DS9 Document EFTA00793834

1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, III AND FOR PALM BEACH COUNTY, FLORIDA I 2 3 4 PROCEEDINGS - - - THE CART: Thank you. Welcome back everybody. Have a seat. 3 Case No. 502009CA040800XXXX(B a KR. SCAROLA: May I now to this podium now? JEFFREY EPSTEIN, biaintirs/countor -Defendant, vs 4 THE CO1RT: Sure. 'at. SCAROLA: Thank you, sir. SCOTT ROTHSTEIN, individually; • Your 110nOr, have we decided what notions were BRADLEY EDWARDS, individually, , going to hoar? boranciants/countor -Plaintiffs. 10 THE COURT: Yes. My understanding as I left / 11 Was going to be Edwards' Second Supplement to TRANSCRIPT OF PROCEEDINGS 12 Motion in Lunine Addressing Scope of Admissible I) Evidence, and of course in that same vein Epstein's DATE TAKEN: Thursday, March 8th, 2018 14 Notice of Service of Unredacted Appendix in TIME: 1:30 p.m. - 4:50 p.m. PLACE 205 N. Dixie Highway, Room 10D IS Support -- or Response in Opposition to Edwards' Most Pain Beach, Florida BEFORE: Donald Hafolo, Presiding Judge 1, Second Supplenental Motion in Limit* addressing )7 Scope of Admissible Evidence. 18 KR. SCAROLA: Your Honor, there are actually 19 nuitipie submissions to the Court to deal with This cause cane on to bo hoard at the tine and 20 closely-related issues, and those issues arise out place aforesaid, when and whore the following proceedings wore reported by: 21 of the tact that over the course of the last three 22 weeks /24 new exhibits have been added to the Elaine V. Williams r) exhibit list of the defendant Epstein. Palm Beach Reporting Service, Inc. 1665 Palm Beach Lakes Boulevard, Suite 1001 t4 And jolt. co provide cone general background, West Palm Beach, FL 33401 (561) 471-2995 2, sae of Mich your Honor nay recall, there was an 2 4 1 APPEARANCES: I exhibit list filed by Mr. Epstein on November 16, 2 For Plaintiff/Countor-Defendants 2 2017. That SOT* exhibit list was attached to the 3 LINK a ROCKEIIBACH, P.A. ) pretrial stipulation on December 22, 2017. And 4 4 then for the first tine on March 5th of 2010 the By KARA BERARD ROCKENBACN, ESQUIRE 5 new exhibit list was filed. If you CtOpare the S By SCOTT J. LINK, ESQUIRE 6 For Defendant/Counter-Plaintiff: 4 exhibit lists of Novenber 16th and Densber 22nd, SEARCY, DENNEY, SCAROLA, BARNHART 4 7 which, as I said, are the same, with the March 5th 7 SHIPLEY, P.A. 8 exhibit list, 25 new exhibits -- excuse me -- 724 8 9 new exhibits were added. By JACK SCAROLA, ESQUIRE 10 Your Honor held a hearing in this matter on 9 By DAVID P. VITALE JR., ESQUIRE By KAREN TERRY, ESQUIRE II Deoksbor 5th and nide it clear to all parties that 10 12 exhibits that. here net disclosed by the end of II For Non-Parties L.M., E.M. 4 Jana Doe 22 1a Deoabor -- and I think it nay have been the 14 De her 22 dace -- I'm not sure about that exact 13 la date -- but exhibits that were not specifically By PAUL G. CASSELL, ESQUIRE 14 IC disclosed would net be permitted CO be used at. 25 For Jeffrey Epstein: 17 trial. You nada it clear that catchall listings 16 ATTERBURY GOLDBERGER a WEISS. P.A. e 1400 Iv would be unacceptable, that specific individual 17 lo exhibits needed to be listed. I'n sure your Honor By JACK A. GOLDBERGER, ESQUIRE :5 has a recollection of these circumstances. And 18 29 21 that, obviously, is a fairly standard order that S0 31 your Honor adheres to in connection with trial 21 22 21 practice. 23 24 THE MORT: what I 3ust Wanted to point out is 24 25 in conjunction with what we're going to be 25 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793834 I 5 eventually talking about, we're now dealing with , And those are 45 of the 724 newly-listed documents. 7 2 the Motion co Strike Epstein's, Untinoly 2 And those docunents were brought to our attention ) Supploxental Exhibits and co Strike All Exhibits o last wok just 4 and Any Reference to Docunenta Containing 4 So my suggestion to your Honor is that wo deal 5 Privileged Materials, Listed on Edwards' Privilege o first with the procedural issue because, as I said, 4 Log. 4 that will narrow issue. significantly. And then / MR. SCAROER: Yes, air. there will still renaln saw substantive issues 0 THE COURT: That led into what I described r with regard specifically to any attempted use of 0 earlier of the notions that will be on the table. , privileged notarial*. 10 MR. SCARCER: That's correct. And that's why 10 NOV, your Honor heard from both opposing II I acknowledged, your Honor, that we're really II counsel that I have accused then of having stolen 12 dealing with a 'unbar of closely-related notions. I2 the documents. I assure your Honor that that's net 13 So the first issue is a procedural issue; and I) the case. I have not accused then of having stolen 14 chat in, whether your Honor IS going CO allow the 14 the documents. Whet I have said in repeated 15 listing and use of 724 now exhibits. And my IS comunication is that these are stolen documents. 14 suggestion CO the Court. IS that that is a threshold 14 And these documents, if your Honor has had an 17 issue chat really helps to resolve nuch of what )7 opportunity to look at the timeline, were very 10 follows because if, as a natter of procedure, chose 18 clearly at this point handed over by the bankruptcy II 724 now exhibits are not going CO be used, then 19 court to Fowler White for one purpose and one 20 much of the rest of the argument becomes 20 purpose only; and that was to print them out, Bates 21 irrelevant. 'here are, however, very significant 21 steep then so that they could be turned over for 22 substantive issues if the procedural determination 22 privilege review by the Farmer Joffe law five, 2/ does not dispose of the use of chose exhibits. 23 including specifically Brad Fedarde. 24 THE COURT: Those exhibits specifically were :4 THE COURT: Let ne stop you there so we can 25 added when? .ti put this in context. 6 8 I MR. SCARCER: They wore added by a now list / Joe Ackerman, as I recollect, was representing 2 filed on March 5th of 2018. 2 Mr. Epstein for some period of tine, and he was et 3 THE COURT: Okay. Just to put this, into 3 that Juncture associated with the Fowler White firm 4 perspective, /larch 5th would have been Monday of 4 in sone capacity. 5 this week, today being March 8th, and the trial 5 I . SCARCER; Yes, sic. That's correct. 4 starting on March 13th, presuming It begins as 4 THE COURT; So if I'm understanding this 7 scheduled. 7 correctly then, the bankruptcy court turned the 8 MR. SCARCER: Yes, sir. But I want co make it 8 documents over to Fowler White. 9 clear chat while the 724 wore never listed on a 9 I . SCARCER; Did your Honor want me to get 10 prior exhibit list before March 5, some of those 10 into that now? I'm happy to do that. 11 documents were disclosed co us over the past three II THE COURT: So that I understand. I know 12 weeks. So I a not suggesting CO your Honor that 12 during a very CUTUICUOUSI period of CIAO these would I) the first notice we got of an Intent CO attempt. to to be the Rothstein fines, erployee. 14 use chose documents was March S. The first notice 14 KR. SMOLA: Yes, air. Let ne go through IS wo got of an intent CO attempt CO use sone of these 15 this and give you a quick overview, although all 14 docunents started sone three weeks ago as new 14 the details are provided in the Lim/lino that I 17 disclosures were sent to us. I7 provided to your Honor. 18 And again, this is fret, moony, but I think 14 What happened was that iineSt ineallately 19 there may have been three separate groups of 10 following the implosion of the Rothstein, 20 it docunonts, chat wore sent co us not covering all of the 724. And obviously, your Honor knows from the 2s , 31 Rosenfeld[, Adler urn a trustee was appointed by the bankruptcy court to take control of the firm, 22 materials that you have reviewed much attention was =2 and that trustee took control of all of the firm's 33 focused on docunents chat we contend and have :I files and all of the firm's electronic data, 24 contended for eight years are privileged documents. 20 including all of its e-mail servers. So it is the 25 Docunonts, listed on a vary specific privilege log. ,5 trustee that hod possession of all of these Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793835 I 9 e-malls. I 11 And Judge Ray, federal bankruptcy Judge Ray, 2 Mr. Epstein through counsel, and at thin point 2 say➢, •Fowler Mite will not retain any copies of 3 it was the Fowler White firm, issued a subpoena in a cho docunonm contained on cho disk provided co Sc • our civil litigation, then pending in front of • nor ➢hall any lnage➢ or copies of ➢aid docunentn to S Judge Crow, for the trustee to produce all of the s retained in the »nary of Faller Mite's copiers. 4 a-evils. Judge Ray, to whom that subpoena wan 4 Should Sc be determined that Fowler White or 7 referred, Judge Ray appointed Judge Carney as a 7 Epstein retained Immoa or copie➢ of the subject • special master to make a de LLLLL nation as to what • Mo.nowas on it➢ computer or othardise, the Court a could appropriately be turned over because * retains jurisdiction co award ➢anction➢ in favor of Is obviously these were e-mails that related to a wide 10 Miner, Brad Eadardo or hl➢ client .• II variety of cases. It wan the entire contents of It So it was obvious that whet wes to happen at Ix the e-mail server of Rothstein, Rosenfeldt, Adler, 12 that point was they were to take over the 17 and it was recognized that those e- could 13 ninisteriol task es officers of the court of 14 contain attorney/client and work product privileged 14 bearing the expense to turn these docunents over to is materials. So Judge Carney was appointed a special IS Earner Jaffe and Bred Edwards for purposes of it master to make a determination as to what should 16 preparing a privilege log. 17 and could be turned over and report back to Judge )7 THE COURT: For lack of e better netephor, IS Ray. IS though, wasn't that a fox in e henhouse type of Is Judge Carney gets 27,000 e-mail! and Judge 19 situation? 20 Carney says, •1 don't have an appreciation as co 20 KR. SCAROLA: Well, sir, were these not ll what may be privileged hero. We need to =fa up 21 officers of the court, the answer to that question 22 with a procedure so that I can be advised of what 22 le yes. These were adversaries who were being 23 privilege aaaaa Clow) are being raised.• So Judge 23 given control over chase dlOeUnilIns. but they ware 24 Carney says, •1 want what wan then the newly-forced 24 adver➢aries who had a sworn duty to follow the 29 law firm that Mr. Edwards is working in, I want 25 Court's direction. And MO had ovary rea➢on to 10 12 1 Jaffe, Miming, Edwards, Flacon and Lehrman• -- I believe that this respected is.. firm and these 2 THE COURT: Farmer Jaffe, right? 2 respected lawyers would do exactly what they were 3 MR. SCAROLA: Yes. Pinner Jaffe. 3 told to do. 4 THE COURT: Be can just refer co then as 4 Now, we know that the disk that contained that a Farmer Jaffe. S information, as Ms been conceded by Epstein'a • MR. SCA/IOLA: All right. •1 want Farmer Jaffe 6 counsel, was formatted on December 10 -- excuse 7 to go through those e-mails and prepare a privilege 7 ne -- December Sth of 2010. B log. Let ne know what's privileged here, and then 0 THE ODURT: Met do you nem by the desk was • I'll make a determination as to what's going to get 9 fornatted? 10 turned over.• 10 KR. SCMOLA: Met I man was the documents on II The response from Mr. Edward through me is II chat disk ware divided into three different 12 thin is 27,000 e-mails, they want than, they should 12 categorie➢. 13 be responsible for printing than and Bates stamping 12 THE COURT: And chat wa➢ December 102 14 them and delivering those printed and Bates stamped 14 M. SCAMLA: Decenbar Bch of 2010. IS documents to us for our review. And Judge Ray Is THE COURT: Thank you. 14 enters an order. 14 HR. SCAROIA: So within approximately one week 17 And Judge Ray says in his order -- and it's 17 after being ordered not to retain any copies IS quoted in relevant part at the bottom of the first I• chore's a disk that is formatted by Fowler Mite, IS page of this timeline -- Judge Ray says the law 19 which is the disk that i➢ now In the posse➢s1on of 20 fiefs of Fowler mute will print a hard copy of all 20 Jeffrey Epstein and Jaffrey Epstein'➢ counsel. And 21 the document➢ contained on the disks with Bates 21 it contain➢ without a doubt those documents that he 22 numbers added and will provide a set of copied, 22 identify on a privilege log that i➢ generated as a 23 stamped documents to the special master and an 23 consequence of that prod➢➢. It contains those 24 identical set to Farmer, who will use the name to 24 privileged and attorney work product emmila. And 25 create its privilege log. 25 that assertion of privilege hes never been Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793836 I 13 overruled. 3 15 KR. SCAROLA: That is correct. The Conrad 2 THE COURT: Did the Special Magistrate Carney a Scherer tiro was involved in chat litigation, and 3 or Judge Ray over hold a hearing to deternine Che a the Conrad Scherer firm wag alto interested in 4 nature of the privilege? Was that over called up 0 getting to take a look at whatever relevant e -nails 5 for a hearing? s night have been in the hods of the bankruptcy 4 MR. SCAROI.A: What happened, your Honor, is c trainee. and then got turned over to us. 7 chat Judge Crow, when he learned of the Well, there were direct negotiation& in Mich 0 circumstances of what Was going on in bankruptcy • I was a personal participant with the lawyers for a court, connunicaced co Judge Carney, • This subpoena 1 Conrad Scherer, and an agreement was reached with 10 was issued in my case. While I respect you and the 10 the 'aware for Conrad Scherer because, as we have It work you aro doing, it is my Job to decide what is II told every judge before when we have appeared with 12 relevant and material in ny case and it is my Job 12 regard to these ratters, we're not atterpting to 13 to determine 122,6,02 of privilege in ny case.* That I) hide anything. You want to conduct an in-conero 14 short circuited the work that was going on in Ch. 14 inspection, he wont you to conduct an in-camera If bankruptcy court, and Judge Carney never issued any IS inspection because it will contirn that we're not I4 rulings in chat regard. I, attaining to hide anything. 17 So IC then became a natter over which Judge )7 We will turn over anything that you consider 10 Crow Man exercising Jurisdiction CO deternine hoc IS appropriate for us to turn over. But we have no II the subpoena issued in the Circuit Court State 19 ability to waive our client's attorney-client 20 Court Case, how chat subpoena was going CO be 10 privilege, your Honor, and sone of these e-rails 21 responded CO. So our privilege log gees CO Judge 21 clearly contain infornation that originated with 22 Crow. 22 clients. Md we are in the midst at this point of 23 And there's sone back and forth about whether 13 still-pending litigation, and it la laportant for 24 the privilege log la or is not adequate, and there :4 ua to protect our work product privilege as well. 25 is a direction with regard co certain requests for :2 :AN of that litigation is still ongoing right now. 14 16 I docunents on the privilege log. Specifically, I That's theCrimeVictim° Rights Mt case. 2 there is a Request Hunter II, which asks for 2 So there is a very legitimate reason for us to 3 coanonlcations, between Farmer Jaffe and the federal 3 be concerned about protecting both the work product 4 government and communications between Earner Jaffe 4 privilege and the attorney/client privilege, s and any tethers of the press. And those are 5 particularly protecting it from Mr. Epstein, and 4 ordered turned over. And chose are turned over in , particularly protecting it from Mr. Epstein new 7 full compliance with the Court's order. But the 7 that we know there was a clear violation of the S issues of privilege that wore raised with regard to S federal judge's order with regard to the ratter in 9 both attorney-client and work product privilege 9 which these materials were to be handled. 10 never gets ruled on by Judge Crow because before 10 Interestingly -- and I don't know whether II they are ruled on, a voluntary dismissal is taken II there's any relationship or not -- but shortly 12 of the claims against Brad Edwards. 12 after this disk is improperly retained by Fowler I) So we have a privilege log in place. It la White, that Fowler White winds up withdrawing from 14 specifically lists these documents. some of these 14 the cage. So they're gone. And apparently the 15 docunents wore listed as attorneys' eyes only. And le disk sits there for years until a request 12 made 14 chat restriction has never been lifted. And sore It to turn over all of Fowler white files. I/ of these documents aro listed on the separate I' And what we have been told is Fowler White IS privilege log, and those restrictions have never 1r initially, for whatever reason, resists that 19 been lifted. lo request, but Mr. Link and assoc 44444 go down CO 20 Now, in sone of the communications that have :0 Miami, they review files, they get their hands on 21 gone on back and forth you may have soon reference :1 this disk. There is a significant delay between 22 to a disclosure co the Razorback defendants. 33 their appearance in the case and when they finally 33 Excuse ea. The Razorback plaintiffs. :a go to look at the Fowler White files. Then there's 24 THE COURT: That was the litigation lad by :4 a two-week delay between looking at the Fowler 25 Mr. Scherer. ,5 White files and receiving the disk. Md then Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793837 17 19 I there's a tam-weak delay between receiving the disk 1 over to no ono. Indeed, when they got turned over 2 and starting to -- 2 to Conrad Scherer, they were originally turned over ) THE COURT: Excuse me Just a minute. 3 with a confidentiality watermark on every document. 4 Bailiff, see what may be transpiring outside, 4 And then they contacted us back again and 5 Pardon me. Off the record. 5 sold, •We're trying to OCR all of those documents 4 IDIscuasion hold off the record.) 4 so that they aro searchable, and we can't do that 7 THE COURT: Co ahead. I apologise. 2 with the watermark on then. Can you please provide 4 MR. SCAROLA: Your Honor, in the overall 0 us with another copy without a watermark?• And we * ethane of things, I don't think that those delays * did that, again, trusting these officers of the 10 make vary much difference at all. But these are 10 court co abide by their agreenent. And we have II the lawyers who, a➢ your Honor has noted, announced 11 every reason to believe that Conrad Scherer did. 12 to the Court that they were going to be ready for 12 They were not the source. II trial 90 days later, and here it is just weeks 13 The obvious source, based now upon whet we 14 before this case is about to begin that they are le have been able to piece together, i0 very clearly Is first reviewing 36 boxes, or over 30 bozos of IS Fowler White's irproper retention of this na aaaaaa 14 files. Hight have bean 32. I think 36 is the 16 after they had been expressly ordered by the 17 ntabor. But boxes of files that never oven got 27 federal court not to retain any of it. is reviewed by then. 10 How, every representation I have made to the IS So those are matters of significant concern to 19 Court, everything that is included on this timeline 20 us. But the natter of g concern is that 20 can be established through docueent0 that pinpoint 2l once it becomes apparent that these are documents 21 the dates and the identity of the individuals 22 that are listed on our privilege log, a privilege 22 involved and the character of every disclosure that 2) that has never been challenged, a privilege that 12 was rude and every disclosure that was withheld. 24 remains in place, and we notify opposing counsel 24 It has taken a substantial effort to put all of 25 here is our privilege log, here are the numbers, as this together again. Ito have been working on this 18 20 1 the whore of those documents on that 1 Pony, many, irony hoer.. But the aub,ect of 2 privilege log, you have an obligation, an ethical 2 appropriate genetic*, is a sublect for another day 3 obligation, to turn them over to us, to turn them 3 except to this extent: we need to know who has 4 over now, and to make no use of those documents 4 access, who ha0 had access to the. confidential a unless and until you have a court order that says S material. We need to know if there's sane intent 4 otherwise. You need to tell us whore did you gat 4 to call a witness who may have been given access to 7 them, when did you get them, how did you gat them, 7 this confidential materiel. We need to know all of S to whom have you distributed them? And those are 8 the lewyer0 involved. , questions that we still don't have answered. 9 And Hr. Cassell is going to address free the 10 what we get frog the other side is, 'Well, 10 perspective of the client. the concern that they 11 they could have cone tram hero, they could have 11 have atout being informed as to Tow their 12 cane from Chore, maybe they cane from someplace 12 confidences have been breached. So with your I) else, we don't know.• And if they don't know where 1, Sonor's permission, I would like him co have an 14 they came from and that source la clearly a proper 14 opportunity to addreaa the Court briefly on that IS source, they have the burden In overcoming this Is topic. IS privilege assertion to prove a waiver if they 14 THE COURT: What I'd like to do, though, is II contend any waiver existed. 17 allow defense counsel to be able to speak to the IS It wasn't with regard to Conrad Scherer 10 threshold Binger analysis dealing with the late 19 because when those documents were turned over to 19 disclosure, because if Hr. Scarola la right and 20 Conrad Scherer -- and we have the letters that 20 chat is that those exhibits were listed for the 21 confirm the written agreement with every detail of 21 first time in Mitch, which would have been three 22 that agreement in place -- those wore turned over 22 days ago, and discussed perhaps within the last few 23 as part of a cannon interest privilege with an 23 weeks, then we would have essentially a Binger 24 express representation it was attorneys' eyes only, 24 issue to analyze. So Hiss Rockentoch, go ahead and 25 with an express representation they would be turned 25 proceed in that respect, please. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793838 I 2 ) 21 MS. ROCKEUBACH: Thank you, your Honor. I am certain that this courtroom is a place where we are searching for truth and not hiding evidence, 1 2 s 23 THE COURT: Outside of the Court's review? Are you objecting to ny review? KR. CASSELL: Ho. we're not waiving any 4 whether it la evidence that causes conclusion by 4 privileges, but we don't want there to be any 5 this Court chat there is no case to be triad. And s public reference to the contents. 4 for oho first tine after four days of -- and we use 4 THE CCORT: All right. Thank you for that 7 chat word -- 7 clarification. So let ne go ahead and try and put 0 MR. SCAROLA: Excuse me. I'm sorry. If this r ny hands on -- 1 la ono of the privileged e-malls, and I assume It 0 KS. ROCKEIMACH: Your Honor, I can give you 10 probably is, your Honor has entered an order 10 the copy that Terry noted was 04408. I don't need II sealing these documents, and the prose la present. 11 it. 12 It is being displayed pronlnently in violation of IS THE COURT: Okay, that's fine. 13 ethical obligations co relinquish possession of I) HS. ROCKENBACH: The purpose of me putting 14 chase Sedum:one. )4 this particular piece of evidence, which I've been II THE COURT: All right. In lieu of publication IS asked on multiple occasions by Hr. Sterols to is in open court, why don't you just hand no the I, destroy by the barrage of e-mails over the past I' docunent, making sure that counsel also has the )7 four days, I'n handing it to the Court as evidence 10 copy or is referenced with the correct Bates stamp. IS of no Binger surprise. It can't be Binger surprise II MS. ROCKEWEACH: This is the Bates stamp 19 by Hr. Edwards if he is authoring an e-mall with 20 o-mail 04408; an a-mall from Bradley Edwards to 20 regard to this very action that's pending before 21 Paul Cassell, October 17, 2009. 21 this Court about five to six weeks before 22 THE COURT: Okay. la this an extra copy? 22 Hr. Epstein sued bin. So that can't be a surprise 2) MR. SCAROLA: Co we have an extra copy, 23 co Mr. Edwards. It actually nakes this case 24 please? There are literally thousands of O-nails :4 incredibly stronger for the issue of probable 25 we're dealing with. 2, 22 24 i MR. LINE: It's In the appendix chat we've I But note importantly, your Honor, it's about 2 provided you. 2 the truth. It's about the truth and the fact that 3 THE COURT: I'm familiar with lc fron reading 3 over the pest four days my professional integrity, 4 the naterials myself and I could probably put ny 4 dry character has been impugned to the extent that s hands on lc. S very simply we told -- actually, I didn't respond 4 MR. LINE: It's in the appendix, your Honor. 4 to any single e-mail. For the record, Mr. Link 7 Appendix 1. 7 responded to e-mails. I didn't want to respond to 8 MR. VITALE: Bates number? 8 what I sew was escalating e-mails that started off 8 MS. TERRY: 04408. 9 with a demand that we destroy evidence, which I 10 MS. ROCKEHBACII: That's it. Thank you. 10 know as an officer of the court I cannot do, and a 11 THE COURT: And I have it, too. I can get my II denand to disclose who, how, where. And we 12 hands on Sc pretty easily, I think. 12 lossediatoly did. Fowler White. I) MR. CASSELL: Your Honor, if I could just be 13 Then I had my paralegal issue an affidavit 14 hoard just briefly. 14 that established chain of custody. I obtained the 15 THE COURT: Co ahead and introduce yourself to 14 Fed Ex receipts for the three boxes that. contained 14 our now Court reporter. 00 this incredible disk. And that's on file with the II MR. CASSELL: Paul Cassell on behalf of three 10 court. 18 victims, EN, EN and Jana DOD. 1m But the e-nails did escalate, and we were 18 We'd like the record co be clear that we're 10 asked -- no, demanded -- &mended on multiple tines 20 joining in the objection co any public disclosure 20 co destroy evidence. I was called unethical sore 21 or reference to chose dOCUT0ntS. :3 than four tire., sanctions were mentioned, the 22 THE COURT: Well, reference and public 23 words improper, unethical, six tines, hid, 23 disclosure are two different things, Mr. Cassell. .ts disturbing, misdeeds. And then last, but not 34 MR. CASSELL: I'm sorry. Any disclosure of :4 least, Hr. Sterols did in fact -- and this is not 21 Elva contents or the substance of these docimants. 15 privileged -- did in fact send an e-mail Indicating Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793839 l 25 that he didn't want a spacial master, declined our I 27 These e-nalls, your Senor, go to the very 2 request for one because it deaf not take a special 2 heart of this malicious prosecution case and 3 ma➢ter to determine that stolen privileged 3 whether It can proceed. 4 document! -- this is for the first weak, or the 4 But returning co Mr. Chinarls, he had three 5 first time the week before trial -- are a opinions after reviewing the relevant documents, 4 inadmissible. I di➢agree. 4 speaking to both la. Link and myself, based on the 7 No court has looked at these o-mail➢. And 7 escalating accusations over the course of four a your Honor ju➢t anted that question, which was • days. And his thre➢ opinions are reflected in 4 really important, did Judge Crow look at these o paragraphs 29, 30 and 31. la in-camera and determine the privilege issue? 10 Ur. Link and Miss Macke:bath have acted in an II So I am very pleased and I agree with II ethically proper manor. That was one. Mater 12 Mr. Scarola for the first time I heard just now a 12 two, the documents in question were not 13 request or an agreement, not even a request, an 13 inadvertently provided nor wrongfully obtained by 14 agreement that these should to looked at in-camera. 14 Mc. Link and Hiss Rockenbech -- IS They absolutely should to looked at ln-camera 15 KR. SCAROIA: Excuse me. Tour Honor. if this 14 because they eviscerate Hr. Epstoin's malicious 16 is going to turn into en evidentiary hearing with 17 prosecution case from proceeding. 17 regard to the ethical propriety of opposing is THE COURT: Mr. Edwards. IS counsel's conduct, I object to this affidavit es to MS. ROCKEHBACH: Mr. Edwards. 19 heersey and I want to be able to cross -exanine Orly 20 B➢t ao di➢t➢rbed was I by the barrage of 20 ethics expert who is of the opinion that retaining 21 e-malls, I reached out to the former ethics 21 privileged docunents known to be privileged listed 22 director of the Florida bar, a trusted colleague. 22 on a privilege log when there is no knowledge as to 23 Tim Chinaris. I have the affidavit. I don't know 23 the source of those documents and a court order 24 if your Honor has. 24 exists saying you're not allowed co have then, I 25 THE COURT: I don't remember seeing lt. 25 want to cross-exanine that expert. 26 28 I MS. ROCKEHBACH: It was very significant 1 THE O0URT: Hell, the objection is sustained 2 petit's,. I was being asked to destroy evidence, I 2 in the sense that I really de went to, as I 3 was being called unethical for the first time in 23 3 Indicated earlier, continue to es beat as we ran 4 y aaaaa and then I saw the word stolen, and honestly 4 conduct the proceedings in a way that befits the s my heart was broken. So Hr. Chinarle has an S known integrity of not only the attorneys here 4 affidavit that I've filed with the Court. be know➢ 6 before us but also the history that has been 7 the infatuation -- 7 pervasive in the 15th Judicial Circuit. So I don't 8 TIM COURT: Is that in this? 8 want this to dis0olve into an ethical discussion as 9 MR. LINK: Your Honor, it's in the package We 9 to whether or not someone committed a➢ne type of 10 delivered right before lunch. 10 ethical violation. That's really not ny focus II THE COURT: Okay. I'll be glad to take a look II today. And that focus is better suited for others 12 at ic. 12 perhaps at a different tine and even perhaps in a 13 MS. ROCKEHBACH: He was the ethics director 13 different forum. 14 for the Florida Bar for almost a decade, authoring 14 Really what has to be atterpted to be divined IS thousand➢ of opinions on legal ethics for lawyer➢ is today is son* type of representation by counsel for IS facing issue➢ with regard to the rule➢ of 10 Hr. Epstein as to knit the source of these l regulating the Florida Bar. 17 demount. here. 18 Ono of the rules that I was thinking about in se HS. SIOCKEMIACH: Yes, your Honor. 19 terms of this hearing was 4-3.3 because both sides, 17 THE COURT: Why were they preserved, how were 30 including Mr. Edwards, who happens to be party but 20 they preserved, for what reason were they 31 should to hold to a higher standard than just a 21 preserved, did that preservation violate or cone 22 simpl➢ party, has a duty to disclose Cinder toward 22 close co violating an order of the bankruptcy 23 the tribunal. That Florida 4-3.3 rule is very 33 court, has the privilege been waived? And then we 24 significant in this case because no one can advance 24 get back again to the Binger analysis. 35 falls statements or positions to this Court. 25 1 did a quick word search, and the Fifth Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793840 1 2 ) 29 District provides us with soon recent direction and assistance and calks about the, issue of surprise. And it says, quote, •The opposing party also 1 2 s 31 office. So it 12 clear we did not improperly obtain thee, nor were they inadvertently disclosed co us. 4 earlier attempted to exclude the surprise testimony • THE COURT: Tina Campbell is your paralegal? 5 by an unsuccessful notion in limlne. Furthermore, a MS. RCCICENBACH: 4010 obtained the three boxes, 4 prejudice in the context of Binger refers co the 4 the three boxes from Fowler White, which contained 7 surprise in fact of the objecting party and is not chat CD htlel. Is at issue. 0 dependent upon the adverse nature of the, r THE COURT: I chink the disconnect we're 1 testimony.• So chat's where we are also going co be , having hero today is not so meth the fact [bac 10 focusing today. 10 Hiss Campbell received the boxes or sonebody got It But I don't want to get into a discussion as 11 notice that the boxes were there -- I2 to present counsel's ethical responsibilities I2 MS. ROCHEMEWCH: It was an issue. 13 unless we have co as It relates CO the origin of I) THE COURT: -- and that sonebody did what they 14 how, If counsel is aware, these documents inclusive 14 did. Md there may have been an issue with regard IS of the e-nails, and particularly as is relates co IS to Fowler White voluntarily turning them over. 14 the 124 allegedly new exhibits being added formally /, Those are things that can be dealt with later on. 17 for the first tine on March 5th, just three days IS Md again, it ray be a different forum than l'n is ago, and certainly outside of the Court's pretrial IS even dealing with here today. is order in corms of timeliness, whether they 19 But what I'd like to know is how Fowler White 20 constitute prejudice. So let's try co focus there, 20 got the documentation, do we to know that, whether 21 If we could. II or not that documentation was obtained or retained 22 And I understand, just so the record Is clear, 22 in a manner that either was in violation of Judge 2) doing this for a long time both as a trial lawyer 2) Ray's order or walked a certain tightrope [bac 24 and is a judge. I understand how feelings can be 24 could be construed as a constructive violation of 25 hurt, I understand how people can take unbrago at 01 chat order. And if we know that, then it would go 30 32 i certain things chat are said. I a long way in me trying to nuke a determination as 2 The beauty of being an experienced trial 2 it relates to Binger and its progeny. 3 judge, if nothing else, is developing a thick skin. ) MS. RCCKEKBACH: Thank you. 4 SC4113CITOS I'll hoar people say somothing and use my 4 THE COURT: So that's really where we need to a name and they don't even know I•m standing there. 5 focus. 4 MR. LINK: That wasn't me, was it, Judge? , I have no problen and I don't think 7 THE COURT: No. And I understand that there 7 Mr. Scorpio has any problem in terms of the fact a are going co be Instances where people aro going to S that you all did your homework; albeit, from his 9 think that I'm the best In the, world and the 9 position, late in the game, and secured this 10 absolute worst in the universe. I've cone to chat 10 infornation from Fowler White. The critical 11 rationale pretty quickly. It cook some LIMA, but II question, though, is why did Fowler White have 12 it was fairly quickly. But I do understand. I 12 these documents, why were they continued to be I) don't want anyone to chink chat I'm not Is held, and was it in violation either expressly or 14 compassionate to the, extent that I recognize that 14 constructively as is relates co Judge Ray's order? 15 there have been accusations hurled here which nay la NS. ROCICEIMACH: Thank you, your Honor. 14 be minimally considered offensive and accusatory. Ic Mr. Link has studied this issue and will address I/ But let's move beyond that for now and let's get to I' that. 18 soon of the issues that I discussed earlier that we I. KR. LINK: So, Judge, let no see if I can 19 can focus on relating to decisions chat I'll have Is clarify a couple of things. 20 CO sake concerning the potential admissibility of 20 First, these exhibits chat we're talking about at this evidence. 21 from the disk, they absolutely were just listed on 22 MS. ROCHENBACH: Thank you, your Honor. I 22 our exhibit list. They were just located by us in 23 appreciate chat. 2s the last week. Romivor, on our exhibit list it's 24 And we have established the chain of custody 24 alweys been a general category, as Mr. Scorpio 25 through the affidavit of Tina Campbell from our ,5 said. The reason there are 149 specific exhibits Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793841 l 33 is the clerk required it. So -- i 35 been doing that, sir. 2 THE COURT: The clerk required it? 3 THE COURT: Okay. 3 MR. LINK: Specific. You have got to do -- 3 NR. LINK: So we are not in violation of the 4 THE COURT: The clerk, you're saying? Or the 4 Courc'a order. Mr. Scarola and I again agreed co S Court? 2 de this. 4 MR. LINK: The Court. a So let's talk about Fowler White because it is 7 THE COURT: Ch, okay. I thought you wore 7 as clear as mud. It is not as clear as Hr. Scarola 4 saying -- 6 says. Neve is why. If you look at his -- a MR. LINK: It's called the clerk's exhibit * THE COURT: That metaphor. I'm not ouzo I IC lint for the Court, but the Court did it. Io understand clear as mid. II THE COURT: So in conjunction with an order II NR. LINK: It's not clear. That's the point. 12 that I had made earlier in the proceeding that I 12 It's not clear, frankly. So it is not as sinple 13 was not going to allow general catchall typo➢ of 13 and clear as Kr. Scarola mays. And I want to show ia exhibit identification, I required that each and 14 you why. ', it every exhibit be specifically listed. And we've gone through myriad exhibits in our quo➢t to IS 14 I honestly cannot tell you, I can't, where the disk cane inn that end up in Fowler Mite's file. i7 determine whether or not, for example, the Fifth 17 I can't. We have looked for every piece of is Avondmont privilege Is going to be recognised and 10 connonication, correspondence, we've gone through is other lasuea having to do with adodaalbillty. And 19 their boxes three times trying to answer that 20 that was generally followed, to my recollection, 20 question. We have reached out to lawyers for 21 because I dealt with many specifically identifiable 11 Fowler White. They have no =gory of it. So we, 21 exhibits. So yes, I agree that that wa➢ something 12 like Mr. Scarola -- 23 that the Court had a specific interest in and has 13 THE COURT: Excuse rm. Is Mr. Ackerman still 24 always taken the position that all cards are going 24 actively practicing? 25 to be on the table in a timely fashion ➢o that, 25 NR. LINK: He ls, yea. And we reached out to 34 36 I lumber ono, first and foremost once all the cards I Soo Ackerman. Hr. Ackerman. Sorry. We reached 2 are on the table, the law favors settlement, and it 2 out CO Mr. Ackerman. 3 may coma to fruition, and has more often than not 3 Here is why it's confusing. And I think this 4 resulted in an amicable resolution to a case. And 4 is really irgortant co understand what happened. 3 as importantly, both aides are adequately prepared 5 when the trustee took over the tiles, there 6 so that, as I mentioned in this Pollard case, no 4 wan an understanding by Hr. Edwards and his firm 7 ono is unduly surprised by something that cones 7 that [hove would to about 5,000 o-nails, and shay II before them at or near the beginning of trial. II agreed to do a -- go through then and do a 9 MR. LINK: Yoa, air. So that la why wo did 9 privilege log. What's missing from Mr. Scarala's 10 that. 10 timeline la that in November 2010 Edward➢ informed 11 The second thing I want to point out to the II the bankruptcy court that the trustee had produced 12 Court is that Kr. Edwards did the same thing and 12 74,000, 74,000 page➢ of docianonta on two compact 1) filed exhibits after the order, just like wo did. 13 disks. Not ono. On two. 14 And I'm not complaining -- 14 So then what happened, because of the volume, IS THE COURT: Well, if you're not complaining IS Mr. Edwards and his firm gods in and says, "Judge, 14 about it -- 14 wo nood mere time. No did not know we wore going II MR. LINK: The reason I want to explain is II to get 74,000 pieces of paper and we need tine to IS because in our pretrial stip I'm of the mindset IS go through then.• 19 when we roach agreement, we have an agreement. And 19 THE COURT: I nay have lost you. The 74,000 20 in our agreement, your court order says no 20 page➢ wore self-generated from the Rothstein firm? 21 additional exhibits unless the parties agree. In 21 MR. LINK: Yoa. And delivered by the trustee 22 the pretrial ➢tip Mr. Scarola and I agreed wo 22 to Kr. Edwards. 23 reserved our right to add additional exhibits. So 23 THE COURT: And Mr. Edwards, you're 24 in compliance with the pretrial atip and this 24 suggesting, indicated that they need more time to 25 Courts' order requiring us to identify them, we've 23 review the o-malls or whatever documents -- Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793842 1 2 3 i 37 MR. LINK: Correct. THE COURT: -- Choy nay have encompassed, and to raise objection➢, and that forum was the bankruptcy court. i 2 3 4 39 says to him, •You, special nastor, review all these 615CUMWIt2.. Just Ilke he said here, he said it ten tines, •'Ale have nothing to hide. You decide Mat should be turned over .• The trail goes cold. I 5 MR. LINK: All this ➢tarted in the bankruptcy a can't find a letter or Comonleation from the 4 court. 4 spacial Master that says, •I looked. Here they 7 So when Hr. Scarola ➢ays there was ono disk 7 aro.• But I know this: The disk that was sent to 4 produced by the trustee with 27,000 e-mails on it, 0 Fowler Whitt. to copy had no Bates stern. 5 that's not true. There aro two disk➢ and there's o When you look at the judge's order from Judge le 74,000 e- . That's what Kr. Edwards io Ray that Nr. Scarola pointed out, it says Fowler II represented to the Court. I haven't soon these II Nhite will print a hard copy of all the docunents 12 disks, but nut's what Mr. Edwards represented. 12 contained on the disk with Bates warners added. 13 SO what happons after that is Chore is a 13 That's how they were going to do it. 14 complicated negotiation between the Fowler White la THE WORT: And that disk, I presume, that II firn and Mr. Farrar, on behalf of the Farmer Jaffe 15 you're alluding to did have Bates numbers on then. 14 fife, about how aro Choy going to take these 16 I'n talking about the Individual Oak-manta. 17 documents, which are not Bata➢ stamped, not Bata➢ 17 KR. LINK: Tee, air. They're all Bates 14 Staped, and they wanted a hard copy to review so 10 stormed. So they were not the disks It they could make a privilege log, but they didn't 19 provided -- again, I can't day they're not. I'm 20 want to pay for it. The trustee didn't want to pay 20 not testifying. This is Scott Link's forensic 21 for it. 21 review. 22 Mr. Epstein volunteered with the special 22 THE COURT: But again, Mr. Link, 23 -- actually, Fowler White -- but 23 respectfully -- and I appreciate you're trying co 2d Mr. Spetele.0 counsel volunteered that they would 24 put together and plate together sarething that 25 use choir machine. to print out, print out from the 25 transpired Seven years ago -- the problem /mill 38 40 i disk that had no Bates stamps on then, docanenta, 1 remains the same. Frankly, it doesn't really 2 and Hr. Farrar agreed to that. 2 natter to this Court what format it was, wto. 3 So they print the documents out -- long before 3 formatted it or to whoa it was supposed tote 4 our time, Judge -- they print the doctmenta out, a a intended. I'n sure there may be cases even after 5 sot is given back to the trustee, and a set is S this Morley rase that we'll be talking about 4 given to Farmer Jaffe. The machine that print➢ it, 6 tOVOITON at length et the bee conference, but that 7 according tO the magistrate and all the 7 case stands for the proposition globally of the 8 communication➢, doesn't retain any imago. So we 8 'sanctity in that particular case of the 9 start with two disk➢. To make it more complicated, 9 attorney/client privilege to something so 10 there was three. One had a problem. But let'➢ go 10 rudimentary as whether or not en attorney referred IL with two disks and 74,000 page➢. 11 a client to a given doctor for treatment. And the 12 They print them out. Hard copy documents. 12 Senna,. Court has clearly stated that Information 13 Ono to the trustee, one to Farmer Jaffa. The 13 la privileged and will not be divulged. Id magistrate want➢ a copy, and so you will see the 14 91A. LINK: Yes, sir. I waa just trying to 15 magistrate got➢ two disks: One with 25,000 image➢ 15 answer your question about the disk. 14 on it and ono with -- I can't toll you how many 16 THE COURT: Okay. Sochop:ant that l'n 11 images bacillar' the special Meter ➢aye, •2 didn't 17 trying to Mike is then l'n saying it really doesn't IS look at it.• 10 matter, all of those Other details, what mutters to 19 I think -- this is Scott Link guessing -- I 19 the Court le, again, Judge Ray's order relative to 20 want to be clear about this -- I think the disk 25 the sanctity of thaws documents, for lack of a 21 that ends up at Fowler Mite was the Spacial 21 better term, the protection of thole OOeUfelltil at 22 'a disk. And hero is why I think that: A, 22 all costs, and that Fowler mite shall not with the 23 it was in a file that said Special Nestor. B -- 25 throat of sanctions retain any of those documents. 24 Mee Of which makes sense to no until we put this 24 It Says here, 'Should it be determined that 25 together. B, Hoare'➢ a hearing where Mr. Scarola 2$ Fowler White or Epstein• -- so not only does it go Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793843 I 41 co Fowler White, but lc goes to Epstein -- and I 43 identify by Bates nadaer if there are any 2 constructively, If not explicitly, by this order 2 attorney/client comnunications and we would ) extends to Mr. Epstein's legal representatives, a segregate then. The response I got, every page is 4 from this Court's interpretation. 4 an attorney/client eormunloation. So that's one. S MR. LINE: Yea, sir. a THE COURT: But that's not what this order 4 THE COURT: 'Should is to determined chat 4 says, Mr. Link. The order doesn't say anything 7 Fowler White or Epstein retained images or copies 7 about privileged documents. 0 of the subject documents on its computer or 4 KR. LIIIK: Judge, I understand that. I otherwise, the Court retains jurisdiction co award o THE COURT: The order says that Fowler White to sanctions in favor of Farmer, Brad Edwards or his to will not retain any copies of the documents II client,' end quote. 13 contained on the disk provided to it nor shall any 12 MR. LINE: And I agree with that. the 12 lodges or copies of said documents be retained In 3.3 bankruptcy court reserved chat. %Tat I'm I) the mammy of Fowler White's copies. And we 14 suggesting co the Court is I don't chink it 'a as 14 already went through the sanctions. is clear as Hr. Scarola said. And he nay go co Judge 15 KR. LIHK: But we don't know -- here is the le Ray and Judge Ray will have a hearing. Based on 1, disconnect: Me don't know as we sit here that the I' what we've looked at, I don't believe it's as clear J, disk that we located there wasn't handed to then by is that that's what they did because it's possible, le Special Master Carney after Mr. Scarola gave him II based upon what I've read -- 19 the fob end said look at it and give then whatever 20 THE COURT: That Fowler White did? <0 you think is okay because the maJority of the 21 MR. LINK: Yea. <1 documents we've looked at have to deal with 22 THE COURT: So are you suggesting to no <2 scheduling and sporting events and going out 2) chat -- so chat I'm understanding correctly -- <1 drinking and all kinds of things. It is not a 24 MR. LINE: Yea, sir. I'm not here :4 group of documents that are on the privilege log. 25 representing Fowler White. 2a Here is the second thing we learned -- 42 44 t THE COURT: I understand. But you're here I THE COURT: And is that going to serve as the 2 representing Kr. Epstein, who by virtue of this 2 conduit to attempt to adsit these documents into 3 order chat is being highlighted in part on the ) evidence in the face of the order that I have Just 4 ELMO, chat Fowler White did what it was supposed to 4 read? 5 do pursuant to that order, returned everything chat S KR. LINK: Your Manor, I see the order. What 4 lc was supposed co return, but through sone 4 I'm trying to get across -- I'm doing a lousy Job. 7 happenstance had the disk containing the very 7 THE COURT; No, you're not. a Information that was, the source of Judge Ray's 8 KR. LINK: -- is that I can't tell you. 9 order and scamhow, therefore, should be exonerated 9 THE COURT: Try to get to the point that I'n 10 by virtue of the fact that because we really don't 10 really -- 11 know how Fowler White may have gotten it, but 11 KR. LINK: I don't think that we can conclude 12 assuning Fowler White did what lc should have done, 12 today that this disk is a result of their violating I) miraculously this disk turns up in Fowler White's la this order. This disk could have been as a result 14 files and hence we should essentially ignore the 14 of the special master looking at it and saying, '1 IS dictates of the order? It don't see cormunications between attorney/client, I 14 MR. LINK: No, sir. And I chink I've confused IS believe there's been a waiver of the work product I' the Court. Let me flake sure you understand what's IT based on giving it to Razorback, issue injection, 18 on this disk. 14 all of these issues have been raised.. 19 The 21,550 pages on this disk, we've only 10 THE COURT: So now you're suggesting that 2,3 looked at 5,000 of them, okay? Of those 5,000, I 20 farrier Judge Carney, to ny knowledge a very well - 21 will represent co you -- and you can look at :3 respected jurist who presided in the Circuit Court 22 then -- I don't believe any -- and I know none chat =2 in !reward County, to ny knowledge, and has done 2.3 wo attached -- were communications between an 2, senior work here in the 15th Judicial Circuit 24 attorney and a client. :4 somehow engaged in some type of ex parte 25 I asked Kr. Cassell and 1 asked Mr. Scarola to 25 contunications with Fowler White? Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793844 45 47 1 MR. LINK: Judge, I can't because I've looked. 1 hearings on other mattes of cho 10- to 15 hundred 2 I have searched. I'n not saying that at all. All 2 files that I'n carrying in this division, of knish ) I can piece together la that Hr. Scarola asked 2 this is but eoe, with the trial to convene* on the 4 Special Neater Carney to do that. 4 earning of Tuesday, the 13th of March. 5 This disk, when we got -- we put a sticker on s NR. LINK: Yes, sir. 4 It. No wont and looked at boxes and put stickers 6 THE COURT: That's a big endeavor. That is an 7 on things. The disk said Epstein Bates stamp. Mad 7 endeavor that is beyond this Court's ability • no idea what was on Lt. Looked like something we • physically and from a time perspective. So I'n net * should gut a sticker on. It came in, the disk, and a going co do that. la we started looking at it. 10 NR. LINK: Your Honor, I knew that you don't II When these Issues cane up, we asked Fowler II have the tine. I have offered theme special 12 White to please give us the original bases. we got 12 master. They don't went to. II the original boxes and found the disk in a folder 13 THE COURT: It's Just too late. II that says J. Carney printing on it. That's it. 16 NR. LINK: But Judge, the truth is never too II That's all that's on this folder. 15 late. 14 There's no watermarks, there's no 16 THE DOUBT: Please don't interrupt ne. 17 confidentiality agreement, there's no stamps on the /7 NR. LINK: I apologize for that. is documents. They are Bates stamped and there's a 18 THE ODURT: Protocol dictates the orderly It disk in there. So what I'm suggesting is if we're 19 administration of Justice and, correspondingly, the 20 trying to figure out whether Fowler White violated 20 orderly preparation for trial. That preparation -- 2l the order, I don't think re's as clear as 21 and you'll be surprised when it coats to larger 22 Mr. Scarola says. 22 cases like this -- not only applies to counsel and 2) Now, I wasn't there. I can't toll you what 23 choir Loan of attorneys that the respective side 24 they did, Judge. But I do know this: Many of the 24 have, but it also applies to the singular 25 documents that are on this di➢k and that are on as individual who is responsible for this orderly 46 48 I their privilege log have been used In this 1 presentation. 2 litigation. They have boon used. They have 2 I often refer to a case that I printed 3 produced some. They're exhibits that Mr. Edwards 3 directly from the Fourth Diatrict Court of Appeal, 4 has asked about and answered that are on this 4 RJ Reynolds Tobacco Company versus Calloway, and it s privilege log. There's over a hundred of then. 5 talks about the trial judge's ultimate 4 So this disk is not a di➢k of their privileged 6 responsibility. There it was to ensure appropriate 7 documents. It's a disk of 27,500 documents. And 7 attorney behavior, but it talks also about court 8 what's the most important part of this is Judge 8 exercising its control of the litigation of the 9 Crow never held an in-camera. Nobody judicially 9 trial, of inportant pretrial hearings like we're 10 has looked at these. And that's whore we need to 10 having here today, and talk. about this is II be. 11 especially true in lengthy high-stakes cases and 12 I don't think any or this matters. What 12 goes on co speak about what a court should and 1) matters is we have the records, they're relevant, 12 should not tolerate when it comes to interruptions 14 this Court should determine they're relevant, see 14 and other mattes chat don't necessarily Odic the 15 if there's a privilege and ace if that privilege Is presentation of otherwise excellent counsel. If has been waived. That should be the process. 16 But what I was trying to communicate while we 17 THE COURT: On Thursday afternoon, which la 17 were speaking over each ocher is chat this is the 18 going to be taken up by additional argument, where le very reason shy courts have spoken to the issue of 19 Friday I'n a @omitted member to the Bench Bar, as Is cloudy and reasonableness and preparation. 26 la encouraged not only by the 15th Judicial Circuit 20 1 can't speak co the matter In which this case 21 and Fourth District Court of Appeal but also by our 21 has bawl prepared by counsel for Kr. Epstein over 22 local Bar Association, or which many of you are 22 the last 3,000 and some odd day➢. I can, however, 22 prominent embers hese, so you know that caralument 22 speak to what is before we now. Why semen before 24 must be taken seriously, and I do take it 24 you and Miss Rockentoch got involved in this 25 seriously, and then Friday I'm booked up with 25 case -- [emus* I sew Mr. Ackerman's name in this Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793845 I 2 ) 49 matter In the four years that I've boon presiding over this case -- 1 sax his involvement, I saw what he attempted to do. His timing was critical -- 1 2 ) 51 that Walt not in the hands of Mr_ lipatein's lawyers since 2009, whenever this all cane to fruition, then 1 would say we'd have to take a different 4 whether his work was or wasn't is not for or, to 4 approach. But the very nature of the documents 5 say, but certainly his tine in which he spent in s that we're talking about -- again, rightly or 4 representing Kr. Epstein would have boon critical 4 wrongly held -- were in fact held by Fowler White, 7 to any successor counsel's involvement in this 7 Epstein's counsel, at an incredible crucial tine In o case. . this process., and that being in and around 2010, i Thankfully, for the purposes of oast of the , when the Rothstein firm inploded, when these to decision-making chat I do here In the civil circuit 10 e-mails were apparently confiscated, when somebody II courtroom I had experience, and I gained a 11 rude the decision that instead of Former paying for 12 significant amount of experience in a relatively 12 the copy costs, they be handed over to Fowler 13 quick amount of tine. It was baptism by aro, I I) White. And if I have a bit of an incredulous tone 14 chink acme would call it. But I had opportunities 14 to that Otatentlitt it's probably purposeful. 15 CO get into the courtroom long before others did I5 But the fact remains, Mr. Link, that these 14 who had the sane experience level. Whether that I, naterials were in the hands of Epstein's attorneys I' was good or bad, the results speak for themselves. )7 from the inception of the issue itself. And to now to But I did have that opportunity. And to learn a I8 cone to the Court with not five pages of documents II great deal, not so /mach Cron those who 1 work with, 19 to look et, but 27,000, or whatever that number 20 but oven more those who 1 work against, so to 20 is -- it escapes ne because of its sheer mass -- is 21 speak; my opposing counsel. The wealth of 21 impossible and is not going to be countenanced 22 knowledge that I gained from how they did Choir 22 here. 2) work was astounding and something that 1 cherish 23 And I understand what you're going to tell me 24 even co this day. But what it caught no more than 24 bade.. I've gotten a flavor for saw of these 25 anything was that preparation is critical, whether 25. dOCSSItt,1 that have been provided. 50 52 i the case is a $10,000 whiplash case or whether it's I KR. LINK: Yes, sir. 2 a 510 million class action suit. 2 THE CCORT: And that is that they are 3 And Ch. Very essence Or what's being brought 3 detrimental to the position taken by Mc. Edwards 4 co my attention today, whore requests are made for 4 and that they ore helpful to the position token by 5 in -camera inspections at a time chat's essentially s Mr. Epstein. 4 cue co three business days prior co the , The issue, though, is one of whether the 7 commencement of trial, a special master to review 7 protocol and the orderly adninistratica of Justice a thousands of doeLments several days before cho 8 is going to be forsaken notwithstanding also the 9 commencement of trial for the first time, despite 4 aspect of privilege and the sanctity of privileged 10 recalcitrance from Fowler White, their -- somebody 10 contunications, whether all of those considerations 11 reviewing their files apparently for the first time II are going to be thrown out when balanced against 12 more weeks before the Case IS going CO Court, those 12 naterial that has been in the hands of I) typos of things have co be held -- I was going co I) Mr. Epstein's lowers from day one. And I, for 14 say in high regard, but what was meant by what I'm 14 One, .Y(1 net going to sacrifice protocol over what IS saying fa preparation in getting to Chase Is nay or nay not be, number one, privileged, and If 14 chore was nothing that 1 know of despite IS net privileged, Certainly late disclosed Il again what appears to be brief recalcitrance on the 17 decamntation of a missive nature. 18 part of Fowler White co turn over the materials Ir Should the amount of dOCtrrentALIOn be a 19 themselves, this could have been done six tenths Is determinative factor in a aourt's analysis In this 20 ago, a year ago, two years ago, throe years ago, :o context, based upon 35 years of compound it four years ago, five years ago, six years ago, and :3 experience, bench and bar, and a little bit more 22 lc should have been done then. To bring these 22 now than half on the heath, I do not believe that 23 types of matters before the Court at this 2) the orderly adninistration of justice should be 24 particular time is, in my view, inappropriate. 24 countenanced and should be disruptive. Should be 25 Now, if this was newly-discovered evidence ,5 disruptive. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793846 I 2 ) 53 And what I mane by that, should the destruction of the orderly adninlstracion of justice be countenanced? And the answer co that I 2 s 55 that's one of the things I want to emphasize for this record. But that's not the case. As I mentioned -- and this is the last tine 4 question, in ny respectful view, is no. Because if 4 I'll say it -- these docunents have been In the 5 I do lc once, then I'm setting a precedent, even s possession of Mr. Epstein iron the inception of 4 though I know trial courts traditionally don't do 4 this cam as we know it. They didn't novo. And 7 chat, according co case law. And forgive me for my ' the problemv that are inherent in this analysis, of 0 choice of words, but as sampan* who is a senior 4 which this Court singly does net have the tine to 1 member now of the bench -- not a senior Budge, but , address prior to trial, are all of those reasons 10 a senior nandor of the bench -- chat sends a 10 that I have gust described to you, The disruption le message to my colleagues that I'm not doing what I 11 of the orderly administration of Justice, the 12 130110V0 Is the appropriate thing. 12 sacrosanct nature of the privilege, and of even 13 MR. LINK: May I respond, your Honor? I) more urportance is what I said I wouldn't repeat; 14 THE COURT: sure. Is and that is, that of all tines noteriol to the If MR. LINK: First I want to apologize. I did IS analysis, free. the inception Epstein lawyers had 14 not noon co interrupt the Court when you wore In this noterial. And, obviously, the timeliness, or 17 speaking. )7 the object untimeliness of the request for the to is THE COURT: Hot at an. Co ahead. MR. LINK: Second, we're not talking about IS )4 Court now to take these natters Into consideration, where they ere well beyond when exhibits that were 20 27,000 pages, we're talking about 49 exhibits. <0 known or should have been known were not listed. 21 Thor* are only 49 exhibits chat we are asking the <1 I . LINK: Tour Honor, may I hove one rare 22 Court co look at. So that le is not 27,000 pages. <2 shot, please? I know you have been very patient 2) Third, I think most importantly I absolutely <) with ne. 24 agree your Honor has a difficult, difficult 24 THE COURT: If it's going to be any different 25 weighing decision to make between staying on course 2, than what you've told se. If it's going to be the 54 56 I and what I chink is more important than any of t mime, we've already established, and it's a natter 2 this, which la getting to the truth. And I believe 2 of record, and x hove made my ruling accordingly. 3 In my heart, your Honor, the reason I'm so 3 I . LINK: Yes, sir. I understand that. I'll 4 passionate about this and the reason I apologize 4 be very quick. s for interrupting you is if this courtroom is 5 You asked about whether there woe any hiding 4 looking for the truth, then those 49 documents have n of these documents. And one thing I want the Court 7 got CO come into court. They have got to go in 7 to see is this: These are -- Mr. Sterols didn't a front of the Jury. 8 want ne to put that up on the screen, so I'll hand 9 Tilt COURT: But they're not coning in her*, 4 it to you. 10 and I would hope elsewhere, if it's going co be at 10 If you look at the privilege log which they 11 the sacrifice not only as co the orderly II filed, which Judge Crow found inadequate -- and I 12 administration of )ustice, but also in derogation 13 don't believe there wag another privilege log I) of a federal bankruptcy court's order or any court Is filed, so I don't think there's a privilege log -- la of recognized )urisdiction's order that would have 14 but that's another day, another lame -- but if you 15 the necessary supervisionary control of a given ia look at the privilege log and the e-nails that it 14 case, but also at the potential extermination or 14 relates to, tell ne if a lawyer looking at that I/ derogation of a privilege. And for all of those IT would be able to tell the real content of the 18 reasons is why I an extremely reluctant to stare 14 o-Nils that Mr. Maned.% was writing. Because I 15 taking these things into consideration )use a few 10 think you have an obligation to disclose in a way 20 days prior co trial. 20 that allows a lawyer to make a determination of 2/ Again, if this was something that cane into 21 whether It's privileged or not. 22 play that was being hidden by the other side, and 22 THE COURT: Hr. Link, you're making my point 23 I'm talking now generically, and your side os for na. Mr. Ackerman, Fowler %bite, had them 24 discovered that information at the 11th hour, this 24 notarial. ever since cloy one. I don't know how 21 would be an entirely different discussion. And 25 mach more I can rake this clear. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793847 57 59 1 As I said, the analysts would be completely i filo. How that could be the case, who knows? But 2 different if it w➢ shown to me that somehow, some 2 Ile not finding fault with anything you or 3 way the Searcy, Denney firm, Kr. Edwards, Farmer a Hiss ROckonbach or Miss Campbell did. That'➢ not 4 Jaffe -- I was going to say Ron Rothstein, but I 4 the issue. You've done your job. S don't want to get bin confused with the well- 5 KR. LINK: I understand. Your Manor, may I 4 respected coach and former coach of the Heat -- 6 have ono ninute to confer with appellate counsel to 7 Scott Rothstein wa➢ sitting on this ➢tuff. That's 7 make sure there'➢ nothing I need to do co preserve • not what happened hare. That's the point that I'm • this, * trying to drive home and emphasise. Is not only 9 IRE COURT: Absolutely. Let's just take a le the issue of timeline➢➢, not only the issue of the 10 brief reces➢. II privilege has not been tested, but first and II (Thereupon, a short recess was taken.I Is foremost is the fact that Fowler mita, Epstein's 12 - - - 13 own lawyers, have been sitting on this from day one 13 THE MORT: All right. Thank you again. 14 for seven, /right years. 14 Please have a seat. Welcome back. Is MR. LINK: But we don't know -- the point I'm 15 I . SCAROLA: Tour Honor, I want to hopefully 14 trying to make, I don't know that they looked at 16 tie up a few loose ends on the matter that has lust If it. 11 been ruled on. Is THE COURT: That's not my problem. 18 Am I correct in understanding that the It MR. LINZ: Maybe Carney gave it to them and 19 defendant is prohibited from making any use of the 20 said, •Don't look.• 20 124 late-disclosed exhibits? 21 THE COURT: That's not my problem. If 11 THE DOUBT: Teo. 22 Mr. Epstein has a Case against his attorneys, he 22 KR. SCAROIA: Next, air, we would request the 23 can deal with those claims to his ➢atisfaction. 23 defendant to required to relinquish possession of 24 I'm not here to determine whether or not someone 24 all copies of the privileged documents to the Court 25 did or did not commit malpractice. 25 Leda seal. They have expressed Ions concern 58 60 I MR. LINK: I understand that, Judge. 1 stating that we have asked them to destroy then. 2 THE COURT: I'm here only to deal with this 2 We want then turned over to the Court under seal. 3 Lamle that in before so; and that is, whether a 3 They should no longer have possession of those 6 wholesale late disclosure of ➢ignificant exhibits 4 until such tine as ameba* rules that they are 5 that have been in the possession of Fowler Mite, S entitled to have possession. 4 Epateln'➢ attorney➢, from day ono and, thus, as a 4 And I want to make one brief cement about 7 matter of continuum In Epatein'a possession, his 7 that. if I could can. S possession to constructive to the possession of the 8 Tour Honor knows very well that Fowler White 9 attorney➢ that represented him, that string of 9 is a very large law fins that keeps meticulous time 10 attorney➢ that have been representing him since 10 records with regard to the services that they IL 2010, and that if nobody got around to looking at 11 render. And the concept chat lc is impossible co 12 Fowler White'➢ documents -- and how that could to 12 reconstruct through those aim records 'at was 13 understood is beyond me, as not only a ➢easoned 13 received, when it was received, when It was Id attorney but also now a ➢easoned judge -- until you ld reviewed, what happened with lt, who was Informed IS and Hiss Rockenbach took it upon yourselves and 15 of what was happening with it quite frankly Is 14 your paralegal to do it is not my problem. And 16 absolutely inconceivable co re; that a law firm of l that's all I'll say on the subject. 17 chat size, keeping retards the way it did, cannot IS I have mode my ruling. It in a several- le reconstruct 'hat want on with regard co this 19 pronged ruling. And for the reasons that I've Is information. 20 stated, that'➢ the reason why I am not going to 20 THE COURT: And that's a goad point. %Tat I 21 engage In some typo of a last-minute evaluation of 21 was going to point out earlier and I failed to do 22 documents that could have been evaluated from 2010 22 that, and I appreciate the reminder, is that I 23 all the way to Harsh of 2018. 23 would have expected certainly in deference to the 24 But nobody ever took it upon themselves to 24 fact that Mr. Epstein was a client of Fowler *lite 23 even look at those documents in Fowler White'➢ 25 that someone from Fowler (Mite would have had the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793848 I 61 ability to weigh in somehow a➢ to these critical 1 63 NS. ROCKEIMACH: No objection, your Honor. 2 issues. 2 THE COURT: So stipulated. 3 Perhaps l'n being a bit naive when I say that o KR. SCAROLA: Your Honor will recall that 4 having serve Kr. Epstein in their capacity as 4 opposing counsel has also interned the Court on S counsel, it's my respectful belief that they owe s nuitiple occasions that backup In the preparation 4 an obligation to Mr. Epstein, if not this Court, to 4 for this case was being provided by the Cumiter law 7 explain how and why they had access and kept these 7 firm, and he would like a Certification from then 4 records in their possession in light of that court 0 as well that no copies have been retained. * order and in light of this ongoing litigation. And o NR. LINK: They don't have any, Judge. 10 as a of respect to Mr. Epstein and his ie THE COURT: Okay. That's fine. If Mr. Link II ongoing legal team, to have made Some type of II and Miss Rockenbach ere representing that to the 12 affirmative steps to have dealt with this issue 12 Court, l'n satisfied with that representation. II head on because of the apparent implications of 13 KR. SCAROLA: And I accept that representation 14 same. 14 as well, your Honor, but whet we would like and is So I again want to make clear that I'm finding 15 believe we ere entitled to is a list of all persona 14 absolutely no fault with Mr. Link, Hiss Rockenbach, 14 to whom the privileged docunents have been 17 Miss Campbell or anyone else from the Link and 17 di0sminated. And l'n particularly concerned in is Rockenbach firm in t➢rms of what they did, albeit 10 this regard; that the testimony of any witness is in the manner in which they had to do it and the 19 night be influenced by their Depraver exposure to 20 timing, unfortunately, of the natter from their 20 privileged docunents. So we ask that a complete 21 perspective in having to do it, but that takes 21 list of all persons to whom those docunents have 22 nothing away from what the Court has already 22 been disseminated or the contents of the docuronts 23 remarked upon concerning the fact that now Fowler 23 that been disseminated be provided to us. 24 White in the representation of Mr. Epstein had 24 And 1 know that Mr. has some concerns 25 these records from the Inception is one of the 21 In that regard as hull chat he would like to 62 64 i reasons for the Court's ruling. 1 address with the Court. So If he may have en 2 MR. SCAROLA: Your Honor, may we include in 2 opportunity to speak to the Court In this regard -- 7 the order a direction that opposing counsel is 3 THE COURT: That's fine. 4 require to relinquish FO aaaaa Ion of all copies of 4 Mr. Link, if you want to comment on that? s the privileged documents to the Court under seal? 5 KR. LINK: Yeah. I think I can solve that 6 THE COURT: Moll, the only thing that 4 problem very easily, your Honor. 7 obviously has to be taken into consideration is the 7 The docunents were within my law firm, and ny 4 appellate rights of Mr. Epstein and how they're 0 client. That's it. They haven't been shown to any 9 going to preserve those rights in light of the fact 9 third parties. There's not a third-party witness 10 that the Court has rejected the last minute request )0 for me to put on the stand. And you have ruled we II for in-camera inspection for the reason➢ that I've 11 can't use then. He won't use then. 12 already stated at length on the record. 12 1a. SCAROLA: Does that inClUle Mr. Epstein? 13 MR. SCAROLA: which la why I've suggested that Is THE COURT: 000s what include Mr. Epstein? Id they be relinquished to the Court under seal, your 14 NR. SCAROIA: Has Hr. Epstein been provided 15 Honor. They can be given an exhibit flusher. To 15 with coplua of the documents or the contents of 14 the extent that the appellate court Linde it 14 these privileged documents? 17 reasonable and necessary to examine those 17 501. LINK: I just said :my client. Ny law firm IS dOCUlients, the appellate court will have the is and my client. And I Can say legal counsel, 19 opportunity to do that. 19 Hr. COldterger. So that's it. 20 THE COURT: So you're suggesting to file with 20 501. SCAMLA: That may require saw further 21 the Clerk of Court under seal the documents at 21 relief that we can address at another tine. 22 issue? 22 And so that the record is clear, your Honer, 23 MR. SCAROLA: Yes, sir, that'➢ correct. 25 we believe that eanCtlenable Conduct has occurred, 24 THE COURT: That's better stated. 24 and we ere reserving the right at a later tine -- 25 Do you have any objection? 25 but it's not something that needs to be addressed Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793849 65 67 I now -- but we're reserving the right to address the 3 was in possession of that were in violation of a 1 issue of appropriate sanctions at a later time. 2 court order. Mr. Searola has used the tern •stolen 3 THE COURT: Thank you. 2 documents• and I think chat, frankly, describes 4 Mr. Cassell? a accurately the nature of the docunents, although S MR. CASSELL: Thank you, your Honor. Paul 5 who the thief was, of course, retrains to be 4 Cassell, and I'n here this afternoon, and I 4 deb:trained. 7 understand it's getting late in the day, I'll be 7 So the question in front of you sight now is • very brief, representing three victims; LH, EM and • what to do about this. Well, we knee one thing. • Jane Doe. /Vat ono housekeeping natter. s lie know there's been absolutely no waiver of 10 No have riled a notion to intervene, which is 10 attorney/client privilege. Hod do we know that? II unopposed. 11 Well, your Honor knows the Florida low very well. 12 THE COURT: The only thing I need is an order. 12 To be a waiver of attorney/client privilege is II Everything else wan provided but the proposed 13 something that is disfavored. There has to be a 14 order. So if it's unopposed, then phrase It as to clear, intentional waiver of the privilege. And II such and I'll be glad to execute it. 15 how do we know there's not been a clear, It MR. CASSELL: Thank you, your Honor. 16 intentional waiver of the privilege? Just use I7 is Just ao the record is clear, on July 19, 2010, seven and a half yearn ago, LH said these very 17 IS Hr. Link's word. Things ere clear as mud. Nell, if something is clear as mud, there cannot be an II docunenta are privileged, and on February 23, 2011, 19 intentional waiver. So there's no waiver of 20 EM and Jane Doe through counsel said those 20 attorney/client privilege. 21 documents are privileged. So the Epstein entity 21 I know the hour is late. 22 that is Hr. Epstein and his array of lawyers wore 22 THE COURT: you don't have to feel rushed. I 23 on notice at that tine that every ono of these 45 22 want to ask* sure that you're heard and that your 24 documents was privileged. 24 clients are heard. 25 And then what happened on Friday night, March 25 RR. CASSELL: Thank you, your Honor. Woe 66 68 1 2nd, was that Hr. Link put into the public court I appreciate that because what we've heard shockingly 2 file strrnatles of the e-malls, quoting from them 2 this afternoon is -- let ne -- I know we need to be * directly, and we believe that wan improper. And 3 careful with language -- let's just say an accused 4 indeed, we've hoard today Mr. Link represent to the 4 abuser, Mr. Epstein, the non accused of abusing ny a Court all we wanted wan an in-camera review, but of 5 three clients, we are told has seen these Very 4 course they wanton something sore. They wanted to 6 privileged documents. We're told It. Goldberger 7 put those in the public court file because they 7 has seen them. We're told, of course, Mr. Link and S knew than the cat would be out of the bag, • his law firm has seen them. And of course this 9 publicity would ensue, and other dosage to my 9 very large law firm. the Fowler White law firm, has 10 clients could occur. And no I'm here this 10 seen them as well. And so the question is whet do II afternoon to raise what I think are time of the 11 we do? 12 essence concerns about the release of those 12 And were mindful in the fact you're about to 13 privileged materials by Hr. Epstein. When I use 1> onbark on ktat's likely to be a very time-conmesing 14 the corm •Hr. Epstein," I'll be referring to this 14 trial. So I would like to impose six renedien that IS entity. 15 we would ask you to execute today; none of htich, I 14 Let's be clear. There la no doubt from sworn 16 want to 'aphasia*, will require consurption of the I/ testimony in front of the Court that on January 10, 17 Court's time other than signing the proposed order II 2018 agents of this law firm picked up a disk from 34 chat we will provide for you. 19 the Fowler White law firm, and the Fowler White law Is The first is -- Me. Scorpio has already asked 20 firm, as you know from the ELKO, had been directed 20 for this and I believe obtained thin, but I want 21 some nix or seven years earlier not to retain any 21 the record to be clear. My clients are asking that 22 copies of theme docunenta. So there should be no 22 you preclude any use of the privileged exhibits 22 dispute about the circumstances right now. 23 either directly, indirectly or derivatively during 24 At that time Hr. Link's law fire, Hr. Epstein, 24 the upcoming trial because if someone relies on 25 were in possession of documents that Fowler White 25 this information, for example, in asking a question Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793850 I 2 69 co kr. Edwards or asking a question co any of the witnesses that Mr. Edwards is presenting, that I 2 71 address the victim, head on. How did this happen? THE CCORT: And understandable. I was not ) could implicitly reveal privileged information. s confining the obligation of Fowler %bite to those a THE COURT: We have all done this, so don't 0 entities [bac I mentioned. It was those entities 5 foal like you're alone. Aro you talking about Mr. a that cane to the Court's nind Initially. I don't 4 Epstein? 4 want this record to suggest I wasn't taking into 7 MR. CASSELL: I'm sorry. If Mr. Epstein's 7 account the concerns of the victims. 0 attorneys do that, that's the concern. r KR. CASSELL: Certainly, your Honor, I wasn't a So, for example, if they're formulating any 0 suggesting -- and this, of course, is ny first 10 questions to Mr. Edwards, they shouldn't be able to to opportunity -- you have always referred to building it use any privileged information because we're II a record -- this 10 my opportunity to build e 12 worried that that could implicitly disclose 12 record a0 well. So we want to know how these 13 privileged communications. I) materials were obtained. 14 Secondly, we would like Epstein counsel -- and I. The third thing we want to know is who were if that's a broad tern that includes -- I've probably 15 the materials distributed to? Mr. Scorpio has 'Ode 14 lost crack of the different law firms, but I, that request on behalf of his clients. I'n rifling 17 Mr. Link's law flat, the Fowler Mite law firm, I 17 that request on behalf of my clients. is is believe there are several others, Mr. Goldterger's law firm, we want then all co canvass their 1$ 19 We're told that Mr. Goldberger has seen it, we're told Mr. Epstein ha0 seen it. We want to 20 records, canvass their e-nails, canvass their 20 know who else has seen it. And this, frankly, may 21 servers and tell us if they -- hew did this happen? 21 rewire looking at e-mails, looking at servers and 22 He did this happen? 22 that sort of thing. 2) THE COURT: You're talking about how did the 2) I think the record should be clear [bac in a 24 Feeder White elm garner these records? 34 routine case, you night lay, *Well, that's going to 25 MR. CASSELL: Correct. is be too expensive.' Your Honor is aware this is not 70 72 I THE COURT: Well, I 'n not sure that any of I a routine case because I understand that two of the 2 their Servers are going to shed light on that. 2 finest and largest law firma here in Florida are 3 MR. CASSELL: Well, it may be, for example -- ) currently representing Mt. Epstein, so they 4 THE COURT: I don't want to go on a fishing i certainly have the reeources to search -- to 5 expedition, as you can appreciate. I don't want to 5 accomplish the searches that would be involved to 4 exacerbate the problem; meaning, I don'[ Want CO , see how these materials got anywhere. 7 unnecessarily delve into myriad to-mall systems co 7 The fourth thing i0 we want an order directing a gain knowledge that is likely residing at the S Mr. Epstein not to reveal the contents of this 9 Fouler White firm in scan form or fashion, whether 9 information to anyone. We are told that 10 lc be current or former employees or otherwise. So 10 Mr. Epstein has seen the information, so he should II I am not going CO go CO that extent at this II be singled out specifically for an order. 12 Juncture without further proof or basic proof for 12 Fifth -- I think this has already been I) going in that direction. 13 recovered. All copies of the documents are to be la MR. CASSELL: That would be our request. But 14 turned over under seal to the Court. IS there would to a broad -- you phrased it fishing If Sixth, we want our temporary sealing order, 14 expedition. We would phrase it a retrieval 14 which we will provide later today, to be converted I/ expedition -- to retrieve what's happened here. 17 into a permanent sealing order. Mr. Link filed in 18 But at the miniman we would ask your Honor then to I. the public court file, we believe highly 18 direct Epstein attorneys who were previously before IS improperly, infornation that he was on notice was 20 Chia Court, Feeler White, CO examine the :0 privileged. And he said today he wanted an it clecunstances here. 21 ln-camera review. Well, you do not get an 22 You noted that you thought there might have 22 ln-Ciner a review when you put these very down:int., 23 been an obligation for than to address the Court if or at least stoner'sa of those very documents, into 24 head on. I'm here telling you that the victims :4 the public court file. 25 believe they, Fowler White, has an obligation co ,5 We want the Friday night filing, the notice of Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793851 73 75 1 redacted naterials, co be placed under permanent , THE COURT: Mc as far as the court file is 2 seal. 2 concerned. ) And then the last request is just a a KR. LINK: The court file only contains the 4 housekeeping request. We're obviously scrambling 4 redacted version. We have double checked that. I 5 to sort out the implications of all this. I'm sure a asked Mr. Cassell to tell me if I missed a 4 I have missed some points chat need co bo made. c redaction. Could it happen? Yea, it could happen. 7 Due co the late filing of this docunent, due to the We haven't found one. If there was one that wasn't 0 public filing of the docunent improperly, we would 4 redacted, we'd be glad to redact It. But the only a like leave co be able to file a supplemental , thing that was filed In the clerk file was the 10 application for additional remedies after the trial 10 redacted version. It concludes and after we have received Information 11 Thank you, JUdde. 12 about how the documents were obtained and who they 12 THE COURT: All right. Thank you. 13 went co. I) Much of which -- or nun of the relief that 14 And so those aro the requests that I make on )4 hes been requested his essentially been taken Care 15 behalf of ny two clients. IS of I believe through the Court's prior order; that 14 THE COURT: All right. I, is, that the one disk containing the documents that I' Mr. Link? I7 are being sought to be introduced at trial to take is MR. LINK: Yes, air. Thank you. )8 to record will be pernitted to be filed under seal. II THE COURT: Thank you. 19 The sanitized redacted versions of those records 20 MR. LINK: I'm not sure how I can be more 20 I'n also ordering to be sealed in an abundance of 21 clear about whore we got the doctrmints from. one 21 caution Just in case there nay be sage error, not 22 got them from Fowler White, your Manor. I don't 22 intentional, on the part of counsel who tiled those 2) chink chat's a nystory anymore. 2) records. la I've represented to the Court who I have :4 Mr. Epstein will be barred from referring to 25 shared the papers with. The Court has ruled that :a any of those record as it relates to the documents 74 76 1 we're going to take the disks that we have and put / that were gathered from Fowler White or from any 2 lc under seal. Vo'll destroy all the other copies. 2 other source that would have included those records 3 That's what Mr. Scarola asked for and that's what ) that were the subject of Judge Ray's order. So 4 we said we would do. a it's to preclude anything coming in through the a As to the filing, I never said all I wanted 5 back door which wouldn't be allowed through the a was an in-camera inspection. What I said was , front. 7 Mr. Scarola said ha would like one and I said 7 Mr. Link, did you hunt to comment an this? a great, let's have ono. 8 KR. LINK: Yes. I wanted to remind the Court 9 Most important is this: The doctrnonts that wo 9 we have over a hundred exhibits that were listed to 10 filed -- and there was sone miscommunication with 10 that disk that are already in the court tile. II Mr. Cassell -- I want to make sure the record is II We've used then in depositions. So I'm 12 clear -- we did two things: We filed redacted 12 wondering -- those aren't excluded. I) docunents. Na redacted all of the names of EN, IA) I) THE COURT: Right. I'n not talking about la and Jane Doe, as this Court has instructed. So 14 then*. I'M filling about the ones that have been 15 choir initials were wiped out. Mr. Cassell called If derived from Fowler White and that have been sought 14 me and Said, 'I'M looking at a document and I see 14 to be introduced as part of the 748 or 724, or I/ choir initials.• what ha was looking at is we If whatever this lumber la, or the 45 that have been 18 served the counsel and hand delivered to the II claimed as privileged and have not been ruled upon 19 Court -- did not put lc in the. public file -- the is and will not be ruled upon prior co trial because 20 unredacted docunenta so we would all know what was :o of the reasons that I have explained in detail 21 in there. :1 earlier. 32 THE COURT: By the court, you nean -- 33 KR. LINK: Thank you, Judge. 33 MR. LINK: To you. To the judge. :a THE CCORT: Mr. Canna', did I leave out 24 THE COURT: -- co myself. 34 anything else? 25 MR. LINK: Yea, sir. 25 MR. CASSELL: Yes. He want to know how the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793852 I 77 Epstein entities cane into po➢➢ession of the i 79 KR. CASSELL' lie haven't heard, of coarse, 2 document➢, and then we want to know whore they 2 from Fouler mite. Will the Court direct them co 3 went. 2 nabs similar repre➢entations? 4 THE COURT: Because of the court ruling, I 4 THE COURT: I believe chat I have sufficient 5 don't find that to be a front burner i➢➢ue at this s authority co do that under these relatively 6 time. don't confuse anyone here. The • peculiar circumstances. My jurisdiction, though, 7 Court'➢ reference to front burner as oppo➢ed to 7 l➢ somewhat limited because they have withdrawn • being an issue of importance. Front burner simply • frogs the case. • moan➢ that in preparation for a trial that la o Aa a general blanket order I would simply say 10 actually a mere two to three bu➢ineaa days away, IC 10 that all attorneys who have or are representing Hr. II you count tomorrow, which I don't really count as a 11 Epstein shell be eub3ect t0 this order of 12 court bu➢ines➢ day because of my obligations to the 22 confidentiality, of sealing and of non- 12 Bench Bar Conference, I won't have the opportunity 13 dissemination of any ouch infornitica that is 14 to really delve into that prior to trial. 14 contemplated In any of the document➢ that are part II And as Hr. Scarola pointed out, I believe, 15 of the umbrella order of Judge Ray. And that would 14 earlier, that can be done at another tine. So I as 16 include all of the exhibits that we spoke about 27 certainly not going to forget that it needs to be I' today and that have been flied as a matter of se done. But it will be ordered that it be done post in record. I• trial. 19 KR. CASSELL: Gould they also be directed to 20 Any other remedies that are ➢ought as you go 20 make a representation as to who they have 21 along -- I understand the relative late nature of 21 distributed the documents to? 22 these revelations; hence, you aro not precluded 22 THE COURT: Hr. Link has already -- are you 23 frail filing a supplemental motion. 23 calking about Dewier White? 24 I also note that you have requested attorney's 24 KR. CASSELL' Fowler White. 25 foe➢ and costa related to thi➢ endeavor, and I'm is THE COURT: I Sonic Chink that I have that 78 80 I reserving on that a➢ well. I ability. 2 MR. CASSELL: But related to that i➢ the 2 KR. CASSELL: Gould I be heard on that issue i d LLLLL button. The cat la now wandering out of the 3 then? I believe that you do have -- all right. 4 bag, so time is of the a➢none. 4 We'll deal with that later then, your Honor. s THE COURT: Right. And again, I think that in 5 KR. LIKE: Can I rake a suggestion, your 6 an abundance of caution, and I understand your 6 Honor, that might be helpful? 7 concerns, but what the attorney➢ here recognize -- ? THE COURT: Sure. a and Kr. Epstein la also under this order -- is that • KR. LIKE: We now have, I think, S4 or 36 9 no further di➢➢emination is going to be made. I 9 boxes they delivered; I believe all the boxes hey 10 think that gce➢ without saying as far as the 10 have. The disk, the original disk, we now have it. II attorneys are concerned. I've known each of them 11 I don't know for sure, but I &mix thaw. chore's 12 seated at counsel table for many years, as I have 12 another disk that they rode and kept. If the Court 13 known Mr. Scarola and Mi➢a Terry, Kr. Burlington, 12 will instruct as part of this order that we II and I think they recognize that when this Court 14 maintain the boxes, because Fowler mite wanted IS makes a statement, that it la abundantly clear that Is then back, then wo will take possess ion of the IS it will be enforced to the letter. I have no doubt 14 bore➢. 11 in my mind that they will all be respectful of the 17 THE COURT: If you are tolling me that you IS court order of non-di➢➢emination of any of those se have authority tram Hr. Epstein to retain tho➢e 19 document➢ hence forth. 19 kenos and Mr. Epstein is essentially giving you 20 And Hr. Link has already represented to the 20 carte blanche, you and Miss Rockenbach and 21 Court that other than Hr. Epstein and hi➢ 21 Mr. Coldterger jointly, the authority to make any 22 co-counsel, that there have Leon no eye➢ laid upon 22 000.1924419 necessary to protect his interests, that 23 these document➢. Hence, I'm accepting that 22 129CS441 would be granted. 24 representation, as Kr. Scarola has accepted those 24 KR. LIKE: I'm standing here with this puzzled 25 representation➢ during the hearing a➢ well. 25 look because l'n not sure what that means, frankly. Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793853 81 83 1 All I was trying to do is say I will preserve the I want to tackle first? 2 documents, the original files, because. I don't 2 KR. BURLIAVTON: Your Honor, it's his action. 3 think there's another set of files somewhere. 3 KR. SCAMLA: The notion to ➢trite Dr. Jansen. 4 Fowler White had asked me to return them once we 4 THE COURT: All right. 5 went through them, and if the Court can instruct me s MR. BURLIAVTON: Unions you want ne t0 argue 4 to hold the boxes, then I will do that. 6 both sides, your Honor. 7 THE COURT: I don't have a problem with making 7 ME COURT: what's the other notion? a s that instruction, ➢o I'll leave it at that. You're speaking on behalf of your client, Mr. Epstein, as 0 a MR. SCAROLA: Adverse interest, your Honor, from the assertion of the Fifth Anendoent. III well as your own law firm, and Mr. Goldberger, I 10 NR. LINK: Mich one are we on? II take it, as well, so I have no problem making -- in 11 KS. TERRY: Jansen. 52 entering this order since you're current counsel 12 NR. LINK: Jansen. Okay. 13 for Mr. Epstein. 13 Good afternoon, your Honor. See if I can is MR. LINK: Thank you, Judge. I think that 14 start over today. II will make custody easier. 1$ THE COURT: You have done fine. 14 r7 MR. SCAROLA: Your Honor, there are two additional matters that I would hope can be 16 37 KR. LINK: I don't remember winning one yet, so maybe this one. I have hopes. 14 disposed of in advance of the start of trial. 10 Your Honor, this is our notion to strike is THE COURT: Sure. 19 Dr. Jansen. And I know the Court has teed the 20 MR. SCAROLA: Ono is Mr. Epateln's notion to 20 paper, so I'm going to be very brief about this. fl strike Dr. Jansen, and the second is issues with 21 Me have struggled since coning before this 22 regard to adverse inference. I think that both of 22 Court in Decenber with what this case is, because I 23 those natters have been fully briefed. 23 keep ➢aying co the Court chat Mr. Edwards wants to 24 Mr. Burlington is here to present argument In 24 try a detonation action, he wants to clear his 2$ response to the notion regarding Dr. Jansen. is name, he wants detonation-typo damages, and the 82 84 1 I suggest -- your Honor has told us that we're I Court keeps rebuking ne properly and Saying, no, 2 finishing at 4:30 today -- that we allot 15 2 this is a malicious prosecution action. We're not 3 minutes, seven and a half minutes per aide, to each 3 going to try a detonation action. 4 of those matters. 4 Their expert that they want to put on the s THE COURT: All right. Off the record. $ stand for damages has no opinion, your Honor, as to 4 (Discussion held off the record.) 6 damages. Not one. He can't talk about any donne 7 MR. LINK: Your Honor, we have a motion to 7 suffered by Mc. Edwards, if any. His sole opinion e strike the 79 exhibits that they disclosed late 8 is that he was given defanetory statanente by 9 after the cutoff. I think if we're going to do a 9 oatmeal, defamatory stetenente, and told to do a 10 goose and a gander, the Court should rule those 10 search to see how many tines the defamatory IL exhibits are stricken. 11 statement, hit a web page or how nany people 12 TIC COURT: kill, I have to -- I want to 12 touched the men page with the defamatory statement I) review that motion again since ny concentration has is on it. 14 been on the sequencing that I mentioned before. 14 So, for exarple, there's a newspaper article IS I'll be glad to deal with it prior to trial. Is chat ➢aye Rothatein and Edwards, and that neon's". 14 MR. LINK: I'm comfortable with your Honor 14 or that newspaper has 3,000 people that look at the 11 ruling on the papers if Mr. Sc aaaaa is. 17 newspaper. He ➢ays there are 3,000 hits. He can't IS THE COURT: well, I'd rather, since it's le cell you if one or the 3,000 people read the 19 something of the magnitude of trial exhibits and 79 19 article, what they thought about the article, did io in nuoter, I'd rather have argument on the subject, 24 It make any difference, did they change their view 21 to be perfectly frank with you. I appreciate your 21 of Hr. Edward*, did they not do business with him, 22 willingness to entrust the Court with that 22 did they Mehl& 23 endeavor, but I think it's better to have you heard 22 He say➢ he has no economic damages, so how 24 on the record. 24 does it help a jury to hear about nine million web 25 All right. Mr. Burlington, which one did you 2$ hits when you can't point toe single person -- I Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793854 l 85 said, •Toll mm one person, one person, Or. Janson, i 87 would require, of course, months of trial to pull 2 that you know road ono of these article➢.• Ho 2 people in. But that'', not our burden. 3 said, •I can't. 1 have no idea.• 2 THE COURT: Right. And we're not looking at a 4 The other thing that was important is ho said, 4 defamation case from cho standpoint of publication, 5 •I just use an average of data. I can't tell you 5 where publication is really pert of it. So that's i exactly because they accumulated over months.• No 4 not Meat is being sought here in corns of the 7 can't oven tell La how many tines this article was 7 export testimony, as I understand ic. • actually touched. All he can tell you is if 1 go • KR. BURLINGTON: Kell, we're seeking to prove • to the Pale Beach shiny shoot votoito, on an * the dissemination, as wo weuld In a defamation to average month 3,000 people look at it. So how can 3o II that help the Jury from a damages expert determine 31 TEE COURT: Kell, dissemination and recognized Ix whether the filing of this malicious prosecution 12 or acknowledged publications ate two different 13 action caused Kr. Edward➢ any damage? 13 things is what l'n trying to aay. I'm essentially 14 Thank you, Judge. le agreeing with you, I think, in the sense that i• THE COURT: All right. Thank you. IS there's no need to prove publication. 14 Mr. Burlington? 16 When I say • publication, • I'm talking about 17 MR. BURLINGTON: I'm Phil Burlington, here on 17 the consumption of that information by another la behalf of Brad Edwards. IS party and that party's -- and the effect ca that Is Thi➢ determination comes down to four 19 listener, or the effect on the person who agreed 20 question➢. First, is the expert qualified? That's 20 with that material. You're speaking only to the 21 not being challenged. 21 issue of dissemination. 22 The suggestion that ho cannot give opinions on 22 I . BURLINGTINe The Browning case says that 23 damages ignore➢ the nature of the damage➢ for which 23 the two primary factors in deux/Lining roputaticaal 24 case law is clear, which includes roputatIonal 24 damages are the gravity of the false allegations -- 25 222‘2902, shame and humiliation. They have 25 and here we have a young, talented trial lawyer who 86 88 I acknowledged shame and humiliation as an element of 1 is being accused not only of heinous crimes, but 2 damage. We've oltiod on page 6 of our respon➢e 2 heinous orbs& involving undermining the Judicial 3 five Florida cases. Two of them, Florida Supremo 3 system. And then the second factor noted In 4 Court ca➢e!, make it very clear reputational 4 Browning, and it's cited in other cases, is the 3 damages aro a valid °Lemont of a malicious 5 degree of exposure of the false allegations. 4 prosecution case. 4 And I've cited multiple cases in my brief that , So how do you monetize -- how does the jury 7 say that when courts have evaluated the II monetize the damage that has boon suffered by my 0 excessiveness of a malicious prosecution award, one 9 client? Neva oltiod c aaaa a and there aro cases we 9 of the critical considerations is the degree of 10 rely on from outside the jurisdiction, but it's 10 exposure of the false allegations. And this is h➢w 11 clear fron the many Florida cases we cite this. all II we aro doing it in the Internet age. 12 ari➢es fron the cannon law, and malicious 12 If we were 30, 40 years ago and this was dome 13 prosecution i➢ described nany time➢ as an ancient 12 and lot's say it was only exposed in this area of 14 cause of action, so it's all developed by the 14 the country, Palm Beach County, Broward, Mani, we IS carrion law. So reliance on foreign Jurisdictions 15 weuld exam in with the newspaper's circulation to If is not unusual, especially when it's consistent 14 give the jury same idea of the exposure. That 17 with Florida law. 17 doesn't really have much probative value in the IS But the cleare➢t di➢cussion is in a case le Internet age. 19 called Browning, which says that In roputational la And Or. Jansen is undisputedly qualified, 20 damages, which aro particularly hard to prove, and 20 probably more than anybody, to el* this, and he 21 [homes no case that I've ever road whore in a 21 explained how conservative his analysis was. And 22 malicious prosecution case a plaintiff was put to 22 he's not going to Loll cho jury that the nine 33 the burden of bringing in an individual who said, 23 million six hundred hits means chat nine million 24 •I didn't send ay case to this lawyer because I 24 six hundred thousand people read this story and now 2, hoard he was accused of a crime.• That, of course, 2S believed that Brad Edwards le a criminal, and so Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793855 I 89 forth and so on. 1 91 The fact thaw. chat tern le used not only in 2 And ono of the factors hero is a very wall- 2 describing certain part➢ of the task that was 3 recognised principle of the Bigelow case, which la 3 as➢igned to Dr. Jan➢en or in our argument regarding 4 a V.S. Supreme Court case, that says that ono of 4 the nature of the damages, it'➢ because that tern 5 the fundamental principles of justice is that if a s properly applie➢ to false aaaaa manta of fact that 4 defendant engages in wrongful conduct that creates 4 accuse a person of criminal conduct, of being 7 uncertainty as to damages, that falls on Chore. You 7 Lela., Wing untru➢tworthy and ➢o forth. It is 4 can't put the plaintiff to what la an essentially 0 not in any way a sugge➢tion that we are bringing a t lice2211320 burden, assuming wo prove our cause of o defamation action. 10 action. And that, of course, is an issue that this 10 The reputational damage➢ are clearly 11 trial will be all about. It recognized by the Florid* Supreme Court. They have 12 But they're trying to say really you can never 12 been recognised as one of these intangible damages 13 prove reputational damage➢ without bringing in Joe 13 for which a Jury has to be given bread discretion. 14 Six PA@ off the street and inquiring of him how 14 On the other hand, they have to be given 13 Meth of a grudge he's holding against Brad Edwards IS parameters. And In this context, the two primary 14 because of false allegations. That is amply not 16 ones as to reputational damages are the gravity of If the standard. 27 the false allegations and the degree of exposure. 14 Is it helpful to the jury? Well, the jury is 18 And that is exactly what this expert is qualified If not going CO understand the complexity of 19 to testify about. And there's been no suggestion 20 dissemination of information on the Internet, and 20 as to what confusion there would be. And so, 21 this witness is specifically qualified to do that. 21 therefore, we believe we have satisfied the 22 So when we go through the analysis is he 22 standard, and it's your discretion regarding the 2) qualified, la the lame relevant, is it helpful to 23 admission of his testimony. 24 the jury, we satisfy those three. 24 And to strike a whin➢➢ entirely is the rest 25 Then we cone to reasons to exclude. And the 21 extrema remedy that could be ➢ought in this 90 92 I only reason I saw raised in their notion for 1 context, and we submit it is not appropriate and 2 excluding it Was vague references to confusion. 2 the motion should be denied. 3 And I don't see how there could be confusion, given 3 THE COURT: All right, thank you. 4 the clear parameters of what Dr. Jansen testified 4 14r. Link, you havea few minutes to rebut. s to were hla directions, his methodology. There was S I . LINK: Very briefly, Judge. 4 terminology that he has to explain to the jury, but 6 I think a little bit of the confusion on the 7 all experts do that in complex situations. The 7 damages is there's really two standards. The S jury here would not be capable of making an 8 standard for damages in a malicious prosecution 9 analysis of the degree of dissemination on the 9 based on lack of probable cause in a criminal 10 Internet as a matter of thole common sense. 10 action has per se damages. They're assumed, II THE COURT: I didn't read the notion as 11 because if somebody make➢ an allegations that you 12 suggesting a prior Daubert analysis Doing required. 12 aro a criminal in the criminal court and they have 1) MR. BURLINGTON: I'm sorry? ID you arrested, then your reputation and your 14 THE COURT: I didn't road the notion filed by 14 character are imodiately lepOred. IS Mr. Link to talk about his seeking a Frye or 15 This is civil. In civil it revive➢ damage➢ If Daubert analysis. 16 proximately caused. And it'➢ not a Frye analysis, 17 MR. BURLINGTON: Correct. That's my reading 17 it'➢ not a Daubert analy➢i➢, it'➢ a basic does this IS as well, your Honor. is help the jury and is it a 403 issue, which is if I 19 Now, there was a little preamble, as there has 19 get on the stand and I say there were nine Millen 20 been on many mations here, about hew this is all 20 hit➢ when in fact all he did was search for 21 about a defamation action, and we've cited in our 21 defamatory teals given to him by counsel without 32 response the term •defamation• is a general term in 22 taking into consideration was it Mr. Edwards who 33 the English language, and we've cited Miriam 23 mete co the press, did he do a pros➢ release, when 24 Webster, which is about as white bread as you can 24 did these -- when were the -- when did the 23 get on a definition. 25 diatmination take place, did anybody reed them, Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793856 93 95 I did is make any difference? t inference instruction based on Fifth Anentrient 2 One of the things Mr. Edwards has told us is 2 assertions that we are requesting of the Court, ) ho has no economic damages. His law firm has made o which I suggest to your Honor is in direct 4 substantially mare money, or himself personally, 4 conformity with the United States SR/nit* Court's 5 since Mr. Epstein sued him than from before. s opinion in Baxter versus Palmlgiano and also 4 So to say co the jury nine million hies sounds 4 conform with the clarification in the case of 7 like nine million people are reading this. I Combine Investments versus Rothstein. 0 believe that prejudice outweighs any, any value it I Interestingly, a natter related to the Ponsi a might have, any relevance in this action, because , schma. 10 he needs co show damages proximately caused and not 10 And those two eases together stand for the It just put someone on the stand co talk about hits. 11 basic principle that you may not loose Civil 12 Thank you, Judge. 12 liability solely upon the assertion of e Fifth 13 THE COURT: Okay. I was writing as wo were I) Armodnent privilege. But if a defendant confronted 14 speaking and certainly was anticipating 14 with evidence against him in the context of a civil IS MY. Burlington to state the well-known legal action IS case refuses to answer questions that are relevant 14 that a request co strike a witness is a drastic and 1, and materiel to that civil case, then drawing an 17 extreme treasure reserved only in rare O adverse inference based upon Fifth Mendnent 10 clrcunstances, especially whore here we're dealing 18 assertion is not required, but is permitted. is with an export which is otherwise qualified to 19 That's exactly what this instruction says. 20 testify to what he's going co testify. And there 20 Your Honor is well aware of the brood array of 21 being no Oauberc or Frye analysis necessary, the II Questions to which ft. Epstein has refused to 22 Court would deny the. motion. 22 provide answers, and it is of. particular 2) I would point out that many of the issues that 2) significance that those refusals occurred in the 24 wore raised by Hr. Link both in his. written nation 24 OintOit. Of efforts to obtain discovery on the claim 25 and orally certainly can bo effectively dealt with 31 that Mr. Epstein himself asserted. 94 96 I on cross-examination. But the core aspect of the / He filed e lawsuit intending not to provide 2 Court's ruling today is that raputacional damages 2 any discovery with respect to the claims that he 3 and damages for humiliation aro difficult co 3 nade and, carrying through on that intention, 4 demonstrate to a jury, and the. manner in which the 4 refusing to provide any discovery on those claims o plaintiff chooses to go about presenting chat 5 that he made. Under those circwrotences, an 4 testimony, in this Court's view, is. reasonable in 4 adverse inference instruction is particularly 7 part co Dr. Jansen's proposed testimony. So again, 7 appropriate. 9 that motion is respectfully denied. 8 I night also point out to the Court that there 9 The next issue. 9 is a basic principle of law [elating to ednissita 10 MR. LINK: Judge, I Chink chat's 0 for S. 10 by silence. Separate and apart from Fifth 11 THE COURT: I don't keep score. Never have II krontriOnt concerns, if someone is confronted with 12 and never will. I know you say lc in gest, and I 12 accusations under circumstances where they have in 1) allowed is the last time without a mention, but 13 this ciao not only a right but an obligation to 14 repeating It is Inappropriate. 14 speak up in response to these accusations and they 15 MR. LINK: Judge, l'n sorry. Ic was not meant Jo fall to say anything, that accounts to an admission 14 co be inappropriate. re by silence. la MR. SCAROLA: Your Honor, the next issue It So based upon those two very fundUnantal IS before the Court relates co the plaintiff's II principles, the U.S. Supreme Court recognition, the 19 entitlement to an adverse inference instruction 10 Fifth Anentrient protections do not apply in the 20 arising out of each of those circumstances where :o context of civil litigation based upon the basic 2/ Jeffrey Epstein has. asserted his Fifth AftOndOOnt 31 principle of attilaslons against silence, admission 22 right co remain silent. The primary objection co 33 of a party opponent by silence. 23 the entitlement co an instruction really related to 3) He ask the Court approve this proposed 24 the content of the instruction. 34 instruction and permit us to content upon 2S And I have handed your Honor the adverse ,5 Mr. Epstein's assertion of the Fifth Amendrient Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793857 I 97 privilege in the context of this civil litigation , 99 the Fifth knetwfitenc, refuses to answer questions 2 In oath context In which those assertions were 3 when evidence it offered against him hatch to 3 made. 3 relevant to the case, end gusto. I don't think 4 So it relates to his assertion of the Fifth • that's an accurate statement of the protection I Amendment privilege with regard co the elements of s mechanism. 4 7 the claim that he brought against Bradley Edwards, It relates co his assertion of Fifth Amend Went c KR. COLEBEWER: I bracketed that myself, your Honor, in the instructions Hr. Scarola gave me. 0 privilege with regard to all questions relating to I /any concern nay be a little different than the 1 his economic circumstances, it relates to his I Court. to assertion of the Fifth AniindWaint privilege in every 10 Whether that's accurate or not, I don't want it context in which he has asserted that privilege. 11 this jury to be thinking well, the right against 12 Thank you, sir. 12 self-incrimination applies in a criminal case and, 13 THE COURT: Thank you. I) therefore, he's guilty of everything that they're 14 Mr. Scarola, the reference co Florida standard 14 trying to get on adverse inference M. There If Jury instruction 301.11, am 1 going co find this IS simply is not a connect there. I don't know why we 14 chore? 19 need to mention anything about a criminal case in 17 MR. SCAROLA: what you're going to find there, I' this jury instruction other than Mr. Epstein under 14 your goner, is a spoliation instruction. And what le the United States Constitution cannot be ccepelled II we've done Is we have adopted the spoliation 19 to provide evidence against himself in a criminal 20 Instruction, which is the closest standard in 20 proceeding, period. 21 Jury -- closest standard Jury instruction co these 21 And then, you know, and the guilt of a crime 22 circumstances. That is not an adverse inference 22 nay not be inferred fron the exercise of the Fifth 2) instruction based upon Fifth Amendment. No such 23 3:433.3them right to remain silent, that's confusing, 24 standard Jury instruction exists. 24 your Honor, and It's just going to inject criminal 25 THE COURT: Well, I didn't chink so. And is issues into this civil trial, and I thin It's Just 98 100 I thank you for that clarification. I not necessary to the instruction that Hr. Sterol. 2 I'm surprised that there really aren't more 2 is seeking that this Court give to this jury. 3 camas chat deal with chi& instruction in a civil 3 And then the second sentence, your Honor, 4 context. And no Florida cases chat you're aware 4 address, However, the protection that applies in a 5 of? 5 criminal proceeding does not apply in a civil 4 MR. SCAROLA: Coquina Is a Florida case, your , lawsuit when a person, based on the Fifth 7 Honor. 7 amendment, refuses to answer questions. And I know S THE COURT: Wall, it's a Federal District S where the Court is heading because that requires a 9 Court case, not a Florida appellate court case, 9 balancing test et this point. 10 which would be binding on this Court. 10 Judge Crow, by the way, your Honor, back in 11 All right. Counsel for Kr. Epstein? II Inv' her of 2013 addressed this vary issue in an 12 MR. GOLDBERGER: Now I get to stand. 13 order that he entered. And I'll quote fron it. I) Good afternoon. Jack Goldberger on behalf of la This is Order on Counter-plaintiff Bradley Edwards' la Mr. Epstein. 14 Motion to Deternine Status of Punitive Damage IS Your Honor, as a general statement of the lax, Is Discovery and Applicability of Adverse Inference. 14 Mr. Scarola is correct. 14 And in that order, your Senor, your predecessor II THE COURT: Let me toll you where I have some 17. Judge. Judge Crow, stated, 'The counter-plaintiff, IS issues, Kr. Goldberger, with this. And Kr. Scarola I' Bradley Edwards• -- I'm sorry -- •The le can speak co it as well, now that I understand Its 1, COUnGer-plaintiff Edwards' request for jury 30 origination. 30 instrUttiOns adverse inference instruction is 31 The first sentence I don't really have a 21 deferred until the tine of trial. And at the time 32 problem with. The second sentence is where I have 23 of trial, upon specific analysis of the specific 33 a problem. It says, quote, However, the protection Is questions and answers, including those propounded 24 chat applies in a criminal proceeding does not 24 in discovery, the Court will determine whether en 25 apply in a civil lawsuit when a person, based upon ,5 adverse inference instruction will or will not be Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793858 I 101 given.- I 103 try rulings relative to the Fifth Amondsent Issue 2 So I think what Judge Crow meant in 2013 is 2 that I've already reviewed -- I'll be glad to ) chat you can't determine what the instruction is a review a proposed instruction that you and your 4 going co be until such tine as you hoar the 4 team prepared. 5 question, and than you must first do a 403 a So at this time -- again, I'm going to give 4 analysts. 4 the Instruction. An Instruction. The instruction 7 Noll, first you must dotormlno whether it's , la still up in the air In terms of the hording. 0 relevant, then you have to do a 403 analysis, then 4 I'm comfortable with actually the first 1 you have co decide whether under that 403 analysis a sentence, I'm comfortable with the second to and respecting the sanctity of an invocation of the 10 paragraph. It's the second sentence in the first II Fifth Amendment privilege, whether an adverse II paragraph that will need to be changed. 12 ti Inference instruction is appropriate. So for Mr. Scarola to simply ask you at this IS )) KR. SCAROLA: Kay I suggest a language change, your Honor, because I think I understand -- 14 point to have a blanket instruction co give t0 this It although your Honor has not articulated the II is jury ovary tine -- based on every tine Kr. Epstein invokes his Fifth A:rand/rant privilege I do not IS In concern, I think in rereading that second sentence, I understand how it could be of concern. The Fifth 17 believe is a correct statement of the law. And I 17 Antwndrent -- is would ask the Court co follow Judge Crow's ardor, IS THE COURT: The concern potentially is the It where he said I'm going to do is on a 19 blanket statement that protection that applies in a 20 question-by-question basis. 20 criminal proceeding does not apply in a civil 21 THE COURT: Wall, a couple things. One is, 21 lawsuit. 22 again, prostaning, without knowing, what was going 22 I . SCAROLA: Teo, sic. I understand that. 2) through Judge Crou's mind at the time, but I would 23 what I suggest for consideration by the Court and 24 chink that the likely contemplation was that by the 24 opposing counsel, instead of the instruction 25 time this case got to trial, whether it was in :a reading, 'However, the protection that applies in a 102 104 I 2014, 'IS and now 'IS, Mr. Epsteln's criminal I criminal proceeding does not apply,• it should 2 Issues would have been behind him and that there 2 read, 'However, the prohibition against drawing en 3 was not at that particular juncture a need t0 rule 3 adverse inference that applies in a criminal 4 on something that was probably potentially, at 4 proceeding does not apply in a civil lawsuit,• 5 boat, speculative. deatleer, the time is now, so to 5 et cetera. That's the part that does not apply. 4 speak, because we've gone through in painstaking n You still have your Fifth Mendnent 7 detail Watt of chose questions chat the Court 7 protection, however, you don't have protection 8 doomed relevant and chat Hr. Epstein invoked his 8 against an adverse inference. That', whet I 9 Fifth Amendment privilege and, therefore, the Court 9 intended to say. It's not said as clearly as it 10 would find that an adverse instruction would b0 10 should be, so I suggest that the language reed, II appropriate. )1 'However, the prohibition against drawing an 12 Tho language that I find fault with, 12 adverse inference that applies In a criminal I) particularly in the second sentence, will have co 13 proceeding does not apply in a civil lawsuit, • la bo ironed out and dealt with in a way that's going 14 et cetera. IS to be palatable co the Court. If Hit. COLDWEEKER: Your Honor, I accept Mat Kr. 14 You certainly have the right, and it la a 14 Scarola is trying to clarify, but I also accept I' matter of law in the civil context, chat if you 17 your invitation to corm up with our own instruction 18 seek co have an instruction provided co the Jury on I• at this point. 18 this Issue, it must be filed t0 preserve error. 10 KR. SCAROLA: I just want to be sure our 20 Now, of course, If it was -- if lt•s doomed to 2° proposal is on the table. And that's what it is. 2i bo erroneous to give an instruction at all, then 31 THE COURT: However, the prohibition against 33 that requirement would be obviated. However, if 33 drawing an adverse inference -- to we'll eliminate 33 you aro seeking an 'ardor with cho Court's stated 2> the word 'protection' and substitute 'prohibition 24 intent that one will be given -- because as far as 34 against droving an adverse inference.' 25 the Court la concerned, it la necessary based upon ,5 KR. SCAROLA: Teo, sir, which I believe is en Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793859 l 105 absolutely exact statement of the law. I 107 adverse inference chat applies In a criminal 2 THE COURT: All right. I certainly can live 2 proceeding dcoa nor apply in a civil lawsuit,• 2 with that acre ao than I could letting that 2 et cetera. That'➢ the part that doe➢ not apply. 4 sentence stand as it was. 4 You still have your Fifth broad:sem S But again, your invitation remains. I'll be 5 protection/ however, you don't have protection f glad to take into consideration any proposed 4 against an adverse. inference. That'➢ what I 7 instruction that you provide no, Mr. Goldberger, 7 intended to say. It'➢ not ➢aid a➢ Clearly a➢ IL a and your team. L should be, so I suggest that the language read, * But again, I'm ruling that adverse instruction a •However, the prohibition against drawing an in is abundantly necessary, without question. And, to adverse inference that applies In a criminal II therefore, one will be given. II proceeding does not apply in a civil lawsuit, • 52 But again, I will invite you to prepare ono 12 et cetera. Is for the Court's oonsideration. 13 KR. OOLEOflR: Your Honor, I accept what Mr. Id MR. GOLDBERGER: Thanks, Judge. That's le Scasola le trying to clarify, but I else accept Is obviously subject to relevancy. Obviou➢ly. 15 your Invitation to cone up with our own Instruction 14 THE COURT: I'll put on the record for you so 16 et this point. I7 that there's no equivocation, I understand that 17 KR. SCAROLA: I just want to be sure our is your blanket objection is to giving an adverse 10 proposal is ca the table. And that's whet it is. Is instruction at all. That la recognised, and it's 19 THE OOURT: However, the prohibition against 20 overruled. 20 drawing an adverse inference -- so we'll elininate 21 However, as I said, as a substitute, my II the word 'protection • and substitute • prohibition 22 understanding of the law to to is it will be 22 against drawing an adverse inference.• 23 necessary now that the Court has ruled, unless you 23 HR. SCAROLA: Ye➢, ale, which I believe i➢ an 24 amply want to stand on your blanket objection, 24 absolutely exact statement of the law. 25 that an alternative instruction must be given for 25 THE COURT: All right. I certainly can live 106 108 I the Court to consider so as to preserve further 1 with that sore so than I could letting that 2 your objection. 2 sentence stand as it was. 3 Scat this tine -- again, ['mooing to give 3 But again, your invitation remain. I'll be a the instruction. An instruction. The. instruction 6 glad to take into consideration any proposed s is still up in the air in terns of the wording. S instruction that you provide ne, Kr. Goldberger, 6 I'm comfortable with actually the first 6 and your tea. 7 sentence, I'm comfortable, with the second 7 But again, I'm ruling that adverse instruction S paragraph. It's the second sentence in the first 0 is abundantly necessary, without Question. And, 9 paragraph that will need to to changed. 9 therefore, one will be given. 10 MR. SCAROLA: Kay I suggest a language change, 30 But *gain, I will invite you to prepare one II your Honor, because I think I understand -- il for the Court's consideration. 12 although your Honor has not articulated the, 12 HR. SCAROIA: Your Honor, we thank you very 1) concern, I think in rereading that second sentence, Is mot for your generous allotment of tine today. Id I understand how it could be of concern. The Fifth 14 Look forward to seeing you on Tuesday. IS Armndment -- 15 DIE COURT: ]t'efrypleasure. If TIM COURT: The concern potentially la the 14 Again, you all have done a s1p➢rb job in both I/ blanket statement that protection that applies in a 12 your written and oral presentations. I appreciate IS criminal proceeding does not apply in a civil le the excellent armmont. As I've nentioned In the IS lawsuit. 19 past, if I had the pleasure of dealing with 20 MR. SCAROLA: Yea, sir. I understand that. 20 attorneys of all of your caliber each and every 21 What I suggest for consideration by the Court and 21 day, I wouldn't have the headaches that I do 22 opposing counsel, instead of the instruction 22 physically and figuratively. 23 reading, •However, the protection that applies in a 23 lot. SCAROLA: Your Honor, for planning 24 criminal proceeding does not apply, • it should 24 purposes, are we going to be conducting an initial 25 read, •However, the prohibition against drawing an 25 screening on Tuesday, having Jurors fill out the Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793860 109 111 l questionnaire and then returning for voir dire on 1 interim order relinquishing jurisdiction on an 2 Nolneaday? The initial screening I would think 2 unrelated case -- a ease chat goes back to 1995, 3 would include hardship challenges and also 3 actually -- and emphasize in chat interim order the 4 questions with regard to anyone's Canillarity with 4 significance of counsel'. stipulation. And so I'm 5 the underlying circumstances of this, case. 5 here to make determinations of Law, rule, whore 4 THE COURT: That's smoothing that we're going 4 necessary, but the conduct of the trial is going co 7 to have to discuss, and I quoaa the beat time to do 7 largely depend upon lead counsel. 4 it is now. Take a little bit more time. 0 So if you guys fornulate a questionnaire of a 4 Madam court reporter, aro you okay with a few o preliminary manner that you can agree on, you got le more minutes? 10 it. I'm more than willing co accede co that. And II THE REPORTER: Sure. II if that is sufficient in your view to satisfy the 12 THE COURT: My thinking is that likely it will 12 issue of pretrial publicity, knowledge of the II be necessary to preliminarily individually question 13 circumstances, knowledge of any the participants, is the venire panels. I'm going to have a hundred. 14 things of that nature that ace critical to the Is MR. SCAROLA: Yea, air. 15 analysis, then that's satisfactory to no. 14 THE COURT: I know that will be time 16 KR. SCAROLA: Well, ny suggestion, your Honor, 17 consuming, but based upon the 'appetite case, and 17 is that awe the group is assarbled, the Court deal is thin having soma par aaaaaa as far as the publicity IS with hardship issues in whichever way your Honor Is aspects are concerned and the nature of the 19 ordinarily deals with hardship leaves. Anyone who 20 allegations and acktisaions that we're dealing with 20 is not asserting a hardship for which they are 21 here, that it's incumbent upon the Court to 21 seeking to b0 excused and anyone who does not 22 individually question each of the initial venire 22 express any knowledge with regard to Epstein or 23 swediera as to their knowledge of the individuate 23 Rothstein, which 1 chink aro the two broad 24 involved in this case. Those aro my thoughts 24 categories that we need to address. 25 preliminarily. 25 THE COURT: l'n not as concerned with 110 112 I MR. SCAROLA: May I make a suggestion? 1 Rothstein particularly now as I an, as I was -- 1 2 THE COURT: Sure. Mhcever is going to 2 really -- I've never really been concerned with 3 primarily conduct volt dire, why don't you coma up 3 Rothstein. 4 to the poll= so I can hear from you and you don't 4 KR. SCAROLA: From try perspective, we can s have to jump up and down. 5 Linn it to any knowledge with regard to Epstein. 4 MR. SCAROLA: Koine proposed a juror 6 And I would think this 15 the defense's primary 7 questionnaire and I think that we're probably close 7 concern as well. 8 in tend of the content of that juror 8 THE OOURT: Or Mr. Edwards. There's nine 9 questionnaire. 9 nillion hits, apparently. 10 THE COURT: I haven't seen it. 10 KR. SCAROLA: Well, that's tree. I think IL MR. SCAROLA: If we're not there already, 11 those nanoe should be made known to the juror.. 12 we're clone in terms of the contents of that 12 Anyone who recognises those names and anyone who 13 questionnaire. Is has a hardship noels* to be individually I.1 THE COURT: I haven't seen it yet, so that's a 14 questioned. 15 bit of a disadvantage for me because this is 15 With regard to the others, they are given 14 something that goes unmentioned, but certainly it 14 questionnaires and they are asked to fill out those 11 la my philosophy in most of the cases that I handle 17 questionnaires, and then they are excused for the IS and all of the cases when I'm dealing with le balance of the day. If someone survives individual 19 exceptionally competent lawyers, once voir dire is 19 questioning, they're given a copy of the 20 over, there's little that the jury hears from me. 20 questionnaire, they fill chat out, and they're 21 You are the ones, who are going to be essentially 21 excused for the balance of the day. 22 , and I leave it to competent, 22 THE COURT: All right. So let me stop you 23 experienced attorneys when it comma to 23 chore so I'm understanding. no questionnaire that 24 stipulations. 24 you're proposing would be after the initial issues 25 And the Fourth has reiterated that in a recent 25 regarding knowledge of any of the participants in Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793861 113 115 1 this case? t I have done it before and have had remittable 2 MR. LINK: That's what I envisioned, your 2 results using now Chief Judge Gerber's, then Judge ) Honor. And I think Rothstein, Epstein all have to 3 Comber here in the Circuit Court, hi➢ voir dire 4 be part of that dialogue. a colloquy on hardship. It's excellent. And it is 5 MR. SCAROLA: I don't have a problem either 5 ono that I've had very, very good succes➢ 4 way. 4 utilizing. And I have dorm it la a group. And the 7 THE COURT: That'a fine. Certainly we'll have 3 group sorting is actually better. 4 the opportunity to question them further. If they • NR. SCAMLA: I agree chat needs to be dam in t say they have heard of Scott Rothstein, we will to • the group. le able to drill down further into that inquiry. 10 The bottom line l➢ that chose who survive the II MR. SCAROLA: Yea, sir. Anyone who has not II initial screening process either because the 12 heard of any of those three people and does not 12 screening process is not necessary for then or they II have a hardship fills out the questionnaire, leaves 13 have case in, been individually questioned and they is with instructions to return the following morning. 14 still qualify, those people all fill out a juror II Everybody else is subject to individual vole dire. 15 questionnaire before they leave for the day and 14 THE COURT: I'm thinking about it the other 16 they're instructed after filling out the 17 way, and I'm thinking the individual volt dire has 17 questionnaire to return the following norning. is to come at the initial point of whether or not any 18 THE COURT: Nhat are you envisioning -- what it of these people have any knowledge of the 19 are you both envisioning on this questionnaire? 20 protagonists hero. 20 lot. SCAROLA: All of the basic information 21 MR. SCAROLA: Nell, it would. The only people II that tekesalcag tine to gather on en individual 22 who aro excused are those who have no hardship 22 basis that we won't need to gather individually 23 concern to raise and don't know any of the three 23 demographic infornation, marital status., Job 24 people. 24 history -- 25 THE COURT: But the knowledge of the people 21 THE COURT: So you think is would to better 114 116 I has to come first. 1 with 100 -- let's use 00 as a round number -- 80 2 MR. LINK: It doom, your Honor. You have the 2 people -- it would be better -- and, Mr. Link, I 3 sequence correct. 3 want your thoughts on the subject, too. 4 THE COURT: Because then hardship becomes a 4 NR. LINK: Yes, sir. 3 non-issue. 5 THE COURT: It would be teeter to give them 4 MR. SCAROLA: That's fine. 6 the questionnaire, have then fill it out in our 7 THE COURT: Okay? It's the degree of their 7 presence and then &snips then for the day so that S knowledge, if any, that will have to be dealt with 8 you all could evaluate this information, as opposed 5 first. If they have knowledge of a nature that 9 to going through the standard questionnaire that I 10 results in an immediate cause challenge, then we no 10 have here, which as one we all use with demographic 11 longer have to got into any of the other issue➢. 11 information, the name, place of domicile, 12 MR. SCAROLA: But does your Honor envision two Ir occupation, smrical ➢tatu➢, ➢pouse's occupation, 1) separate individual voir area? 13 adult child occupation, prior jury service, parries 14 THE COURT: No. 14 co any pending or past law ➢ults, similar criminal, 15 MR. SCAROLA: So you would want to identify is knowing anyone in the courtroom -- we'll basically 14 everybody who has knowledge and everybody who is 14 cake that out of the equation -- and can you and 11 claiming a hardship. 17 will you be a fair juror In the ease? 18 THE COURT: Has. knowledge of a I• KR. SCAROLA: Ye➢. lie include all that It disqualification nature. And if the graftage is lo information. We request ➢one additional 20 incorrect, forgive no for the late hour. 20 information a➢ wall. They fill out the 21 So, yes, it would be only those who would 21 questionnaire➢, the gW➢tionnaire➢ are gathered, 32 be -- who would have knowledge that would subject 22 copies are the Court has one, each nultiple wade 23 there to disqualification. 21 ➢ids has a copy or nore, if they choose to order 24 MR. SCAROLA: Yea, air. 24 then, and we then have a chance to look et then 25 THE COURT: After that, I see no issue because 25 overnight and cone back the following day and focus Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793862 117 119 our vole dire on those questions that need to be 2 asked. 3 THE COURT: I'd like to reserve my right to 4 ask the fairness question, so I don't want that 5 included In the questionnaire. 4 MR. SCAAOLA: That's fine. 7 MR. GOLDBERGER: Just procedurally, your • Honor, I just did this in a case recently in this • circuit, and the procedure requested by Hr. Searola 10 is close to what wo did. 11 After the individual got through, they 12 survived the cut, they then filled out the 13 questionnaire, actually down in the jury assembly II room. They collected the questionnaires for us, 23 they gave us the copies overnight, and we cane back 14 the nowt day, and it worked pretty well. THE COURT: Okay. So that will to fine. So is what we'll do on Tuesday to the 100 people that If will be assembled -- we'll be doing jury selection 20 in 11A, so report there at 9:30 on Tuesday 21 morning -- we will go ahead and individually speak 22 to the jurors outside the presence of the 23 remainder. I don't want to do it with the white 24 noise. Aa I ➢aid, that would be headache producing 25 within minutes. 1 2 0 7 0 9 10 11 12 13 le 15 16 I, IS 19 20 21 22 23 24 3s pointed out and always keep in nind the eon to *unman people co jury service is extraordinarily high, and so we don't want to waste the taxpayer➢' money In that respect as well. All right. So again, I want to thank and contend each of you for your presentations today. all [hat participated either directly or indirectly In the presentation of all of your materials. Thank you co our courtroom personnel, thank you to our staff attorney, whe's been assisting so. And I wish you all a pleasant evening. MS. ROCIOSh13AOH: Your Honor, you almost got away. I just have a proposed order on the nation to stay that your Honor denied earlier, if I ran Approach. I gave a copy to Mr. Sterole just a moment ego. THE COURT: Yes. Nhet you can do tomorrow on the substantive onions -- be at the Bench Bar Conference and you have try permission to track we data. Our schedules ere pasted, so you'll know where I'll be. But I'll be doing the civil presentations during the afternoon. There's two of then. So PII be able to be reached there. SCAAOIA: Thank you very ouch, your Honor. THE COURT: Thank you again. Have a great 2 3 9 10 12 I) 14 IS IS 11 IS 19 35 21 32 33 34 33 118 MR. SCAAOLA: Easiest is just go into the jury THE COURT: I think that's the ben way to do it. And you'll individually question oaeh of the panel after I have introduced everyone, after I've had the opportunity to make than as comfortable as possible and to explain what we're doing and why -- not why we're doing it, beeiu➢0 I don't want to hint at anything -- some nay recognize the vane right off the bat -- but indicate to then that we have agreed that we will question each of you individually so as to find out only preliminary information concerning the matter at hand, and leave it pretty much at that. And then we'll go over with then if they have any knowledge of Mr. Edwards, Hr. Epstein or the Rothstein natter. And I think that's the better way to do it. Obviously, the reason for my doing it, even though it has not cone under attack or objection, is because I don't want the entire 100 people to be tainted by one person spouting somothing that nay be of the nature that could arise here. So to avoid that operation -- and, you know, it should ba 120 rest of the week. Thank you again to our courtroom 2 personnel. We'll be in recess. [Thereupon at 4:90 p.m., the hearing was concluded.l 4 5 6 9 10 11 13 11 14 1 16 17 le 19 20 21 23 21 34 25 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793863 L 2 a 4 121 CERTIFICATE - - - THE STATE OF FLORIDA, ) COUNTY OF PAIR BEACH. ) 5 I, Elaine Y. Williams, Registered Professional Reporter, State of Florida at largo, do hereby certify 4 that I was authorized to and did report the above hearing at the time and place heroin stated, and that it 7 is a true and correct transcription of my stenotype notes taken during ➢aid hearing. 4 I further certify that I an not attorney or * counsel of any of the parties, nor am I a relative or employee of any attorney or counsel of party connected 10 with the action, nor am I financially interested in the action. II The foregoing certification of this transcript 12 does not apply to any reproduction of the sane by any swans unless under the direct control and/or direction 13 of the certifying reporter. is IN WITNESS WHEREOF, I have hereunto set my hand this, 9th day of march, 2018. IS 14 l Elaine V. Williams Notary Public in and for the State of Florida 13 My Coimi➢alon Expires 03/27/21 My Commission ICC 72248 II 30 31 22 23 24 21 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793864 122 A abide 19:10 ability 15:1947:7 61:1 80:1 abject 55:17 able 19:14 20:17 27:19 56:17 69:10 73:9 113:10 119:23 absolute 30:10 absolutely 25:15 32:21 53:23 59:9 60:16 61:16 67:9 105:1 107:24 abundance 75:20 78:6 abundantly 78:15 105:10 108:8 abuser 68:4 abusing 68:4 accede 111:10 accept 63:13 104:15 104:16 107:13,14 accepted 78:24 accepting 78:23 access 20:4,4,6 61:7 accomplish 72:5 account 71:7 accounts 96:15 accumulated 85:6 accurate 99:4,10 accurately 67:4 accusations 27:7 30:15 96:12,14 accusatory 30:16 accuse 91:6 accused 7:11,13 68:3,4 86:25 88:1 Ackerman 8:1 35:23 36:1,1,2 56:23 Ackerman's 48:25 acknowledged 5:11 86:1 87:12 Act 16:1 acted 27:10 action 23:20 50:2 83:24 84:2,3 85:13 86:14 89:10 90:21 91:9 92:10 93:9,15 121:10,10 actively 35:24 add 34:23 added 3:22 4:9 5:25 6:1 10:22 29:16 39:12 additional 34:21,23 46:18 73:10 81:17 116:19 address 20:9,14 32:16 55:9 64:1 64:21 65:1 70:23 71:1 100:4 111:24 addressed 64:25 100:11 addressing 3:12,16 adequate 13:24 adequately 34:5 adheres 4:22 Adler 8:20 9:12 administration 47:19 52:7,23 53:2 54:12 55:11 admissibility 30:20 33:19 Admissible 3:12,17 admission 91.23 96:9.15,21 admissions 96:21 109:20 admit 44:2 adopted 97:19 adult 116:13 advance 26:24 81:18 adversaries 11:22 11:24 adverse 29:8 81:22 83:8 94:19,25 95:17 96:6 97:22 99:14 100:15,20 100:25 101:11 102:10 104:3,8,12 104:22,24 105:9 105:18 107:1,6.10 107:20,22 108:7 advised 9:22 affidavit 24:13 25:23 26:6 27:18 30:25 affirmative 61:12 aforesaid 1:21 afternoon 46:17 65:6 66:11 68:2 83:13 98:13 119:22 age 88:11,18 agents 66:18 ago 6:16 20:22 29:18 39:25 50:20 50:20,20,20,21,21 50:21 65:18 88:12 119:16 agree 25:11 33:22 34:21 41:12 53:24 111:9 115:8 agreed 34:22 35:4 36:8 38:2 87:19 118:12 agreeing 87:14 agreement 15:9 18:21,22 19:10 25:13,14 34:19,19 34:20 45:17 ahead 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8:3 associates 16:19 Association 46:22 assume 21:9 assumed 92:10 assuming 42:12 89:9 assure 7:12 astounding 49:23 attached 4:2 42:23 attack 118:21 attempt 6:13,15 44:2 attempted 7:8 28:14 29:4 49:3 attempting 15:12 15:16 attention 6:22 7:2 50:4 ATTERBURY 2:16 attorney 12:24 40:10 42:24 48:7 58:14 119:10 121:8.9 attorney's 77:24 attorney-client 14:9 15:19 attorney/client 9:14 16:4 40:9 43:2,4 44:15 67:10,12,20 attorneys 28:5 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793865 123 47:23 51:16 57:22 58:6,9,10 69:8 70:19 78:7,11 79:10 108:20 110:23 attorneys' 14:15 18:24 Australian 2:16 authoring 23:19 26:14 authority 79:5 80:18,21 authorized 121:6 Ave 2:16 average 85:5,10 avoid 118:25 award 11:941:9 88:8 aware 29:14 71:25 95:20 98:4 B B 38:23,25 back 3:3 9:17 13:23 14:21 19:428:24 38:5 59:14 76:5 80:15 100:10 111:2 116:25 117:15 background 3:24 backup 63:5 had 49:17 hag 66:8 78:4 Bailiff 17:4 balance 112:18,21 balanced 52:11 balancing 100:9 bankruptcy 7:18 8:7,21 11:1 13:8 13:15 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59:3 61:17 candor 26:22 canvass 69:19,20,20 capable 90:8 capacity 8:4 61:4 cards 33:24 34:1 care 75:14 careful 68:3 Carney 9:7,15,19 9:20,24 13:2,9,15 43:18 44:20 45:4 45:14 57:19 carrying 47:2 96:3 carte 80:20 case 1:3 7:13 13:10 13:12,13,20 16:1 16:14,22 17:14 21:5 23:23 25:17 26:24 27:2 34:4,6 40:5,7,8 48:2,20 48:25 49:2,8 50:1 50:1,12 53:7 54:16 55:2,6 57:22 59:1 63:6 71:24 72:1 75:21 79:8 83:22 85:24 86:6,18,21,22,24 87:4,10,22 89:3,4 95:6,15,16 96:13 98:6,9,9 99:3,12 99:16 101:25 109:5,17,24 111:2 111:2 113:1 116:17 117:8 cases 9:11 40:4 47:22 48:11 86:3 86:4,9,9,11 88:4,6 95:10 98:3,4 110:17,18 Cassell 2:13 20:9 21:21 22:13,17,17 22:23,24 23:3 42:25 63:24 65:4 65:5,6,16 67:25 69:7,25 70:3,14 71:874:11,15 75:5 76:23,25 78:2 79:1,19,24 80:2 cat 66:8 78:3 catchall 4:17 33:13 categories 12:12 111:24 category 32:24 cause 1:20 23:25 86:14 89:9 92:9 114:10 caused 85:13 92:16 93:10 causes 21:4 caution 75:21 78:6 CD 31:7 certain 13:25 21:2 30:1 31:23 91:2 certainly 29:18 49:5 52:16 60:23 71:8 72:4 77:17 93:14 93:25 102:16 105:2 107:25 110:16 113:7 certification 63:7 121:11 certify 121:5,8 certifying 121:13 cetera 104:5,14 107:3,12 chain 24:14 30:24 challenge 114:10 challenged 17:23 85:21 challenges 109:3 chance 116:24 change 84:20 103:12 106:10 changed 103:11 106:9 character 19:22 24:4 92:14 checked 75:4 cherish 49:23 Chief 115:2 child 116:13 Chinaris 25:23 26:5 27:4 choice 53:8 choose 116:23 chooses 94:5 circuit 1:1,2 13:19 28:7 44:21,23 46:20 49:10 115:3 117:9 circuited 13:14 circulation 88:15 circumstances 4:20 13:8 66:23 70:21 79:6 93:18 94:20 96:5,12 97:9,22 109:5 111:13 cite 86:11 cited 88:4,6 90:21 90:23 citied 86:2,9 City 2:13 civi19:4 49:10 92:15 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793866 124 92:15 95:11,14,16 96:20 97:1 98:3 98:25 99:25 100:5 102:17 103:20 104:4,13 106:18 107:2,11 119:21 claim 95:24 97:6 claimed 76:18 claiming 114:17 claims 14:12 57:23 96:2.4 clarification 23:7 95:6 98:1 clarify 32:19 104:16 107:14 class 50:2 clear 4:11,17 6:9 16:7 22:19 29:22 31:1 35:7,7,10,11 35:12,13 38:20 41:15,17 45:21 56:25 61:15 64:22 65:17 66:16 67:14 67:15,17,18 68:21 71:23 73:21 74:12 78:15 83:24 85:24 86:4,11 90:4 clearest 86:18 clearly 7:18 15:21 18:14 19:14 40:12 91:10 104:9 107:7 clerk 33:1,2,4 62:21 75:9 clerk's 33:9 client 11:10 40:11 41:11 42:24 60:24 64:8,17,18 81:9 86:9 client's 15:19 clients 15:22 20:10 66:10 67:24 68:5 68:21 71:16,17 73:15 close 28:22 110:7,12 117:10 closely-related 3:20 5:12 closest 97:20,2 ( co-counsel 78:22 coach 57:6,6 cold 39:4 colleague 25:22 colleagues 53:1 I collected 117:14 colloquy 115:4 come 9:21 18:11,12 28:21 30:1034:3 51:18 54:7 88:15 89:25 104:17 107:15 110:3 113:18 114:1 115:13 116:25 118:21 comes 34:7 47:21 48:13 85:19 110:23 comfortable 82:16 103:8,9 106:6,7 118:7 coming 54:9 76:4 83:21 commence 47:3 commencement 50:7.9 commend 119:6 comment 60:6 64:4 76:7 96:24 Commission 121:18 121:18 commit 57:25 commitment 46:23 committed 28:9 46:19 common 18:23 86:12,15 90:10 communicate 48:16 communicated 13:9 communication 7:15 35:18 39:5 43:4 communications 14:3,4,20 38:8 42:23 43:2 44:15 44:25 52:10 69:13 compact 36:12 Company 48:4 compare 4:5 compassionate 30:14 compelled 99:18 competent 110:19 110:22 complaining 34:14 34:15 complete 63:20 completely 57:1 complex 90:7 complexity 89:19 compliance 14:7 34:24 complicated 37:14 38:9 compound 52:20 computer 11:8 41:8 conceded 12:5 concentration 82:13 concept 60:11 concern 17:19,20 20:10 59:25 69:8 99:8 103:15,16,18 106:13,14,16 112:7 113:23 concerned 16:3 63:17 75:2 78:11 102:25 109:19 111.25 112:2 concerning 30:20 61:23 118:14 concerns 63:24 66:12 71:7 78:7 96:11 conclude 44:11 concluded 120:4 concludes 73:11 conclusion 21:4 conduct 15:13,14 27:18 28:4 64:23 89:6 91:6 110:3 111:6 conducting 108:24 conduit 44:2 confer 59:6 conference 40:6 77:13 119:19 confidences 20:12 confidential 20:4,7 confidentiality 19:3 45:17 79:12 confining 71:3 confirm 15:15 18:21 confiscated 51:10 conformity 95:4 conforms 95:6 confronted 95:13 96:11 confuse 77:6 confused 42:16 57:5 confusing 36:3 99:23 confusion 90:2,3 91:20 92:6 conjunction 4:25 33:11 connect 99:15 connected 121:9 connection 4:22 Conrad 15:1,3,9,10 18:18.20 19:2,11 consequence 12:23 conservative 88:21 consider 15:17 106:1 consideration 54:19 55:18 62:7 92:22 103:23 105:6,13 106:21 108:4,11 considerations 52:10 88:9 considered 30:16 consistent 86:16 constitute 29:20 Constitution 99:18 constructive 31:24 58:8 constructively 32:14 41:2 construed 31:24 consuming 109:17 consumption 68:16 87:17 contacted 19:4 contain 9:14 15:21 contained 10:21 11.3 12:4 24:15 31:6 39:12 43:11 containing 5:4 42:7 75:16 contains 12:21,23 75:3 contemplated 79:14 contemplation 101:24 contend 6:23 18:17 contended 6:24 content 56:17 94:24 110:8 contents 9:11 22:25 23:5 63:22 64:15 72:8 110:12 context 7:25 29:6 52:2091:1592:1 95:14,24 96:20 97:1,2,11 98:4 102:17 continue 28:3 continued 32:12 continuum 58:7 control 8:21,22 11:23 48:8 54:15 121:12 converted 72:16 copied 10:22 copiers 11:5 copies 11:2,4,7 12:17 41:7 43:10 43:12,13 59:24 62:4 63:8 64:15 66:22 72:13 74:2 116:22 117:15 copy 10:20 19:8 21:18,22,23 23:10 37:18 38:12,14 39:8,11 51:12 112:19 116:23 119:15 Coquina 95:7 98:6 core 94:1 correct 5:10 8:5 15:1 21:18 37:1 59:18 62:23 69:25 90:17 98:16 101:17 114:3 121:7 correctly 8:7 41:23 correspondence 35:18 correspondingly 47:19 cost 119:1 costs 40:22 51:12 77:25 counsel 7:1 1 9:2 12:6,20 17:24 20:17 21:17 28:15 29:14 37:24 47:22 48:15,21 49:21 51:7 59:6 61:5 62:3 63:4 64:18 65:20 69:14 74:18 75:22 78:12 81:12 84:9 92:21 98:11 103:24 106:22 111:7 121:9,9 counsel's 27:18 29:12 49:7 111:4 count 77:11,11 countenanced 51:21 52:24 53:3 counter-plaintiff 100:13,17,19 country 88:14 County 1:244:22 88:14 121:3 couple 32:19 101:21 course 3:13,21 27:7 53:25 66:6 67:5 68:7,8 71:9 79:1 86:25 87:1 89:10 102:20 court 1:1 3:3,6,10 3:19 4:24 5:8,16 5:24 6:3 7:19,24 8:6,7,11.21 10:2,4 11:8,13.17.21 12:8,13,15 13:2,9 13:15,19,2014:24 17:3,7,12 18:5 19:10,17,19 20:14 20:16 21:5,15,16 21:22 22:3,11,15 22:16,22 23:1,6 23:12,17,21 24:10 24:17 25:7,18,25 26:6,8,11,25 27:23 28:1,19,23 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793867 125 30:7 31:4,8,13 32:4 33:2,4,5,6,7 33:10,10,11,23 34:12,15,20 35:2 35:9,23 36:11,19 36:23 37:2,4,6,11 39:14,22 40:2,12 40:16,19 41:6,9 41:13,14,20,22 42:1,17 43:5,9 44:1,7,9,19,21 46:14,17,21 47:6 47:13,16,18 48:3 48:7,12 50:12,23 51:18 52:2 53:14 53:16,18,22 54:7 54:9,13 55:8,18 55:24 56:6,22 57:18,21 58:2 59:9,13,21,24 60:2,20 61:6,8,22 62:5,6,10,14,16 62:18,20,21,24 63:2,4,10,12 64:1 64:2,3,13 65:3,12 66:1,5,7,17 67:2 67:22 69:4,23 70:1,4,20,23 71:2 72:14,18,24 73:16 73:19,24,25 74:14 74:19,22,22,24 75:1,1,3,12 76:8 76:10,13,23 77:4 77:4,12 78:5,14 78:18,21 79:2,4 79:22,25 80:7,12 80:17 81:5,7,19 82:5,10,12,18,22 83:4,7,15,19,22 83:23 84:1 85:15 86:4 87:3,11 89:4 90:11,1491:11 92:3,12 93:13,22 94:11,1895:2 96:8,18,23 97:13 97:25 98:8,9,9,10 98:17 99:9 100:2 100:8,24 101:18 101:21 102:7,9,15 102:25 103:18,23 104:21 105:2,16 105:23 106:1,16 106:21 107:19,25 108:15 109:6,9,12 109:16,21 110:2 110:10,14 111:17 111:25 112:8,22 113:7,16,25 114:4 114:7,14,18,25 115:3,18,25 116:5 116:22 117:3,17 118:3 119:17,25 court's 11:25 14:7 23:1 29:18 35:4 41:4 47:7 52:19 54:13 62:1 68:17 71:5 75:15 77:7 94:2,6 95:4 102:23 105:13 108:11 courtroom 21:2 49:11,15 54:5 116:15 119:9 120:1 courts 48:18 53:6 88:7 Courts' 34:25 covering 6:20 create 10:25 creates 89:6 crime 16:1 86:25 99:21 crimes 88:1,2 criminal 88:25 91:6 92:9,12,12 98:24 99:12,16,19,24 100:5 102:1 103:20 104:1,3,12 106:18,24 107:1 107:10 116:14 critical 32:10 49:3,6 49:25 61:1 88:9 cross-examination 94:1 cross-examine 27:19,25 Crow 9:5 13:7,18,22 14:10 25:9 46:9 56:11 100:10,17 101:2 Crow's 101:18,23 crucial51:7 current 70:10 81:12 currently 72:3 custody 24:14 30:24 81:15 cut 117:12 cutoff 82:9 D D3:1 damage 66:9 84:6 85:13 86:2,8 100:14 damages 83:25 84:5 84:6,23 85:11,23 85:23,25 86:5,20 87:24 89:7,13 91:4,10,12,16 92:7,8,10,15 93:3 93:10 94:2,3 data 8:23 85:5 date 1:144:14,15 dates 19:21 Daubert 90:12,16 92:17 93:21 DAVID 2:9 day 20:2 49:24 52:13 56:14,24 57:13 58:6 65:7 77:12 108:21 112:18,21 115:15 116:7,25 117:16 121:14 days 17:13 20:22 21:6 23:17 24:3 27:8 29:17 48:22 50:6,8 54:20 77:10 deal 3:19 7:443:21 49:19 57:23 58:2 80:4 82:15 98:3 111:17 dealing 5:1,12 20:18 21:25 31:18 93:18 108:19 109:20 110:18 deals 111:19 dealt 31:16 33:21 61:12 93:25 102:14 114:8 decade 26:14 December 4:3,6,11 4:13,14 12:6,7,13 12:14 83:22 decide 13:11 39:3 101:9 decided 3:8 decision 51:11 53:25 decision-making 49:10 decisions 30:19 80:22 declined 25:1 deemed 102:8,20 defamation 83:24 84:3 87:4,9 90:21 90:22 91:9 defamation-type 83:25 defamatory 84:8,9 84:10.12 92:21 defendant 3:23 59:19,23 89:6 95:13 Defendant/Count... 2:6 defendants 14:22 Defendants/Coun... 1:9 defense 20:17 defense's 112:6 deference 60:23 deferred 100:21 definition 90:25 degree 88:5,9 90:9 91:17 114:7 delay 16:21,24 17:1 delays 17:9 delivered 26:10 36:21 74:18 80:9 delivering 10:14 delve 70:7 77:14 demand 24:9,11 demanded 24:19,19 demographic 115:23 116:10 demonstrate 94:4 denied 92:2 94:8 119:14 Denney 2:6 57:3 deny 93:22 depend 111:7 dependent 29:8 depositions 76:11 derivatively 68:23 derived 76:15 derogation 54:12,17 described 5:8 55:10 86:13 describes 67:3 describing 91:2 despite 50:9,16 destroy 23:16 24:9 24:20 26:2 60:1 74:2 destruction 53:2 detail 18:21 76:20 102:7 details 8:16 40:18 determination 5:22 9:8,16 10:9 32:1 56:20 85:19 determinations 111:5 determinative 52:19 determine 13:3,13 13:18 25:3,10 33:17 46:14 57:24 85:11 100:14,24 101:3,7 determined 11:6 40:24 41:6 67:6 determining 87:23 detrimental 52:3 developed 86:14 developing 30:3 dialogue 113:4 dictates 42:15 47:18 difference 17:10 84:20 93:1 different 12:11 22:23 28:12,13 31:17 51:3 54:25 55:24 57:2 69:16 87:12 99:8 difficult 53:24,24 94:3 Dippolito 109:17 dire 109:1 110:3,19 113:15,17 115:3 117:1 direct 15:7 70:19 79:2 95:3 121:12 directed 66:20 79:19 directing 72:7 direction 11:25 13:25 29:1 62:3 70:13 121:12 directions 90:5 directly 48:3 66:3 68:23 119:7 director 25:22 26:13 dires 114:13 disadvantage 110:15 disagree 25:6 disclose 24:1 1 26:22 56:19 69:12 disclosed 4:12,16 6:11 31:2 52:16 82:8 disclosure 14:22 19:22,23 20:19 22:20,23,24 58:4 disclosures 6:17 disconnect 31:8 43:16 discovered 54:24 discovery 95:24 96:2,4 100:15,24 discretion 91:13,22 discuss 109:7 discussed 20:22 30:18 discussion 17:6 28:8 29:11 54:25 82:6 86:18 disfavored 67:13 disk 11:3 12:4,8,11 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793868 126 12:18,19 16:12,15 16:21,25 17:1 24:16 32:21 35:16 37:7 38:1,20,22 39:7,12,14 40:15 42:7,13,18,19 43:11,1744:12,13 45:5,7,9,13,19,25 46:6,6,7 66:18 75:16 76:10 80:10 80:10,12 disks 10:21 36:13 37:9,12 38:9,11 38:15 39:18 74:1 dismiss 116:7 dismissal 14:11 displayed 21:12 &space 5:23 disposed 81:18 dispute 66:23 disqualification 114:19.23 disruption 55:10 disruptive 52:24,25 disseminated 63:17 63:22.23 dissemination 78:9 79:13 87:9,11,21 89:20 90:9 92:25 dissolve 28:8 distributed 18:8 71:15 79:21 distribution 78:3 District 29:1 46:21 48:3 98:8 disturbed 25:20 disturbing 24:23 divided 12:11 divined 28:14 division 47:2 divulged 40:13 Dixie 1:15 doctor 40:1I document 19:3 21:17 73:7,8 74:16 documentation 31:20.21 52:17,18 documents 5:4 6:11 6:14,16,20,23,24 6:25 7:1,2,12,14 7:15,16 8:8 10:15 10:21,23 11:3,4,8 11:14,23 12:10,21 14:1,14,15,17 17:21 18:1,4,19 19:5,20 21:11,14 22:21,25 25:4 27:5,12,21,23 28:17 29:14 32:12 36:12,25 37:17 38:1,3,4,12 39:2 39:11,16 40:20,21 40:23 41:8 43:7 43:10,12,21,24 44:2 45:18,25 46:7,7 50:8 51:4 51:18,25 54:6 55:4 56:6 58:12 58:22,25 59:24 62:5,18,21 63:16 63:20,21,22 64:7 64:15,16 65:19,21 65:24 66:22,25 67:3,4 68:6 72:13 72:22,23 73:12.21 74:9,13,20 75:16 75:25 77:2 78:19 78:23 79:14,21 81:2 DODGE 2:12 Doe 2:11 22:18 65:9 65:20 74:14 doing 13:11 29:23 35:1 44:6 53:11 88:11 117:19 118:8,9,20 119:21 domicile 116:11 Donald 1:16 door 76:5 double 75:4 doubt 12:21 66:16 78:16 80:11 Dr 81:21,25 83:3,19 85:1 88:19 90:4 91:3 94:7 drastic 93:16 drawing 95:16 104:2,11,22,24 106:25 107:9,20 107:22 dri11113:10 drinking 43:23 drive 57:9 due 73:7,7 duty I 1:24 26:22 E E3:1,1 121.1,1 e-mail 8:24 9:12 21:20,20 23:19 24:6,25 70:7 e•mails 9:1,6,10,13 9:19 10:7,12 12:24 15:4,20 21:9,24 23:16 24:7,8,18 25:7,21 27:1 29:15 36:7 36:25 37:8,10 51:10 56:15,18 66:2 69:20 71:21 E.W 2:11 earlier 5:9 28:3 29:4 30:18 33:12 60:21 66:21 76:21 77:16 119:14 easier 81:15 Easiest 118:1 easily 22:12 64:6 economic 84:23 93:3 97:9 Edward 10:11 Edwards 1:8 7:23 9:25 10:1 II:10 11:15 14:1221:20 23:19,23 25:18,19 26:20 34:12 36:6 36:10,15,22,23 37:10,1241:10 46:3 52:3 56:18 57:3 69:1,2,10 83:23 84:7,15,21 85:13,18 88:25 89:15 92:22 93:2 97:6 100:18 112:8 118:17 Edwards' 3:11,15 5:5 100:13,19 effect 87:18,19 effectively 93:25 effort 19:24 efforts 95:24 eight 6:24 57:14 either 31:22 32:13 68:23 113:5 115:11 119:7 Elaine 1:23 121:5 121.17 electronic 8:23 element 86:1,5 elements 97:5 eliminate 104:22 107:20 ELMO 42:4 66:20 embark 68:13 emphasize 55:1 57:9 68:16 111:3 employee 8:13 121.9 employees 70:10 encompassed 37:2 encouraged 46:20 endeavor 47:6,7 77:25 82:23 ends 38:21 59:16 enforced 78:16 engage 58:21 engaged 44:24 engages 89:6 English 90:23 ensue 66:9 ensure 48:6 entered 21:10 100:12 entering 81:12 enters 10:16 entire 9:11 118:22 entirely 54:25 91:24 entities 71:4,4 77:1 entitled 60:5 63:15 entitlement 94:19 94:23 entity 65:21 66:15 entrust 82:22 envision 114:12 envisioned 113:2 envisioning 115:18 115:19 Epstein 1:5 2:15 3:23 4:1 8:2 9:2 11:7 12:20 16:5,6 23:22 28:16 37:22 40:25 41:1,7 42:2 45:7 48:21 49:6 52:5 55:5,15 57:22 60:24 61:4 61:6,10,24 62:8 64:12,13,14 65:21 65:22 66:13,14,24 68:4 69:6,14 70:19 71:19 72:3 72:8,10 75:24 77:1 78:8,21 79:11 80:18,19 81.9,13 93:5 94:21 95:21,25 98:11,14 99:17 101:15 102:8 111:22 112:5 113:3 118:17 Epstein's 3:13 5:2 12:5,20 25:16 37:24 41:3 51:1,7 51:16 52:13 57:12 58:6,7 69:7 81:20 96:25 102:1 equation 116:16 equivocation 105:17 erroneous 102:21 error 75:21 102:19 escalate 24:18 escalating 24:8 27:7 escapes 51:20 especially 48:11 86:16 93:18 ESQUIRE 2:4,5,8,9 2.9,13,17 essence 50:3 66:12 78:4 essentially 20:23 42:14 50:5 75:14 80:19 87:13 89:8 110:21 established 19:20 24:14 30:24 56:1 et 104:5,14 107:3,12 ethical 18:2 21:13 27:17 28:8,10 29:12 ethically 27:11 ethics 25:21 26:13 26:15 27:20 evaluate 116:8 evaluated 58:22 88:7 evaluation 58:21 evening 119:11 events 43:22 eventually 5:1 everybody 3:4 113:15 114:16,16 evidence 3:13,17 21:3,4 23:14,17 24:9,20 26:2 30:2144:3 50:25 95:14 99:2,19 evidentiary 27:16 eviscerate 25:16 EW 22:18 65:8,20 74:13 ex 24:15 44:24 exacerbate 70:6 exact 4:14 105:1 107:24 exactly 12:2 85:6 91:18 95:19 examine 62:17 70:20 example 33:17 68:25 69:9 70:3 84:14 excellent 48:15 108:18 115:4 exceptionally 110:19 excessiveness 88:8 exclude 29:4 89:25 excluded 76:12 excluding 90:2 excuse 4:8 12:6 14:23 17:3 21:8 27:15 35:23 excused 111:21 112:17,21 113:22 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793869 127 execute 65:15 68:15 exercise 99:22 exercising 13:18 48:8 exhibit 3:23 4:1,2,5 4:6,8 6:10 32:22 32:23 33:9,14,15 62:15 exhibits 3:224:8,9 4:12,15,19 5:3,3 5:15,19,23,24 20:20 29:16 32:20 32:25 33:16,22 34:13,21,23 46:3 53:20,21 55:19 58:4 59:20 68:22 76:9 79:16 82:8 82:11,19 existed 18:17 exists 27:24 97:24 exonerated 42:9 expected 60:23 expedition 70:5,16 70:17 expense 11:14 expensive 71:25 experience 49:11,12 49:16 52:21 experienced 30:2 110:23 expert 27:20,25 84:4 85:11,20 87:7 91:18 93:19 experts 90:7 Expires 121:18 explain 34:17 61:7 90:6 118:8 explained 76:20 88:21 explicitly 41:2 exposed 88:13 exposure 63:19 88:5 88:10,16 91:17 express 18:24,25 111.22 expressed 5925 expressly 19:16 32:13 extends 41:3 extent 20:3 24:4 30:14 62:16 70:11 extermination 54:16 extra 21:22,23 extraordinarily 119:2 extreme 91:25 93:17 extremely 54:18 eyes 14:15 18:24 78:22 F F 121:1 face 44:3 facing 26:16 fact 3:21 24:2,24.25 29:7 31:9 32:7 42:10 51:6,15 57:12 60:24 61:23 62:9 68:12 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filled 117:12 filling 115:16 fills 113:13 finally 16:22 financially 121.10 find 39:5 77:5 97:15 97:17 102:10,12 118:13 finding 59:2 61:15 finds 62:16 fine 23:12 63:10 64:3 83:15 113:7 114:6 117:6,17 finest 72:2 finishing 82:2 fire 49:13 84:22 firm 7:22 8:3,20,21 9:3,25 10:20 12:1 15:2,3 36:6,15,20 37:15,16 51:9 57:3 60:9,16 61:18 63:7 64:7 64:17 66:18,19,20 66:24 68:8,9,9 69:17,17,19,24 70:9 81:10 93:3 firm's 8:13,22,23 firms 69:16 72:2 first 4:4 5:13 6:13 6:14 7:5 10:18 17:15 20:21 21:6 25:4,5,12 26:3 29:17 32:20 34:1 50:9,11 53:15 57:11 68:1971:9 83:1 85:20 98:21 101:5,7 103:8,10 106:6,8 114:1,9 fishing 70:4,15 Fistos 10:1 five 23:21 50:21 51:18 86:3 FL 1:24 2:4,8,17 flavor 51:24 Florida 1:2,16 25:22 26:14,17,23 67:11 72:2 86:3,3 86:11,17 91:11 97:14 98:4,6,9 121:3,5,17 focus 28:10,11 29:20 30:19 32:5 116:25 focused 6:23 focusing 29:10 folder 45:13,15 follow 11:24 101:18 followed 33:20 following 1:21 8:19 113:14 115:17 116:25 follows 5:18 foregoing 121:11 foreign 86:15 foremost 34:1 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86:24 87:25 lawyers 12:2 15:8 15:10 17:11 20:8 26:15 35:20 51:1 52:13 55:15 57:13 65:22 110:19 lead 111:7 learn 49:18 learned 13:7 43:25 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793872 130 leap e 73:9 76:23 81:8 110:22 115:15 118:15 leaves 113:13 led 5:8 14:24 left 3:10 legal 26:15 41:3 61:11 64:1893:15 legitimate 16:2 Lehrman 10:1 length 40:6 62:12 lengthy 48:11 let's 29:20 30:17,17 35:6 38:10 59:9 66:16 68:3 74:8 88:13 116:1 letter 39:5 78:16 letters 18:20 letting 105:3 108:1 level 49:16 liability 95:12 lieu 21:15 lifted 14:16,19 light 61.8,9 62:9 70:2 limine 3:12,16 29:5 limit 112:5 limited 79:7 line 115:10 Link 2:3,5 16:19 22:1,6 24:6 26:9 27:6,10,14 30:6 32:16,18 33:3,6.9 34:9,17 35:3,11 35:25 36:21 37:1 37:5 38:19 39:17 39:22 40:14 41:5 41:12.21.2442:16 43:6.8.15 44:5,8 44:11 45:1 47:5 47:10,14,17 51:15 52:1 53:13,15,19 55:21 56:3,22 57:15,19 58:1 59:5 61:16,17 63:9,10 64:4,5,17 66:1,4 68:7 72:17 73:17,18,20 74:23 74:25 75:3 76:7,8 76:22 78:20 79:22 80:5,8,24 81:14 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review 7:22 10:15 16:20 23:1,2 36:25 37:18 39:1 39:21 50:7 66:5 72:21,22 82:13 103:3 reviewed 6:22 17:18 60:14 103:2 reviewing 17:15 27:5 50:11 Reynolds 48:4 right 10:2,6 15:25 20:19 21:15 23:6 26:10 34:23 59:13 64:24 65:1 66:23 67:7 73:16 75:12 76:13 78:5 80:3 82:5,25 83:4 85:15 87:3 92:3 94:22 96:13 98:11 99:11,23 102:16 105:2 107:25 112:22 117:3 118:11 119:5 rightly 51:5 rights 16:1 62:8,9 RJ 48:4 Rockenbach 2:3,4 20:24 21:1,19 22:1023:9,13 25:19 26:1,13 27:10,14 28:18 30:22 31:5,12 32:3,15 48:24 58:15 59:3 61:16 61:1863:1,11 80:20 119:12 Ron 57:4 room 1:15 117:14 118:2 Rosenfeldt 8:20 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793876 134 9:12 Rothstein 1:8 8:13 8:19 9:12 36:20 51:9 57:4,7 84:15 95:7 1 I 1:23 112:1 112:3 113:3,9 118:18 round 116:1 routine 71:24 72:1 rudimentary 40:10 rule 26:23 82:10 102:3 111:5 ruled 14:10,11 59:17 64:1073:25 76:18,19 105:23 rules 26:16,18 60:4 ruling 56:2 58:18 58:19 62:1 77:4 82:17 94:2 105:9 108:7 rulings 13:16 103:1 rushed 67:22 S S 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40:14 41.5,24 42:16 47:5 52:1 56:3 59:22 62:23 73:18 74:25 97:12 103:22 104:25 106:20 107:23 109:15 113:11 114:24 116:4 sit 43:16 sits 16:15 sitting 57:7,13 situation 1 1:19 situations 90:7 six 23:21 24:22 50:19,21 66:21 68:14 88:23,24 89:14 Sixth 72:15 size 60:17 skin 30:3 sole 84:7 solely 95:12 solve 64:5 somebody 31:10,13 50:10 51:10 60:4 92:11 someplace 18:12 somewhat 79:7 sorry 21:8 22:24 36:1 69:7 90:13 94:15 100:18 sort 71:22 73:5 sought 75:17 76:15 77:20 87:6 91:25 sounds 93:6 source 18:14,15 19:12,13 27:23 28:16 42:8 76:2 South 2:16 speak 20:17 48:12 48:20,23 49:17,21 64:2 96:14 98:19 102:6 117:21 speaking 27:6 48:17 53:17 81:9 87:20 93:14 specia19:8,I5 10:23 13:2 25:1,2 37:22 38:17,21,23 39:1 39:6 43:18 44:14 45:4 47:11 50:7 specific 4:18 6:25 32:25 33:3,23 100:22,22 specifically 4:15 5:24 7:8,23 14:1 14:14 33:15,21 72:11 89:21 speculative 102:5 spent 49:5 spoke 79:16 92:23 spoken 48:18 spoliation 97:18,19 sporting 43:22 spouse's 116:12 spouting 118:23 staff 119:10 stamp 7:21 21:18 21:19 39:8 45:7 stamped 10:14,23 37:17.18 39:18 45:18 stamping 10:13 stamps 38:1 45:17 Palm Beach Reporting Service, Inc. 561-471-2995 EFTA00793877 135 stand 64:10 84:5 92:19 93:1195:10 98:12 105:4,24 108:2 standard 4:21 26:21 89:17 91:22 92:8 97:14,20,21 97:24 116:9 standards 92:7 standing 30:5 80:24 standpoint 87:4 stands 40:7 start 38:9 54:18 81:18 83:14 started 6:16 24:8 37:5 45:10 starting 6:6 17:2 state 13:1993:15 121.3,5,17 stated 40:12 58:20 62:12,24 100:17 102:23 121:6 statement 51:14 78:15 84:12 98:15 99:4 101:17 103:19 105:1 106:17 107:24 statements 26:25 84:8,9,11 91:5 States 95:4 99:18 stating 60:1 status 100:14 115:23 116:12 stay 119:14 staying 53:25 steering 110:22 stenotype 121:7 steps 61:12 sticker 45:5,9 stickers 45:6 still-pending 15:23 stip 34:18.22,24 stipulated 63:2 stipulation 4:3 111:4 stipulations 110:24 stolen 7:11,13,15 25:3 26:4 67:2 stop 7:24 112:22 story 88:24 street 89:14 stricken 82:11 strike 5:2,3 81:21 82:8 83:3,18 91:24 93:16 string 58:9 stronger 23:24 struggled 83:21 studied 32:16 stuff 57:7 subject 11:7 20:1.2 41:8 58:17 76:3 79:11 82:20 105:15 113:15 114:22 116:3 submissions 3:19 submit 92:1 subpoena 9:3,6 13:9 13:19.20 substance 22:25 substantial 19:24 substantially 93:4 substantive 5:22 7:7 119:18 substitute 104:23 105:21 107:21 success 115:5 successor 49:7 sued 23:22 93:5 suffered 84:7 86:8 sufficient 79:4 111:11 suggest 71:6 82:1 95:3 103:12,23 104:10 106:10,21 107:8 suggested 62:13 suggesting 6:12 36:24 41:14,22 44:19 45:19 62:20 71:9 90:12 suggestion 5:16 7:4 80:5 85:22 91:8 91:19 110:1 111:16 suit 50:2 Suite 1:24 2:3,12,16 suited 28:11 suits 116:14 summaries 66:2 72:23 summon 119:2 superb 108:16 supervisionary 54:15 Supplement 3:11 supplemental 3:16 5:3 73:9 77:23 Support 3:15 supposed 40:3 42:4 42:6 Supreme 40:12 86:3 89:4 91:11 95:4 96:18 sure 3:6 4:14,19 21:17 35:9 40:4 42:17 53:14 59:7 67:23 70:1 73:5 73:20 74:11 80:7 80:11,25 81:19 104:19 107:17 109:11 110:2 surprise 23:18,18 23:22 29:2,4,7 surprised 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561-471-2995 EFTA00793879 137 50:10,18 51:6,13 56:23 57:12 58:5 60:8,24,25 61:24 66:19,19,25 68:9 69:17,24 70:9,20 70:25 71:3 73:22 76:1,15 79:2,23 79:24 80:14 81:4 90:24 117:23 White's 11:5 19:15 35:16 42:13 43:13 58:12,25 wholesale 58:4 wide 9:10 Williams 1:23 121:5 121:17 willing 1 1 1:10 willingness 82:22 winds 16:13 winning 83:16 wiped 74:15 wish 119:11 withdrawing 16:13 withdrawn 79:7 withheld 19:23 witness 20:6 63:18 64:9 89:21 91:24 93:16 121:14 witnesses 69:2 wondering 76:12 word 21:7 26:4 28:25 67:17 104:23 107:21 wording 103:7 106:5 words 24:22 53:8 work 9:14 12:24 13:11,14 14:9 15:24 16:3 44:16 44:23 49:4,19,20 49:23 worked 117:16 working 9:25 19:25 world 30:9 Worley 40:5 worried 69:12 worst 30:10 wouldn't 55:13 76:5 108:21 writing 56:18 93:13 written 18:21 93:24 108:17 wrongful 89:6 wrongfully 27:13 wrongly 51:6 X Y Yeah 64:5 year 50:20 years 6:24 16:15 26:4 39:25 49:1 50:20,20,21,21,21 52:20 57:14 65:18 66:21 78:12 88:12 young 87:25 0 0 94:10 03/27/21 121:18 04408 21:20 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