CA Florida Holdings LLC Publisher of the Palm Beach Post v. Aronberg, Dave Document 208: MOTION FOR RECONSIDERATION OF THE TRIAL COURT'S 2/29/2024 ORDER F/B PLTF (UP 6/12/2024)
There was a problem locating the requested document.
Page 1 Filing # 200383199 E-Filed 06/12/2024 11:45:51 AM
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,
CASE NO.: 50-2019-CA-014681-AG
Plaintiff,
PY
v.
CO
SHARON R. BOCK, as Clerk and
Comptroller of Palm Beach County, Florida,
D
Defendants.
IE
PLAINTIFF’S MOTION FOR RECONSIDERATION OF THE
TRIAL COURT’S FEBRUARY 29, 2024 ORDER
IF
Plaintiff CA Florida Holdings, LLC, publisher of The Palm Beach Post, for its Motion for
RT
Reconsideration of the Trial Court’s February 29, 2024 Order states:
Florida Holdings, LLC.
In 2019, PBP commenced this action seeking a declaration authorizing the release
A
2.
CE
The Palm Beach Post (“PBP”) is a daily community newspaper published by CA
1.
of testimony and related evidence presented to the Palm Beach County grand jury in 2006 during
On December 21, 2021, the trial court entered a Final Judgment dismissing PBP’s
N
3.
O
T
the first Jeffrey Epstein (“Epstein”) sex abuse investigation.
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
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/12/2024 11:45:51 AMPage 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.
On February 29, 2024, this Court issued an order that denied PBP’s motion for
PY
6.
CO
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.
In recognition of the Florida Legislature’s unanimous passage of Bill HB 117, and
D
7.
IE
Gov. Ronald DeSantis’ signing of the Bill into law on February 29, 2024 at a public ceremony in
IF
Palm Beach, Florida, the Court’s February 29, 2024 Order authorized PBP to file a motion for
RT
reconsideration.
On May 17, 2024, this Court granted PBP’s motion to amend its complaint to (1)
8.
CE
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
A
case style, and (3) substitute the current Clerk of the Court for the prior now retired Clerk of the
O
T
Court. Also on May 17, 2024, PBP filed its Second Amended Complaint.
N
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:
2Page 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,
PY
against the requests of the Town of Palm Beach Police Department that had recommended Epstein
CO
be charged with multiple sexual abuse felonies.
A copy of Gov. DeSantis’ press release is attached hereto as Exhibit “A”.
Gov. DeSantis also referenced the amendments to section 905.27 and stated that:
D
11.
IE
“HB 117 will allow disclosure of grand jury testimony if the following
IF
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.
CE
•
RT
•
The State Attorney is notified.
A
Because all of the above applies to the Jeffrey Epstein Florida case, this
O
T
legislation [HB 117] will authorize release of the Epstein grand jury
N
12.
documents when it takes effect on July 1, 2024.” See, Exh. “A”.
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”.
3Page 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”.
One of the sponsors of HB 117, Rep. Peggy Gossett-Seidman, stated prior to the
PY
14.
CO
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]
D
Office steered the [grand] jury away from indicting Epstein of serious
IE
charges, why they interviewed only one of many victims, released [Epstein]
IF
on time served to expand his predatory behavior worldwide, and if the
RT
system worked or failed.”
A copy of Rep. Gossett-Seidman’s remarks in favor of passage of HB 117 as reported by
15.
CE
Florida Politics are attached as Exhibit “D”.
Therefore, the 2024 amendments to Fla. Stat. section 905.27 remove all legal
THE PUBLIC INTEREST REQUIRES DISCLOSURE OF THE EPSTEIN
GRAND JURY MATERIALS
O
T
II.
A
impediments to the release of the Epstein grand jury materials.
The 2024 amendment to Fla. Stat section 905.27(1)(c) provides that grand jury
N
16.
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.”
4Page 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.
The State Attorney’s actions create a strong inference of favoritism and a
PY
19.
20.
CO
corresponding disregard for the rights of the minor victims of Epstein’s sex trafficking.
Access to the grand jury materials serves the public interest in that the public needs
D
to know if the grand jury was misused to shield Epstein and his co-conspirators from criminal
Gov. DeSantis and the Florida Legislature recognize that release of the Epstein
22.
PBP FULFILLS THE REQUIREMENTS OF SECTION 905.27(2)(c), AS
AMENDED
CE
III.
RT
materials furthers a “public interest.”
IF
21.
IE
liability.
The amendments to section 905.27(2)(c) state:
A
“When a court orders disclosure of [Grand jury] testimony pursuant to
T
subsection (1) in response to a request by the media or an interested person,
N
O
regardless of whether that purpose is for use in a criminal or civil case, it
may be disclosed so long as the subject of the grand jury is deceased, the
grand jury inquiry related to criminal or sexual activity between the subject
of the grand jury investigation and a person who was a minor at the time of
the alleged criminal or sexual activity, the testimony was previously
disclosed by court order, and the state attorney is provided notice of the
5Page 6 request. This paragraph does not limit the disclosure of testimony including
but not limited to, redaction.”
23.
As emphasized by Gov. DeSantis and Rep. Gossett-Seidman, all conditions for
release of the Epstein grand jury materials have been met. Epstein was the target of grand jury
testimony relating to criminal sexual activities between an adult and a minor, Epstein is deceased,
PY
the Fourth District Court of Appeals ordered release of the grand jury materials for an in camera
ultimately adopted a neutral position concerning disclosure.
Should this Court consider redactions of the grand jury transcript, PBP requests that
D
24.
CO
review, which has been completed, and the current State Attorney was a party to this litigation and
IE
the redactions be limited to protecting the identity of victims and non-victim witnesses who wish
IF
to remain anonymous.
RT
WHEREFORE, PBP respectfully requests that its Motion for Reconsideration be granted,
and this Court order the Clerk to disclose the 2006 Epstein grand jury testimony and related
A
deems just and proper.
CE
materials in the Epstein Florida criminal prosecution and grant such other relief that the Court
T
Respectfully submitted,
N
O
/s/ Stephen A. Mendelsohn
STEPHEN A. MENDELSOHN
Florida Bar No. 849324
GREENBERG TRAURIG, P.A.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Tel.: 954.768.8225
mendelsohns@gtlaw.com
smithl@gtlaw.com
6Page 7 MICHAEL J. GRYGIEL
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
54 State Street, 6th Floor
Albany, NY 12207
Tel.: 518.689.1400
grygielm@gtlaw.com
CO
PY
NINA D. BOYAJIAN
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, CA 90067
Tel.: 310.586.7700
boyajiann@gtlaw.com
riveraal@gtlaw.com
N
O
T
A
CE
RT
IF
IE
D
Counsel for Plaintiff CA Florida Holdings,
LLC, Publisher of The Palm Beach Post
7Page 8 CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been
electronically filed with the Florida E-File Portal for e-service on all parties of record herein on
June 12, 2024.
N
O
T
A
CE
RT
IF
IE
D
CO
PY
/s/Stephen A. Mendelsohn
8Page 9 T
O
N
A
D
IE
IF
RT
CE
EXHIBIT A
PY
COPage 10 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 11 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 12 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 13 T
O
N
A
D
IE
IF
RT
CE
EXHIBIT B
PY
COPage 14 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 15 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 16 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 17 T
O
N
A
D
IE
IF
RT
CE
EXHIBIT C
PY
COPage 18 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 19 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 20 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 21 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 22 T
O
N
A
D
IE
IF
RT
CE
EXHIBIT D
PY
COPage 23 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 24 T
O
N
A
D
IE
IF
RT
CE
PY
COPage 25 T
O
N
A
D
IE
IF
RT
CE
PY
CO
PDF Page 1
PlainSite Cover Page
PDF Page 2
Filing # 200383199 E-Filed 06/12/2024 11:45:51 AM
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,
CASE NO.: 50-2019-CA-014681-AG
Plaintiff,
PY
v.
CO
SHARON R. BOCK, as Clerk and
Comptroller of Palm Beach County, Florida,
D
Defendants.
IE
PLAINTIFF’S MOTION FOR RECONSIDERATION OF THE
TRIAL COURT’S FEBRUARY 29, 2024 ORDER
IF
Plaintiff CA Florida Holdings, LLC, publisher of The Palm Beach Post, for its Motion for
RT
Reconsideration of the Trial Court’s February 29, 2024 Order states:
Florida Holdings, LLC.
In 2019, PBP commenced this action seeking a declaration authorizing the release
A
2.
CE
The Palm Beach Post (“PBP”) is a daily community newspaper published by CA
1.
of testimony and related evidence presented to the Palm Beach County grand jury in 2006 during
On December 21, 2021, the trial court entered a Final Judgment dismissing PBP’s
N
3.
O
T
the first Jeffrey Epstein (“Epstein”) sex abuse investigation.
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
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/12/2024 11:45:51 AM
PDF Page 3
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.
On February 29, 2024, this Court issued an order that denied PBP’s motion for
PY
6.
CO
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.
In recognition of the Florida Legislature’s unanimous passage of Bill HB 117, and
D
7.
IE
Gov. Ronald DeSantis’ signing of the Bill into law on February 29, 2024 at a public ceremony in
IF
Palm Beach, Florida, the Court’s February 29, 2024 Order authorized PBP to file a motion for
RT
reconsideration.
On May 17, 2024, this Court granted PBP’s motion to amend its complaint to (1)
8.
CE
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
A
case style, and (3) substitute the current Clerk of the Court for the prior now retired Clerk of the
O
T
Court. Also on May 17, 2024, PBP filed its Second Amended Complaint.
N
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:
2
PDF Page 4
“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,
PY
against the requests of the Town of Palm Beach Police Department that had recommended Epstein
CO
be charged with multiple sexual abuse felonies.
A copy of Gov. DeSantis’ press release is attached hereto as Exhibit “A”.
Gov. DeSantis also referenced the amendments to section 905.27 and stated that:
D
11.
IE
“HB 117 will allow disclosure of grand jury testimony if the following
IF
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.
CE
•
RT
•
The State Attorney is notified.
A
Because all of the above applies to the Jeffrey Epstein Florida case, this
O
T
legislation [HB 117] will authorize release of the Epstein grand jury
N
12.
documents when it takes effect on July 1, 2024.” See, Exh. “A”.
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”.
3
PDF Page 5
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”.
One of the sponsors of HB 117, Rep. Peggy Gossett-Seidman, stated prior to the
PY
14.
CO
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]
D
Office steered the [grand] jury away from indicting Epstein of serious
IE
charges, why they interviewed only one of many victims, released [Epstein]
IF
on time served to expand his predatory behavior worldwide, and if the
RT
system worked or failed.”
A copy of Rep. Gossett-Seidman’s remarks in favor of passage of HB 117 as reported by
15.
CE
Florida Politics are attached as Exhibit “D”.
Therefore, the 2024 amendments to Fla. Stat. section 905.27 remove all legal
THE PUBLIC INTEREST REQUIRES DISCLOSURE OF THE EPSTEIN
GRAND JURY MATERIALS
O
T
II.
A
impediments to the release of the Epstein grand jury materials.
The 2024 amendment to Fla. Stat section 905.27(1)(c) provides that grand jury
N
16.
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.”
4
PDF Page 6
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.
The State Attorney’s actions create a strong inference of favoritism and a
PY
19.
20.
CO
corresponding disregard for the rights of the minor victims of Epstein’s sex trafficking.
Access to the grand jury materials serves the public interest in that the public needs
D
to know if the grand jury was misused to shield Epstein and his co-conspirators from criminal
Gov. DeSantis and the Florida Legislature recognize that release of the Epstein
22.
PBP FULFILLS THE REQUIREMENTS OF SECTION 905.27(2)(c), AS
AMENDED
CE
III.
RT
materials furthers a “public interest.”
IF
21.
IE
liability.
The amendments to section 905.27(2)(c) state:
A
“When a court orders disclosure of [Grand jury] testimony pursuant to
T
subsection (1) in response to a request by the media or an interested person,
N
O
regardless of whether that purpose is for use in a criminal or civil case, it
may be disclosed so long as the subject of the grand jury is deceased, the
grand jury inquiry related to criminal or sexual activity between the subject
of the grand jury investigation and a person who was a minor at the time of
the alleged criminal or sexual activity, the testimony was previously
disclosed by court order, and the state attorney is provided notice of the
5
PDF Page 7
request. This paragraph does not limit the disclosure of testimony including
but not limited to, redaction.”
23.
As emphasized by Gov. DeSantis and Rep. Gossett-Seidman, all conditions for
release of the Epstein grand jury materials have been met. Epstein was the target of grand jury
testimony relating to criminal sexual activities between an adult and a minor, Epstein is deceased,
PY
the Fourth District Court of Appeals ordered release of the grand jury materials for an in camera
ultimately adopted a neutral position concerning disclosure.
Should this Court consider redactions of the grand jury transcript, PBP requests that
D
24.
CO
review, which has been completed, and the current State Attorney was a party to this litigation and
IE
the redactions be limited to protecting the identity of victims and non-victim witnesses who wish
IF
to remain anonymous.
RT
WHEREFORE, PBP respectfully requests that its Motion for Reconsideration be granted,
and this Court order the Clerk to disclose the 2006 Epstein grand jury testimony and related
A
deems just and proper.
CE
materials in the Epstein Florida criminal prosecution and grant such other relief that the Court
T
Respectfully submitted,
N
O
/s/ Stephen A. Mendelsohn
STEPHEN A. MENDELSOHN
Florida Bar No. 849324
GREENBERG TRAURIG, P.A.
401 East Las Olas Boulevard, Suite 2000
Fort Lauderdale, FL 33301
Tel.: 954.768.8225
mendelsohns@gtlaw.com
smithl@gtlaw.com
6
PDF Page 8
MICHAEL J. GRYGIEL
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
54 State Street, 6th Floor
Albany, NY 12207
Tel.: 518.689.1400
grygielm@gtlaw.com
CO
PY
NINA D. BOYAJIAN
(Admitted Pro Hac Vice)
GREENBERG TRAURIG, LLP
1840 Century Park East, Suite 1900
Los Angeles, CA 90067
Tel.: 310.586.7700
boyajiann@gtlaw.com
riveraal@gtlaw.com
N
O
T
A
CE
RT
IF
IE
D
Counsel for Plaintiff CA Florida Holdings,
LLC, Publisher of The Palm Beach Post
7
PDF Page 9
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the foregoing has been
electronically filed with the Florida E-File Portal for e-service on all parties of record herein on
June 12, 2024.
N
O
T
A
CE
RT
IF
IE
D
CO
PY
/s/Stephen A. Mendelsohn
8
Back to 
