From: '• (USANYS)" To: '• (USANYS)" Cc: " SAN iillirIMIM>, ' (USANYS) [Contractor]" Subject: Re: The Judge in Epstein's Case Should Not Turn the Dismissal Into a Drama for the Victims Date: Tue, 27 Aug 2019 14:58:16 +0000 The judge addressed it in his first ten minutes of addressing the court. He also mentioned that one of the authors — though not disclosed in the article— is counsel in one of the civil cases. Sent from my iPhone On Aug 27, 2019, at 10:35 AM, (USANYS) > wrote: The Judge in Epstein's Case Should Not Turn the Dismissal Into a Drama for the Victims NY Law Journal By Bruce Green and Rebecca Roiphe 8/26/19 Last week, Judge Richard Berman ordered a hearing on the prosecutors' decision to dismiss the indictment against Jeffrey Epstein, who had been charged with multiple counts of sex trafficking and assault before he committed suicide in a Manhattan prison. The judge announced that he intends to allow victims to speak at the hearing, which is scheduled for August 27th. Berman stated: "The court believes that where, as here, a defendant has died before any judgment has been entered against him, the public may still have an informational interest in the process by which the prosecutor seeks dismissal of an indictment." This is an odd moment for transparency in a criminal case. Normally, if a prosecutor seeks to dismiss an indictment for such an obviously worthy reason, the court would simply grant the request The judge would not schedule a hearing and he definitely would not allow the victims to speak. And if he did hold a hearing, whatever informational interests the victims may have would be served by affording them a chance to attend the hearing, not by giving them a speaking role. The procedural rules governing federal criminal cases do not provide for posthumous trials. If the accused dies before trial, the federal court has no choice but to dismiss the indictment and end the case. Indeed, if an accused is tried and foun