Internal memo reflects on prosecutorial decision to offer Jeffrey Epstein a plea deal and jail time

James PATTERSON the outcome may have been different. But they were not known to us at the time. A prosecution decision must be based on admissible facts known at the time. In cases of this type, those are unusually difficult because victims are frightened and often decline to testify or if they do speak, they give con- tradictory statements. Our judgment in this case, based on the evidence known at the time, was that it was better to have a billionaire serve time in jail, register as a sex offender, and pay his victims restitution than risk a trial with a reduced likelihood of success. I supported that judgment then, and based on the state law as it then stood and the evidence known at the time, I would support that judgment again. Epstein’s treatment, while in state custody, likewise may encourage the view that the office should have been tougher. Although the terms of confinement in a state prison are a matter appropriately left to the State of Flor- ida, and not federal authorities, without doubt, the treat- ment that he received while in state custody undermined the purpose of a jail sentence. Some may also believe that the prosecution should have been tougher in retaliation for the defense’s tactics. The defense, arguably, often failed to negotiate in good faith. They would obtain concessions as part of a negotia- tion and agree to proceed, only to change their minds, and appeal the office’s position to Washington. The inves- tigations into the family lives of individual prosecutors were, in my opinion, uncalled for, as were the accusations of bias and/or misconduct against individual prosecutors. 210 At times, some prosecut trial, and at times I felt t right in the first meetin spective of defense tacti tional right to a defense right should not be puni: sel’s exercise of their ri Washington D.C. Proseci frustration and anger wi their judgment. After the plea, I reca One was from the FBI Spi to offer congratulations. meetings regarding this c of the defense, and he cal holding firm against the | itz, Lefkowitz and Starr. received calls or commun itz, Lefkowitz and Starr. ] als previously, from my Kirkland & Ellis in the m peace. I agreed to talk an Epstein pled guilty, as I tk tors battle defense attorne: have tried, yet I confess tk fully in this case. The bottom line is this: served time in jail and is n He has been required to pay Testitution clearly cannot c HOUSE_OVERSIGHT_022018