Ms. Gaffney, who was a senior sex crimes prosecutor, argued during the hearing that Mr. Epstein did not merit the highest offender status because he had not been indicted in Florida on all of the accusations against him. Several of his accusers had refused to cooperate, she told the judge, court records show.
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“If an offender is not indicted for an offense, it is strong evidence that the offense did not occur,” Ms. Gaffney said.
The judge said she had done many sex-offender registration hearings with defendants “much less troubling than this one” and that prosecutors “would never make a downward argument like this.”