Filing # 201688170 E-Filed 07/01/2024 01:52:43 PMIN THE CIRCUIT COURT
OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
Case No. 50-2019-CA-014681-AG CA FLORIDA HOLDINGS, LLC,
Publisher of THE PALM BEACH POST, Plaintiff,
vs.
JOSEPH ABRUZZO, as Clerk and Comptroller of Palm Beach County, Florida,
Defendants. _________________________________/
ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION OF THE TRIAL COURT’S FEBRUARY 29, 2024 ORDER
AND CANCELING JULY 8, 2024 HEARING
THIS CAUSE, having come before the Court on The Palm Beach Post’s Motion for Reconsideration of The Trial Court’s February 29, 2024 Order, filed on June 12, 2024, and the Court, having considered the Motion, being advised of the arguments of the parties, and being otherwise advised of the premises, the Court Grants the Motion for Reconsideration and adjudicates the following:
Procedural History
In 2019, The Palm Beach Post 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.
FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 07/01/2024 01:52:43 PM
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On December 21, 2021, the trial court entered a Final Judgment dismissing The Palm Beach Post’s First Amended Complaint on the grounds that the Court lacked the statutory authority, under Florida Statute 905.27, to order the release of the Epstein grand jury materials.
On May 10, 2023, the Fourth District Court of Appeal remanded the case to the Circuit Court to conduct an in camera inspection of the Epstein grand jury materials to determine whether public disclosure would be “furthering justice” as defined by Florida Statute 905.27.
The Court ultimately determined the request did not further justice under the law as it existed at the time. The Court stated that it must follow the law and cannot create new law. Law making is a process that belongs exclusively to the people of Florida when they speak through their legislature and the executive branches. This concept is rudimentary and basic civics. The Courts interpret law - THE COURTS DO NOT MAKE LAW.
It is also important to note, that without an amendment to the statute, Grand Jury proceedings are generally always kept secret and are closed to the public. This is generally to protect jurors, witnesses, those accused, and the integrity of the case. Secrecy allows people to serve as jurors and witnesses to testify without fear of outside influence or retaliation. In some cases, it also ensures the protection of an innocent suspect’s reputation. Secrecy also makes it less likely that a defendant will abscond after learning they are being investigated. While those do not apply to Epstein, the law at the time did not carve out an exception.
During this time, among others, the Clerk of Court, Mr. Joseph Abruzzo, a former state legislator with vast experience in the legislative process, advocated to state legislators to amend the law. Their efforts were successful. Florida’s Legislature unanimously passed Bill HB 117.
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Once the bill passed both of the legislative houses, the Governor of Florida Ron DeSantis very quickly signed CS/HB117 amending Florida Statute 905.27 effective July 1, 2024. This amendment significantly modified the definition of “furthering justice” to expressly include furthering a public interest when the disclosure is requested pursuant to paragraph 905.27(2)(c). It cannot be understated that the amendment to the law very clearly allows what previously was not legally permissible.
The Court’s Order denying the release of the records also gave leave of Court for The Palm Beach Post to file a motion for reconsideration after July 1, 2024 - under the new statute.
On June 12, 2024, The Palm Beach Post moved for reconsideration of the Trial Court’s order based on the Florida Statute 905.27, as amended on July 1, 2024.
It cannot be disputed that the 2024 amendments to Florida Statute 905.27 were intended to remove the prior statutory hurdles to disclosure of the Epstein grand jury materials. In fact, the Court notes the bill was often called the “Epstein Grand Jury Bill” recognizing the prior statutory construction did not allow release of these records.
In the official press release, Gov. DeSantis explained his reasons for signing of CS/HB 117 into law. Gov. DeSantis stated, “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.”
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Conclusions of Fact and Law
Florida Statute 905.27(2)(c) now reads as follows:
When a court orders the disclosure of such testimony pursuant to subsection (1) in response to a request by the media or an interested person, 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 inquiry 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 a court order, and the state attorney is provided notice of the request. This paragraph does not limit the court's ability to limit the disclosure of testimony, including, but not limited to, redaction.
With that new legal mechanism in place, the Court makes the Following Findings.
The Court finds that the request involves a matter of public interest. The criminal prosecutions of the most infamous pedophile in American history began in Palm Beach County – with much controversy. For almost 20 years, the story of how Jeffrey Epstein victimized some of Palm Beach County’s most vulnerable has been the subject of much anger and has at times diminished the public’s perception of the criminal justice system.
Adding to the public interest, Epstein is indeed notorious and infamous and is widely reported to have flaunted his wealth while cavorting with politicians, billionaires, and even British Royalty. It is understandable that given those reports the public has a great curiosity about what was widely reported by news agency as “special treatment” regarding his prosecution. This matter is clearly the subject of public interest.
The Court finds that this request is made by the news media, specifically The Palm Beach Post. The Palm Beach Post is a daily newspaper that was founded in 1916 as a local publication in West Palm Beach. For decades, the Palm Beach Post was printed and published daily in Palm Beach County. The Court finds that despite its many changes, The Palm Beach Post has a long and rich history documenting our local community. Many local residents still rely on The Palm Beach
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Post to obtain information on national, state, and local events. The Palm Beach Post remains a newspaper of record in our county.
The Court finds Epstein is also widely reported to have been deceased since August 10, 2019, under controversial and “newsworthy” circumstances, while under “supervision” at Metropolitan Correctional Center in the state of New York. This adds to the public interest.
Having reviewed the testimony, the Court also finds the testimony relates to sexual activity between Epstein and child victims of sex trafficking. Again, it is widely accepted that Epstein is a notorious and serial pedophile. The testimony taken by the Grand Jury concerns activity ranging from grossly unacceptable to rape – all of the conduct at issue is sexually deviant, disgusting, and criminal.
The details in the record will be outrageous to decent people. It is also important to note that some of the testimony in the records of Epstein’s pedophilia involved other people, but there is nothing in this record that was outside the knowledge of law enforcement or Prosecutors – there is no new information.
Tragically, the record reveals that Epstein used children to find more victims. The record also shows that some of the children knew the type of people they could be exposed to and the infamous nature of such “notable” people.
The Court also notes the testimony was previously disclosed to law enforcement agencies. Furthermore, the State Attorney was properly noticed and long ago withdrew any objections to release the records and early on even did his best to disclose the information in his office’s possession without delay via an internet portal. As a result, he was eventually dropped as a named party in this action after much inconvenience and expense.
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IT IS ORDERED AND ADJUDGED,
The Motion for Reconsideration is GRANTED.
IT IS FURTHER ORDERED AND ADJUDED,
The hearing scheduled for July 8, 2024 is moot and is canceled.
IT IS FURTHER ORDERED AND ADJUDED,
The Palm Beach Post’s petition to release the Grand Jury proceedings regarding Jeffery Epstein under Florida Statute 905.27 as amended July 1, 2024 is also GRANTED.
With only a few redactions made by the Court to protect the identity of the minors, The Court hereby authorizes the Clerk of Court to release the redacted Clerks Notes and transcripts of the testimony in their entirety (attached as Exhibit “A”). The Court is not aware of anything more to review and disclose.
DONE and ORDERED at West Palm Beach, Palm Beach County, Florida.
