UNITED STATES DISTRICT COURT

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 =actually 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 Monsen( 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: dry 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,