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Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. VOLUME I OF II Related cases: 08-80232, 08-08380, 08-80381, 08-80994 08-80993, 08-80811, 08-80893, 09-80469 09-80591, 09-80656, 09-80802, 09-81092 VIDEO-CONFERENCED AND VIDEOTAPED DEPOSITION OF { JANE DOE NO. 2 Wednesday, March 3, 2010 10:02 - 6:19 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FPR Notary Public, State of Florida Prose Court Reporting Job No.: IIII EXHIBIT_A PROSE COURT REPORTING AGENCY, INC. EFTA01104158 _ .e.s.seu.ves,4ft.ZeeeniPeei Page 199 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. VOLUME II OF II Related cases: 08-80232, 08-08380, 08-80381, 08-80994 08-80993, 08-80811, 08-80893, 09-80469 09-80591, 09-80656, 09-80802, 09-81092 VIDEO-CONFERENCED AND VIDEOTAPED DEPOSITION OF JANE DOE NO. 2 Wednesday, March 3, 2010 10:02 - 6:19 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FPR Notary Public, State of Florida Prose Court Reporting Job No.: MI PROSE COURT REPORTING AGENCY, INC. mimit t>9 ironically signed by cynthla hopkins ironically signed by cynthla hopkins ironically signed by cynthla hopkins 75c26181.1493-46e5-a692.6d620d5d87d6 EFTA01104159 Page 212 1 either by phone or by mail? 2 A- By mail. I got mail that's, I think that's 3 how I kept in contact with everyone. i don't, I don't 4 think I had conversations with them on the phone about 5 it 6 Q. Okay. Did she ask you whether you had, 7 "she," the agent, ever ask you whether you had had 8 telephone, any telephone conversations with 9 Mr. Epstein? 10 A. I don't think she asked me that. 11 Q. Okay. And just let me ask just a coupk 12 of questions. Is, is -- you never gave Mr. Epstein 13 or anyone on his behalf your phone number, did you? 14 A. Yes, I did. 15 Q. To whom did you give your phone number? 16 A. The lady downstairs, his assistant. 17 Q. All right 18 A. Or whatever she is. 19 Q. No one, Mr.— you have never spoken with 20 Mr. Epstein by phone, correct? 21 A. Correct. 22 Q. Okay. He has never texted you nor have 23 you ever texted him, correct? 24 A. Correct. 25 Q. You have never communicated to him, Page 214 1 BY MR. CRITTON: 2 Q. The only contact you had with Mr. Epstein 3 at his home or with him or someone working on his 4 behalf, other than me as his attorney or Dr. Hall, 5 who did a medical examination on you -- I forgot the 6 question. I have to start again. 7 Other than myself who represents 8 Mr. Epstein and other than Dr. Hall who did an 9 examination of you, you've had no contact either 10 with Mr. Epstein or with anyone who has been acting 11 on his behalf at any time other than that one 2 occasion in December of '04; is that coned? 13 A. Correct. 14 Q. With the FBI, did you ever get a letter 15 from them or from the Department of Justice, the 16 United State's Attorney's Office, at any time? 17 A. I believe so. They were keeping me updated. 18 Q. Okay. And at some point did you learn 19 that Mr. Epstein was, had pled guilty to state 20 offenses and was serving time in jail? 21 A. Yes. 22 Q. Okay. How did you learn that? 23 A. Through the, the letters that I got like once 24 every couple of months or once year. 25 Q. And in any of the letters that you ever 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 213 communicated with Mr. Epstein or anyone on his behalf over the Internet, either to or from, correct? A. Correct. Q. You have not used your computer Facebook, a social networking site, to communicate with Mr. Epstein or anyone on his behalf correct? A. Correct Q. Okay. And if I may just so it's correct you have never texted or no one on behalf — strike that. You have had no contact by phone, text, Internet, computer with Mr. Epstein or anyone acting on Mt. Epstein's behalf, correct? MR. HOROWITZ: Form. THE WITNESS: Correct. BY MR. CRiTTON: Q. Okay. Did, the only contact that you ever had with Mr. Epstein or really anyone on his behalf was that one-time visit in the latter part of December of 2004, correct? A. Well, Dr. Hall and now you. Q. But that's a different issue. Back in the time period — MR. HOROWITZ: That's a good answer. Page 215 1 received from the, either the FBI or the United 2 State's Attorney's office, did they ever tell you 3 you had the ability to bring a civil lawsuit for 4 money damages against Mr. Epstein? 5 MR. HOROWITZ: Form. 6 . THE WITNESS: Tin not sure. I don't know 7 actually. 8 BY MR. CRITTON: 9 Q. And how did -- again I don't want to know 10 any — is the first lawyer that you met from the law 11 firm that your, that your, that you currently 12 employ, is that Mr. Herman? 13 A. Correct. 14 Q. Okay. And where did you lust meet 15 Mr. Herman? 16 A. My mother contacted him. 17 Q. Okay. And how did she get in contact with 18 him, do you know? 19 A. I believe she read about one of the other 20 girls that had come out and talked and spoke about ha 21 day with Mr. Epstein, and then she wanted me to talk to 22 somebody as well. 23 Q. Is this someone who had filed a lawsuit 24 against Mr. Epstein - 25 MR. HOROWITZ: Form. 5 (Pages 212 to 215) PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins • 7bc26f81-1493-46e5a692-6d620d5d87d6 EFTA01104160 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 Q. Okay. Where does live? A. What do you— are you going to follow her or something? Q. !just ask at. A. She lives , „a wn does she live, please? She lives in ? Is that a housing area? A. It's a neighborhood. Q. Do w what her address is? A. Q. A. Yes. Q. A. Yes. . Do ou know what Michelle - or Pm song, ' phone number is? A. Her house phone number is . And are you still best friends with A- Yes. Q. Have you seen her since you've been down here? A. No. Q. Do you plan to see her before you return home to Tennessee? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 Q. I get to ask the questions. Fillet your lawyer at a break tell you why I get to ask or not ask questions. Okay? There should be no reason that you or anyone else should be scared for their lives. A. I would hope not. Q. Is your brother married, A. Yeah. . You say you told your, your best friend what had ha. , ed at Mr. Epstein's house. When did you tell that? Did you tell her that day that you came back from Mr. Epstein's home? MR. HOROWITZ: Object to the form. THE WITNESS: No. I told her the next day. BY MR. CFUTTON: Q. Do you recall the exact date you were at Mr. Epstein's home? A. No. Q. Okay. You went to Mr. Epstein's home on one occasion, correct? A. Yes. Q. Do you remember the year it was in? A. 2004. Page 39 1 A. Yes. 2 Q. When are you going to see her, tonight? 3 A. I haven't gotten that far. 4 Q. How long do you plan to be in Florida now 5 that you're down here? 6 A. A couple of days, a week. 7 Q. Okay. Where are you staying? 8 A. At my brothel's house. 9 Q. • Natural brother or step-brother's? 10 A. Natural brother. 11 Q. What's his name? 12 A. 13 Q. Where does he live? 14 A. I have no idea. 15 Q. I'm sorry? 16 A. He lives one 1 don't know his address. 17 Q. In 18 A. Yes. Why do you need to know where Pm 19 staying? I don't think that's relevant to this. That 20 is not — I don't want to be scared for my life. 21 Q. There would be 110 reason that you would be 22 scared for your life. 23 A. Well, why — 24 Q. Okay. 25 A. — is the reason for you to ask where Pm at? Pa C.: ,E! I 1 Q. Do you remember 2 A. Eleventh grade. 3 Q. Do you remember the month? 4 A. I believe it was in December, near Christmas 5 time. 6 Q. So, if I understand, when you left 7 Mr. Epstein's home — and I'll just use late 8 December of '04; is that okay with you? 9 A. Yeah. 10 Q. When you went to his home, you didn't say 11 anything about your experience to Ms. Doe No. 3; is 12 that comet? 13 MR. HOROWITZ: Feat 14 THE WITNESS: I told her one thing that he 15 tried fingering me„ and she said that it was 16 okay, that she, that that happened to her 17 friend. 18 BY MR. CRIITON: 19 Q. And did she — when she said it was okay, 20 did it seem, at least to Ms. Doe No. 3, that that 21 was no big deal? 22 A. Yes. 23 Q. Okay. Did Ms. Doe No. 3 tell you, either 24 before or after you went to Mr. Epstein's home, that 25 she had been with Mr. Epstein personally? - 1 - 11 (Pages 38 to 41) PROSE COURT REPORTING AGENCY, INC. EFTA01104161 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 A. No. Q. Okay. Did she ever express to you any type of emotion, anger, being upset based upon her having been to Mr. Epstein's home, what, whatever her experience had been? A. No. Q. Okay. When you told her that he tried to finger you, did you, did she — other than saying, okay, yeah, that happened with another friend of hers, did she say anything else? A. She said that he thought — that if he thought I was pretty, he would want me to come back again. And I told her that I wasn't going to ever go back there. Q. Okay. Did, did she — at least, she meaning Jane Doe No. 3, did she give at least — well, let me strike that. Did Jane Doe No. 3 express to you that she, that Ms. Doe No. 3, would like you to come back or may want you to come back, I mean prior to your saying that's not something that I want to do? MR. HOROWITZ: Form. THE WITNESS: Did she — are you asking, did she want me to — did she ask me if she wanted me to go back there? Page 44 1 Is Jane Doe No. 3 the one who took you to 2 Mr. Epstein's home? 3 A. Correct. 4 Q. Was she — was anyone else there with you 5 at the time? When I say "anyone else," did anyone 6 else of your friends or acquaintances go with you to 7 Mr. Epstein's home on that one occasion in December, 8 late December of 2004? 9 A. No. 10 Q. Okay. Do you I aber, did you know a 11 girl named Jane Doe No. 4, Doe No. 4? 12 A. I know —1 know of her. I know of her, but 13 I, I don't know her really. 14 Q. Okay. Do you remember Jane Doe No. 4 15 being there with you? 16 A. No. 17 Q. So, it was, did Ms. Doe No. 3 pick you up 18 in her car? 19 A. Yes. 20 Q. And on the way to Mr. Epstein's — and I'm 21 going to come back to this a little later, but just 22 so I get a couple of facts squared in my mind, is 23 either on the way to Mr. Epstein's or after you left 24 Mr. Epstein's; that is, the entire time you spent 25 with Jane Doe No. 3, did she ever say or express any Page 4 3 1 BY MR. CRITTON: 2 Q. Yeah. 3 A. (Non verbal response.) 4 Q. Yes? 5 A. Yes. 6 Q. Okay. Did, did anything about your 7 experience — well, let me strike that. 8 Did Ms. — did Jane Doe No. 3 express to 9 you any type of concern about your having been at 10 Mr. Epstein's home based on your experience? 11 MR. HOROWITZ: Form. 12 THE WITNESS: Did she seem concerned? 13 BY MR. CRITTON: 14 Q. Yeah. 15 A. No. 16 Q. Okay. Did she say anything that would 17 have led you to the, to the — led you to an 18 impression that she somehow had been emotionally 19 traumatized at all by Mr. Epstein? 20 MR. HOROWITZ: Form. 23. THE WITNESS: Not really. 22 BY MR. CRJTTON: 23 Q. Okay. Did she appear to you to be 24 uncomfortable; that is, when you went to 25 Mr. Epstein's home with me strike that. Page 45 1 concern that she had ever had being at Mr. Epstein's 2 home or being around Mr. Epstein's home? 3 MR. HOROWITZ: Form. 4 THE WITNESS: No. 5 BY MR. CRITTON: 6 Q. Okay. Did she, during the time you were 7 with her on the trip over, when you were in the 8 house, when you left the house, did Jane Doe No. 3 9 appear to you in any way to be anxious or, or 10 nervous or unhappy; that is, did you see anything in 11 her demeanor that, that looked to be uneasy in any 12 way? 13 MR. HOROWITZ Form. 14 THE WITNESS: Not really. 15 BY MR. CRITTON: 16 Q. Did Jane Doe No. 3 say to you anything 17 along the lines of, kite, this is no big deal, you 18 know, something like that? 19 A. No. 20 Q. Okay. Was Jane Doe No. 3 paid when you — 21 let me strike that. 22 Do you have any knowledge as to what Jane 23 Doe No, 3, whether Jane Doe No. 3 received any money 24 for your having come to Mr. Epstein's home? 25 A. Yes. 12 (Pages 42 to 45) PROSE COURT REPORTING AGENCY, INC. EFTA01104162 Page 46 Page 48 1 Q. How much was she paid? 2 A. $100. 3 Q. Did she have to share that with anyone to 4 your knowledge? 5 A. No. 6 Q. Okay. Did you, when you — and were you 7 aware when you left Mr. Epstein's home that she 8 received $100? 9 A. I had to give it to her. 10 Q. Okay. Were you —did she tell you before 11 you went to Mr. Epstein's home that she would 12 receive money? 13 A. No. 14 Q. Okay. Do you think Jane Doe No. 3 shares 15 responsibility for having taken you to Mr. Epstein's 16 home? 17 MR. HOROWITZ: Form. 18 THE WITNESS: Yes. 19 BY MR. CRITTON: 20 Q. Okay. Have you ever expressed to anyone 21 other than your lawyers that you think Jane Doe 22 No. 3 should be sued because she — but for Jane Doe 23 No. 3 taking you to Mr. Epstein's home, you never 24 would have met him? 25 MR. HOROWITZ: 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 the privilege. MR. CRITTON: I, I disagree. MR. HOROWITZ: Don't answer. MR. CRAYON: Okay. We disagree on that Let's move on. BY MR. CRTITON: Q. Okay. Have, have you told anyone other than your lawyers you would like to sue Jane Doe No. 3 because you hold her responsible for taking you to Jeffrey Epstein's home? A. I've thought about it I don't — I didn't say anything to anyone. Q. Okay. A. I already got my revenge with her. Q. How did you get your revenge with her, Jane Doe No. 3? A. We got into an argument and a fight — Q. About what? Oh, I'm sorry, I didn't mean to — that's another rule, or a pro, process here, is if you interrupt me on a question, and I haven't finished my question, I am going to say, hold on, Ms. Doe No. 2, let me finish my question so you understand what I'm asking If l interrupt you with one of your answers and you hesitate and I start with another Page 47 1 THE WITNESS: Your question is, do I think 2 Jane Doe No. 3 should be sued for taking me 3 there? 4 BY MR. CRITTON: 5 Q. Yeah. Because but, but for Jane Doe 6 No.3, you would have never heard of Mr. Epstein, 7 would you? 8 MR. HOROWITZ: Form. 9 THE WITNESS: I would have never heard of 10 him if she hadn't cane up to me and mentioned 13. him, yeah — 12 BY MR. CRTITON: 13 Q. Okay. 14 A. -- but.. 15 Q. Have you ever considered suing Jane Doe 16 No. 3 for having taken you there? 17 MR. HOROWITZ: Form. I am going to asser. 18 a privilege. That would be work product. 19 MR. CRITTON: I'm just asking her — 20 MR. HOROWITZ: No, I, I get that, but her, 21 you're asking — hold on a second. You're 22 asking her what her legal theories are, and it 23 overlaps with what — as her counsel, we 24 infiltrate our legal opinions, and I don't 25 think you can separate the two. I am asserting Page 49 1 question, tell me you haven't finished and I'll let 2 you finish. Okay? 3 A. Okay. 4 Q. You said you got into a fight with Jane 5 Doe No. 3? 6 A. Yes. 7 Q. Okay. And what was the fight about? A. To her, it was about a boy. I'm not even sure 9 what it was about. She just wanted to come after me, 10 and for me it was more of, of, like, I don't like you, 13. and I want you to know that I never want you to hurt 12 anybody and that she was wrong 13 Q. Okay. I didn't understand your answer. 14 From your perspective -- well, let me strike that. 15 When did the fight occur with Jane Doe No. 3? 16 A. Going— summer of going into 12th grade. 17 Q. Which would have been the summer of 2005, 18 or the August-ish 2005? 19 A. Yeah. 20 Q. Okay. And you say it's Jane Doe No. 3's 21 view -- and how do you know what Jane Doe No. 3's 22 view of the fight was? 23 A. Because she kept calling me a slut and saying 24 that, that I was hanging out with this guy that she 25 liked, that I didn't like, but... IwOr:KaaawoYa..44t4+•Naiisaca....04aa..40a“tae-u. C.a.,-vaAl alaLaa%ia•IW 13 (Pages 46 to 49) PROSE COURT REPORTING AGENCY, INC. EFTA01104163 Page 34 1 Q. All right. Now, you said when you looked 2 at the police report you noticed — Pm going to 3 come back to this later, but just so I have a basic 4 understanding. What did you see in the police S report that was different from what you 6 understood — or let me strike that. 7 What did you see in the police report that 8 stood out to you that you indicated that you had 9 forgotten? 10 A. The fact that he unsnapped my bra and was 11 touching me on my breasts. 12 Q. Okay. Anything else? 13 A. That his fingers went slightly inside my 14 vagina. 15 Q. And you is that something when you 16 saw -You can take a break anytime you want. 17 THE VIDEOGRAPHER: Going off the record at 18 10:33. 19 (A brief recess taken.) 20 TIM VIDEOGRAPHER We're back on the 21 record at 10:38 am. 22 BY ME- CR1TTON: 23 Q. Jane Doe No. 2, you indicated that the, in 24 reviewing the police report you were talking about 25 the areas of the police report that reminded you, or 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 1 BY MR. CRITTON: 2 Q. All right. And was there anything else 3 that saw in the police officer's recordation; that 4 is, what he put on the page, of what you purportedly 5 said to him at that time that you — that refreshed 6 your recollection in some way about what happened at Mr. Epstein's, that, that prior to yesterday was not in your recollection? A. Those were the only two things. Q. All right. Now, if the police officer — you indicated that Item I is, is that he unsnapped your bra and touched your breasts, correct? A. Correct. Q. And when you say "he" — had that not been in the police report, is that something that you, at least as of yesterday, you didn't remember? MR. HOROWITZ: Form, improper hypothetical. THE WITNESS: I remember it being worse than what I keep telling everybody had happened, because I don't want people to think, think that some old man touched me like that and was allowed to get away with it and everything was okay. Page 35 1 when you saw them you now recall that this, these 2 two events may have happened; one is, you say he, 3 he, I assume you mean Mr. Epstein, unsnapped your 4 bra and touched your breasts, is item I, correct, if 5 I understood you? 6 A. Correct. 7 Q. And the second is you say you think his fingers may have slightly gone inside or touched you 9 inside your, your vagina; is that correct? 10 A. I don't think. 'know. 11 Q. Well, with regard to anything else that 12 you saw in the police report that, as you've 13 described, quotehinquote, reminded you or called — 14 made you able to recall what occurred at 15 Mr. Epstein's home as you sit here today now? 16 A. What was the question? 17 Q. Okay. Was there anything else that you 18 saw from the police report that you indicate; that 19 is, the police — let me strike that. 20 Just so it's clear, it's, the police 21 report is not what you said, it's what a police 22 officer recorded in his or her report that you said 23 to them; is that correct? 24 MR. HOROWITZ: Form. 25 THE WITNESS: Yes. That's correct. Page 3 1 BY MR.. CIUTTON: 2 Q. Well, what do you - what do you mean, 3 he's been allowed to get away with it? 4 A. No matter what 1 say or do, nothing is going 5 to happen to him. And that's the only thing that I 6 want. 7 Q. What - 8 A. I want him to know that what he did was wrong 9 and to never ever do that to anybody, because nobody 10 deserves to feel the way that I deserve — that I felt 11 that day. I would never want anyone to have to go 12 through that. 13 Q. Okay. And did — that day you were at 14 Mr. Epstein's home, when you left did you express 15 just what you did on the video camera and to the 16 court reporter here, did you express that to your 17 close personal friend, Jane Doe No. 3? 18 A. Close personal was not — she was not close 19 and personal. She was a girl that I went to school 20 with. 'did not express that to her because she was the 21 person that had brought me there. 1 expressed that same 22 statement to my best friend, the only person in this 23 entire world that I told. 24 Q. Who was that? 25 A. My friend 10 (Pages 34 to 37) PROSE COURT REPORTING AGENCY, INC. EFTA01104164 Page 62 The police talked to you about a year 2 later, which would have been in approximately 3 Decanber of 'OP 4 A. Yes. 5 Q. Between the time that you went to 6 Mr. Epstein's home and the police talked to you in 7 December of 'OS, had you, other than speaking with 8 had you spoken -- had you told anyone 9 else what purportedly happened to you at 10 Mr. Epstein's home? 11 MR. HOROWITZ.: Form. 12 THE WITNESS: Ito 13 because I had worked with him that 14 she did some bad things and that she wasn't a 15 good person. 16 BY MR. CRI7TON: 17 Q. "She" meaning Jane Doe No. 37 18 A. Yes. 19 Q. Okay. And what did he say? 20 A. He just couldn't believe. I didn't tell him 21 like the full-on story. I just told him some of the 22 things that happened and how she had lied to me about 23 everything. And then he was, you know, very comforting, 24 gave me a hug and said, you know, that was wrong, she 25 should have never done that, you know. 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 64 you? A. Yes. Q. Did you ever talk to the FBI? A. Yes. Q. All right. What did you tell.. happened? What did you tell him about Jane Doe No. 3 and what happened at Mr. Epstein's? A. About the note and about how she — Q. The note? A. The note that she wrote to me in class about what she, how she wanted me to go and give just old guys a massage and you get like $200. And I said, okay. It's right around Christmastime. I have eight people in my family that I have to get presents for, you know. And, and then she said if I ever told anybody that she would punch me in the face or beat me up, and -- Q. Did she say something like, In beat your ass or something like that? A. Yeah. Q. That's what she said? A. Yeah. Q. All right. So she basically gave you a note and said, do you have an interest in going to a- to give a massage to this old — an old guy or 8PYs7 Page 63 1 Q. Are you aware of anyone else that Jane Doe 2 No. 3 ever took to Mr. Epstein's home? 3 A. 'heard of a girl, but I don't, 'don't know 4 her name. I heard of a girl going there and the boys 5 were all talking to me at school saying how they can't 6 believe some girl went there and she was young and she 7 did things to him. And I thought at first they were 8 talldng about me, and then it ended up they said this 9 other girl's name, and I was like, who's that, and then 10. that was it. And that's all I heard. 11 Q. Okay. So you don't !mow anyone else who 12 ever went to Mr. Epstein's home, any other females 13 that went? 14 A. I now {mow that a couple of girls were the 15 recruiters. 16 Q. Who? 17 A. Ism heard of that Jane Doe No. 4. I don't 18 . know her last name. I know °feed Jane Doe No. 103 19 and • 20 Q. With , what did you tell - 21 did you tell within a few ti _im — well, let me 22 strike that. When did you tell.. about Jane Doe 23 No. 3 and what she had done? 24 A. It was weeks afterward. 25 lint bekeihe PalnsiLaa each Police talked to Page 65 1 A. She said it's in the — you know, it's in a 2 place where there's a bunch of old guys and there's 3 young girls. You don't need experience, and you just 4 give them a massage and they pay good matey just to have 5 you massage them. 6 Q. This is what lane Doe No. 3 told you in 7 the note? 8 A. Yeah. 9 Q. And then she said, if you tell anybody, 10 I'm going to beat you up or I'll beat your ass? 11 A. Yeah. 12 Q. Okay. And was lane Doe No. 3 a friend of 13 yours at the time? 14 A. She was -- she sat next to me in classes, and 15 she — I'd known her since middle school and high 16 school. 17 Q. What was Jane Doe No. 3's reputation; that 18 is, was she someone who was tlice, did you 19 consider here tmthful person? 20 MR. HOROWITZ: Form. 21 THE WITNESS: She was just more of -- 22 like, she hung cut with more of; like, the 23 cooler girls and she, she — !just, !just 24 personally didn't really ward to hang out with 25 her until high school we hung out in the same alti•CIWagiat 17 (Pages 62 to 65) PROSE COURT REPORTING AGENCY, INC. EFTA01104165 Page 212 Page 214 either by phone or by lull'? 2 A. By mail. I got mail that's, I think that's 3 how I kept in contact with everyone. I don't, I don't 4 think I had conversations with them on the phone about it 6 Q. Okay. Did she ask you whether you had, 7 "she," the agent, ever ask you whether you had had B telephone, any telephone conversations with 9 Mr. Epstein? 10 A. 'don't think she asked me that 11 Q. Okay. And just let me ask just a couple 12 of questions. Is, is you never gave Mr. Epstein 13 or anyone on his behalf your phone number, did you? 14 A. Yes, !did. 15 Q. To whom did you give your phone number? 16 A. The lady downstairs, his assistant 17 Q. All right. 18 A. Or whatever she is. 19 Q. No one, Mr.— you have never spoken with 20 Mr. Epstein by phone, correct? 21 A. Correct. 22 Q. Okay. He has never texted you nor have 23 you ever texted him, correct? 24 A. Correct. 25 Q. You have never communicated to him, 1 BY MR. CRITTON: 2 Q. The only contact you had with Mr. Epstein 3 at his home or with him or someone working on his 4 behalf, other than me as his attorney or Dr. Hall, 5 who did a medical examination on you — I forgot the 6 question. I have to start again. 7 Other than myself who represents 8 Mr. Epstein and other than Dr. Hall who did an 9 examination of you, you've had no contact either 10 with Mr. Epstein or with anyone who has been acting 11 on his behalf at any time other than that one 12 occasion in December of '04; is that correct? 13 A. Correct. 14 Q. With the FBI, did you ever get a letter 15 from them or from the Department of Justice, the 16 United State's Attorney's Office, at any time? 17 A. I believe so. They were keeping me updated. 18 Q. Okay. And at some point did you learn 19 that Mr. Epstein was, had pled guilty to state 20 offenses and was serving time in jail? 21 A. Yes. 22 Q. Okay. How did you team that? 23 A. Through the, the letters that I got like once 24 every couple of months or once year. 25 Q. And in any of the letters that you ever Page 213 1 communicated with Mr. Epstein or anyone on his 2 behalf over the Internet, either to or from, 3 correct? 4 A. Comet. 5 Q. You have not used your computer Facebook, 6 asocial networking site, to communicate with 7 Mr. Epstein or anyone on his behalf, correct? 8 A. Correct 9 Q. Okay. And if I may just so it's correct 10 you have never texted or no one on behalf — strike 11 that. You have had no contact by phone, text, 12 Internet, computer with Mr. Epstein or anyone acting 13 on Mr. Epstein's behalf correct? 14 MR. HOROWITZ: Form. 15 THE WITNESS: Correct, 16 BY MR. CRITTON: 17 Q. Okay. Did, the only contact that you ever 18 had with Mr. Epstein or really anyone on his behalf 19 was that one-time visit in the latter part of 20 December of 2004, correct? 21 A. Well, Dr. Hall and now you. 22 Q. But that's a different issue. Back in the 23 time period — 24 MR. HOROWITZ: That's a good answer. 25 Page 215 1 received from the, either the FBI or the United 2 State's Attorney's office, did they ever tell you 3 you had the ability to bring a civil lawsuit for 4 money damages against Mr. Epstein? 5 MR. HOROWITZ: Form. 6 THE WITNESS: I'm not sure. I don't know 7 actually. 8 BY MR. CRITTON: 9 Q. And how did — again [ don't want to know 10 any — is the first lawyer that you met from the law 11 firm that your, that your, that you currently 12 employ, is that Mr. Herman? 13 A. Correct. 14 Q. Okay. And where did you first meet 15 Mr. Herman? 16 A. My mother contacted him. 17 Q. Okay. And bow did she get in contact with 18 him, do you know? 19 A. I believe she read about one of the other 20 girls that had come out and talked and spoke about her 21 day with Mr. Epstein, and then she wanted me to talk to 22 somebody as well. 23 Q. Is this someone who had filed a lawsuit 24 against Mr. Epstein — 25 MR. HOROWITZ: Form. 5 (Pages 212 to 215) PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins 7be26481-1493-4605-a692-6d620d5447d6 EFTA01104166 Page 2 :") 1 would that be generally -- well, let me see. When 2 you saw Dr. Kliman that was about a year ago, I 3 think his visit with you. And I actually, I think I 4 have the date someplace. It was, I think it was on 5 December 4th of '08. I'll represent to you that's 6 at least what his records reflect Okay? 7 A. Okay. Q. Which is a lithe over a year ago. So at 9 the time you were seeing Dr. Kliman, were you using 10 or smoking pot generally a couple of times, two or 11 three times a week? 12 A. Yes. 13 Q. Okay. And has that been true since you 14 saw Dr. Kliman up through the current date? 15 A. Yes. 16 Q. And even at home, do you smoke — well, 17 let me strike that. Do you smoke pot at home? 18 A. Not in my parents' house. 19 Q. Okay. Do they smoke pot? 20 A. No. 21 Q. Do, does your brothel= or your half 22 sister, do they smoke pot with you? 23 A. My brother, no. My sister, yes. 24 Q. Okay. And is she one of the people that 25 you smoke with or you have over, say, in the last 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21. 22 23 24 25 Page 32 times a week on that,1 would say, a regular basis; would that be a fair statement? A. Yes. Q. And I assume that's a choice that you make. You obviously like it, so you smoke it? A. Yes. Q. All right. And you don't attribute that to anything other than you like to smoke pot? MR. HOROWITZ: Form. THE WITNESS: What is "attribute to anything"? BY MR. CRITTON: Q. That is, attribute is, is, there is, out in California, maybe other states, they have medicinal marijuana, and so people who have severe symptoms associated with possibly cancer or something else, they are allowed under the law to smoke pot. So, they would attribute — they may not lice to smoke pot. They may be against smoking pot, but because marijuana helps alleviate their symptoms, it would be they take pot or use pot, and they attribute it, because they have cancer, it helps them feel better. All right. So they, that — there's a reason for it. If I understand your testimony, is, is, Page 31 1 six months? 2 A. Yes. 3 Q. Okay. And how do you purchase it? Are 4 you currently employed? 5 A. Yes. 6 Q. Okay. And are Ou the one who purchases 7 it, or do you and both purchase it and 8 share it? 9 MR. HOROWITZ: Form. 10 THE WITNESS: I purchase it, and I share 11 it with people. 12 BY MR. CRAYON: 13 Q. Okay. For how long a time period have you 14 used pot on a two-or-three-times-a-week basis? 15 A. Probably since 12th grade. 16 Q. And I assume when you started using pot, 17 or let's see, 12th grade would have made you about 18 17 or 18 at the time? 19 A. Uh-huh. 20 Q. Yes? 21 A.' Yes. 22 Q. And you're now? 23 A. Twenty-two. 24 Q. Twenty-two. So, for about the last four 25 or five years, you've been smoking t two to three 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 you smoke pot and you started in the 12th grade at age 17-ish because you like it, and because you like it you have continued to use it. Is that a fair statement? MR. HOROWITZ: Form. THE WITNESS: It helps me relax; take my mind off of things. BY MR. CRITTON: Q. Okay. But it's a choice you make either to smoke pot or not smoke pot? A. Yes. Q. All right. Is there anything else you lied or misrepresented to Dr. ;Oman about with regard to amount of drug use — MR. HOROWITZ: Form. BY MR. CRITTON: Q. — other than your reference to marijuana A. No. Q. Everything else you told Dr. ICtiman about, drug use or any other aspect, was true — MR. HOROWITZ: Form. THE WITNESS: Yes. BY MR. CRITTON: Q. — is that correct? A. Yes. 9 (Pages 30 to 33) PROSE COURT REPORTING AGENCY, INC. EFTA01104167 Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. VOLUME I OF II Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 VIDEOTAPED DEPOSITION OF JANE DOE NO. 3 Friday, February 19, 2010 10:07 - 5:09 p.m. 250 Australian Avenue Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FPR Notary Public, State of Florida Prose Court Reporting Services Job No.: IIII PROSE COURT REPORTING AGENCY, INC. EFTA01104168 Page 176 1 BY MR. CRITTON: 2 Q. All right. Let me go back to M., okay. 3 At the time that Mr. Epstein, at least based on what 4 you testified earlier today, is because Mr. Epstein 5 did touch your breasts — well, in fact, I should 6 probably clear up one thing. He only touched you in 7 the vaginal area, from what you've testified to 8 today, is ova your boy shorts, correct? 9 A. Yes. 10 Q. And you have said that there was never any 11 penetration? 12 A. Correct. 13 Q. Okay. You never touched any of his 14 private parts, true? 15 A. Correct. 16 Q. Okay. You never had any kind of 17 intercourse? 18 A. No. 19 Q. All right. Never had oral sex? 20 A. No. 21 Q. He to you, you to him, correct? 22 A. No. 23 Q. Any type of other — no type of sexual 24 contact whatsoever? 25 MR. MERMELSTEIN: Objection, form. Page 175 8 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21, 21 22 22 23 based on your testimony, to this shocking, 23 24 disturbing experience that you had had, true? 24 25 MR. MERMELSTEIN: Form. 25 1 THE WITNESS: Yes. 2 BY MR. CRITTON: 3 Q. Okay. And what kind of a friend, at least 4 with Jane Doe No. 2, what kind of a friend exposes 5 another good friend to a shocking, disturbing, 6 emotionally disturbing event? 7 MR. MERMELSTEIN: Form, argumentative, rhetorical. 9 BY MR. CRIITON: 10 Q. Why did you do that? 11 A. I don't know. 12 Q. Okay. You also did that tol, 13 correct? 14 A Yes. 15 Q. Okay. Why did you do that 16 A. I don't know. 17 MR. CRITTON: Let's go about ten more 18 minutes, and we'll take a break. Okay? 19 MR. MERMEISTEIN: All right. Is that 20 okay? 21 THE WITNESS: (Witness nods head.) 22 MR. MERMELSTEIN: Okay. 23 BY MR. CRITTON;_, 25 you tell her what you had told Q. Did you tell what d occurred? Did 24 1 BY MR. CRITTON: 2 Q. That is, your, your sexual organ with one 3 of his sexual organs; that never occurred, correct? A. You're asking me if I've had sex with him? 5 Q. No. None of your sexual organs ever came 6 in contact with his sexual organs, true? 7 A. Correct. Q. All rig/giale, again, what — based on what you told that he did touch your breasts, and that you did take your shirt and your skirt off but left on your bra and your boy shorts, that you were in shock and emotionally disturbed at what within — at the time, and then you told within an hour how upset you were, you also took Jane Doe No. 2 there, correct? A. Yes. Q. All nett. And was Jane Doe No. 2 a good friend of yours, then? A. Yes. Q. All right. So despite this, rd say, shocking incident to you, you were willing to expose your friend Jane Doe No. 2 as well to, at least 1 2 3 4 5 6 7 8 9 Pact? 177 A. Not exactly. Q. But did you tell her she might be asked to take off her clothes? A. And that you don't have to, yes. Q. All right. And you said you, you may be asked to take off your clothes, but you don't have to? A. Yes. Q. Okay. And did you say he might try to touch you, but if he does, just tell him you're not comfortable? MR. MERMELSTEIN: Form. THE WITNESS: Can you — BY MR. CRITTON: Q. Yeah. Did you, did you tell her as well, is if he tries to touch you, just tell him you don't feel comfortable? MR. MERMELSTEIN: Form. THE WITNESS: hold her if be tries to do anything, you can say no. BY MR. CRrfIDN: Q. Okay. And, and then he will stop? A. Yes. Q. Okay. And did you tell Jane Doe No. 2 the _ same thing - 45 (Pages 174 to 177) PROSE COURT REPORTING AGENCY, INC. EFTA01104169 Page 194 1 A. Yes. 2 • Q. So you met them both about the same time, 3 a year or two before June of '04? 4 A. Yeah. 5 Q. Okay. And again, after you, at any time 6 from the time that you fast talked with — or Jane 7 Doe No.4 knew that you were going to Mr. Epstein's, 8 did she ever appear to you to have any emotional or 9 psychological issues? And I know you're not a 10 psychiatrist or psychologist or a counselor, but did 11 she ever express any issues with you, emotional 12 kinds of issues? 13 A. I don't remember. 14 Q. Okay. Nothing stands out anyway? 15 A. Right. 16 Q. All right. Same with Jane Doe No. 7, did 17 she ever express any type of emotional issues that 18 she was having, any kind of psychological trauma 19 that she had experienced or that she wanted to share 20 with you? Did you ever note it — either did they 21 share — did Jane Doe No. 7 either share it with 22 you, or did you observe something that concerned you 23 at all about ha? 24 MR. MERMEiSTEIN: Form. 25 THE WITNESS: No. Page 196 1 Q. Because she didn't tell you anything. 2 A. Correct. 3 .Q. Okay. And I think she, is she the one, 4 the one that you fought over the boyfriend? 5 A. No, it's Jane Doe No. 2. 6 Q. Okay. That's Jane Doe No. 2. Okay. 7 and you arc still acquaintances? 8 A. Yes. 9 Q. Okay. And and Jane Doe No. 2, she 10 never said that anything inappropriate happened with 11 Mr. Epstein, nor did she express any anger with you, 12 correct? 13 A. Correct. 14 Q. Okay. And w ng you had wax 15 over, what's nam ' 16 A. 17 O. it is that correct? 18 A. Yes. 19 Q. All right. Did you know let me talk to 20 you about Jane Doe No. 7 just a little bit. Did you 21 know— what did you know about — so you had been 22 around Jane Doe No. 7 for about a year or two before 23 you first went to Mr. Epstein's. Did you ever know 24 any of her boyfriends? 25 A. No. Page 195 1 BY Mgt. CANTON: 2 Q. How about Jane Doe No. 2, did she ever 3 express any emotional trauma or concerns or 4 psychological types of issues to you — 5 MR. MERMEISTEIN: Form. 6 BY MR. CRTTTON: 7 Q. — as a result of being at Mr. Epstein's? 8 MR. ME:RINEISTEIN: Form. 9 THE WITNESS: No. 10 BY MR. CRITTON: 11 Q. Okay. Did she ever tell you — well, let 12 me strike that. 13 Did Jane Doe No. 2, after she went to 14 Mr. Epstein's, did she ever say anything to you? 15 A. No. 16 Q. Okay. Did 17 A. No. 18 Q. Okay. So atter t went to 19 Mr. Epstein's, she never — after you took her 20 there, she never said anything to you about what had 21 happened or what had occurred? 22 A. Correct 23 Q. Okay. She never told you anything 24 inappropriate occurred. 25 A. Correct. Page 197 3. Q. Jane Doe No. 7, was she your age? 2 A. Older. 3 Q. And did she, did Jane Doe No. 7 ever -- 4 were you, did you do — well, let me start again. 5 What was Jane Doe No. 7's, what was, were 6 her interests in school well, strike that. 7 That's a bad question, too. 8 Were you both from the same school? 9 A. Yes. 10 Q. Okay 11 A. Yes. 12 Q. All right, And was she popular in school? 13 A. Yes. 14 Q. I guess it's in the eyes of the beholder, 15 but you would have considered to be a popular 16 person? 17 A. Would I? 18 Q. Have considered Jane Doe NO. 7 to be like 19 a popular person. 20 A. Yes. 21 Q. Okay. Very social? 22 A. Yes. 23 Q. Okay. And this would have been both 24 before and after she saw Mr. Epstein? 25 A. Yes. ed4O,,,E• Ra Aaa.ba+40/n` mocuaMoa.ara .a gsx.r—a4.1n.Go.v.-..w.rsv.,zso3+r..a5. 5 (Pages 194 to 197) PROSE COURT REPORTING AGENCY, INC. Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins Electronically signed by cynthia hopkins da88ed07-Occe-acia-95e1-d4d2leb3cfn EFTA01104170