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From: Sent: To: Cc: Subject: Tracking: Tuesday. March 15. 2011 7:38 PM Ferrer. Wifredo A. (USAFLS):1' r 'd i t in "ri r ) (tinAri r • r- -I (1 Ir. r I el " • rl I -I (I IC A ri An • I/ ( " C A CI n ) ,. • —Edwar41-flaArt-24+1-ea.-CLes.ter-(42,AQ-14— FW: Government's Position on Several Pending Issues? Still Waiting for Answer Recipient Ferrer. Mired() A. (USAFLS) W=I LMEMISIMIIM Read: 3/15/2011 7:40 PM Read Read: 3/15/2011 7:45 PM Read: 3/15/2011 7:39 PM Read: 3/15/2011 7:41 PM Read: 3/16/2011 10:47 AM Here is Prof. Cassell's response to Willy's letter, for your records. Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 561-209-1047 Fax 561-802-1787 From: Paul Cassell fmailto:casselIcallaw.utah.edul Sent: Tuesday. March 15, 2011 7:21 PM To: Lee. Dexter (USAFLS) Cc: Brad Edwards Subject: RE: Government's Position on Several Pending Issues? Still Waiting for Answer Dealamis. Brad and I have received Mr. Ferrer's letter of today. We are deeply disappointed. We will file our court pleadings on Friday. Mr. Ferrer's letter still leaves unanswered a number of questions, which I am writing to raise with you — again. 1. You still have not provided, as you promised you would, the name of the person coordinating the OPR investigation. As a result we have not been able to obtain any information about the status of the investigation. Just to be clear, we intend to include in our filing information that OPR has begun an investigation and to include the information that we currently have about D. — we assume that making that information public will not compromise OPR's work. 2. We will be making initial disclosures to you under the Federal Rules of Civil Procedure shortly. We have not heard back from you on whether you will be making parallel disclosures. Accordingly, we understand your position to be that you are not obligated to provide to us any documents under Rule 26. 3. We understand your position to be that, despite the "best efforts" clause in the CVRA and your obligation to treat victims with fairness, you can withhold evidence from the victims that will help them EFTA00235111 prove CVRA violations. For example, we understand you to take the position that you can withhold the other half of the U.S. Attorney's correspondence, correspondence between the Department and Ken Starr and Lillian Sanchez on behalf of Epstein, and information about role in the Epstein case. In short, we understand you to be asserting a blanket position that you can withhold information that will help prove the victims' CVRA case. If this is incorrect, please advise us promptly. If we have misunderstood you and you are willing to provide us relevant information, we will promptly provide you with a list of such information. If we have understood you correctly, we will be filing a motion with the Court shortly to block the Justice Department from suppressing such highly relevant information. 4. You still have not given us your position on the victims' motion to file an unsealed, unredacted pleading reciting the U.S. Attorney's correspondence. What is your position on that motion: We have been asking for your position on this motion for some time now. If we have not heard back from you by c.o.b. Wednesday, March 16, 2011, we will include in our pleadings the following statement: "The Justice Department attorneys handling this case have been contacted several times for their position on this issue but have refused to respond to give their position." Thanks you in advance for your assistance. Sincerely, Paul Cassell, Co-Counsel for Jane Doe Paul G. Cassell Ronald N. Boyce Presidential Professor of Criminal Law Quinney College of Law at the University of Utah CONFIDENTIAL: This electronic message - along with any/all attachments - is confidential. This message is intended only for the use of the addressee. If you are not the intended recipient, the person responsible to deliver it to the intended recipient, you may not use, disseminate, distribute or copy this communication. If you have received this message in error, please immediately notify the sender by reply electronic mail and delete the original message. Thank you. 2 EFTA00235112