Jeffrey Epstein's accusers ask judge to invalidate plea deal, point to 'co-conspirators'

The jailhouse death of millionaire Jeffrey Epstein leaves many questions open.

August 13, 2019, 2:31 PM

Accusers of the now-deceased Jeffrey Epstein are asking a federal court in Florida to tear up the multimillionaire sex offender's 2007 non-prosecution agreement that not only shielded Epstein from further prosecution, but protected his alleged co-conspirators, who federal authorities have vowed to bring to justice.

In the first court filing since Epstein's death apparently by suicide Saturday at the Metropolitan Correctional Center in New York City, two of the financier's accusers urged the U.S. District Court for the Southern District of Florida to swiftly invalidate the non-prosecution agreement that granted immunity to Epstein and his alleged recruiters and enablers.

"It would be unfair to the victims if Epstein not only managed to cheat justice through his death but also left behind some kind of legal issue preventing the victims from obtaining the ... remedy to which they are plainly entitled," the document stated.

The court papers were filed by attorneys Brad Edwards and Paul Cassell on behalf of two of Epstein's accusers, who were identified only as Jane Doe 1 and Jane Doe 2.

Jane Doe 1 identified herself as Courtney Wild in a previous interview with ABC News. Wild alleged that Epstein sexually assaulted her beginning at age 14 and testified at his bail hearing in New York last month.

PHOTO: An undated handout photo made available by New York State Division of Criminal Justice showing Jeffrey Epstein, issued 25 July 2019.
An undated handout photo made available by New York State Division of Criminal Justice showing Jeffrey Epstein, issued 25 July 2019.
New York State Division of Criminal Justice/EPA/Shutterstock

In 2007, Epstein and federal prosecutors -- including R. Alexander Acosta, who was the U.S. attorney in Miami at the time and was later a Trump administration labor secretary -- negotiated what has been called a "sweetheart deal" that allowed Epstein to avoid federal prosecution for alleged crimes against more than 30 children, in favor of his 2008 guilty pleas to two prostitution-related felonies in Florida state court.

Under the agreement, Epstein served 13 months of an 18-month sentence in county jail and was allowed to participate in a work-release program enabling him to spend up to 12 hours a day, six days a week in his Palm Beach office.

In 2008, two alleged Epstein victims, including Wild, sued the Department of Justice, claiming the government violated the Crime Victims' Rights Act by reaching a secret deal with Epstein without informing them.

In this week's filing, the accusers's attorneys highlighted their argument that the Department of Justice (DOJ) should be ordered to turn over all the information in their possession, including internal deliberations, about how and why the feds reached such an indulgent deal with a well-heeled and well-connected sex offender -- behind the backs of his alleged victims.

PHOTO: Federal agents, including FBI and CBP, at the dock and on the grounds of Little Saint James, Jeffrey Epstein's island home in the US Virgin Islands, Aug. 12, 2019.
Federal agents, including FBI and CBP, are at the dock of Little Saint James, Jeffrey Epstein's island home in the US Virgin Islands, Aug. 12, 2019.
Todd Hecht Film VI

"Because of Epstein's death, the need for many of the victims' other proposed remedies has only increased – particularly the remedies concerning information for victims and holding a public hearing," the court filing said. "Because Epstein is now dead, there will never be a criminal trial to hold him accountable, either in the Southern District of Florida, the Southern District of New York, or elsewhere."

"Accordingly, the victims (and the public) will never witness his public trial where the facts connected to sexual abuse will be fully aired," the court paper continued. "This means that the informational remedies that the victims have sought regarding the case assume enhanced importance and should be granted by the Court."

PHOTO: An exterior view of the Metropolitan Correctional Center jail where financier Jeffrey Epstein, who was found unconscious with injuries in the Manhattan borough of New York City, New York, July 25, 2019.
An exterior view of the Metropolitan Correctional Center jail where financier Jeffrey Epstein, who was found unconscious with injuries in the Manhattan borough of New York City, New York, July 25, 2019.
Brendan Mcdermid/Reuters

Meanwhile, Epstein's brother, Mark, launched his own investigation into his sibling's death by apparent suicide at the federal lockup in lower Manhattan, sources familiar with the matter told ABC News.

Mark Epstein hired famed forensic pathologist Michael Baden to observe his brother's autopsy done Sunday by the New York City Medical Examiner. The Federal Bureau of Prison officials said Epstein hanged himself, according to sources.

Despite Epstein's death, it does not appear investigations into his actions -- and connections -- are over.

ABC News on Monday afternoon observed federal agents, including FBI and Customs and Border Protection, at the dock and on the grounds of Little Saint James, Jeffrey Epstein's island home in the U.S. Virgin Islands, and sources said the federal task force investigators were searching for evidence linking others to Epstein's alleged sex trafficking.

Under heightened pressure from lawmakers over Epstein's death, U.S. Attorney General William Barr said Monday that Epstein's alleged co-conspirators "should not rest easy" just because Epstein won't have his day in court, adding that "the case will continue on against anyone who was complicit with Epstein."

Related Topics