:08-cv-80811-KAM Document 54-2 Entered on FLSD Docket 04/02/201)9 Page 1 of 2 C.M.A. vs. Epstein, et case No.: 08-CV-80811-CIV-MARINJOHNSON Platatiff's Answers to Defendant'sFirst Interroptories counseling prior School behavioral problems, received • or take any drug s or med icati ons 8. Did you consume any alcoholic beverages ent(s) described in the complaidt? If h incid within 12 hours before the time of eac beverages, drugs, or medication whic h type and amo unt of alco holic so, state the . where you consumed them were consumed, and when (dates) and ANSWER ts". I rning Glory" and "Angel Trurripe 1. On one occasion I had taken "Mo do not recall the date. . aine powder. I do not recall the date 2. On another occasion I used coc ing tional, mental) for which you are claim 9. Describe each injury (physical, emo Inju red; the part of your body that was damages In this case, specifying the effects injur ies you contend are permanent, the nature of the injury and as to any on you that you claim are permanent. ANSWER .I ic depression.1lost my self-esteem I have bipolar disorder and man legs and developed drug prob lems. began cutting myself on my arms and Permanent Injuries are psychological. the you claim, and Include in your answer 10. Please state each Item of damage that tes; the factual basis for each item of rela count to which the Item of damages s, tion of how you computed each item of damage damages; and an explana d. including any mathematical formula use ANSWER chic mental anguish, mental pain, psy I am claiming compensation for luat ed by These damages will be eva trauma, and loss of enjoyment of life. an amo unt of hods of computation in a jury who will provide their own met . § 225 5.1 hed by 18 U.S.C.A at least the statutory minimum establis Discovery is ongoing. of each physician (including psychiatrist, 11. List the names and business addresses ider) who hes treated or examined you, psychologist, chiropractor or medical prov 13 stiv EXHIBIT :17 EFTA01070505 Coe 9118-cv-801111cAM Document 20724_ ....Entered on.ELSD.Dockel.07/20/2009.....RageZlof.46. Case 9:08-cv-80811-KAM Document 54-2 Entered on FLED Docket 04102120th Page 2 of 2 C.M.A. vs. Epstein, et el. Case No.: 03-CV-80811-CIV-MARRAC0HNS0N Plaintiff's Answers to Defendant's First Intecrogatortes and w ere yo a for the injuries for which you seek damages in this case; and state as to each the condition for which you were date of treatment or examination and the injury or examined or treated. ANSWER Dr. Serge Thys (Psychiatrist) Date: I do not recall the date. I would defer 2151 45 Street to the Doctor's records. West Palm Beach, FL. 33407 school. Ongoing. Pope (Counselor/Therapist) Data: Since high a2001 Child Center W. Blue Heron Boulevard physicians, medical facilities, 12. List the names and business addresses of all other other health care providers rehab facilities (drug, alcohol or psychiatric) or counselor and chiropractors by including psychiatrist, psychologist, mental health treated in the past 10 years; and whom or at which you have been examined or treatment and the condition or injury state as to each the dates of examination or for which you were examined or treated. ANSWER Good Samaritan Hospital (3112/04, 312.6108) Child Birth 1309 N Flagler Dr West Palm Beach, FL 33401 St. Mary's Hospital (4107) DNC 901 4511' Street West Palm Beach, FL 33407 Gloria C. Hakkarainen, MD OblGyn 2925 101h Avenue North, Suite 305 Palm Springs, FL. 33461 Theodore Ritota, DDS Dentist 14 EFTA01070506 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 21 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 91f A VVestiam Page 1 703 So.2d 1076 D169 703 So.2d 1076,22 Fla. L. Weekly D2375, 23 Fla. I. Weekly (Cite as; 703 So.2d 1076) District Court of Appeal of Florida, 307Ak31 k. Relevancy and Materiality. Fifth District. Most Cited Cases Party may be permitted to discover: evidence that Kimberly BALAS and Teresa Shumate, Petitioners, v. would be inadmissible at trial, if It Would load to discovery of relevant evidence. West's P.S.A. RCP Marjorie A. RUZZO, and Exec., Inc., etc., Re- spondents. Rule 1.280(6)(1). No. 97.82. [31 Pretrial Procedure 307A C=36.1 Oct. 10, 1997. 307A Pretrial Procedure As MoOfled on Grant of Clarification Jan. 2, 1998. rev own% €6. rt 5.. - zit Plaintiffs brought action against alleged house k of no , keteri3 ). 307A11 Depositions and Discovery ; 307All(A) Discovery in General ado, coercion of prostitu tion. 307Ak36 Particular Subjects of Disclos- um prostitution for, inter 307Ak36.1 k. In General. Most Cited The Circuit Court, Brevard County , Frank Pound, Cases J., granted in part defendants' motion to compel die- Evidence of plaintiffs' past prostitution and their covery. Plaintiffs filed petition for writ of carder- revenues relating to such activities, including activ- art The District Court of Appeal, W. Sharp, J., held ides with alleged house of prostitution against that evidence of plaintiffs' past prostitution and which they had filed suit, was disceverable, where their revenues relating to such activities was dis• plaintiffs brought action not only for coercion of covetable. prostitution, but also for battery, false imprison- meat, invasion of privaoy, intentional infliction of Petition denied. emotional distress, violation of their civil rights, and racketeering. Violent Crime Control and Law 11111113, J., concurred specially and Bled opinion. Enforcement Act of 1994, § 40302, 'a West Headnotes 13961; West's FS.A. §{1 772.014, 796.09; West's F.S.A. RCP Rule 1280(*(1). *1076 Richard E. Johnson and Heather Fisher Lind- D3 Pretrial Procedure 307A C=P31 say, of Spriggs & Johnson, Tallahassee, for Peti- tioners. 307A Pretrial Procedure 307A11 Depositions and Discovery 307A11(A) Discovery In General Mark S. Peters of Amad, Theriac 4 Eisemnenger, P.A., Cocoa, for Respon dents. 307Ak31 k. Relevancy and Materiality. Most Cited Oases Discovery In civil cases must be relevant to subject W. SHARP, Judge. matter of case and must be admissible or reason- ble evidenc e. ably calculated to lead to admissi Baths and Shumate petition this court for a writ of West's P.S.A. RCP Rule 12B0(6)(1). certiorari to review certain portions of the lower court's order which granted, In pea, a motion to 123 Pretrial Procedure 307A ca=31 compel discovery Bled by respondents Rune and Exec., Inc. Petitioners argue that theise portions de- 307A Pretrial Procedure part from the essential requirements Of law and will 307AE Depositions and Discovery cause them irreparable harm because they will be 307A11(A) Discovery in General Works. 2009 Thomson Reuters/West. No Claim to Orig. US Gov. EXHIBIT yj -Split8cprft= HTIALFAifmnNotSetiont.. 3/26/2009 http://web2.vvestlaw.corn/printlprintstream.aspx?sr- EFTA01070507 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 22 of 46 Pgge 2 of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 2 of 8 Page 2 703 So.2d 1076 703 So.2d 1076, 22 Fla.L. Weekly D2375,23 Pla. L. Weekly D169 (Cite as: 703 So.2d 1076) titioners against their will. Count IV alleges that re- compelled to disclose Intimate details of their sexu- msteryr ate,mog„040 ry the unit ntrertinrari spondents' actions constituted an Invasion of peti- tioners' privacy. Count V is a claim )or the inten- tional Infliction of emotional distress.,Count VI al- Bales and Shumate filed suit against Ruzzo and Ex- ec, Inc., doing business as 'The Boardroom." Ac- leges a civil rights action-that respondents have vi- olated petitioner? right to be free from crimes of vi- cording to Baku and Shumate, The Boardroom op- crates ostensibly as 9077 a leisure spa but actually olence motivated by gender within the meaning of 42 U.S.C. section 13981. Finally, count VII seeks is a house of prostitution. Batas worked at The civil remedies for criminal practices or racketeering Boardroom from December 1993 until February pursuant to section 772.104, FloridaiStatutes. The 1996; Shumate worked there from October 1992 petitioners claim that they suffered emotional pain, until March 1996. Ruzzo, the sole officer and anguish, humiliation, Insult, Indignity; loss of self- shareholder of Exec, Inc., collected about fifty to esteem, inconvenience, hurt and emotional distress. sixty percent of each employees' earnings from per- They seek an award of general and punitive dam- forming sexual acts. ages, among other relief. According to Batas and Shumate, Ruzzo exerted The discovery to which the petitioners am being re- mental and emotional control over her employees quked to respond Is as follows: and thus she was able to exploit them as prostitutes. Ruzzo required her employees to pay her substan- tial sums of money to attend "metaphysical work- I. ed shops" conducted by Ruzzo or persons associat At the work place, the employe es were re- with her. Interrogatory 8: Please advise how long have you quired to participate in religious and quasi-religious been engaged In prostitution... "circles," rituals and incantations. These practices were allegedly designed to break down the person- alities of the women who worked for Ruzzo and to one foster dependency and loyalty to herself. At earning s of a new employ ee were time when the Interrogatory 22: State with specificity the man- missing and believed to be stolen, Russo required ner in which the acts as described !in your Com- cav- that the petitioners be strip searched and body plaint have materially affected ho'/ you Interact Ruzzo caused the petition ers to be- ity searched. with your husband, boyfriend, nuncio' [sic] or nt on lieve their continued employment was depende any other individual of the opposite sex. they their submission to these searches and that felony charges if they refused might be arrested on to submit to the searches. int Balsa end Shumate's second amended compla Request for Production 30: A copy of any photo- against Russo contains seven counts. Count I is an graphs, movies or videotapes in which you per- sec- action for coercion of prostitution pursuant to formed sexual acts and/or simulatUd sexual acts the tion 796.09, Plorlda Statutes. Petitioners allege In exchange for money or other consideration. requirement that they perform sexual acts to retain their employment constitutes Inducement and coer- cion to engage in prostitution. Count II is a claimg IV. for battery for the unwanted and offensive touchin for of the petitioners' bodies. Count In Is a claim Interrogatory 16: Please list the names, addressee, per false Imprisonment for physically confining the telephone numbers and rates of pay for all em- ployers for which you worked. including the Gov. Works. © 2009 Thomson Reuters/West No Claim to Orig. US Split&prftr-HlivILE&ifnr-NotSet&rnt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx'?sv— EFTA01070508 Case 9:08-tv-8011 9-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 23 of 46 • " ' of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 3 of 8 Page 3 703 So.2d 1076 703 So.2d 1076,22 Fla.L. Weekly D2375, 23 Fla.L. Weekly D169 (Cite as: 703 So.2d 1076) nature, custody, condition, and location of any nature of the work, during the five yens immedi- dtanmeshig4herdare amppinyenrnt "6th Ihr hnnkc. documents, or other tangible things and the date of your termination the identity and location of persons having know- Boardroom and from ledge of any discoverable matter. It. Is not ground with the Boardroom to the present, providing the for objection that the information sought will be names of your immediate supervisors at each Inadmissible at the trial if the information sought place of employment and the reason for your appears reasonably calculated to lead to the dis- leaving each place of employment. covery of admissible evidence. V. Nonetheless, the discovery of certain kinds of in- formation may cause material injury ,of an irrepar- able nature. This includes the "cat-out-of-the-bag" Interrogatory 26: Please state your total income material that could be used to injure another person while employed at the Boardroom, and state the or party outside the context of the litigation, materi- source of that locome including any income from al protected by privilege, trade ;carets or work other employment or *1078 income earned from product. Discovery was never intended to be used prostitution other than at the Boardroom. es a tactical tool to harass, embarrass or annoy one's adversary. Rather, pretrial discovery was im- VI. plemented to simplify the issues in a case, to elim- inate the elements of surprise, to encourage the set- tlement of cases, to avoid the cost of litigation, and Request for Production 34: Business records from to achieve a balanced search for the truth to ensure any selfamp)oyment or owned business ventures a fair trial. Elkins v. Sykes!, 672 So.2d 517 (Pla.1996). in the last 5 years, including any records or list of customers, "special customer lists" or "sugar Hem the petitioners argue that the information daddy's list." sought to be discovered regarding prostitution and t to their sexual activities was propounded solely to em- 11112) Discovery in civil cases must be relevan barrass them and to invade their right to privacy. the subject matter of the case and must be admiss- ble The petitioners also claim that this Information is ible or reasonably calculated to lead to admissi privileged under section 796.09 and is not calcu- evidenc e. See Allstate Insuran ce Co. v. Langsto n, lated to lead to evidence which would be admiss- 655 So.2d 91 (Fia.1995); Ametue n Newman, 653 ible at trial. Sold 1030 (FI41995); Russell v. Stardust Cruis- The ers, Inc., 69D So.2d 743 (Pia. 5th DCA 1997). Section 796.09 provides a person with a civil cause concept of relevancy Is broader in the discovery of action for compensatory and punitive damages be context than In the trial context and a party may against anyone who coerces that person into prosti- permitted to discove r evidenc e that would be inad- tution, who coerces that penon to remain in prosti- missible at tisk if it would lead to the discovery of tution, or who uses coercion to collect or receive relevant evidence, Allstate; Arnente. Florida Rule of any part of that person's earning& derived from Civil Procedure 1280(b)(1) delineates the proper prostitution. In the course of Iltlgafion under this scope of discovery: section, any transaction about which ? plaintiff test- ifies or produces evidence does not subject the In General Parties may obtain discovery regard- plaintiff to criminal prosecution or to any penalty or ing any matter, not privileged, that is relevant to forfeiture. In addition, any testimony or evidence or the subject matter of the pending action, whether any information produced by the plaintiff or wit- it relates to the claim or defense of the party seeking discovery or the olaim or defense of any other party, Including the existence, description. Gov. Works. ® 2009 Thomson Reuters/West. No Claim to Orig. US Split&prft=HTMLE&ifm-NotSet&mt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7svt- EFTA01070509 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 24 of 46. i Document 54-3 Entered on FWD Docket 04/02/2009 Wel of 8 Case 9:08-ov-80811-KAM Page 703 Sold 1076 ID169 703 So.2d 1076,22 Fla. L. Weekly D2375,23 Fla. L. Weekly (Cite as: 703 So.2d 1076) arrested. ness for the plaintiffs cannot be used against the vaunt-fro Of WillianT1- 27Irttinia Under section 796.09, the petitioners' prior involve- proceeding, except ono for perjury. ment in prostitution and their earnings from prosti- tution would be Irrelevant. Hence discovery should Section 796.09(5) specifically provides that it is not not be permitted because such InforMation would a defense that the plaintiff was paid or otherwise not be admissible at trial nor would it be reasonably compensated for prostitution, that the plaintiff had calculated to lead to evidence ultimately admissible engaged in prostitution prior to any Involvement at trial. Even though the scope of discovery is gen- with the defendant or that the plaintiff made no at- erally quite broad, section 796.09 Is designed to en- tempt to escape from the defendant Section courage prostitutes to sue their pimps. Thus the 796.09(6) provides that convictions for prostitution usually broad scope of discovery may be tonsUlc- or prostitution-related offenses are inadmissible for ted so that prostitutes will not be embarrassed, har- the purpose of attacking the plaintiffs' credibility. assed or hindered in their actions. • This legislation was the result of the Florida Su- t3) Had the petitioners brought their lawsuit against preme Court Gender Bias Study Commission, Ruzzo and The Boardroom only undcr section which conducted an extensive investigation of pros- 796.09, evidence of petitioners' past prostitution. titution in this state. The Commission's activities Including with the Boardroom, and their earnings included Interviews with law enforcement and cor- relating to such activities, may not have been dis- rections personnel,*1079 judges, public defenders, coverable. However, the petitioners fi led a multi- prosecutors, drug rehabilitation counselors, social count complaint for compensatory . and punitive workers, medical personnel, prostitutes, clients and damages, alleging numerous causes of action pimps. The Commission found prostitution to bo against the respondents. These other causes carry prevalent and uniform throughout the state and law no such protection from discovery, Since the In- enforcement largely unable to deter It under pre- formation sought by discovery may he relevant or vailing social attitudes and judicial practices. The may Iced to the discovery of admissible evidence in Commission further found that prostitutes arc often one or more of these other causes of action or to victims of economic, physical, and psychological determination of damages, we cannon conclude that coercion, that most persons do not chose to become the trial court departed from the essential require- prostitutes, but do so to survive, and that ninety ments of law in granting this discovery. See Smith percent of street prostitutes, both adult and chil- 687 So.2d 895 (Fla. 3d dren, are controlled by pimps who use a variety of v. 778 Bank of the Keys, s to maintai n this control. The DCA 199'7) (by alleging fraud as well as breach of method coerciv e contract, purchaser placed at Issue her reliance on Commission determined that clients and pimps are venders assertions, the veracity of financial docu- rarely prosecuted and, when prosecuted, receive ments she submitted to the vendor, and the state of light sentences; whereas prostitutes, who are mainly her mental health, including memoryl problems she females, are frequently prosecuted and receive was experiencing at the time of the Alleged tortious harsher treatment in the courts. The Commission conduct, thus deposition questions Concerning her recommended changes in the methods of Interven- state of mind were relevant). tion in prostitution from punitive to therapeutic, changes in the law to require more equal treatment Petition for Writ of Certiorari DENIED. cli- by the courts of the prostitute In relation to the ent and the pimp and to lessen the incentive to THOMPSON, J., concurs. ac- traffic in human flesh by giving the prostitute HARRIS, J., concurs specially • with opin- system without first having to be cess to the judicial lon.HARRIS, Judge, concurring specially: Works. CJ 2009 Thomson Reuicrs[Wcsi No Claim to0rIg. US Gov. prft=liTMLE&ifmt.NotSet&ynt.. 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7sv-Split& EFTA01070510 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 25 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04102/2069 Pn eg5eqgf 8 Page 5 703 Sad 1076 70380.2d 1076.22Pb.L.Weedily D2375,23FIL L. Weekly D169 (Cite eel 703 So.2d 1076) any part of that person's earnings derived from There is a temptation in cases such as this to inquire prostriet which, the pot or the Kau°, trIMtruetrwith—thr darker hue. Indeed that may ultimately be the ques- The employees resist discovery of thdir past prosti- tion uppermost in the jurors' minds. But the Issue tution or their past or present earning experience on presently before us Is simply whether the pot, in or- the basis of subparagraph 5 of section 796.09: der to establish the parties' comparative complex- ;5) It does not constitute a defense to a complaint ion, may d