Beyond The Horizon

ICYMI: Jeffrey Epstein Is Remanded To Custody (Part 2)

Our dive into the sick and twisted underbelly of Epstein's decades long crime spree continues in this episode as we look at the courts order to remand Jeffrey Epstein to custody after his arrest.

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to contact me:

bobbycapucci@protonmail.com

source:

Epstein-berman.pdf (courthousenews.com)

Duration:: 16m
Broadcast on:: 02 Jul 2024
Audio Format:: mp3

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See terms and conditions, 18-plus. What's up, everyone? And welcome back to the Epstein Chronicles. In this episode, we're going to continue taking a look at the decision and order, remanding Jeffrey Epstein to custody after he was arrested in 2019. The indictment. A grand jury voted to indict Mr. Epstein on or about July 2, 2019. The indictment charges Mr. Epstein with two felonies involving minor girls, some as young as 14. Count 1 includes conspiracy to commit sex trafficking of a minor girl in violation of US Code 18, Section 371, and Count 2 includes sex trafficking of minor girls in violation of US Code 18, Section 1591. It states, "From, at least, in or about 2002, up to and including at least in or about 2005, Jeffrey Epstein enticed and recruited and caused to be enticed and recruited minor girls to visit his mansion in Manhattan, New York and is a state in Palm Beach, Florida to engage in sex acts with them after which he would give the victims hundreds of dollars in cash." Indictment dated July 2, 2019. Moreover, in an order to maintain and increase the supply of victims, Mr. Epstein paid certain of his victims to recruit additional girls to be similarly abused by Epstein. In this way, Epstein created a vast network of underage victims for him to sexually exploit in locations including New York and Palm Beach. The indictment also charges that his victims, whereas young as 14 years old, at the time that they were abused by Mr. Epstein and were, for various reasons, often particularly vulnerable to exploitation. Mr. Epstein intentionally sought out minors and knew that many of his victims were, in fact, under the age of 18, because, in some instances, minor victims expressly told him their age. Following his arrest on Monday, July 8, 2019, Mr. Epstein was arraigned and presented with the indictment by magistrate Judge Henry Pittman. D. Legal principles governing release versus remand. Under the bail reform act, U.S. Code 18, Section 3142, a court can order a defendant's detention if it determines that the defendant is either one, a danger to the community, or two, a risk of flight. 18 U.S. Code, Section 3142E. A court does not need to find both bases are proven to order a defendant's detention, CID, United States v. Blanco, 570F, Appendix 7678, second circuit, 2014. Dangerousness means that the defendant is a danger to the safety of any person or the community. U.S. Code 18, Section 3142. A finding of dangerousness must be supported by clear and convincing evidence, C.E.G., United States v. Ferranti, 66F, 3D, 540, 542, second circuit, 1995. Where there is a strong probability that a person will commit additional crimes if released, the need to protect the community becomes efficiently compelling, that detention is on balance appropriate, United States v. Schimmernga, 760F.2D, 400, 403, second circuit, 1985. Even a single incident of witness tampering may be sufficient to revoke bail. La Fontaine, 210, F.3D at 134. To order detention based upon flight risk, the court must find the preponderance of the evidence that no conditions could reasonably assure the defendant's presence at trial. C.E.G., United States v. Jackson, 823, F.2D, 4, 5, second circuit, 1987. U.S. Code 18, Section 3142. The constitutional limits on a detention period, based on dangerousness to the community, may be looser than the limits on a detention period, based solely on the risk of flight. In the former case, release risks injury to others, while in the latter case, release risks only the loss of a conviction, United States v. Milling, 4F.3D, 1038, 1048, second circuit, 1993. Quoting United States v. Orana, 1986, F.2D, 628, 631, second circuit, 1993. A bail package that may reasonably assure the appearance of a defendant at trial will not necessarily assure that safety of the community. United States v. Rodriguez, 950, F.2D, 85, 89, second circuit, 1991. The bail reform act sets forth the following four factors to be considered in the release remand analysis. 1. The nature and circumstances of the crimes charged; 2. The weight of the evidence against the person; 3. The history and characteristics of the defendant, including the person's character and financial resources; and 4. The seriousness of the danger posed by the defendant's release. U.S. Code 18, Section 3142(g). The weight afforded to each factor under Section 3142(g) is within the special province of the District Court, United States v. Polino 335F, S. U. P. P., 3D, 600, 610, S. D. N. Y., 2018. Quoting United States v. Shakur, 817, F.2D, 189, 196, second circuit, 1987. The rules concerning admissibility of evidence in criminal trials do not apply to the presentation and consideration of information at the release remand hearing, U.S. Code 18, Section 3142(f)(2). For example, the government is entitled to present evidence supporting remand by way of proper, among other means. U.S. Code 18, Section 3142(f)(2), C. also U.S. v. La Fontaine, 210F.3D, 125, 131, second circuit, 2000. Bail hearings are typically informal affairs, not substitutes for trial, or even for discovery. U.S. Code 18, Section 3142(f)(2)B, expressly states that the federal rules of evidence do not apply at bail hearings, thus courts often based attention decisions on hearsay evidence. U.S. v. Obama, 389F.3D, 309, 321N.7, second circuit, 2004. District courts are afforded wide discretion regarding the scope of such hearings, United States v. Bartok, 472F, APX2527, second circuit, 2012. E. The presumption of remand in U.S. Code 18, Section 1591 cases. A U.S. Code 18, 1591 case involving sexual victimization of a minor is unusual in that it includes a presumption in favor of pretrial detention, reflecting the significant harm caused by such a crime. U.S. Code 18, Section 3142(e)(3) and (e). The presumption is that no condition or a combination of conditions will reasonably assure against flight or danger to the community. United States v. English, 629, F.3D, 311, 319 second circuit, 2010. Quoting U.S. Code 18, Section 3142(e)(3) and (e). Mr. Epstein may rebut the presumption by coming forward with evidence that he does not pose a danger to the community or a flight risk, United States v. Mercedes, 254, F.3D, 433, 436, second circuit, 2001. The government remains the ultimate burden of persuasion that Mr. Epstein presents a danger to the community by clear and convincing evidence and that Mr. Epstein presents a flight risk by a preponderance of evidence. Even if rebuttal evidence is presented, the presumption favoring detention does not disappear entirely. Idea 436, it remains a factor to be considered among those who weighed by the district court. Mr. Epstein poses a danger to others and to the community. The court begins with dangerousness because that concept is at the heart of this case. It finds that the government has shown by clear and convincing evidence that Mr. Epstein threatens the safety of another person and of the community as follows on pages 10 through 21. Victims have advised the court that they would fear for their safety if Mr. Epstein was released. Victims have specifically conveyed to the government that any form of release of the defendant, including home detention with full-time private guards, could result in their harassment and abuse at the bail hearing on July 15, 2019, two victims movingly testified about their past sexual encounters with Epstein when they were minors age 14 and 16, respectively. Judy was boring. Hello. Judy discovered Jumba Casino.com. It's my little escape. Now Judy's the life of the party. Oh baby, mama's bringing home the bacon. Whoa, take it easy, Judy. The Jumba life is for everybody. So go to Jumba Casino.com and play over a hundred casino-style games. Join today and play for free for your chance to redeem some serious prizes. Jumba Casino.com. No purchase necessary for your prohibited by law, 18 plus terms and conditions apply. See what site for details. At 22, in enacting the CVRA, Congress stated that victims deserve the right to be heard at specific points in the criminal justice process, including bail hearings, giving victims a voice not only improves the quality of the process, but can also be expected to often provide important benefits to the victims. Ms. Annie Farmer was introduced by her counsel, David Boyes, and stated that she was only 16 years old when she had the misfortune of meeting Jeffrey Epstein. In New York on 715-19. Ms. Farmer said that Mr. Epstein flew her to New Mexico and was inappropriate with her. She was reluctant to go into details about her experience with Mr. Epstein. Ms. Farmer opposes Mr. Epstein's pre-trial release because she believes other Epstein victims would continue to be victimized and that Mr. Epstein's wealth and privilege and notoriety would make it difficult for other victims to come forward. Ms. Annie Farmer said she was actually abused by Jeffrey Epstein, starting at the age of 14, ID at 73 and 74. She asked the court to keep Mr. Epstein in detention for the safety of any other girls out there that are going through what she's going through, ID at 74. Ms. Wilde said that Mr. Epstein is a scary person to have walking the streets. Ms. Epstein poses a threat to additional girls if he is released. At the remand release hearing on Monday, July 15, 2019, the court heard poignant testimony from two of Epstein's alleged victims about their fears and anxiety over his potential release, even if under strict conditions of home confinement. The court is also concerned for new victims. Ms. Epstein's alleged excessive attraction to sexual conduct with sexual conduct with or in the presence of minor girls, which is said to have included his solicitation and receiving massages from young girls and young women, perhaps as many as four times a day, appears likely to be uncontrollable. See United States versus Manicchi 128F, 827, 829 through 830, second circuit, 2005. Defendants alleged sex crimes were of an addictive sexual nature that cannot be suppressed simply by a restrictive set of bell conditions. Accordingly, Mr. Epstein and his past sexual conduct is not likely to have abated or been sexually suppressed by fierce determination, as his Defense Council suggests. Defense Council contends that he wasn't a predator that couldn't control his conduct. He disciplined himself. Defense Council also argues that appreciating the gravity of these charges, putting aside the age of these witnesses, and putting the consent issue aside, it's not like Epstein is an out of control rapist. See the transcript at 36. It seems fair to say that Mr. Epstein's future behavior will be consistent with past behavior, including the trove of lewd photographs of young looking women or girls, which were recently uncovered during the July 6th and 7th, 2019 search of Mr. Epstein's 71st street mansion. See docket 11. The search results suggest the possibility that the defendant could target another vulnerable victim. See United States vs Baker. F.SUPP.3D. 11/11/13, 11/35, D&M, 2018, where the defendant was alleged to have specifically target vulnerable women and where he attempted to contact an alleged victim, the court was persuaded that the defendant would be a danger to society if released. Despite having been convicted of the above-mentioned two Florida sex crimes in 2008 involving an underage girl, Mr. Epstein, as noted, maintained at his New York residence, a vast trove of sexually suggestive photographs of nude underage and adult girls. Docket 11. Example 1 at 9. That is during the July 6th, 2019 authorized search of Mr. Epstein's NYC residence, the FBI found a substantial collection of photographs, trophies, of his victims, and other young females. Docket 11 at 10. This evidence includes compact disc labeled young redacted name, redacted name, miscellaneous nudes won, and girls picks nudes. The government contends that this evidence includes hundreds, or perhaps thousands, of sexually suggestive photographs of nude underage girls and women, and that it is corroborative in nature. And it is consistent with the victim recollection of the inside of Mr. Epstein's residence, Docket 11, example 1 at 9. This newly discovered evidence also suggests that Mr. Epstein poses ongoing and forward-looking danger. See, Docket 11 at 10. See also Baker 349, SUPP.3D at 1135, United States versus Goodwin, 2015 WL, 6386, 568 at 3WD, KY October 21st, 2015. All right, we're going to wrap up this episode here, and in the next episode we'll pick up where we left off. All of the information that goes with this episode can be found in the description box. Step into the world of power, loyalty, and luck. I'm going to make him an offer he can't refuse. The family, canoles, and spins mean everything. Now, you want to get mixed up in the family business. Introducing the Godfather at ChampaCicino.com. Test your luck in the shadowy world of the Godfather Slodge. Someday, I will call upon you to do a service for me. Play the Godfather, now at ChampaCicino.com. Welcome to the family. No purchase necessary, VTW Group. Avoid where prohibited by law, 18 plus, terms, and conditions apply.