UNITED STATES DISTRICT COURT

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. 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 JANE DOE #7 - VOLUME I (videotaped) Monday, March 15, 2010 10:02 - 6:49 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Rachel W. Bridge, RMR, CRR Notary Public, State of Florida (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107798 EFTA01107799 Page 2 APPEARANCES: On behalf of the Plaintiffs in related eases Not 08-80069, 08-80119,08-80232, 08-80380, W40181,0IWW993,011-80994: ADAM D. HOROWITZ, ESQUIRE MERMELSTETN & HOROWITZ, P.A. 5 18205 Biscayne Boulevard Suite 2218 6 Miami, Florida 33160 Telephone: 305/931-2200 7 On behalf of the Defendant Jeffrey Epstein: 9 ROBERT D. CRITION. JR., ESQUIRE BURMAN, CIUTFON, LUTHER & COLEMAN 10 393 Banyan Boulevard Suite 400 11 West Palm Beach, Florida 33401 Telephone: 561/842-2820 12 13 14 Also Present: Sasha Quimby. videographer 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 PROCEEDINGS Deposition taken before Rachel W. Bridge, Certified Realtime Reporter and Notary Public in and for the State of Florida at Large, in the above cause. THE VIDEOGRAPHER: This is the 15th day of March, 2010. The time is 10:02 a.m. This is the videotape deposition of lane Doe #7 in the matter of' Jane Doe number two versus Epstein. This deposition is being held at 250 Australian Avenue South, West Palm Beach, Florida. My name is Sasha Quimby. Pm the videographer representing Visual Evidence, Inc. Would the attorneys please announce their appearances for the record. MR. HOROWITZ: Sure. My name is Adam Horowitz, counsel for the witness, plaintiff. MR. CARTON: Bob Critton for Jeffrey Epstein. Thereupon, (JANE DOE #7) having been first duly sworn a affirmed, was examined and testified as follows: THE WITNESS: I do. 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 INDEX WITNESS: DIRECT CROSS REDIRECT RECROSS Jane Doe 47 By Mr. Critton 5 EXHIBITS EXHIBIT Defendant's 1 Defendant's 2 Defendant's 3 Defendant's 4 Defendant's 5 Defendant's 6 Defendant's 7 Defendant's 8 Defendant's 9 PAGE 233 233 233 263 268 274 280 294 301 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DIRECT EXAMINATION BY MR. CRITTON: Q. Please tell me your hill name. A. lane Doe 7. Q. Where do you live, ma'am? A. I live in Orlando. Q. I understand that Where, give me your address, A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. now. Q. A. Page 5 Is that apartment or a home? It's an apartment,M. And with whom do you live at that apartment? I have a roommate What's I think it's How long has your mommate? She's been my roommate for about four months The last name? Have you ever given a deposition before? No, l have not. (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. 2 (Pages 2 to 5) (561) 832-7506 EFTA01107800 Page 6 1 Q. I'm confident that Mr. Horowitz, your 2 attorney, has told you about the procedure. I get to 3 ask you a lot of questions and he may have some 4 questions at the end. You understand that? 5 A. Uh huh. 6 Q. Yes? 7 A. Yes. 8 Q. You need to answer out loud, yes, nos, l don't 9 know, I don't recall, whatever your answer is. Do you 10 understand that as well? 11 A. Yes. 12 Q. Okay. If I ask you a question that you don't 13 understand, ask me to either to rephrase it or to repeat 14 it rll be happy to do that, all right? 15 A. Uh huh yes. 16 Q. All right. If you answer a question, I'm 17 going to assume that you've understood it and answered 18 it truthfully. Fair? 19 A. Yes. 20 Q. All right. Any time you want to take a break, 21 let us know. Pm okay with that unless you're in the 22 middle of a question or I'm in a series of questions 23 then I'll probably balk at it, but other than that, just 24 let us know. 25 You understand you are under oath today? Page 1 A. I guess I wasn't under oath for that. 2 Q. Do you understand the distinction between 3 being under oath and not under oath? Is that a yes? 4 A. Yes. 5 Q. Okay. What's the distinction to you? 6 A. That you have to tell the full truth. 7 Q. Okay, all right. 8 A. Actually I don't know, because I, I don't 9 remember being under oath for the medical examiner, so 13 maybe- 11 Q. So you had a medical exam by whom? 12 A. By Dr. Kilman and your medical examiner. I 13 forget his name. 14 Q. Okay. When did you see my medical examiner? 15 How long ago? 16 A. About two weeks ago. 17 Q. And you spent how long with him? 18 A. About five hours. 19 Q. And he took the history, background 20 information from you as well as you did testing, 21 correct? 22 A. Yes. 2 3 Q. And that was two weeks ago, but you don't 24 remember his name? 25 A. No. Page 7 1 A. Yes. 2 Q. And you understood when you are put under 3 oath, whether by a court reporter at a deposition or if I at a trial if this case goes to trial or by a police officer, you are required to tell the truth? A. Yes. Q. If you don't tell the truth, you may be 6 committing a crime, committing the crime of perjury. 9 Do you understand that? 10 MR. HOROWITZ: Form. 11 THE WITNESS: Yes. 12 BY MR. CRITTON: 13 Q. I'm sorry? 14 A. Yes. 15 Q. You've been put under oath before, true? 16 A. Yes. 17 Q. Okay. And you understand that you were sworn 18 to tell the truth? 19 A. Yes. 20 Q. Okay. On how many occasions have you been put 21 under oath where you have given testimony about 22 anything? 23 A. I believe I was under oath at — was that when 24 the medical examiner's, I guess it was — 25 Q. Medical examiner, who was that? Page 9 1 Q. And you called — the evaluator or the person 2 who did the examination at your attomey's request for 3 you in this case is Dr. who? 4 A. Kilman. 5 Q. Kilman, all right. How do you think you spell 6 that? 7 A. I'm guessing. 8 Q. All right. Since the time you had — and I'll 9 represent to you his real name is Kliman. 10 A. Kliman, 11 Q. That's all right. Since you did your 12 examination with him in December of '08, it wa. 13 December 5th of '08, have you had any contact with him 14 whatsoever, him being Dr. Kliman? 15 A. No, I have not. 16 Q. So with both Dr. Kliman and Dr. Hall, you 17 weren't under oath, correct, as you understand it? 18 A. No, I guess not. 19 Q. I'm sorry? 20 A. No, I guess no. 21 Q. Well, did you tell him the truth? Did you 22 tell both of than the truth? 23 A. Yes. 24 Q. All right. So even though you weren't under 25 oath, so there may not be a penalty of perjury (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. 3 (Pages 6 to 9) (561) 832-7506 EFTA01107801 Page 10 1 associated with it if you lied, it's Your testimony that 2 you told both Dr. ICIhnan and Dr. Hall the truth? 3 A. Yes. 4 Q. Okay. And during the examination that was 5 done by Dr. Hall, did you feel that you had enough time 6 to take breaks, that you had an opportunity to fully 7 explore all of the issues that you wanted to discuss 8 with him? 9 A. Yes. 10 Q All right. Did you think he was fair with you 11 and treated you with respect during the course of the 12 interview? 13 A. Yes, I did. 14 Q. Now I think you told me you've never given a 15 deposition before like we're doing here today? 16 A. Yes. 17 Q. That's correct? 18 A. Yes. 19 Q. And you've never testified in cowl, true? 20 A. Yes. 21. Q Do you understand that if in fact this case is 22 not resolved at some point, that you will be testifying 23 in court and people will know that you are lane Doe 7 in 24 court? 25 A. Yes. Page 12 1 of scared, because Mcalled me and left a voicemail 2 on my phone asking about the cops. And I just like 3 didn't know what was going on. So no, I didn't tell 4 them everything that happened. 5 Q. Okay. 6 A. And my parents were there. 7 Q. Let me move to strike as nonresponsive. 8 But let me get back to you lied to the police 9 officers when they took a, from the Town of Palm 10 Beach — strike that 11 It's your testimony now even though you know 12 that you could be penalized or that you could be found 13 guilty of perjury, it didn't bother you at all to lie to 14 police officers when they put you tinder oath back in 15 October of 2005; is that correct? 16 MR. HOROWITZ: Object to form and asked and 17 answered. 18 THE WITNESS: Yes. 19 BY MR. CRITION: 20 Q. Okay. I71 ask you to assume that the police 21 officers interviewed you from the Town of Palm Beach on 22 October 4th of 2005, all right? 23 A. 1.1h huh. 24 Q. Yes? 25 A. Yes. Page 11 1 Q. Okay. And you may no longer be Jane Doe, and 2 whether it's a newspaper or anyone who wants to do a 3 story about this case, your name may well become public; 4 do you understand that? 5 MR. HOROWITZ: Foam 6 THE WITNESS: Yes. 7 BY MR. CRITTON: 8 Q. Affright. Now at some point did you give 9 a — you met with police officers; is that correct, 10 associated with the Town of Palm Beach? 11 A. Yes. 12 Q. And did they take a statement from you? 13 A. Yes, they did. 14 Q. And I asswne you told — the police officers 15 put you under oath as well, you swore to tell the whole 16 truth, nothing but the truth, so help you God? They put 17 you under oath? 18 A. Yes. 19 Q. And you told than the truth as well, correct? 20 A. I didn't tell them the complete truth. 21 Q. You lied to the police officers; is that what 22 you're saying? 23 A. Yes. I was scared and I was about 18, and I 24 was confused. They just showed up at my house with no 25 warning, and I was just kind of in shock and I was kind 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 Q. Okay. Have you read anything through today's date that suggests to you that you lied to the police officers? That is, what have you seen that makes you remember that you lied to the police officers? A. I just remember from my own memory what I told than, that I didn't tell them everything that went on. Q. Well, you keep saying I didn't tell them everything. In essence, you lied to the police officers, correct? MR. HOROWITZ: Firm. That's the third time you asked the question. MR. CRITTON: Well, but she keeps changing the answer, so — MR. HOROWITZ: No, no, no. MR. CR1TTON: You can object to the form. MR. HOROWITZ: Bob, you are harassing her. MR. CRITTON: Fm not harassing her. She keeps saying I didn't tell them the whole thing. There is a distinction between a lie and not telling the truth. MR. HOROWITZ: She said— MR. CRITTON: I understand what she's trying to say. MR. HOROWITZ: She answered your question. (561) 832-7500 4 (Pages 10 to 13) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107802 Page 14 1 BY MR. CRITTON: 2 Q. Back to my question, ma'am. On October 4 of 3 2005 when the police officers came to interview you and 4 you did not tell them the truth, or from your S perspective the complete truth, you say you were only 18 6 at the time. 7 A. I was younger and I was confused. And my 3 parents were there and they showed up without me having 9 any knowledge that they were going to be there besides a 10 telephone call I got from my parents. 11 And I showed up and I was scared. I was 12 scared I was going to get in trouble. I was scared what 13 my parents would think. I was upset. I mean a lot of 14 things were going on then. 15 Q. Okay. You were scared what your — and 16 confused as to what your parents would think, but, but 17 you weren't too scared to not tell the police officers 18 the truth, correct? 19 A. I guess you could say that, yes. 20 Q. How else would you describe it? 21 A. Just how I did. 22 Q. All right. Okay. You were 18 at the time. 23 YOU were an adult, right? 24 A. Uh huh. 25 Q. Yes? 1 2 3 4 5 6 8 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 A. Uhhttb. Q. Yes? A. Yes, that's correct. Q. And you said — so how long did it take you to get home? A. I was about five minutes away from my house. Q. All tight. Did you tell your parents don't want to talk to them, I'm scared and confined, maybe even in shock and I'm only 18, so tell them not to come? MR. HOROWITZ: Fain. THE WITNESS: I didn't say that at all. I was, I had no idea what it was about, so I had no idea it was about the whole Jeffrey Epstein thing. BY MR. CRITTON: Q. Well, had anybody called you and told you anything about Jeffrey Epstein or that the police were interviewing individuals related to Jeffrey Epstein? MR. HOROWITZ: Form. THE WITNESS: No, besides left a voicemail, but it was I think when I already got there, she left a voicemail saying about, asking if I had, if the cops were at my place and I was talking to them and if I was going to ask them any questions. She just left me a voicemail, so — Page 15 1 A. Yes. 2 Q. And you were 18? 3 MR. HOROWITZ: Form. 4 THE WITNESS: Yes. 5 BY MR. CRITTON: 6 Q. In 2005. Were you in at the time? 7 A. I believe went to 8 is where? 9 A. It's in Orlando. 10 Q. So you were in college at the time, correct? 11 A. Yes. 12 Q. The police officers called your home? 13 A. Yes. 14 Q. And — 15 A. Well, they didn't call my home. They just 16 showed up there and my parents called me saying that 17 there were two police officers there waiting for me. 18 Q. And so you must have been home from school at 19 that time? 20 A. Yes, I was. I was on break. 21 Q. You were on break. So you had, at least your 22 parents called you and said there's two police officers 23 here from the Town of Palm Beach? 24 A. Yes. 25 Q. And they want to talk to you? 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 17 BY MR. CRITTON: Q. What about Jane Doe 4, hadn't you talked to Jane Doe 4, because she had been interviewed by the police officers, hadn't she? A. I don't think she was imerviewed before me. Q. You think your interview preceded or was before hoe Doe 4? MR. HOROWITZ: Form. THE WITNESS: I can't remember exactly, but I think so, yes. BY MR. CRITTON: Q. So you show up, you are 18, you are an adult. You can choose to either talk to the police or not, correct? A. Uh huh. Q. Yes? A. Yes. MR. HOROWITZ: Form BY MR. CRITTON: Q. All right. The confusion from your perspective was you didn't know why the police were there? MR. HOROWITZ: Form. BY MR. CRITTON: Q. Right? Otb:0•4•46AMMOaimatoemeaxtet....of (561) 832-7500 5 (Pages 14 to 17) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107803 Page 18 1 A. Yes. 2 Q. All right. You may have been scared 3 originally, why are the police at my home? 4 A. (Witness nods head up and down.) 5 Q. All right, I understand that. So you come 6 in. There are two police officers. Males, or one male, 7 one female? 8 A. There are two males. 9 Q. They introduce themselves? 10 A. Yes. 11 Q. And what did they say they wanted to talk — 12 let me strike that. 13 Did you speak to the two officers together or 14 were your parents right there with you? 15 A. My parents were there when they were there and 16 I was there. 17 Q. So did you all sit down in the living room? 18 A. We sat down outside and they said they wanted 19 to talk to me. I don't exactly remember what they said, 20 but they said something about Jeffrey. And that's when 21 I asked my mom if she could go inside the house. And 22 that's when I talked to them. 23 Q. How about your dad, was he there too? 24 A. He wasn't there at the house. He was at work. 25 Q. I thought you said both your parents was Page 20 1 police officers? 2 Why did that not make sense to you, ma'am? 3 MR. HOROWITZ: Penn. 4 THE WITNESS: Because I did not want to hurt 5 my mom and let her find out about everything that 6 happened with Jeffrey. I don't think that's fair 7 to her to hear that from a cop without me telling 8 her first. 9 BY MR. CRITTON: 10 Q. Okay. Well, but you were confused, scared- 11 and in shock. So don't most young adults who have good 12 relationships with their parents, isn't that one of the 13 first people you would want to talk to is either your 14 mother or father, have them both around? 15 MR. HOROWITZ: Object to the form. 16 THE WITNESS: No, that would be the last, I 17 wouldn't want her to find out anything until I had 18 time to sit down with her and tell her. I wouldn't 19 want to have her there while cops were 20 interrogating me. 21 BY MR. CRITTON: 22 Q. So you knew that the cops were going to 23 interrogate you — I'm using your word — right? 24 A. Yes. I'm sure they were going to ask me 25 questions about Jeffrey and what happened. Page 19 1 there. So it was only your mom that was there? 2 A. Well, he came home later. 3 Q. I understand that, but you left the impression 4 with me earlier that your dad was there and your mom 5 were diem, they were waiting there with the police 6 officers. That's not correct? 7 MR. HOROWITZ: Faint. 8 THE WITNESS: Well, my mom was there and then 9 my dad carne home later, so I guess -- 10 BY MR. CRTITON: 11 Q. When the police officers were still there? 12 A. Yes. 13 Q. So mom, the four of you sit down outside, the 14 police officers say rd like to talk to you about 15 Jeffrey Epstein, you asked your mom to go inside? 16 A. Uh huh. 17 Q. Yes? 18 A. Yes. 19 Q. You certainly have the presence of mind to say 20 'Mom, go inside"? 21 A. Yes. 22 Q. Why, if you are 18, only 38, as you describe 23 it, you are confused, you are scared and you are in 24 shock, why wouldn't you keep someone who is very close 25 to you, your mother, there before you talked to the Page 21 1 Q. So therefore, you certainly had the presence 2 of mind to say, after you knew why the police were 3 there, the four of you were standing or sitting outside 4 and you said, "Mom, go inside," because you wanted to be 5 able to talk-- 6 A. Well, actually — 7 Q. Can I finish my question, please? 8 You wanted to be able to move Mom to a 9 different section of the house so you could talk to the 10 police officers, find out what they wanted, and then 11 think about what ultimately you would tell your mom; 12 fair statement? 13 MR. HOROWITZ: Form, compound. 14 THE WITNESS: Yes, and also the cops asked her 15 to go inside too. They, they were actually the 16 ones that recommended it. And then I asked her, I 17 said, "Yes, Mom, could you go inside?" 18 BY MR. CRITTON: 19 Q. But you could have said "No, l wain my mom 20 here"? 21 A. I didn't want her there. 22 Q. I understand you didn't, but you could have 23 said 'I want my mother here"? 24 A. Of course I could have. 25 Q. All right. But again, you had the presence of (561) 832-7500 6 (Pages 18 to 21) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107804 Page 22 1 mind to determine whether or not you wanted your mother 2 to stay or not stay, correct? 3 MR. HOROWITZ: Form. 4 THE WITNESS: Yes. 5 BY MR. CRITTON: Q. Let me tell you one other thing. From time to 7 time 111 ask questions and I may not be done. If I'm 8 not done with the question, I'm going to tell you, 9 because not to be rude to you, but to be certain you 10 understand my full question, right? So that you can 11 hear the full thing. 12 If I chop you off in an answer, just let me 13 know. Say, "Critton, I'm not done with my answer," and 14 then Ill let you finish your answer, okay? So that way 15 I make certain that I hear your response as well. 16 A. Okay. 17 Q. Okay. So did you tell the police officers 18 after you had presence of mind to send your mom into the 19 house, say took, l don't really vault to talk to you 20 about this, I'd like to be able to talk to my parents 21 first and then HI talk to you later"? 22 A. I kind of wanted to know what was going on, 23 and they made it sound like I needed to talk to them or 24 I would get in trouble if I didn't talk to them. 25 Q. Why would you get in trouble? Page 24 1 not? 2 A. Yes, 3 Q. Where police officers want to cone and talk to 4 a particular witness, maybe a suspect in the crime, 5 sometimes they talk, sometimes they don't? 6 You know that, we've all seen "Law and Order" 7 and those series. You have seen them too, haven't you? 8 MR. HOROWITZ: Form. 9 THE WITNESS: Yes. 10 BY MR. CRITTON: 11 Q. Anyhow, you make a conscious decision to say 12 okay, I'm going to sit down and talk with the police 13 officers and find out what they want to ask me, right? 14 A. Yes. 15 Q. How long were they there? 16 A. They were there for about an hour and a half, 17 two hours. I really don't remember. 18 Q. Did they have a tape recorder with them? 19 A. I believe so. 20 Q. Did they talk to you — during the entire time 21 they talked to you, did they have the tape recorder on? 22 MR. HOROWITZ: Form. 23 THE WITNESS: I don't remember. 24 BY MR. CRITTON: 25 Q. Did they have it on fora portion of the Page 23 A. Because- 2 MR. HOROWITZ: Form. 3 THE WITNESS: -- they are the cops, and I was 4 young, I didn't know. 5 BY MR. CRITTON: 6 Q. You were 18. You were an adult 7 MR. HOROWITZ: Form. 8 BY MR. CRITTON: 9 Q. MIS? 10 A. Yeah, if you can — yes. 11 Q. All right. And other times that you were 12 either confined or scared, you had called your parents 13 and said "Hey, look, I have this particular problem or I 14 don't have this — or I have this particular problem, 15 what should I do?" 16 You have done that with your parents before? 17 A. Yes. 18 Q. All right. Anyhow, so you decide to sit down 19 and talk with police officers. You made that decision? 20 MR. HOROWITZ: Form. 21 BY MR. CRITTON: 22 Q. Correct? 23 A. Well, it was kind of like I felt like I had 24 to. They were at my house. I didn't know any better. 25 Q. Sure. You have seen TV shows before, had you Page 25 1 interview? 2 A. Yes. 3 Q. And where you raised your right hand and you 4 were sworn to tell the truth? 5 A. Yes. 6 Q. And they asked you a bunch of questions? 7 A. Yes. 8 Q. And if I understand your testimony, it's -- 9 your position is you didn't lie to them, you just didn't 10 tell them everything: is that correct? 11 MR. HOROWITZ: FWD. 12 THE WITNESS: I admitted that I lied and I 13 didn't tell the whole truth, but I did not tell 14 them everything that happened. I just told them 15 some of what happened. 16 BY MR. CRITTON: 17 Q. Have you ever looked at the police report or 18 any probable cause affidavit or police report in 19 preparation for your deposition today? 20 A. Their police report? 21 Q. Have you seen any portions of the police 22 report that related to the interview relating to you? 23 A. No, I don't think so. 24 Q. Have you looked at anything in preparation for 25 your deposition today? (561) 832-7500 7 (Pages 22 to 25) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107805 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 26 A. I just read over the Kilman Kliman, sony — Q. Kliman what? A. When I had an interview with him. Q. You mean his questions, your answers, or his summary of what you said? MR HOROWITZ: Form. THE WITNESS: Just his questions and my answers. BY MR. CRITTON: Q. Did you read over your interrogatories, your answers to the interrogatories? A. Yes. Q. Okay. When did you do that? A. Actually, l did it right before I came in here just to kind of rejog my memory. Q. That's fine. Did you look at anything else? A. No. Q. Have you read anybody else's deposition who gave a deposition in this case? A. I haven't read anybody else's deposition. Q. Have you talked to anyone? You have certainly talked to Jane Doe 4. She is one of your best friends, right? A. Yes, I talked to her. Page 28 1 Q. Let me get back to the police here. 2 So the police sit and they interview you for 3 an hour and a half to two hours, and during that, not 4 only the sworn part of the testimony out of your S statement, but as well you're saying that you lied to 6 them during part of, part of what you've said, both 7 sworn and unsworn, and as well you didn't provide them 8 all the information, right? 9 A. Yes. 10 Q. Now, you filed your lawsuit in this case 11 against Mr. Epstein and you are seeking, at least your 12 lawyers are asking in part of the complaint for 13 $50 million. Are you aware of that? 14 A. No, my lawyers take care of all that. 15 Q. All right. Let me show you I'll mark as 16 Exhibit 1. 17 (The document was marked Defendant's 18 Exhibit I for identification.) 19 BY MR. CRITTON: 20 Q. Exhibit 1 is the amended complaint that you 21 filed, that your lawyers — it's the second complaint 22 that actually was filed in this action. The original 23 complaint was filed on September 10th of '08, all right? 24 A. I.Jh huh. 25 Q. Yes? Page 27 1 Q. And from my recollection of Jane Doe 4's 2 deposition is you guys talk almost every day? 3 MR. HOROWITZ: I'm sorry, are we talking about 4 in preparation for her depo? 5 MR. CRITTON: Just asking a question. 6 MR. HOROWITZ: You are moving off topic. 7 THE WITNESS: We don't talk every day, no, but 8 we do talk a lot. 9 BY MR. CRITTON: 10 Q. Four, five, six times a week? 11 A. I wouldn't say that much. 12 Q. How often do you still talk? 13 A. I talked to her recently when I was in town, 14 but when I'm in Orlando I don't talk to her every week. 15 Q. So if I got your phone records, I might find 16 that there are weeks or two weeks at a time that neither 17 one of you are speaking with anyone — with each other, 18 I'm sorry. 19 A. Yes. 20 Q. All right. Are you aware that Jane Doe 4 gave 21 a deposition in this case? 22 A. Yes. 23 Q. And you have talked to her about her 24 deposition, haven't you? 25 A. Yes. Page 29 A. Yes. 2 Q. All right. So between the time that the 3 lawsuit was filed on September -- let me strike that — 4 that you gave a statement to the police officers under 5 which you, about which you've admitted you did not tell 6 the truth on October 4,2005, up until three years 7 later — almost three years later, September 10th of 8 '08, did you recontact the police and tell the police 9 that you had not told them the truth? In fact, you had 10 lied to them and withheld information? 11 A. 1 told the FBI that when they came up to visit 12 me in Orlando. 13 Q. That wasn't my question. 14 MR. HOROWITZ: Form. 15 BY MR. CRITTON: 16 Q. My question was did you talk to the Palm Beach 17 police department — 18 A. 'never talked to them after that. 19 Q. I need to finish the question. 20 A. I'm sorry. 21 Q. -- from the time that you first spoke with 22 them on October 4th of 2005 up until the time that the 23 complaint was filed, that is, to bring this lawsuit 24 seeking damages in excess of $50 million against 25 Mr. Epstein, did you ever call or recontact the Palm (561) 832-7500 8 (Pages 26 to 29) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107806 Page 30 1 Beach Police Department and tell them what happened in 2 tams of your interview; that is, that you didn't tell 3 them the truth, you lied to than? 4 MR. HOROWITZ: Object to the form. 5 THE WITNESS: No. BY MR. CRITTON: Q. Why not? 3 A. Well, because they never called me back to ask 9 me any more questions and I tried to move on fran 10 everything. I was in school. I was trying to, I was 11 scared about everything that was going on with the media 12 and all my friends, and I didn't want to say anything 13 until I knew exactly what was going on and it was safe 14 for me to say everything and I wasn't going to get in 15 trouble. 16 Q. Well, why would you think you would get in 17 trouble? I mean if you didn't hesitate to lie to the 18 Palm Beach Police Department, what trouble did you think 19 you were going to get in? 20 MR. HOROWITZ: Form. 21 THE WITNESS: I had no idea. I just, I didn't 22 really know at the time. I was just scared. 23 BY MR. CRITTON: 24 Q. Well, you knew that perjury was a crime back 25 then, didn't you? Page 32 1 to lie to the police officers, were you? 2 MR. HOROWITZ: Fenn. 3 THE WITNESS; Actually, I was scared and 4 confused. That is why I lied to them. 5 BY MR. CRITTON: 6 Q. All right. So what were you scared and 7 confused about? 8 A. I was scared because I knew what happened with 9 Jeffrey and I knew that was wrong and I, I knew that he 10 was possibly going to get in trouble, and I didn't know 11 if I was going to get in trouble for going there for 12 what happened. 13 So I mean I was mainly scared about that. I 14 was scared about my parents finding out. Just 15 everything going on with what happened, I was scared 16 about and confused about. 17 Q. Okay. When was the last time you were at 18 Mr. Epstein's home, that you claim you were at 19 Mr. Epstein's home? 20 A. I'm pretty sure it was the end of my junior 21 year of high school. 22 Q. Which would have been what? 23 A. It would have been 2004, I believe. 24 Q. Okay. And that was the last time you were 25 there, so it would have been what, approximately May of Page 31 1 MR. HOROWITZ: Form. 7 BY MR. CRITTON: Q. To lie to a police officer under oath? A Yes. I also knew what Jeffrey did was a crime, but I mean — 6 Q. I'm not talking about Jeffrey. Go ahead, 7 finish your answer. 8 Again, I'm interested in specific answers to 9 questions, and I'm going to have to move to strike and 10 re-ask you the question. So I know that you may have 11 some things that you want to add on. Your lawyer can 12 certainly come back and cover that, but if you can focus 13 on my question, this goes a lot faster, but you can 14 answer anything the way you want. 15 My question is with regard to the police 16 officers, you knew, you knew that telling them a lie was 17 a crime, correct? 18 MR. HOROWITZ: Form Object to the form. 19 This is the third time you've asked the question, 20 at least. 21 THE WITNESS: Yeah, I already told you. 22 BY MR. CRITTON: 23 Q. Yes? 24 A. Yes. 25 Q. Okay. So you weren't too scared or confused (561) 832-7500 Page 1 2004? 2 A. T don't remember exact dates, but I just 3 believe it was the end of my junior year, so probably 4 around May or June. 5 Q. 2004? 6 A. Yes 7 Q. Not 2005? 8 A. I don't believe I went in 2005 9 Q. When did you graduate from la 10 A. 2005. 11 Q. All right So the end of your—so your 12 senior year would have been approximately August of '04 13 through May of '05? 14 A. Yes. 15 Q. So where your Exhibit I, the complaint alleges 16 that you first went to Mr. Epstein's home when you were 17 16 years old and you continued to go over a period of 18 one and a half to two years, that's false; is that 19 correct? 20 MB. HOROWITZ: Form. 21 THE WITNESS: I believe so. 22 BY MR. CRITTON: 23 Q. I'm sorry? 24 A. I believe so. 25 Q. So over what period of time, when do you think 9 (Pages 30 to 33) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107807 Page 34 1 you first went to Mr. Epstein's home? 2 A. I believe I went the end of my sophomore year 3 611 about the end of my junior year. Fm not sure if 4 it was the beginning or the end of my sophomore year. 5 Somewhere around there. 6 Q. Well, you told the police that you were 7 approximately 17 when you first went to Mr. Epstein's 8 home, didn't you? 9 A. I don't exactly remember what, when I said 10 that, I first told them I went. 11 Q. If I asked you to assume that the police 12 report reflects that the statement that you gave to 13 them, that you were there when you wore 17 years old, 14 all right? 15 A. Okay. 16 Q. I old and you were born in, 17 let's see,Milir so it would have been 18 approximately June, the end of June of 2004, correct, 19 that you first went there? 20 MR. HOROWITZ: Form. 21 THE WITNESS: I, I don't exactly know, to be 22 honest with you. 23 BY MR. CRITTON: 24 Q. You mean when you first went to Mr. Epstein's? 25 A. I can't put a date on it. I just remember it 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 BY MR. CRITION: Q. -- to the police officers? MR. HOROWITZ: Form. BY MR. CRITTON: Q. Whether you were scared or confused at that time, you probably would have given them at least your accurate age when you first went to Mr. Epstein's? MR. HOROWITZ: Form. THE WITNESS: I may have said it because I was scared and I didn't want to them to think I actually went that long, or I don't know why I said it. I honestly don't know. BY MR. CRITTON: Q. And maybe it was the truth at the time? MR HOROWITZ: Form. THE WITNESS: I mean I really don't know. BY MR. CRITTON: Q. So it may have been the truth, it may not have been the truth; even today you don't know, correct, whether you were 17 when you first went to Mr. Epstein's? A. I believe I was 16, because I believe it was the end of my sophomore year. So I at least think I was 16. Q. So you are meeting with two police officers 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 35 was my sophomore year to my junior year. Q. When you gave a statement to the police on October 4,2005, whether you were 16 or 17, what difference would it have made to the police officers? Why would being scared or confused, why would you Ile about your age when you first went to Mr. Epstein's? MR. HOROWITZ: Form. THE WITNESS: I don't know. BY MR. CRITTON: Q. Maybe in fact — A. I mean I did go when l was 17 too, so I may have just said 17,1 don't really know. Q. Well, you were 18 — again, would you agree with me that your recollection of the events involving Mr. Epstein would have been better in October of '05 than it is at the current time? MR. HOROWITZ: Fenn. THE WITNESS: Yes. BY MR. CRITTON: Q. And if you told the police officers you were 17 when you first went to Mr. Epstein's home, would you agree with me that that, there would have been no reason for you to lie about your age at that time — MR HOROWITZ: Form. Page 37 1 from the Town of Palm Beach in basically a secure 2 environment, nothing can happen to you there. You told 3 them that you were 17 years old when you first went to 4 Mr. Epstein's. 5 Now that you arc seeking $50 million in a 6 lawsuit that was filed on September 10 of '08, now all 7 of a sudden maybe you were 16? Is that your testimony? 8 MR. HOROWITZ: Let me object to form. You are 9 mischaracterizing the testimony. 10 BY MR. CRITTON: 11 Q. You can go ahead and answer, ma'am. 12 A. Well, I told you that I didn't tell them the 13 complete truth. So what would it matter if I told them 14 I was 17 or 16, when I already told you I didn't tell 15 them the complete truth and I didn't tell them 16 everything that happened? 17 Q. Well, again, my point is merely is — 18 A. I understand. 19 Q. I want you to confirm that you didn't even 20 tell them the correct age, or at least your position is 21 you may have lied to the police officers even about the 22 age when you first went to Mr. Epstein's house? 23 A. I believe the only reason 1 would have lied 24 about my age, because I was scared and I didn't want 25 them obviously when I was 16 to think that I went there (561) 832-7500 10 (Pages 34 to 37) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107808 Page 38 1 as well as 17 and if I didn't really want to be involved 2 in it, so maybe that's why I said I was 17. I don't 3 remember that far back what I was thinking. 4 Q. Okay. I understand that. But in fact it 5 could have been true that the first time you went to 6 Mr. Epstein's house you were 17 years old, correct? 7 MR. HOROWITZ: Form. 8 THE WITNESS: No, I remember going around the 9 end of my sophomore year. 10 BY MR. CR1TTON: 11 Q. Give me your best exact date when you first 12 went to Mr. Epstein's home. 13 A. I remembere. was in my gym class and she 14 asked me to go, and Fm almost positive that was my 15 towards the end of my sophomore year. She was in my gym 16 class. 17 Q. That takes you now to your sophomore year? 18 A. Yes. 19 Q. Okay. 20 A. Yet 21 Q. Which would have been when? 22 A. When I was 16. 23 Q. You were a senior -- lees just get the dates 24 right You were senior as of August of 'OS — I'm 25 sorry, of '04, correct? Page 40 1 Q. So now your testimony is, also under oath, is 2 we started maybe it was in your junior year. You told 3 the police it was when you were 17, which would have put 4 k in your senior year or just before the start of your 5 senior year in 2005. 6 And now your testimony is it may have been in 7 your sophomore year, is that correct? 8 A. I'm not trying to lie or mislead you. 1 9 honestly can't remember if it was my sophomore or my 10 junior year 1 wasn't going by age or anything. I just 11 could not remember what year I started going. 12 Q. All right. At least for todays deposition 13 under oath, tell me what your position is as to when you 14 went to Mr. Epstein's home. Now I've got senior year, 15 junior or sophomore year, so my question -- 16 A. It wasn't my senior year. I don't believe I 17 remember going my senior year, so I'm pretty sure it was 18 my sophomore year and then into my junior year. 19 Q. All right. Give me an approximate time. If 20 you are now claiming it's in your sophomore year, give 21 me an approximate date when'. first approached you. 22 A. I believe It was towards the end of my 23 sophomore year. 24 Q. We're talking about April, May? 25 A. The end. I really don't -- I can't answer Page 33 1 A. Yes. 2 Q. And as of August of '04, you would have been 3 17 years old as a senior; is that correct? 4 A. Yes. 5 Q. Okay. So as a junior, you would have been 16 6 years old and you would have started in August of '03 to 7 '04, right? 8 A. Yes. 9 Q. If '05, 04-05 is your senior year and you were 10 17 during your whole senior year, is that correct? 11 A. Yes. 12 Q. All right. So you would have been 16 during 13 your entire junior year? 14 A. Uh huh. 15 Q. Yes? 16 A. Yes. 17 Q. Okay. But you just said. asked you to go 18 to Mr. Epstein's house now when you were in your 19 sophomore year. 20 A. Yes. 21 Q. Okay. So you would have been 15 then? 22 A. I guess so. I wasn't really going by age. I 23 was just trying to remember when she was in my gym 24 class, and I can't remember if it was my sophomore or my 25 junior year. Page 41 1 you, because I don't want to tell you something that 2 I — !just believe it was towards the end of my 3 sophomore year. 4 Q. If you look at Exhibit 1, paragraph nine says, 5 the last sentence says, "In or about 2004 Jane Doe"- 6 which is you, Jane Doe 7 — am I saying that right, Jane 7 Doe 7? 8 A. Yes. 9 Q. "then approximately I6 years old, fell into 10 Epstein's trap." 11 Okay, you see that? 12 A. Uh huh. 13 Q. So at least the lawsuit that was filed 14 initially, your amended complaint that was filed on 15 September -- Fm sorry, February 27 of '09, it alleges 16 sometime in 2004, right? Which would have had to have 17 been after your sophomore year, but into your junior 18 year, correct? 19 A. Yes. 20 Q. So you are saying now that that complaint is 21 wrong? At least based on what you're claiming to be the 22 truth today; is that right? 23 A. I told you 'couldn't remember correctly if it 24 was my sophomore or my junior year when she was in my 25 gym class, so — (561) 832-7500 11 (Pages 38 to 41) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107809 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 Q. So now you are saying it realty could be the junior year? A. I really, I really don't know. I can't remember. I just icutemlmr her being in my gym class asking me to go. Q. So maybe it's '03, maybe its '04, maybe it's '05, you are just not sure? MR. HOROWITZ: Form. THE WITNESS: Ifs not '05. It was either 2003, I'm pretty sure it was 2003 — or 2002 or 2003 through 2004. it wasn't 2005 at all. BY MR. CRITTON: Q All right. Let me show you what I'll mark as Exhibit 2. (The doe-meta was marked Defendant's Exhibit 2 for identification.) MR. CRiTTON: Here's extra copy for you. MR. HOROWITZ: Okay. BY MR. CRITTON: Q. These are interrogatory answers that you signed on January 23, 2008. Do you see that? A. Yes. Q. Would you go to the second, go to the second-to-last page. MR. HOROWITZ: What, is there a question? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 these interrogatories and you understood that, true? A. Uh huh, yes. Q. All right. And it says, the question is "List all dates you allege you were at Mr. Epstein's home in Florida. Include the date, time arrived and left, the name of anyone else who went with you to the home, when you were there, the time spent with Mr. Epstein, and the names and addresses of individuals who were present in the house with Mr. Epstein and you." Okay. And why don't you read for the ladies and gentlemen of the jury what your answer was, at least the first part of the answer. A. "Plaintiff went to the defendant's estate approximately eight to ten times during her junior and senior years of high school, from 2004 to 2005." Q. All right. So you already told us that you lied to the police about certain aspects of your statement. Are you now telling us that on January 23rd of 2009 when you answered these interrogatories you were again lying about the dates you were at Mr. Epstein's home? MR. HOROWITZ: Form. THE WITNESS: I wasn't lying at all. I, I told you before i don't exactly remember the exact dates. 2 Page 43 1 MR. CRITTON: Yes, go to the last page, 2 second to last page. 3 BY MR. CRITTON: 4 Q. The is a signature there that says go to 5 the second-to-last page, please, ma'am. These are 6 plaintiff Jane Doe 7's, Ms. Jane Doc 7's answers to 7 first set or first interrogatories, correct? 8 A. Yes. 9 Q. All right. And you see there is a 10 verification that says Jane Doe 7, "being duly sworn, 11 deposes and says that the foregoing answers to 12 interrogatories are true and correct to the best of her 13 knowledge, information and belief." 14 That's your signature, is it not? 15 A. Yes. 16 Q. It reflects "Sworn and subscribed to the 23rd 17 day of January 20(18." in fact, I think it's 2009, based 18 upon the certificate page, because you didn't have a 19 lawsuit as of January of 2008. So I'm sure it was that 20 same January issue that a lot of people have, so let's 21 assume, we'll agree that it was January 23, 2009, 22 correct? 23 A. Yes. 24 Q. All tight. So then if you go to Question 25 No. 15, again you're under oath again and swearing to (561) 832-7500 Page 45 1 BY MR. CRITTON: 2 Q Well, you're giving this information -- 3 A. I know I went my junior year. I don't 4 remember if it started my sophomore — i think it ended 5 my senior. I just, Pm telling the truth. I don't know 6 exact dates. It's hard for me to remember. 7 Q. Do you even know what my question was? 8 A. Yes, 1 did. 9 Q. You IM me ask one word and then you just 10 started talking. 11 A. I'm sorry, you are just trying to make me out 12 to look like a liar when I told you I don't remember 13 exact dates. 14 Q. I'll make it very clear. I'm not trying to 15 make you out as anything, all right? The record is 16 going to speak for itself whether you are telling the 17 bulb or not. Somebody else can judge that. That's not 18 my job. 19 All I'm saying is at least in your answers to 20 interrogatories, and I assume you completed these in 21 conjunction with your attorneys, right? You had t:..: 22 opportunity to sit with your attorneys? 23 A. Yes. 24 Q. lo fact, you sat with Jessica Arbour at the 25 time, who is now an attorney with Mermelstein & 12 (Pages 42 to 45) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107810 Page 46 Horowitz, correct? 2 A. Uh huh. 3 Q. Yes? 4 A. Yes. Q. And you understood in answering these 6 questions that you were to answer them to the best of 7 your ability. because you would be sworn that they were 8 truthful, correct? 9 A. Yes. 10 Q. All right So now we've got see if we can 11 sort through this. 12 Under oath, you told the police officers you 13 were 17 when you came to Mr. Epstein's, which would have 14 had to have been in .04, that is after lune 30th of 15 2004, which would have put you after completion of your 16 junior year and into your senior year, right? That's at 17 least what you told the police? 18 A. Yes, 19 Q. In your answers to interrogatories you say you 20 went to Mr. Epstein's home 2004 and 2005, during both 21 your junior and senior years, correct? 22 A. Yes. 23 Q. And you've told us under oath here today that 24 you may have gone to Mr. Epstein's when you were 15 as a 25 sophomore, you may have gone when you were 16 as a 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 48 THE WITNESS: Can you read that one more time, please? Sorry. (A portion of the record was read by the Mom•) THE WITNESS: I definitely went when I was a junior. I wasn't sure if I went when I was a sophomore, so yes. BY PAR. CRITTON: Q. So now you were a junior. At least what you're saying today, separate and apart from what you told the police officer, separate and apart flan what you put in your answers to interrogatories, separate and apart from what you have previously testified today, it's now your testimony under oath again that you went sometime in your junior year, which would have been what, in '04? A. Yes. Q. And your best recollection as to when you went would have been when? MR. HOROWITZ: Which visit are you talking about? MR. CANTON: First went to Mr. Epstein. MR. HOROWITZ: First went. THE WITNESS: First was with Page 47 1 junior, but you don't know? 2 A I think I put this because — 3 Q. No, I'm not asking why you put that. 4 My question to you is that's what you've told 5 us at least today? 6 MR. HOROWITZ: Form. 7 THE WITNESS: I put this because I was sure 8 that I went my junior year. 1 didn't remember if I 9 went my senior year and I didn't remember if I went 10 my sophomore year at all. Maybe towards the end, 11 lice I told you earlier. 12 But I definitely remember going my Junior 13 year. So that's maybe why 1 left out the sophomore 14 year. I don't remember if I went my sophomore 15 year. I'm not saying that 1 did. 1 don't 16 remember. 17 MR. CRITTON: Let me move to strike as 18 nonresponsive. 19 Would you read the question back to her, 20 please. 21 (A portion of the record was read by the 22 reporter.) 23 BY MR. CRITTON: 24 Q. Is that correct? 25 MR. HOROWITZ: Fonn. Page 49 1 BY MR. CRITTON: 2 Q. I understand that's your testimony. Datewise, 3 sometime in April or May of 2004? 4 MR. HOROWITZ: No, she said end of her 5 sophomore is her best- 6 MR. CRMON: No, she just said junior. Well, 7 wait a minute, let's clear it up, Mr. Horowitz. 8 Lets go back and read it. 9 (A portion of the record was read by the 10 reporter.) 11 MR. HOROWITZ: Right You are talking about 12 the first visit there. You we talking about — 13 MR. CRITTON: No, I'm talking about the first 14 visit 15 MR. HOROWITZ: Okay. 16 MR. CRITTON: She said junior year and then 17 you said no, sophomore. 18 MR. HOROWITZ: No, but the question wasn't 19 about — I'm not testifying. 20 MR. CRITTON: I'll clear it up again. 21 MR. HOROWITZ; Please clear it up. 22 MR. CRITTON: Because she's all over the 23 world. She can give us Ifice 40 years here. 24 BY MR. CRITTON: 25 Q. My question to you is is it your position that (561) 832-7500 ••••erovinanWENSINIMilwas,••••........ 13 (Pages 46 to 49) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107811 Page 50 1. you first went to Mr. Epstein's home in the latter part 2 of your junior year, which would have been sometime 3 April, May of 2004? 4 A. When I first went there? 5 Q. Yes, ma'am. 6 A. No. 7 Q. Okay, what is it now? 8 MR. HOROWITZ: Form. 9 THE WITNESS: Wby did you try to trick me like 10 that when I told you — 11 BY MR. CRITTON: 12 Q. fin not trying to trick you. You have said 13 about 19 different things. I'm going to ask a clean 14 question so maybe we can get a clean answer from you 15 here. 16 My question to you is what is your position as 17 to when you first went to Mr. Epstein's home? 18 A. My position is I believe it was towards the 19 end of my sophomore year or the beginning of my junior 20 year. I don't really remember the exact dates. 21 Q. If it was the end of your sophomore year, that 22 would have put it sometime in 2003, right? 23 A. Yes. 24 Q. Okay. If it was the beginning of your junior 25 year, it still would have been sometime in '03, but you 1 2 3 4 5 6 8 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 Q. Okay, I'm asking you. I'm don't want to trick you here. I just want to make certain that you understand — A. No, that's fine. I just wish we could move past this. Q. Then in paragraph 14 the allegation is that you and Pm paraphrasing -- is that you returned on many occasions to Mr. Epstein's home over a period of 18 to 24 months, right? A. Yes. Q. All right So 18 to 24 months would be another year and a half to two years, which would now be, ba