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Filing # 34801581 E-Filed 11/23/2015 05:53:31 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN
AND FOR BROWARD COUNTY, FLORIDA
BRADLEY J. EDWARDS and PAUL G.
CASSELL,
CASE NO.: CACE 15-000072
Plaintiffs,
vs.
ALAN M. DERSHOWITZ,
Defendant.
/
PLAINTIFFS/COUNTERCLAIM DEFENDANT EDWARDS AND
CASSELL'S RESPONSE TO DERSHOWITZ'S MOTION TO DETERMINE
CONFIDENTIALITY OF COURT RECORDS
Plaintiffs/Counterclaim Defendants Bradley J. Edwards and Paul G. Cassell, by and
through their undersigned attorneys, hereby file this response to Dershowitz's Motion to
Determine Confidentiality of Court Records. The records at issue are not confidential, and so the
Court should deny Dershowitz's motion in its entirety.
The court records at issue are three court filings by attorneys Edwards and Cassell
in which they recite their client's (Mr. Virginia Giuffre's) allegations that she was sexually
abused by Dershowitz. These records are hardly "confidential" in this defamation case,
where the parties have claims and counterclaims about these sexual abuse
Allegations. Rather, these records are an important part of this case, since they not only
support the conclusion that Dershowitz abused Ms. Giuffre, but also indisputably establish
Edwards and Cassell's strong basis for filing the allegations on her behalf. Moreover,
contrary to assertions made in Dershowitz's motion, these documents have never been
found to be "confidential" by any other court. And Dershowitz has repeatedly referred to
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these documents, not only in defamatory statements broadcast worldwide, but also in his
pleadings before this Court and in recent depositions. Indeed, Dershowitz said in his
media interviews that he wants "everything to be made public" and implied that Edwards
and Cassell had something to hide. Accordingly, Dershowitz has failed to carry his heavy
burden to justify sealing these presumptively-public documents.
I. DERSHOWITZ HAS NOT JUSTIFIED SEALING ALLEGED
DEFAMATORY RECORDS THAT ARE INTEGRAL TO THIS
DEFAMATION CASE.
In his motion, Dershowitz never recounts the heavy burden that he must carry to seal the
records at issue. To be sure, Florida Rule of Judicial Administration 2.420 allows for the sealing
of "confidential" materials. But the Rule begins by recounting the overarching principle that
"[t]he public shall have access to all records of the judicial branch of government, except as
provided below." Fla. R. Jud. Admin. 2.420(a). This rule is a codification of the Florida
Supreme Court's admonition that a "a strong presumption of openness exists for all court
proceedings. A trial is a public event, and the filed records of court proceedings are public
records available for public examination." Barron v. Florida Freedom Newspapers, Inc., 531
So.2d 113, 118 (Fla. 1988) (emphasis added). In light of this presumption of openness, "[t]he
burden of proof in [closure] proceedings shall always be on the party seeking closure." Id. To
obtain a sealing order, the party seeking sealing must carry a "heavy burden." Id.
Remarkably, Dershowitz fails to acknowledge these well-settled principles. More
important, he even fails to cite (much less discuss) the limited substantive exceptions to this
general principle of access — and which specific exception he believes applies to this
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case. Accordingly, it is impossible for Edwards and Cassell to respond with precision to his
motion.
The exceptions that might arguably be in play in this case permit records to be maintained
as confidential in order to:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
Prevent a serious and imminent threat to the fair, impartial, and orderly
administration of justice;
Protect trade secrets;
Protect a compelling governmental interest;
Obtain evidence to determine legal issues in a case;
Avoid substantial injury to innocent third parties;
Avoid substantial injury to a party by disclosure of matters protected by a
common law or privacy right not generally inherent in the specific type of
proceeding sought to be closed;
Comply with established public policy set forth in the Florida or United
States Constitution or statutes or Florida rules or case law ....
Fla. R. Jud. Admin. 2.420(c)(9) (codifying the holding in Barron v. Florida Freedom
Newspapers, Inc., 531 So.2d 113 (Fla. 1988)). The only exception that seems to even arguably
apply here is exception vi, which itself specifically provides that confidentiality is appropriate
only where disclosure is "not generally inherent in the specific type of proceeding sought to be
closed" (emphasis added). Of course, this lawsuit is a defamation action — involving
a defamation claim by Edwards and Cassell and a defamation counterclaim by
Dershowitz. Disclosure, discussion, and debate about the defamatory statements at issue lies at
the heart of the case. Accordingly, disclosure of these materials is "inherent" in the case itself.
The principle that defamatory material in a defamation case cannot be sealed is recognized
in Carnegie v. Tedder, 698 So.2d 1310 (2d DCA 1997). Carnegie involved a claim and
counterclaim between two parties (Carnegie and Tedder), one of whom alleged that disclosure of
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the materials in the records would be harmful to his professional
reputation. Carnegie recited subsection vi's restriction on release of materials involving a
privacy right, but noted that "statements Tedder alleged were defamatory and damaging were
allegations in Carnegie's counterclaim for which she seeks damages.
These matters were not peripheral to the lawsuit; they were inherent to it." Id. at 1312. Of
course, exactly the same principle applies here: sexual abuse allegations filed by attorneys
Edwards and Cassell for their client Ms. Virginia Giuffre are not peripheral to this lawsuit — they
are inherent to it.
To see how "inherent" the sexual abuse allegations are to this lawsuit, the Court need
look no further than Dershowitz's counterclaim in this case. Count I of Dershowitz's
Counterclaim (styled as "False Allegations in the Joinder Motion) contends that Edwards and
Cassell should pay him damages because they "filed a pleading in the Federal Action titled 'Jane
Doe #3 and Jane Doe #4's Motion Pursuant to Rule 21 for Joinder in Action' . . . ." Dershowitz
Counterclaim at 11 14. Dershowitz's Counterclaim then goes on to quote at length from the
Joinder Motion. His counterclaim contains, for example, this paragraph recounting the
allegations:
The Joinder Motion then goes on to allege — without any supporting evidence — as
follows:
One such powerful individual that Epstein forced then-minor Jane Doe #3 to
have sexual relations with was former Harvard Law Professor Alan
Dershowitz, a close friend of Epstein's and well-known criminal defense
attorney. Epstein required Jane Doe #3 to have sexual relations with
Dershowitz on numerous occasions while she was a minor, not only in Florida
but also on private planes, in New York, New Mexico, and the U.S. Virgin
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Islands. In addition to being a participant in the abuse of Jane Doe #3 and other
minors, Dershowitz was an eye-witness to the sexual abuse of many other
minors by Epstein and several of Epstein's coconspirators. Dershowitz would
later play a significant role in negotiating the [Non-Prosecution Agreement] on
Epstein's behalf. Indeed, Dershowitz helped negotiate an agreement that
provided immunity from federal prosecution in the Southern District of Florida
not only to Epstein, but also to "any potential coconspirators of Epstein." Thus,
Dershowitz helped negotiate an agreement with a provision that provided
protection for himself against criminal prosecution in Florida for sexually
abusing Jane Doe #3. Because this broad immunity wouldhave been
controversial if disclosed, Dershowitz (along with other members of Epstein's
defense team) and the Government tried to keep the immunity provision secret
from all of Epstein's victims and the general public, even though such secrecy
violated the Crime Victims' Rights Act.
Dershowitz Counterclaim at 1115 (quoting Joinder Motion at 4).
Remarkably, having quoted at length from the Joinder Motion in his Counterclaim in this
case, Dershowitz now seeks to have that very same language from the Joinder Motion deemed
"confidential" and sealed. Compare Counterclaim at ¶15 (block quotation above) with Motion to
Determine Confidentiality, Exhibit A at 4 (composite exhibit with proposed "confidential"
document that includes paragraph beginning "[o]ne such powerful individual that Epstein forced
then-minor Jane Doe #3 to have sexual relations with was former Harvard Law Professor Alan
Dershowitz, a close friend of Epstein's . . . ."). Dershowitz cannot come before this Court and
file a counterclaim seeking damages from Edwards and Cassell for alleged defamatory
statements and then ask to have those very same statements placed under seal as
"confidential." See Barron v. Florida Freedom Newspapers, 531 So.2d at 119 ("although
generally protected by one's privacy right, medical reports and history are no longer protected
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when the medical condition becomes an integral part of the civil proceeding, particularly when
the condition is asserted as an issue by the party seeking closure" (emphasis added)).
H. JUDGE MARRA'S ORDER IN HIS CASE DOES NOT REQUIRE THAT
THE RECORDS BE SEALED IN THIS CASE.
Dershowitz also appears to contend that Judge Marra's order striking some of the
materials from the records at issue somehow requires that these stricken materials be kept
confidential in this case. Dershowitz's argument misunderstands both the scope of Judge
Marra's order and its effect in this case. His argument rests on a truncated — and misleading --
description of the events surrounding Judge Marra's ruling striking certain documents. A more
complete description makes clear that Judge Marra has not determined the documents are
somehow "confidential" even in the federal Crime Victims' Rights Act case — much less in this
separate state defamation action.
Edwards and Cassell filed the federal case pro bono on behalf of two young women who
were sexually abused as underage girls by Dershowitz's close personal friend — Jeffrey
Epstein. In 2008, Edwards and Casell filed a petition to enforce the rights of "Jane Doe No. 1"
and "Jane Doe No. 2" under the Crime Victims' Rights Act (CVRA), 18 U.S.C. § 3771, alleging
that the Government had failed to provide them rights with regard to a plea arrangement it was
pursuing with Epstein. Jane Doe No. 1 and Jane Doe No. 2 v. United States, No. 9:08-cv-80736
(S.D. Fla.). In the course of that case, on October 11, 2011, the victims filed discovery requests
with the Government, including requests specifically seeking information about Dershowitz,
Prince Andrew, and others. Further efforts from the Government to avoid any discovery
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followed (see generally Docket Entry or "DE" 225-1 at 4-5), ultimately leading to a further
Court ruling in June 2013 that the Government should produce documents. DE 189. The
Government then produced about 1,500 pages of largely irrelevant materials to the victims (DE
225-1 at 5), while simultaneously submitting 14,825 pages of relevant materials under seal to the
Court. The Government claimed that these pages were "privileged" for various reasons,
attaching an abbreviated privilege log.
While these discovery issues were pending, in the summer of 2014, Edwards and Cassell,
contacted Government counsel to request their agreement to add two additional victims to the
case, including Ms. Virginia Giuffre (who was identified in court pleadings as "Jane Doe No.
3"). Edwards and Cassell sought to have her added to the case via stipulation, which would have
avoided the need to include any detailed facts about her abuse. Weeks went by and the
Government — as it had done on a similar request for a stipulation to add another victim — did not
respond to counsel's request for a stipulation. Finally, on December 10, 2014, despite having
had four months to provide a position, the Government responded by email to counsel that it was
seeking more time, indicating that the Government understood that victims' counsel might need
to file a motion with the court on the matter immediately. DE 291 at 3-5. Rather than file a
motion immediately, victims' counsel waited and continued to press the Government for a
stipulation. See id. at 5. Finally, on December 23, 2014 — more than four months after the initial
request for a stipulated joinder into the case — the Government tersely indicated its objection,
without indicating any reason: "Our position is that we oppose adding new petitioners at this
stage of the litigation." See DE 291 at 5.
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Because the Government now contested the joinder motion, Edwards and
Cassell prepared a more detailed pleading explaining the justification for granting the
motion. One week after receiving the Government's objection, on December 30, 2014, Ms.
Giuffre (i.e., Jane Doe No. 3) and Jane Doe No. 4 filed a motion (and later a corrected motion)
seeking to join the case. DE 279 and DE 280. (Note: DE 280 is the first of the three documents
Dershowitz seeks to have declared "confidential" in this case.) Uncertain as to the basis for the
Government's objection, the motion briefly proffered the circumstances that would qualify
the two women as "victims" eligible to assert rights under the CVRA. See 18 U.S.C. 3771(e)
(defining "crime victim" protected under the Act). With regard to Ms. Giuffre, the motion
indicated that when she was a minor, Jeffrey Epstein had trafficked her to Dershowitz and Prince
Andrew (among others) for sexual purposes. Jane Doe No. 3 stated that she was prepared to
prove her proffer. See DE 280 at 3 ("If allowed to join this action, Jane Doe No. 3 would prove
the following .... "). The motion also provided specific reasons why Jane Doe No. 3's
participation was relevant to the case, including the pending discovery issues regarding
Dershowitz and Prince Andrew. DE 280 at 9-10 (explaining several reasons participation of new
victims was relevant to existing issues).
After the motion was filed, various news organizations published articles about
it. Dershowitz also made numerous media statements about the filing, including calling Jane
Doe No. 3 "a serial liar" who "has lied through her teeth about many world
leaders." http ://vvww cnn . co m/2015/01/06/us/dershowi tz-sex -all e gati on/. Dershowitz also
repeatedly called Edwards and Cassell "two sleazy, unprofessional, disbarable lawyers." Id. On
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January 5, 2015, Dershowitz filed a motion to intervene to argue to have the allegations
stricken. DE 282. Dershowitz also argued that Ms. Giuffre had not provided a sworn affidavit
attesting to the truth of her allegations. On January 21, 2015, Edwards and Cassell filed a
response for Ms. Giuffre and Jane Doe No. 4. DE 291. (Note: This is the second of the three
documents Dershowitz seeks to have kept under seal here.) The response enumerated nine
specific reasons why Ms. Giuffre's specific allegations against Dershowitz were relevant to the
case, including the fact that Ms. Giuffre needed to establish that she was a "victim" in the case,
that pending discovery requests concerning Dershowitz-specific documents were pending, and
that Dershowitz's role as a defense attorney in the case was highly relevant to the motive for the
Government and defense counsel to conceal the plea deal from the victims. DE 291 at 17-26 &
n.17. The response included a detailed affidavit from Ms. Giuffre about the sexual abuse she had
suffered from Epstein, Dershowitz, and other powerful persons. DE 291-1. On February 6,
2015, Edwards and Cassell filed a further pleading (and affidavit from Ms. Giuffre, see DE 291-
1) in support of her motion to intervene. (Note: this affidavit is the third of the three documents
Dershowitz seeks to have declared confidential.)
On April 7, 2015, Judge Marra denied Ms. Giuffi-e's motion to join the case. Judge
Marra concluded that "at this juncture in the proceedings" details about the sexual abuse she had
suffered was unnecessary to making a determination "of whether Jane Doe 3 and Jane Doe 4
should be permitted to join [the other victims'] claim that the Government violated their rights
under the CVRA. The factual details regarding with whom and where the Jane Does engaged in
sexual activities are impertinent to this central claim (i.e., that they were known victims of Mr.
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Epstein and the Government owed them CVRA duties), especially considering that the details
involve non-parties who are not related to the respondent Government." DE 324 at 5 (emphasis
in original). While Judge Marra struck those allegations, he emphasized that "Jane Doe 3 is free
to reassert these factual details through proper evidentiary proof, should [the victims]
demonstrate a good faith basis for believing that such details are pertinent to a matter presented
for the Court's consideration. Judge Marra then denied Ms. Giuffre's motion to join the case,
but allowed her to participate as trial witness: "The necessary 'participation' of [Ms. Giuffre] ...
in this case can be satisfied by offering ... properly supported — and relevant, admissible, and
non-cumulative — testimony as needed, whether through testimony at trial ... or affidavits
supported in support [of] the relevancy of discovery requests." DE 324 at 8 (emphasis
deleted). In a supplemental order, Judge Marra stated that the victims "may re-refile these
documents omitting the stricken portions." DE 325. The victims have recently refiled the
documents.
In light of this history, Dershowitz is flatly incorrect when he asserts that "Judge Marra's
Order appropriately precludes the unredacted documents from being re-filed in this case on the
public docket." Confidentiality Motion at 3. To the contrary, the Order specifically permits
factual details about Dershowitz's sexual abuse of Ms. Giuffre to be presented in regard to
pertinent matters in the federal CVRA case. And certainly nothing in Judge Marra's Order could
render those documents confidential in this state defamation case, where the central issues swirl
around Edwards and Cassell's good faith basis for filing the allegations. Indeed, the order is not
binding in any way in this case, because it is res judicata only as to Ms. Giuffre (the moving
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party in that case), not as to her attorneys Edwards and Cassell. See Palm AFC Holdings, Inc. v.
Palm Beach County, 807 So.2d 703 (4th DCA 2002) ("In order for res judicata to apply four
identities must be present: (1) identity of the thing sued for; (2) identity of the cause of action;
(3) identity of persons and parties; and (4) identity of the quality or capacity of the persons for or
against whom the claim is made.").
III. EDWARDS AND CASSELL WILL BE PREJUDICED IF THEY ARE
BARRED FROM QUOTING FROM THE RECORD WHILE
DERSHOWITZ IS PERMITTED TO FREELY REFER TO THEM
WHENEVER HE FINDS IT CONVENIENT.
Dershowitz is also incorrect when he asserts that no prejudice will befall Edwards and
Cassell if the records are placed under seal. To the contrary, placing the documents under seal
would permit Dershowitz to continue to misrepresent and distort what is contained in those
records while preventing Edwards and Cassell from correcting those misrepresentations.
Dershowitz has repeatedly referred to details in the records when he has found it convenient to
do so — treating the records as not confidential in any away. One clear example comes from
Dershowitz's recent deposition, where he gratuitously injected into the record a reference to a
portion of Ms. Giuffre's affidavit about him watching Ms. Giuffre perform oral sex on
Epstein. And then, having injected that gratuitous reference into the record, he proceeded to try
to rebut the reference with confidential settlement discussions — but did so by mispresenting what
another attorney (David Boies) had said during the settlement discussions. So that the Court may
have the full flavor of the exchange, the narrow question to Dershowitz (by attorney Jack
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Scarola) and Dershowitz's extended answer are quoted in full — including Dershowitz's
reference to the oral sex allegation that he now argues this Court should treat as "confidential":
Q. [Y]ou [are] aware that years before December of 2014, when the
CVRA pleading was filed, that your name had come up repeatedly in
connection with Jeffrey Epstein's abuse of minors, correct? . . .
A. Let me answer that question. I am aware that never before 2014,
end of December, was it ever, ever alleged that I had acted in any
way inappropriately with regard to Virginia [Giuffre], that I ever
touched her, that I ever met her, that Ihad ever been with her. I was
completely aware of that. There had never been any
allegation. She claims under oath that she told you that secretly in
2011, but you have produced no notes of any such conversation.
You, of course, are a witness to this allegation and will be deposed
as a witness to this allegation. I believe it is an entirely false
allegation that she told you in 2011 that she had had any sexual
contact with me. I think she's lying through her teeth when she
says that. And I doubt that your notes will reveal any such
information.
But if she did tell you that, she would be absolutely, categorically
lying. So I am completely aware that never, until the lies were put
in a legal pleading at the end of December 2014, it was
never alleged that I had any sexual contact with Virginia Roberts.
I know that it was alleged that I was a witness to Jeffrey Epstein's
alleged abuse and that was false. I was never a witness to any of
Jeffrey Epstein's sexual abuse. And I wrote that to you, something
that you have falsely denied. And I stand on the record. The record
is clear that I have categorically denied I was ever a witness to
any abuse, that I ever saw Jeffrey Epstein abusing anybody.
And -- and the very idea that I would stand and talk to Jeffrey
Epstein while he was receiving oral sex from Virginia Roberts,
which she swore to under oath, is so outrageous, so preposterous,
that even David Boies said he couldn't believe it was true.
MS. McCAWLEY: I object. I object. I'm not going to allow you to reveal
any conversations that happened in the context of a settlement discussion.
THE WITNESS: Does she have standing?
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MS. McCAWLEY: I have a standing objection and, I'm objecting again. I'm
not going to
THE WITNESS: No, no, no. Does she have standing in this deposition?
MR. SCOTT: Let's take a break for a minute, okay?
THE WITNESS: I'm not sure she has standing.
MR. SCAROLA: Are we finished with the speech?
MR. SCOTT: No. If he --
MR. SCAROLA: I'd like him to finish the speech so that we can get to my
question
and then we can take a break.
A. So the question -- the answer to your question is --
MR. SIMPSON: Wait a minute. Wait a minute. Wait a minute. Please don't
disclose something that she has a right to raise that objection if she wants to.
MR. SCOTT: Exactly.
Deposition of Alan Dershowitz (Oct. 15, 2015) at 93-95 (attached as Exhibit 1); see
also Deposition of Alan Dershowitz (Oct. 16, 2016) (attached as Exhibit 2) (also containing
discussion of Ms. Giuffre's affidavit).
The Court should be aware that within approximately two hours of this exchange, Ms.
McCawley (David Boies' law partner) released a statement on his behalf, which stated that
Dershowitz was misrepresenting what happened: "Because the discussions that Mr. Boies had
with Mr. Dershowitz were expressly privileged settlement discussions, Mr. Boies will not, at
least at this time, describe what was actually said. However, Mr. Boies does state that Mr.
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Dershowitz description of what was said is not true." Statement of Ms. McCawley on Behalf of
David Boies (Oct. 15, 2015).
More broadly, the Court can readily see from this passage how Dershowitz is willing to
inject into the record a part of Ms. Giuffre's affidavit whenever it serves his purpose — and,
indeed, to characterize the part of the affidavit as "preposterous." But then he asks this Court to
place the underlying affidavit under seal, so that the Edwards and Cassell stand accused having
filed a "preposterous" affidavit without anyone being able to assess the validity of Dershowitz's
attack.
Dershowitz has referred to the court records that he now wishes to have the Court declare
confidential not only in his deposition, but also in his widely-broadcast media attacks on
Edwards and Cassell. For example, Dershowitz appeared on the British Broadcasting
Corporation (the BBC) and was asked about the allegations:
Well, first of all they were made in court papers that they don't even ask for a hearing
to try to prove them. They put them in court papers in order to immunize themselves
from any consequences from a defamation suit. The story is totally made
up, completely out of whole cloth.
I don't know this woman. I was not at the places at the times. It is part of a pattern of
made up stories against prominent people and world leaders. And the lawyers in
recent statement challenged me to deny the allegations under oath. I am doing that. I
am denying them under oath, thus subjecting me to a perjury prosecution were I not
telling the truth. I am now challenging them to have their client put these charges
under oath and for them to put them under oath. I am also challenging them to repeat
them outside of the context of court papers so that I can sue them for defamation. . . .
And I will prove beyond any doubt not only that the story is totally false, but it was
knowingly false: that the lawyers and the client conspired together to create a false
story. That is why I am moving for their disbarment in challenges to be provided to
the disciplinary committee.
BBC Radio 4 - Sarah Montague (Jan. 3, 2015) (http://www.bbc.co.uk/programmes/p02g7qbc).
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Similarly, Dershowitz appeared on NBC's Today Show the morning after Edwards and
Cassell made a filing for Ms. Giuffre, to say that the Edwards and Cassell — and Ms. Giuffre —
were all "lying" in the court documents:
Question from Savannah Guthrie: In legal papers from the lawyers, they say you've
had, in fact, the opportunity to be deposed.
Answer from Alan Dershowitz: They're lying. They're lying.
Question: They show letters in which they offered to depose you.
Answer: And they didn't show my letters in response saying, (a), if you ask me about
my legal relationship with Epstein and I'll be happy to answer. . . . And I responded
that I would be happy to be deposed if you could give me any indication that I would
be a relevant witness . . . . They will be proved — all of them [i.e., Cassell, Edwards,
and Ms. Giuffre] — to be categorically lying and making up this story. And it will be a
terrible thing for rape victims. . . . We [Epstein and Dershowitz] had an academic
relationship. I was never in the presence of a single, young, underaged
woman. When I was with him, it was with prominent scientists, prominent
academics. And they're just — again — lying about this. I never saw him doing
anything improper. I was not a participant. I was not a witness.
Today Show, Jan. 22, 2015 (emphases added).
As another example, in Miami Herald, Dershowitz called the Joinder Motion that he
seeks to have sealed the sleaziest legal document I have ever seen. They [Edwards and
Cassell] manipulated a young, suggestible woman who was interested in money. This is a
disbarrable offense, and they will be disbarred. They will rue the day they ever made this false
charge against me" — i.e., Edwards and Cassell will "rue the day" they ever filed the Joinder
Motion. Miami Herald (Jan. 3, 2015).
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Most remarkably, Dershowitz took the public airwaves to represent that he wanted all of
the information surrounding the allegations to "be made public," while implying that Edwards
and Cassell had something to hide. For example, on the BBC he claimed that he
wanted"everything to be made public":
Q: Would you encourage that it now be made public?
A: Of course, of course. I want everything to be made public. I want
every bit of evidence in this case to be made public. I want every
allegation to be made public. I want to know who else she's accused of
these horrible crimes. We know that she accused Bill Clinton of being on
Jeffrey Epstein's island and participating in sex orgy with underage
girls. The records of the Secret Service will prove that President Clinton
never set foot on that island. So that she lied. Now it's possible to have a
case of mistaken identification with somebody like me. It's impossible to
have a case of mistaken identification with Bill Clinton.
My only feeling is that if she has lied about me, which I know to an
absolute certainty she has, she should not be believed about anyone
else. She's lied clearly about me, she's lied clearly about Bill
Clinton. We know that. We know that she's lied about other public
figures, including a former prime minister and others who she claims to
have participated in sexual activities with. So I think it must be presumed
that all of her allegations against Prince Andrew are false as well.
I think he [Prince Andrew] should clear the air as well.
If you're squeaky clean and if you have never done anything like this, you
must fight back with all the resources available to you. And that's what I
will do. I will not rest or stop until the world understands no only that I
had nothing to do with any of this, but that she deliberately, with the
connivance of her lawyer, lawyers, made up this story willfully and
knowingly.
BBC Radio 4 - Sarah Montague (Jan. 3, 2015) (http://www.bbc.co.uk/programmes/p02g7qbc).
In another widely-broadcast interview on CNN, Dershowitz implied that there is no
evidence supporting the allegations against him:
Edwards, Bradley vs. Dershowitz
Case No.: CACE 15-000072
Edwards and Cassells Response to Dershowitz's Motion to Determine Confidentiality of Court Records
Page 17 of 20
Ask them [Edwards and Cassell] if they have any evidence . . . . They're doing it for
money. She's getting money for having sold her story. She wants to sell the book.
They're trying to get into this lawsuit. They see a pot of gold at the end of the
rainbow. They're [Edwards and Cassell] prepared to lie, cheat, and steal. These are
unethical lawyers. This is Professor Cassell who shouldn't be allowed near a
student. This is Professor Cassell, who is a former federal judge, thank God he no
longer wears a robe. He is essentially a crook. He is essentially somebody who's
distorted the legal profession. . . . Why would he charge a person with a
sterling reputation for 50 years on the basis of the word alone of a woman who is
serial liar, who has lied about former Prime Ministers, former Presidents, has lied
demonstrably.
CNN Live (with Hala Gorani) (January 5, 2015). Of course, by placing "the evidence" in this
case under seal, Dershowitz will be free to continue to try and insinuate that Edward and Cassell
— and their client, Ms. Giuffre — had no evidence supporting the allegations against him, even
though a mountain evidence strongly support Ms. Giuffre 's allegations. See Deposition of Paul
Cassell (Oct. 16, 2015) at 61-117 (Exhibit 3); see also Depo of Pual Cassell (Oct. 17, 2015)
(Exhibit 4).
CONCLUSION
The Court should deny Defendant/Counterclaim Plaintiff Alan Dershowitz's motion to
place documents regarding Ms. Giuffre's allegations against him under seal.
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve
to all Counsel on the attached list, this 25f-‘' day of November, 2015.
/s/ Jack Scarola
Jack Scarola
Florida Bar No.: 169440
Attorney E-Mail(s): jsxasearcylaw.com and
mep@searcylaw.com
Primary E-Mail: scarolateamasearcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Phone:(561) 686-6300
Fax:(561) 383-9451
Edwards, Bradley vs. Dershowitz
Case No.: CACE 15-000072
Edwards and Cassells Response to Dershowitz's Motion to Determine Confidentiality of Court Records
Page 18 of 20
SEAN D. REYES