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State appeals court ruling allows possible release of Jeffrey Epstein transcripts

Opinion overturns decision by circuit court judge
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Posted at 8:43 PM, May 10, 2023
and last updated 2023-05-11 11:11:18-04

WEST PALM BEACH, Fla. — An appeals court, reversing a judge's decision, on Wednesday cleared the way for the possible release of transcripts from grand jury proceedings that charged financier Jeffrey Epstein in 2006.

The Fourth District Court of Appeal overturned a Dec. 20, 2021, ruling by Palm Beach County Circuit Judge Donald W. Hafele blocking the Palm Beach Post's access to the information.

In the ruling by Judges Melanie May, Cory Ciklin and Jeffrey Kuntz, they said the circuit judge improperly relied on a legal rule to deny the Post’s request to release the information.

The Post sued the Palm Beach County state attorney's office and the Palm Beach County clerk of the court. State Attorney Dave Aronberg was later dropped as a defendant, according to Wednesday's filing.

Clerk Joseph Abruzzo welcomed the decision.

"Today's ruling is the first step in the process for Jeffrey Epstein's victims to get the answers they deserve," he wrote in a statement. "Under the direction provided today by the Fourth District Court of Appeal, a judge would have the power to review the Epstein records and the discretion to direct our office to release them. This ruling is precisely the kind of clarification that we sought through this appeal."

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The appeals court wrote Hafele has the power to review the Epstein records and the discretion to direct the office to release them.

"As previously stated, I will leave no stone unturned to have these records released for full transparency to the public," Abruzzo said. "Our office will not appeal this ruling and looks forward to further direction from the court."

On Feb. 28, attorneys for the Post argued for the release.

"Upon remand, the trial court shall conduct an in-camera inspection of the material sought and using the guidance provided by Craig, decide whether the material's disclosure furthers justice," according to the appeals opinion. "If so, the court has the inherent authority to disclose any material that furthers justice. In doing so, the trial court shall take steps necessary to protect the identity of the victims, witnesses and those who have not been criminally charged. If the court determines disclosure of any of the material will not further justice, the court can, in its discretion, deny disclosure of that material."

In 2006, Epstein pleaded guilty to a single charge of solicitation of prostitution, despite claims of several underage women back then who told authorities Epstein forced them into sexual relations with him at his Palm Beach home.

Epstein died by suicide in 2019 after federal prosecutors brought several new charges against him.

Records obtained by the newspaper show that then State Attorney Barry Krischer portrayed Epstein's teenage victims as prostitutes in front of the grand jury and sought to minimize the crimes.

Epstein's former girlfriend and accomplice, Ghislaine Maxwell, was sentenced to 20 years in prison for Conspiring with Epstein to sexually abyse minors.

Abruzzo also is seeking a change to Florida grand jury laws that will allow his office to release the Epstein records with a court order. That bipartisan legislation was filed by Rep. Peggy Gossett-Seidman, R-Boca Raton, and Sen. Tina Polsky, D-Boca Raton.

"Unfortunately, the legislation did not complete its scheduled hearings before the end of the legislative session," he wrote. "We anticipate it will be refiled in September."