UNITED STATES DISTRICT COURT

Page 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 DEPOSITION OF DETECTIVE JOSEPH RECAREY Friday, March 19, 2010 9:37 - 5:12 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.: 1509 PROSE COURT REPORTING AGENCY, INC. EFTA00298259 EFTA00298260 Page 2 1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE No.502008CA0373150000TMB AB 3 5 6 7 B.B. 8Plaintiff, -vs- VOWME 1 OF11 ~SI Defendants. 9 10 11 12 DEPOSMON OF DETECTIVE JOSEPH RECAREY 13 14 15 16 17 18 19 20 21 22 Friday, March 19, 2010 937- 5:12 pm. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Ilepldns, RPR, FPR 23 Notary Public, State of Florida Prose Reporting 24 ØQØ 509 25 1 APPEARANCES 2 On behalf or Ole Plaintiffs, BE, CL: 3 SPENCER T. KUVIN, ESQUIRE LEOPOLD KUVIN 2925 PGA Boulevard State 200 5 Palm Beach Gardens, Florida 33410 Phone: 6 On behalf of the Plaint", L.M., SW. and Jane Doe: e 9 BRADLEY J. EDWARDS. ESQUIRE FARMER. LOW, WEISSRM. EDWARDS 10 195 Kra & LEHRMAN, P.L 425 North Andrews Avenue 11 Suite 2 Fort Lauderdale, Florida 33301 12 Mom' 13 On lzhalf Ø6h8: 14 JESSICA ARBOUR, ESQUIRE MERMELSIEN 8cHOROWITZ,P.A. 25 18205 Biscayne Boulevard Suite 2218 16 Miami, Florida 33160 Plasm. 17 E-mail: 18 0815~0 o K i , 488 103: 19 20 KATHERJHE W. EZELL ESQUIRE PODHURST ORSECK 21 25 West Elegier Street Suil4 800 22 Minne- FØ 33130 Ph 23 onc~ <Via 24 25 Page 3 1 2 3 UNTIED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-80309 4 5 JANE DOE NO. 103, 6 Plaintiff, 7 -vs- VOLUME I OF R 8 JEFFREY EPSTEIN, 9 Defendant. 10 11 12 13 14 15 16 17 18 19 20 21 22 I DEPOSITION OF DETECTIVE JOSEPH RECAREY Friday, March 19, 2010 9:37 - 5:12 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Hopkins, RPR, FPR 23 Notary Public, State of Florida Parse Court Reporting 24 fob No.: 1509 25 1 Apecaianoes (*mimed 2 On behalf of the Ptainttffs: 3 ISIDRO MANUEL GARCIA, ESQUIRE GARCIA, ELKINS & LIOEBRINOER 224 Datura Awnuc, Sub< 900 W491 him Beach, Florida 33401 5 !tone 6 and 7 TARA A. FINNIGA/4, ESQUIRE TARA A. FINNTOAN, P.A. a 224 Datum Street Suite 900 9 West Min Buck Florida 3340) Phone' 10 11 12 On behalf of the Defendant, Jeffrey Egleix MICHAEL PIKE, ESQUIRE BURMAN, LØN, LUTITER & COLEMAN. LLP 13 303 Banyan Boulevard SUN 400 14 West Palm Beach. florid' 33401 Phone 15 16 and 17 JAC* ALAN GOLDBERGER., ESQUIRE ATTERBURY, GOLDB/eRGF.R & WEISS, P.A 18 250 Australian Avenue South Suite 1400 19 West Patin Eked\ Florida 334014012 Phone: 20 21 22 and MILTON G. WEINBERG, ESQUIRE LAW OFFICE OP MILTON G WEINBERG 23 10 Park Plata Suite 1000, 24 Bost" Map:schwa 02116 Phon 25 2 (Pages 2 to 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298261 Page 6 Page 8 5 6 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PLAINTIFFS EX. 1 23 AFFIDAVIT PLAINTIFFS EX. 2 24 PLAINTIFF'S EX 3 25 PLAINTIFFS EX 4 Appearances continued... 2 On behalf of the Witness: 3 JOANNE M. O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSON & STUBBS, PA 4 505 South Flagler Drive, Suite 1100 : West t ida 33401 Phone Also Present: Jeffrey Epstein INDEX EXAMINATION DIRECT CROSS REDIRECT DETECTIVE JOSEPH RECAREY MR. KUVIN 9 BY MR. EDWARDS 242 EXHIBITS EXHIBIT DESCRIPTION PAGE PROBABLE CAUSE 15 INCIDENT REPORT 23 INCIDENT REPORT 45 PROPERTY RECEIPTS 126 1 PROCEEDINGS 2 MR. KUVIN: Just so we're clear with 3 respect to the deposition, I understand that 4 Mr. Epstein has three attorneys here today but 5 only one of them, pursuant to the Rules, is 6 going to be permitted to object to questions. 7 So I just wanted a designation as to which 8 attorney is going to be objecting to questions. 9 MR. PIKE: I will be objecting and 10 Mr. Weinberg will probably be asking questions. 11 I don't — 1 2 MR. KUVIN: I have no problem - 13 MR. PIKE: Do you have any objection with 14 that? 15 MR. KUVIN: I have absolutely no problem 16 if you want to switch it up as to who is 17 objecting and who is asking questions. That's 18 not a problem. I just don't want to get three 19 set of objections. 20 MR. PIKE: twill be the main on the 21 objections and Mr. Weinberg will be taking, 22 asking the questions. 23 MR. GOLDBERGER: Do we have to tag each 24 other? 25 MR. KUVIN: No. I would prefer you 2 MERITS CONTINUED_ MINT DESCRIPTION PAGE nAmmnsEcaAnwnnvmximn 127 PLAINTIFFS EC 5 SUPPLEMENT FOR own 151 OP CUSTODY LOG PLAINEFFS EC 6 PAGE FROM MESSAGE PAD 196 PLAINTIFFS ER 7 Moue MESSAGE 204 PIA/MPS EX 8 PHONE MESSAGE 205 PLAINTIFFS DC 9 PHONE MESSAGE 208 PLAINTIFFS DC 10 PHONE MESSAGE 209 PLAINTUTS EX 11 PHONE MESSAGE 210 PLAINTIFFS EC 12 PHONE MESSAGE 212 4 PLAINTIFFS EC 13 PHONE MESSAGE 213 PLAINTEFFS DC 14 PHONE MESSAGE 215 10 PLAINTIFFS Et. 15 PHONE MESSAGE 215 PLAINTIFF'S DC 16 PHONE MESSAGE 217 11 PLAINTIFFS DC 17 PHONE MESSAGE 219 PLAINTIFFS DC 18 PHONE MESSAGE 220 12 PLMNTIFFS DC. 19 PHOLE MESSAGE 221 PLAINTIFFS DC 20 PHONE MESSAGE 222 13 PLAINTIFF'S DC 21 PHONE MESSAGE 223 PLAINTIFFS EX. 22 PHONE MESSAGE 225 14 PLAINTIFFS Et 23 AND 24 PHOTOS 227 15 PlAINTIFFS EX. 26MS. 240 PLAIN EC 25 PH E 230 CELLPHONE LOG 16 pLAEMPFS EX. 27 LEITER DATED JULY 24, 241 2006 17 PLAINTIFFS DC 28 INTELLIGENCE REPORT 243 DATED 112804 18 19 20 21 22 23 24 25 Page 7 Page 9 1 wouldn't talk at all, but we'll deal with that 2 later. 3 (A discussion was held off the 4 record.) 5 Thereupon, 6 (DETECTIVE JOSEPH RECAREY) 7 Having been first duly sworn or affirmed, was 8 examined and testified as follows: 9 THE WITNESS: I do. 10 DIRECT EXAMINATION 11 MR. KUVIN: All right. Just as a 12 stipulation on the record so that we have it 3 all clear, what we have discussed prior to 14 starting the deposition is, is that since we're 15 discussing girls which were under the age of 16 18, minors at the time of the incidents 17 involved in this case, we're going to be using 18 their names as previously agreed to in all the 19 other depositions in the case pursuant to court 20 order. 21 The names will be used in the 22 deposition, but they will not be used in 23 the official transcript. There will be a 24 key at the end of the transcript which 25 will be sealed and confidential onl for 3 (Pages 6 to 9) PROSE COURT REPORTING AGENCY, INC. EFTA00298262 Page 10 1 the eyes only of the attorneys involved in 2 this litigation. 3 Therefore, Detective Recarey should 4 feel free to discuss names with the 5 understanding that those names shall not 6 be made public outside the lawsuits that 7 are currently pending in both state and B federal court. But that way hopefully it 9 will avoid confusion and I just want to 10 make sure we get agreement from all 11 counsel sitting around the table that that 12 is the understanding. And if there is any 13 clarification on that issue, please let us 14 know. 15 MR. PIKE: Agreed. 16 MR. EDWARDS: Agreed. 17 MR. GARCIA: Agreed. 18 MS. ARBOUR: Agreed. 19 MR. KUVIN: Katherine, agreed? 20 MS. P7RII • Yes, I am here. 21 MR. KUVIN: Did you hear my stipulation? 22 MS. P7Pli : Yes. 23 MR. KUVIN: Do you agree with that? 24. MS. WPM: Yes. 25 MR. KUVIN: Okay. 'just wanted to make Page 12 1 Q. All right. We're going to be talking to 2 you today about incidents that occurred back in 3 roughly 2005,'6, and 7. During that period of 4 time were you a detective? 5 A. Yes. 6 Q. Okay. All right. And lets just 7 summarize briefly what you're going to talk about 8 first and then we'll get down into the details of 9 it. 10 Did you have occasion to begin an 11 investigation with respect to a gentleman by the 12 name of Jeffrey Epstein? 13 A. Yes, I did. 14 Q. And when did that investigation begin 15 roughly? 16 A. That case was assigned to me on September. ] 17 believe, of 2005. 18 Q. And what were you assigned to investigate? 19 A. There was an allegation of an underaged female 20 that had went to the home of Mr. Epstein and was asked 21 to perform a massage at which time it became sexual in 22 nature and she was paid for her services. 23 Q. All right. 24 MR. PIKE: fin going to object to fomi as 25 speculation and hearsay and move to strike. Page 11 1 it clear. 2 MS. EZELL: Thank you. 3 BY MR KUVIN: 4 Q. Why don't you give us your full name, if 5 you would, please. 6 A. Joseph Recarey. 7 Q. Detective Recarey, could you please tell 8 us what you do fora living. 9 A. I am a detective with the Town of Palm Beach 10 Police Department. 11 Q. How long have you been a detective for the 12 Town of Palm Beach? 13 A. Approximately 15 years. 14 Q. And what is your exact title there for the 15 Town of Palm Beach? 16 A. Detective or a police officer. 17 Q. Do you work in a particular unit? 18 A. The — currently assigned to the Organized 19 Crime/Vice and Narcotics. 20 Q. How long have you been assigned to that 21 unit? 22 A. Approximately three years. 23 Q. Okay. What did you do before that for the 24 town? 25 A. I was a general detective. 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 13 BY MR. KUViN: Q. With respect to the investigation that you performed, how long roughly did that investigation last? in other words what period of time are we looking at here from beginning to end? And if it helps you, I have the incident report. A. It was approximately, I believe, a year. Q. Okay. Could you summarize for us generally, and like 1 said we'll get into details by going through it, but generally what did you do during the investigation? MR. PIKE: Form. THE WITNESS: Conducted interviews, executed a search warrant, issued subpoenas. continued with interviews. BY MR. KUVIN: Q. When you did the interviews, are we talking about any interviews with Mr. Epstein? A. No, there was no interviews with Mr. Epstein. Q. Did he ever agree to talk to you? A. Originally when I was speaking with attorney Guy Fronstin, there was a mention that he would be available for an interview. However, that never came to be. Q. Why not? 4 (Pages 10 to 13) PROSE COURT REPORTING AGENCY, INC. EFTA00298263 Page 14 Page 16 1 MR. PIKE: Same objection. 1 with either In Mend who were 2 THE WITNESS: It was discussed that he 2 minors at the time of the incidents that 3 would not appear to, for any interview. 3 occurred. 4 BY MR. KUVIN: 4 MR. PIKE: Move to strike. 5 Q. All right. Eventually a probable cause 5 BY MR. ICUVIN: 6 affidavit was filled out in and around May of 2006; 6 Q. Did you feel there was sufficient possible 7 is that coned? 7 cause to charge Mr. Epstein at that time and if so 8 A. Correct. 8 with what? 9 Q. And what was the basis of the probable 9 MR. PIKE: Font 10 cause affidavit if you could summarize for it for 10 NE WITNESS: Yes, I did, and it was with 11 us? What were — what did you find after doing your 11 four counts of Unlawful Sexual Activity with a 12 investigation? 12 Minor, and one count of Lewd and Lascivious 13 13 Molestation. MR. PIKE: Form. 14 THE WITNESS: There were several victims 14 BY MR. KUVIN: 15 that had been interviewed based on their age, 15 Q. All right. The lewd and lascivious 16 the acts that occurred at the residence. There 16 molestation charge, could you explain that a little 17 was enough probable cause to request a warrant 17 more as well? 18 for Mr. Epstein. 18 MR. PUCE: Form. 19 BY MR. KUVIN: 19 THE WITNESS: The victim, that was the 20 Q. All right. And for those that might not 20 initial victim that came forward, it was a 21 understand, a warrant means what? 21 14-year-old minor at the time of the incident. 22 A. An arrest warrant. 22 She had gone to the house. This was the 23 MR. KUVIN: Okay. I would like to show 23 initial report that was taken by Officer Pagan. 24 you what we'll mark as Exhibit 1. Why don't 24 14 at the time. Was brought over to perform a 25 you give me a shed 25 massage. The incident turned into a, sexual in Page 15 Page 17 1 (Plaintiffs Exhibit No. 1 was marked for 1 nature, and it was at the time she was paid for 2 identification.) 2 her services and left. 3 BY MR. KUVIN: 3 MR. PIKE: Move to strike. 4 Q. All right. What we have marked as 4 MR. KUVIN: 5 Exhibit 1, is that the probable cause affidavit that 5 Q. Okay. Now, this personM,col ou come 6 you filled out with respect to Mr. Epstein? 6 to learn that her name at the time was 7 A. Correct. 7 A. Yes, I did. 8 Q. And does your signature appear on each and 8 Q. All right And according to the 9 every page of this probable cause affidavit? 9 information you had, she was how old at the time 10 A. Correct. 10 that she came over to Mr. Epstein's house for the 11 Q. And is that your signature at the bottom 11 sexual contact? 12 left corner? 12 MR. PIKE: Form. 13 A. Yes, bottom right 13 THE WITNESS: Fourteen. 14 15 Q. Bottom right. I apologize. All right: Let's go to, if we could, 14 15 BY MR. KUVIN: Q. All right Was she the youngest that you 16 Page 22 of 22. And the last paragraph, could you 16. were able to determine came to Mr. Epstein's home 17 explain to us the conclusions in the probable cause 17 during your investigation? 18 affidavit and exactly what Mr. Epstein was being 18 A. Coned. 19 arrested for at the time? 19 MR. PIKE: Form. 20. MR. PUCE: Form. 20 BY MR. KUVIN: 21 THE WITNESS: Based on the interviews 21 Q. All right. With respect to the others, 22 conducted, it was determined that Mr. Epstein, 22 justso we have it on the record and we're clear,. 23 who at the time of the incident was 23 would have been whom? 24 approximately 51 years of age, did have vaginal 24 A. Jane Doe No. 103. 25 intercourse either with his penis or 25 5 (Pages 14 to 1 7) • PROSE COURT REPORTING AGENCY, INC.' EFTA00298264 Page 18 1 A. Jane Doe No. 2. 2 MR. PIKE: I am going to object to form 3 through these series of questions so we don't 4 have to keep repeating with regard to the 5 information. 6 MR. KUVTN: Yeah, well, I want to make 7 sure I understand what is the form objection. 8 MR. PIKE: Your, your questions are 9 relating back to opinion and hearsay evidence 10 and the investigation. So, actually just go 11 ahead and I will put it on the record. Go 12 ahead. 13 MR. KINN: All right. I just wanted to 14 make sure I knew because I wanted to fix them 15 if there was something that I could do to fix 16 them. 17 MR. PIKE: I don't think you can unless 18 you want to start the depo over. 19 MR. ICUV1N: No, but I can start from now. 20 MR. PIKE: Let's go. 21 BY MR. KUVIN: 22 Q. All right. During your investigation did 23 you identify who III was, and if so who? 24 MR. PIKE: Form. 25 THE WITNESS: Yes, I did. I identified Page 20 1 A. So many things occurred with the State 2 Attorneys Office. Originally it was determined that it 3 was going to.be a grand jury. 4 Q. Okay. 5 A. And then the case was going to be presented to 6 the grand jury. That was later retracted and they 7 wanted a probable cause affidavit 8 Q. Okay. 9 A. I submitted the probable cause affidavit 10 Shortly thereafter I was told we're going back to the 11 grand jury. 12 Q. Okay. Well, let me ask you this: After 13 the probable cause affidavit was issued, did you 14 institute the search of the home at that point or 15 you institute the search of the home before the 16 davit was — 17 A. Prior, prior to theMaffidavit. 18 Q. Okay. All right. Let's go back. Why 19 don't you give us, if you would, briefly your 20 training and experience as an officer. Just start 21 with, you know, where you went to the academy and 22 where you started working and then kind of work us 23 through to when you got your job at Palm Beach 24 County or Palm Beach. 25 A. I went to the police academy back in 1990 -- Page 19 S 2 BY MR. KUVIN: Q. CA is who? 3 : Same objection. 6 BY MR. KUVIN: 7 Q. Okay. Now, these girls that you 8 identified in your probable cause affidavit here at 9 the conclusion, did you find that all of these girls 10 were under the age of 18 at the time they went to 1.1 Mr. Epstein's home? 12 MR. PIKE: Form. 13 THE WITNESS: Correct. 14 BY MR. KUVIN: 15 Q. And how old were they? 16 A. They were approximately 16, 15, 16 and/or up 17 to 17 years of age. 18 MR. PIKE: Form. 19 BY MR. KUVIN: 20 Q. Okay. All right: Do you recall how old 21 C.L. was? 22 A. I believe she was 16. 23 Q. After filling out and signing the probably 24 cause affidavit, could you explain to us what 25 reared next? 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 21 Q. Okay. A. -- down here in Palm Beach County. I was hired by Palm Beach in 1991 where 1 did three years on the, as a patrol officer. Q. Okay. A. I was transferred then to the detective bureau. Q. Roughly when? A. '94. Q. Okay. A. From the detective bureau, I went to the Organized Crime/Vice and Narcotics Unit where I spent about five, six years. Q. When did you get into that unit roughly? A. Q. A. Q. A. Q. A. Q. . A. 2006. I would say *96, '95, '96. Okay. And you spent how long there? About roughly five to six years. All right. Then where did you go? Back to the detective bureau. So we're looking at like 2000 and 2001? Correct All right I was there for up to 2006, I believe, 2000 -- Okay. And then in 2006? 6 (Pages 18 to 21) PROSE COURT REPORTING AGENCY.,. INC.. EFTA00298265 Page 2._ 1 A. They created another, a unit from the 2 Organized Crime/Vice and Narcotics Unit. Made it 3 special investigations. Went over to there where Pm -- it was renamed back to the Organized Crime/Vice and 5 Narcotics. Q. Okay. A. That's basically what we would operate on. 8 Q. Gotcha. And you've been in that unit 9 since then to the present day? 10 A. Correct 11 Q. Okay. Have you ever worked in any other 12 department? 13 A. I worked for the State Attorney's Office as a 14 process server for five years. 15 Q. Okay. And that was before going to the 16 academy in 1990? 17 A. Correct. 18 Q. Okay. High school graduate? 19 A. Correct. 20 Q. Any secondary schooling, college? 21 A. College credits and specialized training with 22 the police department. 23 Q. Okay. Did you get an AA in college or no? 24 A. No. 25 Q. Okay. Where did you get your college Page 24 1. Department Incident Report which appears to be 2 numbered, thankfully, and consists of 87 pages plus 3 one. It looks like there is 87 consecutively 4 numbered pages and then a single page again numbered 5 as Page I, just for the record. 6 All right. First of all, do you 7 recognize what we have marked as Exhibit 2? 8 A. Yes, !do. 9 Q. And could you describe for us what that 10 is? 11 A. It is the Palm Beach Police Department's 12 Incident Report. 13 Q. AM right. When this investigation first 14 began, were your, were you the first one that was 15 contacted regarding potential allegations against 16 Mr. Epstein? 17 MR. PIKE: Form. 18 THE WITNESS: No, I was not. 19 BY MR. KLIVIN: 20 Q. Who was the first one that was actually 21 contacted, and could you explain to us if you NNW IL. 22 how they were contacted? 23 A. It was Officer Michele Pagan. 24 Q. Okay. And do you blow as you sit her: 25 today under what circumstances she was contacted? 1 credits? 2 A. PBCC. 3 Q. Are you from here locally, Palm Beach? 4 A. No. 5 Q. Where from? 6 A. New York City. 7 Q. When did you come down here? 8 A. 1980. 9 Q. Okay. All right Let's walk through kind 10 of chronologically what occurred in this particular 11 case. And just so that it's easier for you, let me 12 give you the incident report. What I will do is I 13 am going to ask you questions. 14 If you need to refresh your 15 recollection at any point with the incident report, 16 just let us know that you're using it to refresh 17 your recollection which is fine. I just want to 17 18 make sure that we can distinguish between what you 18 19 may recall indepcudendy versus what you may be 19 20 using to refresh your recollection. 20 21 (Plaintiffs Exhibit No. 2 was marked for 21 22 identification.) 22 23 BY MR. KUVIN: 23 24 Q. All right. I'm going to give what you we 24 25 have marked as Exhibit 2 as the Palm Beach Police 25 Page 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page 25 A. I believe it was telephonicalliiitelephone. Q. Okay. Was she contacted by herself or her parents, do you remember? MR. PIKE: Form. THE WITNESS: I totally believe it was the step-mother that called her. BY MR.. KUVIN: Q. Okay. When Ms. Pagan took down that inforMation, how soon after were you actually brought into the investigation? A. I believe she took the report in March, and I took, I took possession of the case in September. Q. Do you know why the break in time between March and September when you actually get it? In other words do you know why you got the case some months later? A. She was transferred to patrol. Q. Okay. So, Ms. Pagan was originally investigating this case — A. Correct. Q. -- until she got transferred to patrol? A. Yes. Q. Did her transfer to patrol have anything to do with this case? A. No. .7crodrol.16 7 (Pages 22 to 2 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298266 Page 26 Page 28 1 Q. Okay. When you take over the 2 investigation in September — and just so we're 3 clear we're talking about September of 2005? 4 A. Correct. 5 Q. When you take over that case, do you take 6 any particular action to bring yourself up to speed 7 on what's going on? 8 A. I reviewed her reports and listened to the 9 interviews and what she had already evidentiary -wise. 10 Q. Okay. Let's go to, if you would, Page 22 11 of the incident report. Just so we can make sure 12 that we have an accurate chronology here, it appears 13 right in the middle of the page we have got the date 14 of September 8, 2005. And it states: I reviewed 15 the case notes of this file as the case will be 16 turned over to Detective Recarey. Do you see that? 17 A. Yes, I do. 18 Q. Was that roughly the dale that the 19 investigation was turned over to you? 20 A. No. It was turned over officially I think the 21 19th. 22 Q. Okay. And we see that in Narrative 2 at 23 the bottom of the same page? 24 A. Correct 25 Q. All right. And the first entry there says 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the investigation early on -- MR. KUVIN: Okay. THE WITNESS: — as bringing ill BY MR. KUVIN: Q Okay. Any other minors that you can recall came up at that point; in other words the point between when Ms. Pagan starts the investigation until when you take it over? MR. PIKE: Object to the fonn. THE WITNESS: No, not that I can recall. BY MR. KUVIN: Q. Okay. Where is Ms. Pagan today? Is she here locally? A. Yes, she's still with the police department. She rides the bicycle. Q. Okay. If you would, can you turn to Page 17 for me of the Incident Report. Towards the bottom, third paragraph from the bottom, it tefetwces a cross-reference of Epstein's residence. Do you see that? A. Uh-huh. Q. What was the residence that you found for Mr. Epstein, the address, the physical address? A. 358 El Brillo. Q. Palm Beach Island? 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 27 on September 19, 2005, you met with Officer Pagan and received the information pertaining to the case? A. Correct. Q. All right. When you received that information, is it safe to assume that you reviewed the investigation materials that Michelle Pagan had collected up until that date? A. Yes, I believe so. Q. Okay. At this point in time do you know bow many potential victims there were of Mr. Epstein? MR. PIKE: Form. THE WITNESS: No, we didn't know the octant of how many victims at that point. BY MR. KUVIN: Q. All right. We 'mow that step-mother had called in and there as an investigation regarding her. Were there any other minors at that point that had come into the investigation? MR. PIKE: Fonts. WITNESS: We knew of a girl by name of MR. KUVIN: Okay. THE WITNESS: That her name had come up in 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 29 A. Correct. Q. Okay. And it states there that a cross-reference of that address revealed certain affiliated names. Could you give us those names? MR. PIKE: I am sorry, Counsel, what paragraph? MR. KUVIN: Third from the bottom starting with the cross-reference. MR. PIKE: Appreciate it. MR. KUVIN: S TILE WITNESS Mark Epstein, and Ghislaine Maxwell. BY MR. KINN: Q. Okay. How is it those affiliated names came up? In other words what database were you looking at to reference those names? A. If she cross-referenced it, she used the Town of Palm Beach CAD system. Q. And just for those that may not know, what is the CAD system? A. The CAD system is basically if someone is, is we had a 911 hangup or an slant) call or any kind of incident that accrues within the Town of Palm Beach, when the officer responds and they encounter someone at the home, whatever the reason, whether it be a false 8 (Pages 26 to 29) PROSE COURT REPORTING AGENCY, INC. EFTA00298267 Page 30 1 alarm, 911 hangup, you get their information. That 2 information gets put into the CAD system as to who, who 3 the officer encountered on that property. 4 Q. Okay. Is it regular practice for you as a 5 detective when taking over a file from another 6 detective to review all the materials that they have 7 put together? B A. Yes. 9 Q. All right. And are these records 10 contained within the Palm Beach Police Department? 11 In other words are these the regular business 12 records of the department -- 13 A. Yes. 14 Q. -- the information contained within the 15 investigation that Ms. Pagan had put together? 16 A. It is no longer in the department if that's 17 what you're asking. 18 Q. No, I mean at the time, when you take over 19 sometime in September. 20 A. Yes, correct. It would be. 21 Q. Okay. 22 A. It would be. 23 Q. All the information is contained within 24 the Town of Palm Beach investigative unit? 25 A. Correct. 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 point during the massage Mr. Epstein - this is all off recollection by the way. MR. KUVIN: If you want to use the incident report, what we're referring to would be on Pages 11 through roughly 15 of the incident report — MR. PIKE: Just -- MR. KUVIN: — if you need it to help refresh your recollection. MR. PIKE: Just so the record is clear, we're still on the one question. There is a form objection on the same answer. THE WITNESS: It was — I haven't found exactly where she goes into the story, however I know — MR. KUVIN: I think ifs at Page 14. THE WITNESS: — where there was some touching involved, and Mr. Epstein then, I believe, introduced a massager. BY MR. KUVIN: Q. A vibrator? A. Correct. Q. Okay. Was she asked to take her clothes off according to what she told the police department? Page 31 1 Q. I understand. Now, it's obviously not 2 public at that point. You're keeping the 3 investigation private? 4 A. Correct 5 Q. But nonetheless all those documents that 6 you would have reviewed front Ms. Pagan would have 7 been business records of the police department at 8 the time? 9 A. Correct. 10 Q. I understand. Now, when you reviewed this 11 information from Detective Pagan, could you walk us 12 through exactly what■ had explained occurred to 13 her? 14 MR. PIKE: Form. 15 THE WITNESS: She was taken to 16 Mr. Epstein's house for the purpose of making 17 money, providing a massage. 18 MR. KUVIN: Okay. 19 THE WITNESS: Once she got there, she was 20 taken upstairs to the bedroom area At that 21 time what my understanding was is they were 22 taken to the bedroom area through the stairwell 23 where Mr. Epstein was awaiting to do a massage. 24 MR.. KUVIN: Okay. 25 THE WITNESS: The massage began. At some 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 MR. PIKE: Font THE WITNESS: Yes. BY MR. KUVIN: Q. And how old was she at the time? MR. PIKE: Form. THE WITNESS: Fourteen. BY MR.. KUVIN: Q. Was there an investigation as to howl. actually was taken to the home? In other words did you determine who took her there? A. Correct Q. Who was that? A. BY MR. KUVIN: Q. Did Ms. Pagan interview Ms. MI? A. No, she did not. Q. Not at this point? A. No. Q. Did you ultimately interview Ms. IM A. Yes, I did. Q. With respect to whatMxplained. I would like to walk through this if I could for a minute. MR. PIKE: What sage are vou on? 9 (Pages 30 to 33) PROSE COURT REPORTING AGENCY, INC. EFTA00298268 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 MR. KUVIN: Fourteen. BY MR. KUVIN: Q. Was there another woman that she described in the home at Epstein's house? MR. PIKE: Form. THE WITNESS: Yes. She described a tall blonde female which I believe was BY MR. KUM: Q. Okay. And what did IIIM.10 MR. PIKE: Form. BY MR. KUVIN: Q. -- as far as what she described to you? MR. PIKE: Same objection. THE WITNESS: If I can just — I am going to-- MR. KUVIN: Yeigie a look. THE WITNESS: was the one who took her upstairs, I believe. MR. PIKE: Form. BY MR. KUVIN: Q. Upstairs in Mr. Epstein's house? MR. PIKE: Same objection. THE WITNESS: Yes. Page 36 1 THE WITNESS: He told her to remove, take 2 off her clothe's. 3 BY MR. ICUVIN: 4 Q. Okay. And she's 14 at this point? 5 MR. PIKE: Form. 6 THE WITNESS: Cared. 7 BY MR. KUVIN: 8 Q. What did explain was his demeanor, 9 Mr. Epstein's demeanor with respect to asking her to 10 take off her clothes? 11 MR. PIKE: Form. 12 THE WITNESS: I believe he was stern when 13 he instructed her to remove her clothing. 14 BY MR. KUVIN: 15 Q. What was he dressed in? 16 MR. PIKE: Form. 17 THE WITNESS: In a towel. 18 BY MR. KUVIN: 19 Q. Could you explain to us exactly what 20 Mr. Epstein supposedly instructed her to do — 21 MR. PIKE: Form. 22 BY MR. KUVIN: 23 Q. — and then what he did? 24 MR. PIKE: Same objection. 25 THE WITNESS: He instructed her to provide Page 35 1 BY MR KUVIN: 2 Q. The same home that we described before on 3 El Brill° Way? 4 MR. PIKE: Form. 3 THE WITNESS: Yes. 6 BY MR. KUVIN: 7 Q. All right. Let's walk through some of 8 this. When she gets upstairs, the woman leaves the 9 room? 10 MR. PIKE: Form. 11 . THE WITNESS: Correct. 12 BY MR. KUVIN: 13 Q. Okay. At that point does she tell you 14 that Mr. Epstein comes in? 15 MR. PIKE Form. 16 THE WITNESS: This is what she's informing 17 Officer Pagan. 18. BY MR. ICUV1N: 19 Q. Pagan, yes? 20 • A. Yes. 21 MR. PIKE: Same objection. 22 BY MR. KUV1N: 23 Q. All right. And what does Mr. Epstein do 24 at that point according to what El explained? 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 a massage pointing to the specific lotion for her to use. He laid on the table face down. As she was providing the massage, he asked her to get onto his back. She straddled herself along his back and advised that her exposed buttocks was touching his bare buttocks. MR. PIKE: Form, move to strike. BY MR. KUVIN: Q. What happened next? MR. PIKE: Form. THE WITNESS: He turned over onto his back and was masturbating. BY MR. KUVIN: Q. Okay. Did he masturbate to conclusion according to her? MR. PIKE: Form. THE WITNESS: It doesn't state in the Mort. BY MR. KUVIN: Q. Okay. Did describe what her reaction was to what was occurring at this point? MR KUVIN: Form. THE WITNESS: She was disgusted by his actions but didn't say anything. 10 (Pages 34 to 37) PROSE COURT REPORTING AGENCY, INC. EFTA00298269 Page 38 Page 40 1 BY MR. KUVIN: 2 Q. Okay. Was Ms.■ able to describe the 3 home? 4 MR. PIKE: Form. 5 THE WITNESS: Correct, she did. She 6 described Epstein's house as a two-story pink 7 house with a Cadillac Escalade parked in the driveway. 9 BY MR. KUVIN: 10 Q. .Was she able to describe the inside of his 11 home? 12 MR. PIKE: Form. 13 THE WITNESS: Yes. 14 BY MR. KUVIN: 15 Q. Did your investigation uncover any reason 16 why a 14-year-old girl, other than what she 17 described for you, may know what the inside of 18 Mr. Epstein's home looked like? 19 MR. PIKE: Form. 20 THE WITNESS: I'm sorry? 21 BY MR. KUVIN: 22 Q. Did your investigation wit* any legal 23 reason why a 14-year-old girl lik would know 24 what's inside of Mr. Epstein's home ooked like 25 other than what she had described to you? 1 THE WITNESS: Yes. 2 BY MR. KUVIN: 3 Q. How did she describe it? 4 A. She stated that his, quote, wee-wee was very 5 tiny. 6 Q Okay. 7 MR. PIKE: Form, move to strike. Just so 8 the record is clear, Detective Recarey is 9 reading from a document that has been marked as 10 Exhibit-- 11 MR. KUVIN: Two. 12 MR. PIKE: Exhibit 2. 13 BY MR. KUVIN: 14 Q. Just so we can clarify for the record, 15 Detective, as a detective for the department, do you 16 regularly rely upon reports that are taken down by 17 other detectives in the department? 18 A. Yes. 19 Q. Do you regularly trust other officers to 20 take down certain reports with respect to an 21 investigation? 22 • A. Correct. 23 Q. And is that part of the regular practice 24 of an investigating detective, in other words to 25 refer to reports that are taken down by other Page 39 1 MR. PUCE: Form. 2 THE WITNESS: No. 3 BY MR. KUVIN: 4 Q. If we go onto Page 15 of the incident 5 report, does she describe fairly — well, you 6 explain to me what detail she described with respect 7 to the interior of the home. Was it detailed? Was 8 it vague? How would you describe it? 9 MR. PIKE: Form and speculative. 10 THE WITNESS: When we executed the search 11 warrant, items that she had mentioned, the 12 photos lining up the stairwell were there, the 13' pink and green sofa was there, and there were 14 several photographs of naked women that was 15 there as well. 16 • BY MR. KUVIN: 17 Q. So, essentially everything she described 18 in her initial report to Detective Pagan was 19 verified when you did the search warrant videotape? 20 A. Correct. 21 MR. PUCE: Form. 22 BY MR. KUVIlt 23 Q.. All right. Dididescribe whether or 24 not she was able to see . Epstein's penis? 25 MR. PIKE: Rent 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 41 officers during the, during an investigation? A. Yes. Q. Okay. Just so we're clear, she referenced his wee-wee. Was she referring to his penis? MR. PIKE: Form. THE WITNESS: Yes. BY MR. KUVIN: Q. Okay. Was there any legal or lawful reason that you could uncover during your investigation why'. may know the size, shape, or description of Mr. ein's penis being a 14-year-old girl? MR. PIKE: Form. THE WITNESS: No. BY MR. KUVIN: Q. All right. And did lescribe to Detective Pagan whether or not she received money for this event? A. Yes, she did. MR. PIKE: Form. BY MR. KUVIN: Q. During an investigation like this when interviewing a 14-year-old, 15-year-old, any let's say girl that's under the age of 18, a minor, as ofrur investirtion, do you have to make a 11 (Pages 38 to 4 1) PROSE COURT REPORTING AGENCY, INC. EFTA00298270 Page 42 1 determination as to whether you believe a witness is 2 telling the truth or not? 3 MR. PIKE: Form. 4 THE WITNESS: Obviously when you're 5 conducting an interview, you blow, based on the 6 information gathered, you would want to verify 7 any information that she provides. So, yes, you would. 9 BY MR. KUVIN: 10 Q. Okay. Is what you are telling me that 11 when you have a witness talk to you about an event, 12 you always try to verify what they have said? 13 A. Correct. 14 Q. Okay. Is it also part of your job as a 15 detective in your training to interview a witness 16 and make an internal decision whether you think they 17 are being truthful or not nuthful based upon how 18 they tell the story, the detail in which they tell 19 it, and their reaction and other factors involved? 20 A. Obviously when she's providing, when anyone is 21 providing information and all the information gathered 22 has to be verified -- 23 Q. Okay. 24 A. -• you know, in any interview regarding any 25 case. 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 44 THE WITNESS: I cannot recall at this time whose number that was assigned to. BY MR. KUVIN: Q. Okay. There was apparently a purple item pulled from the trash pull. Do you see that? A. Yes. Q. • All right. I am hying to fmd, just so that I can tie it into the trash pull itself, if we look at Pages 1 through 19, where is it that the trash pull occurs? Does she note it here? MR. PIKE: Form. MR. KUVIN: Just so that I can have a timeline. MR. PIKE: Same objection. BY MR. KUVIN: Q. I may have it in the other document, actually. Let me ask it this way: Can you tell by looking at that investigative report when that trash pull occurred, initially, the first one? MR. PUCE: Form. THE WITNESS: No, I am looking for — it might have been after based -- ifs how the • reports are inputted. MR. KUVIN: Here it is. Hang on one second. Let's do this; this may help. As part Page 43 Q. All right. Before you were involved, did 2 the department or did Officer Pagan do a trash pull 3 of the home? 4 MR. PIKE: Form. 5 THE WITNESS: I believe so, yes. 6 BY MR. KUVIN: 7 Q. And this first trash pull occurred before 8 you got involved in the investigation? 9 A. Correct. 10 Q. All right. Let's look at Page 19. I want 11 to clarify just a couple of things that we have gone 12 over in some other depositions. 13 MR. PIKE: Form, move to strike. 14 BY MR. KUVIN: 15 Q. First of all, there was a subpoena request 16 for a T-Mobile wireless phone number. Do you see 17 that? 18 A. Correct 19 Q. All right. That number that's there in 20 the incident report, did you determine what number 21 that referenced? In other words what person that 22 number referenceci a.was it Ms. 23 Mr. Epstein, Ms. =, Ms. 24 MR. PIKE: Form. 25 MR. KUVIN: -- or someone else? Page 45 1 of a subpoena to the Palm Beach Police 2 Department, we received a copy of e-mails that 3 existed with respect to this case and 4 Mr. Epstein. 5 What I would like to mark is what 6 we'll call Exhibit 3 I think we're up to . 7 now. I knew I saw it. I was trying to 8 ' figure out where. Hang on a second. 9 BY MR. KUVIN: 10 Q. This is a e-mail from Nickie Altornaro. 11 Who was that? 12 A. She was the detective bureau secretary. 13 . MR. KUVIN: Okay. And it's indicated it 14 looks like October 17, 2005. Let me just show 15 it quickly to opposing counsel. It was in the 16 recent production by Palm Beach. 17 . (Plaintiffs Exhibit No. 3 was marked for 18 identification.) 19 BY MR. KUVIN: 20 Q. Do you mind if I look over your shoulder 21 while he looks at it. And I want to give you what 22 we have marked as Exhibit 3. This might help a 23 little bit. Can you describe for us generally what 24 this is? 25 A. This, it appears to be Officer Pagan's 12 (Pages 42 to 4 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298271 Page 46 1 incident report which was inputted by Nickie Altomaro. 2 Q. Okay. Can you describe for us the process 3 by which the information is generally taken down at 4 the department back in 2005, and how it makes it 5 into the incident report? 6 A. Nickie Altomaro was the detective bureau 7 secretary. As we update the incident report, you type 8 up your report. And at this time we were using a DOS 9 system. 10 Q. Okay. DOS as opposed to Windows based? 11 A. Yes. 12 Q. Gotcha. 13 A. And we would type up the report, forward it to 14 her either in Word Document or WordPerfect. She would 15 convert the document into a DOS format and input it into 16 the system. 17 Q. All right. If we turn to -- it looks like 18 these are in, somewhat in date order. If we turn to 19 3/21/05 which is on the eighth page. Did you get to 20 the date of 3/21/05? 21 A. Yes. 22 Q. Okay. Was surveillance instituted on 23 Mr. Epstein's home at this time? 24 A. Correa. 25 Q. All right. So we're talking March 21st, Page 48 1 Q. The well being the back of the trash 2 truck? 3 A. Correa 4 Q. Before it goes into the main bin? 5. A. Correct. 6 Q. Crotcha. Okay. 7 A. Once that area is, we're confirmed that it is 8 empty, they go onto the property, remove the trash and 9 place it into the well. We then follow it to an 10 unspecified location where we actually remove the 11 contents from the well. 12 Q. All right. Let's walk through now, 13 continue turning to the date of 4/1/05 through 14 4/3/05. You should be an additional three pages 15 down. 16 A. 4/1. 17 Q. Yes, sir. All right. If we look at 4/1 18 through 4/3/05, what was occurring on those dates? 19 MR. PIKE: Form. 20 THE WITNESS: She met with Detective 21 Mattel of the police department. 22 BY MR. KUVIN: 23 Q. Was there any additional surveillance 24 conducted? 25 A. Yes. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 2005, surveillance began at his home on El Brillo Way; is that correct? MR. PIKE: Form. THE WITNESS: Correct. BY MR. KUVIN: Q And on that exact date of 3/21/05 what else took place? MR. PIKE: Form. THE WITNESS: Officer Pagan requested and Detective Lee initiated trash pulls from 358 El Brillo. BY MR. KUVIN: Q. Can you describe to us what a trash pull is? What do you do? A. Well, you inform the supervisor of sanitation that you're interested in pulling your target's trash, you fund the location, who in turn informs the driver that you're going to be pulling the trash. Q. The driver of the trash truck? A. The driver the trash truck. Q. Ootcha. A. Once that's done, we coordinate with the trash buck driver to ensure that the well is empty prior to him going to your target location. He goes -- we follow him to the target location. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 Q. Okay. And what were the dates of the surveillance? A. It appears she met with members of the B.S.F. Unit, Burglary Strike Force is what it was, for the purpose of conducting surveillance at 358 El Brillo. Q. Okay. Now, this surveillance, was this kept by the department? A. Correct Q. Still held by the department? A. Not 100 percent certain on that. It might have gone over to the FBI. Q. Okay. We'll talk about that when we get to that point. But nonetheless before the FBI came in, all of this was kept by the department? A. Correct. Q. By your department Okay. All right If we look at the bottom of the page, what's the date that the trash pull was actually done? MR. PIKE: Form. THE WITNESS: On the bottom of the page? BY MR. KUVIN: Q. Yeah, the one we were talking about. A. I'm still looking at Exhibit 3. Q. Yep. A. So, it would be --.0.6•APODA, 13 (Pages 46 to 49) PROSE COURT REPORTING AGENCY, INC. EFTA00298272 Page 50 Q. Top of the page it starts "at times appear." A. Correct. Q. All the way at the bottom of the page, last line. A. On April 5111,2005, the trash pull was 7 conducted by Detective Lee. 3 Q. All right. And what did Detective Lee 9 fmd? 10 MR. PIKE: Form. 11 THE WITNESS: It was a message from 12 indicating, and redacted, at 11:00 a.m. or 11. 13 MR. KUVIN: Okay. 14 THE WITNESS: The following information 15 was obtained from the trash from 358 El Brillo. 16 BY MR. KUVIN: 17 Q. What additional messages w 18 A. One from Jean Luc, David, There 19 was some redacted redacted, Brit Ri n 20 is redacted, redacted, 21 a message fora receipt dated 4/4 at 1:05, 22 ith a phone number, and she's looking to 23 spe to you. 24 Q. Okay. Let's talk about this fora minute. 25 The redacting, do you know why those are redacted at 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 52 of it. But if we go back to Page 19, keep both of those documents available in case we need to refer to them. But if we go back to Page 19 of the incident report, do you see towards the bottom of the page it references a purple item retrieved from the trash pull? A. Yes. Q. Okay. This particular purple item, did Officer Pagan attempt to identify what it was? MR. PIKE: Form. THE WITNESS: Yes, she did. BY MR. KUVIN: Q. And at the point she attempted to identify it, what did she identify it as at this point back in April of '05? MR. PIKE: Form. THE WITNESS: She believed it was an anal wand of some sort. BY MR. KUVIN: Q. And how did that identification take place? A. I believe she researched it on the Internet. MR. PIKE: Form. 1 1 Page 51 1 this point? 2 MR. PIKE: Form. 3 THE WITNESS: Yes, I do. 4 BY MR. KUVIN: 5 Q. Why? 6 A. It indicates either the names or the initials 7 of the victims. 8 Q. The victims, what age were the victims? 9 MR. PIKE: Form. 10 THE WITNESS: As young as 14 to 16. 11 BY MR. KUVIN: 12 Q. Okay. So if we see a redacted portion 13 here, can we safely assume that that references one 14 of the victims? 15 MR. PIKE: Form. 16 THE WITNESS: Correct. 17 BY MR. KUVIN: 18 Q. Is there any other redactions that would 19 take place other than the names of the potential 20 victims? 21 MR. PIKE: Form. 22 THE WITNESS: Not that I am aware of 23 BY MR. KUVIN: 24 Q. All right There was a reference that I 25 had started with. I 'ust wanted to see the timi Page 1 BY MR. KUVIN: 2 Q. This particular jelly anal wand, this 3 purple item, was it later identified as something 4 different? S A. Yes, it was. 6 Q. Okay. Can you describe that for us? 7 MR. PUCE: Form. 8 THE WITNESS: It was during the execution 9 of the search warrant. During the search we 10 found that it, it was a handle of a, of a 1.4 15 6 office. 17 that I have to leave later. She works with our MR. GARCIA: There is a summary judgment MR. PIKE: For the record she works with 1 utensil used to eat. 2 (Ms. Finnigan entered the room.) 3 MR. KUVIN: We added a person. 18 SW, with Sid Garcia's office. 19 MR. GARCIA: She shares a space with me. 20 That's close enough. 21 MR. KUVIN: Let's continue with the 22 incident report. 23 MR. PIKE: Actually, no, let's not 24 Is she listed as counsel? 25 MR. GARCIA: No. She a at 14 (Pages 50 to 53) PROSE COURT REPORTING AGENCY, INC. EFTA00298273 Page 54 Page 56 1 Mr. Epstein's deposition before. 2 MR. KUVIN: Has she filed a notice of 3 appearance? 4 MR. GARCIA: No. 5 MR. KUVIN: I am going to ask her to, ask 6 to excuse her. She has not filed a notice of 7 appearance. There are confidential issues in 8 this case and there are various orders that are 9 binding on various lawyers in this case. 10 Sid, this is one of the very few 11 depositions that you have actually been in 12 attendance at, and if she has not filed a 13 notice of appearance, if she has not 14 signed any pleadings in this case, I am 15 going to ask that she leave otherwise the 16 deposition is not going to go forward. 17 MR. GARCIA: On what authority? 18 MR. PIKE: She is not counsel. She has no 19 right to be here. 20 MR. GARCIA: She's assisting me with this 21 case. She appeared at your own client's 22 deposition which you did not attend. 23 MR. PIKE: That's all well and good but 24 the fact is is that she does not have a notice 25 of appearance here in this. 1 MR. PIKE: Form. 2 THE WITNESS: Yes. Captain David Rodgers, 3 Co-captain Larry Visosld, flight engineer, 4 Larry Morrison. 5 BY MR. KUVIN: 6 Q. Okay. In this trash pull were there also 7 messages left by some of the potential victims in 8 this case? 9 A. Correct. 10 Q. All those victims being under the age of 11 18? 12 MR. PIKE: Form, and form to the last one. 13 THE WITNESS: Correct 14 BY MR. KUVIN: 15 Q. And that's why they are blacked out? 16 MR. PIKE: Form. 17 THE WITNESS: Correct. 18 BY MR. KUVIN: 19 Q. All right. Let's turn to the next page of 20 the investigation. Actually, you know what, let's 21 go to the part where you start here which would be 22 Page 22. 23 MR. PIKE: Thank you. 24 MR. KUVIN: For what? MR. PIKE: Identifying the page. Page 5T, 1 MR. GARCIA: She will file one today. 2 MR. PIKE: We're not going to go forward. 3 MR. KUVIN: I am not stopping. 4 MR. PIKE: The fact is these are 5 confidential communications. 6 MR. GARCIA: Why don't you file a notice 7 of appearance and come back. 8 MS. FINNIGAN: Okay. 9 MR. GARCIA: That will resolve it. 10 (Ms. Finnigan left the deposition 11 room.) 12 BY MR. KUVIN: 13 Q. All right Let's continue on. 14 Going to Page 20 of the incident 15 report, at some point did you gain information with 16 respect to Jet Aviation, and if so could you 17 describe what information was obtained by Officer 18 Pagan regarding Jet Aviation? 19 MR. PIKE: Form. 20 THE WITNESS: I believe it was a trash 21 pull where an itinerary was found within the 22 trash pull. 23 BY MR KUVI