http://www. washingtonpost.com/news/volokh-conspiracy/wp/20 | 4/04/2 | /eleventh-circuit-rules- that-discovery-can-move-forward-on-my-crime-victims-rights-act-case/ The Volokh Conspiracy Eleventh Circuit rules that discovery can e * e 5 * move forward on my Crime Victims’ Rights Act case By Paul Cassell April 21 On Friday,the 11th Circuit ruled that discovery can move forward in an important Crime Victims’ Rights Act case that my co-counsel, Brad Edwards, and I are pursuing. The narrow issue before the court was whether prosecutors and defense attorneys could assert some sort of “privilege” to prevent crime victims from reviewing the correspondence that lead to a plea bargain. More broadly, the ruling means that the victims will have a chance to return to the district court and seek to invalidate a plea agreement that (we alleged) was consummated in violation of their rights. I hope that the case will ultimately set an important precedent that federal prosecutors can’t keep victims in the dark about the plea deals that they reach. Here are the important facts, taken from the I1th Circuit's opinion: The case arose in 2006, the FBI began investigating allegations that wealthy investor Jeffrey Epstein had sexually abused dozens and dozens of minor girls. The U.S. Attorney’s Office for the Southern District of Florida accepted Epstein’s case for prosecution, and the FBI issued victim notification letters to my two clients, minors Jane Doe No. | and Jane Doe No. 2, in June and August 2007. Extensive plea negotiations ensued between the prosecutors and Epstein. On Sept. 24, 2007, the prosecutors entered into a non-prosecution agreement with Epstein in which they agreed not to file any federal charges against Epstein in exchange for his guilty plea to minor Florida offenses (e.g., solicitation of prostitution). Not only did the prosecutors neglect to confer with the victims before they entered into the agreement with Epstein, they also concealed its existence for at least