DS9 Document EFTA01103374

336 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, et al., Defendants. Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-8-591, 09-80656, 09-80802, 09-81092 VOLUME III CONTINUED VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN TAKEN ON BEHALF OF THE PLAINTIFF DATE: April 14, 2010 U.S. Legal Support EFTA01103374 April 14,2010 337 1 339 APPEARANCES (CONTINUED) 2 INDEX 2 3 WITNESS DIRECT CROSS REDIRECT RECROSS PODHURST, ORSECK Attorneys for Jane Does I and 3 4 JEFFREY EPSTEIN City National Bank Building, Suite 88 5 BY MR. HOROWrTZ 340 4 25 West Flagier Street 6 7 BY MR. EDWARDS 418 BY MS. EZELL 531 5 Tel B : . ELL, ESQ. 8 6 9 7 EXHIBITS BURMAN, CRrETON, LUTHER & COLEMAN, LLP 10 a Attorneys for Defendant Jeffrey Epstein 303 Baryon Boulevard, PLAINTIFF'S 9 Suite 400 11 FOR IDENTIFICATION PAGE W 33401 12 2 Multi-page document. 341 10 Tel. BY: ESQ. 13 3 Multi-page document. 349 11 14 4 Multi-page document. 359 12 15 5 Multi page document. 369 13 16 6 Multi-page document. 378 14 AL-SO PRESENT: 17 7 Multi-page document. 384 JOE ROVNER, Videographer 18 8 Multi-page document. 391 15 (US. Legal) 19 9 Order form from Arnazon.com, 16 listing three books. 507 17 18 20 19 21 20 22 21 23 22 23 24 24 25 25 338 340 Tie continued videotaped deposition of 1 THEREUPON, 2 JEFFREY EPSTEIN in the above-entitled and 2 JEFFREY EPSTEIN 3 numbered cause, was taken before one, TERRI 4 BECKER, a Registered Professional Reporter and 3 being by Terri Becker first duly sworn to tell 5 Notary Public for the State of Florida at Large, 4 the whole truth, as hereinafter certified, 6 at 444 West Railroad Avenue, in the City of West 5 testified as follows: 7 Palm Beach, Palm Beach County, in the State of a Florida, beginning at the hour of 10:22 o'clock 6 CONTINUED DIRECT EXAMINATION 9 a.m., pursuant to the Notice and Adjournment in 7 BY MR. HOROWITZ: 10 said cause for the taking of said deposition, on 8 Q Mr. Epstein, you understand we are 11 behalf of the PLAINTIFF in the above-entitled 12 action pending in the above-named court. continuing your deposition from Part One which 13 The appearances at said time and place 10 was taken on March 8, 2010? 14 were as follows: 11 A Yes. 15 FARMER, JAFFE, WEISSR4G, EDWARDS, FISTOS & LEHRMAN, PL 12 Q When we were together on March 8th, you 16 Attorneys for Plaintiffs Jane Does, 13 told us at that time that you were on probation LN. and E.W. 14 in the State of Florida. Is that still the 17 425 North Andrews Avenue Suite 2 15 case? 18 Fort 33301 16 A Yes. Tel: ION 17 Q I believe you also told as part of the 19 BY: BRADLEY J. EDWARDS, ESQ. 18 term of your sentence was that you were not 20 MERMELSTEIN & HOROWITZ, P.A. 19 allowed unsupervised contact with anyone under 21 Attorneys for Plaintiffs Jane Does, 20 the age of 18. Is that still the case? numbers 2 through 8 21 A Yes. 22 18205 Biscayne Boulevard Suite 2218 22 Q At that time, you told us that you're 23 24 25 Mi Tel: BY: ADAM D. HOROWITZ, ESQ. 23 1224 5 restricted from possessing pornographic material. Is that still the case? A Yes. 2 (Pages 33? to 34 0) U.S. Legal Support EFTA01103375 341 343 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 Q At that time you told us you were a registered sex offender in the State of Florida. Is that still the ease? A Yes. Q At that time you told us you lived at 358 El Brills Way. Is that still the ease? A On advice of counsel, sir, I'm going to have to invoke my Sixth, Fifth and Fourteenth Amendment rights. Q I'm going to hand you a document which we will mark as Exhibit 2. We had marked Exhibit I at our first session. (Multi-page document was marked as Plaintiffs Exhibit number 2 for identification, as of this date.) Q (Handing.) I'm going to ask you to please turn to page 6. Turn to where it says "Affirmative Defenses." Do you see where we are? A Yes. Q Paragraph one, under the words "Affirmative Defenses" says "As to all counts, plaintiff actually consented to and was a willing participant in the acts alleged, and therefore her claims are barred or her damages are required 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Fifth Amendment 2 Q Isn't It try neither you or anyone you 3 know has facts to support your contention that 4 =consented to and was a willing participant 5 in the acts alleged? 6 MR. PIKE: Form. 7 A As you know I would orally like to 8 answer that question, but at least today, I cannot I am going to have to invoke my rights on advice of counsel under the Fifth, Fourteenth and Sixth Amendment. Q Okay, moving down to paragraph two, it says, in Part, "as to all counts alleged plaintiff = a c t u a l l y consented to and participated in conduct similar and/or identical to the acts alleged with other persons, which were the sole or contributing cause of plaintiff's alleged damages." My question for you is, what facts are you aware of to support your contention that= consented to and participated in conduct similar to and/or identical to the acts alleged in this lawsuit? MR. PIKE: Form. A Unfortunately I would like to answer 342 to be reduced accordin " This I'll tell you 2 was filed in the case o : do you understand 3 that? 1 A Yes. 3 Q Have you seen this document before? 6 A Not to my recollection, no. Q This statement that plaintiff actually consented to and was a willing 9 participant in the acts alleged; is that a true statement? A Sir, at least today I would like to answer each one of your questions, but I'm going to have to, on advice of counsel, invoke my rights of the Sixth, Fifth and Fourteenth Amendment. Q What facts do you have to support this contention here that plaintiff■ actually consented to and was a willing participant in the acts alleged? MR. PIKE: Form. A Though I would like to answer each and every one of your questions hat today, Mr. Horowitz, unfortunately today on the advice of counsel, I will have to refuse to answer and invoke my rights under the Sixth, Fourteenth and 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 344 1 each of your questions here today, Mr. Horowitz, 2 but on advice of counsel, at least today, I have 3 to assert my rights under the Fourth, Fifth and 4 Sixth Amendment. 5 Q Isn't It true, sir, that you that this 6 contention that consented to or participated In conduct similar to the acts alleged in this lawsuit with other persons? That's a false statement; isn't that true? MR. PIKE: Form. A Mr. Horowitz, I believe you already know the answer to most of these questions. I would like to give them, but however, at least today on advice of my counsel I have to assert my rights under the Sixth, Fourteenth and Fifth Amendment. Q Isn't it true, sir, you're not aware of who has facts anyone to support the statement that consented to and participated In similar or identical acts with other persons? MR. PIKE: Form. A Though I would like to answer that question, as I would like to answer all of your questions, at least today my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendments. 3 (Pages 341 to 344) U.S. Le al Su ort EFTA01103376 345 347 Q Sir, please turn to paragraph three of defendant Epstein's first Amended Answer and 3 Affirmative Defenses. 4 A Same page? 5 Q Yes, paragraph three. A Okay. 7 Q Do you see it says "As to all counts 8 plaintiff impliedly consented to the acts alleged 9 by not objecting." 1.0 My question for you is, what facts do 11 you have to support your contention that 12 plaintiff= impliedly consented to the acts 13 alleged by not objecting? 14 MR. PIKE: Fenn. And all of these 15 questions call for a legal conclusion, as 16 well. 17 A Though I would like to answer that 18 question, as I would like to answer all of your 19 questions here today, on advice of my counsel. 20 I'm going to have to assert my rights today of 21 the Sixth, Fifth and Fourteenth Amendment. 22 Q Isn't it true, sir, that you're not 23 aware of any facts to support your contention 24 that the plaintiff= consented to the acts 25 alleged by not objecting; isn't that true, sir? 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 was not 18 years old at the time of the alleged acts? MR. PIKE: Form. A Though I would like to answer that question, as I would like to answer every one of your questions here today, on advice of counsel I'm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment, sir. Q Mr. Epstein, what facts arc you aware of to support your contention thatM had attained the age of 18 years old at the time of the alleged acts? MR. PIKE: Same objection. A Though I would like to answer that question, Mr. Horowitz, I'm going to have to respond the same way I've responded to all of your questions here today; by asserting my rights on advice of counsel under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true, sir, you had no reason to bane that was 18 or older at the time of the acts alleged? MR. PIKE. F0111). A Unfortunately, though I would like to 346 1 MR. PIKE: Form? 2 A Can you repeat the question, I'm sorry? 3 Q Isn't it true you're not aware of any 4 facts to support this contention that 5 consented to the acts alleged by not objecting? 6 MR. PIKE: Form. 7 A At least today, Mr. Horowitz, I'm going 8 to have to assert my rights under the Sixth, 9 Fifth and Fourteenth Amendment not to answer that 10 question, though I would like to. 11 Q Isn't it true, sir, you're not aware of 12 anyone who has facts to support the contention 13 thaI consented to the acts alleged by not 14 objecting? 15 MR. PIKE: Form. 16 A Mr. Horowitz, I would like to answer 17 your question but at last today, under advice of 18 counsel, l have to assert my rights under the 19 Sixth, Fifth and Fourteenth Amendment. 20 Q Turning to paragraph four, immediately 21 following the paragraph... It says "Defendant 22 reasonably believed or was told that plaintiff 23 had attained the age of 18 years old at the time 24 of the alleged acts"? Isn't it true, sir, that's 25 not a true statement, is it? You knew that- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 348 answer that question, Mr. Horowitz, on advice of my counsel I'm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment Q Turning to paragraph five of your Amended Answer toM's lawsuit, it says: "As to all counts, plaintiffs claims are barred, as she said she was 18 years or older at the time." Now, Mr. Epstein, that's not a true statement, is it? MR. PUCE: Form. A I would like to answer every one of your questions with respect to however, at least today, Mr. Horowitz, I'm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment on advice of my counsel. Q Mr. Epstein, 5 never told you she was 18 years of age or older; isn't that true? MR. PIKE: Form. A Though I would like to answer every question regarding., at least today I have to assert my rights under the Sixth, Fifth and Fourteenth Amendment, sir, under advice of counsel. Q Mr. Epstein, you've had a chance now to review the Affirmative Defenses one through five, 4 (Pages 345 to 348) U.S. Legal Support EFTA01103377 349 351 1 which were filed on your behalf in this lawsuit. 1 paragraph one it says, "As to all counts, 2 Do you have any facts to support the contentions 2 plaintiff actually consented to and was a willing 3 in any of those Affirmative Defenses? 3 participant in the acts alleged." Do you see 4 MR. PIKE: Form. 4 that portion of paragraph one? 5 A At least today I'm going to have to 5 A Yes, sir. 6 respond by asserting my rights under the Sixth, 6 Q The statement here that the plaintiff, 7 Fifth and Fourteenth Amendment, on advice of 7 Jane Doe number 3 consented to and was a willing 8 counsel. 8 participant in the acts alleged: that's not a 9 Q I will take back Exhibit I -- pardon me, 9 true statement, is it? 10 Exhibit 2, and I'm going to hand you what we will 10 MR. PIKE: Form. 11 mark as Exhibit 3. 11 A Who is lane Doc 3? 12 (Multi-page document was marked as 12 Q You don't know who Jane Doe 3 is? 13 Plaintiff's Exhibit number 3 for 13 A I do not. Don't you? 14 identification, as of this date.) 14 Q I do, I'll pull up the list here. There 15 Q I'm going to hand you and your 15 are a number of cases, as you're aware. 16 attorney -- 16 Off the record for a second.) 17 MR. HOROWITZ: I have extras. 17 THE VIDEOGRAPHER: Off the video record 18 Q -. defendant Epstein's First Amended 18 at 10:35 a.m. 19 Answer and the Affirmative Defenses to 19 (Pause in the proceedings.) 20 plaintiff's Second Amended Complaint. Do you see 0 THE VIDEOGRAPHER: Back on the video 21 that in front of you? 1 record 10:40 a.m. 22 A Yes, sir. 2 Q Mr. EpsteinSis Jane Doe 3. You 23 Q Have you seen that before? 3 have in front of you the Amended Answer and 24 A No, sir. 4 Affirmative Defenses filed in response to Jane 25 Q I'm going to ask you to turn to page 6, 5 Doe 3's lawsuit? 350 352 the page numbers are at the top, and do you see 1 A Yes, sir. 2 the words "Affirmative Defenses"? 2 Q We marked that as Exhibit 3. Turning to 3 A Yes. sir. 3 affirmative defense paragraph number one, do you 4 Q Paragraph one includes the following 4 see where it says "Plaintiff actually consented 5 statements -- 5 to and was a willing participant in the acts 6 MR. PIKE: Can we -- it appears that 6 alleged" in paragraph one; do you see that? 7 paragraphs one through five are the same. 7 MR. PIKE: Form. The document speaks 8 Would that be correct, as the ones you just 8 for itself. 9 previously read? 9 Q Do you see where I'm pointing you to? I 10 MR. HOROWITZ: Yes. 10 want to make sure we are on the same page. 11 MR. PIKE: Do you want to stipulate that 1 A Yes, I do. 12 the answers would be the same and the 12 Q The statement that Jane Doe number 3, 13 invocations of the Fifth, Sixth and 3 consented to and was a willing participant 14 Fourteenth would be the same, as well as my 14 in the acts alleged; is that a true statement? 15 form objections? 5 MR. PIKE: Form. 16 MR. HOROWITZ: Well, I need to ask the 6 A Mr. Horowitz, I would like to answer 17 questions as to each client. 17 every question about■ here today, however on 18 MR. PIKE: So, you do not want to 18 advice of counsel they've instructed me to Men 19 stipulate to that? 19 my rights under the Sixth, Fifth and Fourteenth 20 MR. HOROWITZ: I'll stipulate that you 0 Amendment. 21 have a standing objection, but I need to ask 21 Q Mr. Epstein, what facts d v u know of 22 the questions and get them on record. 22 to support the statements that dually 23 , MR. PIKE: All right, we will just go 23 consented to and was a willing participant in the 24 through it. Okay. 24 facts alleged? 25 Q As to Jane Doe 3, do you see In 25 MR. PIKE. Form. 5 (Pages 349 to 352) U.S. Legal Support EFTA01103378 353 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q The acts alleged. 2 MR. PIKE: Form. 3 A I would like to answer every question 4 about. however, at least today on advice of 5 counsel, they've instructed me that I must assert 6 my rights under the Sixth, Fifth and Fourteenth 7 Amendment. 8 Q Isn't it true, sir, you are not aware of anyone who has facts to support the statement thm. consented to and was a willing participant in the acts alleged? MR. PIKE: Form. A I would like to answer every question about= however, today under advice of counsel, I cannot. They've instructed me to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Turnip paragraph two, ft says: "Plaintiff actually consented to and participated to conduct similar and/or identical to acts alleged with other persons, which were the sole or contributing cause of plaintiff's alleged damages." Sir, that's not a true statement, is it? MR. PIKE: Form. 354 A I would like to answer every question 2 abou=uxillY. Mr. Horowitz, however, on 3 advice of counsel, they've instructed me I must 4 assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Epstein, what facts do you know of to support the statement that actually consented to and participated in conduct similar and/or identical to the acts alleged with other persons? MR. PIKE: Form, and once again this line of questioning calls fora legal conclusions, as well as work product information. A Though I would like to answer each and every question abouModay unfortunately my counsel has advised me I must assert my rights under the Sixth. Fifth and Fourteenth Amendment Q Isn't it true, sir, you're not aware of anyone who has facts to support the contention thatMconsented to and participated in conduct similar and/or identical to the acts alleged with other persons? MR. PIKE: Form. A Though I would like to answer every 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 question you have here today, Mr. Horowitz, 2 regarding your client,. on advise of my 3 counsel, at least today I must assert my rights 4 under the Sixth, Fifth and Fourteenth Amendment. 5 Q Turning to paragraph three of your 6 Affirmative Defenses, It says "Plaintiff., 7 impliedly consented to the acts alleged by not 8 objecting." Do you see that? 9 A Yes. Q The first part of that sentence? A Yes, sir. Q That's not a true statement, is it, sir? MR. PIKE: Form. A Though I would like to answer every question aboutM every single question, unfortunately today my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, what factsrSxon have to support your contention that= Impliedly consented to the acts alleged by not objecting? MR. PIKE: Form. A Though I would like to answer every question about .hat you pose here today, Mr. 356 1 Horowitz, at least today, unfortunately my 2 counsel advised me that I must assert my rights 3 under the Sixth, Fifth and Fourteenth Amendment 4 Q Isn't It true, sir, you're not aware of 5 anyone who has facts to support your statement 6 thaMI lmpliedly consented to the acts alleged 7 by not objecting? 8 MR. PIKE: Form? 9 A Mr. Horowitz, I would like to answer 10 every question aboutM, I really would. 11 However, today my counsel has advised me that 1 12 must assert my Sixth, Fifth and Fourteenth 13 Amendment rights. 14 Q Turning to paragraph four of your 15 Affirmative Defenses, Mr. Epstein, it says "As to 16 all counts, defendant reasonably believed or was 17 told that the plaintiff had attained the age of 18 18 years old at the time of the alleged acts." 19 That's not a true statement, is it, sir? 20 MR. PIKE: Form. 21 A I would like to answer every question 22 about. that you've posed here today. 23 However, on advice of my counsel, I must assert 24 my rights under the Sixth, Fifth and Fourteenth 25 Amendment, at least today. 6 (Pages 353 to 356) U.S. Legal Support EFTA01103379 357 359 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 Q Isn't it true, sir, isn't it true that you knew that•was under the age of 18 when she came to your home; isn't that true, sir? MR. PIKE: Form. A I would like to answer every question aboutIMI However, at least today my counsel has advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true, sir, that you had no reason to believe that■ was under lit? MR. PIKE: Form. A Can you repeat that question? Q Glad you asked. Isn't it true, sir, yon had no reason to believe that Ewes 18 years old or older? MR. PIKE: Form. A I would like to answer every question about In and her — the question you just asked, however at least today, my counsel has advised me that I must assert my rights under the Sixth. Fifth and Fourteenth Amendment. Q Isn't it true, sir, that ■ never told you that she was under the age of 18? A Form. 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 5 containing markings in Exhibit number 3.) Q I'm going to band to you the answer and Affirmative Defenses, Amended Answer and Affirmative Defenses that you filed in the lawsuit filed by do you have that in front of you? Jane Doe number 4. A Yes, sir. Q I'll ask you to turn to page 6 where you'll see the words "Affirmative Defenses" near the top of the page? MR. PIKE: This is Exhibit 4? MR. HOROWITZ: Correct, Exhibit 4. (Multi-page document was marked as Plaintiffs Exhibit number 4 for identification, as of this date.) THE WITNESS: Can we take a two-second break?? MR. HOROWITZ: Sum. THE VIDEOGRAPHER: Off the video record at 10:48 a.m. (Pause in the proceedings.) MR. HOROWITZ: Back on the record. THE VIDEOGRAPHER: Back on the video record 10:49 a.m. Q Do you have the Affirmative Defenses in 358 1 MR. HOROWITZ: Strike that. 2 . Q Isn't It true, sir.. never told you 3 she was 18 years or older? Isn't that true, 4 sir? 5 A I would like to answer every question 6 you have today regarding. and what she told 7 me. However, today my counsel has advised me I 8 must suet my rights under the Sixth, Fifth and Fourteenth Amendment. Q Okay, paragraph five says the plaintiffs claims are barred as she said she was 18 years or older at the time. Sir, that's not a true statement, is It? MR. PIKE: Form. I would like to tell you exactly what said, however, my counsel has advised me to say that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. MR. PIKE: I wrote on your exhibit, page 3, MR. HOROWITZ: We will substitute a different one. MR. PIKE: Yes, it is just checkmarks. (Clew copy was substituted for the page 360 I front of you, and the answer you filed In the 2 Meese, correct? 3 A That's correct. 4 Q Paragraph one includes the followin 5 statement: "As to all counts, plaintiff 6 actually consented to and was a willing 7 participant In the acts alleged." That's not a 8 true statement, is it, sir? 9 MR. PIKE: Form. 0 A I believe her deposition espeaks 1 to this issue. 2 Q Do you agree with es testimony that 3 she was at your home? 4 MR. PIKE: Form. 5 A Unfortunately today, Mr. Horowitz, [16 though I would like to answer every question 17 about., I think her deposition speaks quite a I1. 8 well with some of those issues, but at least, 9 with respect to my answering these questions 0 today with regard toMand these issues, my counsel has advised me I must assert my rights 2 under the Sixth, Fifth and Fourteenth 23 Amendments. 4 Q Are you telling us that. in your P5 opinion, was truthful in her deposition? 7 (Pages 357 to 360) U.S. Legal Support EFTA01103380 361 363 1 MR. PIKE: Form, misconstrues the 2 witness's testimony. Move to strike. 3 A I believe, sir, that though I would 4 o answer that question with respect to Ms. 5 s deposition, my counsel has advised me at 6 least today I must assert my rights under the 7 Sixth, Fifth and Fourteenth Amendments. 8 Q Sir, what did you mean when you said 9 Ms testimony speaks to this issue"? 10 MR. PIKE: Asked and answered. 11 A I believe I said "deposition testimony' 12 Q Yes, what did you mean by that, when you 13 said "Her deposition testimony speaks to the 14 issue"? 15 MR. PIKE: Asked and answered, form. 16 A On advice of counsel, I have to assert 17 my rights under the Sixth, Fifth and Fourteenth 18 Amendment, sir. 19 Q What facts do you know of to support the 20 statement thaMactually consented to and was 21 a willing participant In the acts alleged? 22 MR. PIKE: Form. 23 A I believe her deposition spoke to that 24 directly, but however, myself, Pm going to have 25 to assert my Sixth, Fifth and Fourteenth 1 however, with respect to my own issues today, I 2 am going to have to assert my rights on the 3 advice of counsel, under the Sixth, Filth and 4 Fourteenth Amendments. 5 Q Paragraph two in the Affirmative 6 Defenses As to all counts alleged 7 plaintiff, actually consented to and 8 participated in similar conduct and/or identical 9 to the acts alleged with other persons which were 10 the sole or contributing cause to plaintiff's 11 damages." 12 Sir, you know that's not correct; is 13 that correct? 14 MR. PIKE: Font. 15 A I believe her deposition, in her own 16 words sp.aks to this issue, but as far as today 17 my to that question answer unfortunately will 18 have to be that I assert my rights under the 19 Sixth, Fifth and Fourteenth Amendment on advice 20 of counsel. 21 Q Sir, isn't it true you're not aware of 22 any facts to support your contention in this 23 answer to the amended complaint that.' 24 consented to and participated in conduct similar 25 and/or identical to the acts alleged with other 362 1 Amendment rights under advice of counsel, sir. 2 Q You read her deposition, correct? 3 A No. 4 Q You have not read her deposition? 5 A No. 6 Q But you believe her deposition testimony 7 correctly speaks to the issue of the fact that 8 she was a willing participant in the nets alleged 9 with you? 10 A That's not what I said. 11 Q Why don't you tell me what you meant 12 when you said, "Her deposition testimony speaks 13 to the issue." 14 A The deposition speaks for itself. Any 15 other questions I'm sorry, Mr. Horowitz, but 16 today I have to assert my rights under the Sixth. 17 Fifth and Fourteenth Amendments. 18 Q Isn't it true, sir, that you are not 19 aware of anyone who has facts that support the 20 statement that=consented to and was a 21 willing participant in the acts alleged in her 22 lawsuit? 23 MR. PIKE: Form. 24 A My understanding of her own testimony in 25 her deposition speaks to that matter, but, 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 364 1 persons? 2 MR. PIKE: Form? 3 A I believe her deposition in her own 4 words speaks to this exact question, but however, 5 with respect to my answers today, unfortunately 6 with respect toM though I would like to 7 answer every question with respect tcM on 8 advice of counsel I have to assert my rights under the Fourteenth, Sixth and Fifth Amendment. Q Sir, my question was: What facts do you know to be true? Clarify for me. Are you saying that you are adopting what-rays as true? MR. PIKE: Form, misconstrues the witness's testimony, and that is not exactly what your last question was, so I'm going to move — MR. HOROWITZ: Just to form -- MR. PIKE: No, no, I'm not going to let the witness answer a question that's going to potentially waive any Constitutional privileges here, so it will not be just "form" Now. having said that, if you can repeat the question -- MR. HOROWITZ: Can you repeat the 8 (Pages 361 to 364) U.S. Legal Support EFTA01103381 365 367 1 question? 1 read that correctly? 2 (Discussion off the record.) 2 MR. PIKE: Form. I'm going to instruct 3 Q Are you suggesting to us you are 3 him not to answer that question. Did you 4 adopting what- says is true in her 4 read that correctly? 5 deposition? 5 Q Do you see where I am? Do you see where 6 MR. PIKE: Form. 6 l am, paragraph four? 7 A Sir, I would like to answer every 7 MR. PIKE: You can answer that question 8 question with respect to■ However, today on 8 as to whether or not you see where he is 9 advice of counsel, I have to assert my rights 9 identifying paragraph four in the document 10 under the Fourteenth, Sixth and Fifth Amendment. 10 in front of you. 11 Q In paragraph three of your Affirmative 11 A I don't think you read it completely, 12 Defenses, it says "As to all counts, plaintiff 12 did you? 13 impliedly consented to the acts alleged by 13 Q "As to all counts defendant reasonably 14 not objecting." 14 believed or was told the plaintiff had attained 15 Sir, that's not true, is it? 15 the age of 18 years old at the time of the 16 MR. PIKE: Form. 16 alleged acts." Did I read that correctly now? 17 A I believe her own testimony in her 17 MR. PIKE: I instruct you not to answer 18 deposition speaks to that, however, at least 18 that question. It is not formed right. Did 19 today, Mr. Horowitz, I have to assert my rights 19 you read it correctly connotates an implied 20 under the Sixth, Fifth and Fourteenth Amendment. 20 potential waiver, did you read it correctly, 21 Q What information do you have to support 21 is it correct? 22 your assertion that plaintiff impliedly 22 Q Did I accurately read the statement in 23 consented to the acts alleged by not objecting? 23 your Affirmative Defenses? 24 MR. PIKE: Form. 24 MR. PIKE: That is — you can answer 25 A Information separate from her own 25 that question. 366 368 1 testimony? 1-- with respect to any other 1 A Yes. 2 question, I'm going to have to assert my rights 2 Q Okay. Isn't it true, sir, that you 3 under the Sixth, Fifth and Fourteenth Amendment 3 knew, you knew, that . was not 18 years old 4 upon advice of counsel. 4 before May of 2005; isn't that true? 5 Q Let's make sore we are on the same page, 5 MR. PIKE: Form. 6 then. 6 A Though I would like to answer every 7 A Please. 7 question regarding■ and what she said, at 8 Q Separate from her deposition 8 least today upon advice of counsel, I have to 9 testimony — 9 assert my rights under the Sixth, Fifth and 10 A Yes? 10 Fourteenth Amendment, sir. 11 Q -- my question Is: Do you have any 11 Q Isn't it true, sir, you had no reason to 12 facts to support your assertion that 12 believe up until May 2005 that M. was 18 years 13 impliedly consented to the acts alleged by not 13 old or older? 14 objecting? 14 MR. PIKE: Form. 15 MR. PIKE: Form. 15 A Separate and apart from her own 16 A Separate from her own testimony with 16 testimony I believe on the subject, at least with 17 respect to her consenting, at least today, though 17 respect to today, to answer these questions I'm 18 I would like to answer that question, I'm going 18 going to have to assert my rights under the 19 to have to assert my rights under the Sixth, 19 Sixth. Fifth and Fourteenth Amendment on advice 20 Fifth and Fourteenth Amendment upon advice of 20 of counsel. 21 counsel, sir. 21 Q Isn't it true, sir, that prior to May of 22 Q Okay, paragraph four of the Affirmative 22 2005, never told you she wns 18 years old or 23 Defenses says, "As to all counts, defendant 23 older. 24 reasonably believed or was told that plaintiff 24 MR. PIKE: Form. 25 had attained the age of 18 years old." Did I 25 A Though I would like to answer that 9 (Pages 365 to 368) U.S. Le al Su ort EFTA01103382 369 1 question with respect to what told me, at 1 witness's testimony? 2 least today I'm going to have to assert my rights 2 A I would like to answer every single 3 under the Fourteenth, Sixth and Fifth Amendment 3 question regarding ■'s claims, every single 4 upon advice of counsel. 4 one, however, today, upon advice of counsel, at 5 Q As to paragraph five, states the 5 least today, theyve instructed me to assert my 6 following: "Plaintiff's claims are barred as she 6 rights under the Sixth, Fifth and Fourteenth 7 said she was 18 yean or older at the time." 7 Amendment. 8 Sir, you know that's not true. That 8 Q Sir, what facts do you know of to 9 never happened before May of 2005; isn't that 9 support the statement that consented to and 10 correct? 10 was a willing participant In the acts alleged? 11 MR. PIKE: form. 11 MR. PIKE: Form. 12 A Though I would like to answer every 12 A Separate and apart from her own 13 question with respect to whatMsaid and did, 13 deposition testimony. I'm sorry, but I would like 14 1, unfortunately today, have to assert my rights 14 to answer every question with respect to her 15 under the Sixth, Fifth and Fourteenth Amendment 15 behavior — can you repeat the question, sir? 16 upon advice of counsel. 16 Q Sure. What facts do you know of to 17 Q I'm going to hand you what will be 17 support the statement that plaintiff,E, 18 marked as Exhibit 5, Defendant Epstein's First 18 consented to, and was a willing participant in 19 Amended Answer in the Affirmative Defenses to 19 the acts alleged? 20 Plaintiff's Second Amended Complaint in the 20 MR. PIKE: Form. 21 lawsuit filed by ■ 21 A Separate and apart from her own 22 (Handing.) 22 testimony on the subject, I cannot answer today 23 (Multi-page document was marked as 23 that question, though I would like to. And upon 24 Plaintiffs Exhibit number 5 for 24 advice of counsel, I must assert my rights under 25 identification, as of this date.) 25 the Sixth, Filth and Fourteenth Amendment. 370 372 1 Q I'm going to ask you again to turn to 1 Q Isn't it true, sir, you're not aware of 2 page 6 where it says "Affirmative Defenses." 2 anyone who has facts to support the statement 3 Do you see where it says "Affirmative 3 that A.C. consented to and was a willing 4 Defenses"? 4 participant in the acts alleged? S A Urn-hum. 5 MR. PIKE: Form. 6 Q Paragraph one includes the following 6 A Unfortunately — I would like to answer 7 statements: "As to all counts plaintiff actually 7 every question about Es alleged participation 8 consented to and was a willing participant in the 8 in any event. However, today, upon advice of 9 acts alleged, and therefore her claims are barred 9 counsel I have been instructed that I must assert 10 or her damages are required to be reduced 10 my rights under the Sixth, Fifth and Fourteenth 11 accordingly." 11 Amendment. 12 Sir, this statement that =consented 12 Q Sir. paragraph two of the Affirmative 13 to and was a willing participant in the acts 13 Defenses says: "As to all counts alleged 14 alleged; that's not true, is it? 19 plaintiff actually consented to and participated 15 MR. PIKE: Form, 15 in conduct similar and/or Identical to the acts 16 A I believe her own deposition speaks to 16 alleged with other persons which were the sole or 17 that exact question, but at least as far as my 17 contributing cause to plaintiffs alleged 18 answers are concerned today, Mr. Horowitz, 18 damages." 19 unfortunately upon advice of my own counsel, I 19 Now, sir, that's not a true statement 20 have to assert my rights under the Sixth, Fifth 20 that plaintiff consented to and participated in 21 and Fourteenth Amendment 21 similar acts with other persons, is it? 22 Q Do you agree with s statements with 22 MR. PIKE: Form. 23 regard to her activity at your home as stated in 23 A I would love to respond to every 24 her deposition testimony? 24 question with respect to similar acts performed 25 MR. PIKE: Form, misconstrues the 25 by with other people. However, at least 10 (Pages 369 to 372) U.S. Legal Support EFTA01103383 373 375 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 today upon advice of counsel I must assert my 2 rights under the Sixth, Fifth and Fourteenth 3 Amendment. 4 Q Sir, what facts do you have to support 5 the assertion that articipated in conduct 6 similar and/or identkal to the acts alleged In 7 her lawsuit against you, with other people? 8 MR. PIKE: Form. 9 A Separate and apart from her own 0 deposition, her own testimony, I would like to give all the facts with respect tows behavior with other people. However, today my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Have you read her deposition testimony? MR. PIKE: Form. A No. Q Have you listened to her deposition testimony? A I don't recall. Q Am I accurate then, whatever you know about her lawsuit is something your attorneys have shared with you? MR. PIKE: Form. 1 information you have about. testimony came 2 from your lawyers, or did you hear here it from 3 some other source? 4 MR. PIKE: Form. S Pm going to instruct you not to answer 6 that question. 7 Q Have you heard frond source other 8 than your attorneys what estified about? 9 MR. PIKE: You can answer that 10 question. 11 A No. 12 Q Sir, paragraph three of your Affirmative 13 Defenses to as lawsuit says, "As to all 14 counts plaintiff impliedly consented to the acts 15 alleged by not objecting." Do you see that? 16 A Yes, sir. 17 Q Sir, you know that's not a true 18 statement, isn't it? 19 MR. PIKE: Form. 20 A I would like to answer every question 21 with respect tr..M and what she did or alleged 22 to have done. However, today I have to assert my 23 rights under the, Sixth, Fifth and Fourteenth 24 Amendment, upon advice of counsel. 25 Q Sir, what facts do you have to support 2 3 4 5 6 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 374 Q Or do you have it from another source? MR. PIKE: One second. MR. HOROWITZ: You have to wait for the question -- MR. PIKE: No. MR. HOROWITZ: That's the way the rules worked. MR. PIKE: You're asking a question, then you're pausing to elicit a response to waive attorney/client privilege, okay? Then you're jumping into another question. If you would like me to sit in your chair and teach you how to ask the questions, I will be happy to do so. MR. HOROWITZ: You couldn't teach me a single thing. MR. PIKE: However, today we're here for you. We're here for you to ask your questions. If you would like to break up your questions, you can do so. But as to that last question, I'm going to instruct you not to answer, because, as you know, it is attorney/client information. If you want to try again, we're here all day. Q Sir, is it accurate to say that an 20 21 122 23 24 25 376 1 your assertion that =consented to the acts 2 alleged by not objecting? 3 MR. PIKE: Form. 4 A Unfortunately any facts I might have, my 5 attorneys have counseled me I must assert my 6 lights under the Sixth, Fourteenth and Fifth 7 Amendment, so I must assert those rights today, 8 sir. 9 Q Sir, isn't it true you're not aware of 10 anyone who has facts to support the statement 11 that A.C. consented to the acts alleged by not 12 objecting? 13 MR. PIKE: Form. 14 A Though I would like to answer those 15 questions with respect to the facts about 16 at least today my counsel has advised me I must 17 assert my rights under the Sixth, Fifth and 18 Fourteenth Amendment. 19 Q Turning to paragraph four of the Affirmative Defenses, isn't it true, sir, that you knew that-.vas IS years, was under 18 years old when she came to your home? MR. PIKE: Form? A Though I would like to answer every question about Ms. `I cannot, on advice of 11 (Pages 373 to 376) U.S. Legal Su ort EFTA01103384 377 379 counsel today, and they've asked me to assert my 1 today advised me I must assert my rights under 2 rights under the Sixth, Fifth and Fourteenth 2 the Sixth, Fifth and Fourteenth Amendment 3 Amendment. 3 Q Isn't it true, sir, there are no facts 4 Q Isn't it true, sir that you had no 4 that you're aware of to support the statement 5 reason to believe that vas Ift years or older 5 that■ consented to and was a willing 6 when she was at your home? 6 participant in the acts alleged? 7 MR. PIKE: Form. 7 MR. PIKE: Form. 8 A Though I would like to answer every 8 A Though, the question of whether she was 9 question about •today, Mr. Horowitz.,, my 9 a willing participant in the acts alleged, I 10 counsel has advised me I must at least today 10 would real • like to answer those questions with 11 assert my rights under the Sixth, Fifth and 11 respect t However, at least today my 12 Fourteenth Amendment. 12 counsel has advised me f must assert my rights 13 Q Isn't it true, sir, never told you 13 under the Sixth, Fifth and Fourteenth Amendment. 14 she was IS years old or older? 14 Q Turning to paragraph two of the 15 MR. PIKE: Form. 15 Affirmative Defenses, what facts do you have to 16 A Though I would like to answer that 16 support your assertion that consented to and 17 question regarding what Ms. ■ told me, my 17 participated in conduct similar and/or identical 18 counsel has advised me that today I must assert 18 to the acts alleged with other persons? 19 my rights under the Sixth. Fifth and Fourteenth 19 MR. PIKE: Form. 20 Amendment 20 A Thoughlwould like to answer the 21 Q Isn't it true, sir, no one ever told you 21 question about the acts that sties performed with 22 that was 18 years old or older when she was 22 other persons similar to the ones alleged here, 23 at your home? 23 at least today under advice of counsel. I have 24 MR. PIKE: n=orm. 24 been instructed to assert my rights under the 25 A Though I would like to answer that 25 Sixth, Fifth and Fourteenth Amendment 378 380 question, with respect to what people told me how 1 Q Sir, you know that= never consented 2 old she was or what she told me how old she was, 2 to or participated in similar or identical acts 3 sorry, but my counsel advised me today i must 3 with other persons; isn't that right? 4 assert my rights under Sixth, Fifth and 4 MR. PIKE: Form. 5 Fourteenth Amendment. 5 A I would very much like to answer that 6 Q Okay. 6 question, very much. However, sir, at least 7 (Multi page document was marked as 7 today my counsel has advised me I must assert my 8 Plaintiff's Exhibit number 6 for 8 rights under the Sixth, Fifth and Fourteenth 9 identification, as of this date.) 9 Amendment. 10 Q Moving on to Exhibit 6, Epstein's First 10 Q Sir, isn't it true you're not aware of 11 Amended Answer in Affirmative Defense is to make 11 anyone who has facts to support your assertion 12 his First Amended Complaint in the Jane Doe 12 that M ons ented to or participated in similar 13 number 6 case, and I'll hand you a copy of that 13 or identical acts with other persons? 14 and represent to you that Jane Doe 6 ie., 1.4 MR. PIKE: Form. 15 okay? task you to turn to page 6 — I see 15 A I'm sorry, can you read that question 16 you've already done that, of the Affirmative 16 back? 17 Defenses. 17 Q Sir, Isn't it true you're not aware of 18 What facts do you have to support the 18 anyone who has facts to support your assertion 19 contention in paragraph one tha consented 19 that consented to and participated to 20 to and was a willing participant in the acts 0 similar or identical acts with other people? 21 alleged? 1 MR. PIKE: Form. 22 MR. PIKE: Form? 2 A Though I would like to answer that 23 A Though I would like to answer the 23 question regarding does anyone else have 24 question regarding what consented to and how 24 information with respec to participating 25 she was a participant in the events, my counsel 25 with other people in similar acts as your 12 (Pages 377 to 380) U.S. Legal Support EFTA01103385 381 383 question posed, tmfortunately, today, sir, I'm going to have to assert my rights upon advice of 3 counsel under the Sixth, Fifth and Fourteenth 1 Amendment. Q Turning to paragraph three of your Affirmative Defenses, sir, it is not a true 7 statement that■ impliedly consented to the acts alleged by not objecting. is it, sir? 9 MR. PIKE: Foam 10 A The question regarding. implied 11. consent that you've just posed. I would like to 12 answer that question. I would like to answer all 13 the questions with respect walla' you've 14 posed here today. However, upon advice of 15 counsel I have to assert my rights under the 16 Sixth, Fifth and Fourteenth Amendment. 17 Q Slr, what facts do ou have to support 18 your contention that consented to the acts 19 alleged by not objecting? 20 MR. PIKE: Form. 21 A Though I would like to answer that 22 question regarding the facts that I have 23 regarding =s consent, my attorneys have 24 advised me that today I have to assert — at 25 least today, I have to assert my rights under the 1 to the question of whalMold me, I would 2 like to respond to every question regarding. 3 my counsel has advised me that today at least, I 4 must assert my rights under the Sixth, Fifth and 5 Fourteenth Amendment. 6 Q Isn't it true, sir, t u could 7 plainly tell by looking at that she was not 8 18 years old? 9 MR. PIKE: Form. 10 A Sir,1 would like to answer that 11 question, as I would like to answer every other 12 question regarding your plaintiff= However 13 today on advice of counsel, they've Instructed me 14 I must assert my rights under the Sixth, Fifth 15 and Fourteenth Amendment. 16 MR. PIKE: Form. 17 A Isn't it true, sir, no one told you MI 18 was 18 years old or older. 19 MR. PIKE: Form. 20 A Though I would like to answer ev 21 question of what people told me regarding. 22 allegedly, my counsel has instructed me I must 23 respond by asserting my Sixth, Fifth and 24 Fourteenth Amendment rights, sir. 25 Q Sir, I'm going to hand you what we will 382 1. Sixth. Fifth and Fourteenth Amendment. Q Sure, turning to paragraph four. it says "As to all counts" — strike that. 4 Isn't it true, sir, that you knew when 5 =was at your home that she was not 18 years 6 old? 7 MR. PIKE: Form. 8 A I would like to answer the question 9 about., every question abouMtere today 10 that you've posed. However, upon advice of my 11 counsel they've advised me that I must assert my 12 rights under the Sixth, Fifth and Fourteenth 13 Amendment. 14 Q Isn't It true, sir, you had no reason to 15 believe that. was 18 years of age or older? 16 MR. PIKE: Form. 17 A The question regarding my reason to 18 believe MVOs 18 or over? I would really like 19 to answer that question, but however, today my 20 counsel has advised me I must assert my rights 21. under the Fifth, Sixth and Fourteenth Amendment, 22 sir. 23 Q Isn't it true never told you she 24 was 18 or older? 25 A Though I would very much like to respond 384 1 mark ax Exhibit 7. It is Defeodant Epstein's 2 First Amended Answer and Affirmative Defenses to 3 Plaintiffs First Amended Complaint in Jane Doe 7 4 ease filed by ■ S (Multi-page document was marked as 6 Plaintiffs Exhibit number 7 for 7 identifkation, as of this date.) 8 Q I ask you to take a look at that, 9 please, and turn to page 6, of the Affirmative 10 Defenses. 11 THE WITNESS: Take a five-minute break/ 12 MR. HOROWITZ: Sure. 13 THE VIDEOGRAPHER: Off the record at 14 11:13 am. 15 (Pause in the proceedings.) 16 THE VIDEOGRAPHER: Back on the video 17 record 11:21 a.m. 10 Q Mr. Epstein, do you have in front of you 19 the Affirmative Defenses filed in your behalf in 20 M.'s lawsuit? 21 A Yes. 22 Q What facts do you have to support your 23 contention that consented to and was a 24 willing participant in the acts alleged? 25 MR. PIKE: Form. 13 (Pages 381 to 384) U.S. Legal Support EFTA01103386 385 387 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A Separate and open from her own 2 statements with regard to these issues, I would 3 like to answer every question here today with 4 respect to• However upon advice of counsel, 5 at least today, I have to assert my rights under 6 the Sixth, Fifth and Fourteenth Amendment. 7 Q And is it your position that, well, tell 8 its if it is your position that admitted to consenting to and being a willing participant in the acts alkged. MR. PIKE: Form. A Can you repeat the question? Q Is it your position that tdmitted in her deposition testimony to having consented to, and having been a wining participant in the acts alleged? A I think her deposition speaks for itself, but anything beyond that, at least today, Mr. Horowitz, I'm going to have to assert my rights upon advice of counsel under the Sixth, Fifth and Fourteenth Amendment. Q Do you believe thatMwas accurate when she, according to you, testified that she consented to and was a willing participant in the acts alleged? 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 386 MR. PIKE: Form. A I would like nothing more than to respond to everything.has to say. However, at least today, upon advice of my counsel, I'm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Epstein, you know the statement that M o n s e n ( ed to and was a willing participant in the acts alleged if not a true statement; isn't that right? MR. PIKE: Form. A I would very much like to respond to whether■ was a willing participant in any alleged act. However, at least today, Mr. Horowitz, my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, what facts do you know of to support the statement 160Mconsented to and was a willing participant in the acts alleged? MR. PIKE: Form. A Though I would like to respell: d ry question regarding the facts regarding what she consented to and what she did not consent to, I'm afraid that at least today my 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 counsel has advised me I must assert my rights under the Fifth, Sixth and Fourteenth Amendment. Q Turning to paragraph two of your Affirmative Defenses, what facts are you aware of to support your contention that= consented to and participated in similar or identical acts with other persons? MR. PIKE: Fenn. A Though I would very much like to respond to similar acts the■ participated in with respect to your question, sir, at least today my counsel has advised me thatl must assert my rights under the Sixth, Filth and Fourteenth Amendment. Q isn't it true, sir, you know of no facts to support your contention in the Affirmative Defenses thaesartkipated in similar or identical acts with other persons? MR. PIKE: Form. A As I said previously, l would like to testify, I would like to answer your questions with respect to. However, today my counsel has advised me that at !cast today I would have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. 388 1 Q Isn't it true, sir, you're not aware of 2 anyone who has facts to support the contention 3 that■ participated or consented to similar or 4 identical acts with other people? 5 MR. PIKE: Form. 6 A The issue of whethernarticipated 7 with other people in similar alleged acts, I 8 would very much like to answer. However, today my counsel has advised me I may not, and have advised me I must assert my Sixth, Fifth and Fourteenth Amendment rights. Q Turning to paragraph three, what facts do you have to support your contention that- consented to the acts alleged by not objecting? MR. PIKE: Form. A Though I would like to answer every question here today regardingMity counsel has advised me that at least today I have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true, sir, you know of no facts to support your contention thaeconsented to the acts alleged by not objecting? MR. PIKE: Form. A Though I would like to answer every 14 (Pages 385 to 388) U.S. Legal Support EFTA01103387 389 391 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 question you pose regarding., Mr. Horowitz. 2 at least today my counsel has advised me I must 3 assert my rights to the Sixth, Fifth and 4 Fourteenth Amendment. Q Is it true, sir, you're not aware of anyone who has facts to support the statement that-consented to the acts alleged by not objecting? MR. PIKE: Form. A I would like to answer the question with respect to Es consent a not consent. However, today my counsel has advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment, though I would very much like to answer that question. Q Turning to paragraph four of the Affirmative Defenset you did not believe in your own mind tha=was 18 years or older before May of 2005; isn't that true? MR. PIKE: Form. A Would you repeat the question, Mr. Horowitz? Q You didn't believe prior to May 2005 in your mind that was 18 years old or older, isn't that true? 390 MR. PIKE: Form. A What I believed in my mind, unfortunately I would like to answer every question with regard tc that you posed here today, very much would like to answer every question with respect to■ However, at least today I have to assert my rights on advice of counsel under the Sixth, Fifth and Fourteenth Amendment. jw Sir, before May of 2005, you knew that as under the age of 18; Isn't that right? MR. PIKE: Form. A Sir, I would like to answer every question with respect tc=that you've posed here today. However, my counsel has advised me that at least today I may not, and must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, prior to May 2005.never told you she was 18 or older; isn't that true? MR. PIKE: Form? A I would very much like to answer questions, every question with respect that you've posed here today, Mr. Horowitz. However, upon advice of my counsel, they've 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 advised me that I must assert my rights under the 2 Sixth, Fifth and Fourteenth Amendment. 3 Prior to May 2005. no one told you that 4 •was under the age of 18; isn't that right? 5 MR. PIKE: Form. 6 A I would very much like to answer every 7 question with respect to what. and what 8 everyone — other people said about. However, at least today my counsel advised me that I may not. They've advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. (Multi•page document was marked as Plaintiffs Exhibit number 8 for identification, as of this date.) Q Sir, I've just handed you defendant Jeffrey Epstein's Answer and Affirmative Defenses to plaintiff's Amended Complaints in the Jane Does number 8 lawsuit, filed by Do you have that in front of you? A Yes. Q I'll ask you to turn, please, to page 6, which is the Affirmative Defenses. With regard to paragraph one, what facts do you have to support your contention that ME 392 1 consented to and was a willing participant in the 2 acts alleged? 3 MR. PIKE: Form. 4 A I would like to answer every question 5 about J.M. here today. However, my counsel has 6 advised me that at least today — I must assert 7 my rights under the Sixth, Fifth and Fourteenth 8 Amendment, though I would ve mt like to 9 answer every question regardin 10 Q Sir, what facts do you know of to 11 support the statement thateonsented to and 12 was a willing participant in the acts alleged? 13 MR. PIKE: Form. 14 A Though I would like to answer every 15 question about any alleged incident with mh- 16 counsel has advised me that at least today I must 17 assert my rights under the Sixth, Fifth and 18 Fourteenth Amendment. 19 Q Isn't it true, sir, you're not aware of 20 anyone who has facts to support your assertion 21 that consented to and was a willing 22 participant in the acts alleged? 23 MR. PIKE: Form. 24 A I would like to answer every question 25 regarding■ and her claims, and these alleged 15 (Pages 389 to 392) U.S. Legal Support EFTA01103388 393 395 incidents. However, today, at least today, my 1 question that you've posed regarding your client, 2 counsel has advised me that I must assert my 2 =However, my counsel here today has advised 3 rights under the Sixth, Fifth and Fourteenth 3 me that 1 must assert my rights under the Sixth, 4 Amendment. . 4 Fifth and Fourteenth Amendment, at least today. Q Okay, turning to paragraph two, what 5 Q Turning to paragraph four of the 6 fact a aware of to support your contention 6 Affirmative Defenses, It is on the following page 7 that consented to and participated in 7 If you want to follow along; what facts do you 8 similar or identical acts with other people? 8 have to support your contention that you believed 9 MR. PIKE: Form. 9 attained the age of 18 at the time of the 10 A With respect to acts with similar other 10 alleged acts? 11 people, I would very much like to answer that 11 MR. PIKE: Form. 12 question. However, at least today my counsel has 12 A I would very much like to answer every 13 advised me that I must assert my rights under the 13 question with respect to and her claims. 14 Sixth, Fifth and Fourteenth Amendment. 14 However, today, at least today, my attorneys have 15 Isn't it true, sir, that this assertion 15 advised me that I must assert my rights under the 16 that consented to and participated in 16 Sixth. Fifth and Fourteenth Amendment. 17 similar or identical acts with other persons; 17 Q Isn't it true, sir, you knew that 18 that's not a true statement, is it? 18 was under the age of IS at the time of the 19 MR. PIKE: Form. 19 alleged acts? 20 A I would very much like to answer every 20 . MR. PIKE: Form. 21 single question with respect t c . and her 21 A I would very much like to answer every 22 alleged claims of alleged incidents. However, 22 question with respect to. claims. However, 23 today, my counsel has advised me I must assert my 23 my counsel today has advised me I must assert my 24 rights under the Sixth, Fifth and Fourteenth 24 rights under the Sixth, Fifth and Fourteenth 25 Amendment. 25 Amendment. 394 396 1 Q Isn't it true, sir, you're not aware of 1 Q kill it true, sir, you had no reason to 2 anyone who has facts to support your assertion 2 believe that ■Win IS years old or older at 3 that-consented to and participated in 3 the time of the alleged acts? 4 similar or identical acts with other people? 4 MR. PIKE: Form. 5 MR. PIKE: Form. 5 A I would like to answer every single 6 A I would like to answer every question 6 question regardingns claims, sir. However, 7 with respect to her alleged claims and 7 at least today my counsel has advised me I must 8 alleged incidents. However, today my counsel 8 assert my rights under the Sixth, Fifth and 9 has advised me that I must assert my rights under 9 Fourteenth Amendment 10 the Sixth, Fifth and Fourteenth Amendment, sir. 10 Q Isn't It true, sir, ever told you 11 Q Turning to paragraph three, what facts 11 she was 18 or older? 12 do you have to support your assertion that 12 MR. PIKE: Form. 13 consented to the acts alleged by not objecting? 13 A I would very much like to answer every 14 MR. PIKE: F0(111. 14 question regarding claims. However, today 15 A I would like to answer every question 15 my counsel has advised me that I must assert my 16 with respect to= claims and alleged 6 rights under the Sixth, Fifth and Fourteenth 17 incidents. However, today my counsel has advised 7 Amendment. 18 me I must assert my rights under the Sixth, Fifth 8 Q Isn't It true, sir, no one ever told you 19 and Fourteenth Amendment. 9 that was 18 or older? 20 Q Isn't it true, sir, you're not aware of 0 MR. PIKE: Form. 21 anyone who has facts to support your assertion 1 A I would like to answer every question 22 that consented to the facts alleged by not 2 with respect to claims. However, at least 23 objecting? 3 today my counsel has advised me that I may not, 24 MR. PIKE: Form. 4 and though I would like to, they told me I must 25 A I would very much like to answer every 5 assert my rights under the Sixth, Fifth and 16 (Pages 393 to 396) U.S. Le al Su ort EFTA01103389 397 399 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 i Fourteenth Amendment. 2 Q Sir did on ever pay for a telephone 3 numb. pay the phone bill? 4 A I would have to assert my rights under 5 the Sixth, Fifth and Fourteenth Amendment, sir. 6 Q Between 2001 and 2006, did you use the 7 telephone number • to get kids to 8 come to your home for your sexual pleasure? 9 MR. PIKE: Form. A Though I would like to answer all these questions regarding phone numbers, I'm sorry but I may not on advice of counsel, so I must assert my rights under the Sixth. Fifth and Fourteenth Amendment. Q Did you direct one or more people to use the telephone number a order to get kids, girls, to come to your home for your sexual pleasure? MR. PIKE: Form. A Though I would like to answer every one of your questions today regarding phone numbers, on advice of counsel. I may not, because it may be relevant to other lawsuits or this lawsuit, and they've instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth 1 age of 18 to come to your home for your sexual 2 pleasure? 3 MR. PIKE: Form. 4 A I would like to answer every one of your 5 questions regarding these phone numbers and 6 allegations. However, today, my counsel has 7 advised me that I may not and must assert my B rights under the Sixth. Fifth and Fourteenth 9 Amendment. 10 Q slave you ever paid the telephone bill or 11 had registered in your name the phone number 12 13 MR. PIKE: Form. 14 A Mr. Horowitz, l would like to answer 15 each one of your questions regarding phone 16 numbers here today, but on advice of counsel 17 they've told melmust assert my rights under the 18 Sixth, Fifth and Fourteenth Amendment. 19 Q Is -a telephone number you 20 used between 2001 and 2006 to get girls under the 21. age of 18 to come to your home for your sexual 22 pleasure? 23 MR. PIKE: Form. 24 A Though I would like to answer every one 25 of your questions regarding telephone numbers, my 2 3 4 Amendment. Q Have you ever either paid or had re istered to you the telephone number= MR. PIKE: Form. A I would like to answer every question 7 regarding phone numbers, Mr. Horowitz. My 8 attorneys have asked me to respond to most of 9 your questions here today by asserting my rights 10 under the Sixth, Fifth and Fourteenth Amendment I 11 will have to do so with respect to that question. 12 Q Between the years 2001 and 2006, did you 13 use the telephone number in order 14 to arrange for girls under the age of IS to come 15 to your home for your sexual pleasure? 16 MR. PIKE: Form. 17 A I would like to answer every one of your 18 questions regarding phone numbers here today, Mr. 19 Horowitz. However, on advice of counsel, at 20 least today, they've instructed me that I must 21 assert my rights under the Sixth, Fifth and 22 Fourteenth Amendment. 23 Q Between 2001 and 2006. did you direct 24 one or more people to use the telephone number 25 In order to get girls under the 398 400 1 counsel has advised me that at least today I may 2 not, because it may be relevant to this lawsuit 3 or another lawsuit, and they've instructed me 4 that I must assert my rights under the Sixth, 5 Fifth an dment. 6 Q I a telephone number 7 that you directed to other people to use in order 8 to gel kids to come to your home for your sexual 9 pleasure? 10 MR. PIKE: Form. 11 A I would like to answer every one of your 12 questions regarding phone numbers allegedly used 13 for these types of purposes. However, my counsel 14 today has advised me l may not and have 15 instructed me I must assert my rights under the 16 Sixth. Fifth and Fourteenth Amendment. 17 Q Sir, have you ever paid the phone bill 18 or had registered In your name the phone number 19 20 MR. PIKE: Form. 21 A Though I would like to answer that 22 question as I would like to answer every one of 23 your questions here today, my counsel has advised 24 me that at least today, I must assert my rights 25 under the Sixth, Fifth and Fourteenth Amendment, 17 (Pages 397 to 400) U.S. Legal Support EFTA01103390 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 401 sir. Q Is the tekphonc number i a telephone number you used between 2001 and 2006 hi order to get girls under the age of 18 to come to your home for your sexual pleasure? MR. PIKE: Form A I would like to mower evay one of your questions with respect to these telephone numbers. However, my counsel today has advised me that I must assert, at least today, my rights under the Fifth, Sixth and Fourteenth Amendment. Q Sir, is telephone number that you directed other people to use in order to get girls under the age of Itt to come to your home for your sexual pleasure? MR. PIKE: Form A I would like to answer every question regarding these telephone numbers. However, my counsel has advised me that at least today, that I may not and they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment Q Sir, have you ever registered in your same or paid the phone bill for telephone number 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 403 phone numbers. However, upon advice of my counsel, they've instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, have you ever paid the phone bill or had the phone number registered in your name? MR. PIKE: Form. A I would very much like to answer every question regarding phone numbers that you've posed here today, Mr. Horowitz. However, my counsel has advised me that at least today I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q SIr, is the telephone number Ie a telephone number you used between 2001 and 2004 to get underage girls to come to your home for your sexual pleasure? MR. PIKE Form. A I would very much like to ensues' even' one of your questions posed here today with regard to telephone numbers or anything else. However, my counsel has advised me at least today that I may not, and must assort my rights under the Sixth, Fifth and Fourteenth Amendment. 402 404 1 MR. PIKE: Form. 1 Sir, is the telephone number 2 A I would like answer each one of your 2 a telephone number you directed others 3 questions today, Mr. Horowitz, regarding these 3 to use in order to get underage girls to come to 4 telephone numbers. My counsel has advised me 4 your home for your sexual pleasure? 5 that at least today I may not, and must assert my 5 MR. PIKE: Form. 6 rights under the Sixth, Fifth and Fourteenth 6 A I would like to answer every one of your 7 Amendment. 7 questions regarding phone numbers, Mr. Horowitz. 8 Q Is a telephone number you 8 However, today my counsel has advised me that I 9 used between 2001 and 2006 to get girls under the 9 must assert my rights under the Sixth, Fifth and 10 age of 18 to come to your home for your sexual 10 Fourteenth Amendment. 11. pleasure? 11 Q Sir, have you ever paid the phone bill 12 MR. PIKE: Form. 12 or had the phone number registered 13 A Though I would very much like to answer 13 in your name? 14 every question regarding — that you've posed 14 MR. PIKE: Form. 15 here today regarding phone numbers, on advice of 15 A Sir, I would like to answer every one of 16 cbunsel, I may not. They've instructed me I must 16 your questions regarding phone numbers. However, 17 assert my rights under the Sixth, Fifth and 17 my counsel has advised me that at least today I 18 Fourteen 18 must assert my rights under the Sixth, Fifth and 19 Q Is a telephone number you 19 Fourteenth Amendment. 20 directed other people to use in order to get 20 Q Is the telephone number a 21 girls under the age of 18 to come to your home 21 telephone number that you used between 2101 and 22 for your sexual pleasure? 22 2006 in order to get kids to conic to your home 23 MR. PIKE: Form. 23 for your sexual pleasure? 24 A I would like to answer every one of your 24 MR. PIKE: Form. 25 questions posed here today regarding various 25 A Though I would Tike to answer every one 18 (Pages 401 to 404) U.S. Le al Su ort EFTA01103391 405 407 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 /5 16 17 18 19 20 21 22 23 24 25 of your questions regarding phone numbers here today, Mr. Horowitz, my counsel has advised me that I may not and must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, is telephone number a telephone number that you directed others to use In order to get underage girls to come to your home for your sexual pleasure? MR. PIKE: Form. A Though I would like to answer every one of your questions regarding phone numbers, Mr. Horowitz, the various phone numbers you've now put on the table, my counsel has advised me at least today I may not. I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, have you ever paid the phone bill or had registered In your name the telephone number MR. PIKE: Form. A Mr. Horowitz, I would like to answer every one of your questions regarding phone numbers that you've posed here today. However, upon advice of counsel, they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 regarding these various phone numbers you've thrown out today, my counsel have advised me that I may not, and must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Sir, have you ever paid the phone bill for telephone number MR. PIKE: Form. A Mr. Horowitz. ) would very much like to answer all your questions regarding all the various phone numbers you've thrown out here today. However, on advice of counsel they've asked me to assert my Sixth, Fifth and Fourteenth Amendment right. is the telephone number a telephone number that you used between 2001 and 2006 in order to get underage girls to come to your home for your sexual pleasure? MR. PIKE: Form. A Mr. Horowitz, with respect to all these phone numbers you keep throwing out, I have to unfortunately answer the question the same way as rye answered all your other questions here today, which is I'm going to have to assert my rights upon the advice of counsel under the Sixth, Fifth and Fourteenth Amendment. 406 1 Q Is a telephone number 2 that you used between 2001 and 2006 in order to 3 get girls under the age of 18 to come to your 4 home for your sexual pleasure? 5 MR. PIKE: Form. 6 A Mr. Horowitz, I would very much like to 7 answer every one of your questions regarding various numbers you've thrown out here today. I have to answer that question like I've answered all your other questions here today, which is on advice of counsel I may not answer these questions as they may not be relevant to another lawsuit -- Q Sir — go ahead, sorry. A though I would like to, I am going to have to assert my rights as instructed by counsel, under the Sixth, Fifth and Fourteenth Amendment. Q Sir, is the telephone number a telephone number that you directed others to use In order to bring girls to your home for your sexual pleasure? MR. PIKE: Form. A Though I would like to answer each and every one of your questions, Mr. Horowitz, 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 408 Q Sir, a telephone numberitrh k at you directed other people to use in order to get girls to come to your home for your sexual pleasure? MR. PIKE: Form. A Although I would like to answer every one of your questions regarding the various phone numbers that you've thrown out today, at least today. upon advice of counsel, I have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Have you ever paid the phone bill for telephone number MR. PIKE: Form? A With respect to all the phone numbers you've thrown out here today and asked questions with regard to today, my counsel has advised me must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Is the telephone number telephone number you directed other people to use in order to bring girls under the age of IA to your home for your sexual pleasure? MR. PIKE: Form. A I have to answer that question as I've 19 (Pages 405 to 408) U.S. Legal Support EFTA01103392 409 411 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answered most of your other questions here today, Mr. Horowitz, which is upon advice of counsel I have to assert my rights under the Sixth, Fifth end Fourteenth Amendment Q Sir, have you ever paid the phone bill for telephone number MR. PIKE: Form. A You've asked me many telephone numbers here today, Mr. Horowitz. I'm going to have to respond to that telephone number as I have to each and every one of your other phone numbers you've thrown out today, which is upon advice of counsel, they've instructed me to assert my rights under the Sixth, Fifth and Fourteenth Amendment although I would like to answer every one of your questions Q Is the number S a telephone number that you directed other people to use in order to bring underage girls to your home for your sexual pleasure? MR. PIKE: Fenn. A Though I would like to answer every question regarding phone numbers that you've posed here today, Mr. Horowitz, unfortunately my counsel advised me I must assert my rights under 1 interest in a business entity known as Zorro 2 Ranch? 3 A Though I would like to answer every one 4 of your questions, I would have to answer that S one as I've answered all your other questions 6 here today, which is upon advice of counsel today 7 they've asked me -- instructed me to assert my 8 rights under the Sixth, Filth and Fourteenth 9 Amendment. 10 Q Sir, have you ever owned or had a 11 beneficial interest, been a director or officer 12 of New York Strategy Group, LLC? 13 A Mr. Horowitz. I would like to answer all 14 of your questions here today, but unfortunately 15 my counsel has asked me — instructed me to 16 assert my rights under the Sixth, Fifth and 17 Fourteenth Amendment. 18 Q Have you ever owned or had a beneficial 19 interest in or been an officer or director or 20 founder of the COUQ Foundation? 21 A Though I would like to answer every one 22 of your questions, Mr. Horowitz, I have to 23 respond to that question as I have responded to 24 almost all of your other questions here today, 25 which is that upon advice of counsel, they've 410 1 the Sixth, Fifth and Fourteenth Amendment. 2 Q Sir, have you ever owned or had a 3 beneficial interest in a corporation known as 4 Nine East 71st Street Corporation? S A I would like to answer every one of your 6 questions here today, Mr. Horowitz, but on advice 7 of counsel, at least today, I'm going to have to 8 assert my rights under the Sixth, Fifth and 9 Fourteenth Amendment. 10 Q Sir, have you ever owned or had a beneficial Interest in .1. Epstein & Company? 12 A Sir, at least today with respect to most 13 of your questions, like — I've answered almost 14 all of your questions here today, upon advice of 15 counsel, they've asked me to assert my rights 16 under the Sixth. Fifth and Fourteenth Amendment. 17 Q Have you ever owned or had a beneficial 18 interest or been nn officer of Zorro Development 19 Corporation? 20 A I would like to answer every one of your 21 questions here today, Mr. Horowitz. However, 22 upon advice of counsel at least today, they've 23 asked me to assert my rights under the Sixth, 24 Fifth and Fourteenth Amendment. 25 Q Have you ever owned or had a beneficial 412 1 instructed me I must assert my rights under the 2 Sixth. Fifth and Fourteenth Amendment. 3 Q Have you ever been an owner, shareholder 4 or had a beneficial interest in Financial 5 Strategy Group, Inc.? 6 A I would like to answer that question, as 7 well as every other question you've posed here 8 today. However, my counsel has advised me that 9 at least today I must assert my rights under the 10 Sixth, Fifth and Fourteenth Amendment. 11 Q Have you ever owned or had a beneficial 12 interest or been a shareholder in Financial 13 Trustees, Inc.? 14 A Though I would like to answer every one 15 of your questions here, that you've posed here 16 today, Mr. Horowitz, I have to unfortunately 17 answer that question the same way as I've 18 answered almost all of your other questions here 19 today. Upon advice of my counsel they've 20 instructed me to assert my Sixth, Fifth and 21 Fourteenth Amendment right. 22 Q Sir, have you ever been an owner, 23 shareholder, officer or director of the Gislaine 24 Corporation? 25 A Can you spell that? 20 (Pages 409 to 412) U.S. Legal Support EFTA01103393 413 415 1 Q am I mispronouncing? 2 A Yes, 3 Q How would you pronounce It? 4 A Gislaine. 5 Q Okay. 6 A I'm sorry, but today at least I have to 7 assert my rights under the Sixth, Fifth and 8 Fourteenth Amendment upon advice of counsel. 9 Q Sir, have you ever been an 10 owner/shareholder or director of the LAW 11 Plantation Management Corporation? 12 A I would like to answer every one of your 13 questions here today, Mr. Horowitz, with respect 14 to that one, as well as all the others, I have to 15 assert my rights under the Sixth, Fifth and 16 Fourteenth Amendment. 17 Q Sir, have you ever been an owner, 18 shareholder or director of a business entity 19 known as Epstein Interests? 20 A With respect to that question, as well 21 as all of your other questions here today, my 22 counsel advised me I may only answer the 23 questions by asserting my rights under the Sixth, 24 Fifth and Fourteenth Amendment. 25 Q Sir, have you ever been officer, 1 THE WITNESS: Take a quick.. 2 (Indicating counsel.) 3 711E VIDEOGRAPHER: Going off the video 4 record 1:53 a.m. 5 (Pause in the proceedings.) 6 THE VIDEOGRAPHER: Back on the record 7 I I:56 a.m. 8 (The record was read.) 9 A Yes. 10 Q Are you an owner of the Florida Science 11 Foundation? 12 A On advice of counsel, at least today, 13 sir, I have been instructed to assert my rights 14 under the Sixth, Fifth and Fourteenth Amendment. 15 Q Are you an employee of Florida Science 16 Foundation? 17 A Yes. 18 Q What do you do in your role as an 19 employee of Florida Science Foundation? 0 A Though 1 would like to answer all of 1 your questions here today, Mr. Horowitz, upon 22 advice of counsel, they've instructed me I must r 3 assert my rights under the Sixth, Fifth and 4 Fourteenth Amendment. 5 Q What kind of work is the Florida Science 414 1 director, shareholder or employee of the Wexner 2 Investment Group? 3 A I have to respond to that question as I have responded to all your other questions here 5 today, Mr. Horowitz. Upon advice of counsel 6 they've instructed me to assert my rights under 7 the Sixth, Fifth and Fourteenth Amendment. 8 Q Sir, have you ever been a shareholder or 9 owner of MC Squared Modeling? 10 A With respect to that question, as all 11 the other questions you've posed here today, my 12 counsel has advised me I must assert my rights 13 under the Sixth, Fifth and Fourteenth Amendment. 14 Q Sir, do you have an ownership or 15 beneficial interest in a business entity known as 16 JEGE? 17 A I'm going to have to respond to that 18 question as I responded to all of your other 19 questions here today, Mr. Horowitz, which is, on 20 advice of counsel they've asked me to assert my 21 rights under the Sixth, Fifth and Fourteenth 22 Amendment. 23 Q Sir, do you have an ownership or 24 beneficial interest or even an employee of an 25 entity known as the Florida Science Foundation? 416 1 Foundation involved in, if any? 2 MR. PIKE: Form. 3 A Though I would very much like to answer 4 all of your questions here today, Mr. Horowitz, 5 upon advice of counsel, they've instructed me to 6 assert my rights under the Sixth, Fifth and 7 Fourteenth Amendment. 8 Q Where do you work for the Florida 9 Science Foundation? 0 MR. PIKE: Form. 1 A At 250 South Australian. That's the 2 offices. Q Is that the City of West Palm Beach? A Yes, sir. 5 Q During what hours do you work at the 8 6 9 1 3 Florida Science Foundation? 7 instructed me to assert my rights under the Sixth, Fifth and Fourteenth Amendment. 0 Q How long have you been working at the Florida Science Foundation? 2 MR. PIKE: Form. A Upon advice of counsel, sir, they've A I would like to answer all of your i24 questions here today, Mr. Horowitz. However, upon advice of counsel, at least today, they've 125 21 ( Pages 413 to 416) U.S. Legal Support EFTA01103394 417 419 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 instructed me to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q On what days do you work for the Florida Science Foundation? MR. PIKE: Forth. A Though I would like to answer each one of your questions hue today, my counsel has advised me that at least today I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Who else, if anyone, works for the Florida Science Foundation? MR. PIKE: Form. A Though I would like to -- MR. PIKE: You know that's standard Fifth Amendment, anyway. A Though I would like to answer each and every one of your questions today, Mr. Horowitz, my counsel has advised me with respect to that question, I must assert my rights under the Sixth, Fifth and Fourteenth Amendment Q is the Florida Science Foundation a for-profit or nonprofit corporation? A Upon advice of counsel, sir, with respect to that question, I'm going to have to 1 MR. PIKE: To the extent you can answer 2 that question without divulging my 3 communications with you, you can answer that 4 question. 5 ANo. 6 Q Did you review any materials, such as 7 depositions, police reports, anything else in 8 preparation for your deposition today? 9 ANo. 10 Q Did you review any notes or any 11 handwritten materials in preparation for your 12 deposition today? 13 A No. 14 Q You have notes on a piece of paper, art 15 those notes that you have made or reviewed in 16 preparation for your continuation of this 17 deposition here today? 18 A No. 19 Q In the past you've told me that some 0 time ago at another deposition, that you did not 1 like Jane Doe; is that right? 2 A I don't believe — I have no 3 recollection of that. 24 Q To be more specific, and hopefully to 25 Jog your memory, do you remember telling me you 418 1 assert my rights under the Sixth, Fifth and 2 Fourteenth Amendment. 3 MR. HOROWITZ: Sir, at this moment in 4 time, I don't have further questions. There may be some other questions that arise from 6 other people's questions. 7 THE WITNESS: All right. 8 MR. PIKE: Thank you, Mr. Horowitz. 9 MR. EDWARDS: Does anybody want to 10 address what we are going to do for lunch? 11 MR. HOROWITZ: You don't have to type 12 this. 13 (Discussion off the record.) 14 THE VIDEOGRAPHER: Off the video record 15 at 12:00 o'clock noon. 16 (Pause in the proceedings.) 17 THE VIDEOGRAPHER: Rack on the video 18 record 12:11 p.m. 19 MR. EDWARDS: Ready? 20 MR. PIKE: Yes, thank you. 21 THE WITNESS: Yes. 22 Q I represent Jane Doe inn case against 23 you and she is one of like ten representative 24 plaintiffs here today. Did you do anything to 25 prepare for your deposition today? 1 2 3 4 5 6 7 8 9 0 11 2 3 14 15 16 17 18 19 0 1 2 3 4 420 like L.M., but don't like my other two, one of those clients being Jane Doe; do you recall that? A I would like to answer every one of your questions, Mr. Edwards, but today at least, my counsel advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Why don't you like Jane Doe? MR. PIKE: Form. A I would like to answer every one of your questions, Mr. Edwards. However, today my counsel has advised me that I measures assert my rights under the Sixth. Fifth and Fourteenth Amendment. Q Did you sexually molest Jane Doe when she was 14 and I5 years old? MR. PIKE: Form. A I would like to answer all of your 22 (Pages 417 to 420) U.S. Legal Support EFTA01103395 421 423 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 1 questions with respect to Jane Doe. However my 2 counsel here today advised me I may not and must 3 assert my rights under the Sixth, Fifth and 4 Fourteenth Amendment. 5 MR. EDWARDS: Move to strike as 6 nonresponsive. 7 Q When you say you would like to answer B the questions, but your counsel has instructed you that you must invoke your Fifth, Sixth and Fourteenth Amendment rights, are you saying that you disagree with the advice of your counsel? MR. PIKE: I instruct you not to answer that question. MR. EDWARDS: On what ground? MR. PIKE: I don't need to give you grounds. MR. EDWARDS: It is not a privilege, just something you're instructing him not to answer? MR. PIKE: Absolutely it is a privilege. You heard him, what he said. He 22 is invoking his Sixth, Fifth and Fourteenth 23 Amendment in and as a result of his advice 24 of counsel. Your question elicits 25 attorney/client communications as well as 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 Q Have you read the statute or been instructed upon the Florida statute related to lewd and lascivious molestation? MR. PIKE: Form, instruct you not to answer that question, attorney/client work product, as worded. Q Other than your attorney telling you about the statute, or reading that statute to you, I certainly do not want and am not entitled to communications between you and your attorney, but have you otherwise familiarized yourself, either by way of reading the statute or being told by somebody other than your attorneys, regarding the statute lewd and lascivious molestation? MR. PIKE: Form. A Though I would like to answer every one of you ever questions here today, Mr. Edwards, most of your questions I have to respond by asserting on advice of counsel my Sixth, Fifth and Fourteenth Amendment right. Q Lewd and lascivious molestation is defined in Florida as a person who intentionally touches In a lewd or lascivious manner, the breasts, genitals, general area, or buttocks, or 422 1 work product. 2 Q So, attorney/client work product is the 3 basis for your objection? I understand. 4 MR. PIKE: Yeah. 5 Q Mr. Epstein, are you going to follow 6 your advice of counsel and invoke your Fifth 7 Amendment right against self-incritnination and not answer that question? A I'm going to follow my advice of counsel. Q Mr. Epstein, are you familiar with the laws in Florida on lewd and lascivious molestation? MR. PIKE: Form. A On advice of counsel I have to assert my rights with the Sixth. Fifth and Fourteenth Amendment. Q Do you understand my question in that I'm not asking you whether you committed any crimes related to the statute, only whether or not you are familiar with the Florida statute on lewd and lascivious molestation; do you understand that question? MR. PIKE: Form. A What does "familiar" mean. 7 18 19 (20 21 22 23 24 25 0 11 2 3 4 15 424 1 the clothing covering them, of a person less than 2 I6 years of age, or forces or entices a person 3 under 16 years of age to so touch the 4 perpetrator." 5 Having read that, isn't that a statute 6 that you violated on numerous occasions against 7 Jane Doe when she was a minor? 8 MR. PIKE: Form. 9 A I would -- have to assert my rights under the Sixth, Fifth and Fourteenth Amendment upon advice of counsel, Mr. Edwards. Q Subchapter six of that statute involves a crime of lewd and lascivious conduct that in Florida is defined as a person who intentionally touches a person under 16 years of age in a lewd 6 and lascivious manner, or a person who intentionally masturbates in the presence of a victim under 16 years of age." Those are also sections of that Florida statute that you violated against the then minor. Jane Doe; is that true? MR. PIKE: Form. A I would like to answer all of your questions with respect to Jane Doe, Mr. Edwards. However, today my counsel has advised me that I 23 (Pages 421 to 424) U.S. Legal Support EFTA01103396 425 427 22 23 24 25 8 9 10 11 12 13 14 15 16 17 18 19 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 am to assert my rights under the Sixth, Fifth and Fourteenth Amendment. MR. EDWARDS: Move to strike the nonresponsive portion of that answer. MR. PIKE: What's nonresponsive? MR. EDWARDS: What you would like to do is not responsive to the question related to his course of conduct. "Did you molest ha," is either "yes" or "no" or "invoked." I don't really care and I don't think it is relevant, what he would like to do. That's the part I would move to strike. MR. PIKE: If that's the part you're moving to strike, it is duly noted in the record. MR. EDWARDS: Okay. MR. PIKE: I object to that. For the record, based upon your comment, there have been several depositions in these consolidated cases and there has been implied arguments from the plaintiffs side relative to the Fifth Amendment waiver and why Mr. Epstein is invoking the Sixth, Fifth and Fourteenth Amendment Constitutional privileges and there are various adverse 1 molestation statutes against Jane Doe? 2 MR. PIKE: Form. 3 A Upon advice of counsel, Mr. Edwards, I 4 have to respond to that question as I responded 5 to most of your other questions here today, by 6 asserting my rights under the Sixth, Fifth and 7 Fourteenth Amendment. 8 I prefer to, in fact, respond to your 9 partner who helped file this lawsuit, but he is 10 currently in jail. You might want to strike that 11 as nonresponsive, but the ladies and gentlemen of 12 the jury will eventually know that most of these 13 cases have been brought by your finn, your 14 partner who sits in a jail for fabricating cases 15 of sexual nature against people like me and 16 others. 17 Q Okay. Let's talk about that, then. 18 You're talking about Scott Rothstein? Is that 19 right? You're saying my former partner. Is that 0 who you're referring to that sits in jail? 1 A Correct. 2 Q Okay, what about anything that Scott 3 Rothstein did, affects your answer to my question 4 as to whether or not you molested Jane Doe back 5 in 2003 and 2004? 426 1 inferences that I'm sure the plaintiffs will 2 attempt to gain. 3 There have been arguments made relative to the Fifth Amendment and I think that you 5 have, in particular, Mr. Edwards. have 6 attempted to balance what Mr. Epstein would 7 like to do, versus what if he did that, whether or not there would be a waiver of the Fifth, the Sixth and the Fourteenth. So, I understand your motion to strike and it is noted on the record, but I have to make clear for the record that there have been those arguments made and there is a balance as to what someone would like to do versus what someone can do, and the resulting consequences of that being waiver. Q Given what your attorney just said, my understanding that... You have been instructed that if you answer these questions, as you would 0 like to, that it would incriminate you? 1 MR. PIKE: Mischaracterizes my objection; and I instruct you not to answer. Q Why is it that you would like to answer questions about whether or not you violated 428 1 MR. PIKE: Form? 2 A I would like to answer that question 3 with respect to Scott Rothstein, his fabricated 4 cases and the reason he sits in jail. However, 5 today, at least today, my counsel has advised me 6 I must assert my rights under the Sixth, Fifth 7 and Fourteenth Amendment. 8 Q Yon say "at least today," but that's 9 something we have gone through with you day after 10 day, after day, and you say "at least today," and 11 we wait for the next deposition and again there 12 is assertion of a Firth Amendment right. Is 13 there ever going to be a day where you do answer 14 the questions? 15 MR. PIKE: Form. Move to strike. 16 A On advice of counsel, as I've answered 17 most of your other questions here today, be them 18 argumentative or not, meant for other purposes or 19 not, my answer is going to be that my counsel has 20 advised me that at least today I must Men my 21 rights under the Sixth, Fifth and Fourteenth 22 Amendment. 23 Q You indicated in your previous answer 24 that most of the eases were brought by me or my 25 former partner, Scott Rothstein. My 24 (Pages 425 to 428) U.S. Le al Su ort EFTA01103397 429 431 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 understanding is that there were more than 20 2 cases brought against you alleging you sexually 3 abused minors, and I have personally only filed 4 three. How many are you aware of in addition to the three that Scott Rothstein filed, or brought, as you say? 7 MR. PIKE: Form, mischaracterizcs the 6 8 witness's testimony. 9 MR. EDWARDS: Do you want the previous 10 answer read back related to that? 11 MR. PIKE: No, I think his answer will 12 be the same. 13 A At least today I have to respond to that 14 question as I've responded to most of your other 15 questions here today, Mr. Edwards, which is, at 16 least today I have to assert my rights under the 17 Fifth, Sixth and Fourteenth Amendment. 18 Q In a portion of your answer, you 19 indicated that Scott Rothstein fabricated cases. 20 Are you alleging that the case of Jane Doe 21 against Jeffrey Epstein Is a fabricated case? 22 MR. PIKE: Form. 23 A I would like to answer each one of your 24 questions here today, Mr. Edwards, especially 25 with respect to Jane Doe. However, my counsel 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 other questions, which is, that upon advice of 2 counsel, at least today, they've instructed me 3 that I must assert my rights under the Sixth. 4 Fifth and Fourteenth Amendment. 5 Q Isn't it also true that through the 6 years he has sent you as, quote, unquote, 7 "gifts," underage females, as young as I2 years 8 old for you to illegally engage in sex with? MR. PIKE: Fonn. A I'm going to respond to that question as I responded to most of your other questions, which is, upon advice ofcounsel, at least today, though I would like to answer the question, they've instructed me I must assert my rights under the Sixth. Fifth and Fourteenth Amendment. Q In fact, you know that we served Mr. Brunel for deposition In this case. Are you aware of that? MR. PIKE: Form. A I'm going to have to respond to that question as I respond to all your other questions here today, Mr. Edwards, which is by asserting my rights under the Sixth. Fifth and Fourteenth Amendment. Q He has been a house guest at your house 430 1 has instructed me I must assert my rights under 2 the Sixth, Fifth and Fourteenth Amendment. 3 Q Mr. Epstein, do you know a gentleman 4 named Jean Luc Brunel and the last name is 5 spelled 13-r-u-n-e-l. 6 MR.. PIKE: Form. 7 A My counsel has advised meat least 8 today, Mr. Edwards, as I've responded to most of 9 your other questions, I have to assert my right under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Brunel is somebody that you know to be a child molester; is that right? MR. PIKE: Form. A I would like to answer every one of your questions here today, Mr. Edwards. However, on advice of counsel, they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Brunel has been a close friend of yours for years and is still a close friend of yours today; is that right? MR. PIKE: Form. A Though I would like to answer every one of your questions posed here today, I have to answer that one as I've answered most of your 432 1 on numerous occasions this year; isn't that 2 true? 3 MR. PIKE: Form. 4 A Though I would like to answer every one 5 of your questions here today, Mr. Edwards, I have 6 to respond to that question on advice of counsel 7 the same way as I've responded to all of your 8 other questions, which is, I must assert my 9 rights under the Sixth, Fifth and Fourteenth 10 Amendment. 11 Q I've asked you simply, if Mr. Brunel has 12 been a house guest of yours during the year 2010, 13 and you're choosing to invoke your Fifth 14 Amendment right against self-incrimination and 15 basing that on your counsel's advice. 16 Does your counsel know that you made 17 that representation to Probation already this 18 year? 19 MR. PIKE: Form. 20 Q Do you understand the question? 21 A Are you asking me what my counsel 22 knows? 23 Q No. 24 A I think you just asked what my counsel 25 knows. 25 (Pages 429 to 432) U.S. Legal Support EFTA01103398 433 435 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 MR. PIKE: That's exactly what 2 A You should ask my counsel. 3 Q Here is my point: You've indicated to 4 your Probation Officer this year, in fact, I'll 5 ask it this way: Have you indicated to your 6 Probation Officer that Jean Luc Brunel has bees a 7 house guest of yours during the year 2010? MR. PIKE: Form. A I have been insuumed by my counsel to answer that question, as I have been instructed to answer most of your other questions here today, which is by asserting my rights under the Sixth, Fifth and Fourteenth Amendment. Q Do you know an attorney named Tama Kudman? MR. PIKE: Form -- actually that's not "form." I withdraw that. A No. Q Did Mr. Brunel ten you that Tama Kudman was an attorney that was hired to repre)ent him in this ease? MR. PIKE: I'm sorry, hold on. MR. EDWARDS: Did Mr. Brunel tell him. MR. PIKE: Dicey, tam. A I'm going to have to answer that 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 MR. EDWARDS: Agreed. MIL PIKE: His response is his verbal response. MR. EDWARDS: I understand that, but certainly if a witness is on the witness stand we both know they are allowed to observe the demeanor of the witness and part of that demeanor is the nodding or shaking of the head, which are common responses that is we all know and understand. I just want to make sure we are on the same page, the jury can ignore those body movements? MR. PIKE: Asa matter of fact, and as you know, since you tried several cases, there is a patterned jury instruction from the judge that says the jury can, in fact, take it into consideration. MR. HOROWITZ: That's the point. MR. PIKE: I cannot instruct the jury in this video deposition to ignore anything that occurs on this video. MR. EDWARDS: That's why I wanted to engage so I would make sure -- we are a little inconsistent obviously as to what the Jury should be observing, what they can, 434 1 question as I've answered most of your other 2 questions here today, Mr. Edwards, which is by 3 asserting my rights under the Sixth, Fifth and 4 Fourteenth Amendment. 5 Q And did you or some entity that you own 6 or control pay for the services of Tama Kudman to represent Jean Luc Brunel, in this matter? 8 MR. PIKE: Form. 9 A ... I'm going to have to assert my rights 10 under the Sixth, Fifth and Fourteenth Amendment 11 upon advice of counsel. 12 Q I certainly don't want to get into this 13 too often during this deposition but it is 14 visibly noticed on the video that prior to the 15 invocation of the Fifth Amendment, there is a 16 shaking of the head which commonly indicates that 17 the answer Is "No," and I just want to make sure 18 we are all on the same page, that that was not 19 your indication and that we can ignore those 20 types of body movements, as Mr. Pike instructed 21 me that was the case last time. 22 MR. PIKE: I think that the record is 23 clear. The court reporter does not 24 understand nods of the head, shakes of the 25 head, "um-hum" -- 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 436 versus his response. I guess for this time we will get into it. Q In that last question that I asked you, related to you or some entity that you control paying for the services of Ms. Kudman, is the answer "no" or is the answer that you are invoking your Fifth Amendment right to remain silent? MR. PIKE: Form. A With respect to that question, as with respect to all your other questions here today, Mr. Edwards, upon advice of counsel I have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true that you have specifically instructed Mr. Brunel to avoid his deposition in this case? MR. PIKE: Form. A Upon advice of counsel, as with respect to most of your other questions here today, I'm going to answer that the same way by invoking my rights under the Sixth, Fifth and Fourteenth Amendment, sir. Q Mr. Epstein, can you describe for the jury your various schemes that you have devised 26 (Pages 433 to 436) U.S. Le al Su ort EFTA01103399 437 439 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 to access underage minor females for sex? 2 MR. PIKE: Form. 3 A Though I would like to respond to all 4 these questions that you've posed here today, Mr. 5 Edwards, I'm going to have to assert my rights 6 under advice of counsel under the Sixth, Fifth 7 and Fourteenth Amendment. 8 Q I think the video will reflect that 9 prior to your invocation at that time there was a smile that I would characterize as a smirk, prior to that answer, and I would like to understand, was there any intention on your part to convey a message by that smile, prior to your invocation? MR. PIKE: First of all, this line of questioning is not only argumentative, but it is harassing, okay? MR. EDWARDS: We can play the video for whether or not it is harassing. MR. PIKE: You can play the video, but if someone raises an eyebrow, blinks, does something, it is... it is... for you to follow up with a harassing question is not only improper, but it is a waste of time, of attorney resources as well as judicial resources. I'm going to let you proceed, I 1 of my counsel, he's instructcd me that 1 may 2 not. I must invoke my rights under the Sixth, 3 Fifth and Fourteenth Amendment. 4 Q Mr. Epstein, is it true that you have 5 sexually molested underage minors in every 6 community where you have homes or houses? 7 MR. PIKE: Form. 8 A Though I would like to answer each one 9 of your questions here today, Mr. Edwards, I 10 would like to answer that question, to you and 11. your partner, who sits in jail for fabricating 12 cases of a sexual nature against people like me 13 and others in South Florida, but today, upon 14 advice of my counsel, they've instructed mel 15 must assert my rights under the Fifth, Sixth and 16 Fourteenth Amendment. 17 THE WITNESS: Before you go to the 18 bathroom? 19 MR. EDWARDS: Move to strike the portion 0 of the answer that was nonresponsive. 1 MR. PIKE: One second. 2 MR. EDWARDS: Move to strike the portion 3 of the answer nonresponsive. 4 MR. PIKE: Move to strike your motion to 5 strike. 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 438 mean, but... come on. MR. EDWARDS: With all due respect, I'm interpreting it as an intentional act designed to dilute the invocation of the Fifth Amendment and any adverse inference that we may be entitled to, and I think that you acknowledged previously that a jury will have or could have the ability to view this video, and I'm assuming a jury could make that same inference, so I want to make sure the record is just crystal clear. if the answer is one answer and there is no body movement, then I'll move on. If there is body movement, I'm probably going to address it. MR. PIKE: Fm going to move to strike your last narrative. MR. EDWARDS: Okay. Q What individuals other titan yourself helped you to devise your various schemes for accessing large numbers of minor females for sex? MR. PIKE: Form. A Though I would like to answer every one of your questions today, Mr. Edwards, upon advice 440 1 MR. EDWARDS: Based on the fact that it 2 was responsive? You feel it was 3 responsive? 4 MR. PIKE: Absolute — listen -- 5 MR. EDWARDS: It is fine if you do. 6 MR. PIKE: You're harassing the witness, 7 you're talking about heads and nod shakes. 8 If you want to be clear for the record,1 9 think, and Fm I think -- I think the 10 witness is nodding and shaking his head in a 1 manner because your questions are 12 argumentative. 'Please tell me the scheme 3 that you devised? 4 "Please tell me who you molested," all S of these are argumentative questions -- 6 MR. EDWARDS: If it wasn't true, it 7 would be argumentative. 8 MR. PIKE: They are just not formed 9 right. You are sitting here subjecting the 0 witness to questions that -- that are just 1 argumentative. They are not structured 2 appropriately, and you're taking that and 3 you're implying something else for the jury 4 on the record, and quite frankly, I don't appreciate that. So, yes, to answer your 27 (Pages 437 to 440) U.S. Le al Su ort EFTA01103400 441 443 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 question, it 100 percent is responsive. He is invoking his Sixth, Fifth and Fourteenth. THE WITNESS: Bathroom break now? MR. EDWARD$: That's fine. THE VIDEOGRAPHER: Off the video record 12:35 pm. (Pause in the proceedings.) MR. EDWARDS: twill be asking you to read back the lost question and answer, so you're ready. THE COURT REPORTER: Certainly. THE VIDEOGRAPHER: Back on the video record 1:16 p.m. MR. EDWARDS: Madam Court Reporter, if you could read back the last question, as well as the last answer which I have been • told was responsive. THE COURT REPORTER: Certainly. (The record was mad.) Q Mr. Epstein, why is it that you would like to tell Scott Rothstein whether you have sexually molested underage minors in the various communities where you have homes? MR. PIKE: Form. Mischaraaerizes the 1 that one, however, upon advice of counsel they've 2 instructed me that I must assert my rights under 3 the Sixth, Fifth and Fourteenth Amendment, and if 4 I don't do so, I risk losing that representation. 5 Q What is special about the question of 6 you molesting children on a daily basis for the 7 better part of two decades, that you would 8 especially like to answer that question? 9 MR. PIKE: I'm sorry? 10 MR. EDWARDS: His answer was that he 11 would especially like to answer that 12 previous question and the question posed to 13 him was... 14 Q Isn't it true for the better part of two 15 decades you have molested children on an every 16 day basis. And Pro asking now, what is it about 27 that question that makes you especially want to 18 respond to that one? 19 MR. PIKE: Form. 20 A Though I would like to answer that 21 question as well as your other questions here 22 today. Mr. Edwards, upon advice of counsel, 23 they've told me I must assert my rights under the 24 Sixth, Fifth and Fourteenth Amendment, or risk 25 losing my representation. 442 witness's testimony. 2 A I would like to answer that question, as 3 well as all of your other questions, Mr. Edwards, 4 however today my counsel has advised me) must 5 assert my rights under the Sixth, Fifth and 6 Fourteenth Amendment. 7 Q Can you tell the jury what, if anything, Scott Rothstein has to do with the allegations of you molesting underage children? MR. PIKE: Form. A Though I think the jury will find out what Scott Rothstein has to do with all these cases, I hope that's the case. I have been instructed by my counsel to respond to all of your questions, most of your questions here today, but I have to assert my Sixth, Fifth and Fourteenth Amendment. MR. EDWARDS: More to strike the portion of nonresponsive related to Scott Rothstein. Q Is it true for the better part of two decades you have interacted sexually with underage minors on a daily basis? MR. PIKE: Form. A I would like to answer every one of your questions here today, Mr. Edwards, especially 444 1 Q Is it true that you have intentionally 2 preyed on vulnerable children as young as 12 3 years old on an every day basis, for sexual 4 purposes for the last decade? 5 MR. PIKE: Form. 6 A Though I would like to respond to that 7 question, as well as other questions posed by 8 you„ and I would prefer to respond to both you 9 and your partner, Scott Rothstein, who sits in 10 jail for fabricating questions of a sexual 11 nature, cases of a sexual nature against people 12 like me and others in South Florida. You were 13 part of a law firm that the U.S. Attorney refers 14 to as one of the largest criminal enterprises in 15 South Florida's history, so though I would like 16 to answer, and you will probably mark my question 17 as nonresponsive, my counsel has told me today I 18 must not answer that question and must assert my 19 Sixth, Fifth and Fourteenth Amendment right. 20 MR. EDWARDS: Move to strike the answer 21 as nonresponsive. All other portions 22 portion of the answer, all but the 23 invocation of the Fifth Amendment. 24 Q Please describe for the jury the plan or 25 scheme that you employed to access the underage 28 (Pages 441 to 444) U.S. Legal Support EFTA01103401 445 447 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 minor females of Palm Beach County, including Jane Doe. MR. PIKE: Form. A I would like to answer that question as would like to have answered most of your other questions here today, especially with respect to Jane Doe, as she is your client, but on advice of counsel they've instructed me that I must, must assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right, so therefore that's what I'm going to do. Q Despite your preference you're going to listen to your counsel. MR. PIKE: Form, I'm going to Instruct you not to answer that question. MR. EDWARDS: As to whether or not he is going to listen to counsel? MR. PIKE: He's already invoked on advice of counsel. MR. EDWARDS: That last question was taken right out of Bob Critton's play book. MR. PIKE: Take it up with the Court. Bob Critton is not here, I am. Q Isn't it true as part of the plan to access young girls between 12 and 17 years old In 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Though I would like to answer that question, as well as all the other questions you've posed here today, Mr. Edwards, upon advice of counsel, they've instructed me i must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q With each and every underage minor female that arrived at your house under the idea they were to give you a massage, they were tint led up and left alone in your bedroom with you; is that correct? MR. PIKE: Form. A Again? Repeat the question. Q This is a scheme that you've employed for years and years, and years, and somehow you're having a hard time grasping how a scheme that you devised worked? MR. PIKE: No. Move to strike. You don't have a question on the table. Actually your previous question prior to what you just stated did not involve any word, quote, -seismic," end quote. If you want to repeat the question, go ahead. Q Isn't this how it worked, that an underage minor female would come to your house 446 Palm Beach County, that you would send a message 2 that you would be willing to pay those females 3 for them providing you a massage at your house? MR. PIKE: Form. 5 A You have to repeat the question. 6 Q Sure. The initiation, the manner in 7 which you gained access to underage girls between 8 the ages of 12 and 17 in Palm Beach, is that you 9 would initially have somebody tell them that they 10 could tome to your house and give you a massage 11 and you would pay them for their time. 12 MR. PIKE: Form. 13 THE WITNESS: It is not a question. 14 A You didn't ask me a question. You made 15 a statement. 16 THE WITNESS: Ifyou want to repeat it 17 back. 18 (Indicating the court reporter.) 19 Q I'll make it clearer for you. 20 A Thank you. 21 Q Did you send a message to various 22 underage minor females, that you would pay for 23 those underage minor females to provide you a 24 massage at your house? 25 MR. PIKE: NMI. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 448 1 and you instructed or did you instruct 2 or one of your other assistants to lead 3 that minor female up to your bedroom to be left 4 alone with you? 5 MR. PIKE: Form. 6 A Though i would like to answer that 7 question as well as all the other questions 8 you've posed here today, Mr. Edwards, upon advice 9 of my counsel they've instructed me I must assert my rights under the Sixth. Fifth and Fourteenth Amendment. Q Once that underage minor female, normally between the ages.of 12 and 17 would arrive in your bedroom, you would then appear naked or wearing only a towel each time; is that correct? MR. PIKE: Form. A I would like to answer each one of your questions, Mr. Edwards. However, today my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment, Q After appearing naked or wearing only a towel, then wouldn't you instruct the underage minor female to get naked herself? 29 (Pages 445 to 448) U.S. Legal Support EFTA01103402 449 451 9 10 11 12 23 14 15 16 17 18 19 20 2L 22 23 24 25 1 MR. PIKE: Form. 2 A Though I would like to answer all of 3 your questions here today, I'm going to have to 4 respond to that question as I've responded to 5 most of your others here today, which is by my 6 counsel's instructing me that I must assert my 7 rights under the Fifth, Sixth and Fourteenth 8 Amendment. 9 Q Then, once the underage minor female was 10 naked, you would attempt various lewd or 11 lascivious improper sexual acts against that 12 underage minor female, correct? 13 MR. PIKE: Form. 14 A Though I would like to respond to all of 75 your questions, Mr. Edwards, I have to respond to 16 that as I responded to all of the other questions 17 here today that you've posed, which is that my 18 counsel, at kast today, has instructed me I must 19 assert my rights under the Sixth, Fifth and 20 Fourteenth Amendment. 21 Q And you would always pay cash money to 22 the underage minor female after you improperly 23 and/or illegally sexually abused that underage 24 minor female, correct? 25 MR. PIKE: Form. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 F22 23 I 4 25 1 rights under the Fifth, Sixth and Fourteenth 2 Amendment or, in fact, potentially lose my right 3 to representation. 4 Q What you're saying with that answer is 5 that your counsel will not represent you anymore if you choose to waive your Fifth Amendment rights and begin to answer these questions? MR. PIKE: No, not at all, On the advice of counsel, if you know what the Sixth Amendment is and how it reads, you would understand what the invocation is, in full. So move to strike your — MR. EDWARDS: Question? MR. PIKE: -- last question, and it mischaracterkes the witness's testimony. Do you know what the Sixth Amendment is, Mr. Edwards? MR. EDWARDS: Yes, and it is not my deposition and I'm not sure your client knows about the effective assistance of counsel or any amendment -- MR. PIKE: Do you know how due process clause affects the 6th Amendment? Never mind, just go ahead. I'm sorry. MR. EDWARDS: However, the statement was 450 A Though I would like to answer each and 2 every one of your questions here today, Mr. 3 Edwards, my counsel has advised me I must assert my rights under the Sixth, Fifth and Fourteenth 5 Amendment. 6 Q Each of these sessions or sexual 7 interactions between you and underage minor 8 females ended, when you had ejaculated, correct? MR. PIKE: Form. A I would like to answer that question, as I would like to answer all of your other questions here today. However, today at least. my counsel has instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q After paying the underage minor female for being sexually molested, you would ask the underage minor female to leave her telephone number with one of your assistants; is that correct? MR. PIKE: Form. A I would like to answer that question. I would like to answer most of your other questions here today; however, at least today my counsel has advised me that I may not, and must assert my 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 452 1 made if he answers the questions, as he 2 would prefer to do, which seems remarkable 3 and incredible, then he would be fired or 4 you would be fired from him, and I want to 5 understand what it... Q Why is it that your attorneys will no longer represent you if you choose to do what you want to do, which is answer these questions? MR. PIKE: Move to strike. Do you want to ask a question? Because I'm not quite sure he even testified to that. We have been through several depositions and you are implying something from the invocation of the Fifth, Sixth and Fourteenth that does not exist. There has been no mention of firing, there's been no mention of withdrawing, there's been no mention of anything of the sort. MR. EDWARDS: Can we go back to the question and response that ended with risk losing my..." THE COURT REPORTER: Certainly. MR. PIKE: Once again, do you know that the Sixth Amendment is? MR. EDWARDS: Yes. 30 (Pages 449 to 452) MSS EFTA01103403 453 455 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: Would you like to Google it? Because that Sixth Amendment -- MR. EDWARDS: She will have a hard time going back, if you continue talking. She has to type while you talk. MR. PIKE: The Sixth Amendment, as incorporated into the due process clause, which is the Fourteenth Amendment is the right to effective assistance of counsel. MR. EDWARDS: I understand. MR. PIKE: If you read it in full, it will kind of shed light and you can probably glean the invocation and the meaning of it from his response. Is there a question? MR. EDWARDS: Go back, please. (The record was read.) Q So your counsel told you that you must invoke your Fifth Amendment right to remain silent, otherwise you will lose your right to their representation; is that what you're saying? MR. PIKE: Move to strike. Mischaracterizes the witness's testimony, and invocation... misconstrues and 1 A Though I would like to answer that 2 question as well as all the other questions 3 you've posed here today, Mr. Edwards, I'm afraid 4 that upon advice of counsel they've instructed me 5 that I must assert my rights under the Sixth, 6 Fifth and Fourteenth Amendment. 7 Q And a separate offer was made to each 8 underage minor female as well. That is, if she 9 brings you other underage minor females so that 10 you can sexually abuse, then you would pay a 11 finder's fee for each underage minor female 12 brought to you; is that correct? 13 MR. PIKE: Form. 14 A I would like to answer every one of the 15 questions you've posed here today, Mr. Edwards. 16 However, today at least, upon advice of counsel, 17 they have instructed me I must assert my rights 18 under the Sixth, Fifth and Fourteenth Amendment. 19 was a female that brought 20 you multiple underage minor females; is that 21 correct? 22 MR. PIKE: Form. 23 A Though I would like to answer every one 24 of your questions that you've posed here today, 25 my counsel has instructed me I must assert my 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 454 misinterprets the Fifth, Sixth and Fourteenth Amendments. I'm going to instruct you not to answer that question, because I don't understand it. It was not your response, and because -- MR. EDWARDS: I wrote down the response. MR. PIKE: -- and because, ill understand, your question, you phrased it as, "So if I understand you, your attorney told you," so I'm going to instruct you not to answer that question because it will, apparently, it would disclose my communications with you, so there you go. MR. EDWARDS: In his answer he said, "My counsel said I can't respond," so he is telling me already what -- MR. PIKE: That's not what he said. He said "On the advice of counsel." MR. EDWARDS: All right. Q The offer was then made to each underage minor female that each time she returned to you■ home and you sexually molest her, she will then be paid cash; is that correct? 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 25 456 rights under the Sixth, Fifth and Fourteenth Amendment. Q -was an underage minor female that you first abused when she was 13 years old; Is that correct? MR. PIKE: Form. A Though I would like to answer every question you have regarding L.M. here today, my counsel has instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q While -was a minor, she brought you more than 50 underage minor females that you sexually abuse, correct? MR. PIKE: Form. A I would like to answer all the questions you have regarding L.M., here today. However, at least today my counsel has instructed me I may not. I must assert my right under my Sixth, Fifth and Fourteenth Amendment. Q One of the underage minor females brought to you b3=was Jane Doe, when .lane Doe was age 14; is that correct? MR. PIKE: Form. A I would like to answer the questions 31 ( Pages 453 to 456) U.S. Legal Support EFTA01103404 457 459 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 regarding Jane Doe andn Mr. Edwards. However, at least today my counsel has instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Looking at the operative complaint in Jane Doe versus Jeffrey Epstein ease 80893, referring to the plaintiff Jane Doe, first indicates this is an action for damages in an amount in excess of 50 million dollars. Is that a number that you would agree would fairly compensate her, as well as punish you for the conduct you committed against Jane Doe? MR. PIKE: Form. A I would like to answer that question. would like to answer all of your other questions that you've posed here today, Mr. Edwards. However, at least today, on advice of counsel they've instructed me that I may not and have instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q One of the allegations Jane Doe makes is that Jeffrey Epstein demonstrated sexual preference and obsession for minor girls. Is it true that you have a sexual preference and 1 MR. EDWARDS: No, I'm asking if your 2 client agrees with the assertion that's 3 stated in the complaint, or if he has a 4 defense that is going to defeat such 5 assertion or evidence that is going to 6 defeat such assertion. So I'm simply asking 7 your client... 8 Q Is that a true statement? 9 MR. PIKE: Form. 10 A I would like to answer all of your 11 questions about Jane Doe and your other clients. 12 However, today my counsel has told me that I may 13 not. I must assert my rights under the Sixth, 14 Fifth and Fourteenth Amendment. 15 Q You did personally call Jane Doe on the 16 telephone on at least one occasion; isn't that 17 true? 18 MR. PIKE: Form. 19 A I would like to answer your questions 20 regarding calling Jane Doc, or contacting Jane 21 Doe. However, my counsel has instructed me that 22 today, at least, I may not. I must assert my 23 rights under the Sixth, Fifth and Fourteenth 24 Amendment. 25 Q And of the time when you contacted Jane 458 1 obsession for minor girls? 2 MR. PIKE: Form. 3 A I would like to answer the question with 4 respect to what Jane Doe said, however, my 5 counsel today has instructed me that I must 6 assert my rights under the Sixth, Fifth and 7 Fourteenth Amendment 8 Q Another allegation is that defendant 9 Epstein's planned scheme and enterprise included 10 an elaborate system wherein the then minor 11 plaintiff and other minor iris were contacted by 12 telephone by Epstein or other 13 unknown employees or assistants working for 14 Epstein, and were then persuaded to come over to 15 Epstein's house for the purposes of engaging in 16 prostitution. 17 Is that a true statement? 18 MR. PIKE: First, I'm going to object to 19 the form and second, I believe you're 20 working from a portion of a complaint 21 especially with your reference to scheme and 22 the RICO allegations that were dismissed 23 with prejudice. So, I just want to be 24 clear, are you doing discovery on a count 25 that no longer exists? 460 1 Doe, was the purpose to have ber come to your 2 house and interact with you sexually? 3 MR. PIKE. Form. 4 A Con you repeat the question? 5 Q Yes, the time that you called Jane Doe, 6 was the purpose of your call to have her come to 7 your house and interact with you sexually? 8 MR. PIKE Form. 9 A I would like to answer that question as 10 1 would like to answer all of your other 11. questions with respect to Jane Doe, your client. 12 However, today at least, my counsel has 13 instructed me I must assert my rights under the 14 Sixth, Fifth and Fourteenth Amendment 15 MR. EDWARDS: Move to strike a portion 16 of the answer that's nonresponsive. 17 was one of your assistants 18 back in the years 2003, 2004 and 2005, correct? 19 A I would like to answer each one of your 20 questions, Mr. Edwards, here today; however, on 21 advice of counsel, at least today Pm going to 22 have to assert my rights under the Sixth, Fifth 23 and Fourteenth Amendment. 24 called by telephone Jane 25 Doe when Jane Doe was a minor child, on more than 32 (Pages 457 to 460) U.S. Legal Support EFTA01103405 461 463 1 15 occasions; isn't that true? 1 of your private airplane to Palm Beach for the 2 MR. PIKE: Form. 2 specific purpose of luring minor girls to your 3 A Mr. Edwards, I would like to answer 3 mansion for the purposes of sexually abusing 4 every one of your questions regarding Jane Doe 4 them? S that you've posed here today. However, at least 5 MR. PIKE: Form. 6 today, on advice of counsel I'm going to have to 6 A I would like to answer that question, 7 assert my rights under the Sixth, Fifth and 7 Mr. Edwards„ but today at least, on advice of 8 Fourteenth Amendment. 8 counsel, they've instructed me to assert my 9 Q The purpose or contacting 9 Sixth. Fifth and Fourteenth Amendment rights. 10 the minor child Jane Doe back in 2003,2004 and 10 Q Isn't it true that you conspired with 11 2005, was always to get her to come to your house 11 others to contact minor females including Jane 12 to interact with you sexually; is that correct? 12 Doe, for the purposes of sexually abusing Jane 13 MR. PIKE: Poem. 13 Doe? 14 A I would like to answer that question as 14 MR. PIKE: Form. 15 well as all your other questions you've posed 15 A I would like to answer that question, 16 here today regarding your client, Jane Doe. 16 Mr. Edwards, as well as every other question 17 However, at least today, my counsel has advised 17 you've posed here today. However, at least today 18 me I must assert my rights under the Sixth, Fifth 18 upon advice of counsel they've instructed me to 19 and Fourteenth Amendment. 19 assert my Sixth, Fifth and Fourteenth Amendment 20 Q Did you or or any of your 20 right 21 other assistants contact Jane Doe for some other 21 Q Isn't It true that your sexual 22 purpose than to have her come to your house for 22 interaction with Jane Doe occurred specifically 23 you to sexually molest her? 23 during the time period. February 2003 through 24 MR. PIKE: Form. 24 June 2005? 25 A Though I would like to answer every • 25 MR. PIKE: Form. 462 4&1 question that you've posed here today regarding 1 A I'm going to have to respond to that, 2 Jane Doe, Mr. Edwards, my counsel has advised me, 2 Mr. Edwards, as I've responded to all your other 3 3 questions, which is that today at least on advice at least today, that I may not and must assert my 4 rights under the Fifth, Sixth and Fourteenth 4 of counsel I must assert my rights under the S Amendment. 5 Sixth, Fifth and Fourteenth Amendment. 6 Q Each call that was made by you or on 6 Q During the time Jane Doe was under the 7 your behalf to Jane Doe, was made at a time when 7 age of 16, isn't it true that you digitally 8 Jane Doe was a minor child, true? 8 penetrated her vagina? 9 MR. PIKE: Form. 9 MR. PIKE: Form. 10 A I would like to answer that question as 10 A I would like to answer that question, as 11 well as all your other questions with regard to 11 well as your other questions. However, at least 12 Jane Doe, Mr. Edwards. However, today my counsel 2 today my counsel has advised me I must assert my 13 has advised me I may not and must assert my 13 rights under the Sixth, Fifth and Fourteenth 14 rights under the Sixth. Fifth and Fourteenth 14 Amendment. 15 Amendment. 15 Q Immediately following that question, you 16 () In addition to your Palm Beach home, 6 clearly smiled and rolled your eyes. Is there 17 isn't it true that you own a, what has been 7 anything that we should read or the jury should 18 called a mansion in New York, a ranch in New 18 read into that body language? 19 Mexico, a home in France, as well as an island in 19 MR. PIKE: I'm going to instruct you not 20 the Virgin Islands? 0 to answer the question. 21 MR. PIKE: Font. 1 I move to strike it as harassing. 22 A I'm sorry, but today at least, on advice 2 MR. EDWARDS: Move to strike what as 23 of counsel I have to assert my rights to the 3 harassing? It is something that everybody 24 Sixth, Fifth and Fourteenth Amendment. 4 is going to be able to see and I want to 25 Q Isn't It true that you traveled by way 5 know what it means, if anything. 33 (Pages 461 to 464) U.S. Legal Support EFTA01103406 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21. 22 .23 24 25 465 MR. PIKE: I'm instructing him not to answer. MR. EDWARDS: How are you instructing not to answer a question? MR. PIKE: Because I am. MR. EDWARDS: Based on what? MR. PIKE: Because it is harassing. MR. EDWARDS: I'm not harassing. I want to know why he did what he did. MR. PIKE: You are harassing him. I mean, it is an argumentative question -- MR. EDWARDS: He harassed my clients. MR. PIKE: — he has been here since 10:00 o'clock. He's given several depositions. This is Volume III of a continuation, okay? He's sitting here waiting for your questions but not waiting to be harassed. Q There is a way to prevent those questions, and that's not do that type of rolling your eyes. MR. PIKE: You're not going to instruct the witness on how to the witness is here behaving professionally -- MR. EDWARDS: In your mind. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 467 1 going to let it happen, not on my watch, not 2 today. You can take it up with the Court. 3 MR. EDWARDS: I will. 4 MR. PIKE: Mali( the record. If you 5 will. 6 MR. EDWARDS: It is marked. I'm just 7 wondering whether there is going to be a privilege asserted or it is just going to be a blanket, I'm telling the witness not to answer," related to something that the jury is going to view and should be entitled to know what it means. MR. PIKE: (Counsel shrugs.) MR. EDWARDS: You just don't like that your client is giving those body language responses. MR. PIKE: No. Move to strike. It has nothing do with that. It has to do with a significant fact, that on a legal basis you're attempting to badger and harass the witness, based upon what you believe are some sort of facial expressions and you're attempting to get an adverse inference from an answer. I'm not going to let him answer a harassing question, so you can then get an 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 466 MR. PIKE: — Answering your questions, invoking his Constitutional rights under the United States Constitution. And I'm sorry that that doesn't make you happy, but I'm not here — MR. EDWARDS: It doesn't make him happy either, apparently. MR. PIKE: - I'm not here to dispute and debate with you what privileges are being invoked and whether you feel it is right or wrong. If you have a question, ask the witness a question. Q Why did you roll your eyes when I asked you If you digitally penetrated Jane Doe when she was 14 and 15 years old? MR. PIKE: I'm instructing you not to answer that question. MR. EDWARDS: Your reason for the instruction is based on some privilege? MR. PIKE: My reason for the instruction is that you are attempting to play fast and loose with the Fifth Amendment and adverse inference. MR. EDWARDS: I'm not. MR_ PIKE: Yes, you are, and I'm not 468 1 adverse inference relative to some gesture. 2 MR. EDWARDS: We will take it up, fine. 3 MR. PIKE: Take it up. 4 Q Mr. Epstein, Isn't it also true that you 5 used a vibrator or vibrating device on Jane Doe's 6 vagina when she was under the age of 16? 7 MR. PIKE: Form. 8 A I would like to answer all of your 9 questions, Mr. Edwards. However, today on advice 10 of counsel, theyve advised me that I may not and 11 must assert my rights under the Sixth, Fifth and 12 Fourteenth Amendment. 13 Q Isn't it also true when Jane Doe was a 14 minor child, that you masturbated on multiple 15 occasions in her presence? 16 MR. PIKE: Form. 17 A I would like to answer all of your 18 questions regarding Jane Doe. However, today my 19 counsel has advised me that I may not, and have 0 instructed me to assort my rights under the 1 Sixth, Fifth and Fourteenth Amendment. 2 Q In June of 2008, isn't it true, sir, 23 that you entered pleas of guilty to various 24 felony -- to two felony charges in Palm Reach 25 County? 34 (Pages 465 to 468) U. S . Le Sie . Support EFTA01103407 469 471 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3. MR. PIKE: Asked and answered within 2 this deposition. 3 A Yes. 4 Q And as a result of those guilty pleas 5 you were sentenced to 18 months incarceration in 6 Palm Beach County jail; Is that correct? 7 MR. PIKE: Asked and answered. 8 A Yes. Q In addition to the sentence related to those felony charges, isn't It also true that you entered into an agreement known as the "Nonprosecution Agreement," with the federal government? MR. PIKE: I'm sorry, would you read that back, Madam Court Reporter? (The record was read.) MR. PIKE: Can you reword the question? MR. EDWARDS: Sure. Q Did you enter into an agreement with the federal government that is entitled "Nonprosecution Agreement"? A Yes. Q And that Nonprosecution Agreement at paragraph 7 Indicates that "The United States shall provide Epstein's attorneys with a list of 1 2 3 4 S 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 liability"? Are you familiar with that section of the agreement? MR. PIKE: Form, and the document speaks for itself. A The document speaks for itself. Q Are you familiar with that portion of the document? A I'm not sure what you mean by "familiar with," sir. Q Have you read it? A Yes. Q So, if Jane Doe were to bring a claim exclusively under 18 USC 2255, then you already contractually agreed to waive your right to contest liability to that claim; is that true? MR.. PIKE: Form, and calls for a legal conclusion. A Upon advice of counsel, though I would like to answer all of your questions here today, they've Instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment THE WITNESS: Five minutes? MR. EDWARDS: Whatever you need. THE WITNESS: Okay. 470 1 individuals whom it has identified as victims, as 2 defined in 18 USC 2255, after Epstein has signed 3 this agreement, and been sentenced." Have you 4 seen the names of the identified victims that 5 were supplied by the U.S. Attorney's office? 6 A I would like to answer that question as 7 I would like to answer most of your other 8 questions here today, Mr. Edwards. However, upon 9 advice of counsel they've instructed me that I 10 must assert my rights under the Sixth, Fifth and 11 Fourteenth Amendment. 12 Q And isn't it true that Jane Doe was on 13 that list of victims that was supplied to you by 14 the United States? 15 A I would like to answer that question. 16 However, at least today my attorneys have advised 17 me that I must assert my rights under the Sixth, 18 Fifth and Fourteenth Amendment. 19 Q In paragraph eight of the Nonprosecution 20 Agreement between you, Mr. Epstein, and the 21 United States Attorney's Office, it Indicates, 22 "If any of the individuals, referred to In 23 paragraph 7," referring to the list of victims, 24 "elects to file a lawsuit pursuant to 18 USC 25 2255, Epstein waives his right to contest 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ro 1 2 3 4 5 472 THE VIDEOGRAPHER: Going off the video record 1.51 pm. (Pause in the proceedings.) TFIE VIDEOGRAPHER: Back on the video record 1:57 p.m. Q The specific federal statute that is incorporated In the Nonprosecution Agreement, IS USC 2255. states -- rather than do it that way, let me just ask the question. Mr. Epstein, did you knowingly conspire with others to use a telephone to persuade, induce or entice minor females, including Jane Doe, to engage in prostitution? MR. PIKE: Foam A Though I would like to answer that question, as most of your other questions, I have to respond by telling you that my attorneys have told me, at least today, that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Epstein, did you knowingly and willfully conspire with others to travel interstate for the purpose of engaging in illicit sexual conduct with minors, including Jane Doe? MR. PIKE: Form. 35 (Pages 469 to 472) U.S. Legal Support EFTA01103408 473 4 7 5 1 A Though I would like to answer that 1 exclusively under 18 USC 2255, that you waived 2 question, as well as most of your other questions 2 your right to contest liability? 3 3 MR. PIKE Form. Also, could call for here today, Mr. Edwards, in fact, all of the 4 other questions here today, my counsel has 4 the disclosure of attorney/client 5 instructed me at least today, I must assert my 5 communications and work product, and is rights under the Fifth, Sixth and Fourteenth 6 protected under the Federal Rule of Evidence 7 Amendment. 7 502408, as well as 410? 8 Q Mr. Epstein, did you use a tekphone to 8 A Though I would like to answer that 9 knowingly persuade, induce or entice minor 9 question, Mr. Edwards, I have to invoke my rights 10 females, including Jane Doe, to engage In 10 under the Sixth, Fifth and Fourteenth Amendment. 11 prostitution? 11 Q In a recent motion for summary judgment 12 MR. PIKE: Form. 12 filed on your behalf, a statement is made, 13 A Though I would like to answer that 13 "Epstein never using a facility or means of 14 question, as well as your other questions today, 14 interstate commerce, knowingly persuaded, induced 15 Mr. Edwards, at least today, my counsel has 15 or enticed Jane Doe when she was under the age of 16 instructed me that I must assert my rights under 16 18 years, to engage in prostitution or sexual 17 the Sixth, Fifth and Fourteenth Amendment. 17 activity for whkh any person can be charged with 18 Q Mr. Epstein, did you travel, interstate 18 a criminal offense or attempted to do so." That 19 commerce for the purpose of engaging in illicit 19 is a false statement, true? 20 sexual conduct with minor females, including Jane 20 MR. PIKE: Form. 21 Doe? 21 A Though I would like to answer that 22 MR. PIKE: Form. 22 question, on advice of counsel I have been 23 A Though I would like to answer that 23 instructed to assert my rights under the Sixth, 24 question, as well as the other questions you've 24 Fifth and Fourteenth Amendment. 25 posed hoe today, Mr. Edwards, fen afraid that my 25 Q The statement was also made on your 474 476 1 counsel has instructed me that I must assert my 1 behalf, "Epstein never attempted to or conspired 2 rights under the Sixth, Fifth and Fourteenth 2 to knowingly transport Jane Doe in interstate or 3 Amendment. 3 foreign commerce or In any Commonwealth territory 1 Q Isn't It true that you agreed with the 4 or possession of the United Stales, with Intent 5 federal government that if Jane Doe brought S that Jane Doe engage in prostitution or in any 5 claims exclusively alleging those sections of I8 6 sexual activity for which any person can be 7 USC 2255 that I've read in the preceding, four 7 charged with a criminal offense." a paragraphs, that you would admit liability unto 8 That is also a false statement; isn't 9 her as an identified victim? 9 that right? 10 MR. PIKE: Form. 10 MR. PIKE: Fonn. 11 A I don't believe that's what the document 11 A You said "lime Doc." 12 says. 12 Q Jane Doe is Jane Doe in this case. 13 Q The document says, "If any of the 13 MR. PIKE: Form. 14 Individuals referred to In paragraph 7 elects to 19 A I believe her deposition speaks to 15 file suit pursuant to IS USC 2255, Epstein waives 15 that. With respect to anything else, I have to 16 his right to contest liability, and also waives 16 assert my rights under the Sixth, Fifth and 17 his right to contest damages up to an amount as 17 Fourteenth Amendment. 18 agreed to between the identified individual and 18 Q You believe that Jane Doe's deposition 19 Epstein, so long as the identified individual 19 speaks to whether you attempted or conspired to 20 elects to proceed exclusively under 18 USC 20 knowingly transfer Jane Doe in interstate 21 2255." 21 commerce, correct? 22 That's the provision. I'll ask you then 22 MR. PIKE: Form. 23 the question: Didn't you agree with the federal 23 Q You believe her deposition speaks to 24 government that if Jane Doe, an identified 24 that? 25 victim, proceeds in a case against you, 25 A That's my belief, yes. 36 (Pages 473 to 476) U. EFTA01103409 477 479 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And then would you adopt her deposition 2 testimony as true and as your support for that 3 assertion? 4 MR. PIKE: Form. 5 A You're asking her entire deposition 6 testimony? 7 Q The deposition as it relates to whether 8 or not you knowingly transported her in interstate commerce. A Well, I would like to answer that question, but on advice of counsel, at least today, I have been instructed to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q A statement that Epstein never attempted to or conspired to travel in interstate commerce or travel into the United States or travel in foreign commerce for the purpose of engaging In illicit sexual conduct with Jane Doe," is also a false statement, isn't it? MR. PIKE: Form? A I would like to answer that question ns well as your other questions, Mr. Edwards. However, today my counsel has instructed me that I must assert my Fifth, Sixth and Fourteenth Amendment right. 478 Q The statement that Epstein never 2 attempted to or conspired to travel in foreign 3 commerce and engage in any illicit sexual conduct 4 with Jane Doe, is also a fake statement; isn't that right? MR. PIKE: Form. A I would like to that question as well as 9 the other questions posed today, Mr. Edwards. 9 However, on the advice of counsel they've 10 instructed me to assert my Sixth. Fifth and 11. Fourteenth Amendment right. 12 Q In fact, you did contact Jane Doe when 13 she was a minor child as well as conspired to use 14 a telephone to contact Jane Doe when she was a 15 minor child, specifically for the purposes of 16 engaging in illicit sexual conduct with Jane Doe, 17 true? 18 MR. PIKE: Form. 19 A Though I would like to answer that 20 question as well as your other questions posed 21 here today, Mr. Edwards, l have been instructed 22 by my counsel that I must assert my rights under 23 the Sixth, Fifth and Fourteenth Amendment. 24 Q Did you intentionally touch Jane Doe on 25 her person and against her will or without her 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 legal consent? 2 MR. PIKE: One second... Form. 3 A Without her legal consent? 4 Q Yes. 5 A Can you tell me what that means? 6 Q In order to answer that question, I need 7 to explain to you what legal consent means? 8 A Yes, sir. Q Let's start with this question — A Can you explain it to me? Q Do you believe that a 14-year old child can legally consent to sexual interaction with a man like you that was over the age of 50? MR. PIKE: Form. THE WITNESS: Asking for a legal... MR. PIKE: Go ahead and invoke? A I would like to answer that question, if I understood it correctly. However, my attorneys have advised me today at least to invoke my Sixth, Fifth and Fourteenth Amendment right. MR. PIKE: And I think you skipped over a question because you went from the first question, and the witness was — MR. EDWARDS: Asking for a definition? MR. PIKE: Asking for a definition, so 480 1 he could properly interpret your question 2 and attempt to answer it. 3 Q I'm understanding that, based on your 4 answer, that my question, "Did you intentionally. 5 touch Jane Doe without her legal consent?" And 6 your response, depends on the definition of 7 "legal consent:" Is that true? 8 MR. PIKE: I think that the witness -- as people regularly do as deponents, ask for clarification of a question, and Mr. Epstein asked you to clarify what, legal consent' was. If you wish to do that, then I guess he could potentially understand your question. However, if you don't want to do that, then I guess we can just move on. Q This will provide the answer: How old was Jane Doe when you touched her? MR. PIKE: Form. Assumes facts not in evidence. A I — I -- I don't know how to answer that question. I'll have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment right. Q Tell me why you're having trouble answering the question and I'll clarify the 37 (Pages 477 to 480) U.S. Legal Support EFTA01103410 481 483 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 question for you so it will be easier for you to 2 answer. 3 MR. PIKE: You've answered the 4 question. S MR. EDWARDS: His response was he 6 doesn't know how to answer the question. I 7 want to help him. I want to make sure that 8 the jury understands the question and the answer. MR. PIKE: He invoked the Fifth, Sixth and Fourteenth. Q Mr. Epstein, did you touch Jane Doe in intimate areas of her body when she was a minor child? MR. PIKE: Form. A I would like to answer that question, all your questions with respect to Jane Doe, Mr. Edwards. However, today at least, my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q In fact, didn't you touch Jane Doe in intimate areas of her body, including her vagina, her breasts, and her buttocks on dozens of occasions between February 2003 and June 2005? MR. PIKE: Form. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 However, at least today, my counsel has 2 . instructed melmust assert my rights under the 3 Sixth, Fifth and Fourteenth Amendment. 4 Q Do you see yourself, Mr. Epstein, as a 5 danger to the middle school and high school 6 children in the Palm Beach community? 7 MR. PIKE: Form. B A Though I would like to answer that question, as well as the other questions that you've posed here today, Mr. Edwards, my counsel has instructed me I must respond by asserting my rights under the Sixth, Fifth and Fourteenth Amendment. Q When you engaged in illegal sexual conduct with Jane Doe, was it your intent to cause her severe emotional distress? MR. PIKE: Form. A Though I would like to answer every question with respect to Jane Doe, Mr. Edwards„ at least today my counsel has advised me that I MUM assert my rights under the Sixth, Fifth and Fourteenth Amendment. (..? When you engaged in sexual conduct with Jane Doe when she was a minor child, age 14, 15, 16 and 17, would you agree that you showed 482 1 A Though I would like to answer every 2 question about Jane Doe that you've posed here 3 today, Mr. Edwards, upon advice of counsel, at 4 least today, they've instructed me I must assert 5 my rights under the Sixth. Fifth and Fourteenth 6 Amendment 7 Q Do you agree that the inappropriate 8 sexual conduct, that your inappropriate sexual 9 conduct towards Jane Doe, was both extreme and outrageous? MR. PIKE: Form. A I would like to answer all of your questions with respect to Jane Doe that you've posed here today, Mr. Edwards. However, upon advice of counsel, they've instructed me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment Q Do you also agree that your sexual interaction with Jane Doe when she was a minor child was outrageous and so extreme in degree that it should not be tolerated In a civilized community? MR. PIKE: Form. A I would like to respond to all your questions with respect to your client, Jane Doe. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 484 1 reckless disregard with the high probability of 2 causing severe emotional distress to Jane Doe? 3 MR. PIKE: Form. 4 A Though I would like to answer all your 5 questions that you've posed here today regarding 6 Jane Doe, on advice of counsel, at least today, they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Mr. Epstein, did you coerce Jane Doe into prostitution? A ... Again? Q Did you coerce Jane Doe into prostitution? A Can you tell me what you mean by "coerce," please? Q Tell me, how did you -- A I've asked you a simple question. Can you tell me what "coerce" means, please? Q The definition or the word "coerce" will allow to you answer that question? A I'm trying to understand the question. MR. PIKE: You're using.. for the record, you're using legal terms. -Consent," 'coerce." Those are the terms you're utilizing in your question. Mr. 38 (Pages 481 to 484) U.S. Le al Su ort EFTA01103411 485 487 1 Epstein is simply asking you what those 1 MR. PIKE: Form. 2 terms mean in order to facilitate a response 2 A I would like to answer every one of your 3 or a response coupled with the invocations. 3 questions with respect to Jane Doc, Mr. Edwards. 4 He doesn't — he is not a lawyer. He 4 However, today, my counsel has instructed me that 5 doesn't understand these legal terms, and he S I must assert my rights under the Sixth, Fifth 6 is asking you for clarification. If you 6 and Fourteenth Amendment. 7 want to take those legal terms out of your 7 Q If you answer that question for me, then 8 questions and simplify them, then go ahead 8 I can tell you whether that falls under the 9 and do that, but it is fair that he ask what 9 definition of coercing her into prostitution. 10 certain words mean. 10 A Is that a question? 11 MR. EDWARDS: I absolutely agree and 11 Q Sure. Can you provide an answer to the 12 want to make sure before I give him the 12 previous question, so I can categorize that as 13 definition, that this question is being 13 coercion or noncoercion? 14 asked because the definition will help him 14 MR. PIKE: No, he cannot, because I 15 to accurately answer the question, assuming 15 don't know what question is on the table, 16 that would be the only reason he would ask 16 and it is as simple as that. I don't know 17 me a question. 17 what question is on the table. 18 MR. PIKE: As his lawyer, I think that 18 MR. EDWARDS: Sure. 19 the definition of the word would assist him 19 Q Didn't you interact with Jane Doe in a 20 in understanding the question a little bit 0 sexual manner when she was under the age of 18? 21 better, because, as you know, "coerce" and 1 MR. PIKE: Object to the form. This 22 "consent" have several meanings, whether or 2 question has been asked no less than twice 23 not it be in State court, under the Florida 3 during your deposition — 24 State statutes or under federal statutes 4 MR. EDWARDS: I'll agree with that. 25 under 2255. I think that any sort of 5 MR. PIKE: -- relative to lane Doe and 486 488 1 response could, you know... tiptoe into the 1 I'll object to the form. 2 Fifth, Sixth and Fourteenth, and I think Mr. 2 A I would like to answer all of your 3 Epstein is attempting to... understand your 3 questions, Mr. Edwards, especially that 4 questions. 4 question. However, today, my counsel has advised 5 MR. EDWARDS: I appreciate that. I feel 5 me that I must assert my rights under the Sixth, 6 like we're getting closer to an answer than 6 Fifth and Fourteenth Amendment. 7 we have received during this entire 7 Q Did you persuade, induce or entke Jane 8 litigation, so Fm certainly going to help 8 Doe to engage in prostitution when she was an 9 him out here. 9 underage minor child? 10 Q Mr. Epstein, do you then at least agree 10 MR. PIKE: Form. 11 that you paid Jane Doe money in exchange for 11 A I would like to answer that question but 12 sexual services when she was under the age of 12 my counsel has advised me I must respond by 13 18? 13 invoking my Sixth, Fifth and Fourteenth Amendment 14 MR. PIKE: Form, mischaniezenzes the 14 right 15 witness's testimony, and move to strike. 15 Q Can you tell the jury how it is that 16 A Unfortunately I have to answer that 16 Jane Doe engaged in an act of prostitution with 17 question as I've answered most of your other 17 you? 18 questions here today, Mr. Edwards, which is that 18 MR. PIKE: Form. 19 my attorneys, at least today, have advised me 19 A On advice of counsel. I'm going to have 20 that I must assert my rights under the Sixth, 20 to invoke my Sixth, Fifth and Fourteenth 21 Fifth and Fourteenth Amendment. 21 Amendment right 22 Q Mr. Epstein, how did you, meaning what 22 Q While you were interacting with Jane Doe 23 process did you go through, to get Jane Doe to 23 in a sexual manner when she was 14 and IS years 24 exchange your money for her sexual services when 24 old, did you consider that molestation? 25 she was under the age of 18? 25 MR. PIKE: RCM 39 (Pages 485 to 4881 U.S. L 1 EFTA01103412 489 491 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A I would like to answer all of your 2 questions, Mr. Edwards, with respect to Jane Doe 3 and her complaint. However, at least today my 4 counsel has advised me that I must assert my 5 rights under the Sixth, Fifth and Fourteenth 6 Amendment. 7 Q While, at the same time you were 8 molesting Jane Doe, didn't you tell her that you liked the way her young body looked? MR. PIKE: Form. A I would like to respond to all your questions regarding Jane Doe, is the point, Mr. Edwards. However today at least my counsel has advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. THE VIDEOGRAPHER: Counsel. (Indicating five minutes left on tape.) MR. EDWARDS: Okay. Q Mr. Epstein do you know George Rush? MR. PIKE: Form — I'll withdraw the form. Pm sorry. It is not a proper form objection. A I'm sorry, on advice of counsel I have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. 1 MR. PIKE: One second... Form. 2 A On advice of counsel, I'm going to have 3 to respectfully assert my Sixth, Fifth and 4 Fourteenth Amendment right. 5 Q During that conversation that you had 6 with George Rush from The New York Daily News, 7 didn't you express to him that you felt you were 8 punished criminally for no reason? 9 MR. PIKE: Form. 10 A Though I would like to answer all of 11 your questions, Mr. Edwards, my counsel has 12 advised me I must assert my rights under the 13 Sixth, Fifth and Fourteenth Amendment. 14 Q Didn't you also telt George Rush that a 15 more appropriate punishment for your actions with 16 these underage minor children would have been a 17 100 or 5200 fine? 18 MR. PIKE: Form. 19 A On advice of counsel I have to assert my 20 rights under the Sixth, Filth and Fourteenth 21 Amendment. 2 Q Tell the jury what you feel would be an 3 appropriate penalty for you, for the acts that 24 you committed against Jane Doe. 25 MR. PIKE Form. 490 Q Did you talk to George Rush in the year 2 2009 about the allegations of improper sexual 3 conduct between you and underage minor children? 4 MR. PIKE: Can you repeat the question, 5 for me, Madam Court Reporter/ 6 MR. EDWARDS: Ian ask it again. 7 MR. PIKE: Sure- 8 Q Did you speak with George Rush in 2009 9 specifically about allegations of your 10 Interaction with underage minor children in a 11 sexual manner? 12 A On advice of counsel. I'm going to have 13 to assert my rights under the Sixth, Fifth and 14 Fourteenth Amendment. 15 Q Did you know that the conversation 16 between you and New York Daily News reporter 17 George Rush was recorded? 18 MR. PIKE: Form. 19 A On advice of counsel, I'm going to have 20 to assert my right under the Sixth. Fifth and 21 Fourteenth Amendment 22 Q At the time when you spoke with George 23 Rush from The New York Daily News in 2009, did he 24 tell you that he was recording your statements to 25 him? 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 492 1 A Though I would like to very much answer 2 that question, on advice of my counsel today, Mr. 3 Edwards, I have to Invoke my Sixth, Fifth and 4 Fourteenth Amendment right. 5 Q In your Affirmative Defenses in the 6 complaint of Jane Doe versus Jeffrey Epstein, 7 which b Jane Doe, affirmative defense number one 8 indicates that Jane Doe consented to and was a willing participant in the acts alleged. What evidence did you have that Jane Doe consented to or was a willing participant in the acts that were alleged by Jane Doe against you? MR. PIKE: Form. A Though I would like to describe the evidence that Jane Doc was a willing participant, on advice of counsel today, they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q At that point in time you're at least admitting that there was an interaction between you and Jane Doe, correct? MR. PIKE Form. Move to strike. A On advice of counsel, Pm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. 40 (Pages 489 to 492) U.S. Legal Support EFTA01103413 493 495 1 Q Two answers ago I believe that you just 1 THE VIDEOGRAPHER: Back on the video 2 told us that you would like to tell the jury 2 record 2:30 p.m. 3 about the evidence that exists, that shows that 3 CROSS EXAMINATION (CONTINUED) 4 Jane Doe consented to or was a willing 4 BY MR. EDWARDS: 5 participant in the acts alleged. So, is there 5 Q Mr. Epstein, are you ready? 6 any evidence that you're aware of in existence in 6 A Yes. 7 this world that shows that Jane Doe consented to 7 Q The second affirmative defense indicates 8 the acts she alleged against you? 8 or says that Jane Doe "actually consented to and 9 MR. PIKE: Fenn. Also calls for work 9 participated in conduct similar and/or idealise] 10 product information? 10 to the acts alleged with other persons, which 11 A Unfortunately today I have to respond by 11 were the sole or contributing cause of Jane Doe's 12. asserting my rights of Sixth, Fifth and 12 alleged damages." 13 Fourteenth Amendment. 13 What facts or information do you have to 14 THE VIDEOGRAPHER: Counsel? 14 support that affirmative defense? 15 MR. EDWARDS: Okay. 15 MR. PIKE: Form, May also call for work 16 THE VIDEOGRA.PHER: Going off the video 16 product information. 17 record 2:34 p.m. 7 A Though I would like to answer all your 18 (Pause in the proceedings.) 18 questions, Mr. Edwards, at least today counsel 19 (The deposition of Jeffrey Epstein is 19 advised me I must assert my rights under the 20 continued in Volume IV.) 0 Sixth, Fifth and Fourteenth Amendment. 21 1 Q And when you say as an affirmative 22 2 defense Jane Doe consented to and participated in 23 3 conduct similar and/or identical to the acts 24 4 alleged, are you saying that at some other time 25 5 Jane Doe was sexually molested by somebody of 494 496 UNITED STATES DISTRICT COURT 1 similar or identical age to yourself? SDI:THE-RN DISTRICT OF FLORIDA 2 2 MR. PIKE: Form. CASE NO. 04-CV-80.393-CIV-MARRAIJOHNSON 3 A I would like to answer all of your 3 4 4 questions with respect to Jane Doe and her JANE DOE. 5 complaints. However, at least today my counsel 5 6 has advised me I must assert my rights under the Derma. 6 7 Sixth, Fifth and Fourteenth Amendment. vs 8 Q The second part of that affirmative JEFFREY EPSTEIN. et al.. 9 defense indicates that that similar or identical a 10 conduct that Jane Doe allegedly participated in, 9 Defendants 11 was the sole or contributing cause of Jane Does / 12 alleged damages. to Related Cases. 13 Are you acknowledging that that conduct 11 0&80119.08-80232,08-80380, 0s-80381, 14 is likely to cause damages to a minor child such 08-80994, 08-80811.08.80893.09.80469. 15 as Jane Doe? 12 094591.09-80656,09-80802.09-81092 13 VOLUME IV 16 MR, PIKE: Form. 14 CONTINUED VIDEOTAPED DEPOSITION OF 17 A I would like to answer all of your JEFFREY EPSTEIN TAKEN ON BEHALF OF THE PLAINTIFF 1 5 18 questions with respect to Jane Doe and her 16 19 complaints... complaint. However, at least today 17 ita 20 my counsel has advised me I must assert my rights 19 21 under the Sixth, Fifth and Fourteenth Amendment. 20 22 Q Are you taking the position that Jane 21 DATE: April M.2010 22 23 Doe's alleged damages were actually caused by a 23 24 separate or other child molester? 24 25 25 MR. PIKE: One second... object to the 41 (Pages 493 to 4 96) U.S. Legal Support EFTA01103414 497 499 10 11 12 13 14 15 16 17 18 19 20 21 22 23 4 25 font I think you need to reword the question. MR. EDWARDS: Okay. I'll ask it again. Q Is it your position, or do you have facts or information that Jane Doe was molested ti by a separate or different child molester? 7 MR. PIKE: Form. 8 A I would like to answer all your 9 questions that you posed here today, Mr. Edwards. every last one of them. However, at least today under advice of counsel, I have been instructed I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q The next affirmative defense indicates that Jane Doe impliedly consented to the ads alleged by not objecting. What do you mean by that affirmative defense? MR. PIKE: Form. A I would like it answer all your questions regarding Jane Doe, and her complaint. However, today my attorneys have advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Do you moan — belies ed or was told that the plaintiff, Jane 2 Doe, had attained the age of IS years old at the 3 time of the alleged acts." That is a false 4 statement, isn't it, Mr. Epstein? 5 MR. PIKE: Form. 6 A I would like to answer every question 7 you posed today, Mr. Edwards, about Jane Doe and 8 her complaint. However, at least today my 9 attorneys have advised me I must assert my rights 10 under the Sixth, Fifth and Fourteenth Amendment. Q What gave you the reasonable belief that Jane Doe was 18 years of age or older when you touched her In a sexual manner? MR. PIKE: Form. A I would like to answer all of your questions with respect to Jane Doe, Mr. Edwards, every one of them. However, today, as you're aware, my counsel has advised me I must assert my 9 rights under the Sixth, Fifth and Fourteenth 0 Amendment. 1 Q Didn't Jane Doe tell you when you asked 2 her age that she was 15 years old? 3 MR. PIKE: Form. 4 A I would like to answer that question 5 because I've answered most of your other 1 12 13 14 15 16 17 18 498 MR. PIKE: May also call for work 2 product information. Sony. Q Do you mean that, for instance, when you 4 would Insert your fingers Into her vagina when 5 she was 14 or 15 years old, that because she 6 didn't object that she impliedly consented to 7 that conduct? 8 MR. PIKE: Form. 9 A What's the question? 10 Q Do you mean by —I'll read your 11 affirmative defense that you have stated. 12 "PlaintiffJane Doe impliedly consented 13 to the acts alleged by not objecting," and I'm 14 asking: By that, do you mean that when you 15 inserted your fingers into her vagina when she 16 was age 14 or IS, that by her not verbally 17 objecting, then in your mind she consented? 18 MR. PIKE: Form. 19 A I would like to answer all your 20 questions Mr. Edwards. However, at least today, 21 at least today, my counsel instructed me I must 22 assert my rights under the Sixth, Fifth and 23 Fourteenth Amendment. 24 Q Your next affirmative defense states 25 that "Defendant," that being you, "reasonably 500 1 questions here today. Unfortunately my counsel 2 here today said I must invoke my rights under the 3 Sixth, Fifth and Fourteenth Amendment. Q The second portion of that affirmative defense is that you reasonably believed or you 6 were told that Jane Doe attained the age of 18. Tell the jury, who told you that Jane Doe had attained the age of 18 years old when you 9 engaged in sexual conduct with her? 10 MR. PIKE: Form. 11 A Though I would like very much to answer 12 that question, as most of your other questions 13 here today, as you're aware my counsel has 14 advised me I must assert my rights under the 15 Sixth, Fifth and Fourteenth Amendment. 16 Q In fact, if you learned that she had 17 attained the age of 18 years old, you would not 18 have engaged in sexual conduct with her, would 19 you? MR. PIKE: Form. A 1 would hire to answer all of your questions with respect to lane Doe, Mr. FAwards. However, at least today, my counsel advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. S 7 0 2 3 42 (Pages 497 to 500) U.S. Le al Su ort EFTA01103415 501 503 Q In fact, there were several times when girls were brought to you by other underage minor 3 females and these girls were over the age of 18 4 and you turned them away, as being too old for you; isn't that true? MR. PIKE: Form. A Again, I would like to answer all your questions here today. I would like to answer 9 that question. However, my counsel has advised 10 me that at least today I may not and must assen 11 my rights under the Sixth, Fifth and Fourteenth 12 Amendment. 13 Q In fact, your target age group for 14 sexual activity is between 12 rind 17 years old; 15 is that Inset 16 MR. PIKE: Form. 17 A Mr. Edwards, I would like to answer that 18 question, as well as your other questions here 19 today. However, my counsel has advised me that I 20 must not, may not, must assert my rights under 21 the Sixth, Fifth and Fourteenth Amendment. 22 Q You know a person named V.R., don't 23 you? 24 A Though I would like to answer all of 25 your questions Mr. Edwards, on advice of counsel 1 Q Isn't it true during that period of time 2 when V.R. was your underage sex slave, that she 3 observed you to have sexual intercourse and 4 sexual activity with several females, as young as 5 12 years old? 6 MR. PIKE: Form. 7 A I would like to respond to all of these 8 questions. And I prefer that your partner. Scott 9 Rothstein, who currently sits in jail for 10 fabricating cases of a sexual nature against 11 people like me and others, were here to hear some 12 of these answers. However, with respect to any 3 other question, at least today, my counsel has 14 advised me that I must assert my rights under the 15 Sixth, Fifth and Fourteenth Amendment. 16 Q Why would you prefer that Scott 17 Rothstein bear an answer from you about whether 18 or not you had sex with multiple 12 year olds? 19 MR. PIKE: Form. Move to strike, and r 0 mischaracterizes the witness's testimony. r 1 A At least today, Mr. Edwards, my counsel 2 has advised me that I must respond to these 3 questions by asserting my rights under the Sixth, 4 Fifth and Fourteenth Amendment 5 Q V.R. is somebody who has filed a lawsuit 502 today at least, they've instructed me that I must 2 respond by asserting my rights under the Sixth, 3 Fifth and Fourteenth Amendment. 4 Q V.R. is somebody who served as your sex 5 slave when she was between the ages of 15 and 18 6 years old; isn't that true? 7 MIL PIKE: Form. 8 A I would like to respond to all of your 9 questions with respect to V.R. However, on 10 advice of counsel today at least, they've 11 instructed me that I must assert my rights under 12 the Sixth, Fifth and Fourteenth Amendment. 13 Q Do you know Emmy Taylor? 14 A Though I would like to respond to all of 15 your questions here today, Mr. Edwards, under 16 advice of counsel I must assert my rights under 17 the Sixth, Fifth and Fourteenth Amendment. 18 Q Is that somebody who served as the sex 19 slave for Cislaine Maxwell at the same time or 20 about the same time that V.R. was your sex slave? 21 MR. PIKE: Form. 22 A I would like to answer all of your 23 questions, Mr. Edwards. However today my counsel 24 has advised me I must assert my rights under the 25 Sixth, Fifth and Fourteenth Amendment. 14 15 16 17 18 19 20 21 22 23 24 25 504 1 against you under the pseudonym Jane Doe number 2 102; isn't that correct? 3 MR. PIKE: I'm sorry. Can you repeat 4 it? 5 MR. EDWARDS: Sure. 6 Q V.R. is somebody that filed a lawsuit 7 against yon under the pseudonym Jane Doe number 8 102? 9 A Though I would like to respond to your 0 questions today, Mr. Edwards, with respect to 1 these lawsuits, my counsel has advised me that I 2 may not, and must assert my rights under the 3 Sixth, Fifth and Fourteenth Amendment Q In that complaint, the allegation is made that a friend of Jeffrey Epstein sent him three 12-year old girls from France, who spoke no English, for defendant Epstein to sexually exploit and abuse. After doing so, they were sent back to France the next day. That's a true statement, isn't it? MR. PIKE: Form. A I would like to respond to all of these questions... However, at least today, my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment 43 (Pages 501 to 504) U.S. Legal Support EFTA01103416 505 507 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 Q In the complaint filed on behalf of Jane 2 Doc number 102 also known as V.R., was filed by 3 an attorney named Bob Josefsberg with Podhurst. 4 Orseck; isn't that right? 5 MR. PIKE: Can you reread that specific 6 question for me? 7 THE COURT REPORTER: Sure. 8 (Ile record was read.) MR. PIKE: To the extent you know the answer to that question, you can answer. A I think -- I'm going to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q And when I asked you a few questions back about your sexual Interaction and intercourse with I2-year old girls and derived that from this complaint, your answer — into your answer was injected some response related to Scott Rothstein, and so my question is, what do you believe, if anything, Scott Rothstein had to do with the complaints or assertions that are made in the Jane Doe 102 versus Epstein complaint? MR. PIKE: Form, move to strike. Mischaracterizes the witness's testimony. A I would like to answer that question. 1 2 3 4 S 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 3 24 5 Amendment right. MR. EDWARDS: Mark this. (Order form from Amazon.com, listing three books, was marked as Plaintiff's Exhibit number 9 for identification, as of this date.) MR. PIKE: (Handing to the witness.) Q Do you recognize that document that's been marked for identification purposes as Exhibit 9? A No. I do not. Q Did you indeed order the three books from Amazon.com that are listed on that order form that's been marked as Exhibit 9? A No. Q Have you read the three books that are on that order form, Exhibit number 9? A No. Q Do you know why it is, can you explain how that document came to exist? A No. Q Do you know where that document that you're holding marked as Exhibit number 9 came from? A No. 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 506 However, at least today they have instructed me 1 1. must respond to that question by asserting my 2 Sixth, Filth and Fourteenth Amendment right. 3 Q Mr. Epstein, for at least the passed 4 decade you have consistently kept at least one 5 sex slave at all times. Is that true? 6 MR. PIKE: Form. 7 A I would like to respond to these 8 sexually charged questions. However, upon advice 9 of counsel, I must respond simply by asserting my r 0 Sixth Amendment, Fifth Amendment and Fourteenth 1 Amendment right. s 2 Q And you have an Amazon.com account, r 3 right? 4 5 have to assert my right to the Sixth Amendment, Fifth Amendment and Fourteenth Amendment. Q On or about September 4.2005 you MR. PIKE: Form. A Upon advice of counsel, I'm going to 6 7 8 9 ordered and received -- and later received three books from Amazon.com; is that true? MR. PIKE: Form. Um... Books? ... Form. A On advice of counsel I have to assert my Sixth Amendment, Filth Amendment and Fourteenth 125 120 1 2 4 508 Q Would you be surprised if it was taken from your trash by police or law enforcement? A Would I be surprised? I don't understand the question. Q Would it surprise you if the police pulled that from your trash, outside your house, in 2005? MR. PIKE: Object to the form. There, because... quite frankly, I don't know where this document came from. There has been no predicate laid as to its origination. Now you're talking about a question relative to. would it surprise you if the police pulled it... I don't think that you've laid the proper foundation, so I'm going to object to the form. MR. EDWARDS: Okay. At trial I'll enter it in through another witness. I just want him to deny him ever seeing it before I do that. It is fine, I'll lay the predicate — MR PIKE: He's already said that,1 believe, he never -- you asked him if he recognized the document and he said "No." MR. EDWARDS: I appreciate that. Q Would It surprise you if that was 44 (Pages 505 to 508) U.S. Le al Su ort EFTA01103417 509 511 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 obtained from a trash pull at your house? 2 A You're asking me a hypothetical 3 question. I have no idea. 4 Q What is the name and address of the 5 purported purchaser of those books? According to 6 Exhibit number 9? 7 A I don't know. MR. PIKE: Form. Q Looking at that document you cannot tell what address those books were shipped to? A It says "billing address.' Q What's the billing address? A It says what the document says. Q What is that? A h says Jeffrey Epstein. Q What's the address? A 358 El Grillo Way. Q That address at 358 El Brill° Way is your address, correct? MR. PIKE: Form. A On advice of counsel. I'm going to have to assert my Fifth Amendment, Sixth Amendment and Fourteenth Amendment right. Q Jeffrey Epstein, that's your name, correct? 9 10 11 12 13 14 15 16 17 19 19 20 21 22 23 24 25 1 A I don't know. 2 Q Is there anybody else that lives in your 3 house, besides yourself, that has sex slaves? 4 MR. PIKE: I'm sorry... Mr. Horowitz, I 5 believe, interrupted you, I think he gave 6 you another exhibit, I think it's Exhibit 9, 7 which I think he wants you to follow up with B a question. MR. EDWARDS: It is just placed on the table. I'm waiting for an answer. MR. PIKE: I'm not being smarter. I'm just saying, are you going to follow through with the question that's currently on the table or the one that — MR. EDWARDS: I asked a question and many waiting for an answer. MR. PIKE: Seriously, I'm not trying to be rude or smart. You put an exhibit in front of him and -- MR. HOROWITZ: I wanted to give the court reporter the exhibits. She gets the exhibits. MR. PIKE: I've got to know what question is on the table, that's all. MR. HOROWITZ: I didn't interrupt you, 510 1 A Correct. 2 Q Can I see the document? 3 A (Handing to counsel.) 4 Q Mr. Epstein, the person whose deposition 5 6 was taken yesterday and has been wkaile orted in the newspapers as your sex slave 7 is she indeed your sex slave? 8 . E: Form. A On advice of counsel, I'm going to 0 respond by asserting my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. Q Does anybody other than yourself have access to your Amazon.com account? MR. PIKE: Form. A I don't know. Q You have never read "Slave Craft, Roadmaps for Erotic Servitude, Principles, Skills and Tools"? MR. PIKE: Asked and answered. He was already asked these questions -- I'm sorry, answered. A I've answered the question "No." Q Why was it ordered to your house, the shipping address and billing address both being 358 El Brine Way? 17 18 19 20 21 22 23 24 25 512 1 did l? 2 MR. EDWARDS: No, it is asked on --I 3 asked a question, it is still on the table. 4 A Ask the question. S Q Anybody else in your house have sex 6 slaves? 7 MR. PIKE: Form. 8 A I have to respond to that question as I 9 did to most of your other questions today, which 0 is l have to assert my rights to the Sixth, Fifth 1 and Fourteenth Amendment. 2 Q Art you familiar with the various 3 messages that are — that were taken from your 4 home at 358 El Brill° Way? 5 MR. PIKE: Form. 6 A I'm going to have to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Have you read the messages that were taken and placed In the State Attorney's Office file related to the criminal charges against you? MR. PIKE: Fonn. A I don't recall. Q Why is it that underage minor females were calling your home in 2004 and 2005 for, In 45 (Pages 509 to 512) • U.S. Legal Support EFTA01103418 5/.3 515 7 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 quotes, "work"? MR. PIKE: Wait a second. Form, lacks predicate, foundation, and for the record, you're referring to a stack of documents that have not been marked — MR. EDWARDS: Not referring to anything. just so that your objection is clear. MR. PIKE: You're referring to what I see as a stack of documents that look like message pads. You're clarifying and... making a prelude into your question as to why were underage girls calling your home for work? MR. EDWARDS; Right. MR. PIKE: You're not allowing the witness to see the exhibits to which you refer, and I think it is an improper question and lacks predicate and foundation. MR. EDWARDS: No matter what I show the witness, any answer he gives is going to incriminate him, so he is going to invoke his Fifth Amendment rights, which is why right now, he is not going to see these. At trial he will see all of these things. 514 MR. PIKE: I'm glad you said that. I 2 think that's a false statement. I move to 3 strike it. Mr. Edwards, you provided a 4 document to Mr. Epstein not two minutes ago 5 and he answered questions without invoking the Fifth Amendment right. MR. EDWARDS: And it incriminated him. MR. PIKE: If the Fifth Amendment comes into play. MR. EDWARDS: It should have. MR. PIKE: Thank you. If the Fifth Amendment comes into play, he will invoke the Fifth. He does not know certain information. Not knowing something, my friend, is not a waiver. Follow? So he is trying to -- MR. EDWARDS: It is — MR. PIKE: -- trying to actually work with you on your questions. Maybe if you show him what you're talking about he can answer your question. Q Why were underage minor females calling your house to, quote, unquote. "work"? MR. PIKE: Form. A Unfortunately, I have to answer 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 question, as I've answered most of your other questions here today, Mr. Edwards, which is that my attorneys advised me to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. i t Do you know A As Eve answered most of your other questions hem today, I'm going to have to respond that my attorneys have instructed me to assert my rights to the Sixth, Fifth and Fourteenth Amendment. Q That's somebody who is listed in the agreement between yourself and the United States of America as a coconspirator of yours. Does that help refresh your recollection as to who Ms. a s? MR. PIKE: Fr. A I'm going to have to respond by asserting my rights to the Sbcth, Fifth and Founeenth Amendment. Q Do you remember receiving messages from Adrian that would read something like, "I left a mesas e for to confirm for 11:00 o'clock and or 4:30," many messages like that? 516 1 MR. PIKE: I'm sorry, but before he 2 answers, I'm just curious, you're again 3 referring to a stack of documents that's 4 about an inch thick. Do you want to mark 5 anything as an exhibit? 6 MR. EDWARDS: No, I really don't, Mike, 7 but appreciate all the help you're 8 providing. Thanks. 9 MR. PIKE: Yeah. You're welcome. Do 0 you know where these documents came from? 1 MR. EDWARDS: Yes. 2 MR. PIKE: Where did you obtain that 3 them from? 4 MR. EDWARDS: It is not my deposition. 5 You had that chance already. 6 MR. PIKE: No, I asked the right -- no, 7 that's not really part of my case over 8 there. Critton took your deposition, not 9 me. That's a case separate and distinct 0 from these cases, so my question to you is: 1 Pin just curious, you have a stack of 2 documents, I think you said earlier they 3 came from the State Attorney's Office file? 4 MR. EDWARDS: It is not my deposition. I'm asking questions. Your client is going 46 (Pages 513 to 516) U.S. Legal Support EFTA01103419 517 519 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 left message for o'clock and Mfor 4:30"? A I don't recall. Q And when a message such as that is left, is that Indicating .= is going to come to your house for you to molest her at 11:00 and will come for you to molest her at 4:30? MR. PIKE: Form. A I'm going to have to respond by asserting my rights under the Sixth, Fifth and Fourteenth Amendment. Q Why would underage minor females call your home and leave messages like, "I have a girl for him." Do you know? MR. PIKE: Form. A On advice of my counsel, today at least, to give answers or not give answers. MR. PIKE: Okay. MR. EDWARDS: These will come in with the appropriate person at trial, period. MR. PIKE: Okay. A Question? Sony. Q Sure. Do you remember receiving a message from , such as, "I to confirm for I1:00 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 Q In a newspaper article dated October 30, 2006 entitled, "The Return Of A," In quotes, 'Very Passionate' end quote, "Jeffrey Epstein," there is a quote from somebody that is called in this article "A Friend," and the quote is: "Speaking about Jeffrey Epstein, his life Is about making money and living an erotic life and his escape isn't alcohol or drugs, it is sex." Is that a true statement? MR. PIKE: Form. A Is it a true statement that that's what the article says? Q No, is it a true statement that your life is about making money and living an erotic life and your escape is not alcohol or drugs, it Is sex? MIL PIKE: Form. A Though I would like to answer that question, as well as all your other questions posed here today, Mr. Edwards, on advice of my counsel, he has instructed me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Another article entitled "The Fanaticist," from New York Magazine dated 518 1 they've advised me I must assert my right under 2 the Sixth, Fifth and Fourteenth Amendment 3 Q Did you ever employ any underage minor 1 females for any legitimate purpose at your home, 5 358 El Brillo Way? 6 MIL PIKE: Form. 7 A At least today, Mr. Edwards, though I 8 would like to answer every one of your... questions, my counsel has advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true, Mr. Epstein, that each underage minor female that contacted — that called your home or was called from your home, was called for the purposes of coming to your house to satisfy you sexually? MIL PIKE: Form. THE WITNESS: I think Eve answered that question before. A I will answer it unfortunately the same way, which is although I would like to answer each and every one of the questions you've posed here today, on advice of my counsel they've instructed me I must assert my rights under the Sixth, Fifth and Fourteenth 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 25 520 December 10, 2007, a quote or several quotes arc attributed to you, and it reads: "I told Epstein," this is the author "and Rubenstein the sort of story New York Magazine wanted to do, and Epstein seemed to find ironic delight in every word. A secretive genius, I said," a statement from the author. "She indicates you corrected her saying "Not secretive, private," and the next quote, which I will ask you about, is that you stated "And If I was a genius, l wouldn't be sitting here, a gay with sex issues;" do you remember saying that? MR. PIKE: Form. Q to a reporter In New York? MR. PIKE: Form. Move to strike. A Though I would like to answer every question you've posed here today, Mr. Edwards, on advice of counsel I have to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. MR. PIKE: Mr. Edwards, if you would, I know you — THE WITNESS: Take a break? MR. PIKE: Actually one second. You provided the title of the second 47 (Pages 517 to 520) U.S. Legal Support EFTA01103420 521 523 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25• article that you just questioned him. Could 2 you please, for the record, provide the title to the first article. MR. EDWARDS: I did. MR. PIKE: I didn't hear it. MR. EDWARDS: I will do it again. "A Rehm, Of A 'Very Passionate Jeffrey Epstein.' MR. PIKE: Thank you. MR. EDWARDS: "Very passionate" is in quotes, as I said the first time. MR. PIKE: Thank you. THE VIDEOGRAPHER: Going off the video record 3:02 p.m. (Pause in the proceedings.) THE VIDEOGRAPHER: Back on the video record at 3:15 p.m. Q In the same ankle, "The Fanaticist," there is a quote by "Michael Wolff." Do you know Michael Wolff, the columnist? A I have to respond the same way I've responded to most of your questions here today, which is, I must assert my rights under the Sixth, Filth and Fourteenth Amendment. Q Mr. Wolff says in a quote In this 1 to be ridiculous. You can't read — 2 MR. EDWARDS: What 3 MR. PIKE: You can't read someone else's 4 quote and say "Are you admitting something 5 from someone else's quote.' He didn't make 6 the quote, so how can it be an admission, 7 despite who it is. 8 MR. HOROWITZ: That's a form objection. 9 MR. PIKE: You're right, form. 10 Q Your attorney, Jack Goldberger, made the 1 statement, "Jeffrey Epstein never denied the 12 girls came to the house." This was related to 13 the criminal investigation of you. 14 Do you admit thnt the girls, 15 specifically Jane Doe, came to your house? 16 A Mr. Edwards, l would like to respond to 17 that question as I responded to most of the other 18 questions today, but unfortunately my counsel has 19 advised me I must assert my rights under the 20 Sixth, Fifth and Fourteenth Amendment. 21 Q Mr. Epstein, can you tell the jury who 22 MEMMIMMW 23 MR. PIKE: Form. 24 A Unfortunately, Mr. Edwards, I have to 25 respond to that question as I responded to moat 522 1 article, "Ile has never," speaking about Mr. 2 Epstein, "been secretive about the girls. At one 3 point when his troubles began he was talking to 4 me and said, 'What can I say? I like young o girls." Is that a comment or statement that you 6 made to Michael Wolff? 7 MR. PIKE: Form. 8 A Unfortunately I have to respond to that question as I did to most of your questions today, which is I must assert my rights under advice of counsel, under the Sixth, Fifth and Fourteenth Amendment. Q On several occasions your attorney or one of your attorneys, Jack Goldberger, has made the statement "Jeffrey Epstein has never denied that the girls came to the house." Arc you admitting that the girls that are now plaintiffs, at least came to your house? MR. PIKE: Form. A I would like to answer that question you've just quoted an attorney's statement? Q Right, Jack Goldberger's statement. A So what's the question? MR. PIKE: You can't — hold on right there. This is ridicubus. This Ls getting 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 524 1 of your other questions today, because on advice 2 of counsel they've instructed me to assert my 3 rights under the Sixth, Fifth and Fourteenth 4 Amendment. 5 Q You're aware that she is somebody listed 6 as a eo-conspirator of yours related to your criminal activity in the Nonprosecution Agreement, correct? MR. PIKE: Fenn. A With respect to that question as most of your other questions here today, on advice of counsel I have been instructed to assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true that you paid her to have underage minor females brought to your house, at specific times, as you directed? MR. PIKE: Form, asked and answered. A As I've answered most of your questions here today, unfortunately my counsel has advised me that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Another co-conspirator of yours, as she Is labeled in the Nooprosecution Agreement, is Lesley Groff. What role did she play or what did 48 (Pages 521 to 524) U.S. Legal Support EFTA01103421 525 527 1 she conspire with you to do? 2 MR. PIKE: Form. 3 A Mr. Edwards, I have to respond to that 4 question as I did to most of your other questions 5 here today, which is, on advice of counsel, 6 they've instructed me to assert my rights under 7 the Sixth, Fifth and Fourteenth Amendment. 8 Q Today what role does Story Cowles play in your life? MR. PIKE: Form. A I would like to answer all your questions, Mr. Edwards. However, at least today, my counsel has advised me that I must assert my rights under the Sixth, Filth and Fourteenth Amendment. Q Is Story Cowles your personal assistant? MR. PIKE: Form. A Mr. Edwards, I would like to answer all your questions here today. However, upon advice of counsel, they've instructed me that I must assert my Fifth, Sixth and Fourteenth Amendment rights to that question. Q And Story Cowles, in addition to being 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 your personal assistant, 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 1 2 23 4 25 underage minor females in the communities surrounding each of your homes? MR. PIKE: Form. A Though I would like to answer each and every one of your questions, Mr. Edwards, my attorneys have advised me at least today, at least today, that I may not. I must assert my rights as provided by the Sixth. Fifth and Fourteenth Amendment. Q Isn't it true that within that computer system were the names and telephone numbers of hundreds of underage minor females that you sexually molested? MR. PIKE: Form. A I would like to answer every one of your questions today, Mr. Edwards. However, upon advice of counsel I must assert my rights as protected by the Sixth. Fifth and Fourteenth Amendment. Q Can you explain to the jury what Gislaine Maxwell's role was in helping you to access underage minors? MR. PIKE: Form, assumes facts not in evidence. A You know I would like to answer each and 526 1 boyfriend; is that true? 2 MR. PIKE: Form. 3 A Though I would like to answer all your 4 questions, Mr. Edwards, on advice of counsel 5 they've instructed me that I must assert my 6 rights under the Sixth, Fifth and Fourteenth 7 Amendment. 8 Q Prior to the police executing, the Palm Beach police executing a search warrant on your house in October of 2005, did you direct to remove at least three computers from your home? MR. PIKE: Form. A Though I would like to answer all your questions, Mr. Edwards, my attorneys at least today have advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Where arc those computers today? MR. PIKE: Form. A Though I would like to answer all your questions, my attorneys have advised me I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. Q Isn't it true that those computers contain the names and telephone numbers of 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 9 0 1 2 3 4 5 528 every one of your questions posed here today, Mr. Edwards. Unfortunately I have to answer that question on advice of counsel by invoking my rights under the Sixth, Fifth and Fourteenth Amendment. Q Do you have any remorse for sexually molesting Jane Doe? MR. PIKE: Form, argumentative. A I would like to answer every one of your questions regarding Jane Doe. However, at least today, my counsel has instructed me to assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q When is the last time that you visited your island, Little St. James? MR. PIKE: Form. A Though I would like to answer all your questions, Mr. Edwards, my counsel advised me I must assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q Has any court given you permission to go to your island or the Virgin Islands while you have been on house arrest? MR. PIKE: Form. A Mr. Edwards, though I would like to 49 (Pages 525 to 528) U.S. Le al Su ort EFTA01103422 529 531 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 answer all your questions, my counsel has advised 2 me that I must assert my rights protected by the 3 Sixth, Fifth and Fourteenth Amendment. 4 Q Have you interacted sexually with S underage minors since beginning your house arrest 6 or community control? 7 MR. PIKE: Fonn. 8 A Though I would like to answer each and every one of your questions posed here today, my counsel has advised me that I must assert my rights protected by the Sixth, Fifth and Fourteenth Amendment. Q Mr. Epstein, is it your intention to testify in the trial of Jane Doe versus Jeffrey Epstein? MR. PIKE: Object to the form. It may disclose attorney/client work product information. I instruct him not to answer. Q Does Story Cowles work for you at Florida Science Foundation? MR. PIKE: Form. A Though I would like to answer each and every one of your questions, Mr. Edwards, at least today my counsel has advised melmust Essen my rights as protected by the Sixth, Fifth 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS. EZELL: Okay. I can begin. Are we ending at 4:00? MR. PIKE: Yes, we we ending at 4:00. CROSS EXAMINATION BY MS. FIN I" MS Fin I • Let the mond reflect that I have 3:22 right now. Q Mr. Epstein. good afternoon. A Good afternoon. Q You were previously deposed by Mr. Horowitz on Monday, March 8th of this year. You were asked with respect to Jane Doe 103. "Do you acknowledge that she's been to your home?" There was a form objection and your answer was, "Again I would like to answer most of your questions. However, today as Fre 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." If you were asked the same question today, what would your answer be? That question was: "Do you acknowledge that Jane Doe 103 has been to your home"? 530 and Fourteenth Amendment. 2 Q Is it your intent in the future to 3 engage In sexual activity with underage minor children? 5 MR. PIKE: Form. 6 A I would like to answer each one of those 7 questions, Mr. Edwards. However, today my 8 counsel has advised me I must assert my rights 9 protected by the Sixth, Fifth and Fourteenth Amendment. Q When you give that answer, that you would like to respond to each one of my questions, would it then be your preference to explain to the jury why it is that you feel entitled to sexually molest underage minor children? MR. PIKE: Form, move to strike. Miseharacterizes the witness's testimony. A Unfortunately I would like to answer that question as well, but my counsel has advised me that I must assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. MR. EDWARDS: I don't have anything Amber. MR. PIKE: Ms. Ezell? 532 1 A Please tell me who lane Doe 103 is. 2 Q Jane Doe 103 is Jane Doe 103. 3 A I would like to answer the question so 4 the answer would be the same. 5 MR. PIKE: By "answering that question," 6 you're invoking Fifth. Sixth and 7 Fourteenth? B THE WITNESS: Yes. 9 MR. PIKE: Please do so. 10 A I'm invoking my Sixth Amendment, Fifth 11 Amendment and Fourteenth Amendment right. 12 Q You were then asked "Do you acknowledge 13 that Jane Doe 103 came to your home for sexual 14 contact during her childhood and that you paid 15 her for those services?" 16 Mr. Pike said "Form, predicate, 17 foundation, argumentative," and your response was 18 "I would like to answer that question. I think 19 those questions will all have obvious answers. 20 and not -- however, today I'm going to have to 21 assert my Filth Amendment, Sixth Amendment and 22 Fourteenth Amendment rights under the U.S. 23 Constitution, because I would like to answer that 24 question, my attorneys have advised me that I 25 cannot today, cannot answer any question that may 50 (Pages 529 to 532) U.S. Legal Support EFTA01103423 533 535 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 be relevant to this lawsuit." 2 If you were asked that same question 3 today, would your answer be the same? 4 MR. PIKE: I'm going to object. Form. 5 and I instruct you if your answer is the 6 same, please tell Ms. Ezell that. 7 A My answer is the same, invoking my right 8 under the Sixth, Fifth and Fourteenth Amendment 9 Q So, it wasn't just that that day you 10 were Instructed not to answer the question, but 11 here, five weeks later, today, you also, today, 12 can't answer those questions, correct? 13 MR. PIKE: Asked and answered. 14 A I'm going to, on advice of counsel, Ms. 15 Ezell, respectfully assert my rights as protected 16 by the Sixth, Fifth and Fourteenth Amendment 17 Q Later Mr. Horowitz said, "Sir, are you 18 asserting your Sixth, Fifth and Fourteenth 19 Amendment privileges because you're innocent? Is 20 that what you're telling us?" 21 You said "Today on advice of counsel 1 22 cannot answer your questions, any of your 23 questions that may be relevant to this lawsuit" 24 MR. PIKE: Form. 25 Q What would your answer be today to that 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 could answer those questions." 2 can you answer that question today? 3 MR. PIKE: Form. 4 A Ma'am, unfortunately In going to have 5 to invoke my Sixth Amendment, Fifth and 6 Fourteenth Amendment right to that question. 7 Q Then you were asked -- 8 THE WITNESS: Can we go off the record for a second? THE VIDEOGRAPHER: Off the video record 3:32 p.m. THE WITNESS: Just two minutes. MR. EDWARDS: For what? We are all going to have a discussion off the record? MR. PIKE: I think my client wants to speak with me. MR. EDWARDS: Okay. MR. PIKE: Are you okay with that Ms. Ezell? MS. EZELL: Yes. MR. PIKE: Off the record. (Pause in the proceedings.) THE VIDEOGRAPHER: -- THE WITNESS: Sony, go ahead. THE VIDEOGRAPHER: Back on the video 534 1 question? 2 MR. PIKE: Same objection. 3 A On advice of counsel, with respect to 4 that question, going to have to assert my 5 rights as protected by the Sixth, Fifth and 6 Fourteenth Amendment 7 Q So again, your answer wasn't just that 8 answer then, five weeks ago, but today, you again 9 cannot answer on advice of counsel, correct? MR. PIKE: Move to strike. Mischaracterization. Plaintiff has invoked — sorry, defendant has invoked Fifth, Sixth and Fourteenth. That's his answer. MS. EZELL: So he invokes them today, as well? MR. PIKE: Yes, ma'am. Q Mr. Horowitz asked "Between 2005 and 2006, did your sexual interests include digitally penetrating the vaginas of girls between the ages of 12 and 17?" Mr. Pike objected "Form," and you said, "1 find these questions — I would like to answer every one of those questions. However, my counsel has told me I may not today. I wish I 536 1 record 3:33 pm 2 Q Later in that same deposition, Mr. 3 Horowitz asked "Did you have surveillance cameras 4 la either the interior or exterior of your home 5 at El Brillo Way between 2001 and 2006?" 6 You answered, "Mr. Horowitz, I'm going 7 to answer that question the same way as I've 8 answered most of your other questions here 9 today. I would like to answer each one of your 10 questions regarding your clients with great 11 specificity, however my counsel has advised me 12 that I may not today, and therefore have to 13 invoke my Fourteenth Amendment rights, my Sixth 14 Amendment rights and my Fifth Amendment rights as 15 provided by the U.S. Constitution." 16 So what about today? Can you answer 17 that question form today? 18 MR. PIKE: Object to the form. 19 A Unfortunately, Ms. Ezell Mrs. Ezell, 20 I'm sorry. 21 Q Ms. Is fine. 22 A Okay. Ms. Ezell. Unfortunately on 23 advise of counsel, I have to amen my rights as 24 protected by the Sixth, Fifth and Fourteenth 25 Amendment 51 (Pages 533 to 536) U.S. Legal Support EFTA01103424 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 537 1 MR. PIKE: And Ms. Ezell, let me caution 2 you that I've listened to several of your 3 questions. The first one being a repetition 4 of Mr. Horowitz's question approximately four weeks ago dealing with your client 103, 6 so I did not have a problem with that 7 background information being repeated. 8 However, it seems that the questions that 9 you're discussing now and going over are 10 just a repetition of Mr. Horowitz's 11 background information, which has already 12 been established and really has no relation, 13 in my opinion, to your particular clients. 14 Given the fact we arc here today, Mr. 15 Horowitz has taken the liberty of concluding 16 his deposition, obviously with rebuttal 17 available, same with Mr. Edwards, I would 18 ask, rather than to have to seek assistance 19 of the Court, that your questions be 20 tailored toward your client. 21 MS. EZELL: Mr. Pike, I would beg to 22 differ with you. Questions regarding his 23 sexual interests, including digitally 24 penetrating vaginas of girls between ages of 25 12 and 17 certainly pertain to my client. 1 2 3 4 5 539 MR. HOROWITZ: I join in Ms. Ezell's comments. MR. EDWARDS: Agreed. MR. PIKE: Thank you. Three against one. Nonetheless, again, I hold steadfast the same argument. It is repetitious and whether or not — he is not going to waive Fifth, Sixth and Fourteenth yesterday and he is not going to waive it today, so... MS. EZELL: That's fine. My objection to that is that it is misleading for him to say that "Today I have been instructed not to answer it," because then I come here hoping five weeks later I may get an answer, and unfortunately that's not been the case. We have had the same invocation of the privileges today, only today, just for today. MR. PIKE: Well, I -- MS. EZELL: I'm done with that line of questioning. MR. PIKE: Okay. MS. EZELL: But I think I had the right to ask. MR. PIKE: Thank you. 538 1 MR. PIKE: Ms. Ezell, you were at that 2 deposition. You cross-noticed that 3 deposition and these cases have been 4 consolidated for discovery, and you have not 5 formed, with the exception of one question, 6 since you commenced your portion of the 7 depo, you have not formed one question 8 relative to your particular client. You just asked a general question that had already been asked by Mr. Horowitz who commenced the Volume I of this Volume III or IV continuation of the deposition. If you want to tailor these questions to your client, I have no problem with that, but to ask the same exact question Mr. Horowitz asked who commenced the deposition is a waste of time. MS. EZELL: That may be your opinion, Mr. Pike, but I believe I have, particularly in the way these questions were answered five weeks ago, that today, that day he was unable to answer because of advice of counsel. I certainly have the right to ask him whether this day, five weeks later, he can 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 25 540 MS. EZELL: Thank you. Q Mr. Epstein, are you a citizen of the United States? A Yes. Q And are you a citizen of the United States Virgin Islands? A I don't know what that means. Q Of what State or territory of the United States are you a citizen? A I'm a citizen of the United States. Q And of what State or territory in the United States do you claim to be a citizen? A I'm a citizen of the United States. Q Where do you vote? A I vote in the Virgin Islands. Q Where do you pay your taxes? MR. PIKE: Form. A On advice of counsel, I'm going to have to assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q And I would Just note that your tax returns are public documents available to the government, and there is no -- no risk of incriminating yourself with such a document. Do you still maintain the same objection? 52 (Pages 537 to 540) U.S. Legal Support EFTA01103425 541 543 MR. PIKE: He does, and that calls for a 2 legal conclusion, which currently is, I 3 think, under -- it was under appeal and now 4 it is back under appeal. 5 Q Before serving your jail time in Palm 6 Beach County, followed by your community control 7 time, was your principal place of residence the dwelling in Manhattan? 9 A The what? 10 Q Your mansion in Manhattan? 11 MR. PIKE: Form. 12 A Pm sorry, but at least today, I would 13 like to answer all your questions, Ms. Ezell. 14 However, on advice of counsel I will have to 15 respond by invoking my Sixth, Fifth and 16 Fourteenth Amendment 17 Q I won't repeat the same questions 18 regarding the plan or scheme. I'll try not to, 19 that have already been covered today. To the 20 extent that they didn't just apply to that one 21 plaintiff, in most instances, I believe that Mr. 22 Edwards said, "young women" or "young girls like 23 or including Jane Doe," but there were a few 24 additional questions in that area I wanted to 25 ask. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 who came to your home to provide massages and 2 other sexual gratification for you, were they 3 often transported by other 4 assistants that you employed? 5 MR. PIKE: Form. 6 A Though 1 would like to answer each and 7 every one of your questions, Ms. Ezell, I 8 respectfully must decline. On advice of counsel they've instructed me I must assert my rights protected by the Sixth. Fifth and Fourteenth Amendment. Q Would you acknowledge, Mr. Epstein. that once the girls were there, beginning with their first experience, their first visit, there was a sort of a ritual that was followed in regard to how they were treated, what they were asked to do and what occurred? MR. PIKE: I'm sorry, I didn't know if that was the question. MS. EZELL: It is a question. THE WITNESS: What's the question? MR. PIKE: What is the question? Q From the first visit a girl might make to your home, was there a ritual or routine that was followed with regard to what happened during 542 Within that arrangement whereby girls 2 would come or be brought to your home to provide 3 massages and other sexual gratification for you, 4 were they often brought by taxis that were paid 5 for by you or by someone on your behalf? 6 MR. PIKE: Form. A Though I would like to answer all your questions today, Ms. Ezell, Ism going to have to 9 respond to that question as I've responded to 10 most of your other questions, which is, on advice 11 of counsel, at least today, they've instructed me 12 to assert my rights as protected by the Sixth, 13 Fifth and Fourteenth Amendment 14 Q Also, within that same scheme, were 15 these girls sometimes transported to or from your 16 house by the current houseman employed by you at 17 that time? 18 MR. PIKE: Form. 19 A Though I would like to answer all your 20 questions, Ms. Ezell, that question as well as 21 the others, I must unfortunately at least today, 22 on advice of counsel, invoke my Sixth Amendment, 23 Fifth Amendment and Fourteenth Amendment right. 24 Q And again following with that plan as 25 discussed previously, were those same young women 544 1 that visit? 2 MR. PIKE: Form. 3 A Ms. Ezell, I would like it answer all 4 your questions that you posed here today, but I 5 will have to respond unfortunately, as I've 6 responded to most of the others which is, my 7 counsel advised me I must respond by invoking my 8 Sixth, Fifth and Fourteenth Amendment. 9 Q For instance, in addition to the other 10 things that Mr. Edwards and Mr. Horowitz asked 11 about, within the same area, would Ms. Or 12 one of your other assistants usually go up and 13 lay out the towels and particular massage oils 14 that you like? 15 MR. PIKE: Form. 16 A Ms. Ezell. unfortunately I have to 17 answer that question as I've answered most of 18 your other questions here today, respectfully 19 decline to answer on advice of counsel who's 20 asked me to invoke my Sixth Amendment, Fifth 21 Amendment and Fourteenth Amendment right. 22 Q Was it more or less routine that when a 23 girl would come for the first time, that she 24 would be accompanied to the massage area by 25 another woman or girl? 53 (Pages 541 to 544) U.S. Legal Support EFTA01103426 545 547 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 MR. PIKE: Form. 2 A Ms. Ezell, I have to answer that 3 question as I answered most of your other 4 questions today, which is on advice of counsel, I 5 have to asses my rights as protected by the 6 Sixth, Fifth and Fourteenth Amendment. 7 Q Did it occur quite often that 8 would lead the girl up and introduce you 9 to her and then quietly leave? 10 MR. PIKE: Form. 11 A Ma'am, I'm going to respectfully have to 12 decline to answer that question today on advice 13 of counsel. They've asked me to assert my rights 14 as protected by the Sixth, Fifth and Fourteenth 15 Amendment. I would like to answer each and every 16 one of your questions. 17 Q Dld it also occur sometime that the girl 18 would be accompanied by the girl who brought her, 19 and the girl who brought her would go up to your 20 bedroom and massage am with her, on her initial 21 visit? 22 MR. PIKE: Form. 23 A Again? Can you -- what's the question? 24 Q I'm asking about whether or not there 25 was a sort of routine that was followed when the 546 1 girls would come to your home to provide the 2 massages and other sexual gratification for you. 3 I'm asking whether or not part of that routine 4 was that they would be accompanied by the girl 5 who brought them? 6 MR. PIKE: Form. 7 A I'm going to have to, on advice of 8 counsel, answer that question by asserting my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q If they were accompanied by the girl who brought them, would it be your usual practice to allow them to start the massage and then excuse the girl who had brought the second girl for her first visit? MR. PIKE: Form. A I'm going to do my best to respond to these questions, but my counsel has advised me that I must assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Ms. Ezell, so I respectfully must decline. Q Did you have a routine way that you liked the massage itself to be conducted? MR. PIKE: Form. A Ms. Ezell, I'm going to have to 9 10 11 12 13 14 15 16 17 18 19 20 21 2 3 4 5 1 respectfully decline to answer that question, on 2 advice of counsel, they've asked me to assert my 3 rights as protected by the Sixth. Fifth and 4 Fourteenth Amendment. 5 Q Did either Ms. or you, or the 6 girl who perhaps had been there before Instruct 7 the new girl to begin by massaging the back of 8 your legs and your back? MR. PIKE: Form. A I would like to respond to all your questions. but unfortunately at least today, my counsel has advised me I must assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q And did you or Ms,Mgenerally ask the girls or instruct the girls to remove their clothing? MR. PIKE: Form. A Unfortunately, Ms. Ezell I have to respectfully decline to answer that question today. On advice of counsel, they've asked me to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. Q After having the back of your legs — the feet, the back of your legs and your back 1 2 3 4 S 6 7 8 9 10 11 12 13 14 5 6 17 18 19 20 21 22 23 24 25 548 massaged, would you then typically turn over, exposing yourself, laying on your back? MR. PIKE: Form. A Ms. Ezell, I'm going to respectfully have to decline to answer that question today, because my counsel has asked me to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right, though I would like to answer every one of your questions. Q Would it be your practice at that point, depending on the skittishness of the girl to begin trying to fondle her breasts or rub her vagina? MIL. PIKE: Form. A Ma'am, I respectfully have to decline to answer that today, though I would like to answer each one of these questions. My counsel has instructed me to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. Q Assuming the girl was ill at ease, would it be your practice to then talk with her to try to elicit from her, her interests, her goals, the things that were important to her in her life? MR. PIKE: Form. Q Was that part of your routine? 54 (Pages 545 to 548) U.S. Legal Support EFTA01103427 549 551 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. PIKE: Sony. Form. A Ma'am, though I would like to answer every one of your questions today, unfortunately my counsel has advised me I must assert my rights as protected by the Sixth, Fifth and Fourteenth Amendment. Q Would it generally be your practice, if the girl was skittish, to perhaps wait until the second visit to introduce a vibrator into the routine? MR. PIKE: Form. A Ms. Ezell. unfortunately I have to answer that question the same way as I've answered every one of your questions today, which is, I would have to assert my rights protected by the Sixth, Fifth and Fourteenth Amendment on advice of counsel. Q Would you try to calm the girl by telling her to relax, that there was nothing wrong with what was going on? MR. PIKE: Form. A Ma'am, unfortunately I have to respond to that question as I've responded to most of your other questions here today, which is by invoking my Sixth Amendment, Fifth Amendment and 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 another girl, was it your practice to pay the procuring girl at least $200 for bringing the new girl? MR. PIKE: Form. A Again? Sony. Can you repeat the question? Q Sure. Maybe I can state it a little better. Did you tell the girls that you would pay them $200 every time they brought a new girl? MR. PIKE: Form. A Unfortunately, Ms. Ezell, I'm going to have to respond to that question the same way as I've responded to most of your other questions today. On advice of counsel, they've instructed me to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment right. Q And indeed, did you keep that promise and either pay them directly or have Ms. pay the procurer $200 for each new girl that she brought? MR. PIKE: Form. A Unfortunately, Ms. Ezell, I have to respond to that question respectfully the same as 550 1 Fourteenth Amendment right. 2 Q Assuming that the girl made it through 3 the first session, would you generally wait until 4 you had reached climax before dismissing her? 5 MR. PIKE: Form. 6 THE WITNESS: Earthquake? 7 MR. PIKE: Train. For the record a 8 train is going by. 9 A Ms. Ezell, unfortunately I have to 10 respJlgl to that question as I've responded to 11 most of the other questions here today, which is 12 I must assert my rights protected by the Sixth, 13 Fifth and Fourteenth Amendment on advice of my 14 counsel. 15 Q Would you generally pay the new girl 16 $200 for the massage, either by telling her that 17 the money was on the counter or by telling her 18 that Ms. would pay her downstairs? 19 MR. PIKE: Form. 20 A Unfortunately, Ms. Ezell, today I have 21 to respond to that question the same way I've 22 responded to all your other questions, which is 23 by invoking my Sixth Amendment, Fifth Amendment 24 and Fourteenth Amendment right. 25 Q And If that girl had been brought by 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 552 I responded to most of your other questions here today. My counsel has advised me I must assert my rights as protected by the Sixth. Fifth and Fourteenth Amendment. THE WITNESS: Can we take a two-minute break? THE VIDEOGRAPHER: Going off the video record 3:54 p.m. (Pause in the proceedings.) THE VIDEOGRAPHER: Back on the video record 3:56 p.m. Q Did you let the girls know that the more they let you do, the more they would be paid? MR. PIKE: Form. Again, I'm really trying to work with you, Ms. Ezell, but that is... is an exact question that Mr. Horowitz asked at the commencement of the deposition. We are back in generalities again, and it is repetitious. If you could, let's try to narrow it to your client. MS. EZELL: I'm certainly entitled to see how my client fits into the big picture or my clients, and whether this was part of a pattern and whether they indeed were treated according to a pattern or scheme or 55 (Pages 549 to 552) U.S. Legal Support EFTA01103428 553 555 routine. 1 pre-existing obligation beginning at 4:00 2 MR. PIKE: Okay. I just don't hear any 2 o'clock. Hold on a second, guys. So this 3 questions regarding your clients. Titers 3 deposition will be continued consistent with 4 what Pm saying. 4 various court orders. 5 Q Do you recall that the first time 5 MS. EZELL: Okay, thank you. 6 came to provide you a massage, you told her to 6 THE VIDEOGRAPHER: Going off the video 7 take off her clothing, which she refused to do? 7 record 4:00 p.m. 8 MR. PIKE: Form. 8 THECOURT REPORTER: Thank you all. 9 A A.H. -- can we use names so there is no 9 Same orders as yesterday? 10 confusion here? 10 MR. EDWARDS: Yes. 11 Q A.H. Is ' " She is Jane Doe 103. 11 MR. HOROWITZ: Yes. 12 A I'm going to have to respond to that 12 MR. PIKE: Yes. 13 question, as I responded to all your other 13 MS. F7F-11 • Yes, please. 14 questions, Ms. Ezell, respectfully, and on advice 14 THE COURT REPORTER: Thank you all. 15 of counsel I have to assert my rights as 15 (Whereupon, the deposition was adjourned 16 protected by the Sixth, Fifth and Fourteenth 16 at 4:05 o'clock, p.m., sine die.) 17 Amendment. 17 18 Q And when she did refuse to do that, did 18 19 you begin to try to touch her and paw at her and 19 20 remove some of her clothing? 20 21 MIL PIKE: Form. 21 22 A Ma'am, I would respectfully -- I would 22 23 like to answer that question, as I would like to 23 24 answer most of the questions you've posed here 24 25 today. Respectfully, I'm going to have to 25 554 556 decline on advice of counsel and invoke my Sixth 1. THE STATE OF FLORIDA) 2 Amendment, Fifth Amendment and Fourteenth 2 COUNTY OF PALM BEACH) 3 Amendment right. 3 I, TERRI BECKER, a Registered 4 Over the approximately 17 months that 4 Professional Reporter and Notary Public for the erne to your borne, did you or your agents a frequently call her at her home number or her 5 6 7 State of Florida at Large, do hereby certify that I reported the videotaped continued deposition of JEFFREY EPSTEIN, the DEFENDANT, called by the 7 cell number arranging for encounters, arranging 8 PLAINTIFF in the above.enntied action; that the 8 for her to come to your home to provide the 9 witness was duly sworn by me; that the foregoing 9 massage and sexual favors, sometimes as much as 10 pages, numbered from 336 to 560, inclusive, 10 twice a day? 11 constitute a we record of the deposition by 11 MR. PIKE: Form. 12 said witness. 12 Q Let's break it up. 13 I further certify that I am not attorney 13 During the 17 months that she came to 14 or counsel of any of the panics, nor a relative 14 your home, did It frequently happen that you or 15 or employee of any attorney or counsel connected with the action, nor financially interested in 15 one of your agents would call ahead of time to 17 the action. 16 tell her that you would be coming to town? 18 WITNESS MY HAND and official seal in the 17 MR. PIKE: Form. 19 City of West Rahn Beach, County of Palm Beach, 18 A Ma'am, I'm going to respectfully have to 20 State of Florida, this 19th day of Apra2010. -..a. 19 decline to answer that question on advice of 21 _ $ 20 counsel. Theyve instructed me to assert my 21 Sixth Amendment, Fifth Amendment and Fourteenth 22 TERRI BECKER, Registere 22 Amendment right. Professional Reporter and 23 MR. PIKE: Ms. Ezell, as you know we've 23 Notary Public, State of Florida 24 discussed this at the commencement of 24 at Large. My Commission expires March 13,2011. 25 today's deposition, that we had a 25 56 (Pages 553 to 556) U.S. Legal Support EFTA01103429 557 559 1 THE STATE OF FLORIDA) 1 ERRATA SHEET 2 COUNTY OF PALM BEACH) 2 In Re: JANE DOE V. EPSTEIN 3 3 DO NOT WRITE ON TRANSCRIPT ENTER CHANGES HERE. 4 4 5 The foregoing certificate was 5 PAGE LINE CHANGE REASON 6 acknowledged before me this 6 7 day of 2010. 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 Notary Public, State of Florida. JEFFREY EPSTEIN 15 My commission No. 16 17 Expires March 13, 2011. 18 16 THE STATE. OF FLORIDA) 17 19 COUNTY OF PALM BEACH) 18 20 I DO HEREBY CERTIFY THAT JEFFREY EPSTEIN 19 appeared before me and gated that he has mad 20 21 21 his deposition; further, ant this Errata Sheet vas signed in my presence on this day of 2010. 22 22 23 23 24 24 25 25 558 560 1, JEFFREY EPSTEIN, do hereby U.S. LEGAL SUPPORT Resestercel Professional Reporters 2 certify that I have read the foregoing transcript 2 444 West Railroad Avant 3 of my deposition given on April 14,2010, that 3 Suits 300 • COI 4 together with the correction page attached hereto S noting changes in form or substance, if any, it April 5 6 is true and correct. 6 SURMA/I.CR.1770N LUTT1ER & COLEMAN 7 Senyzn Bou4•aed Stet 400 West Pales Bea* DON& 33401 B JEFFREY EPSTEIN ATTENTION: M/CHAEL MKS. ESQ. 9 9 In Re. JANE DOE V. EPSTEIN 10 10 Deposition of. IFJPREY EPSTEIN 11 11 12 12 Dear Mr Pikes 13 13 Slaw would haw avoid thm yeti may 14 15 I do hereby certify that the deposition of JEFFREY EPSTEIN was submitted to the witness 14 15 hew the mottos mad ad riper:or copy of dm depotitiort for to comenioeue enclosed herewith you wIE find Si Ernes Shea for the 16 for reading and signing; that after he had stated 16 wecesf use in emend any changes to the **Call* 17 to the undersigned Notary Public that he had read 17 Thank see for seat lameoPt OINNIOn 16 Carnally yours. 18 and examined his deposition, he signed the same U.S. LEGAL SUPPORT 19 in the presence of the undersigned authority on 19 20 20 the day of 2010. 21 TERRI BECKER, ROOM:rid Nofetsiond Rammer. Nosey 21 Pubic. State of Florida at 22 22 term. My carreistrion maims Mott 1).1011. 23 23 24 24 CC Admit Itorowila, Bradley Edwin* EM Kedierine Fall, Hap 25 25 57 (Pages 557 to 560) U.S. Le al Su ort EFTA01103430