208.pdf

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, Plaintiff, v. SHARON R. BOCK, as Clerk and Comptroller of Palm Beach County, Florida, Defendants. CASE NO.: 50-2019-CA-014681-AG PLAINTIFF’S MOTION FOR RECONSIDERATION OF THE TRIAL COURT’S FEBRUARY 29, 2024 ORDER Plaintiff CA Florida Holdings, LLC, publisher of The Palm Beach Post, for its Motion for Reconsideration of the Trial Court’s February 29, 2024 Order states: 1. The Palm Beach Post (“PBP”) is a daily community newspaper published by CA Florida Holdings, LLC. 2. In 2019, PBP commenced this action seeking a declaration authorizing the release of testimony and related evidence presented to the Palm Beach County grand jury in 2006 during the first Jeffrey Epstein (“Epstein”) sex abuse investigation. 3. On December 21, 2021, the trial court entered a Final Judgment dismissing PBP’s First Amended Complaint on the ground the Court lacked the statutory authority, under Florida Stat. section 905.27, to order the release of the Epstein grand jury materials. 4. On May 10, 2023, the Fourth District Court of Appeal reversed the Final Judgment and remanded the case to the Circuit Court to conduct an in camera inspection of the Epstein grand Filing # 200383199 E-Filed 06/12/2024 11:45:51 AM FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/12/2024 11:45:51 AM NOT A CERTIFIED COPY 2 jury materials to determine whether public disclosure would be “furthering justice” as defined by Fla. Stat. section 905.27. 5. During the pendency of the in camera inspection, the Florida Legislature passed Bill HB 117 to amend Fla. Stat. section 905.27 to enable the release of the Epstein grand jury materials. 6. On February 29, 2024, this Court issued an order that denied PBP’s motion for release of the Epstein grand jury materials on the ground that release would not be “furthering justice” as defined by Fla. Stat. section 905.27. 7. In recognition of the Florida Legislature’s unanimous passage of Bill HB 117, and Gov. Ronald DeSantis’ signing of the Bill into law on February 29, 2024 at a public ceremony in Palm Beach, Florida, the Court’s February 29, 2024 Order authorized PBP to file a motion for reconsideration. 8. On May 17, 2024, this Court granted PBP’s motion to amend its complaint to (1) include the amendment to Fla. Stat. section 905.27 as a new basis for disclosing the Epstein grand jury materials, (2) drop the State Attorney for Palm Beach County, Florida as a defendant from the case style, and (3) substitute the current Clerk of the Court for the prior now retired Clerk of the Court. Also on May 17, 2024, PBP filed its Second Amended Complaint. I. THE 2024 AMENDMENTS TO SECTION 905.27 CLEARED ALL LEGAL IMPEDIMENTS FOR RELEASE OF THE EPSTEIN GRAND JURY MATERIALS 9. It should be undisputed that the 2024 amendments to Fla. Stat. section 905.27 were intended to remove all prior statutory hurdles to disclosure of the Epstein grand jury materials. 10. In the official press release of Gov. DeSantis, he explained his reasons for his signing of Bill HB 117 into law. Gov. DeSantis stated: NOT A CERTIFIED COPY 3 “The public deserves to know who participated in the Jeffery Epstein sex trafficking. Nobody should be protected from facing justice due to their wealth, or status, and those who harm children should be exposed and punished to the fullest extent of the law.” Gov. DeSantis further stated that the previous State Attorney who prosecuted Epstein empaneled a grand jury to keep the numerous sexual abuse accusations against Epstein secret, against the requests of the Town of Palm Beach Police Department that had recommended Epstein be charged with multiple sexual abuse felonies. A copy of Gov. DeSantis’ press release is attached hereto as Exhibit “A”. 11. Gov. DeSantis also referenced the amendments to section 905.27 and stated that: “HB 117 will allow disclosure of grand jury testimony if the following conditions are met: • The subject of the grand jury inquiry is dead. • The investigation was about sexual activity with a minor. • The testimony was previously disclosed by a court order. • The State Attorney is notified. Because all of the above applies to the Jeffrey Epstein Florida case, this legislation [HB 117] will authorize release of the Epstein grand jury documents when it takes effect on July 1, 2024.” See, Exh. “A”. 12. Gov. DeSantis, prior to his signing of Bill HB 117 into law, added that: “All files related to Jeffrey Epstein’s criminal activity should be made public.” A copy of the Florida Politics article reporting Gov. DeSantis’s statement is attached hereto as Exhibit “B”. NOT A CERTIFIED COPY 4 13. At the signing ceremony on February 29, 2024, Gov. DeSantis emphasized that: “There needs to be a mechanism in some of these circumstances where people can get the truth. This is in the interest of justice to disclose [the Epstein grand jury materials]. We don’t think we can turn a blind eye.” Gov. DeSantis’ remarks as reported by U.S. News are attached as Exhibit “C”. 14. One of the sponsors of HB 117, Rep. Peggy Gossett-Seidman, stated prior to the legislative vote in favor of passage of the Bill that: “The public and the victims have a right to know if the [State Attorney’s] Office steered the [grand] jury away from indicting Epstein of serious charges, why they interviewed only one of many victims, released [Epstein] on time served to expand his predatory behavior worldwide, and if the system worked or failed.” A copy of Rep. Gossett-Seidman’s remarks in favor of passage of HB 117 as reported by Florida Politics are attached as Exhibit “D”. 15. Therefore, the 2024 amendments to Fla. Stat. section 905.27 remove all legal impediments to the release of the Epstein grand jury materials. II. THE PUBLIC INTEREST REQUIRES DISCLOSURE OF THE EPSTEIN GRAND JURY MATERIALS 16. The 2024 amendment to Fla. Stat section 905.27(1)(c) provides that grand jury testimony must be disclosed for the purpose of: “Furthering justice, which can encompass furthering a public interest when disclosure is requested pursuant to paragraph (2)(c).” 17. The above amendment expands the definition of “furthering justice” found in the prior version of section 905.27(1) by requiring consideration of “a public interest.” NOT A CERTIFIED COPY 5 18. PBP has provided undisputed evidence in its Second Amended Complaint that disclosure of the Epstein grand jury materials will further a public interest. The evidence demonstrates that Epstein’s defense counsel supplied the then State Attorney with materials that the State Attorney used to undermine the credibility of a minor victim of Epstein’s sex abuse and which he also used to reduce the potential charges from serious sexual abuse felonies. 19. The State Attorney’s actions create a strong inference of favoritism and a corresponding disregard for the rights of the minor victims of Epstein’s sex trafficking. 20. Access to the grand jury materials serves the public interest in that the public needs to know if the grand jury was misused to shield Epstein and his co-conspirators from criminal liability. 21. Gov. DeSantis and the Florida Legislature recognize that release of the Epstein materials furthers a “public interest.” III. PBP FULFILLS THE REQUIREMENTS OF SECTION 905.27(2)(c), AS AMENDED 22. The amendments to section 905.27(2)(c) state: “When a court orders disclosure of [Grand jury]