gov.uscourts.nysd.447706.55.10.pdf

Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 1 of 10 EXHIBIT 5 Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 2 of 10 462 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: CACE 15-000072 BRADLEY J. EDWARDS and PAUL G. CASSELL, Plaintiffs, vs. ALAN M. DERSHOWITZ, Defendant. ________________________________/ VIDEOTAPE CONTINUED DEPOSITION OF ALAN M. DERSHOWITZ VOLUME 4 Pages 462 through 647 Tuesday, January 12, 2016 1:05 p.m. - 4:45 p.m. Tripp Scott 110 Southeast 6th Street Fort Lauderdale, Florida Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 3 of 10 463 1 APPEARANCES: 2 On behalf of Plaintiffs: 3 SEARCY, DENNEY, SCAROLA 4 BARNHART & SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard 5 West Palm Beach, Florida 33402-3626 BY: JACK SCAROLA, ESQ. 6 [email protected] 7 8 On behalf of Defendant: 9 COLE, SCOTT & KISSANE, P.A. Dadeland Centre II - Suite 1400 10 9150 South Dadeland Boulevard Miami, Florida 33156 11 BY: THOMAS EMERSON SCOTT, JR., ESQ. [email protected] 12 BY: STEVEN SAFRA, ESQ. (Via phone) [email protected] 13 --and-- 14 SWEDER & ROSS, LLP 131 Oliver Street 15 Boston, MA 02110 BY: KENNETH A. SWEDER, ESQ. 16 [email protected] 17 --and-- 18 WILEY, REIN 17769 K Street NW 19 Washington, DC 20006 BY: RICHARD A. SIMPSON, ESQ. 20 [email protected] 21 22 23 24 25 www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 4 of 10 464 1 APPEARANCES (Continued): 2 3 On behalf of Jeffrey Epstein: 4 DARREN K. INDYKE, PLLC 575 Lexington Ave., 4th Fl. 5 New York, New York BY: DARREN K. INDYKE, ESQ. (Via phone) 6 7 On behalf of Virginia Roberts: 8 BOIES, SCHILLER & FLEXNER, LLP 401 E. Las Olas Blvd., Ste. 1200 9 Fort Lauderdale, Florida 33301 BY: SIGRID STONE MCCAWLEY, ESQ. 10 [email protected] 11 12 ALSO PRESENT: 13 Edward J. Pozzuoli, Special Master 14 Sean D. Reyes, Utah Attorney General Office 15 Travis Gallagher, Videographer 16 17 18 19 20 21 22 23 24 25 www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 5 of 10 523 1 Q. Okay. And Ghislaine Maxwell, you are 2 aware, is involved in litigation with Virginia 3 Roberts right now, correct? 4 A. She is being sued by Virginia Roberts for 5 defamation, not for the underlying offenses, which 6 are beyond the statute of limitations, as I 7 understand it, correct. 8 Q. And have you spoken with Ghislaine Maxwell 9 about the allegations against her and her denials? 10 MR. INDYKE: Same objection, same 11 instruction. 12 MR. SCOTT: Don't answer it. It's 13 privileged. 14 BY MR. EDWARDS: 15 Q. I'm asking about your conversations with 16 Ghislaine Maxwell, who's in a separate litigation, 17 civil litigation for defamation. Have you 18 personally spoken with Ghislaine Maxwell since these 19 allegations? 20 A. If there's no objection, I will answer. 21 MR. INDYKE: There was an objection. Same 22 objection, same instruction. 23 BY MR. EDWARDS: 24 Q. Is there a joint defense agreement related 25 to the civil allegation -- actions regarding the www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 6 of 10 524 1 defamation actions that involve Ghislaine Maxwell 2 and yourself? 3 MR. INDYKE: Same objection. 4 SPECIAL MASTER POZZUOLI: What's the 5 basis -- can you explain to me what the basis 6 of the objection is -- and what was the 7 question? 8 MR. EDWARDS: Has Mr. Dershowitz spoken 9 with Ghislaine Maxwell since the allegations -- 10 since this defamation suit came about as well 11 as the defamation suit with Ghislaine Maxwell. 12 BY MR. EDWARDS: 13 Q. Let me ask it cleaner. Have you spoken 14 with Ghislaine Maxwell since January 2015? 15 MR. INDYKE: Same objection, same 16 instruction. 17 BY MR. EDWARDS: 18 Q. So that I'm clear, there is a joint 19 defense of the allegations regarding Ghislaine 20 Maxwell that's New York litigation and this 21 defamation case? 22 MR. INDYKE: There's a common interest 23 agreement in effect with respect to the 24 New York case and a common interest agreement 25 with respect to this case. www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 7 of 10 525 1 BY MR. EDWARDS: 2 Q. Okay. Was Virginia Roberts lying when she 3 says that she was taken by Ghislaine Maxwell and -- 4 MR. SCAROLA: Who negotiated the agreement 5 and when? 6 BY MR. EDWARDS: 7 Q. Is there a common interest agreement in 8 existence with respect to the allegations that have 9 arisen since January of 2015 or that you contend 10 covers that? 11 MR. INDYKE: Same objection, same 12 instruction. 13 BY MR. EDWARDS: 14 Q. If there is, who negotiated this 15 agreement? 16 MR. SCAROLA: Can we have a ruling on 17 propriety? 18 SPECIAL MASTER POZZUOLI: You haven't 19 pushed me, so I let you go. 20 MR. SCAROLA: Can we have a ruling as to 21 whether we get to know whether Mr. Dershowitz 22 is a party to a common interest agreement with 23 Ghislaine Maxwell? 24 SPECIAL MASTER POZZUOLI: Counsel -- 25 MS. McCAWLEY: Also, just this is Sigrid www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 8 of 10 526 1 McCawley, if any of the individuals on the 2 phone are representing Ghislaine Maxwell, my 3 understanding is the person on the phone is 4 representing Jeffrey Epstein, not Ghislaine 5 Maxwell. That needs to be clarified. 6 MR. INDYKE: Correct. Correct. 7 SPECIAL MASTER POZZUOLI: The answer is 8 correct? 9 MR. INDYKE: With respect to Mr. Epstein, 10 I can tell you there's a common interest 11 agreement with respect to this matter and a 12 common interest agreement with respect to the 13 Ghislaine Maxwell suit in New York. 14 SPECIAL MASTER POZZUOLI: Is 15 Mr. Dershowitz party to that? 16 MR. INDYKE: Mr. Dershowitz is party to a 17 common interest agreement with Jeffrey in this 18 case. And I believe -- I'd have to check, but 19 I believe that that would extend -- 20 MR. SCAROLA: We want an answer from the 21 witness as to whether the witness is a party to 22 a common interest agreement with Ghislaine 23 Maxwell. 24 SPECIAL MASTER POZZUOLI: Then ask the 25 question, because I haven't seen the question www.phippsreporting.com (888)811-3408  Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 9 of 10 527 1 asked yet. 2 BY MR. EDWARDS: 3 Q. Are you a party to a common interest 4 agreement with Ghislaine Maxwell? 5 A. If there's no objection, I'll answer it. 6 MR. INDYKE: I apologize. I thought we 7 were still operating under the original set of 8 objections. So I will repeat it. Same 9 objection, same instruction. 10 SPECIAL MASTER POZZUOLI: With respect to 11 that question, you can answer. 12 A. My understanding is that I am still 13 Jeffrey Epstein's lawyer. Jeffrey Epstein, I 14 understand, has a common interest or joint defense 15 agreement with Ghislaine Maxwell, so I have -- my 16 understanding is that I am bound by a common 17 agreement. 18 BY MR. EDWARDS: 19 Q. Is this the same common interest agreement 20 that we were talking about from 2005, or is this a 21 separate common interest agreement that has been 22 signed as a consequence of the lawsuits that have 23 been filed since January 2015? 24 MR. INDYKE: If this is a new question, 25 I'll assert the same objection and the same www.phippsreporting.com (888)811-3408 Case 1:15-cv-07433-LAP Document 55-10 Filed 03/14/16 Page 10 of 10 528 1 instruction. 2 SPECIAL MASTER POZZUOLI: And I'm going to 3 overrule the objection. And you can answer 4 that. 5 A. My understanding is that it's a 6 combination; that is, it reflects the previous 7 agreement and that there is a new agreement that 8 supplemented the previous agreement. 9 BY MR. EDWARDS: 10 Q. When you say it's your understanding, is 11 this understanding in writing; meaning, is there a 12 written common interest agreement that has been put 13 in place since January of 2015? 14 A. I don't know. 15 MR. INDYKE: Same objection, same 16 instruction. 17 MR. SCOTT: Can we take a recess when we 18 get a chance? 19 SPECIAL MASTER POZZUOLI: Yes, but I'm 20 going to instruct you -- 21 A. I don't know. I don't know the answer to 22 that, whether there's additional writing or not. 23 BY MR. EDWARDS: 24 Q. Last question, then we take a break. Have 25 you signed any such agreement -- www.phippsreporting.com (888)811-3408