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Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380,08-80381,08-80994, 08-80993, 08-80811,08-80893,09-80469, 09-80591,09-80656,09-80802,09-81092. VIDEOTAPED DEPOSITION OF JEFFREY EDWARD EPSTEIN VOLUME (Pages 1 - 189) Monday, March 8, 2010 301 Clematis Street Suite 3000 West Palm Beach, Florida 33401 10:05 III. - 6:17 III. Reported By: Vicki L. Lima, Court Reporter Notary Public, State of Florida Universal Legal Re orting Phone - Job #92076-A UNIVERSAL COURT REPORTING MI) EFTA01076650 Page 2 Page 4 1 2 APPEARANCES.. 4 On Wolf of die PhootIffs. heti Doe 2 through 8: ADAM MORONS= ESQUIRE 5 JESSICA D. ARBOUR. ESQUIRE a MERMELSTEN & HOROWITZ IM 6 18205 Dian Boulewd Seam 2218 7 Mimi, Flalda 33160 8 On behalf of de Plamtifts, Jane Doc BRAD EDWARDS. ESQUIRE 9 FANNER. JAFFE, MISSING. EDWARDS. P15105 & LEHRMAN.. 10 425 Noah Andrews Avenue Suite 2 11 Fort Lauderdale. Florida 33301 12 On lx&Hofelio Phis011. Jane Deo 103: KATHERINE W. EZELL, ESQUIRE 13 PODHURST ORSECK City &sliced Bak Baling 14 25 Wo41 Them &ma Suite $00 IS Mimi. Florida 33130 16 On behalf of the Defendam and Wieneem MICHAEL I PIKE. ESQUIRE 17 BURMAN. CROTON, LUTHER & COLEMAN 303 Dawn Boiderard 18 SIliN 400 West Palm Beath Florida 33401 19 JACK & GOLDBERGER, ESQUIRE 20 ATTERBURY. GOLDBERGER & WEISS. One Cleadoke Cute 21 250 Australian Ammue Smith Suite 1400 22 West Palm Beath. Florida 33401 23 24 ALSO PRESENT: 25 Ake Ayala. VideograpSer 1 PROCEEDINGS 2 --- 3 Videotaped deposition taken before Vicki L. Lima, Court 4 Reporter, and Notary Public in and for the State of 5 Florida at Large, in the above cause. 6 7 THE VIDEOGRAPHER: We are now on the record. 8 This is the videotaped deposition of Jeffrey 9 Epstein, taken in the matter of Jane Doe Number 2 10 vs. Jeffrey Epstein, Case Number 08-CV-801 19. 11 We are here at 301 Clematis Street, Suite 3000, 12 West Palm Beach, Florida 33401. It is Monday, 13 Match 8th, 2010. The time is 10:05. The court 14 reporter is Vicki Lima. The videographer is Alex 15 Ayala. 16 Will counsel please introduce themselves? 17 MR. HOROWITZ: Sure. My name is Adam Horowitz 18 from Mermeistein & Horowitz, counsel for Plaintiffs 19 Jane Doe 2 through 8. And Just for record 20 purpOses, the deposition is taken -- being taken in 21 those cases as well. 22 MR. PIKE: Please introduce yourself. 23 MS. ARBOUR: Jessica Arbour, Mermelstein & 24 Horowitz. 25 MR. EDWARDS: Brad Edwards. 1 represent Jane 1 2 4 5 O VOLUME I (Pages 1 -189) EXAMINATION INDEX JEFFREY EDWARD EPSTEIN 7 DIRECT BY MR. HOROWITZ 5 8 9 10 11 12 13 14 15 16 NO EXHIBITS MARKED 17 18 19 20 2/ 22 23 24 25 • Page 3 Page 5 1 Doe. It's also been cross-noticed in that case as 2 well, but I think it's styled in the Jane Doe 2 3 case. 4 MS. EZELL: Katherine Ezell. I represent Jane 5 Doe 103. 6 MR. PIKE: Michael Pike on behalf of Jeffrey 7 Epstein. 8 THE VIDEOGRAPHER: Will the court reporter 9 please swear in the witness? 10 THE REPORTER: Raise your right hand, please. 11 12 THEREUPON: 13 JEFFREY EDWARD EPSTEIN 14 having been first duly sworn or affirmed, was examined 15 and testified as follows: 16 THE WITNESS: Yes, mat 17 DIRECT EXAMINATION 18 BY MR. HOROWITZ: 19 Q Please tell us your full name? 20 A Jeffrey Edward Epstein. 21 Q And is your date of birth January 20, 1953? 22 A Yes. 23 Q Okay. And I guess that makes you 57 years old 24 at the present time? 25 A Correct. UNIVERSAL COURT REPORTING 2 (Pages 2 to 5) ( ) EFTA01076651 Page 6 1 Q And you are, sir, a registered sex offender in 2 the State of Florida? 3 A Correct. 4 Q Okay. How long have you been a sex offender in 5 the State of Florida? 6 MR. PIKE: Foam 7 THE WITNESS: I registered on — in, I believe, 8 18, July of '08. 9 BY MR. HOROWITZ: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. Are you married? A No. Q Have you ever been married? A No. Q Are you engaged? A No. Q Have you ever been engaged? MR. PIKE: Form. THE WITNESS: On advice of counsel, I'm going to assert my Fifth Amendment Right as to that. BY MR. HOROWITZ: Q Are you suffering from any physical illness or injury today that would prevent you from sitting for a full day of deposition? A No. Q Your hearing is okay? Page 7 1 A %/hats that? Yes. 2 Q Okay. No back or neck pain at the present 3 time? 4 A No. 5 Q Do you have a girlfriend at the present time? 6 MR. PIKE: Form. 7 THE WITNESS: On advice of counsel, fm going 8 to assert my Fifth Amendment Right 9 BY MR HOROWITZ: 10 Q Do you have a driver's license in any state? 11 A Yes. 12 Q In what state? 13 A The United States Virgin Islands. 14 Q Okay. How long have you had a driver's license 15 in the Virgin Islands? 16 A I believe twelve years. 17 Q Okay. Have you ever had a driver's license in 18 the State of Florida? 19 A Yes, sir. 20 Q Okay. And during what years did you have a 21 driver's license in the State of Florida? 22 A I don't remember. 23 Q Okay. What address appears on your driver's 24 license in the Virgin Islands? 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 THE WITNESS: I don't remember. BY MR. HOROWITZ: Q Is it the address that you reside in? MR. PIKE: Form. THE WITNESS: On advice of counsel, I am going to assert my Fifth Amendment Right. BY MR. HOROWITZ: Q Okay. Did you review any documents in preparation for today's deposition? A No. Q Okay. Did you meet with your attorneys concerning this deposition at any time before it started? A At any time I've over the past couple of months, but not specifically with this deposition. Q Okay. I'm asking about — concerning this deposition? A No. Q Okay. In June of 2008, you pled guilty to two felonies; is that correct? A Correct. Q Okay. One of those felonies involved procuring a person under the age of 18 for prostitution, correct? A Yes. Q You pled guilty to that charge, correct? Page 9 1 A That's correct. 2 Q Okay. And you were represented by legal 3 counsel at the time of your plea? 4 A That's correct 5 Q Okay. In that particular charge the person 6 under the age of 18 who you allegedly procured for 7 prostitution, was a female, correct? 8 A On advice of cowisel, I am going to have to 9 assert my Fifth Amendment, Sixth Amendment and 10 Fourteenth Amendment Right. 11 Q In June of 2008, you also pled guilty to a 12 felony charge of solicitation of a prostitute, correct? 13 A No, solicitation of prostitution, correct. 14 Q Okay. And to make sure we're on the same page, 15 in June of 2008, you pled guilty to a felony of 16 solicitation of prostitution, correct? 17 A Yes. 18 Q Okay. And you were represented by counsel at 19 the time of that guilty plea as well? 20 A Yes, sir. 21 Q Okay. And you were sentenced in Palm Beach 22 County for both of those felonies, correct? 23 A That's correct 24 Q Okay. You actually served your time in Palm 25 Beach County? 3 (Pages 6 to 9) UNIVERSAL COURT REPORTING EFTA01076652 Page 10 1 A That's correct. 2 Q Okay. And at the time of your sentence, did 3 the Judge advise you as to what your sentence would be? 4 A I believe so. 5 Q You were there when the Judge entered the 6 sentence? 7 MR. PIKE: Font 8 THE WITNESS: Yes. 9 BY MR. HOROWITZ: 10 Q Okay. Your sentence included jail time; is 11 that right? 12 A That's correct. 13 Q Okay. And the sentence you received was twelve 14 months, followed by six months; is that correct? 15 A I believe so. 16 Q 1.1h-huh. And was it at — as part of that 17 sentence, that you were designated as a sex offender? 18 MR. PIKE: Fonn. 19 THE WITNESS: Asa result of that sentence. 20 BY MR. HOROWITZ: 21 Q You were designated as a sex offender? 22 A That's correct. 23 Q Okay. So that would have been that June/July 24 2008 time frame? 25 A I believe so. Page 11 1 Q Okay. Do you register your home address as 2 part of your sex offender designation? 3 MR. PIKE: Form. 4 THE WITNESS: I believe so. 5 BY MR- HOROWITZ: 6 Q Okay. What address do you provide as your home 7 address as part of your sex offender registration? 8 MR. PIKE: Form. 3 THE VMNESS: On advice of counsel, I will have 10 to assert my Fifth Amendment, Sixth Amendment and 11 Fourteenth Amendment Right. 12 BY MR. HOROWITZ: 13 Q Okay. Do you tell the State of Florida where 14 you live as part of your sex offender registration? 15 A Do I tell the State of Florida? 16 Q My department within the State of Florida 17 where you live as part of your sex offender 18 registration? 19 A I believe so. 20 Q What address do you tell them that you live in? 21 MR. PIKE: Form, same objection. 22 THE WITNESS: And I am going to assert my Fifth 23 Amendment, Sixth Amendment and Fourteenth Amendment 24 Rights. 25 BY MR. HOROWITZ: Page 12 1 Q Do you tell any departments of the State of 2 Florida what vessels or vehicles you own as part of your 3 sex offender registration? 4 A My sex offender registration will speak for 5 itself, but I believe so. I don't remember. 6 Q Okay. What vehicles or vessels do you inform 7 the State of Florida that you own or have an interest in 8 as part of your sex offender registry? 9 MR. PIKE: Fonn, same objection. 10 THE WITNESS: I don't recall. 11 THE REPORTER: What did you say? 12 THE WITNESS: I don't recall. 13 BY MR. HOROWITZ: 14 Q If you know, are there locations that you 15 cannot live in because of your status as a sex 16 offender? 17 A I believe I — 18 MR. PIKE: Form. 19 THE WITNESS: — I believe I can livc in any 20 location. 21 BY MR. HOROWITZ: 22 23 24 25 Q Any location? A Yes, sir. Q If you know, are there places you cannot work because of your status as a sex offender? Page 1 MR. PIKE: Form. 2 THE WITNESS: I don't believe so. 3 BY MR. HOROWITZ: 4 Q If you know, are there people that you cannot 5 come into contact with because of your status as a sex 6 offender? 7 MR. PIKE:. Form. 8 THE WITNESS: I do not know. 9 BY MR. HOROWITZ: 10 Q Okay. Since being sentenced — strike that 11 As part of your sentence, are you forbidden 12 from having sexual contact with minors? 13 MR. PIKE: Form, argumentative. 14 THE WITNESS: I'm sorry? 15 BY MR. HOROWITZ: 16 Q As part of your sentence, are you forbidden 17 front having sexual contact with minors? 18 MR. PIKE: Same objection. 19 THE WITNESS: I don't know I believe that 20 sexual contact with minors is against the law, so I 21 would assume so. 22 BY MR. HOROWITZ: 23 Q Okay. As part of registering as a sex 24 offender, do you have to provide the State of Florida 25 with your business address? A.,ra..,...b.)•05e• -•••••••••• UNIVERSAL COURT REPORTING I 4 (Pages 10 to 13) ) EFTA01076653 Page 14 Page 16 1 A Yes, I believe so. 2 Q Okay. And what business address do you provide 3 the State of Florida -- 4 MR. PIKE: Form. 5 BY MR. HOROWITZ: 6 Q — as part of your registry with the -- as a 7 sex offender? 8 THE WITNESS: On advice of counsel, I am going 9 to assert my Fifth Amendment, Fourteen Amendment 10 and Sixth Amendment Right. 11 BY MR. HOROWITZ: 12 Q How many vehicles do you tell the State of 13 Florida that you own as part of your registration as a 14 sex offender? 15 A I don't know. I -- I don't know. I don't 16 recall. 17 Q With respect to those matters that you -- you 18 do know that you provide to the State of Florida -- 19 A Yes. 20 Q — who provides that information, meaning you 21 or someone on your behalf? 22 MR. PIKE: Form. 23 THE WITNESS: 1 do. 24 BY MR. HOROWITZ: 25 Q Okay. And where do you send in that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: That's correct. BY MR. HOROWITZ: Q Are you still under community control? A Yes, sir. Q Okay. When does that end? A JWy 21st — Q 2010? A July 10 — yes, 2010. Q July 21st, 2010, your conummity control ceases? A That's correct. Q Okay. Do you have a community control officer? A Yes, sir. Q What is his or her name? A Miss Elkins, Officer Elkins. Q How often do you see Miss Elkins in person? A At least twice a week. Q Okay. How much time do you spend with Miss Elkins when you see her? A It varies — Q And — A — up to an hour each time. Q Okay. And the typical occasion which you come face-to-face with Miss Elkins, what -- what — what do 1 I Page 15 1 information? 2 A Its done at the Stockade In Palm Beach County. 3 Q Okay. So since being released, you travel to 4 the Stockade to provide that information? 5 A On advice of counsel, I am going to assert my 6 Fifth Amendment Fourteen Amendment and Sixth Amendment 7 Right. THE VIDEOGRAPHER: Sorry to interrupt. 1 need 9 to go off the record fora second because of 10 sound. 11 MR. HOROWITZ: All right. 12 THE VIDEOORAPHER: Time off the record 10:14. 13 (Thereupon, a short break was taken.) 14 THE VIDEOGRAPHER: lime on the record 10:15. 15 BY MR. HOROWITZ: 16 Q Sir, as part of your sentence in 2008, you also 17 had to provide a DNA sample to the court; is that 18 correct? 19 MR. PIKE: Form. 20 THE WITNESS: That's correct. 21 BY MR. HOROWITZ: 22 Q And per the =twice in the summer of 2008, you 23 were to be under community control after your time in 24 Jail: is that correct? 25 MR. PIKE: Form. Page 17 1 you do? 2 MR. PIKE: Form. 3 THE WITNESS: I talk to Miss Elkins. 4 BY MR. HOROWITZ: 5 Q What do you talk about? 6 A lf there's — my schedule. 1— I prepare a 7 schedule for Miss Elkins. 8 Q Okay. A written schedule? 9 A Yes, sir. 10 Q Okay. And you do that every week, or twice a 11 week? 12 A Every week. 13 Q Okay. When was the last time you provided Miss 14 Elkins with a copy of your schedule? 15 A Last Monday. 16 Q Okay. What is Miss Elkins' first name? 17 A I don't know. 18 Q Okay. And so do you drive or get driven to the 19 Stockade to see Miss Elkins? 20 A Yes. 21 Q Okay. And has that been true since you were 22 released from jail? 23 MR. PIKE: Form. 24 THE WITNESS: No. 25 BY MR. HOROWITZ: 5 (Pages 14 to 17) UNIVERSAL COURT REPORTING EFTA01076654 Page 18 1 Q Okay. For how long have you been seeing Miss 2 Elkins one to two times per week? 3 A Miss Elkins was -- had replaced my former 4 probation officer, which is Carmine Sloan (phonetic), 5 about a month ago. 6 Q Okay. Did you have a — another probation 7 officer before Carmine Sloan? 8 A No, sir. 9 Q Okay. And when Carmine Sloan was your 10 probation officer, were you also seeing -- were you 11 seeing him one to two times a week? 12 A It's her, but yes. 13 Q Okay. And were you providing Miss Sloan with a 14 -- a written schedule? 15 A Yes. 16 Q Okay. Other than providing Miss Sloan with a 17 written schedule, what else -- what else do you talk 18 about? 19 A Just my daily activities. 20 Q Well, what do you tell her about your daily 21 activities? 22 A Where I will be. Just my schedule. Where I 23 will be. 24 Q Okay. Is that the subject matter each time 25 that you go see ha? 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 A Basically, yes. Q And that takes up to an hour? A Yes. Q Okay. Anything else that you talk about other than your schedule with either Miss Sloan or your — your current -- Miss Elkins? A Not that I can recall. Q And it takes an hour approximately to talk about your schedule? MR. PIKE: Asked and answered. THE WITNESS: Up to an hour. BY MR. HOROWITZ: Q Up to an hour? A Yes. Q Up to an hour? A Yes. Q Okay. Is anyone else with you when you meet -- when you met with Miss Elkins or Miss Sloan? MR. PIKE: Form. THE WITNESS: Which time? BY MR. HOROWITZ: Q Typically. It — do you go alone? A It's — ifs — it's in the office. MR. PIKE: Same objection. THE WITNESS: It's at the probation office. Page 20 1 BY MR. HOROWITZ: 2 Q Okay. Is anyone within earshot such that they 3 can hear your conversation? 4 A I don't know. 5 Q Okay. Do you travel to go see Miss Elkins or 6 Miss Sloan with anybody else? 7 MR. PIKE: Form. 8 THE WITNESS: On advice of counsel. I am going 9 to assert my Fifth Amendment, Sixth Amendment and 10 Fourteenth Amendment Right. 11 BY MR. HOROWITZ: 12 Q Other than the probation officer, whether it be 13 Miss Sloan or Miss Elkins, is there anyone else from 14 their office that is present when you meet with them? 15 MR. GOLDBERGER: From their office, did you 16 say? 17 MR. HOROWITZ: Yes. 18 THE WITNESS: Maybe a couple of times, maybe 19 another probation officer. 20 BY MR. HOROWITZ: 21 Q Okay. And who is that? 22 A I don't know. 23 Q Is there anything else, other than your written 24 schedule, that you provide to Miss Elkins or Miss Sloan 25 during the course of your community control? 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 A Not that I can recalL Q Okay. What sort of things would we find on that schedule? MR. PIKE: Form. THE WITNESS: Where I intend to be. BY MR. HOROWITZ: Q Okay. So it would have a physical location -- MR. PIKE: Fonn. BY MR. HOROWITZ: Q — such as "office," or would it say an address? A It just might say "office." It might say an address. Q Okay. What addresses do you provide Miss Sloan or Miss Elkins as your address when you are providing your written schedule? • MR. PIKE: Form. MR. GOLDBERGER: Form. THE WITNESS: On advice of counsel, I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Right. BY MR. HOROWITZ: Q Other than telling Miss Elkins and Miss Sloan that you're at the office, where else do you tell them that you will be? ."..2.421.47:4 ••••• ,,, •UL UNIVERSAL COURT REPORTING 6 (Pages 18 to 21) EFTA01076655 Page 22 1 MR. PIKE: Same objection. 2 THE WITNESS: I am going to Inge to assert my 3 Fifth Amendment, Fourteenth Amendment and Sixth 4 Amendment Right. 5 BY MR. HOROWITZ: 6 Q Does the schedule — written schedule that you 7 provide to Miss Elkins and Miss Sloan simply say a 8 location, or do you also describe your activities? 9 A Just the location. 10 Q Okay. Other than "office," what other 11 locations do you from time to time provide to Miss 12 Elkins or Miss Sloan? 13 MR. PIKE: Form. 14 THE WITNESS: I'm going -- I am going to, on 15 advice of counsel, assert my Fifth Amendment, Sixth 16 Amendment and Fourteenth Amendment Right. 17 BY MR. HOROWITZ: 18 Q Okay. Does your community control officer - 19 is that — is that the correct term, "community control 20 officer? 21 MR. PIKE: Form. 22 THE WITNESS: I believe so. 23 BY MR. HOROWITZ: 24 Q Okay. Does your community control officer ever 25 make unannounced visits to your home? Page 23 1 A Yes. 2 Q Well, where do they travel to to see you? 3 MR. PIKE: Form. 4 THE WITNESS: On advice of counsel, lam going 5 to assert my Fifth Amendment, Sixth Amendment and 6. Fourteenth Amendment Right. 7 BY MR. HOROWITZ: 8 Q Okay. Other than your own office, are there 9 any other locations where you have met Miss Sloan or 10 Miss Elkins to discuss your schedule? 11 A My probation office. 12 Q Other than the probation office, are there any 13 other locations where you've met them? 14 A On advice of counsel, I am going to assert my 15 Sixth Amendment, Fourteenth Amendment and Fifth 16 Amendment Right. 17 BY MR. HOROWITZ: 18 Q Okay. Do you anticipate that you'll be seeing 19 Miss Elkins one to two times per week until your 20 community control expires? 21 A Yes. 22 Q You were also ordered at the time of your 23 sentence to have no contact, direct or indirect, with 24 various girls; is that correct? 25 MR. PIKE: Form, confusing. Page 24 1 THE WITNESS: I'm sorry, I don't understand the 2 question. 3 BY MR. HOROWITZ: 4 Q Sure. At the time of your sentence -- we 5 talked about that a few times already, that was in 6 June/July of 2008? 7 A Uh-huh. 8 or.? My question is: Isn't it true you were ordered 9 at that time to have no contact, direct or indirect. 10 with various girls? 11 MR. PIKE: Objection. 12 THE WITNESS: I don't recall. 13 BY MR. HOROWITZ*. 14 Q Do you know — 15 A I don't recall. 16 Q Do you know whether the Judge announced that in 17 Court to you on the date of your sentence? 18 A I don't recall. 19 Q Do you recall a document saying that you were 20 directed to have no contact, direct or indirect, with 21 various girls as part of your criminal sentence? 22 MR. PIKE: Form. 23 THE WITNESS: I believe that was much later. 24 BY MR. HOROWITZ: 25 Q Okay. At some point — that happened later? 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 A That's correct. Q Okay. What do you understand to be the terms of this no-contact order that you believe you were provided at a later date? MR. PIKE: Form. MR. GOLDBERGER: If you know. THE WITNESS: Just to have no affirmative contact — MR. GOLDBERGER: Be specific. THE WITNESS: -- with — with -- with three specific girls. MR. HOROWITZ: Let me just nip this in the bud. A witness — MR. GOLDBERGER: 1— lam just trying to help you along here. MR. HOROWITZ: Okay. MR. GOLDBERGER: No problem. You can you can ask the questions, and it will take an hour later. I'm trying to get you an answer that you want MR. HOROWITZ: I appreciate that. III — and if I'm having a hard time, that's my problem. Not yours. MR. CiOLDBERGERI Okay. MR. HOROWITZ: But what I was addressing was UNIVERSAL COURT REPORTING •Siaislat•P••••.661( 7 (Pages 22 to 25) ( ) EFTA01076656 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 not your assistance, but the fact that you're speaking up, and you're familiar with the local rules. MR. PIKE: Yeah, let me — MR. HOROWITZ: No, no, no. MR. PIKE: I know. I understand. MR. HOROWITZ: No, no -- MR. PIKE: Listen, we have got a — we've got a long day ahead of us, so let's move along. MR. HOROWITZ: This is -- this is in the interest of efficiency. MR. PIKE: Okay. Let's go. MR. HOROWITZ: Per witness, one attorney, okay? I don't care who It is, but it can only be one of you. MR. GOLDBERGER: Okay. So here's the deal: I represent Mr. Epstein on his criminal cases If I feel it is important for me to interject on issues relevant to his criminal case, I'll do so. Mr. Pike has taken the — the lead role in representing Mr. Epstein civilly. MR. HOROWITZ: Well — MR. GOLDBERGER: if there are issues relevant to the criminal case, I'm going interject. As far as your concern about what just occurred Page 27 now, I'm just hying to help you along. MR. HOROWITZ: I appreciate that. MR. GOLDBERGER: That's the only reason I did it. MR. HOROWITZ: MI right. I'm going to put this on the record again. The local rules provide that in a deposition in a civil case one witness, one attorney who can object, period. It doesn't say if there is also a criminal case, two attorneys can speak. So if Mr. Epstein wanted to hire an attorney familiar with his criminal case for his civil case, he could have done so. If he didn't, that was at his own peril. So I'm just going to ask you to refrain, and I'm just going to put you on notice that if you -- if you interject an objection — MR. GOLDBERGER: Uh-hub. MR. HOROWITZ: — I'll seek the relief from the Court, and that's -- that's it, but -- MR. GOLDBERGER: That's fine. And Pm going to continue to do so, and if you want to adjourn at this point, we can do that. But if I think ifs an issue relevant to my representation of him on a pending criminal case, I'm going to do so, okay? MR. HOROWITZ: Okay. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 28 MR. GOLDBERGER: And youll — you're free to seek whatever relief you want. MR. PIKE: And — and let me — let me put something on the record, since you chose to do so. One, this is — this proceeding has a quasi- criminal component to it, and your questions today, Mr. Horowitz, are interjected in a manner in an attempt to cause Mr. Epstein to waive his Fifth Amendment Right, along with his Sixth and his Fourteenth which are incorporated therein. So the fact that Mr. Goldberger is here making sure that his client and my mutual client maintain and preserve those privileges that are afforded under the United States Constitution, he will continue to do that today, okay? Now, we're here to answer your questions. We're here to move forward with the depo. We'd like to do that. If you'd like to adjourn to take this up with the Court today, we could do that as well, but it was — ifs your choice. MR. HOROWITZ: Okay. MR. PIKE: Okay? BY MR. HOROWITZ: Q One girl that you were ordered to have no contact with is Jane Doe 2, correct? Page 29 1 MR. PIKE: Form. 2 THE WITNESS: I don't know. 3 BY MR. HOROWITZ: 4 Q Another girl that you were ordered to have no 5 contact with is Jane Doe 4, correct? 6 MR. PIKE: Form. 7 THE WITNESS: No, I don't — you — you've 8 asked me a question regarding a criminal case? 9 MR. HOROWITZ: Correct. 10 THE WITNESS: So regarding my criminal case, I 11 believe the answers to the both of those questions 12 are no. 13 BY MR. HOROWITZ: 14 Q Okay. I have some more questions about your 15 criminal case. 16 A Okay. 17 Q Another girl that you were ordered to have no 18 contact with as a result of your -- following your 19 sentence is Jane Doe 6; is that correct? 20 MR. PIKE: Form. 21 THE WITNESS: I don't believe so. 22 BY MR. HOROWITZ: 23 Q Okay. And another girl that you were ordered 24 to have no contact with as a result of your criminal 25 case is Jane Doe 7, correct? UNIVERSAL COURT REPORTING 8 (Pages 26 to 29) ( ) EFTA01076657 Page 30 Page 32 1 A 1 don't believe so. 2 Q Okay. Another girl that you were ordered to 3 have no contact with is Jane Doe 5? 4 MR. PIKE: Form. 5 THE WITNESS: As far as my criminal case, I 6 don't believe so. 7 BY MR. HOROWITZ: 8 Q Okay. Another girl you were ordered to have no 9 contact with is Jane Doe 8, correct? 10 MR. PIKE: Form. 11 THE WITNESS: I'm sorry, who? 12 MR. HOROWITZ: Jane Doe 8. 13 THE WITNESS: I don't believe so. 14 BY MR. HOROWITZ: 15 Q Okay. Another girl you were ordered to have no 16 contact with is Jane Doe 3, correct? 17 MR. PIKE: Same objection. 18 THE WITNESS: I don't believe so. 19 BY MR. HOROWITZ: 20 Q Okay. Are you smut of the names of any girls 21 who you were ordered to have no contact with as part of 22 your criminal case? 23 MR. PIKE: Font 24 THE WITNESS: On the advice of counsel, I am 25 going to assert my Fifth Amendment, Sixth Amendment Page 31 1 and Fourteenth Amendment Right. 2 MR. HOROWITZ: Okay. I mentioned seven girls' 3 names. I'll just put them on the record so you 4 know what seven girls I'm talking about. 5 THE WITNESS: Okay. 6 MR. HOROWITZ: Jane Doe 5, Jane Doe 8, Jane Doe 7 6, Jane Doe 2, Jane Doe 3, Jane Doe 7. 8 BY MR. HOROWITZ: 9 Q Is it your testimony today that you were not 10 ordered as a result of a criminal case to have no 11 contact with them? 12 MR. PIKE: Form. 13 THE WITNESS: That's my best recollection. 14 BY MR_ HOROWITZ: 15 Q Okay. And, therefore, since you have no 16 recollection of being ordered, you've made no 17 affirmative attempt to have no contact with them; is 18 that correct? 19 MR. PIKE: Form, asked and answered. I am 20 going to instruct him not to answer that question. 21 If you want to rephrase it, go ahead. 22 MR. HOROWITZ: Are you going to accept — 23 accept his advice? 24 MR. PIKE: Yeah. 25 THE WITNESS: Yes. 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOROWITZ: Q Okay. Have you made any affirmative attempt to have no contact with Jane Doe 5, Jane Doe 8, Jane Doe 6, Jane Doe 2, Jane Doe 3, Jane Doe 4 or Jane Doe 7? MR. PIKE: Form, lack of predicate and foundation. THE WITNESS: And on the advice of counsel, I am going to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Right BY MR. HOROWITZ: Q Have you at any time known the names of the girls that you were directed to have no contact with -- MR. PIKE: Same objection. BY MR. HOROWITZ: Q — in the criminal case? A Known the names? Q Known, known. A I was told that in fact some of your — the cases that were filed against me by your firm, a firm whose partner was disbarred for his conduct, and in fact Mr. Edwards sitting there with his firm who is called by the U.S. Attorney to be the largest fraud in South Florida's history — I believe these girls have always been -- and I believe the ladies and gentlemen of the jury will eventually be aware that these girls have Page 33 filed the claim many years after they alleged and even associated with firms whose partners have been disbarred and is part one of his partners is currently in jail, yes. Q Okay. Are you suggesting that a partner of mine was disbarred? Is that your testimony? MR. PIKE: Form. THE WITNESS: Yes, that's — I believe that's my understanding. BY MR. HOROWITZ: Q Okay. Are you suggesting that my clients fabricated their claims against you after coming into contact with an attorney who you believe was disciplined? MR. PIKE: Fonn. THE WITNESS: You know, I'd really like to answer that question, and hopefully some day I will. I think the answer is pretty obvious to you and the other people in this room, but, however, today, Mr. Horowitz, I am going to, on the advice of counsel, have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Right, though I would like to — and I'm sure you and the ladies and gentlemen understand, I'd like to answer that question. 9 (Pages 30 to 33) UNIVERSAL COURT REPORTING EFTA01076658 Page 34 1 BY MR. HOROWITZ: 2 Q Well, you mentioned an attorney who you believe 3 was disciplined, and you mentioned an attorney who you 4 believe — 5 A I don't believe i said "disciplined." i think 6 you — i said 'disbarred." 7 Q Disbarred, okay. 8 A is that correct? 9 Q No, ifs wrong, but that was your words. 10 A He was not disbarred? 11 Q I'm not allowed to testify to those -- 12 A Oh, I'm sorry. 13 Q I didn't create these rules. 14 A I thought he was disbarred. I think the paper 15 said he was disbarred. 16 Q Okay. You mentioned that an attorney was 17 disbarred, and another attorney — 18 A Your partner was disbarred. Not an attorney, 19 correct? 20 Q You mentioned that my partner was disbarred, 21 and that's your testimony? 22 A Yes. 23 Q And you mentioned that another attorney 24 committed fraud? 25 A Yes. Page 35 1 Q Are you suggesting that somehow the Plaintiffs 2 fabricated their allegations because of their 3 association with these lawyers? 4 MR. PiKE: Form. 5 THE WITNESS: In fact, according to the 6 newspapers, the attorney who's -- who is currently 7 sitting in jail, Mr. Edwards' partner, was accused 8 of fabricating many cases not only against people 9 like me, but others, of the sexual nature, very 10 similar to the ones you've filed. 11 BY MR. HOROWITZ: 12 Q Okay. As to my clients — I'm not asking about 13 anybody else's clients. As to my client, are you 14 suggesting that they fabricated any aspect of their 15 dealings with you as a result of their dealings with 16 their attorney, or some remote dealings with 17 Mr. Rothstein? Is that — is that your testimony? 18 A I think that answer -- 19 MR. PiKE: Form, predicate, foundations, sorry. 20 THE WITNESS: I think that answer is pretty 21 obvious. But, however, on advice of counsel, I 22 cannot answer any questions today that are relevant 23 to this law -- to these lawsuits. I would like 24 to. I'm sure everybody knows that i would like 25 to. You know i would like to. But today, on the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 advice of counsel, I am going to have to assert my Fifth Amendment, Sixteenth — sorry -- Sixth Amendment and Fourteenth Amendment Rights as guaranteed by the Constitution. And if i don't follow their advice and I prefer — i would actually prefer to answer the question, but if i don't follow their advice, I am going to risk losing my counsel, which is a violation. So am going to have to assert those rights today. MR. PIKE: Okay. And just for the record -- MR. HOROWITZ: Move to strike the non-responsive portion. MR. PIKE: Just for the record, let's try to go — take turns for the court reporter's benefit. Finish your answer — THE WITNESS: Okay. MR. PIKE: — finish your question, before both of you continue to talk to — over each other, thanks. BY MR. HOROWITZ: Q Mr. Epstein, if i heard you right, you said that your attorneys have advised you that your you could not answer these questions without waiving the Fifth, Sixth and Fourteenth Amendment; is that right? MR. PIKE: Form. I am going to instruct him Page 37 not to answer that question because the way it's phrased attempts to elicit attorney-client communications. BY MR. HOROWITZ: Q Did 1 paraphrase you correctly? A No, you did not. Q Okay. Well, sir, are you — are you testifying that Jane Doe 2 falsified a lawsuit because of her association with a lawyer? MR. PiKE: Form, predicate, foundation. THE WITNESS: I would really like to answer that question, but today, and just today at least on the advice of counsel, I cannot, because they have advised me that if I do, I risk losing their counsel, but as I think it is going to be pretty obvious, I would like to answer that question, but on the advice of counsel, I am going to assert my Fifth, Sixth and Fourteenth Amendment Right as provided by the U.S. Constitution. BY MR. HOROWITZ: Q Well, Mr. Epstein, if you continue to laugh at any of my questions, shake your head, nod, it's my intention to inform the Court and file a motion that you've waived your Fifth Amendment Right. MR. PiKE: All right. First of all, that's — 10 (Pages 34 to 37) UNIVERSAL COURT REPORTING EFTA01076659 Page 38 1 that's argumentative and it's harassing, and you 2 don't have a question on the table, so let's -- 3 lees — 4 MR. HOROWITZ: Why are you interrupting me? 5 MR. PIKE: Because — because this deposition 6 is not going to be utilized as a — as a means to 7 harass my client. Ask your questions, you'll get 8 your answers, and let's move forward. 9 BY MR. HOROWITZ: 10 Q I'm going to ask that you not shake your head, 11 nod or laugh at my questions. Because if you do, it 12 will be at your own peril, because Pm -- I will file a 13 motion to have your Fifth Amendment Rights waived. 14 MR. PIKE: I'm going to move to strike -- 15 MR. HOROWITZ: Okay. 16 MR. PIKE: — your two last statements, 17 Mr. Horowitz. Let's get on with the deposition. 18 BY MR. HOROWITZ: 19 Q When you said that you must accept the advice 20 of your attorney or risk waiving your Constitutional 21 Rights, what advice were you talking about? 22 MR. PUCE: Form. I'm going to instruct him not 23 to answer that question. He's asserting his 24 Constitutional Rights. 25 MR. HOROWITZ: And I want to explore what he Page 39 1 just said about his Constitutional Rights. He said 2 he would be losing his Sixth Amendment Right to 3 effective representation. Do you understand — is 4 that what you said, sir? 5 MR. PIKE: Fonn. 6 THE WITNESS: Correct. 7 BY MR. HOROWITZ: 8 Q Okay. Okay. When you say your Sixth Amendment 9 Right to effective representation, who -- representation 10 by who? Who —who are you talking about? 11 MR. PIKE: Form. I'm going to instruct him not 12 to answer that question. 13 BY MR. HOROWITZ: 14 Q Are you suggesting that your attorneys would 15 not represent you if -- if you didn't assert your Sixth 16 Amendment Right? 17 MR. PIKE: Same objection. Pm going to 18 instruct him not to answer that question, attorney- 19 client 20 BY MR. HOROWITZ: 21 Q How do you ensure that you have no contact with 22 the various girls you've been ordered to have no contact 23 with? 24 MR. PIKE: Form, predicate, foundation. 25 THE WITNESS: On advice of counsel, I am going Page 40 1 to have to assert my Fifth Amendment, Sixth 2 Amendment and Fourteenth Amendment Rights as 3 guaranteed by the U.S. Constitution, though I would 4 like to answer that question. 5 BY MR. HOROWITZ: 6 Q With respect to those girls whom you've been 7 ordered to have no contact with, have you had any 8 contact, direct or indirect, with them since receiving 9 that order? 10 MR. PIKE: Same objection; form, predicate and 11 foundation. 12 THE WITTIESS: I would like to answer that 13 question, however, today my — I have been informed 14 that I cannot answer any questions that may be 15 relevant to your lawsuit. So Pm going to assert 16 my Fifth Amendment, Sixth Amendment and Fourteenth 17 Amendment Right. Excuse me, could I use the 18 restroom? 19 MR. HOROWITZ: Yes. 20 THE VIDEOGRAPHER: Time off the record 10:35. 21 (Thereupon, a short break was taken.) 22 THE VIDEOORAPHER: Time on the record 10:42. 23 BY MR. HOROWITZ: 24 Q Asa result of your criminal sentence, how many 25 girls were you ordered to have no contact with? 2 3 4 5 6 7 M. and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 MR. PIKE: Form. THE WITNESS: Three. BY MR. HOROWITZ: Q Okay. And what are their names? MR. PIKE: Form. THE WITNESS: I believe it was Jane Doe 103, MR. HOROWITZ: Can you read that back? THE REPORTER: le - MR. HOROWITZ: No, I don't think that's right. That's not what he said. (The pending answer was read back by the court repo •) MR. HOROWITZ: Thank you. BY MR. HOROWITZ: Q Is it your testimony, sir, that those are the only three girls who, as a result of a criminal case against you, you've been ordered to have no contact with? MR. PIKE: Form. THE WITNESS: That's correct. BY MR. HOROWITZ: Q Okay. With respect to M., do you acknowledge that she has been to your home? MR. PIKE: Form. 11 (Pages 38 to 41) UNIVERSAL COURT REPORTING EFTA01076660 Page 42 Page 44 1 THE WITNESS: Sony? 2 BY MR. HOROWITZ: 3 Q With respect to e do you acknowledge she 4 has been to your home? 5 MR. PIKE: Same objection. 6 THE WITNESS: On advice of counsel —I would 7 like to answer all your questions today, 8 Mr. Horowitz. I'm sorry your partner that was 9 disbarred is not here, because I would like to 10 answer his questions because I believe he was the 11 one who represented So I would like to sec 12 Mr. Herman at some point when begets- 13 potentially gets his license back. But, though I 14 would like to answer your questions in more detail, 15 on advice of counsel, I am going to have to assert 16 my Fifth, Sixth and Fourteenth Amendment Rights 17 under the U.S. Constitution. I would like to 18 answer the question, but my counsel has told me 19 that I risk losing their representation if I do, 20 so, therefore, I'm going to have to assert those 21 rights. 22 BY MIL HOROWITZ: 23 Q With respect to M, do you acknowledge that 24 she has — she went to your home %%ben she was a child? 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 THE WITNESS: Again, I would like to answer that question, and I'm sure you know I would like to answer that question. I'm sure your partner that was disbarred while he represented M, I believe, or her parents, or he claimed he represented one parent, and the other parent sued him or tried to bring a lawsuit against your partner I would like to answer any questions with respect to .„ but today on advice of counsel, I'm not going to be able to do that because they've advised me I must assert my Fifth, Sixth and Fourteenth Amendment Right -- MR HOROWITZ: Okay. THE WITNESS: - so therefore excuse me, I am going — should I finish? MR. PIKE: Yes. THE WITNESS: So, therefore — though I would like to answer that question and lam going to have to assert those rights. MR. HOROWITZ: Okay. Move to strike the non-responsive — the non-responsive portion of the answer. BY MR HOROWITZ: Do you acknowledge, sir, that with respect to M. during her childhood, you paid her for sexual 1 contact? 2 MR. PIKE: Form. 3 THE WITNESS: Again, I would like to answer 4 that question, but as most of your other questions 5 here today, and I — I understand that your partner 6 who represented this a was disbarred, but at 7 some point in fliture I would like to answer that. 8 Today, unfortunately, I am going to have to assert 9 my Fifth, Sixth and Fourteenth Amendment Rights 10 under the U.S. Constitution because my counsel has 11 advise me that, though I would like to answer that 12 question, I cannot today. 13 BY MR HOROWITZ: 14 Q Are you suggesting, sir, that fabricated 15 or embellished her allegations because of her 16 association with a disbarred attorney? 17 MR. PIKE: Form, move to strike, 18 mischaracterizes the witness' testimony. 19 THE WITNESS: Can you repeat the question? 20 BY MR. HOROWITZ: 21 Q Are you suggesting that either fabricated 22 or embellished her — her allegations because of any 23 association she had with an attorney who's been 24 disbarred? 25 MR. PIKE: Same objection- Page 45 1 THE WITNESS: It's not an attorney who's been 2 disbarred. I believe I said it's your partner that 3 was disbarred when -- after representing E, and 4 I would like — though I would like to answer those 5 questions in detail, today I have been advised by 6 counsel that I cannot answer any questions that may 7 be relevant to your lawsuits — 8 MR. HOROWITZ: All right. 9 ME WITNESS: — and — excuse mo. 10 MR. HOROWITZ: Go ahead, finish. 11 THE WITNESS: Thank you. And, though I would 12 like to answer the questions, and I know you keep 13 trying to strike my answer with respect toa's 14 representation by your former partner, Je y 15 Herman, who was disbarred, who held press 16 conferences to try to make a big — so he tried to 17 embarrass me as best as he could, I'm - I would 18 like to answer those questions, but I cannot on 19 advice of counsel. 20 BY MR. HOROWITZ: 21 Q Okay. And do you fool that because my partner, 22 Jeffrey Heenan, was an attorney involved in M.'s case, 23 that somehow the allegations she's made agates you are 24 fabricated or embellished? 25 A I'd let — the ladies and gentlemen of the jury •••••• ••• ., •••14,••••••••MaaaaT'Rea.ta-•*••••1•••(...ut • ItJa\C•tWol •"'•"^ UNIVERSAL COURT REPORTING a ( I J 12 (Pages 42 Co 45) ( ) EFTA01076661 Page 46 1 will make that decision, I'm sure. I can't — I would 2 like to answer those questions. I would really like to 3 answer — I think those answers are obvious, frankly. 4 But today, on advice of counsel, I'm not going to be 5 able to answer those questions. I am going -- 6 Q Well - 7 A Mr. Horowitz, I would like to finish my answer, 8 please. Is that okay? 9 Q Well, you keep repeating yourself. 10 THE WITNESS: Mr. Pike? 11 MR. PIKE: Go ahead and finish. 12 Please allow -- allow the witness to finish his 13 answer. 14 THE WITNESS: So lees start -- should — could 15 you repeat the question, please? 16 MR. HOROWITZ: Yes. 17 (The pending question was read back by the 18 court reporter.) 19 MR. HOROWITZ: That wasn't exactly the 20 question, but I'll - let me ask it again. Maybe 21 it will be smoother, and just try and follow what 22 it is Pm asking. 23 THE WITNESS: I'm trying my best. 24 BY MR. HOROWITZ: 25 Q Do you believe, as we sit here today, that Page 47 1 because Jeffrey Herman was involved in the 2 representation of la, that her allegations of abuse by you are fabricated or embellished? 4 MR. PIKE: Form, predicate, foundation. THE WITNESS: I would very much like to answer the question regarding ■ -- which 7 embellishments, as you've described them, or 8 fabrications at the same time she met your 9 partner that was later disbarred. However, as of 10 today, though I would like to answer those 11 questions — and I think those answers are pretty 12 obvious -- I am going to have to assert my Fifth 13 Amendment, Sixth Amendment and Fourteenth Amendment 14 Rights under the U.S. Constitution. 15 And, though I think again those — that answer 16 is obvious, and will be obvious to most people here 17 on the jury, my attorneys have advised me I cannot 18 answer that question today. 19 BY MR. HOROWITZ: 20 Q Okay. You told us that in addition to u, 21 you were also ordered to have no contact with Jane Doe 22 103 and a: is that correct? 23 A Excuse me, yes. 24 Q And when did you receive such an order? 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 THE WITNESS: I don't recall. BY MR. HOROWITZ: Q Okay. Was it -- if I heard you correctly, it was in association with your criminal case? A That's correct. Q Okay. And with respect to Jane Doe 103, do you acknowledge that she has been to your home? MR. PIKE: Form. THE WITNESS: Again, I would like to answer most of your questions. However, today, as I've answered most almost all of your questions and will continue to answer, on advice of counsel, I believe, this question, I have to assert my Fifth Amendment, Fourteenth Amendment and Sixth Amendment Rights under the U.S. Constitution. BY MR. HOROWITZ: Q Okay. And — are you done? A (No verbal response). Q Do you acknowledge that Jane Doe 103 came to your home for sexual contact during her childhood, and that you paid her for those services? MR. PIKE: Form, predicate, foundation, argumentative. THE WITNESS: I'd I would like to answer that question. I think those questions will all Page 49 have obvious answers and not — however, today, I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights under the U.S. Constitution, because, though I would like to answer that question, my attorneys have advised me that I cannot -- today cannot answer any questions that may be relevant to this lawsuit. BY MR. HOROWITZ: Q Okay. You also told us — provided this name of a. Do you acknowledge that M . was paid by you for sexual contact during her childh ? MR. PIKE: Form, predicate, foundation, argument. THE WITNESS: I would like to answer that question, as I would like to answer most of your other questions here today, but I, unfortunately, am going to have to answer that one, as I've answered most of your other questions, which is unfortunately today, I cannot answer any question that may be relevant to this lawsuit on advice of counsel. I must assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Right under the U.S. Constitution. BY MR. HOROWITZ: 13 (Pages 46 to 49) UNIVERSAL COURT REPORTING 0 (a) (I) EFTA01076662 Page 50 1 Q When in the future do you presently intend to 2 stop asserting your Fifth, Sixth and Fourteenth 3 Amendment Rights, if any, and intend to start answering 4 these questions? 5 MR. PIKE: Form. I am going to instruct him 6 not to answer that question, attorney-client. 7 BY MR. HOROWITZ: 8 Q Do you intend at trial to start answering these 9 questions? 10 MR. PIKE: Same objection. I am going to 11 instruct him not to answer, attorney-client. 12 BY MR. HOROWITZ: 13 Q At the time of your sentence you told us — 14 which was in the summer of 2008, did you have a private 15 psychologist -- 16 MR. PIKE: Font 17 BY MR. HOROWITZ: 18 Q — named Dr. Alexander? 19 MR. PIKE: Form. I am going to instruct him 20 not to answer that question as well because the 21 Judge has already ruled that Mr. Epstein's medical 22 history is not an element in any of these cases. 23 MR. HOROWITZ: Well, despite — you -- you -- 24 you're aware we have a court order in which 25 Mr. Epstein was required to provide us the names of Page 51 1 his doctors and as well as his prescriptions, 2 correct? You're aware of that? 3 MR. PIKE: I recall that order, but I don't 4 recall — I don't recall — if you have the — if 5 you have the answers, then you can provide them to 6 me, and maybe I would be better situated to allow 7 the client to answer or not answer the questions. 8 I saw your associate reaching for something. So 9 maybe -- maybe you do have them, you can refresh my 10 recollection. 11 MR. HOROWITZ: Well, I'm just going to ask the 12 witness I'm not here to refresh his 13 recollection. I want his — 14 MR. PIKE: Or mine. 15 MR. HOROWITZ: Or yours. 16 MR. PIKE: Right. 17 MR.. HOROWITZ: I want his testimony on today's 18 date as to the truth. 19 MR. PIKE: Okay. Well, I'm going to instruct 20 him not to answer that question right now. Let's 21 22 MR. HOROWITZ: You guys want to talk among 23 yourselves? 24 MR. PIKE: Sure. Fm still going to maintain 25 the objection ifs also attorney-client and work 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 product. BY MR. HOROWITZ: Q What — are -- are you under the care of any physicians at the present time other than Dr. Alexander? MR. PIKE: Form, predicate, foundation and mischaracterizes, I believe, my objection. THE WITNESS: I would like to answer that question, as I would like to answer most of your other questions hem today, but today I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights under the advice •- on advice of counsel. BY MR. HOROWITZ: Q All right. What doctors have you been under the care of in the past five years? MR. PIKE: Form. THE WITNESS: I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights on advice of counsel, though I would like to answer these questions. MR. HOROWITZ: Okay. I mean, you -- you cou I d — you can tell your client to do what you want, but, linen, we have a specific court order. MR. PIKE: Do you have a copy of it with you? MR. HOROWITZ: During the break I'll get you a Page 53 1 copy. 2 MR. PIKE: I mean, if you have a copy of an 3 order, and you want to refresh my recollection -- 4 since the Fifth Amendment and the Sixth Amendment 5 and the Fourteenth Amendment are highly technical 6 Constitutional Amendments, if you wish to ask my 7 client questions based upon an order, I would ask 8 that you simply provide me with the order 9 beforehand, and then we can make this a much easier 10 process. We're here for you, Adam. 11 MR. HOROWITZ: Thanks. I'm pretty sure the 12 Court gave you a copy of the order, but -- but ifs 13 okay. We can move on. During the break we'll 14 address it. 15 MR. PIKE: No — well, wait a second -- 16 MR. HOROWITZ: During the break we'll address 17 it. 18 MR. PIKE: -- I am not going to banter with 19 you, and nor am I going to accept this type of 20 laughing from the corner show over there 21 (indicating). Listen, the fact remains is this: 22 There have been several orders. That of which I 23 was the initial author of the -- of the motions 24 that resulted in the positive orders, reflective of 25 the Fifth, Sixth and Fourteenth Amendment. So it .4.4. ....u..0.006t•Calemir UNIVERSAL COURT REPORTING I 14 (Pages 50 to 53) EFTA01076663 Page 54 1 is: If you have some of those orders, which are 2 probably ten plus, bring them to me, and I will 3 read them, and we will make this deposition go 4 forward a lot easier. 5 BY MR. HOROWITZ: 6 Q All right. Are you — have you been prescribed 7 any medications in the past five years? 8 MR. PIKE: Form. 9 THE WITNESS: Ifs the same answer. I would 10 like to answer that question, as I would like to 11 answer most of your other questions here today. 12 However, I've been advised by counsel that at least 13 today I cannot answer those questions, and I must 14 assert my Fifth Amendment, Sixth Amendment and 15 Fourteenth Amendment Right. 16 BY MR. HOROWITZ: 17 Q So you — you told us in a swom interrogatory 18 answer that you were prescribed Lipitor, and that you 19 take — you take Lipitor. Are there other medications 20 that you receive, for instance, to treat you for a 21 sexual disorder? 22 MR. PIKE: Form. I am going to instruct him 23 not to answer that question as phrased. 24 BY MR. HOROWITZ: 25 Q Other than Lipitor, are there any other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 MR. PIKE: Form. THE WITNESS: I see ifs on the complaint. BY MR. HOROWITZ: Q You've been a Defendant in that lawsuit for the past two years? A I don't know the time. Q Do you know who the Plaintiff is, Jane Doe 2? MR. PIKE: Form. THE WITNESS: I read the complaint. BY MR. HOROWITZ: Q Okay. All right. My -- my earlier question to you was: Isn't it true that a girl named Jane Doe 2 — A Uh-huh. Q — came to your Palm Beach home in — in late 2004? A I — again, I understand that Jane Doe 2 was represented by your partner, Jeffrey Herman, who was disbarred by The Florida Bar Association. I believe she was represented by Mr. Herman prior to his disbarment. I believe he represented her in a -- in some type of press conference in association with other firms later where other partners have gone to jail for representing claims of a sexual nature against people like me and others, and the U.S. Attorney called one of the other firms involved in this the largest fraud in Florida Page 55 1 medications that you have been prescribed or have taken 2 in the past five years? 3 A On advice of counsel, I am going to have to 4 assert my Fifth Amendment, Sixth Amendment and S Fourteenth Amendment Rights, though I would like to 6 answer that question. 7 Q Okay. Is it true, sir, that a — a girl named 8 Jane Doe 2 came to your Palm Beach home in late 2004? 9 A Is she someone you represent? 10 Q Do you -- do you — do you not know the answer? 11 A I do not know the name. 12 Q Okay. Do you know we're here on a case called 13 Jane Doe 2 vs. Jeffrey Epstein? 14 MR. PIKE: Form. 15 THE WITNESS: Yes. 16 BY MR. HOROWITZ: 17 Q And you've seen that on the deposition notice? 18 A Yes. 19 Q Are you suggesting that you -- you do not know 20 who Jane Doe 2 is? 21 MR. PIKE: Fenn. 22 THE WITNESS: I've seen it on the allegation - 23 on your complaint today. 24 BY MR. HOROWITZ: 25 Q Okay. So we have the answer to that question? Page 57 1 in South Florida's history. But separate from that, 2 unfortunately today, I am going to have to assert my 3 Fifth Amendment, Fourteen Amendment and Sixth Amendment 4 Rights on the advice of counsel. 5 MR. HOROWITZ: Okay. Move to strike that. 6 BY MR. HOROWITZ: 7 Q Do you believe that Jane Doe 2's lawsuit 8 against you was either fabricated, falsified or 9 embellished due to any association she had with an 10 attorney who was suspended or disbarred, as you say? 11 MR. PIKE: Form. 12 THE WITNESS: Again? 13 BY MR. HOROWITZ: 14 Q Do you believe that lane Doe 2's lawsuit was 15 elfin fabricated or embellished because of her 16 association with any attorney? 17 MR. PIKE: Form 18 THE WI-MESS: I would like to tell you my 19 beliefs. I would like to give you an answer to 20 that question. I would like to — I'm sure the 21 jury is going to want to explain — understand that 22 she was represented by an attorney that was 23 disbarred at the time when this lawsuit, I believe, 24 got filed. Later he was disbarred. Today I would 25 like to answer that question, but however, today on 15 (Pages 54 to 57) UNIVERSAL COURT REPORTING EFTA01076664 Page 58 1 advice of counsel I cannot, and I am going to have 2 to assert on their advice my Fifth Amendment, Sixth 3 Amendment and Fourteenth Amendment Rights under the 4 U.S. Constitution or risk losing their counsel. 5 MR. PIKE: Let me take a break really quick. I 6 need a 60-second break. 7 THE VIDEOGRAPHER: Time off the record 10:59. 8 (Thereupon, a short break was taken.) 9 THE VIDEOGRAPHER: Time on the record 11:06. 10 BY MR. HOROWITZ: 11 Sir, between 2001 and 2006 did you instruct 12 al to place telephone calls to arrange for girls under 13 the age of 18 to come to your home for your sexual 14 gratification? 15 MR. PIKE: Form. 16 THE WITNESS: Though I would life to answer 17 that question, today, on advice of counsel, I am 18 going to have to assert my Fifth Amendment, Sixth 19 Amendment and Fourteenth Amendment Rights under the 20 U.S. Constitution. And, though I'd really much 21 like to answer that question, today, I cannot. 22 BY MR. HOROWITZ: 23 Q Is it true, sir, that in late 2004 Ereceived 24 a telephone call wherein she was told that a girl named 25 Jane Doe 3 was bringing a girl named Jane Doe 2 to your Page 59 1 home? 2 MR PIKE: Form. 3 THE WITNESS: Cat you tell me who those people 4 are? Are those two of your clients? 5 MR. HOROWITZ: Yes, two of the three people 1 6 mentioned are my clients. 7 BY MR. HOROWITZ: 8 Q Are — are — are — are -- are you denying 9 that those girls were in your home? 10 A Tm asking you for clarification. 11 Q Okay. Do you want me to repeat the question? 12 A Do I understand the question that two of your 13 clients have suggested one of your clients brought the 14 other client? 15 Q Okay. Let me backup. 16 • A Sony. Is that — is that — 17 Q My questions aren't suggesting anything. 18 They're asking a question. Do you understand that? 19 A I understand that. 20 Q Okay. My question is: Is it true that in late 21 2004 -- 22 A Yes. 23 Q M. received a telephone call wherein she 24 was told that Jane Doe 3 was bringing lane Doe 2 to your 25 home? Page 60 1 MR PIKE: Form. 2 THE WITNESS: I'd like to answer that question, 3 but unfortunately, today, at least, lam going to 4 have to answer that like I've answered many of your 5 other questions. Unfortunately, I have to answer 6 — on advice of counsel, I am going to have to 7 assert my Fifth Amendment, Sixth Amendment and 8 Fourteenth Amendment Rights under the U.S. 9 Constitution because I've been told that I cannot 10 answer any questions that may be relevant to any of 11 your lawsuits, or -- and if I do, I risk losing my 12 representation. 13 BY MR. HOROWITZ: 14 Q Okay. Did you instruct to communicate by 15 telephone to arrange for Jane Doe to come to your home 16 for your own sexual gratification? 17 MR. PIKE: Form. 18 THE WITNESS: Who? I'm sorry, what was the 19 name again? 20 BY MR. HOROWITZ: 21 Q This is about the fifth time I mentioned her 22 name. Her name is Jane Doe 2. 23 A Uh-huh. 24 MR. PIKE: Same objection. 25 THE WITNESS: I'd like to answer that question, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 as I would like to answer most of your other questions here today, Mr. Horowitz. However, on advice of counsel, they have instructed me that I cannot answer any questions that may be relevant to any of your multiple lawsuits. So, though I would like to answer it today, l am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights as provided by the U.S. Constitution. BY MR. HOROWITZ: Q I am going to stick with the line of questions involving Jane Doe 2, so I'm just going to ask that you keep that name in your head, okay? Jane Doe 2; you got that? A Pliny. Q Okay. Thank you. Did you inform M. that Jane Doe 2 would be giving you a massage was sexual in nature? MR. PIKE: Form. THE WITNESS: nave — I'm going to have to answer that question — though I would like to answer that question today, I am going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights, because on advice of counsel I cannot answer that question no matter how UNIVERSAL COURT REPORTING 16 (Pages 58 to 61) ( ) EFTA01076665 Page 62 1 much I actually warn to today. So, unfortunately, 2 I'll have to assert those rights. 3 BY MR. HOROWITZ: 4 Q Did you observe M. speaking by telephone to 5 arrange for Jane Doe 2 to come to your home to give you 6 a sexual massage? 7 MR. PIKE: Form. 8 THE WITNESS: Again, Pm going to have to 9 answer that the way I've answered your other 10 questions, Mr. Horowitz, which is, though I would 11 like to answer that question today, on advice of 12 counsel, I cannot answer any questions that may be 13 relevant to any of your lawsuits. Therefore, I 14 must assert my Fifth Amendment, Sixth Amendment and 15 Fourteenth Amendment Rights as provided by the U.S. 16 Constitution. And if I don't answer that way, I 17 risk losing my counsel's representation. 18 BY MR. HOROWITZ: 19 Q Did III. tell you that she confirmed by 20 telephone that Jane Doe 2 would be coming to your home 21 at • specific time to give you a massage? 22 MR. PIKE: Form. 23 THE WITNESS: Though I would like to answer all 24 of your questions here today, and I would like to 25 answer that question specifically, I am going to Page 63 1 have to respond the same way I've responded to most 2 of your other questions here today, which is on 3 advice of my counsel, I am going to have to assert 4 my Fifth Amendment, Sixth Amendment and Fourteenth 5 Amendment Rights as provided by the U.S. 6 Constitution. And, though I would like to answer 7 that question, if I do so, I risk losing my 8 counsel's representation. 9 BY MR. HOROWITZ: 10 Q Was it your intent during the course of Jane 11 Doe 2's visit to your home, that you would persuade, 12 induce or entice her to engage in sexual activity? 13 MR. PIKE: Form. 14 THE WITNESS: Again, I would like to answer 15 that question, as I would like to answer most of 16 your other questions here today. However, on 17 advice of my counsel, I cannot answer those 18 questions today, so I am going to have to assert my 19 Fifth Amendment, Sixth Amendment and Fourteenth 20 Amendment Rights as provided by the U.S. 21 Constitution. And, though 1 would like to answer 22 it, and I think — I am going to have to assert 23 those rights. 24 BY MR. HOROWITZ: 25 Q Okay. During the course of Jane Doe 2's visit Page 64 1 to your home, did you, in fact, persuade, induce or 2 entice her to engage in sexual activity with you? 3 MR. PIKE: Form. 4 THE WITNESS: Thought would like to answer 5 that question, as I would like to answer most of 6 your other questions here today, on advice of 7 counsel, I am not going to be able to answer those 8 questions here today. They've advised me I must 9 assert my Fourth excuse me — Fifth — excuse me 10 — Sixth and Fourteenth Amendment Rights as 11 provided by the U.S. Constitution. And if I don't 12 do so, I potentially risk losing their 13 representation, so though I'd like to answer it, I 14 must not. 15 BY MR. HOROWITZ: 16 Q Okay. At no point did Jane Doe 2 tell you that 17 she was 18 or older, omen? 18 MR. PIKE: Form. 19 THE WITNESS: Again, I would like to answer — 20 I'd really like to answer that question. However, 21 I cannot, because on advice of counsel, I've been 22 advised that I must assert my Fifth Amendment, 23 Fourteenth Amendment and Sixth Amendment Rights as 24 provided by the U.S. constitution. And if I don't 25 do so,1 potentially risk losing their I. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 representation, though I would like to answer that question. BY MR. HOROWITZ: Q In your own mind, you didn't believe that when Jane Doe 2 came to your home that she was 18 or older, correct? MR. PIKE: Form. THE WITNESS: I'd really like to answer that question. I'd really Mice to answer most of your other questions here today. But however, on the advice of counsel, they've advised me I must assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights as provided by the Constitution, and have asked me or instructed me, not to answer any questions that may be relevant to this lawsuit. So, though I would like to answer it,1 cannot. BY MR. HOROWITZ: Oka . Jane Doe 2 told that she attended when she came to your home, correct? MR. PIKE: Form. THE WITNESS: I would like to answer that question, as I would like to answer every one of your questions here today. However, on advice of --XL- 17 (Pages 62 to 65) UNIVERSAL COURT REPORTING EFTA01076666 Page 66 1 counsel, I cannot. And, though I would like to. I 2 must assert my Fifth Amendment, the Sixth Amendment 3 and Fourteenth Amendment Rights as provided by the 4 U.S. Constitution. And if I don't do so, I risk 5 losing their representation. Though I would like 6 to answer, but today I cannot. 7 BY MR. HOROWITZ: 8 Q During Jane Doe 2's visit to your home in 2004, 9 you were nude in front of her; isn't that right, sir? 10 MR. PIKE: Form. 11 THE WITNESS: I would like to answer that 12 question, as I would like to answer most of your 13 other questions here today. But my answer is going 14 to be virtually the same as I've had to answer most 15 of your other questions, which is on advice of 16 counsel, I cannot answer those questions. I must 17 assert my Fifth Amendment, Sixth Amendment and 18 Fourteenth Amendment Rights as provided by the U.S. 19 Constitution. And if I don't do so, I've been told 20 I lose risking — excuse me — I risk losing their 21 representation, and so therefore, I cannot answer 22 that question. 23 BY MR. HOROWITZ: 24 Q During Jane Doe 2's visit to your home in 2004, 25 did you instruct het to remove all of her clothing? Page 67 1 MR. PIKE: Form. 2 THE WITNESS: Fa like to answer that 3 question. I would like to answer that question, as 4 I've had — I would like to answer most of your 5 other questions here today. However, upon advice 6 of counsel, I have been instructed that I must 7 assert my Fifth Amendment, Sixth Amendment and 8 Fourteenth Amendment Rights as provided by the U.S. 9 constitution. And though I would like to answer 10 that question, I cannot. 11 BY MR. HOROWITZ: 12 Q During Jane Doe 2's visit to your home in 2004, 13 did you instruct Jane Doe 2 to pinch your nipples and 14 rub your chest? 15 MR. PIKE: Form. 16 THE WITNESS: I'd like to answer that question 17 here today, like I'd like to answer most of your 18 other questions here today, but, unfortunately, I 19 am going to respond, as I've responded to virtually 20 all of your questions, which is on advice of 21 Counsel today, at least today, I cannot answer 22 those questions, but must assert my Fifth 23 amendment, Sixth Amendment and Fourteenth Amendment 24 Right as provided by the U.S. Constitution. And 25 therefore, though I would like to answer it, lam 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 going to be required by my counsel not to. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you ask her questions about her sexual experiences and preferences? MR. PIKE: Form. THE WITNESS: Though I would like to answer your question here today, Mr. Horowitz, as I would like to answer most of your other questions here today, my counsel has advised me I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. And if I don't follow their advice, I risk losing their representation, so therefore, I'd going to have to assert those rights, though I prefer to answer the question. BY MR. HOROWITZ: Q During Jane Doe 2's visit to our home in 2004, did you unfasten her bra and MR. PIKE: Form. THE WITNESS: Though I'd like to answer that question — I would like to answer all your questions here today, I'm going to have to respond as I've done to mostly all your other questions here today, Mr. Horowitz, which is on advice of my counsel, they've advised me I must assert my Sixth Page 69 Amendment Rights, my Fifth Amendment Rights and my Fourteenth Amendment Rights under the U.S. Constitution. And if I don't do so, and I answer your question, which I would like to do, I risk losing their representation, so, therefore, I must just simply assert those rights. THE VIDEOGRAPHER: Three minutes of tape remaining. MR. HOROWITZ: Okay. Thanks. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you nib Jane Doe Ts vagina? MR. PIKE? Form. THE WITNESS: I'd like to answer that question, however, today, at least today, my counsel has advised me that I cannot answer any questions that may be relevant to your lawsuits -- BY MR. HOROWITZ: Q During -- A — and -- Q Sorry. A Excuse me. Q Go ahead. A And, though I would like to answer each and every one of your questions, I am going to have to Ns. UNIVERSAL COURT REPORTING 18 (Pages 66 to 69) ) EFTA01076667 Page 70 1 respond as I've responded to most of your other 2 questions here today, Mr. Horowitz, which is I am going 3 to have to assert my Sixth Amendment, Fourteenth 4 Amendment and Fifth Amendment Rights as provided by the 5 U.S. Constitution. I've been advised by counsel that if 6 I don't do so, I risk losing their representation. 7 Though I would like to answer, I cannot. 8 Q Durin Jane Doc 2's visit to our home in 2004, 9 did you 10 MR. PIKE: Form. 11 THE WITNESS: I would like to answer that 12 question. I would like to answer all your 13 questions here today. However, on advice of 14 counsel, they've advised me I must assert my Fifth 15 Amendment, Sixth Amendment and Fourteenth Amendment 16 Rights as provided by the U.S. Constitution. And, 17 though I would like to answer that question, I 18 cannot here today -- 19 THE VIDEOGRAPHER: I need to — 20 THE W/TNESS: — sorry — but 21 MR. PIKE: If you need to finish, go ahead. 22 THE WITNESS: — based on my counsel's advice. 23 THE VIDEOGRAPHER: Time off the record 11:59 - 24 11:19. 25 (Thereupon, a short break was taken.) Page 71 3. THE VIDEOGRAPHER: Time on the record 11:29. 2 This is Tape 2. 3 BY MR. HOROWITZ: 4 Q Sir, during Jane Doe 2's visit to your home in 5 2004, did you masturbate in front of her? 6 MR. PIKE: Fonn. 7 THE WITNESS: Mr. Horowitz, I would like to 8 answer every one of your questions here today. I 9 specifically would like to answer that question. 10 However, on advice counsel, they've advised me I am 11 going to have to assert my Fifth Amendment, Sixth 12 Amendment and Fourteenth Rights as provided by the 13 U.S. Constitution. And if I don't follow their 14 advice, I risk losing their representation, so 15 therefore, I am going to have to assert those 16 rights. 17 BY MR. HOROWITZ: 18 Q During Jane Doe 2's visit to your home in 2004, 19 did you ejaculate in front of her? 20 MR. PIKE: Form. 21 THE WITNESS: I'd like to answer the 22 question. I'd like to answer most of your other 23 questions here today, but I am going to have to 24 respond, as I've responded to most of your other 25 questions here today, which is my counsel has 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 advised me at least today — excuse me I cannot answer any questions that may be relevant to this lawsuit. And I — ill do not follow their advice, I risk losing their representation. Therefore, I am going to have to assert those rights and not respond today. BY MR. HOROWITZ: Q During Jane Doe 2's visit to ur home in 2004, did ou tell her tha A What? MR. PIKE: Form. BY MR. HOROWITZ Q A hard clit. MR. PIKE: Same objection. THE WITNESS: I would like to respond to that question. I would like to answer that question. However, I am going to have to respond, as I've responded to most of your other questions here today, because my — on advice of my counsel. they've advised me I must assert my Sixth Amendment Rights, my Fifth Amendment Rights and my Fourteenth Amendment rights as provided by the Constitution. And if I don't do so, and I answer that question, I risk losing their representation. So therefore, Page 73 1 unfortunately, Mr. Horowitz, though I would late to 2 answer it, I cannot today. 3 BY MR. HOROWITZ: 4 Q Did you have sexual contact with Jane Doe 2 at 5 your Palm Beach home in late 2004? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PIKE: Fonn, predicate, foundation. THE WITNESS: I'd very much like to answer that question, as I would like to answer most of your other questions here today. However, just like I've answered for most of your other questions, on advice of my counsel today, they've advised me that I must assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights as provided by the U.S Constitution. And, though I would like to answer it, if I do so, I risk losing their representation; therefore, I must not respond. Thank you. BY MR. HOROWITZ: Q During Jane Doe 2's visit to your home in 2004, did you pay her 5200 after you had sexual contact with her? MR. PIKE: Form. THE WITNESS: Could you repeat the question for me? BY MR. HOROWITZ: UNIVERSAL COURT REPORTING 19 (Pages 70 to 73) ) EFTA01076668 Page 74 1 Q During Jane Doe 2's visit to your home in 2004, 2 did you pay her S200 after you had sexual contact with 3 her? 4 MR. PIKE: Form. 5 THE W/TNESS: I would like to answer that 6 question — is she saying I paid her $200? Is that 7 in the allegation? 8 MR. HOROWITZ: I'm just asking the questions. 9 THE WITNESS: I know. I'm asking you to 10 clarify. Is that — is it — is it in the -- in 11 the complaint? 12 MR. HOROWITZ: I'm not allowed to answer your 13 questions today. 14 THE WITNESS: I'm sorry. 15 MR. HOROWITZ: I wish I could. 16 THE WITNESS: I'm sorry. I wish you could 17 too. Fm sure the jury would like you to answer 18 some of my questions, but today, Ill answer that 19 question — unfortunately, I would like to respond 20 to every one of your questions, every single one, 21 however, today, on advice of counsel, I cannot. 22 And, though I would like to answer each one of your 23 questions, on the advice of my counsel, I am going 24 to have to assert my Sixth Amendment, Fifth 25 Amendment and Fourteenth Amendment Rights not to Page 75 1 answer, and because — if I answer, they've advised 2 me I risk losing their representation. 3 BY MR. HOROWITZ: 4 You never asked Jane Doe 2 for permission to correct? 6 MR. PIKE: Form. 7 THE WITNESS: I would like to answer each one 8 of your questions today, each one. However, on my 9 advice of my counsel, they've advised me i cannot 10 answer any questions that may be relevant to your 11 lawsuit, or her lawsuit, or the lawsuit -- I guess 12 it's the lawsuit brought by the same — one of your 13 partners originally whose become disbarred. I 14 would like to answer it; however, I cannot. On the 15 advice of counsel, I must assert my Sixth 16 Amend nest, Fourteenth Amendment and Fifth Amendment 17 Rights as provided by the Constitution, because 18 they've advised me that If I answer those 19 questions, I risk losing their representation. 20 MR. HOROWITZ: Okay. Move to strike. 21 BY MR. HOROWITZ: 22 Q And isn't it true that Jane Doe 2 indicated to 23 you that she did not want you to touch her? 24 A I woukl like to answer - 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 THE WITNESS: Excuse me? MR. PIKE: Go ahead. THE WITNESS: Fm sorry. I would like to answer every one of your questions today, every one. However, on advice of my counsel, I cannot answer any questions that may be relevant to any of your lawsuits. And so today, on advice of counsel, I must assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights as provided by the Constitution, because if I answer these questions, I risk — they tell me, I risk losing their representation. BY MR. HOROWITZ: All ri t. Isn't it true that you touched ■ after she indicated she did not want you to touch her? MR. PIKE: Form. THE WITNESS: I would like to answer that question, as well as each and every question you've asked me here today regarding each and one of your lawsuits. However, today, on the advice of counsel, I am going to have to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights as provided by the Constitution. And, though I would like to answer that question, as all Page 77 the other questions today, I am going to have to assert those rights because I've been advised that not doing so, I might risk losing their counsel. BY MR. HOROWITZ: Q Did 0 to ersuade Jane Doe 2 that it was okay for to MR. PIKE: Form. THE WITNESS: I'd like to answer every one of your questions here today, every one. However, on advice of counsel, they've advised me that I cannot answer any questions that may be relevant to any of your lawsuits. Therefore, I am going to have to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights as provided by the Constitution because, though I would like to answer those questions — that question, as well as all the other questions you've asked me here today, I cannot do so on advice of counsel. BY MR. HOROWITZ: Q Sir, you don't deny that you sexually abused Jane Doe 2, do you? MR. PIKE: Fonn. THE WITNESS: I would like to answer that question. I'd really like to answer that question. However, I cannot on advice of counsel, 20 (Pages 74 to 77) UNIVERSAL COURT REPORTING Min (a) EFTA01076669 Page 78 Page 80 1 because they told me that I cannot answer any 2 questions that may be relevant to any of your 3 lawsuits here today. And if l do so, I risk losing 4 their representation, so, unfortunately, Mr. 5 Horowitz, I am going to have to assert those 6 rights. 7 BY MR. HOROWITZ: 8 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 9 to your home in late 2004? 10 MR. PIKE: Form. 11 THE WITNESS: Who? 12 MR. HOROWITZ: Jane Doe 3. I may ask you a few 13 more questions about ha name, so just kind of hold 14 that name in your head. 15 THE WITNESS: So ifs now not Jane Doe 2? 16 MR. HOROWITZ: Well — 17 THE WITNESS: Are these two friends? I mean, 18 these are two friends here supposedly? 19 MR. HOROWITZ: Pm not allowed to answer. 20 THE WITNESS: Oh, you can't, sorry. I guess 21 one friend supposedly brought the other 22 acquaintance — 23 BY MR. HOROWITZ: 24 Q My question — my question — 25 A Sorry. Okay. Sony. What's your question? Page 79 1 Q Put out of your mind anything else you may 2 register. Focus on my question to you. 3 A lm going to try. 4 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 3 to your home in late 2004? 6 MR. PIKE: Form. 7 THE WITNESS: Did I pay Jane Doe 3, Jane Doe 8 2's friend? Is that — sorry. Is that — 9 BY MR. HOROWITZ: 10 Q Do you know them to be friends? 11 A Fm asking you, sorry. 12 Q Fm not allowed -- 13 A You're not allowed to testify. You can't 14 testify that they're friends, okay. Fm sorry. I would 15 like to answer those questions, Mr. Horowitz. I'm sure 16 the ladies and gentlemen of the jury— these questions 17 -- these answers are pretty obvious. However, on advice 18 of counsel, I'm not going to be able to answer those 19 questions today. And, though I would like to, I'm going 20 to have to assert my Fifth Amendment, Sixth Amendment 21 and Fourteenth Amendment Rights as provided by the 22 Constitutions because my counsel has told me that if I 23 don't do so, I risk losing their — potentially risk 24 losing their representation. So, though I would like to 25 answer that question, as I understand it, I cannot. 1 BY MR. HOROWITZ: 2 Q Okay. Did you instruct to take Jane Doe 3 2's name and number for the purpose of calling her to 4 come to your house for more sexual activity? 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that question, 7 as I'd like to answer most of your other questions 8 that you've asked me here today. However, based on 9 advice of counsel, they've advised me I cannot 10 answer any questions that may become relevant to 11 any of your lawsuits. So, though I would like to 12 answer the question, Mr. Horowitz, I cannot because 13 my counsel has advised me that if I do, I risk 14 losing their representation. So, unfortunately, 15 today I caanot answer that question. 16 BY MR. HOROWITZ: 17 Q Okay. So you've asserted the Fifth Amendment 18 as to — privilege as to my questions about Jane Doe 2. 19 Is there any reason a jury should not infer from your 20 response that you sexually abused Jane Doe 2? 21 MR. PIKE: Object to the form of that question, 22 and I'm going to instruct him not to answer simply 23 because the way the question is worded, it could 24 get into attorney-client communications and 25 potentially work product I'm not quite sure I 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 understand the question. So if you'd rephrase it, possibly, if you can. BY MR. HOROWITZ: Q You've asserted a Fifth Amendment privilege to various questions I've asked you about Jane Doe 2. My question is: Is there any reason in your mind, absent anything you've spoken to with your attorney about, why the jury should not infer from your assertion of the Fifth Amendment privilege, that you in fact sexually abused Jane Doe 2? MR. PIKE: Form. THE WITNESS: Well, I believe, Mr. Horowitz, the Fifth Amendment is by the Supreme Court's ruling. Ifs, in fact, used to protect the innocent, as well as certain people that might be not guilty. So in response to that question, with the fact that Jane Doe 2 -- the jury will understand that Jane Doe 2's lawsuit brought by a partner of yours who's been disbarred, constant — after, in fact, he brought the lawsuit, well — the jury, I have a strange feeling will -- sorry -- the jury, I believe, will understand that my taking the Fifth Amendment is only as a result of my counsel advising me today that I must do so, because if I don't do so, I risk losing their representation, 21 (Pages 78 to 81) UNIVERSAL COURT G EFTA01076670 Page 82 1 though I'd like to answer each and every one of 2 your questions. 3 BY MR. HOROWITZ: 4 Q In this case are you asserting the Fifth 5 Amendment privilege because you are in fact innocent? 6 MR. PIKE: Font 7 THE WITNESS: Do you want me to answer that 8 question? 9 MR. PIKE: Form. It's — it's the same 10 objection. 11 THE WITNESS: I would like to answer that 12 question. As I said before, your partner who's 13 been disbarred after filing this lawsuit, 14 Mr. Edwards who's sitting there whose partner, in 15 fact, is sitting in jail for filing lawsuits of a 16 sexual nature against people like me and others. 17 Though I would like to answer every one of your 18 questions, every single one, my counsel has advised 19 me at least today that any question that may be 20 relevant to this lawsuit, I must assert my Sixth 21 Amendment, Fourteenth Amendment and Fifth Amendment 22 Rights, and, though I would like to answer that 23 question, as well as every other question you've 24 asked here today, I am going to have to assert 25 those rights, or lose — risk losing their Page 83 1 representation. 2 BY MR. HOROWITZ: 3 Q Okay. I am going to be asking you some 4 questions about Jane Doe 3. She's the Plaintiff in — 5 identified as Jane Doe Number 3. 1 just want you to 6 keep her name in your head so — for this series of 7 questions, okay? 8 A Yes. 9 Q Sir, isn't it true that a girl named Jane Doe 3 10 came to your Palm Beach home on multiple occasions in 11 2004? 12 MR. PIKE: Form. 13 THE WITNESS: I understand that Jane Doe 3 was 14 the girl you mentioned before who was friendly with 15 Jane Doe 2. So the two friends, I believe, you're 16 just suggesting —tow, there was a question -- oh, 17 Fm asking you to testify. I'd like to answer the 18 questions about Jane Doe 3. I'd like to answer the 19 questions about your former other client you talked 20 about, Jane Doe 2, the two friends, but I cannot 21 based on my advice of counsel just today at least. 22 Though I would like to respond in detail, I am 23 going to have to assert on their opinion their 24 advice, the Sixth Amendment, Fifth Amendment and 25 Fourteenth Amendment Rights as provided by the U.S. Page 84 1 Constitution. And, though I would like to answer 2 each and every one of your questions, I cannot do 3 so here today. 4 BY MR. HOROWITZ: 5 Q Did you ever instruct a girl named M. to 6 bring underage girls to your home for your sexual 7 pleasure? 8 MR. PIKE: Form. 9 THE WITNESS: I'd like to answer each and every 10 one of your questions here today, Mr. Horowitz, 11 regarding these lawsuits that you and your 12 disbarred partner -- your partner who's been 13 disbarred after bringing these lawsuits has 14 brought. However, though I'd like to answer that 15 question, as you probably understand, my counsel 16 who has advised me at least today, that I cannot 17 answer any questions that may become relevant or 18 may be relevant to this lawsuit, and they've 19 advised me I must assert my Sixth Amendment, Fifth 20 Amendment and Fourteenth Amendment Rights as 23. provided by the U.S. Constitution, or risk losing 22 their representation, so unfortunately, I must 23 respond that way. 24 BY MR. HOROWITZ: 25 Q Did you ever pay.. to bring you other 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 underage girls for your sexual pleasure? MR. PIKE: Form. THE WITNESS: Can you give me the question again? I'm sorry. BY OROWITZ: Qmuj the — in your mind, do you know who that is? A Pm listening. Q Well, that's my question -- it was a question. A Pm sorry, what was the question? Q Do you know who -- I mean, in your mind, you can picture who that is, right? MR. PIKE: Form, move to strike. THE WITNESS: Pm going up — MR. HOROWITZ: It's a question. MR. PIKE: What is the question? BY MR. HOROWITZ: Q Do u — in your mind, can you picture — when I say 'M.% do you know who I'm talking about? MR. PIKE: Form. THE WITNESS: I would like to answer each and every one of your questions brought here today under these lawsuits filed by you and your partner that was disbarred, but on advice of counsel here today, Mr. Horowitz, Pm going to have to assert my 22 (Pages 82 to 85) UNIVERSAL COURT REPORTING EFTA01076671 Page 86 1 Sixth Amendment, Fourteenth Amendment and Fifth 2 Amendment Rights. Though I would like to answer 3 each and every one of your questions, l cannot do 4 so today. 5 BY MR. HOROWITZ: 6 Q Did you ever pay M. to bring you underage 7 girls for your sexual pleasure? 8 MR. PIKE: Form. 9 THE WITNESS: I would like to answer each one 10 of your questions that you've been posing to me 11 today. Unfortunately, my counsel has advised mo 12 that today I must assert any of my rights under the 13 Sixth Amendment, Fifth Amendment and Fourteenth 14 Amendment to any questions that may become relevant 15 to this lawsuit brought by you and your firm and 16 your partner who's been disbarred. But I would 17 like to answer that question. However, today I 18 cannot. 19 BY MR. HOROWITZ: 20 Q Between 2000 — strike that. 21 In 2004 and 2005, did you pay Jane Doe 3 to 22 bring other minor girls to your home for your own sexual 23 gratification? 24 MR. PIKE: Form. 25 THE WITNESS: This is Jane Doe 3, the same girl Page 88 1 because they've told me I must assert my Sixth 2 Amendment, Fourteenth Amendment and Fifth Amendment 3 Rights to any question that may become relevant to 4 one of your lawsuits. So, though I would like to 5 answer that question, as the other questions you've 6 asked, I must assert those rights here today. 7 BY MR. HOROWITZ: 8 Q Sir, if you shake your head after I ask a 9 question, should we infer that you're saying 'no- to my 10 question? 11 MR. PIKE: Form. I am going to instruct him 12 not to answer that question. It — Itin -- I'm not 13 quite sure that you — what you're trying to do 14 here is you're asking a — a question. His — his 15 answer is his answer, and ifs a verbal answer, and 16 you know the rules of deposition where nods of the 17 head, shakes of the head, um-hum and un-huns arc 18 not understood by the court reporter. So his 19 answer is his verbal response, and no such gesture 20 should be interpreted in an manner that would 21 benefit your case, Mr. Horowitz. 22 MR. HOROWITZ: Okay. Well, the video will -- 23 will will be played, and persons who view the 24 video will — will determine from themselves — for 25 themselves — Page 87 1 as before, who's the friend of all of the girls you 2 keep talking about; is that what you're saying? 3 BY MR. HOROWITZ: 4 Q Is that your testimony? 5 A This is your testimony —I'm sorry — this is 6 your -- Fm trying to understand the question. 7 Unfortunately, I would like to answer that 8 question. However, on advice of counsel here today, 9 they've informed me that I must assert my Sixth 10 Amendment, Fourteenth Amendment and Fifth Amendment 11 Rights. 12 Though I would like to answer each and every 13 one of your questions, I am going to have to respond to 14 that question the same way I've responded to mostly each 15 one of your other questions here today and refuse to 16 testify. 17 BY MR. HOROWITZ: 18 Q In 2004 did you receive a phone call from 19 In which she informed you that she was bringing Jane Doe 20 3 to your home for you to engage in sexual activity? 21 MR. PIKE: Form. 22 THE WITNESS: Did I receive a call? 23 MR. HOROWITZ: That's my question. 24 THE WITNESS: I would like to answer that 25 question, however, on advice of counsel, I cannot Page 66 1 MR. PIKE: Absolutely. 2 MR. HOROWITZ: -- what to Infer from nodding -- 3 MR. PIKE: But he's not -- 4 THE REPORTER: Wait — 5 MR. HOROWITZ: — or shaking of the head. 6 MR. PIKE: Pm sorry. Correct, but he's not 7 going to answer that question. 8 MR. HOROWITZ: Okay. 9 BY MR. HOROWITZ: 10 Q Did you instruct M. to communicate by 11 telephone with II. for the purpose of arranging for 12 underage girls to come to your home to engage in sexual 13 activity? 14 MR. PIKE: Form. 15 THE WITNESS: I would like to answer each and 16 every one of your questions posed today about the 17 various lawsuits brought by you and your disbarred 18 partner -- your partner who was disbarred after 19 they filed these lawsuits. However, on advice of 20 counsel, they've told me I must assert my Sixth 21 Amendment, Fifth Amendment and Fourteenth Amendment 22 Rights as provided by the U.S. Constitution, or if 23 I testify I risk losing their representation. So, 24 though I would like to answer each one of your 25 questions, Mr. Horowitz, I cannot do so today. 23 (Pages 86 to 89) UNIVERSAL COURT REPORTING ( EFTA01076672 Page 90 1 BY MR. HOROWITZ: 2 Q Did you call — did you instruct to call 3 Jane Doe 3 by telephone to arrange for you to get a 4 massage? 5 MR. PIKE: Form. 6 THE WITNESS: Mr. Horowitz, rd like to answer 7 each and every one of your questions, but I am 8 going to have to respond today like I've responded 9 to most of your other questions asked here today. 10 I am going — by — on the advice of counsel, I am 11 going to have to assert my Sixth Amendment, 12 Fourteenth Amendment and Fifth Amendment rights not 13 to answer any questions brought by you, your fin), 3.4 your partner that was disbarred from the Florida 15 Bar after bringing these lawsuits, and I am going 16 to have to refuse to answer that question, Fm 17 sorry. 18 BY MR. HOROWITZ: 19 Q Did you inform s that the massage Jane Doe 3 20 was to give you would be sexual in nature? 21 MR. PIKE: Form. 22 THE WITNESS: I would like to answer that 23 question, but unfortunately, I am going to have to 24 answer that question as Eve answered most of your 25 other questions here today. On advice of counsel, Page 91 1 they've advised that I must assert my Sixth 2 Amendment Rights; my Fourteenth Amendment Rights 3 and my Fifth Amendment rights as provided by the 4 U.S. Constitution. And, though I would like to 5 answer these questions brought by you — you, your 6 disbarred partner, or Mr. Edwards' firm whose 7 partner sits in jail for — for what the U.S. 8 Attorney calls a criminal enterprise, I would like 9 nothing more than to answer that question, but 10 today I am going to have to assert those rights, 11 BY MR. HOROWITZ: 12 Q Did you observe speaking with IS by 13 telephone and arranging for Jane Doe 3 to come to your 14 home for a massage? 15 MR. PIKE: Form. predicate, foundation. 16 THE WITNESS: I will much — I'd very much like 17 to answer that question, like most of your other 18 questions here today; however, upon advice of 19 counsel, they've advised me I must assert my Sixth 20 Amendment, Fifth Amendment and Fourteenth Amendment 21 Rights as provided by the U.S. Constitution. And, 22 though I would like to answer each and every one of 23 your questions brought by you, your firm, your 24 partner that was disbarred after bringing these 25 claims, Mr. Edwards' firm that's been accused of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 92 creating and fabricating cases of a sexual nature against me and other people. I cannot answer that question today. BY MR. HOROWITZ: Q Did tell you that she confirmed by telephone that iane Doe 3 would be coming to your home at a specific time to give you a massage? MR. PIKE: Form. THE WITNESS: I'd like to answer that question Mr. Horowitz, as I'd like to answer most of your other questions posed here today, but as I've responded to mostly all your questions here today, on advice of counsel, they've advised me I must assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights provided by the U.S. Constitution. MR. HOROWITZ: Uh-huh. THE WITNESS: And WI don't do so, I risk losing their representation. And, though your firm and its partner that was disbarred after bringing these cases, Mr. Edwards's firm, his partner sits in the jail accused of» of the largest fraud in South Florida's history, I would like nothing more than to answer that question, but I must follow the advice of counsel, or they've told me I risk losing Page 93 their representation. BY MR. HOROWITZ: Q Since you've mentioned my partner who you describe as disbarred and you also mentioned Mr. Rodtstein's involvement, are you suggesting that Jane Doe 3 fabricated her allegations of abuse after corning into contact with one of these attorneys? A I want -- MR. PIKE: Form. THE WITNESS: I believe the jury will decide that. I believe the jury will decide that Mr. Rothstein, Mr. Edwards' partner who sits in jail, accused by the U.S. Attorney of the largest fraud in South Florida's history for crafting cases of a sexual nature, crafting, fabricating it's not my words — it's words in the paper — against people like me and others, to try to get as much money as they could according to the newspapers. I'm sorry, but I would like to answer that question asked to me before, but I cannot under advice of counsel, who've told me I must in response to any questions that may be relevant to your lawsuit, today at least, to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights under the U.S. Constitution. May I take a break or 24 (Pages 90 to 93) UNIVERSAL COURT REPORTING (a (M) I EFTA01076673 Page 94 Page 96 1 a rest? 2 MR. HOROWITZ: Yes. 3 THE WITNESS: Okay. Thank you. 4 THE VIDEDORAPliER: Time off the record 11:52. 5 (Thereupon, a short break was taken.) 6 THE VIDEOOftAPHER: Time on the record 12:00. 7 BY MR. HOROWITZ: 8 Q Sir, we have ban discussing Jane Doe 3. Was 9 it your intent during the course of Jane Doe 3's first 10 visit to your home that you would persuade, induce or 11 entice her to engage in sexual activity? 12 MR. PIKE: Form. 13 THE WITNESS: I'd like to answer that question, 14 as I'd like to answer every one of your questions 15 here today, Mr. Horowitz however, on advice of 16 counsel, I've been informed I must assert my Sixth 17 Amendment, Fourteenth Amendment and Fifth Amendment 18 Rights as provided by the U.S. Constitution. And, 19 though I'd like to answer the questions provide -- 20 asked by you, unfortunately, your — the person who 21 filed the lawsuits on your firm's behalf, your 22 partner, Jeffrey Herman, who's been disbarred after 23 they filed this lawsuit, sued by one of your other 24 clients -- one of the girls' parents because he 25 brought a lawsuit — some — some craziness — I 1 answered? 2 BY MR. HOROWITZ: 3 Q No. My earlier question was: Was it your 4 Intent to engage in sexual activity. My question now, 5 it's a very specific one — 6 A Okay. 7 Q -- during the course of Jane Doe 3's first 8 visit to your home, did you in fact persuade, induce or 9 entice ha to engage in sexual activity? 10 A I'd like to answer that question. Pd like to 11 answer every one of your questions here today, 12 Mr. Horowitz, and I think the answer is pretty obvious: 13 however, I cannot, because under advice of counsel, 14 they've advised me I must assert Fifth Amendment, Sixth 15 Amendment and Fourteenth Amendment Rights as provided by 16 the Constitution. And if I choose to answer, I risk 17 losing that representation no matter how much I'd like 18 to answer that question. 19 Q At no time did Jane Doe 3 tell you that she was 20 18 or olda, comet? 21 MR. PIKE: Fonn. 22 THE WITNESS: Pd like to answer every one of 23 your questions. Pd like to answer that question 24 specifically. However, sitting here today, I've 25 been advised by my counsel that I cannot answer any Page 95 1 would like to answer every one of your questions; 2 however, my counsel has told me I cannot today, so 3 I must assert those rights, or risk losing their 4 representation. 5 BY MR. HOROWITZ: 6 Q Sir, are you testifying that my partner was 7 sued by a -- a former client? 8 A I don't remember — I don't recall — I believe 9 the — parents, who the first was initially — 10 this is according to the newspapers -- your -- Mr. 11 Herman's clients, I believe. The other the parent — 12 the person who he represented said that in fact he never 13 represented her, but I don't have the full details. 14 BY MR. HOROWITZ: 15 Q But are you -- are you suggesting that he was 16 sued by her — by a former client? 17 A I did not 18 Q Pardon me? 19 A No, I did not. 20 Q Okay. During the course of Jane Doe 3's first 21 visit to your home, did you in fact persuade, induce or 22 entice her to engage in sexual activity with you? 23 A I just answered that question, didn't I? 24 MR. PIKE: Form. 25 THE WITNESS: Wasn't that the question I jest Page 97 1 questions that may be relevant to your -- one of 2 your lawsuits. And, though it was brought, I 3 believe, your partner that was later disbarred and 4 had some association with Mr. Edwards who's sitting 5 there with his partner who sits in jail accused of 6 ono of the largest frauds in South Florida's • 7 history. The U.S. Attorney accused his firm while 8 he's sitting there accused of being a criminal 9 enterprise, I'd like to answer each one of your 10 questions; however, my counsel has advised me today 11 that I must assert my Sixth Amendment, Fourteenth 12 Amendment and Fifth Amendment Rights, so 13 unfortunately, I cannot. 14 BY MR. HOROWITZ: 15 Q Okay. In your own mind, when Jane Doe 3 was at 16 your home, you didn't believe that she was 18 or older, 17 did you? 18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer each one of 20 your questions, Mr. Horowitz, here today, but 21 unfortunately I'm going to have to respond to that 22 question, as I've responded to most of your other 23 questions here today, which is that at least for 24 today, my counsel has advised me that I cannot 25 answer any questions that may be relevant to any 25 (Pages 94 to 97) UNIVERSAL C RT REPORTING ( ( EFTA01076674 Page 98 1 one of your lawsuits brought by your firm and your 2 partner whose — who was disbarred after they 3 brought these lawsuits, or the questions Mr. 4 Edwards might pose via his partner sitting in jail, 5 or a new jail according to the newspapers, accused 6 of the largest fraud in South Florida's history for 7 crafting cases of sexual nature against people like 8 me and others. So, though I'd like to answer that 9 question, as your other questions, unfortunately, I 10 am going to have to assert my Fifth Amendment, 11 Sixth Amendment and Fourteenth Amendment Rights as 12 provided by the U.S. Constitution. 13 BY MR. HOROWITZ: 14 Q Do you base your assertion of the Fifth 15 Amendment privilege on the fact that Jane Doe 3's 16 attorney was supposedly disbarred? 17 THE REPORTER: "Jane Doe 3's attorney was" — 18 MR. HOROWITZ: "Supposedly disbarred." 19 MR. PIKE: I am going to object. That could 20 get into attorney-client work product information. 21 I am going to instruct him not to answer that 22 question, Mr. Horowitz. 23 BY MR. HOROWITZ: 24 Q Are you — are you suggesting that Jane Doe 3 25 is lying because, in your mind, she has an attorney who 3. 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23. 22 23 24 25 Page 99 was disbarred? MR. PIKE: Form. THE WITNESS: I would let the jury decide that fact. My suggestions — I'd like to answer every one of your questions here today. I'd like to respond regarding the — her attorney that was disbarred. I'd like to answer questions with respect to Mr. Edwards' partner who sits in jail for crafting cases of a sexual nature, making allegations against people like me and others; however today, on advice of counsel, Mr. Horowitz, I am going to have to assert my — under — under advice of counsel, I am going to have assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, and Pm told that if I choose to answer that question, I risk losing their representation, so unfortunately, I cannot answer that today. BY MR. HOROWITZ: Q Is it your contention today that Scott Rothstein fabricated Jane Doe 3's lawsuit? MR. PIKE: Fain. MR. HOROWITZ: I would like to answer that question. I would like to answer -- I believe your partner, Mr. Herman, was disbarred after filing the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 100 lawsuit. I'd like to answer every one of your questions here today; however, on advice of my counsel, I'm told that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, and if I choose to answer that question. I risk losing their representation. So, though I would like to answer that question, as you probably understand, I cannot do so today. BY MR. HOROWITZ: Q When Jane Doe 3 was at your home, she told you she attended didn't she? MR. PIKE: Form. THE WITNESS: I'd like to answer every one of your questions here today. Mr. — Horowitz, right, Horowitz? MR. HOROWITZ: (Nods head). THE WITNESS: However, on advice of counsel, I cannot answer those questions. They've asked me to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. And if I choose to answer, I risk losing their representation. Though your partner after filing this lawsuit was disbarred firm the Florida Bar, the — your — the man sitting to your right, his partner sits in jail accused of the largest fraud in South Florida's Page 101 history for crafting — MR. HOROWITZ: Uh-huh. THE WITNESS: — cases of a sexual nature against me and people like me. I would like to answer those questions, but unfortunately today, I cannot do so. • BY MR. HOROWITZ: Q You were nude in front of Jane Doe 3 in 2004, weren't you? MR. PEKE: Form. MR. HOROWITZ: I'd like to answer each and every one of your questions here today, Mr. Horowitz; however, on the advice of my counsel, I cannot. They've advised me I must assert my Sixth Amendment Rights, Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, so that to any question that might be relevant to any of your lawsuits crafted by your partner, who I believe has been disbarred since filing the lawsuits, and Mr. Edwards sitting there with his partner, Mr. Rothstein, who's currently sitting in jail for crafting cases of a sexual nature against people like me and others, I'd like to answer each and every one of your questions; however today, my -- on advice of counsel, I cannot do so. UNIVERSAL COURT REPORTING 26 (Pages 98 to 101) ( ( ) EFTA01076675 Page 102 1 BY MR. HOROWITZ: 2 Q In 2004 did you instnict Jane Doe 3 to remove 3 her clothing? 4 MR. PIKE: Form. 5 MR. HOROWITZ: Can you repeat the question? 6 BY MR. HOROWITZ: 7 Q Remember we — we have been talking about Jane 8 Doe 3. 9 A I'm doing my best. 10 Q In 2004 did you instruct Jane Doe 3 to remove 11 her clothing? 12 MR. PIKE: Font 13 THE WITNESS: I would like to answer that 14 question. I would like to answer each and every 15 one of your other questions here today. However, 16 upon advice of my counsel, they've advised me I 17 must assert my Sixth Amendment, Fourteenth 18 Amendment and Fifth Amendment Rights. So, though 19 I'd Bice to answer these questions posed by you 20 your partner who's been disbarred, Mr. Edwards' 21 partner who sits in jail for crafting lawsuits of a 22 sexual nature against people like me and others — 23 so, though I would like to answer those questions 24 with great specificity, I cannot under the advice 25 of counsel, so therefore, I'm sorry. Page 103 1 BY MR. HOROWITZ: 2 Q In 2004 did you instruct Jane Doe 3 to pinch 3 your nipples and rub your chest? 4 MR. PIKE: Form. 5 THE WITNESS: N like to answer that 6 question. Id like to answer that question very much. However, on advice of counsel, they've 8 instructed me that I cannot answer any questions 9 today that may be relevant to any of your lawsuits 10 filed by you, your partner. Jeffrey Herman, that 11 was disbarred by the Florida Bar Association after 12 filing these lawsuits, questions posed by Mr. 13 Edwards and his firm whose partner sits in jail 14 accused by the U.S. Attorney of perpetrating the 15 largest fraud in U.S. history by fabricating — 16 totally fabricating cases against people like me 17 and others. Though I would like to answer those 18 questions, I am going to have to assert my Sixth 19 Amendment, Fourteenth Amendment and Fifth Amendment 20 Rights as advice of — upon advice of counsel. 21 BY MR. HOROWITZ: 22 Q In 2004 did you ask Jane Doe 3 questions about 23 her sexual experience and preferences? 24 MR. PIKE: Font 25 THE WITNESS: I'd like to answer that at...n.901 C Page 104 1 question. Id like to answer every question you've 2 asked here today. However, upon advice of counsel, 3 theyve advised me I must assert my Sixth 4 Amendment, Fifth Amendment and Fourteenth Amendment 5 Rights — so that cases brought by attorneys like 6 you and your partner, Jeffrey Herman, who held a 7 press conference on the streets outside Palm Beach, 8 he was brought — then later disbarred by the 9 Florida Bar Association -- Ed like to answer every 10 one of your questions. However, today, on advice 11 of counsel, I cannot. 12 BY MR. HOROWITZ: 13 Q In 20O4didyou for 14 your own sexual gratification? 15 MR. PIKE: Form. 16 THE WITNESS: I'd like to answer each and every 17 one of your questions posed today, Mr. Horowitz. 18 However, at least today upon advice of counsel, I 19 — I cannot answer those questions, and I — and 1 20 must assert, on advice of my counsel, my Sixth 21 Amendment, Fifth Amendment and Fourteenth Amendment 22 Flights under the U.S. Constitution. And though 23 this lawsuit brought by you and your partner who's 24 been disbarred by the Florida Bar Association after 25 bringing this lawsuit, sitting next to Mr. Edwards Page 105 1 whose partner sits in jail for bringing cases of a 2 sexual nature, fabricated cases of a sexual nature, 3 and fleecing investors out of millions of dollars 4 in South Florida, I'd like to answer each and every 5 one of your questions. However today, I cannot do 6 so upon advice of counsel. 7 BY MR. HOROWITZ: 8 Q in 2004 did you touch for 9 your own sexual gratification? 10 MR. PIKE: Form. 11 THE WITNESS: I'd like to answer that 12 question. I'd very much like to answer that 13 question, like all the other questions you've asked 14 here today, questions posed by your firm, your 15 partner, Jeffrey Herman, whose been disbarred by 16 the Florida Bar Association after bringing this 17 case, Mr. Edwards' partner, Scott Rothstein, whose 18 purpose was — according to the U.S. Attorney, ran 19 with Mr. Edwards and part of the firm, the largest 20 fraud — one of the largest frauds in South 21 Florida's history for fabricating cases, misleading 22 investors, fleecing unsuspecting investors out of 23 millions of dollars by fabricating cases of a 24 sexual nature against people like me and others. 25 However, my counsel today has advised me that I UNIVERSAL COURT REPORTING IIIIIIIIIIIII/ ( 27 (Pages 102 to 105) ( ) EFTA01076676 Page 106 1 cannot answer those questions — any questions that 2 may be relevant to any of your lawsuits. So, 3 though I would like to answer that question today, 4 I am going to have to rely on my counsel's advice. 5 BY MR. HOROWITZ: 6 Q In 2004 did you rub 7 MR. PIKE: Fonn. B THE WITNESS: Excuse me. I'd like to answer 9 that question, as I would like to answer mostly 10 every question you've asked me hem today; however, 11 upon advice of counsel, I cannot answer that 12 question. They've advised me I must assert my 13 Sixth Amendment, Fifth Amendment and Fourteenth 14 Amendment Rights against self excuse me, against 15 -- under the U.S. Constitution. And though your 16 partner, Jeffrey Herman, was disbarred after filing 17 this lawsuit, Mr. Edwards' partner sits in jail for 18 fabricating cases of a sexual nature, fleecing 19 unsuspecting Florida investors and others out of 20 millions of dollars for cases of a sexual nature 21 with — I'd like to answer your questions; however, 22 if I I'm told that if I do so, I risk losing my 23 counsel's representation; therefore, I must accept 24 their advise. 25 BY MR. HOROWITZ: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 108 assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, not to answer that question. Ed like to answer it, though your partner who brought this lawsuit has been disbarred after bringing the lawsuit. Mr. Edwards' partner who sits next to you, his partner sits in jail for fabricating cases of a sexual nature against people like me, fleecing people out of millions of dollars because this is about - about - of money. Just a money, money case. I'd like to answer those questions, Mr. Horowitz. However, my counsel today has said, I cannot answer any questions today that may be relevant to this lawsuit, and I must accept their advice, or risk losing their representation. BY MR. HOROWITZ: Q In 2004 did you ejaculate in front of Jane Doe 3? MR PIKE: Form. THE WITNESS: rd like to answer that question. However, today my counsel has advised me that I cannot answer any questions that may be relevant to your lawsuits, and Fm going to have to answer that question as I've answered most of your other questions here today. This is no different than the other questions I've had to answer where my Page 107 1 In 2004 did ou try to insert your fingers into 2 3 MR. PIKE: Form. 4 THE WITNESS: I'd like to answer that 5 question. I'd like to answer every one of your 6 questions here today; however, my counsel has 7 advised me that I cannot answer any questions that 8 may be relevant to any of your lawsuits brought by 9 you and your disbarred partner, Jeffrey Herman, or 10 the questions by Mr. Edwards' partner, Scott — his 11 firm, Scott Rothstein's fir, who -- Scott 12 Rothstein sits in jail for fabricating cases of a 13 sexual nature — excuse me — 14 MR. HOROWITZ: Continue. 15 THE WITNESS: So, though I'd like to answer 16 that question, as Pa like to answer each and every 17 one of your questions today, I cannot do so on -- 18 upon advice of counsel. 19 BY MR. HOROWITZ: 20 Q In 2004 did you masturbate in front of Jane Doe 21 3? 22 MR. PIKE: Form. 23 THE WITNESS: I'd like to answer each and every 24 one of your questions, especially that one today; 25 however, my counsel has advised me that I must Page 109 1 counsel has advised me that I have to take these 2 rights, but I prefer to answer, but if I do so, I 3 risk losing their representation. And, though 4 posed by you and your partner, Jeffrey Herman, that 5 was disbarred after filing these lawsuits, sitting 6 next to Mr. Edwards, whose partner sits in jail 7 accused of the largest - perpetrating the largest 8 - one of the largest Melds in South Florida's 9 history, accused by the U.S. Attorney of being a 10 his firm of being a criminal enterprise, I'd like 11 to answer each and every one of your questions; 12 however, today under the advice of counsel, I 13 cannot 14 BY MR. HOROWITZ: 15 Q Did you have sexual contact with Jane Doe 3 16 during a massage in 2004? 17 MR. PIKE: Form. 18 THE WITNESS: I'd like to answer that question, 19 as I'd like to answer each and every one of your 20 other questions here today. However, upon the 21 advice of counsel, I cannot. And they've asked me 22 that -- they've required me to assert my Sixth 23 Amendment, Fourteenth Amendment and Fifth Amendment 24 Rights as provided by the U.S. Constitution. 25 Though your firm's partner sits disbarred -- 28 (Pages 106 to 109) UNIVERSAL COURT REPORTING EFTA01076677 Page 110 1 Jeffrey Herman is disbarred after he brought this 2 case, Mr. Edwards' partner sits in jail accused by 3 the I Attorney of perpetrating the largest fraud 4 in U.S. or south Florida's history for fabricating 5 cases of a sexually charged nature against me and 6 people like me. So, though I would like to answer 7 your questions with specificity, Mr. Horowitz, I 8 cannot do so here today upon advice of counsel. 9 BY MR. HOROWITZ: 10 Q During her first visit in 2004 to your home, 11 did you pay $200 to Jane Doe 3 after you had sexual 12 contact with her? 13 MR. PIKE: Form. 14 THE WITNESS: I'd like to answer that 15 question. I'd really like to answer that 16 question. I cannot do so, however, because my 17 counsel has told me that I cannot answer any 18 questions relevant — that may be relevant to any 19 of your lawsuits filed by you and your partner, 20 Jeffrey Herman, who was disbarred — disbarred by 21 the Florida Bar Association after filing these 22 lawsuits, or Mr. Edwards' partner who sits in jail 23 accused of perpetrating one of the largest frauds 24 in South Florida's history, fleecing South Florida 25 investors of millions of dollars by crafting, Page 111 1 fabricating and falsely creating cases of a sexual 2 nature against people like me and others in order 3 to simply gain money. So, though I'd like to 4 answer your questions, Mr. Horowitz, I am going to 5 have to answer this question, as I've answered most 6 of your questions here today, which is on the 7 advice of counsel I cannot answer. 8 BY MR. HOROWITZ: 9 You never asked Jane Doe 3 for permission to 10 did you? 11 MR. PIKE: Form, asked and answered. 12 THE WITNESS: I'd like to answer that question, 13 as I would like to answer most of your other 14 questions here today. However, upon advice of my 15 counsel -- excuse me -- they've instructed me that 16 I must assert my Sixth Amendment, Fourteenth 17 Amendment and Fifth Amendment Rights of provided 18 by the U.S. Constitution. And, though you, your 19 partner, Jeffrey Herman — excuse me — who was 20 disbarred by the Florida Bar Association after 21 filing this case and your other cases, or Mr. 22 Edwards' partner who sits in jail — sits in jail, 23 accused of perpetrating one of the largest frauds 24 in Florida's history by maliciously fabricating 25 cases of a sexual nature against me and other Page 112 1 people like me. So as you might imagine, I would 2 like to answer these questions, but like the other 3 questions I've asked — I've answered here today, I 4 am going to have to accept my attorney's counsel or 5 risk losing their representation. 6 BY MR. HOROWITZ: 7 Q In fact, sir, Jane Doe 3 indicated to you that 8 she did not want you to isn't that 9 correct? 10 MR. PIKE: Fonn. 11 THE WITNESS: I'd like to answer all your 12 questions here today, Mr. Horowitz. I would really 13 like to answer that question specifically. 14 However, as I sit here today, my counsel has 15 advised me that I must assert my Sixth Amendment 16 Rights, my Fourteenth Amendment Rights and my Fifth 17 Amendment Rights as provided by the U.S. 18 Constitution. So, though you and your partner. 19 Jeffrey Herman, who filed this lawsuit, held a 20 press conference in Palm Beach months before he 21 became disbarred -- disbarred — he's no longer an 22 attorney is my understanding now, but he was 23 disbarred by the Florida — the Florida Bar 24 Association, or Mr. Edwards' partner who sits in 25 jail accused of fabricating cases strictly to get 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 113 money from Florida investors, from Florida people, I'd like to answer each and every one of your questions, Mr. Horowitz, but today, on advice of counsel, I cannot. BY MR. HOROWITZ: as se a in ...Me t Q Sir, you touched while she w you she dad not want you to touch her; isn't that right? MR. PIKE: Form, asked and answered. THE WITNESS: I'd lila to answer each and every one of your questions today, Mr. Horowitz, however, upon advice of my counsel I cannot. They've asked me -- they've required me to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights as provided by the U.S. Constitution to any questions that may be relevant, or may become relevant to this lawsuit. So, though your partner was disbarred after you filed this claim, or your firm filed this claim, Mr. Edwards who sits next to you, his partner sits in jail, so I'd like to answer each one of these questions. However, today, on the advice of counsel, I cannot. BY MR. HOROWITZ: Q Did you try to persuade Jane Doe 3 that it was okay for you to 29 (Pages 110 to 113) UNIVERSAL COURT REPORTING (IIIII) EFTA01076678 Page 114 Page 116 1 MR. PIKE: Form. 2 THE WITNESS: I would like to answer each and 3 every one of your questions here today, 4 Mr. Horowitz, however, upon advice of counsel, I'm 5 — they've required me to assert my Fourteenth 6 Amendment, Sixth Amendment and Fifth Amendment 7 Rights as provided by the U.S. Constitution. So, 8 although I would like to answer that question, and 9 respond to questions posed by you, for, I guess, 10 your partner, Mr. Herman, who has been disbarred by 11 the Florida Bar Association after filing these 12 cases, disbarred, or Mr. Edwards' partner who sits 13 next to you, has filed other cases where his 14 partner sits in jail for fabricating cases, trying 15 to get money from Florida investors, I'd lace to 16 answer each one of your questions here today Mr. 17 Horowitz, but upon advice of counsel, they've 18 advised me that if I do so, I risk losing their 19 representation, so I must accept their advice. 20 BY MR. HOROWITZ: 21 Q Mr. Epstein, you don't deny that you sexually 22 abused Jane Doe3 when she was a child, do you? 23 MR. PIKE: Form. 24 THE WITNESS: I would like to answer every one 25 of your questions here today, Mr. Horowitz, but 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PIKE: Form, asked and answered. THE WITNESS: I would like to answer every one of your questions, Mr. Horowitz, posed here today. Unfortunately, I guess, your — your other partner who filed these lawsuits has been disbarred in the interim by the Florida Bar Association, so he's not here today. However, I'd like to answer those questions, but my counsel has told me that I have to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights as provided by the U.S. constitution. So, though I would like to answer your questions, Mr. Edwards' questions whose partner sits in jail for perpetrating one of the largest frauds in South Florida's history, accused by the U.S. Attorney — his firm accused by the U.S. Attorney is now -- the firm is bankrupt by perpetrating the -- one of the largest frauds in South Florida's history and being called a criminal enterprise by the current South Florida's U.S. Attorney, I would like to answer every one of your question, very much so, however, my -- on advice of counsel, I cannot do so here today. BY MR. HOROWITZ: Q Sir, is there any reason in your mind that a jury should not infer from your assertion of the Fifth Page 115 1 like in response to most of your other questions 2 here today, I cannot. On the advice of counsel, 3 they've told me I must accept their advice or risk 4 losing their representation. They've advised me 5 that I must assert my Sixth Amendment, Fourteenth 6 Amendment and Fifth Amendment rights. So, though 7 your partner, Jeffrey Herman, was disbarred after 8 filing these cases, disbarred, no longer an 9 attorney, Mr. Edwards' partner who sits to your 10 right, his partner sits in. I believe, Saint Luck 11 Jail according to today — today's newspaper, 12 accused of perpetrating the largest fraud in South 13 Florida history against people like me, crafting. 14 fabricating, malicious sexually charged -- cases of 15 a sexually charged nature in order to fleece 16 investors, I would like to answer that question. 17 However today, I must accept my client's — 18 attorney's advice. 19 BY MR. HOROWITZ: 20 Q Mr. Epstein, did you instruct to take Jane 21 Doe 3's name and telephone number for the purpose of 22 calling her home - strike that. 23 Did you instruct It to take Jane Doe 3's name 24 and telephone number for the purpose of calling Jane Doe 25 3 to come to your home for sexual activity? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 117 Amendment privilege, that you sexually abused Jane Doe 3 when she was a child? MR. PIKE: Form, speculation, calls for a legal conclusion. THE WITNESS: The Supreme Court has said that the Fifth Amendment should be used by people who are innocent, Mr. Horowitz. That's one of the benefits of the Fifth Amendment. My counsel has advised me I cannot answer your questions here today, though I'd like to. I'm sure this — these soft of embarrassing questions posed for the jury where your partner has been disbarred since filing this claim, or Mr. Edwards' partner who sits in jail probably for the rest of his life for crafting cases of a sexual nature to fleece people for -- of money, just money, money, money. His firm is bankrupt. So, yes, Pd like to answer these questions, and all your questions here today, but unfortunately, on advice of counsel, I cannot. BY MR. HOROWITZ: Q Sir, are you asserting your Fifth, Sixth and Fourteenth Amendment privileges because you're innocent? Is that what you're telling us? MR. PIKE: Form. THE WITNESS: I would like to answer every one UNIVERSAL COURT REPORTING 30 (Pages 114 to 117) ( ) EFTA01076679 Page 118 1 of your questions posed by you, your partner, Mr. 2 Herman, who's been disbarred by the Florida Bar 3 after filing this claim, Mr. Edwards' partner who 4 sits in jail, his firm accused by the U.S. Attorney 5 — accused by the U.S. Attorney of being a criminal 6 enterprise, for fleecing South Florida investors 7 out of millions of dollars by crafting, malicious, 8 fabricated cases of a sexual nature against people 9 — other people me and others, I would like to 10 answer each and every one of your questions. 11 However today, on advice of counsel, I cannot 12 answer any of your questions that may be relevant 13 to this lawsuit. 14 BY MR. HOROWITZ: 15 Q Sir, you know I also represent Jane Doe Number 16 4, do you understand that? 17 MR. PIKE: Form. 18 THE WITNESS: Yes. 19 BY MR. HOROWITZ: 20 Q Okay. Isn't it true, sir, that a girl named 21 Jane Doe 4 came to your Palm Beach home on multiple 22 occasions between 2003 and 2005? 23 A Could we take a break? Is that it? 24 Q I would like you to answer that question. 25 A Sony. I'd like to answer that question. I'd Page 119 1 like to answer every question you've posed here today 2 about you — about these girls you say came to my 3 house. However, on advice ofcounsel, I cannot answer 4 that question today. I have to assert, on the advice -- 5 my Sixth Amendment, Fifth Amendment and Fourteenth 6 Amendment Rights. 7 rd like to answer that question about Jane Doe 8 4, and I believe she was represented by your partner, 9 Jeffrey Herman, who after representing her was disbarred 10 by the Florida Bar Association. 11 Mr. Rothstein — or Mr. Edwards' partner, 12 Mr. Rothstein, who sits in jail accused by the Florida 13 U.S. Attorney of running a criminal enterprise in 14 Mr. Edwards' firm, fabricating malicious cases to fleece 15 investors out of millions of dollars, fabricating cases 16 of a sexual nature, I would like to answer every one of 17 your questions here today. However, on advice of 18 counsel, I cannot do so. 19 MR. HOROWITZ: Did you want that break now? 20 THE WITNESS: Yes, please. 21 MR. PIKE: No, actually before we take a 22 break — 23 MR. HOROWITZ: Okay. 24 MR. PIKE: - my understanding was, is that you 25 wanted to take a break around 12:30 or 12:45 for Page 120 1 lunch. It is 12:35 right now. If you want to keep 2 going for another 10 minutes, we'll go for another 3 10 minutes, or if you want to just break now for 30 4 minutes, go grab something to eat, and then come 5 back 6 MR. HOROWITZ: Yeah. I mean, this line of 7 questioning is going to be more than 10 minutes, so 8 I would suggest we take our break now. 9 MR. PIKE: You want to take lunch right now? 10 MIL HOROWITZ: Yeah. 11 MR. PIKE: Okay. 12 THE WITNESS: All right. Thank you. 13 THE VIDEOGRAPHER: Time off the record 12:30. 14 (Thereupon, a lunch break was taken.) 15 THE VIDEOGRAPHER: Time on the record 1:11. 16 This is Tape 3. 17 BY MR. HOROWITZ: 18 Q Mr. Epstein, did you pays $200 to bring a 19 girl named Jane Doe 4 to your home so that you could 20 engage Jane Doe 4 in sexual activity? 21 MR. PIKE: Form. 22 THE WITNESS: Mr. Horowitz, I'd like to answer 23 that. I am going to have to answer that question, 24 as I've answered most of your questions here today, 25 which is upon advice of counsel, I am going to have Page 121 1 to assert my Sixth Amendment, Fourteenth Amendment 2 and Fifth Amendment Right, though I'd like to 3 answer that question. 4 I'd also like to correct some of the — a 5 previous statement I made regarding your partner 6 that he had been disbarred. I understand he wasn't 7 disbarred, but he was simply suspended for improper 8 behavior, suspended by the Florida Bar. So I would 9 like to make the correction that he's not totally 10 disbarred, but he's no longer practicing for the 11 time being. So but on advice of counsel, at 12 least with respect to this question, or any 13 question that may be relevant to this lawsuit, my 14 counsel has told me I must assert those rights. 15 BY MR. HOROWITZ: 16 Q Okay. And if I'm hearing you correct, your 17 testimony that Mr. Herman was disbarred is — was 18 erroneous; is that right? 19 MR. PIKE: Form. 20 THE WITNESS: My testimony that your partner 21 who filed these lawsuits was disbarred seems to be 22 incorrect. He was -- according to what I was told, 23 he has only been disbarred for his greatly improper 24 behavior, but — and so he— one day he will, in 25 fact, be practicing law again in South Florida — UNIVERSAL COURT REPORTING 31 (Pages 118 to 1 2 1) ) EFTA01076680 Page 122 Page 124 1 MR. HOROWITZ: Okay. 2 THE WITNESS: — unlike Mr. Edwards' partner 3 who currently sits in jail for perpetrating one of 4 the largest frauds in South Florida's history. 5 BY MR. HOROWITZ: 6 Q Okay. I'm glad we got that squared away. 7 Did you pay Jane Doe 4 to bring other minor 8 girls to your home for your own sexual gratification? 9 MR. PIKE: Form. 3.0 THE WITNESS: That question I believe would — 11 is — is I would like to answer that question. 12 Unfortunately, my counsel has advised me that I 13 cannot answer any questions today that may become 14 relevant to any of your lawsuits filed by you and 15 your currently suspended partner, suspended by the 16 Florida Bar, or answer questions relevant to Mr. 17 Edwards who is sitting on your right, his firm's 18 partner who's sitting in jail for fabricating cases 19 of a sexual nature against people like me and 20 others. 21 I'd like to answer -- as you might imagine, I'd 22 like to answer these questions, but I risk losing 23 my counsel if you do so, so I must accept their 24 advice today. 25 BY MR. HOROWITZ: Page 123 1 Q Mr. Epstein, at any time before May2005, did 2 you receive a phone call from M. that she was bringing 3 Jane Doe 4 to your home so that Jane Doe 4 could give 4 you a massage? 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that question, 7 but unfortunately, I am going to have to answer 8 that question as I've answered most of your 9 questions here today, Mr. Horowitz, which is upon 10 advice of counsel, they've told me I cannot answer 11 your questions no matter how much I want to. They 12 told me I have to assert my Sixth Amendment, Fifth 13 Amendment and Fourteenth Amendment Rights. 14 Though you're currently suspended -- I keep 15 saying "disbarred; but I'm not a lawyer, so I 16 don't really understand the difference between 17 disbarred and suspended -- he seems to be only 18 suspended by the Florida Bar, I — I cannot answer 19 that question today upon advice of counsel. 20 BY MR. HOROWITZ: 21 Q Okay. Sir, at any time before May 2005 did 22 you instruct M. to place a telephone call to M., so 23 that E. could arrange for Jane Doe 4 to come to your 24 home for sexual activity with you? 25 MR. PIKE: Form. 1 THE WITNESS: I'd like to answer that 2 question. I'd lute to answer every specific -- 3 every question you've asked me here today, but I am 4 going to have to respond as I've done with most of 5 your questions here today, Mr. Horowitz which is 6 that upon advice of counsel, I am going to have to 7 assert my Sixth Amendment Rights, my Fourteenth 8 Amendment Rights and my Fifth Amendment Rights. 9 Though I'd like to answer the question, though I'm 10 sure the jury will understand your partner has been 11 suspended from practicing law in the State of 12 Florida, Mr. Edwards' partner is in jail for 13 fabricating cases of a sexual nature, so, though 14 I'd like to answer that question as your other 15 questions today with specificity, my counsel has 16 advised me that if I do so, I risk losing their 17 representation, so I must decline to answer. 18 BY MR. HOROWITZ: 19 Q Did you inform fl that the massage Jane Doe 4 20 was to give you would be sexual in nature? 21 MR. PIKE: Form. 22 THE WITNESS: I'd like to answer that question, 23 just like rd like to answer each and every one of 24 your questions here today, Mr. Horowitz 25 Unfortunately, my counsel has advised me I cannot Page 125 1 answer any questions that may become relevant to 2 this lawsuit, or any of the lawsuits filed by you, 3 or your partner that's been suspended by the 4 Florida Bar from practicing law in the State of 5 Florida after he's had conferences, held public 6 conferences accusing me of things, of Mr. Edwards' 7 partner who sits in jail probably for the rest of 8 his life for fabricating cases against people like 9 me and others. So, though rd like to answer that 10 question, Tm going to have to answer that question 11 as I've answered most of your questions here today, 12 which is upon advice of counsel, I must refrain 13 from answering. 14 BY MR. HOROWITZ: 15 Q Did you either observe or overhear ■ 16 speaking with S making arrangements for Jane Doe 4 to 17 come to your home for sexual activity? 18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer that 20 question. Ed really like to answer that 21 question. However, today, my counsel has advised 22 me that I cannot. And they've advised me I must 23 assert my rights under the Sixth Amendment, 24 Fourteenth Amendment and Fifth Amendment of the 25 U.S. constitution. So, though I'd like to answer UNIVERSAL COURT REPORTING 32 (Pages 122 to 125) ) EFTA01076681 Page 126 1 questions posed by you, your partner that's been 2 suspended by the Florida Bar after filing these 3 types of cases, cases against me, Mr. Edwards who 4 sits next to you, his partner in jail for filing 5 cases, fabricating cases of a sexually charged 6 nature against me and others. The U.S. Attorney 7 has accused his firm, his former firm, the firm he 8 left now because the firm went bankrupt, for being 9 a criminal enterprise, perpetrated one of the 10 largest frauds in South Florida's history, fleecing 11 investors out of millions and millions of dollars. 12 Pd like to answer each and every one of your 13 questions, but my counsel has advised me today that 14 I cannot. 15 BY MR. HOROWITZ: 16 Q Prior to May 2005 didn't you instruct Jane Doe 17 4 to place phone calls to you on your home phone in 18 order to schedule visits to your home? 19 MR PIKE: Form. 20 THE WITNESS: I'd like to answer each one of 21 your questions here today, Mr. Horowitz, that 22 question specifically. However, my counsel has 23 advised me that today I cannot, and he advised me I 24 must assert my Sixth Amendment Rights, my 25 Fourteenth Amendment Rights and my Fifth Amendment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 128 counsel. Do you need me to repeat that question to refresh your recollection? A Yes, please. Q Prior to May 2005 did you ever observe M. speaking with Jane Doe 4 by telephone to arrange for Jane Doe 4 to come to your home to give you a massage? A I would like to answer that question -- I assume this is the Jane Doe 4 who in her testimony wrote a note to me that said "fora good time, call Jane Doe 4." I assume that's the same Jane Doe 4. Unfortunately, I'd like to answer all your questions with specificity today, Mr. Horowitz. However, on advice of counsel, I cannot. Q "Good time A Excuse me? Q Continue, please. A So, therefore, the — and 1 represent — I understand you represent Jane Doe 4. I understand your partner that's been suspended by the Florida Bar who represented Jane Doe 4 in this case — Pd like to answer each one of your questions with respect to Jane Doe 4. However, I cannot based on advice of counsel, and I must assert at their request my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights under the U.S. Constitution. Page 127 1 Rights. So, though Ed would like to answer 2 questions posed by you, your partner who has been 3 suspended by the Florida Bar, Mr. Edwards' partner, 4 Scott Rothstein, that many people have read about, 5 has perpetrated the largest fraud in Florida 6 history, specifically for fabricating such cases of 7 a sexual nature, fabricating malicious cases in 8 order to get money, money, money from people here 9 in South Florida. I'd like to answer each and 10 every one of your questions, however, upon advice 11 of my counsel, they've advised me today I cannot do 12 so. 13 BY MR. HOROWITZ: 14 Q Prior to May 2005 did you ever observe ■ 15 speaking with Jane Doe 4 by telephone to arrange for 16 Jane Doe 4 to come to your home so that Jane Doe 4 could 17 give you a massage? 18 THE WITNESS: May I— excuse me, may I have a 19 moment with my attorney? 20 MR. HOROWITZ: Yes. 21. THE VIDEOGRAPHER: Time off the record 1:20. 22 (Thereupon, a short break was taken.) 23 THE VIDEOGRAPHER: Time on the record I:23. 24 BY MR. HOROWITZ: 25 Q Mr. Epstein, you had a moment to speak with 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 129 Q When is it that you believe Jane Doe 4 wrote you the message you just referred to? MR. PIKE: Form. THE WITNESS: You know, I'd like to answer all those questions with respect to the note that she testified to that she wrote saying "for a good time call Jane Doe 4." However, on advice of counsel, I cannot answer any questions that may be relevant to this lawsuit. I'd like to answer each one of your questions, but as I've done with most of your other questions here today, or those to be posed by Mr. Edwards whose partner sits in jail probably for the rest of his life to try to get money from residents of South Florida, and the biggest fraud in South Florida's history, called by the U.S. attorney a criminal the firm is called a criminal enterprise, and I'd like — so I'd surely like to answer your question, Mr. Horowitz, regarding Jane Doe 4, and — however, on advice of counsel at least today, I cannel. BY MR. HOROWITZ: Q Sir, you said that Jane Doe 4 testified that she had written a note to you. Is — was that truthful testimony? You acknowledge that she did write such a note? UNIVERSAL COURT REPORTING 33 (Pages 126 to 129) ( ) EFTA01076682 Page 130 1 MR. PIKE: Form. 2 THE WITNESS: Mr. Horowitz, I'd like to answer 3 each and every one of your questions. However, on 4 the advice of counsel, I can't answer any of your 5 questions with respect to the note that she 6 testified she wrote. I can't answer any questions 7 separate from — that may be relevant to your 8 lawsuit. I can't answer any questions posed by 9 you, the attorney sitting next to you whose partner 10 sits in jail, your former partner suspended or -- 11 for improper behavior after filing this lawsuit, 12 and suspended by the Florida Bar. rd Ince to 13 answer every question you ask. However today, 14 Mr. Horowitz, I cannot because my counsel is 15 telling me if I - if t do, I risk losing their 16 representation. 17 BY MR. HOROWITZ: 18 Q You've read the deposition transcript of Jane 19 Doe 4; is that comet? 20 MR. PIKE: Form. 21 THE WITNESS: You know, again, Mr. Horowitz, I 22 would like to answer every one of your questions; 23 however, my counsel has told me I cannot. They 24 told me 1 must assert my Fifth Amendment, Sixth 25 Amendment and Fourteenth Amendment Rights under the Page 132 1 must assert my Sixth Amendment, Fourteenth 2 Amendment and Fifth Amendment Rights. So then my 3 — I would like to answer questions posed by you. 4 I know your partner could not be here since he was 5 suspended by the Florida Bar after filing these 6 cases, after holding press conferences he was 7 suspended by the Florida Bar. Mr. Edwards, who 8 sits on your right, his partner is sitting in jail, 9 I'd like to answer every one of your questions. 10 However, my counsel said at least today, I cannot 11 So I must accept their advice or risk losing their 12 representation. 13 BY MR. HOROWITZ: 14 Q Did tell you that she confirmed by 15 telephone that Jane Doe 4 would be coming to your home 16 at a specific time to give you a massage? 17 MR. PIKE: Form. 18 THE WITNESS: Again. I'm sorry, could you 19 repeat the question? 20 BY MR. HOROWITZ: 21 Q Did M. tell you that she had confirmed by 22 telephone with Jane Doe 4 that Jane Doe 4 would be 23 coming to your home at a particular time to receive a 24 massage? 25 MR. PIKE: Form. Page 131 1 U.S. Constitution. So in response to that 2 question, as in response to most of your other 3 questions here today, no matter how much I would 4 like to answer those questions, answer those 5 questions specifically with respect to Jane Doe 4 6 and the -- your former partner — wait as a 7 current partner, you won't tell me -- but your 8 partner who brought the lawsuit who the Florida Bar 9 suspended for improper behavior, Mr. Edwards' 10 partner who sits in jail for fabricating cases, 11 stealing millions of dollars from unsuspecting 12 Florida investors, rd like to answer every one of 13 your questions. However, my counsel told me today 14 that I cannot answer any questions that may be 15 relevant to the lawsuit. 16 BY MR. HOROWITZ: 17 Q Prior to May 2005 did you instruct M. to get 18 Jane Doe 4's phone number, so that M. could 19 communicate with Jane Doe 4 to schedule Jane Doe 4 for 20 massages with you? 21 MIL PIKE: Form. 22 THE WITNESS: rd like to answer that 23 question. I would like to answer your other 24 questions posed here today. However, my -- on 25 advice of counsel, they've instructed me that I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 133 THE WITNESS: I assume when you say "Jane Doe 4," this is Jane Doe 4, a girl who testified that she wrote a note to me that said "for a good time, call Jane Doe 4." I assume that's the same Jane Doe 4. I'd like to answer all questions about Jane Doe 4, her notes, anything that she said. However, my attorneys told me I cannot, and they advised me I must assert my rights under the Sixth Amendment, Fourteenth Amendment and Fifth Amendment, though your partner who filed the lawsuit was suspended by the Florida Bar after filing the lawsuit, holding press conferences. Mr. Edwards' partner sits in jail for fabricating cases of a sexual nature against me and others. So, though I would like to answer those questions, as you might imagine, Mr. Horowitz, is I'd like to answer -- unfortunately, as I've had to answer most of your questions here today, I cannot under advice of counsel. BY MR. HOROWITZ: Q Was it your intent during the course of Jane Doe 4's visits to your home that you would persuade, induce or entice her to engage in sexual activity with you? MR. PIKE: Form. 34 (Pages 130 to 133 ) UNIVERSAL COURT REPORTING EFTA01076683 Page 134 1 THE WITNESS: Well, I assume this the Jane Doe 2 4 who wrote a note to me, according to her 3 testimony that said, "for a good time, call Jane 4 Doe 4." !assume that's the same Jane Doe 4 you're 5 referring to. 6 Unfortunately, your partner couldn't be here 7 referring to it because he's been suspended by the 8 Florida Bar after filing Jane Doe 4's case. 9 Mr. Edwards' partner can't be here because he's 10 in jail for filing cases of a malicious nature, of 11 sexual cases, fabricated cases. The U.S. Attorney 12 Has referred to the entire firm as a criminal 13 enterprise, a criminal enterprise of the large — 14 purporting to have the largest fraud in South 15 Florida's history. So, though I would like to 16 answer each one of your questions, on advice of 17 Counsel today, I cannot. 18 BY MR. HOROWITZ: 19 Q During the course of Jane Doe 4's visits to 20 your home, did you in fact persuade, induce or entice 21 her to engage in sexual activity with you? 22 A I'd very much like to answer each one of your 23 questions here today, Mr. Horowitz. However, as I've 24 done for mostly all of your other questions, on advice 25 of counsel, they've told me I cannot answer those Page 135 1 questions. rd love to answer the questions directly to 2 you. 3 I'd like to answer the questions to your 4 partner, Jeffrey Herman. Jeffrey Herman who was — 5 after he filed this Jane Doe 4 case against me -- was 6 suspended by the Florida Bar for improper behavior, or 7 Mr. Edwards' partner who sits in jail. I much prefer to 8 be talking to them. However, I cannot answer questions 9 to you, and on advice of counsel, I must assert my 10 rights, or risk losing their representation. 11 BY MR. HOROWITZ: 12 Q You know that Jane Doe 4 was younger than 18 13 when she came to your home in 2003 and 2004, correct? 14 MR. PIKE: Form. 15 THE WITNESS: I'd like to answer that 16 question. I'd like to answer each and every one of 17 your questions. However, on advice of counsel, 18 they've instructed me that I cannot answer any 19 questions that may be relevant to any of your 20 lawsuits brought by either you, your partner that's 21 been suspended by the Florida Bar for improper 22 behavior, Mr. Edwards, who sits to your right, 23 whose partner sits in jail for bringing fabricated 24 cases of a sexual nature against people like me and 25 others, called — his firm called a criminal Page 136 1 enterprise by the U.S. attorney for stealing 2 millions of dollars from South Florida residents. 3 I'd like to answer every one of your questions. 4 However, today, under advice of counsel, I cannot. S BY MR. HOROWITZ: 6 ane Doe 4 told ou that she attended 7 when she was in your home; is 8 that right? 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to answer that 11 question. I'd lice to answer every question you've 12 asked me here today. However, upon advice of 13 counsel at least today, I cannot, according to 14 their advice, answer any questions that may be 15 relevant to this lawsuit — excuse me — I would 16 prefer to have had your partner, Jeffrey Herman, 17 who — who I actually believe filed the suit, but 18 he's been disbarred in the interim — I'm sorry, 19 not disbarred. He's been suspended. I'm not 20 really sure what the difference is, but he's been 21 suspended from practicing law, while Mr. Edwards' 22 partner sits in jail for fabricating cases of a 23 sexual nature against people like me and others. 24 So, though I would like to answer that question, as 25 you probably understand, on the advice of counsel Page 17 1 today,lcannot. 2 BY MR. HOROWITZ: 3 Q Isn't it true, sir, that on multiple occasions 4 Jane Doe 4 discussed her activities at 5 with you? 6 MR. PIKE: Form. 7 THE WITNESS: Again? 8 BY MR. HOROWITZ: 9 Q Isn't it true, sir, that on multiple , asi On \ 10 Jane Doe 4 discussed her activities at 11 with you? 12 MR. PIKE: Form. 13 THE WITNESS: 14 me? 15 MR. HOROWITZ: Yes. 16 THE WITNESS: I don't understand the question. 17 BY MR. HOROWITZ: 18 Q Okay. You know, in your mind, who Jane Doe 4 19 is, correct? 20 MR. PIKE: Form. 21 THE WITNESS: lane Doe 4 is the one girl you 22 told - I believe was the one who testified that 23 she wrote a note to me that said "for a good time, 24 call Jane Doe 4." Is that the Jane Doe 4 -- you 25 can't testify, I'm sorry. Yes, I believe that's with afeme••• UNIVERSAL COURT REPORTING 35 (Pages 134 to 137) ) EFTA01076684 Page 138 Page 140 1 coma. 2 BY MR. HOROWITZ: 3 Q Is it your testimony that Jane Doe 4 did not 4 write such a note after a massage at your house? 5 MR. PIKE: Form. 6 THE WITNESS: Which question would you like me 7 to answer, the first one or -- 8 MR. HOROWITZ: The one I just asked. 9 THE WITNESS: I'd like to answer every question 10 with respect to everything with respect to Jane Doe 11 4, every single thing. However, my attorneys today 12 told me that I cannot, and they instructed me to 13 assert the Sixth Amendment, Fourteenth and Fifth 14 Amendment. 15 BY MR. HOROWITZ: 16 Q Isn't it true that Jane Doe 4 larl 17 discussed with you her activities at 18 19 MR. PIKE: Form. 20 THE WITNESS: My attorneys told me that, though 21 I'd like to answer that question, as I'd like to 22 answer all your other questions, I have to answer 23 it the same way I've answered the others, which is 24 asserting my Sixth Amendment, Fourteenth Amendment 25 and Fifth Amendment Rights. Page 139 1 BY MR. HOROWITZ: 2 Q Jane Doe 4 told you she could not travel with 3 you OM -H. overseas because she was not yet 18; isn't 4 that true? 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that 7 question. I'd hire to answer every one of your 8 questions. However, my attorneys today have 9 instructed me, at least for today, I can't answer 10 any questions that may become relevant to your — 11 one of your lawsuits brought by your firm and at — 12 your partner that's been suspended by the Florida 13 Bar. 14 BY MR. HOROWITZ: 15 Q Between 2003 and May 2005, were you ever nude 16 in front of Jane Doe 4? 17 MR. PIKE: Form. 18 THE WITNESS: I would like to answer that 19 question. Pd late to answer every one of your 20 questions here today. However, my attorneys, who 21 have advised me, that I cannot answer any questions 22 that may be relevant to this or any of your other 23 lawsuits brought by you and your partner that was 24 suspended from the practice of the law in Florida, 25 so I must respectfully decline. 1 BY MR. HOROWITZ: 2 Q Between 2003 and May 2005, did you ever 3 instruct Jane Doe 4 to remove her clothing? 4 MR. PIKE: Form. 5 P. S: Again, I would like to answer 6 every one of your questions, every one, every 7 specific one, but my attorneys have advised me that 8 today at least, I cannot answer any questions 9 relevant, or may be relevant to your lawsuit. 10 Theyve instructed me thatlmust assert my Sixth 11 Amendment, Fourteenth Amendment and Fifth Amendment 12 Rights. So, though I'd like to answer the 13 question, Mr. Horowitz, I cannot do so. 14 BY MR. HOROWITZ: 15 Q Between 2003 and May 2005, did you instruct 16 Jane Doe4 to pinch your nipples — 17 MR. PIKE: Form. 18 BY MR. HOROWITZ: 19 Q and rub your chest? 20 MR. PIKE: Same objection. 21. THE WITNESS: Is it — is it one or the other? 22 MR. HOROWITZ: It's both. 23 THE WITNESS: I see. No. I would- 24 BY MR. HOROWITZ: 25 Q No you did not, sir? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE Page 141 A I said — Tin sorry, I couldn't hear. Q I thought you said "no" to my question? A No. ITU TII tell when my I said no. I'd like to answer that question. I'd like to answer every one of your questions. I'd like to answer each and every one. However, my counsel today told me I cannot. They told me I have to assert my Sixth Amendment, Fourteenth and Fifth Amendment Rights. And if I didn't, and if I chose to answer the question, I would risk losing their representation. So at least for today, I have to assert those rights. BY MR. HOROWITZ: Q Prior to June of 2005, did you ask Jane Doe 4 questions about her sexual experience and preferences? MR. PIKE: Fonn. THE WITNESS: I would be happy to answer that question, if I could. My attorneys have told me I can't. They've instructed me that I have to assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. I would like to answer the question. However, they told me that if I do, I risk losing their representation. BY MR. HOROWITZ: Prior to June 2005 did you I I 36 (Pages 138 to 141) UNIVERSAL COURT REPORTING EFTA01076685 Page 142 Page 144 1 MR. PIKE: Form. 2 THE WITNESS: Pd like to answer that 3 question. Pd like to answer all your other 4 questions here today. However, my counsel has told 5 me, at least today, I cannot. I have -- they've 6 instructed me to assert my Fourteenth Amendment, my 7 Sixth Amendment and my Fifth Amendment Right. And 8 they told me that if I chose to answer, I would 9 risk losing their representation, so therefore, I 10 must respectfully decline to answer them. 11 BY MR. HOROWITZ: 12 aPrior to June 2005 did you rub 14 MR. PIKE: Form. 15 THE WITNESS: I would like to answer that 16 question with specificity. However, my attorneys 17 have told me at least today that I must 18 respectfully decline and assert my Fifth Amendment, 19 Sixth Amendment and Fourteenth Amendment Right. I 20 would have preferred that your partner, who after 21 he filed the lawsuit, was suspended by the Florida 22 Bar for ingot/put practice, or Mr. Edwards' partner, 23 who sits in jail, to have been here to at least ask 24 some of the questions, but my attorneys have told 25 me I cannot answer those questions today, sir. Page 143 1 BY MR. HOROWITZ: 2 s larior to Jtme 2005 did you 4 MR. PIKE: Form. 3 A I'd like to answer that question. I'd very 6 much like to answer that question, but 1cannot today, 7 because on advice of my counsel, they have told me that 8 I must assert my Sixth Amendment, Fourteenth Amendment 9 and Fifth Amendment Rights. And ill chose to answer, 10 if I did answer that question, I risk losing their 11 representation, so at least for that -- for today, I 12 must respectfully decline, sir. 13 BY MR. HOROWITZ: 14 Prior to Jtme 2005 did you 16 MR. PIKE: Form. 17 THE WITNESS: You know, I'd like to answer that 18 question. I would have preferred that either your 19 partner, who was here, would have been here, the 20 one who filed the lawsuit, who is suspended by the 2/ Florida Bar, or Mr. Edwards' partner, Scott 22 Rothstein, who sits in jail, was to be here. I 23 would prefer to respond to them. However, today, I 24 cannot answer those questions based on advice of 25 counsel, so I must respectfully decline. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOROWITZ: Q Prior to June 2005 did you MR. PIKE: Form. THE WITNESS: rd like to answer that question. I'd like to answer every question you've asked here today. I'd like to respond to you to your partner who's been suspended. I apologize, before I said he was disbarred, but — for improper behavior after filing this lawsuit. On advice of counsel, they've instructed me that I must assert my Fourteenth Amendment, Fifth Amendment and Sixth Amendment Rights to any question that may become relevant to this lawsuit or risk losing their representation, therefore, I would have to respectfitlly, respectfully decline. BY MR. HOROWITZ: Q Prior to June 2005 did you give lingerie to Jane Doe 4 to wear for you? MR. PIKE: Form. THE WITNESS: I would like to answer that question. I would like to answer all your questions. However, I am going to have to respond to that question, as I responded to all your other questions here today, Mr. Horowitz, which is on Page 145 advice of counsel, they've instructed me I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. And if I chose to answer, which I prefer to do, that question, I risk losing their representation. BY MR. HOROWITZ: Q Prior to June 2005 was Jane Doe 4 ever nude in front of you at your request? A I'd like to answer that question. I'd very much like to answer that question. However, my attorneys have counseled me that I cannot answer that question or any question today that may be relevant to one of the lawsuits that you've brought, or your partner who has brought — your partner who is suspended from practice in Florida. So, though 1 would like to answer the question, Mr. Horowitz, today under the advice of counsel, I cannot Q Prior to June 2005 did you coerce Janc Doe 4 into A Again, I'm so . Q If — if — if -- if your attorney passing you notes is — is causing you to be distracted from listening to my questions, lam — lam going to ask that you not do it. A I — I understand. UNIVERSAL COURT REPORTING 37 (Pages 142 to 145) ( ) EFTA01076686 Page 146 1 MR. PIKE: Fine. 2 THE WITNESS: It was just the fact — it wasn't 3 that. It was, in fact, I had put my glasses on. 4 BY MR. HOROWITZ: 5 Q Your glasses were preventing you from hearing 6 me? 7 A Yes. 8 MR. PIKE: First of all, you're not going to 9 tell me how to communicate with my client. I'm 10 trying not to take a break again, so that, you 11 know, we don't -- we can keep going forward. If 12 you'd like me to take a break, I can take another 13 break right now. 14 MR. HOROWITZ: Well, Pm not here to tell you 15 how to do your job, but the Rules of Civil 16 Procedure do, and what they say — let me finish -- 17 is that "if you interrupt an examination to 18 communicate with your clients, you can be 19 sanctioned for it." 20 MR. PIKE: Okay. Well, first of all, 21 Mr. Horowitz, I didn't interrupt any examination. 22 You interrupted the examination. I didn't say a 23 word. So, let's just go ahead and proceed 24 forward. The witness asked you to repeat the 25 question, okay? Page 147 1 As you are well aware we have hyper-technical 2 Constitutional privileges at issue here. If I 3 choose to communicate with my client regarding 4 those privileges, I will communicate with him. If 5 you'd like me to take breaks, I will do so. But 6 once again, we're here to answer your questions, 7 and I would like to just move forward. 8 BY MR. HOROWITZ: 9 Q Prior to June 2005 did u coerce Jane Doc 4 10 into 11 MR. PIKE: Form. 12 THE WITNESS: I'd like to answer that 13. question. I cannot answer that question on advice 14 of counsel, but I'd like to answer that question. 15 My counsel has advised me that I must assert my 16 Sixth Amendment, Fifth Amendment and Fourteenth 17 Amendment Rights. And if I choose to answer that 18 question, I risk waiving those rights, and risk 19 losing their representation. 20 BY MR. HOROWITZ: 21 Prior to June 2005 did you 23 MR. PIKE: Form. 24 THE WITNESS: I'd like to answer that question 25 about Jane Doe 4, and all the other girls you've Page 148 1 mentioned today. However, my counsel has told me I 2 cannot answer any questions that may be relevant to 3 the lawsuit I'd like to answer that question 4 directly to you, Mr. Edwards. Mr. Edwards' 5 partner, unfortunately, is in jail, so I can't talk 6 to him directly. Your partner has been suspended 7 after filing a lawsuit against me. But, though I'd 8 like to answer those questions, I risk losing their 9 representation and waiving those rights, if I do 10 so. 11 BY MR. HOROWITZ: 12 Q Prior to June 2005 did you masturbate in front 13 of Jane Doe 4? 14 MR. PIKE: Form. 15 THE WITNESS: I'd like to answer that 16 question. Pd like to answer all your other 17 questions posed here today; however, I cannot do so 18 on the advice of counsel. And they told me that if 19 I do answer the questions, I may waive those 20 rights, or risk losing their representation. 21 BY MR. HOROWITZ: 22 Q Prior to June 2005 did you ejaculate in front 23 of Jane Doe 4? 24 MR. PIKE: Form. 25 THE WITNESS: I would like to answer that Page 149 1 question about Jane Doe 4, the girl who wrote "for 2 a good time, call" -- I -- from her testimony, "for 3 a good time, call Jane Doe 4" or "call Jane Doe 4 4." I'm not actually sure. You maybe could clue 5 me in. However, my counsel has told me today that 6 I — I must assert my Sixth Amendment, Fourteenth 7 Amendment and Fifth Amendment Rights as provided by 8 the U.S. constitution. And, though I would like to 9 answer each and every one of your questions, I 10 cannot do so. I risk waive — risk losing or 11 waiving those rights and losing their 12 representation. 13 BY MR. HOROWITZ: 14 Q Did Jane Doe 4 come to your Palm Beach home on 15 multiple occasions between 2003 and May 2005 to give you 16 massages during which you engaged her in sexual 17 activity? 18 MR. PIKE: Form. 19 THE WITNESS: Pd like to answer each and every 20 one of your questions posed here today. I would 21 like to answer that question, and all the other 22 questions you've asked about Jane Doe 4. However, 23 upon advice of my counsel, they've instructed me to 24 assert my Fourteenth Amendment Rights, my Sixth 25 Amendment Rights and my Fifth Amendment Rights as UNIVERSAL COURT REPORTING a.rapanqSa1.1.90, 38 (Pages 146 to 149) ( ) EFTA01076687 Page 150 1 provided by the constitution. So, though I'd like 2 to answer. I don't. Eve been instructed that I 3 risk waiving those rights and losing their 4 representation. 5 BY MR. HOROWITZ: 6 Q Prior to May of 2005 did you pay Jane Doe 4 7 $200 after having had sexual contact with her? 8 MR. PIKE: Form. 9 THE WITNESS: Again? 10 BY MR. HOROWITZ: 11 Q Prior to May 2005 did you ever pay Jane Doe 4 12 $200 after having had sexual contact with her? 13 MR. PIKE: Form. 14 THE WITNESS: Ed like to answer that 15 question. I'd like to answer every one of your 16 questions posed here today. However, according to 17 my counsel, he's asked me to assert my rights under 18 the Fourteenth Amendment, the Sixth Amendment, the 19 Fifth Amendment of the U.S. Constitution, and he's 20 instructed me that no matter how much I'd like to 21 answer these questions, that if I do so, I may 22 waive those rights and risk losing his 23 representation. 24 BY MR. HOROWITZ: 25 Q Did you try to persuade Jane Doe 4 that it was Page 151 1 okay that 2 while she was still a timid? 3 MR. PIKE: Form. 4 THE WITNESS: I'd like to answer that 5 question. I'd like to answer every question you've 6 asked here today, every question. However, my 7 counsel has instructed me at least today, I cannot 8 answer those questions, and they've instructed me 9 that I must assert my Fourteenth Amendment, Sixth 10 Amendment and Fifth Amendment Rights as provided by 11 the Constitution. And by not doing so, I may waive 12 those rights or risk losing their representation. 13 BY MR. HOROWITZ: 14 Q Prior to June 2005 did you instruct ■ to 15 communicate with Jane Doe 4 by telephone to schedule 16 Jane Doe 4 to come to your Palm Beach home for sexual 17 activity? 18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer that 20 question. I'd like to answer all your questions. 21 I wish your partner that had been suspended from 22 practice after he filed Jane Doe 4's lawsuit, or 23 Mr. Edwards' who's — who sits next to you, whose 24 partner sits in jail, I would like nothing more 25 than to answer these questions today, but upon Page 152 1 advice of my counsel, theyve told me that I must 2 assert my Fourteenth Amendment Rights, my Sixth 3 Amendment Rights and my Fifth Amendment Rights. 4 And by not doing so, I may waive those rights or 5 risk losing their representation. Adam, may 1 take 6 &quick five minutes? 7 MR. HOROWITZ: Sure. 8 THE VIDEOGRAPHER: Time off the record 1:50. 9 (Thereupon, a short break was taken.) 10 THE VIDEOGRAPHER: Time on the record 2:00. 11. BY MR. HOROWfilt: 12 Q Prior to June 2005 you instructed Jane Doe 4 to 13 call you at your Palm Beach home to con rum the specific 14 dates and times you wanted her to come over for sexual 15 activity, correct? 16 MR. PIKE: Form. 17 THE WITNESS: I'd like to answer that 18 question. Id like to answer every question you've 19 asked me here today, but I'm going to have to 20 respond the same way I've responded to most of your 21 questions, Mr. Horowitz, which is on advice of 22 counsel, I'm going to have to assert the Sixth 23 Amendment, Fourteenth Amendment and Fifth Amendmer! 24 Rights. Though I'd like to answer that question, 25 as all your other questions, I'm informed that if I 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 153 do so, I risk waiving those rights and losing my representation. BY MR. HOROWITZ: Q Did you instruct Jane Doe 4 to lie to police investigators during their 2005 investigation into your criminal activities? MR. PIKE: Form. THE WITNESS: Did I instruct Jane Doe 4 to lie? MR. HOROWITZ: That's my question, yes. THE WITNESS: I'd like to answer that question. I'd like to answer every one of your questions here today. I'd like to answer questions of unfortunately, the -- I guess your partner that filed this lawsuit was suspended by the Florida Bar. Pd like to answer. However, my counsel has advised me at least today that I must assert my rights under the Fourteenth Amendment, Sixth Amendment and Fifth Amendment. And if I choose to answer that question, which I prefer to do, I risk losing their representation and waiving those rights, so I must respectfully decline. Sony, Mr. Horowitz. BY MR. HOROWITZ: Q Are you suggesting that you have some UNIVERSAL COURT REPORTING 39 (Pages 150 to 153) ) EFTA01076688 Page 154 1 information that Jeffrey Herman was suspended from the 2 practice of law because he made false statements in a 3 lawsuit against you? 4 MR. PIKE: Form. 5 THE WITNESS: Jeffrey Herman was your partner. 6 Are you asking me why he was suspended? I'm sorry, 7 are you asking me — 8 BY MR. HOROWITZ: 9 Q I'm asking you why -- 10 THE REPORTER: Wait a second. 11 THE WITNESS: Sorry. Are you asking why your 12 partner was suspended from the practice of law in 13 South Florida? 14 BY MR. HOROWITZ: 15 Q I'm asking you whether you have any information 16 or you're suggesting here today that his suspension of 17 practice of law had anything to do with you or the 18 lawsuits against you? 19 MR. PIKE: Form. 20 THE WITNESS: Am I suggesting that his 21 disbarment -- Pm sorry -- his suspension or -- I'm 22 sorry — can you do it again? Was he disbarred or 23 suspended? 24 BY MR. HOROWITZ: 25 Q Are you suggesting today in your testimony Page 155 1 that -- 2 A Yeah. 3 Q -- his suspension had anything to do with you 4 or the lawsuits against you? 5 MR. PIKE: Point 6 THE WITNESS: I'd like to answer that question, 'T but my counsel has advised me I cannot today. I 8 must assert the Fourteenth Amendment, Sixth 9 Amendment and Fifth Amendment Rights, though 10 obviously, I'd lilce to answer that question. 11 BY MR. HOROWITZ: 12 Q Did you instruct to tell Jane Doe 4 to lie 13 to police investigators during their 2005 investigation 14 into your criminal activity? 15 MR. PIKE: Form. 16 THE WITNESS: I'd very much Ince to answer that 17 question. I'd very much like to answer all your 18 questions here today, but as I've done with most of 19 those questions, on advice of my counsel — it's 20 been a long day so far — lam going to have to 21 refrain from answering, at least today, to any 22 questions that may be relevant to any of your 23 lawsuits brought by you, your suspended partner, 24 Mr. Edwards and his partner who's in jail. So, 25 though I'd like to answer those questions, I risk Page 156 1 losing or waiving my rights and my counsel's 2 representation, so I must respectfully decline 3 today. 4 BY MR. HOROWITZ: 5 Q Did you instruct M. to rent a car for Jane 6 Doe 4? 7 MR. PIKE: Form. 8 THE WITNESS: I'd like to answer that question 9 — Jane Doe 4 — have we moved from a different 10 person, I'm sorry? 11 MR. HOROWITZ: We're on Jane Doe 4. 12 THE WITNESS: Okay. I'd like to answer that 13 question. I'd like to answer every one of your 14 questions. However, my counsel has advised me, at 15 least today, that I cannot do so. I must assert my 16 Fourteenth Amendment, Fifth Amendment and Sixth 17 Amendment Rights. 18 BY MR. HOROWITZ: 19 Q Did you intend for Jane Doe 4 to use the car 20 that you rented for her, for her to come to your home to 21 give you sexual massages? 22 MR. PIKE: Form. 23 THE WITNESS: Did I intend a car that was 24 ratted for Jane Doe 4 — could you do the question 25 again? Page 157 1 BY MR. HOROWITZ: 2 Q Sure. Did you intend for Jane Doe 4 to use the 3 car you rented for her to come to your home to give you 4 sexual massages? 5 MR. PIKE: Form. 6 THE WITNESS: You said I rented a car? 7 MR. HOROWITZ: I'm just asking the questions. 8 My — 9 THE WITNESS: I'm sorry, you have to ask the 10 question again. 11 BY MR. HOROWITZ: 12 Q Sure. Previously I asked you if you rented a 13 car, and you asserted the Fifth — 14 A I don't believe you did. 15 Q Okay. All right. Did you -- 16 A You asked me if I instructed somebody -- 17 Q That's rilLt. You're correct. The car that 18 you instructed .. to rent for Jane Doe 4. Pm talking 19 about that -- that vehicle, okay? Did you intend for 20 Jane Doe 4 to use that car to acme to your home and give 21. you sexual massages? 22 MR. PIKE: Form. 23 THE WITNESS: I'd like to answer that 24 question. I'd like to answer every question about 25 Jane Doe 4 that you asked me here today. My A UNIVERSAL COURT REPORTING 40 (Pages 154 to 157) ( ) EFTA01076689 Page 158 1 counsel has advised me that I may not. And they've 2 instructed me that I am to assert my Fourteenth 3 Amendment, Sixth Amendment, Fifth Amendment 4 Rights. And, though I'd like to answer each one of 5 your questions, my counsel has advised me that ill 6 choose to do so, which is my preference, I risk 7 waiving those rights and/or losing their 8 representation. 9 BY MR. HOROWITZ 10 Q Isn't it true that you and Jane Doe 4 watched a 11 videotape of Jane Doe 4 and her boyfriend having sexual 12 intercourse? 13 MR. PIKE: Form. 14 THE WITNESS: Can you describe this videotape 15 tome? 16 BY MR. HOROWITZ: 17 Q Would that refresh your recollection? 18 A I don't know. Would you want to tell me about 19 it? 20 Q My question for you is: Isn't it true that you 21 and Jane Doe 4 watched a videotape of Jane Doe 4 and her 22 boyfriend having intercourse? Does that refresh your 23 recollection? 24 MR. PIKE: Same objection, form. 25 THE WITNESS: I'd like to answer that question Page 159 1 — a videotape of her and her boyfriend having sex? 2 MR. HOROWITZ: Yes. 3 THE WITNESS: Okay. I'd like to answer that 4 question, but my counsel has instructed me that I 5 must assert my Fourteenth Amendment, Sixth 6 Amendment and Fifth Amendment Rights. And, though 7 ifs obvious I'd like to answer that question, my 8 attorneys have counseled me that I — by doing so, 9 I waive those rights, or risk losing their 10 representation. 11 May I get some — a am? Is this yours? 12 MR. HOROWITZ: No. 13 THE WITNESS: Okay. 14 MR. HOROWITZ: It's mine. 15 BY MR. HOROWITZ: 16 Q Sir, you don't deny that you sexually abused 17 Jane Doe 4, do you? 18 MR. PIKE: Form, argumentative. 19 THE WITNESS: I'd like to answer that question 20 very much so. However, my counsel has advised me 21 today that I must assen — at least today, I must 22 assert Sixth Amendment Fourteenth Amendment and 23 Fifth Amendment Rights. And by choosing to answer, 24 I may waive those rights or risk losing their 25 representation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 160 So, though your partner after he filed that Jane Doe 4 lawsuit was suspended from the practice of law by the Florida Bar, or some of these other cases brought by Mr. Edwards' firm who is sitting next to you, whose partner sits in jail for bringing cases of a sexual nature, accusing people fallaciously, maliciously, simply to get money, I'd like to answer each one of your questions, but today, unfortunately, I must respectfully decline. BY MR. HOROWITZ: Q Sir, are you asserting your Fifth Amendment, Sixth Amendment and Fourteenth Amendment Rights to protect your innocence, or conceal your guilt? MR. PIKE: Form. I'm going to instruct him not to answer that question. BY MR. HOROWITZ: Q Is there any reason that the jury should not infer that you did in fact have sexual contact with lane Doe 4 when she was a child, given that you've asserted the Fifth Amendment? MR. PIKE: Form. THE WITNESS: The Fifth Amendment has been used many times to protect the Innocent, especially people who've been falsely accused by people like your — Mr. Edwards' partner, Scott Rothstein, who Page 161 sits in jail accused by the U.S. Attorney of running the biggest fraudulent scheme in South Florida's history, stealing millions of dollars from South Florida residents. The U.S. Attorney called his enterprise a criminal his firm, Mr. Edwards' firm, sitting next to you — another one of the lawsuits, a criminal enterprise. I'd like to answer that question very specifically. However, my attorneys have counseled me that today I may not, and I may risk losing my rights, my waiver — excuse me - my rights, and risk losing my representation, ill choose to answer that question. BY MR. HOROWITZ: Q Okay. I don't want to know why other people assert the Fifth Amendment. I want to know why you're asserting it. Are you asserting it because you're an innocent man, or because you're a guilty man? MR. PIKE: Form. THE WITNESS: I'd love to answer that question. However, my attorneys have counseled me that I cannot and must assert my rights under the Sixth Amendment Fourteenth and Fifth, even to that question. Though I would be more than happy to answer it, my attorneys have counseled me that by UNIVERSAL COURT REPORTING 41 (Pages 158 to 161) ( ) EFTA01076690 Page 162 1 doing so, I may waive those rights and risk losing 2 their representation. 3 BY MR. HOROWITZ: 4 Q Okay. Sir, I'm going to ask you a few 5 questions about a young woman named Jane Doe 5. 6 A Yes. Okay. 7 Q First name is Jane Doe 5. 8 MR. PIKE: You said her last name was Jane Doe 9 5? 10 MR. HOROWITZ: Yes. 11 BY MR. HOROWITZ: 12 Q So you know her as Jane Doe 5? 13 MR. PIKE: Form, mischaracterizes the witness' 14 testimony, move to strike. Let's not play with 15 words. 16 BY MR. HOROWITZ: 17 Q Do you recognize her name as or Jane Doe 18 5? 19 A 1don't recognize her name. 20 Q Okay. Well, for the moment I would like you to 21 hold on to that name, so — because I'll be asking you a 22 series of questions about it, okay? 23 A Okay. 24 Q Isn't it true that a girl named Jane Doe 5 came 25 to your Palm Beach estate in approximately 2001 or Page 163 1 2002? 2 MR. PIKE: Form. 3 THE WITNESS: I'd like to answer that question 4 with respect to Miss Jane Doe 5. 5 Q I asked you the right -- I know you did write 6 it down. 7 A I know. But how did you pronounce it? 8 Q Jane Doe 5. 9 A Okay. However, my attorneys have counseled me 10 that at least today I cannot answer questions that may 11 become relevant to any of your lawsuits that you have 12 filed with respect to these girls, or your partner filed 13 before he became suspended by the Florida Bar for 14 improper behavior. 15 So, though Pa like to answer that question, 16 Mr. Horowitz, as I would Ince to answer every one of 17 your questions, at least today, I am going to have to 18 assert the rights dictated to me by my counsel, either 19 the Sixth Amendment, Fourteenth and — or Fifth 20 Amendment, or all of the above. 21 I mean, I would like to answer each and every 22 one of your questions. If I do so, I'm told that I risk 23 waiving those rights, or losing their representation. 24 BY MR. HOROWITZ: 25 Q All right. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 164 A Excuse me. Q In either 2001 or 2002, did inform you that she had received a telephone call in which she was referred to an underage girl named Jane Doe 5 who would be willing to come to your home and give you a massage for money? MR. PIKE: Form. THE WITNESS: I'd like to answer that question, as Pd like to answer mostly every one of your questions here today. These questions, my attorneys have counseled me. I cannot answer today because — as they may be relevant to the lawsuit. They have instructed me that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, though I'd very much like to answer that question. BY MR. I IOROWITZ: Q Did E. inform you that she was provided with Jane Doe 5's telephone number? MR. PIKE: Form. THE WITNESS: Again? BY MR. HOROWITZ: Q Did NI inform you that she was provided with Jane Doe 5's telephone number? A "Provided with" — I — I don't understand the Page 165 question. MR. PIKE: Form to that. And I know you're going to ask it again. THE WITNESS: Yes, he is. BY MR. HOROWITZ: Q Did — I'll try and ask it as fundamentally as I can. A Okay Q Did M. inform you that she had Jane Doe 5's telephone number? A I'd like to answer that question. I've been have -- Pd like to answer every question you've asked here today. However, on advice of counsel, they've instructed me that I cannot answer that question today because it may be relevant to one of your lawsuits filed by either you, Mr. Edwards -- Mr. Edwards' partner who sits in jail, your partner who's been suspended from the Florida Bar. So, though I'd like to answer that question, at least today, my counsel said I risk waiving those rights under the Sixth, Fourteenth and Fifth, or risk losing their representation. Q Did you instruct to call Jane Doe 5 to come to your home and give you a massage in 2001 or 2002? 42 (Pages 162 to 165) UNIVERSAL COURT REPORTING ( ( EFTA01076691 Page 166 1 MR. PIKE: Form. 2 THE WITNESS: This is the same Jane Doe 5 -- 3 whatever her name is? 4 MR. HOROWITZ: Yes, keep that same person in 5 your head. 6 THE WITNESS: It's a little bit tough. I'd 7 like to answer that question. I'd like to answer 8 all your questions. However, today, my counsel has 9 advised me that I cannot answer any questions that 10 may be relevant to the lawsuit, and they've 11 instructed me that I must assert my Fourteenth, 12 Fifth and Sixth Amendment Rights. 13 And by answering those questions, that I choose 14 — that prefer to do so today, they've instructed 15 me that I may waive those rights, or risk losing 16 their representation. 17 BY MR. HOROWITZ: 18 Q Did you inform that the massage Jane Doe 5 19 was to give you would be sexual in nature? 20 MR. PIKE: Form. 21 THE WITNESS: I'd like to answer each and every 22 one of your questions. My counsel has advised me 23 — my counsel has advised me that I cannot today, 24 and they've instructed me that I should assert my 25 Fourteenth Amendment, Sixth Amendment and Fifth Page 167 1 Amendment rights. 2 And if l choose not to do so, l risk waiving 3 those rights, or losing their representation. So, 4 though I'd like to answer that question, I cannot. 5 BY MR. HOROWITZ: 6 Q Did you observe ■. speaking with Jane Doe 5 7 on the telephone to arrange for Jane Doe 5 to come to 8 your home for a massage? 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to answer each one of 11 your questions, Mr. Horowitz, each and every one 12 that you've posed hero today, but I am going to 13 have to answer that question, as I've answered most 14 of your other questions here today, which is my 15 counsel has advised me, at least today, at least 16 today, that I cannot answer those questions and 17 must assert my Fourteenth Amendment Rights, Sixth 18 Amendment Rights and Fifth Amendment Rights or -- 19 BY MR. HOROWITZ: 20 Q Did — 21 A I'm sorry. 22 Q Pm sorry, go ahead. 23 A — or risk waiving those rights, or losing 24 their representation. 25 Q Did tell you that she had confirmed by Page 169 1 telephone that Jane Doe 5 would be at your home at a 2 specific time to give you a massage? 3 MR. PIKE: Form. 4 THE WITNESS: I'd like to answer that 5 question. I'd like to answer every one of your 6 questions posed here today, Mr. Horowitz, However, on advice of counsel, they've instructed me that I 8 must assert my Fifth Amendment, Sixth Amendment and 9 Fourteenth Amendment Right 10 BY MR. HOROWITZ: 11 Q Was it your intent during the course of Jane 12 Doe 5's visit to your home in either 2001 or 2002, that 13 you would persuade, induce or entice her to engage in 14 sexual activity? 15 MR. PIKE: Form. 16 THE WITNESS: It would give me great pleasure 17 to be able to answer that question to you, as it -- 18 as all the other questions you've asked about these 19 girls here today. My counsel has told me that I 20 cannot answer those questions that may be relevant 21 to any of the lawsuits brought by you, your partner 22 that's been suspended or disbarred -- I'm not 23 really sure what the difference Is -- or 24 Mr. Edwards' partner who sits in a Florida jail for 25 fleecing people out of millions of dollars by 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 169 crafting cases of a sexual nature against people like me and others, and those are -- though I'd late to answer those questions, my counsel has advised me, at least today, that I cannot. BY MR. HOROWITZ: Q During the course of Jane Doe 5's visit to your home in 2001 or 2002, did you, in fact, persuade, induce or entice her to engage in sexual activity with you? MR. PIKE: Form. THE WITNESS: Though I'd like to answer that question, as well as every other question you've asked me here today, I stn going to respond in a similar fashion, which is my counsel, at least today, has told me I may not, may not respond, and must assert my rights under the Fourteenth, Sixth and Fifth Amendment. Though I'd like to respond to each question, my counsel has told me that if I choose to do so, I risk waiving those rights and losing their representation. BY MR. HOROWITZ: Q Did you pay for Jane Doe 5 to take a taxi to your home in either 2001 or 2002? MR. PIKE: Form. THE WITNESS: I'd like to answer each question UNIVERSAL COURT REPORTING J 43 (Pages 166 to 169) EFTA01076692 Page 170 1 you've asked me here today. However, on advice of 2 counsel, they've asked — they've instructed me to 3 assert my Fifth Amendment, Sixth Amendment and 4 Fourteenth Amendment Rights under the U.S. S Constitution. 6 Though I'd like to answer each question, I have 7 to respond, unfortunately, the same way I've 8 responded to mostly every one of your questions 9 here today, and assert those rights on counsel's 10 advice, or risk waiving those rights and losing 11 their representation. 12 BY MR. HOROWITZ: 13 Q During Jane Doe 5's visit to your home in 14 either 2001 or 2002, Jane Doe 5 told you she was under 15 18, didn't she? 16 MR. PIKE: Form. 17 THE WITNESS: I'd like to answer that 18 question. I'd like to answer every question you've 19 asked me here today. I'd like to answer the 20 questions posed by you, Mr. Edwards, your partner, 21 Mr. Herman, who unfortunately was suspended after 22 he filed these cases, Mr. Edwards's partner who's 23 sitting — sitting in a jail for fabricating cases 24 of a sexual nature against people like me and 25 others for stealing money from people in South Page 171 1 Florida. 2 I'd like to answer every question you've asked 3 me here today, Mr. Horowitz, but my counsel has 4 instructed me that I may not. 5 BY MR. HOROWITZ: 6 Q When Jane Doe 5 came to your home in either 7 2001 or 2002, she appeared to you to be under the age of 8 18; isn't that right? 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to answer all your 11. questions. I'd like to answer each and every one 12 of your questions. However, my counsel has 13 instructed me that I may not answer any questions 14 that may be relevant to this lawsuit, or any of 15 your lawsuits brought by your firm, your suspended 16 partner or Mr. Edwards' firm, his partner who sits 17 in jail excuse me. 18 So, though I'd like to answer those questions, 19 I was told that — by my counsel that if I choose 20 to do so, I risk waive risk waiving my right and 21 risk losing their representation. 22 BY MR. HOROWITZ: 23 Q During Jane Doe 5's visit to your home in 2001 24 and 2002, she told you she attended 25 isn't that right? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 MR. PIKE: Form. THE WITNESS: I'd like to answer that question. I'd lice to answer every question you've posed here today, but unfortunately, I am going to have to respond the same way I've responded to most of these other questions, which is my counsel has advised me that at least today, I cannot answer those questions. And if I choose to do so, I may waive my rights, but so I must assert them under the Sixth, Fourteenth and Fifth Amendment. BY MR. HOROWITZ: Q During Jane Doe 5's visit to your home in 2001 or 2002, were you nude in front of Jane Doe 5? A I'd like to answer — MR. PIKE: Form. THE WITNESS: — that question. I'd like to answer every question you've asked me here today. But my counsel has advised me that I may not answer any questions that may be relevant to your lawsuit, Mr. Edwards' lawsuit, his partner's lawsuit who sits — his partner who sits in jail, and my counsel has advised me that, though his partner sits in jail for bringing fabricated cases of a sexual nature against people like me and others, that I still have to assert my rights under the Page 173 Sixth Amendment, Fifth — Fourteenth Amendment and Fifth Amendment; otherwise, I risk waiving those rights, or losing their representation. BY MR. HOROWITZ: Q During the course of Jane Doe 5's visit to your home in either 2001 or 2002, did you instruct Jane Doe 5 to remove all of her clothing? MR. PIKE: Fonn. THE WITNESS: I'd like to answer that question. Pd like to answer every question you've asked me here today with specificity. However, my counsel has told me that I may not answer any questions that may be relevant to this lawsuit, must assert my rights under the Fourteenth, Sixth and Fifth Amendment, so I must respectfully decline, Mr. Horowitz. BY MR. HOROWITZ: Q During the course of lane Doe 5's visit to your home in 2001 or 2002, did you instruct Jane Doe 5 to pinch your nipples and rub your chest? MR. PIKE: Form. THE WITNESS: Like all the other questions -- questions you've asked me here today, I'd love to answer that question. I'd love to answer each and every one of your questions here today, but my I 44 (Pages 170 to 173) UNIVERSAL COURT REPORTING EFTA01076693 2 3 4 5 6 7 8 Page 174 1 counsel has told me I cannot. They've instructed 2 me that I have to assert my Fourteenth, Fifth and 3 Sixth Amendment Rights. And, though I'd like to 4 answer -- prefer to answer, that by doing so, I may 5 waive those rights, and risk — and/or risk losing 6 their representation. 7 BY MR. HOROWITZ: 8 Q Okay. During the course of Jane Doe 5's visit 9 to your home in 2001 or 2002, isn't it true you asked 10 Jane Doe 5 questions about her sexual experience and 11 preferences? 12 MR. PIKE: Form. 13 THE WITNESS: I'd like to answer each and every 14 one of your question about Jane Doe 5 -- Jane Doe 5 15 and her claims. However, my attorneys have told me 16 I cannot, at least today, answer any of those 17 questions that may be relevant to the lawsuit that 18 you have filed, your suspended partner has filed, 19 Mr. Edwards has filed, his partner in jail has 20 filed. 21 Unfortunately, there's lots of things I cannot 22 answer questions to. My partner -- my counsel has 23 told me that I risk waiving my rights and losing 24 their representations, if I choose to do so. 25 BY MR. HOROWITZ: Page 176 1 that question very much. However, my counsel has 2 advised me I may not, today anyway, and I must 3 assert my right under the Sixth, Fourteenth or -- 4 and/or Fifth Amendment. 5 And, though I'd like to answer that question 6 specifically — I'd like to answer it to you, I'd 7 like to answer it to your partner who's not here 8 because he's been suspended from the practice of 9 law in South Florida after he filed this lawsuit. 10 I'd like to answer that question specifically to 11 Mr. Edwards' partner who remains in jail for 12 perpetrating a fraud on people in South Florida, 13 stealing money from them. 14 Unfortunately, under -- my counsel has told me 15 that I must respectfully decline and assert my 16 rights, or risk waiving those rights and losing 17 their representation. 18 THE WITNESS: I'm going to have to take a 19 break. 20 THE VIDEOGRAPHER: Going off the record. Time 21 off the record 2:25. 22 (Thereupon, a short break was taken.) 23 THE VIDEOGRAPHER: Time on the record 2:37. 24 'Ills is Tape 4. 25 BY MR. HOROWITZ: Page 175 1 Q During the course of Jane Doe 5's visit to your home in 2001 and 2002, did you remove Jane Doe 5's bra and MR. PIKE: Form. THE WITNESS: The answer is: I'd like to answer that question. I believe Jane Doe 5 testified that that was not the case, or you're asking me a question that she testified to something else? But, though I cannot answer those 10 questions, my counsel has advised me that I have to 11 assert my rights under the Fifth, Fourteenth and 12 Sixth Amendment. So, though I'd like to answer 13 that question, I may not. 14 BY MR. HOROWITZ: 15 Q Well, which version of events is true, that you 16 did touch her breasts, or that you did not touch her 17 breasts? 18 A Are you asking me whether she tells the truth 19 or not in her deposition? Is that the question? 20 Q My question is: Which version of events is 21 true, that she touched your breasts -- that 23 24 25 MR. PIKE: Form. THE WITNESS: I'd like to answer that question. As you might imagine Pd like to answer Page 1 Q Okay. We've been discussing Jane Doe 5 for 2 some time now. Okay. I'm going to ask you a few more 3 questions about her. During the course of Doc C's 4 visit to our home in 2001 and 2002, I 6 MR. PIKE: Form, and assumes facts not in 7 evidence. 8 THE WITNESS: I'd like to answer that 9 question. I'd like to answer every question you've 10 asked me here today. But on advice of counsel, 11 they've instructed me, I must assert my Sixth 12 Amendment, Fourteenth Amendment and Fifth Amendment 13 Rights. 14 BY MR. HOROWITZ: 15 Q During the come of lane Doe 5's visit to our 16 home in 2001 and 2002, 18 19 20 21 22 23 24 25 MR. PIKE: Form. THE WITNESS: Pm afraid it's the same answer as most of the other answers I've given here today. Though I would like to answer these questions with specificity, especially that question, my counsel has advised me that I may not, and must assert my rights under the Sixth Amendment. Fourteenth and Fifth Amendment. UNIVERSAL COURT REPORTING 45 (Pages 174 to 177) ( ) EFTA01076694 Page 178 1 And if I chose to answer, which I prefer to do, 2 they've advised me I may waive those rights, or 3 risk losing their representation. 4 BY MR. HOROWITZ: 5 Q During the course of Jane Doe Ss visit to our 6 home in 2001 and 2002, did - I 8 MR. PIKE: Form. 9 THE WITNESS: I'd vety much like to answer that 10 question as well, Mr. Horowitz, but my attorneys 11 have advised me today that I cannot, and I must 12 assert my rights under the Sixth, Fifth and 13 Fourteenth Amendments. 14 Though it would -- I'd prefer to answer the 15 question, they told me that if I choose to do so, I 16 risk waiving those rights. I would prefer to have 17 that conversation with your partner that was 18 suspended or disbarred from the Florida Bar after 19 filing the lawsuit on Jane Doe 5's behalf. I'd 20 prefer to talk to Mr. Edwards' partner, if he was 21 able to be here, except he's in jail for 22 fabricating cases of a sexual nature against people 23 like me. So, believe me, I'd like to answer those 24 questions, but today my attorneys have told me I 25 may not. Page 179 1 BY HOROWITZ: 2 Q During the course of Jane Doe 5's visit to our 3 home in 2001 or 2002, 5 MR. PIKE: Form. 6 THE WITNESS: Pd like to answer that 7 THE VIDEOGRAPHER: Hold on. There's major 8 static. Time off the record 2:40. 9 (Thereupon, a short break was taken.) 10 THE VIDEOGRAPHER: Time on the record 2:41. 11 MR. HOROWITZ: Back on the record. I don't 12 know that we did or did not get an answer to this 13 question, so I'm going to repeat it. And if you 14 have to repeat your answer, I apologia. 15 MR. PIKE: Thank you. 16 BY MR. HOROWITZ: 17 Q During the course of Jane Doe 5's visit to ur 18 home in 2001 or 2002, 20 MR. PIKE: Form. 21 THE WITNESS: I'd like to answer the questions 22 about Jane Doe 5. However, my attorneys have told 23 me that I may not answer any questions regarding 24 anything that may be relevant to any of the 25 lawsuits brought by you, your film your partner 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 180 that was suspended or disbarred after he brought these lawsuits. So, though I'd like to answer the question, Mr. Horowitz, my attorneys have advised me, at least today, that I must assert my rights under the Sixth, Fourteenth and Fifteen -- Fifth Amendment, and I respectfluly have to decline. BY MR. HOROWITZ: Q During the course of Jane Doe 5's visit to your home in 2001 or 2002, did you masturbate in her presence? MR. PIKE: Form. THE WITNESS: I'd very much like to answer every question, every single question regarding Jane Doe 5 and her claims. However, my attorneys have advised me, at least today, that I may not do so, and must assert my rights under the Sixth Amendment, Fourteenth and Fifth Amendment. And, though I would prefer to answer, they have advised me that if I choose to do so, 'risk waiving those rights and risk losing their representation. BY MR. HOROWITZ: Q During the course of Jane Doe 5's visit to your home in 2001 or 2002, did you ejaculate in her presence? MR. PIKE: Form. Page 181 1 THE WITNESS: Did I ejaculate in Miss Jane Doe 2 5's presence? I'd like to answer that question and 3 that all her claims -- however, today, my attorneys 4 have counseled me that I may not. 5 They've instructed me that I have to assert my 6 Sixth Amendment, Fourteenth Amendment and Fifth 7 Amendment Rights. Though I'd like to answer that 8 question, I am going to have to respond as I've 9 answered most of your other questions here today, 10 which is by asserting those rights. 11 BY MR. HOROWITZ: 12 Q Did you have sexual contact with lane Doe 5 in 13 your Palm Beach home in either 2001 or 2002? 14 MR. PIKE: Form. 15 THE WITNESS: "Sexual contact"? 16 MR. HOROWITZ: Yes. 17 THE WITNESS: Can you tell me what you mean by 18 that? 19 BY MR. HOROWITZ: 20 Q Contact, sexual — of a sexual nature. Do you 21 understand -- do you understand what that means? 22 A I've asked you — 23 Q Have you had sexual contact? 24 A I've asked you to clarify what you mean, 25 please. 46 (Pages 178 to 181) UNIVERSAL COURT REPORTING EFTA01076695 Page 182 1 Q Well, fm going to use a broad definition, 2 okay? 3 A Yes. 4 Q That would involve touching someone's sexual 5 o s someone else touchi ur Did you have any of those activities of a 8 sexual nature with Jane Doe 5? 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to respond to every one 11 of Jane Doe 5's claims. However, today, my counsel 12 has advised me that I may not. So I am going to 13 have -- under their instructions have to assert my 14 Sixth Amendment, Fourteenth Amendment and Fifth 15 Amendment Rights. Though Pd like to answer that 16 question, I've been told that if I choose to do so, 17 I risks losing their representation and waiving 18 those rights. 19 BY MR. HOROWITZ: 20 Q During the county of Jane Doe 5's visit to our 21 home in 2001 or 2002. did ou also in the presence of Jane 23 Doe 5? 24 MR. PIKE: Form. 25 THE WITNESS: I'd like to respond to every one Page 183 1 of Miss Jane Doe 5's complaints or claims. My 2 attorneys have told me that, at least today, that I 3 may not do so today, and must assert my rights 4 under the Sixth Amendment, Fifth Amendment and 5 Fourteenth, and I have to respond the same way I've 6 responded to most of your — my — your other 7 questions posed here today. 8 BY MR. HOROWITZ: 9 Q Did you pay Jane Doe 5 $200 after you had 10 sexual contact with her in your home? 11 MR. PIKE: Form. 12 THE WITNESS: I'd like to respond to every one 13 of Jane Doe 5's claims, but my attorneys have 14 advised me that at least today I must assert my 15 rights under the Fifth, Sixth and Fourteenth 16 Amendment. Though I'd like to answer that 17 question, I ant going to have to respond similarly 18 that I've answered most of your other questions 19 here today. This is no different. 20 And I — though I would — I've been advised by 21 my attorneys, if I choose to answer, I risk waiving 22 my rights and/or risk losing their representation. 23 BY MR. HOROWITZ: 24 You never asked Jane Doe 5 for permission to 25 correct? Page 184 1 MR. PIKE: Form. 2 THE WITNESS: I would like to respond to every 3 single one of your client's claims. My attorneys 4 have advised me at least today, I cannot answer any 5 questions that may be relevant to those claims. 6 And, though your partner who filed this lawsuit on 7 Miss Jane Doe 5's behalf was disbarred -- suspended 8 by the Florida Bar — suspended by the Florida Bar 9 after filing this claim, or Mr. Edwards', who filed 10 similar claims, partner who sits in jail, I'd like 11 to answer every single question. However, today, 12 my attorneys told me that if I do so, choose to do 13 so, I risk waiving my rights and risk losing their 14 representation. 15 BY MR. HOROWITZ: 16 Q Mr. Epstein, Jane Doe 5 told you when she was 17 in your home that she did not want you to touch her 18 body, isn't that true? 19 MR. PIKE: Form. 20 THE WITNESS: I would very much like to answer 21 every question regarding Jane Doe 5's claims, but 22 today my attorneys have informed me that I may not 23 answer, and must assert my rights under the Sixth, 24 Fifth and Fourteenth Amendment. So, though I would 25 like to answer those questions, I — my attomeys Page 185 1 have informed me that if I choose to do so, which 2 is my preference, I would risk losing their 3 representation and waiving my rights. 4 BY MR. HOROWITZ: 5 Q Mr. Epstein, you made sexual contact with Jane 6 Doe 5 after she indicated to you that she did not want 7 to be toothed by you, isn't that right? 8 MR. PIKE: Form. 9 THE WITNESS: I'd like to answer each and every 10 one of your questions regarding Miss Jane Doe 5's 11 claims. However, my attorneys have advised me that 12 today at least, I may not answer those claims, and 13 must assert my rights under the Fourteenth 14 Amendment, Sixth Amendment and Fifth Amendment. 15 And, though as you might imagine, I would like 16 to answer those claims with — questions with 17 specificity, my counsel has told me that if I 18 choose to do so, I waive — I might risk losing 19 their representation and waive — waiving some of 20 my rights. 21 BY MR. HOROWITZ: 22 Q Did you t to ersuade Jane Doe 5 that it was 23 okay for you to while she 24 was still a child? 25 (Videotaped deposition continued in Volume IL) UNIVERSAL COURT REPORTING 47 (Pages 182 to 185) ( ) EFTA01076696 Page 186 1 2 3 4 COUNTY OF BROWARD ) 5 6 7 1, the undersigned authority, certify that 8 Jeffrey Edward Epstein personally appeared before me and 9 was duly sworn. 10 11 WITNESS my hand and official seal this 22nd day 12 of March, 2010. 13 14 15 16 Vicki L Lima, Court Reporter 17 Notary Public - State of Florida Commission No: DD 882608 18 Expiration Date: May 26, 2013 Job #92076-A 19 20 21 22 23 24 25 CERTIFICATE ) STATE OF FLORIDA ) COUNT Y OF DROWAILD ) 1 Vicld L. Lam. Cowl Relent Nanny Public m and fin the Slate of Florida in Large, do hereby codify that the oforamantictied witness was by the fat duly sworn to testify to the whole malt. that I was anthonted to and did neon said deposition In stonorype; and that the foievoing pages native and correct na,uaipliwr am) shorthand noon of depOnne I further candy that the told deposeon was taken es the tine and place Wen:above ter forth and 12 that the talons of sad deposition was ontianowcd and caen$eted as beteinabove set out I farther Califr Mail am not an enemy ce 14 conned of any of the panics, nor arn I *retrain or employed of any attorney cc counsel of any party 15 connected with this action. nor aid interested in the sit ion 13 10 11 STATE OF FLORIDA ) 16 The foirgoing certiFumion of loin uanscript 17 dees not apply to any reproduction of the same by any meant union unda the dtreot camel andSn &Mellon 18 or the califyind Rawer. 19 iN WITNESS WHEREOF. I have hereunto set my hand this 22nd day of Much, 2010. 20 21 22 23 24 25 Vat L. Lima Court Rnoner Notary Public • State otFlonas Cossniswen Nv DO 882608 Emmatioa Date. May 26.2013 Job *92076-A Page 187 1 2 3 UNIVERSAL LEGAL IteeRTING IN EAST LAS CHAS 004.11.8VAS/9 SUITE 501 TIWillir.PLORMA 33931 Page 188 Waren, 1010 kb 492076A Verna /etre Edward Enna. etas 5 Need/ Pat Set MI fees Beevard. See 4119 6 Wen he Back More 3)401 RS. her Doe Na 2 n ken Epset CAM NO. 0OCV40119-MARRA/10/INSON De Mr Apes 9 Flee it. nee el on March $.1009 Yes IC nna yo 4nosnorn ts the abannefted now.. 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Meat 8. 20 Id 5 DO NOT WRITE ON TRANSCRIPT- ENTER CHANGES )(EWE 6 PAGES LINES CHANGE REASON I a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Hesse Sward tbe enema) aped errata sheet Adis ante tote copies may be diatnlaled bail pries. Undies wok of popsy, l deciat• dim I bay mid my dmosmon and that it and correct aided to 23 ay elate se forma sublime muted bens 24 DATE SIGNATURE OF DEPONENT 25 Job #92076-A UNIVERSAL COURT REPORTING 48 (Pages 186 to 189) ( ) EFTA01076697