EFTA00182476.pdf
Original Transcript
IN THE CIRCUIT COURT OF THE FIFrEENTII JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL, DIVISION
L.M.,
Plaintiff,
vs. CASE No.
502008CA0280513OOOCMB AB
JEFFREY EPSTEIN,
Defendant.
DEPOSITION OF
VOLUME H
October, 20, 2009
10:10 a.m.
515 N. Flagler Drive
Suite 200-P
West Palm Beach, Florida 33401
Reported By: Teresa Whalen, RPR, FPR, Notary Public, State of Florida
Toll Free: 866.709.8777
Facsimile: 561.394.2621
S Suite 600
4440 PGA Boulevard
ESQUIRE •n Al noel. Vall•Compny
Palm Beach Gardens, FL 33410
wvnv.esoulresolutIons.com
EFTA00182476
•
•
•
EFTA00182477
131
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE No.502008CA028051XXXXMB AB
L.M.,
Plaintiff,
-vs-
JEFFREY EPSTEIN,
Defendant.
DEPOSITION OF
VOLUME II
Tuesday, October, 20, 2009
10:10 - 3:30 p.m.
D15 N. Flagler Drive, Suite 200-P
West Palm Beach, Florida 33401
Reported By:
Teresa Whalen, RPR, FPR
Notary Public, State of Florida
West Palm Beach Office Job #118991
Toll Free: 866.709.8777
• 0 Facsimile. 561.394.2621
Suite 600
ESQUIRE 4440 PGA Boulevard
Palm Beach Gardens, FL 33410
way.esquIresoludons.com
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE No.08-CV-80119-CIV-MARRA/JOHNSON
4 JANE DOE NO. 2,
Plaintiff,
-vs-
7 JEFFREY EPSTEIN,
Defendant.
Related cases:
08-80232, 08-80380, 98-80381, 08-80994,
10 08-80993, 08-80811, 08-80893, 09-80469,
09-80591, 09-80656, 09-80802, 09-81092
11 /
12
DEPOSITION OF
13 VOLUME II
14
Tuesday, October 20, 2009
15 10:10 - 3:30 p.m.
16
515 N. Flagler Drive, Suite 200-P
17
West Palm Beach, Florida 33401
18
19
20
21 Reported By:
Teresa Whalen, RPR, FPR
22 Notary Public, State of Florida
West Palm Beach Office Job 11118991
23 Phone:
24
25
Toll Free: 866.709.8777
Facsimile: 561.394.2621
Suite 600
ESQLTLRE 4440 PGA Boulevard
Palm Beach Gardens, FL 33410
www.esquiresolutlons.com
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• APPEARANCES:
On behalf of the Defendant:
ROBERT D. CRITTON, JR., ESQUIRE
BURMAN CRITTON LUTTLER & COLEMAN, LLP
303 Banyan Boulevard, Suite 400
West Palm Beach, Florida 33401
Phone:
7 On behalf of Plaintiff L.M.:
BRADLEY J. EDWARDS, ESQUIRE
CARA L. HOLMES, ESQUIRE
ROTHSTEIN ROSENFELDT ADLER
401 E. Las Olas Boulevard, Suite 1650
10 Fort Lauderdale, Florida 33394
Phone:
11
12 On behalf of the Witness:
13 BRUCE E. REINHART, ESQUIRE
LAW OFFICE OF BRUCE E. REINHART
• 14 250 S. Australian Avenue, Suite 1400
West Palm Beach, Florida 33401
15 Phone:
16
17 On behalf of Defendants/Jane Does 2 - 8:
18 STUART S. MERMELSTEIN, ESQUIRE
MERMELSTEIN & HOROWITZ, P.A.
19 18205 Biscayne Boulevard, Suite 2218
Miami, Florida 33160
2C Phone:
21 On behalf of Plaintiff in related Case No. 08-80811
22 JACK HILL, ESQUIRE (Partially via speakerphone)
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY
23 2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
24 Phone:
25
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1
2
3 INDEX
4
5
6 WITNESS: DIRECT CROSS REDIRECT RECROSS
7
8
9 BY MR. EDWARDS: 5 190
10 BY MR. MERMELSTEIN: 135 208
11 BY MR. HILL: 156
12 BY MR. CRITTON: 173
13
14
15 EXHIBITS
16
17
18 NUMBER DESCRIPTION PAGE
19 DEPENDANT'S EX. 1 COPIES, COMPOSITE PHOTOGRAPHS 103
20 DEFENDANT'S EX. 2 COMPOSITE PHONE MESSAGE BOOK 147
21 DEFENDANT'S EX. 3 COPY OF PHOTOGRAPH 162
22
23
24
25
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• 1
2
PROCEEDINGS
- -
3 Deposition taken before Teresa Whalen,
4 Registered Professional Reporter, Florida
5 Professional Reporter, and Notary Public in and for
6 the State of Florida at Large, in the above cause.
7
8 (Mr. Hill joined the proceedings in person.)
9 CROSS (
10 BY MR. MERMELSTEIN:
11 O Good afternoon. Is it all right if I call you
12
13 A Yes.
• 14
15
Q Okay. My name is Stuart Mermelstein, I also
represent some plaintiffs in these cases, and it is my
16 turn to ask you some questions.
17 We were talking about when Mr. Epstein was in
18 jail, which was between June 30th of 2008 and July of
19 2009; correct?
20 A Yes.
21 Q Now, during that time you weal. Lu work your
22 regular schedule at 358 El Brillo Way; is that correct?
23 A Yes.
24 • So you were working basically --
25 MR. CRITTON: She's not finished.
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1 BY MR. MERMELSTEIN:
2 Q I'm sorry. Go ahead.
3 MR. REINHART: Do you need to expand on your
4 answer?
5 BY MR. MERMELSTEIN:
6 Q Were you finished?
7 A I worked regular hours, but sometimes there
8 are times that I report eight, sometimes I report
9 nine o'clock.
10 Q And I believe
11 A It's flexible.
12 Q Okay. And it was after he left jail that you
13 started working at 6:00 a.m., correct?
14 A Yee.
15 Q So whether you start work at eight or nine is
16 your choice? When you say "it's flexible," it means you
17 can chose whether to come at eight or nine?
18 A Yes. When he was not there.
19 Q Okay. It didn't matter whether you there at
20 eight or nine when he was not there, correct?
21 A No.
22 Q And what kind of things did you do at the
23 house -- let me ask the question this way.
24 How were your duties different when he was not
25 there during the time he was in jail from when he would
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• 2
come there before he went to jail?
A When he was in jail?
3 • Yes.
4 A I clean the house.
5 Q You had less to clean, is that fair to say,
6 because Mr. Epstein, I assume, based on your testimony,
7 there were much fewer people in the house than before,
8 correct?
9 A Yes. I made inventory of the linens.
10 Q I'm sorry?
11 A Of the linens, I made inventory of the linens.
12 Oh. Inventory of the linens?
13 A Inventory.
• 14
15
Q Okay.
do to fill the time?
So you did that. And what else did you
16 A Wash the clothes that was in storage, you
17 know.
18 Q You washed clothes in storage?
19 A Yes. Because it was right there, so I just
20 wash it and then press if it needs pressing.
21 Q So he has clothes stored outside of Lhe house?
22 A No. In the house.
23 Q In the house. Okay. So even if they hadn't
24 been worn, you washed them, correct?
25 A And press them.
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1 MR. CRITTON: Form.
2 THE WITNESS: Yes.
3 BY MR. MERMELSTE:N:
4 Q What other type of things did you do while he
wasn't there?
6 A If there are plants, I attend to the plants.
7 Q Okay. Is that something you didn't do before
8 he went to jail?
9 A I do that also when before he went to jail.
10 0 Okay.
11 A If there are orchids or plants in the house,
12 then I attend to it.
13 Q I guess my question is what kind of projects
14 did you work on when he was not there to fill your time
15 after he went to jail?
16 A Cleaning, tidying, just going around the
17 house. If I see something that needs painting, I tell
18 Janusz.
19 Q Now, are you paid on the basis of a yearly
20 salary, or are you paid weekly or monthly; how does that
21 work?
22 A We are paid twice a month.
23 Q Okay. That's when you receive your pay?
24 A Yes.
25 Q I guess my question is this: Say you have to
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take a half a day of work off, do you get paid for that?
A Yes. In my situation.
3 Q I'm sorry. In your what?
4 A In my situation I was paid.
5 Q Okay. So you're on like a fixed salary, if
6 you miss some time you still get the same amount of
7 money, correct?
8 A Yes.
9 Q And I take it that during the period in which
10 Mr. Epstein was in jail, you continued to receive the
11 same salary, plus a raise, I assume, at the beginning of
12 the year; correct?
13 A Yes.
• 14
15
Q So you continued to receive the same salary
that you did before Mr. Epstein went to jail, correct?
16 A Yes, sir.
17 Q Did Mr. Epstein ever pay bonuses or any extra
18 money to you?
19 A Yes.
20 Q What kind of bonuses did you receive?
21 A Yearly bonus.
22 Q You get a yearly bonus. When is that paid, is
23 that paid at holiday time, Christmas time?
24 A After the year.
25 Q At the end of the year?
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1 A At the end of the year.
2 Q At New Years?
3 A New Years.
4 Q And this past year, when 2008 became 2009, how
5 much of a bonus did you receive?
6 A I did not receive any.
7 Q And what about before that, what kind of bonus
8 did you receive?
9 A The yearly bonus.
10 • Okay. What would be the amount of the yearly
11 bonus?
12 A Oh. For me? The last one I receive was
13 5,000.
14 • Okay. So this would be in addition to your
15 salary of $42,000?
16 A Yes.
17 Q And this $5,000 bonus you would have received
18 in or about January 2008; is that correct?
19 A Not eight.
20 Q Pardon?
21 A Not eight. We did not get any bonus in 2008.
22 Q Okay. So when was the last time you received
23 a $5,000 bonus?
24 A I think 2007.
25 Q So it's been two years since you've gotten a
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1 bonus; is that correct?
2 A Let me see. Yes.
3 Q Okay. Did Mr. Epstein explain to you why he
4 wasn't giving you a bonus in the last two years?
5 A He did not personally told us.
6 Q Did someone tell you why you were not getting
7 a bonus?
8 A Janusz was informed, and Janusz informed me.
9 Q Okay. Did Janusz give you a reason why you
10 weren't getting a bonus?
11 A Because of the economy, that's what he said.
12 • Any other reason that he gave?
13 A No, sir.
14 Q Did you receive a $5,000 bonus for 2006 and
15 2005?
16 A It was different, it gradually increased.
17 • Okay.
18 A It was not the same amount.
19 Q What was the bonus in 2006 and 2005?
20 A 2005 was 2,000.
21 Q Uh-huh.
22 A And then the next is 5,000 and 5,000.
23 • Okay. So correct me if I am wrong, but in
24 January 2005 you received a $2,000 bonus?
25 A Yes.
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1 Q And at that point in time you had really just
2 started a month and a half before?
3 A No. I want to correct that. I receive a 500
4 after I started there November.
5 Q Yes. November of 2004 you started?
6 A At Christmas I receive, after Christmas I
7 receive $500.
8 Q Okay. So in January of 2005 you receive $500,
9 correct?
10 A Yes.
11 Q Then in January 2006 you received how much?
12 A 2,000.
13 Q And in January 2007 you received 5,000; is
14 that correct?
15 A Yes.
16 Q And in January 2008 you received no bonus?
17 A No.
18 Q Is that correct?
19 A Correct.
20 Q Correct, you received no bonus?
21 A No bonus.
22 Q And the same in January 2009, correct?
23 A Correct.
24 Q Has Mr. Epstein advised you, discussed with
25 you at all how much of a bonus you're going to receive
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• 1
2
after the holidays this year?
A No, sir.
3 Q Has anyone discussed with you what bonus you
4 will receive after the holidays this year?
A No.
6 0 Do you have any expectation as to what kind of
7 bonus you'll receive?
8 A I don't -- I did not expect anything.
9 Q You testified earlier about a who is the
10 housekeeper in New York, correct?
11 A Yes.
12 Q Now, when was the first time you met III in
13 person?
• 14
15
A
Q
In person? When I went to New York.
And when was the first time you went to
16 Now York?
17 A In 2006.
18 Q 2006. And was the reason you went to New York
19 in 2006 for Ms. Maxwell's party?
20 A No. It was III I think had a surgery.
21 Q Okay. And you were there to cover fur her
22 while she had surgery?
23 A Yes.
24 Q And how long were you there?
25 A I cannot remember, but after her surgery, then
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we left to Palm Beach.
2 Q Okay. You don't remember how long it was?
3 A I cannot remember, because I've been there
4 like four times, or more than four times.
5 Q More than four times?
6 A Yes.
7 Q Okay. So this first time when she had her
8 surgery, you were the housekeeper then in New York while
9 she was out, correct?
10 A Yes, sir.
11 Q But did she come into the house in New York
12 and that's how you met her while she was recovering, or
13 how was it that you met her at that time?
14 A We met her before her surgery, I met her
15 before her surgery.
16 see. Then she went and had her surgery.
17 Now, when you traveled to New York, did you go
18 on Mr. Epstein's plane?
19 A No, sir.
20 Q How did you travel to New York?
21 A Commercial.
22 Q So Mr. Epstein purchased you a ticket on an
23 airline to fly to New York?
24 MR. CRITTON: Form.
25 THE WITNESS: Yes, sir.
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• 2
BY MR. MERMELSTEIN:
O Now, let's talk about the other times that you
3 went, you traveled to New York. When was the next time
4 afLeL Lecover.ed fLum lies sulyety Uiat you went to
5 New York?
6 A I think when she went to the Philippines.
7 O Okay. She went for like a vacation to go to
8 visit her family?
9 A No. I'm not really good. There was time I
10 went there because I think I sometimes interchange, but
11 T went there one time herAuse to rover up for
12 Ms. Maxwell's housekeeper.
13 Q Okay.
• 14
15
A
Q
And when she was having a party.
Okay. So those are two separate times?
16 A Yes. Two separate times.
17 Q Both relating to Ms. Maxwell?
18 A No. The first one was -- first one to cover
19 up for III.
20 Q Right. I understood that. But after that,
21 when you came back --
22 A There was a time -- I don't know the sequence,
23 but you know, there was a time I have to cover up for
24 Ms. Maxwell's housekeeper.
25 Q I see. What's her name?
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1 A
2 Q And then there was another time where you went
3 to work for this party that she had, correct?
4 A Yes.
5 Q Okay. And the fourth time?
6 A When III went to the Philippines.
7 • Okay. About how long were these visits each
8 time?
9 A Sometimes a week, two weeks, then there was a
10 time I stayed there for like a month.
11 Q Which was that, when she had her surgery, III
12 had her surgery, or was this a different time?
13 A Oh, what's this? Let me see. I cannot
14 really, what's this?
15 Q Take your time, take your time.
16 A Oh. When, what's this, Ms. Maxwell's
17 housekeeper, I was to cover up for her because tor jury
18 duty. And then she was not part of the jury, so my stay
19 there was, like, extended. That's how I was able to
20 help with the party.
21 • She did not get on the jury?
22 A Yes. she was called.
23 • But you stayed anyway to help with the party?
24 A Yes.
25 Q I think I understand. Now, have you ever,
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• 2
while you've been employed by Mr. Epstein, traveled
anywhere else for work?
3 A No, sir.
4 Q Those trips to New York was the only time
5 you've traveled?
6 A Yes, sir.
Q You've never gone to New Mexico or to the
8 Virgin Islands for Mr. Epstein?
9 A No.
10 (Plaintiff's Exhibit No. 2 was marked for
11 identification.)
12 BY MR. MERMELSTEIN:
13 Q Let me show you what's been marked Exhibit 2.
• 14
15
Does it look like the paper that you were talking about
earlier where you wrote the names and the time?
16 A Yes, sir.
17 Q Okay. So this is kind of a notebook or a
18 message pad notebook that was I think you said located
19 by the pantry?
20 A Yes, sir.
41 Q Can you look through this and Lell me if any
22 of these, point out any of those that are in your
23 handwriting?
24 MR. REINHART: Take your time, look at each
25 one, and just tell him if you see any that you
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1 recognize your handwriting.
2 MR. CRITTON: You asked her to identify if she
3 sees anything in her writing?
4 MR. MERMELSTEIN: Yes.
5 THE WITNESS: (Shaking head.)
6 BY MR. MERMELSTEIN:
7 Q Okay. I understand your response is that you
B reviewed the various message slips included in Exhibit
9 No. 2 and none of them are your writing, correct?
10 A Yes, correct.
11 • But you do recall writing messages on this
12 type of pad for Mr. Epstein, correct?
13 A Correct.
14 MR. CRITTON: Stuart, that was exhibit what at
15 Mr. Rodriguez's deposition?
16 MR. MERMELSTEIN: Exhibit 1 at Mr. Rodriguez's
17 deposition.
18 MR. CRITTON: Okay.
19 BY MR. MERMELSTEIN:
20 O In the period 2004 to 2008 before Mr. Epstein
21 went to jail, do you recall whether there were females
22 who were sitting at the pool in the home at 358
23 El Brillo Way who were topless?
24 A There was one time.
25 • One time you remember. Tell me what happened
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that time.
2 A I was tidying the living room, then not
3 really -- there was like part of the wall, so I saw one
4 female there but not really, I saw it like this side
5 (indicating), so...
6 Q She was at the pool, or inside the house?
7 A This side, not really frontal, but on the side
8 I saw only -- I saw her side, not really like...
9 MR. REINHART: His question was, was she
10 inside the house or out by the pool when you saw
11 her from the side.
12 THE WITNESS: The question -- they were in the
13 pool.
14 BY MR. MERMELSTEIN:
15 Q Okay. So she was not wearing a bathing suit
16 top, correct?
17 A Yes.
18 Q Was she wearing a bathing suit bottom?
19 A I did not know.
20 Q And how did you -- did you do anything in
21 response to this?
22 A No. I went to, what's this, to kitchen and I
23 told Alfredo not to go to the pool.
24 Q And this was the only time you ever remember
25 seeing a girl who wasn't wearing a top at the pool?
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1 A Yes.
2 Q Were there frequently females at the pool to
3 the house?
4 A No. Not frequently.
5 Q Not frequently. Sometimes?
6 A Sometimes.
7 Q Mr. Epstein would travel with some females, I
8 think they would come on the plane with him to the
9 house; is that correct?
10 MR. CRITTON: Form.
11 BY MR. MERMELSTEIN:
12 Q You can answer.
13 A I cannot remember if they -- let me see.
14 remember . Because when Mr. Epstein arrives, most
15 of the time I'm already off.
16 • Let me ask the question this way: Were there
17 females other than who would come with Mr. Epstein
18 on the plane and stay at the house?
19 MR. CRITTON: Form, predicate.
20 BY MR. MERMELSTEIN:
21 Q Stay overnight at the house?
22 MR. CRITTON: Same.
23 THE WITNESS: I did not know if they came with
24 Mr. Epstein, I did not see.
25
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BY MR. MERMELSTEIN:
2 Q Okay. There were females who would stay
3 overnight at the house, but you're not sure how they got
4 Lu Lite house; is that fait to say?
5 A Yes.
6 Q Did any of the females who came to the kitchen
entrance to give a massage, did any of them stay
8 overnight?
9 A No, sir.
10 Q Never, correct?
11 A Yes, sir.
12 MR. CRITTON: Did you say correct and she said
13 yes?
• 14
15
MR. MERMELSTEIN:
MR. CRITTON: Okay.
Yes.
Thank you.
16 BY MR. MERMELSTEIN:
17 Q The girl at the pool who was topless, do you
18 recall what her name was?
19 A No.
20 • Do you recall how she got to the house or, you
21 know, what her purpose was in being there?
22 A I cannot remember.
23 • Was she a girl who had come to give
24 Mr. Epstein a massage?
25 MR. CRITTON: Form.
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1 THE WITNESS: No.
2 BY MR. MERMELSTEIN:
3 Q The females who came to give Mr. Epstein a
4 massage, did they ever use the pool?
5 MR. CRITTON: Form, predicate.
6 THE WITNESS: I did not see.
7 BY MR. MERMELSTEIN:
8 Q You don't know?
9 A I don't know.
10 Q And again, this girl you saw topless was the
11 only one you ever saw who was in any stage of undress in
12 the pool area at the house; is that fair?
13 A Yes.
14 Q You mentioned in your testimony earlier that
15 there was a back massager that was in Mr. Epstein's
16 bedroom, correct?
17 A In the massage room.
18 Q In the massage room. It was what, on the
19 floor, on the massage table, where did you find it?
20 A Sometimes on the, what's this, the table,
21 sometimes on the floor.
22 Q So this would be a regular thing, you would go
23 in the room to tidy up and you'd find this massager,
24 correct?
25 MR. CRITTON: Form.
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• 2
THE WITNESS:
BY MR. MERMELSTEIN:
Yes.
3 Q You referred to it as a back massager,
4 correct?
5 A Yes.
6 Q And did you do anything to this, did you put
7 strike that.
8 Did you put away this massager?
9 A I return it to the drawer.
10 Q Was that a drawer in the armoire?
11 A No. In the bathroom.
12 Q In the bathroom cabinet?
13 A Yes.
• 14
15
Q
A
Were there other items in the drawer?
Lotions.
16 Q So those wore maccagc itemo
17 MR. CRITTON: Form.
18 BY MR. MERMELSTEIN:
19 Q -- that were in the drawer?
20 MR. CRITTON: Sorry. Form.
21 THE WITNESS: From Bodyworks, aroma massage
22 therapy.
23 BY MR. MERMELSTEIN:
24 Q So there was Bodyworks lotions and this back
25 massager; is that correct, in the drawer?
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154
1 A Yes.
2 • Anything else in the drawer?
3 A That's all. And I put some, like, hand
4 towels.
5 Q In the drawer?
6 A Yeah. On the side.
7 Q Was there any -- was there just one drawer
8 that was used for these massage materials, or was there
9 more than one drawer?
10 A There is only one drawer.
11 Q Would you do anything to this massager before
12 ycu put it in the drawer?
13 A No. I just return it there.
14 • Did you ever clean it?
15 A There was one time I clean it.
16 Q One time you clean it. About how many times
17 did this happen that you picked up the massager and put
18 it in the drawer; did it happen many times?
19 A Yes.
20 Q So on this one occasion why did you clean it?
21 A Because I thought it was, like, dirty, so I
22 clean it.
23 • Explain to me how it was dirty.
24 A There is -- the color is -- like you know
25 when -- like there is stains or something, you know,
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• 2
when something is not clean.
cleanliness, so I...
So I very particular about
3 O Did you believe that there was a sexual fluid
4 on it and that's why you cleaned it?
5 A No.
6 MR. CRITTON: Form.
7 THE WITNESS: No.
8 BY MR. MERMELSTEIN:
9 Q Mr. Rodriguez testified that you disliked the
10 task of putting away the massage items because you had
11 to clean them of sexual fluids and that was unpleasant.
12 Is that not true?
13 MR. CRITTON: Form.
• 14
15
THE WITNESS:
BY MR. MERMELSTEIN:
Not true.
16 Q So Mr. Rodriguez would be lying about that,
17 correct?
18 A Yes.
19 Q The way I asked that question was sexual
20 fluids, and that may be an ambiguous term. What if I
21 used the term "body fluids," does that change your
22 answer at all?
23 A No.
24 Q It's the same, you never cleaned body fluids
25 off of a massager, correct?
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156
I A No.
MR. CRITTON: Wait. You said -- when he said
3 correct, you said no. Does that mean he's not
4 correct?
5 MR. REINHART: Did you ever clean body fluids
6 off of a massager?
7 THE WITNESS: I don't know if it's fluid,
8 so.. .
9 BY MR. MERMELSTEIN:
10 Q Did you ever clean body fluid off of any
11 massager?
12 MR. CRITTON: Form.
13 THE WITNESS: No.
14 MR. MERMELSTEIN: I pass the torch.
15 CROSS (
16 BY MR. HILL:
17 Q I'm the mysterious voice that was on the phone
18 before, and now you get the privilege of seeing me in
19 person. I'm teasing, the privilege is mine. I won't be
20 very long with you, I promi
IN THE CIRCUIT COURT OF THE FIFrEENTII JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL, DIVISION
L.M.,
Plaintiff,
vs. CASE No.
502008CA0280513OOOCMB AB
JEFFREY EPSTEIN,
Defendant.
DEPOSITION OF
VOLUME H
October, 20, 2009
10:10 a.m.
515 N. Flagler Drive
Suite 200-P
West Palm Beach, Florida 33401
Reported By: Teresa Whalen, RPR, FPR, Notary Public, State of Florida
Toll Free: 866.709.8777
Facsimile: 561.394.2621
S Suite 600
4440 PGA Boulevard
ESQUIRE •n Al noel. Vall•Compny
Palm Beach Gardens, FL 33410
wvnv.esoulresolutIons.com
EFTA00182476
•
•
•
EFTA00182477
131
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL DIVISION
CASE No.502008CA028051XXXXMB AB
L.M.,
Plaintiff,
-vs-
JEFFREY EPSTEIN,
Defendant.
DEPOSITION OF
VOLUME II
Tuesday, October, 20, 2009
10:10 - 3:30 p.m.
D15 N. Flagler Drive, Suite 200-P
West Palm Beach, Florida 33401
Reported By:
Teresa Whalen, RPR, FPR
Notary Public, State of Florida
West Palm Beach Office Job #118991
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE No.08-CV-80119-CIV-MARRA/JOHNSON
4 JANE DOE NO. 2,
Plaintiff,
-vs-
7 JEFFREY EPSTEIN,
Defendant.
Related cases:
08-80232, 08-80380, 98-80381, 08-80994,
10 08-80993, 08-80811, 08-80893, 09-80469,
09-80591, 09-80656, 09-80802, 09-81092
11 /
12
DEPOSITION OF
13 VOLUME II
14
Tuesday, October 20, 2009
15 10:10 - 3:30 p.m.
16
515 N. Flagler Drive, Suite 200-P
17
West Palm Beach, Florida 33401
18
19
20
21 Reported By:
Teresa Whalen, RPR, FPR
22 Notary Public, State of Florida
West Palm Beach Office Job 11118991
23 Phone:
24
25
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• APPEARANCES:
On behalf of the Defendant:
ROBERT D. CRITTON, JR., ESQUIRE
BURMAN CRITTON LUTTLER & COLEMAN, LLP
303 Banyan Boulevard, Suite 400
West Palm Beach, Florida 33401
Phone:
7 On behalf of Plaintiff L.M.:
BRADLEY J. EDWARDS, ESQUIRE
CARA L. HOLMES, ESQUIRE
ROTHSTEIN ROSENFELDT ADLER
401 E. Las Olas Boulevard, Suite 1650
10 Fort Lauderdale, Florida 33394
Phone:
11
12 On behalf of the Witness:
13 BRUCE E. REINHART, ESQUIRE
LAW OFFICE OF BRUCE E. REINHART
• 14 250 S. Australian Avenue, Suite 1400
West Palm Beach, Florida 33401
15 Phone:
16
17 On behalf of Defendants/Jane Does 2 - 8:
18 STUART S. MERMELSTEIN, ESQUIRE
MERMELSTEIN & HOROWITZ, P.A.
19 18205 Biscayne Boulevard, Suite 2218
Miami, Florida 33160
2C Phone:
21 On behalf of Plaintiff in related Case No. 08-80811
22 JACK HILL, ESQUIRE (Partially via speakerphone)
SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY
23 2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
24 Phone:
25
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134
1
2
3 INDEX
4
5
6 WITNESS: DIRECT CROSS REDIRECT RECROSS
7
8
9 BY MR. EDWARDS: 5 190
10 BY MR. MERMELSTEIN: 135 208
11 BY MR. HILL: 156
12 BY MR. CRITTON: 173
13
14
15 EXHIBITS
16
17
18 NUMBER DESCRIPTION PAGE
19 DEPENDANT'S EX. 1 COPIES, COMPOSITE PHOTOGRAPHS 103
20 DEFENDANT'S EX. 2 COMPOSITE PHONE MESSAGE BOOK 147
21 DEFENDANT'S EX. 3 COPY OF PHOTOGRAPH 162
22
23
24
25
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135
• 1
2
PROCEEDINGS
- -
3 Deposition taken before Teresa Whalen,
4 Registered Professional Reporter, Florida
5 Professional Reporter, and Notary Public in and for
6 the State of Florida at Large, in the above cause.
7
8 (Mr. Hill joined the proceedings in person.)
9 CROSS (
10 BY MR. MERMELSTEIN:
11 O Good afternoon. Is it all right if I call you
12
13 A Yes.
• 14
15
Q Okay. My name is Stuart Mermelstein, I also
represent some plaintiffs in these cases, and it is my
16 turn to ask you some questions.
17 We were talking about when Mr. Epstein was in
18 jail, which was between June 30th of 2008 and July of
19 2009; correct?
20 A Yes.
21 Q Now, during that time you weal. Lu work your
22 regular schedule at 358 El Brillo Way; is that correct?
23 A Yes.
24 • So you were working basically --
25 MR. CRITTON: She's not finished.
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136
1 BY MR. MERMELSTEIN:
2 Q I'm sorry. Go ahead.
3 MR. REINHART: Do you need to expand on your
4 answer?
5 BY MR. MERMELSTEIN:
6 Q Were you finished?
7 A I worked regular hours, but sometimes there
8 are times that I report eight, sometimes I report
9 nine o'clock.
10 Q And I believe
11 A It's flexible.
12 Q Okay. And it was after he left jail that you
13 started working at 6:00 a.m., correct?
14 A Yee.
15 Q So whether you start work at eight or nine is
16 your choice? When you say "it's flexible," it means you
17 can chose whether to come at eight or nine?
18 A Yes. When he was not there.
19 Q Okay. It didn't matter whether you there at
20 eight or nine when he was not there, correct?
21 A No.
22 Q And what kind of things did you do at the
23 house -- let me ask the question this way.
24 How were your duties different when he was not
25 there during the time he was in jail from when he would
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• 2
come there before he went to jail?
A When he was in jail?
3 • Yes.
4 A I clean the house.
5 Q You had less to clean, is that fair to say,
6 because Mr. Epstein, I assume, based on your testimony,
7 there were much fewer people in the house than before,
8 correct?
9 A Yes. I made inventory of the linens.
10 Q I'm sorry?
11 A Of the linens, I made inventory of the linens.
12 Oh. Inventory of the linens?
13 A Inventory.
• 14
15
Q Okay.
do to fill the time?
So you did that. And what else did you
16 A Wash the clothes that was in storage, you
17 know.
18 Q You washed clothes in storage?
19 A Yes. Because it was right there, so I just
20 wash it and then press if it needs pressing.
21 Q So he has clothes stored outside of Lhe house?
22 A No. In the house.
23 Q In the house. Okay. So even if they hadn't
24 been worn, you washed them, correct?
25 A And press them.
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138
1 MR. CRITTON: Form.
2 THE WITNESS: Yes.
3 BY MR. MERMELSTE:N:
4 Q What other type of things did you do while he
wasn't there?
6 A If there are plants, I attend to the plants.
7 Q Okay. Is that something you didn't do before
8 he went to jail?
9 A I do that also when before he went to jail.
10 0 Okay.
11 A If there are orchids or plants in the house,
12 then I attend to it.
13 Q I guess my question is what kind of projects
14 did you work on when he was not there to fill your time
15 after he went to jail?
16 A Cleaning, tidying, just going around the
17 house. If I see something that needs painting, I tell
18 Janusz.
19 Q Now, are you paid on the basis of a yearly
20 salary, or are you paid weekly or monthly; how does that
21 work?
22 A We are paid twice a month.
23 Q Okay. That's when you receive your pay?
24 A Yes.
25 Q I guess my question is this: Say you have to
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• 2
take a half a day of work off, do you get paid for that?
A Yes. In my situation.
3 Q I'm sorry. In your what?
4 A In my situation I was paid.
5 Q Okay. So you're on like a fixed salary, if
6 you miss some time you still get the same amount of
7 money, correct?
8 A Yes.
9 Q And I take it that during the period in which
10 Mr. Epstein was in jail, you continued to receive the
11 same salary, plus a raise, I assume, at the beginning of
12 the year; correct?
13 A Yes.
• 14
15
Q So you continued to receive the same salary
that you did before Mr. Epstein went to jail, correct?
16 A Yes, sir.
17 Q Did Mr. Epstein ever pay bonuses or any extra
18 money to you?
19 A Yes.
20 Q What kind of bonuses did you receive?
21 A Yearly bonus.
22 Q You get a yearly bonus. When is that paid, is
23 that paid at holiday time, Christmas time?
24 A After the year.
25 Q At the end of the year?
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1 A At the end of the year.
2 Q At New Years?
3 A New Years.
4 Q And this past year, when 2008 became 2009, how
5 much of a bonus did you receive?
6 A I did not receive any.
7 Q And what about before that, what kind of bonus
8 did you receive?
9 A The yearly bonus.
10 • Okay. What would be the amount of the yearly
11 bonus?
12 A Oh. For me? The last one I receive was
13 5,000.
14 • Okay. So this would be in addition to your
15 salary of $42,000?
16 A Yes.
17 Q And this $5,000 bonus you would have received
18 in or about January 2008; is that correct?
19 A Not eight.
20 Q Pardon?
21 A Not eight. We did not get any bonus in 2008.
22 Q Okay. So when was the last time you received
23 a $5,000 bonus?
24 A I think 2007.
25 Q So it's been two years since you've gotten a
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1 bonus; is that correct?
2 A Let me see. Yes.
3 Q Okay. Did Mr. Epstein explain to you why he
4 wasn't giving you a bonus in the last two years?
5 A He did not personally told us.
6 Q Did someone tell you why you were not getting
7 a bonus?
8 A Janusz was informed, and Janusz informed me.
9 Q Okay. Did Janusz give you a reason why you
10 weren't getting a bonus?
11 A Because of the economy, that's what he said.
12 • Any other reason that he gave?
13 A No, sir.
14 Q Did you receive a $5,000 bonus for 2006 and
15 2005?
16 A It was different, it gradually increased.
17 • Okay.
18 A It was not the same amount.
19 Q What was the bonus in 2006 and 2005?
20 A 2005 was 2,000.
21 Q Uh-huh.
22 A And then the next is 5,000 and 5,000.
23 • Okay. So correct me if I am wrong, but in
24 January 2005 you received a $2,000 bonus?
25 A Yes.
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1 Q And at that point in time you had really just
2 started a month and a half before?
3 A No. I want to correct that. I receive a 500
4 after I started there November.
5 Q Yes. November of 2004 you started?
6 A At Christmas I receive, after Christmas I
7 receive $500.
8 Q Okay. So in January of 2005 you receive $500,
9 correct?
10 A Yes.
11 Q Then in January 2006 you received how much?
12 A 2,000.
13 Q And in January 2007 you received 5,000; is
14 that correct?
15 A Yes.
16 Q And in January 2008 you received no bonus?
17 A No.
18 Q Is that correct?
19 A Correct.
20 Q Correct, you received no bonus?
21 A No bonus.
22 Q And the same in January 2009, correct?
23 A Correct.
24 Q Has Mr. Epstein advised you, discussed with
25 you at all how much of a bonus you're going to receive
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• 1
2
after the holidays this year?
A No, sir.
3 Q Has anyone discussed with you what bonus you
4 will receive after the holidays this year?
A No.
6 0 Do you have any expectation as to what kind of
7 bonus you'll receive?
8 A I don't -- I did not expect anything.
9 Q You testified earlier about a who is the
10 housekeeper in New York, correct?
11 A Yes.
12 Q Now, when was the first time you met III in
13 person?
• 14
15
A
Q
In person? When I went to New York.
And when was the first time you went to
16 Now York?
17 A In 2006.
18 Q 2006. And was the reason you went to New York
19 in 2006 for Ms. Maxwell's party?
20 A No. It was III I think had a surgery.
21 Q Okay. And you were there to cover fur her
22 while she had surgery?
23 A Yes.
24 Q And how long were you there?
25 A I cannot remember, but after her surgery, then
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we left to Palm Beach.
2 Q Okay. You don't remember how long it was?
3 A I cannot remember, because I've been there
4 like four times, or more than four times.
5 Q More than four times?
6 A Yes.
7 Q Okay. So this first time when she had her
8 surgery, you were the housekeeper then in New York while
9 she was out, correct?
10 A Yes, sir.
11 Q But did she come into the house in New York
12 and that's how you met her while she was recovering, or
13 how was it that you met her at that time?
14 A We met her before her surgery, I met her
15 before her surgery.
16 see. Then she went and had her surgery.
17 Now, when you traveled to New York, did you go
18 on Mr. Epstein's plane?
19 A No, sir.
20 Q How did you travel to New York?
21 A Commercial.
22 Q So Mr. Epstein purchased you a ticket on an
23 airline to fly to New York?
24 MR. CRITTON: Form.
25 THE WITNESS: Yes, sir.
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• 2
BY MR. MERMELSTEIN:
O Now, let's talk about the other times that you
3 went, you traveled to New York. When was the next time
4 afLeL Lecover.ed fLum lies sulyety Uiat you went to
5 New York?
6 A I think when she went to the Philippines.
7 O Okay. She went for like a vacation to go to
8 visit her family?
9 A No. I'm not really good. There was time I
10 went there because I think I sometimes interchange, but
11 T went there one time herAuse to rover up for
12 Ms. Maxwell's housekeeper.
13 Q Okay.
• 14
15
A
Q
And when she was having a party.
Okay. So those are two separate times?
16 A Yes. Two separate times.
17 Q Both relating to Ms. Maxwell?
18 A No. The first one was -- first one to cover
19 up for III.
20 Q Right. I understood that. But after that,
21 when you came back --
22 A There was a time -- I don't know the sequence,
23 but you know, there was a time I have to cover up for
24 Ms. Maxwell's housekeeper.
25 Q I see. What's her name?
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1 A
2 Q And then there was another time where you went
3 to work for this party that she had, correct?
4 A Yes.
5 Q Okay. And the fourth time?
6 A When III went to the Philippines.
7 • Okay. About how long were these visits each
8 time?
9 A Sometimes a week, two weeks, then there was a
10 time I stayed there for like a month.
11 Q Which was that, when she had her surgery, III
12 had her surgery, or was this a different time?
13 A Oh, what's this? Let me see. I cannot
14 really, what's this?
15 Q Take your time, take your time.
16 A Oh. When, what's this, Ms. Maxwell's
17 housekeeper, I was to cover up for her because tor jury
18 duty. And then she was not part of the jury, so my stay
19 there was, like, extended. That's how I was able to
20 help with the party.
21 • She did not get on the jury?
22 A Yes. she was called.
23 • But you stayed anyway to help with the party?
24 A Yes.
25 Q I think I understand. Now, have you ever,
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• 2
while you've been employed by Mr. Epstein, traveled
anywhere else for work?
3 A No, sir.
4 Q Those trips to New York was the only time
5 you've traveled?
6 A Yes, sir.
Q You've never gone to New Mexico or to the
8 Virgin Islands for Mr. Epstein?
9 A No.
10 (Plaintiff's Exhibit No. 2 was marked for
11 identification.)
12 BY MR. MERMELSTEIN:
13 Q Let me show you what's been marked Exhibit 2.
• 14
15
Does it look like the paper that you were talking about
earlier where you wrote the names and the time?
16 A Yes, sir.
17 Q Okay. So this is kind of a notebook or a
18 message pad notebook that was I think you said located
19 by the pantry?
20 A Yes, sir.
41 Q Can you look through this and Lell me if any
22 of these, point out any of those that are in your
23 handwriting?
24 MR. REINHART: Take your time, look at each
25 one, and just tell him if you see any that you
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1 recognize your handwriting.
2 MR. CRITTON: You asked her to identify if she
3 sees anything in her writing?
4 MR. MERMELSTEIN: Yes.
5 THE WITNESS: (Shaking head.)
6 BY MR. MERMELSTEIN:
7 Q Okay. I understand your response is that you
B reviewed the various message slips included in Exhibit
9 No. 2 and none of them are your writing, correct?
10 A Yes, correct.
11 • But you do recall writing messages on this
12 type of pad for Mr. Epstein, correct?
13 A Correct.
14 MR. CRITTON: Stuart, that was exhibit what at
15 Mr. Rodriguez's deposition?
16 MR. MERMELSTEIN: Exhibit 1 at Mr. Rodriguez's
17 deposition.
18 MR. CRITTON: Okay.
19 BY MR. MERMELSTEIN:
20 O In the period 2004 to 2008 before Mr. Epstein
21 went to jail, do you recall whether there were females
22 who were sitting at the pool in the home at 358
23 El Brillo Way who were topless?
24 A There was one time.
25 • One time you remember. Tell me what happened
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that time.
2 A I was tidying the living room, then not
3 really -- there was like part of the wall, so I saw one
4 female there but not really, I saw it like this side
5 (indicating), so...
6 Q She was at the pool, or inside the house?
7 A This side, not really frontal, but on the side
8 I saw only -- I saw her side, not really like...
9 MR. REINHART: His question was, was she
10 inside the house or out by the pool when you saw
11 her from the side.
12 THE WITNESS: The question -- they were in the
13 pool.
14 BY MR. MERMELSTEIN:
15 Q Okay. So she was not wearing a bathing suit
16 top, correct?
17 A Yes.
18 Q Was she wearing a bathing suit bottom?
19 A I did not know.
20 Q And how did you -- did you do anything in
21 response to this?
22 A No. I went to, what's this, to kitchen and I
23 told Alfredo not to go to the pool.
24 Q And this was the only time you ever remember
25 seeing a girl who wasn't wearing a top at the pool?
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1 A Yes.
2 Q Were there frequently females at the pool to
3 the house?
4 A No. Not frequently.
5 Q Not frequently. Sometimes?
6 A Sometimes.
7 Q Mr. Epstein would travel with some females, I
8 think they would come on the plane with him to the
9 house; is that correct?
10 MR. CRITTON: Form.
11 BY MR. MERMELSTEIN:
12 Q You can answer.
13 A I cannot remember if they -- let me see.
14 remember . Because when Mr. Epstein arrives, most
15 of the time I'm already off.
16 • Let me ask the question this way: Were there
17 females other than who would come with Mr. Epstein
18 on the plane and stay at the house?
19 MR. CRITTON: Form, predicate.
20 BY MR. MERMELSTEIN:
21 Q Stay overnight at the house?
22 MR. CRITTON: Same.
23 THE WITNESS: I did not know if they came with
24 Mr. Epstein, I did not see.
25
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BY MR. MERMELSTEIN:
2 Q Okay. There were females who would stay
3 overnight at the house, but you're not sure how they got
4 Lu Lite house; is that fait to say?
5 A Yes.
6 Q Did any of the females who came to the kitchen
entrance to give a massage, did any of them stay
8 overnight?
9 A No, sir.
10 Q Never, correct?
11 A Yes, sir.
12 MR. CRITTON: Did you say correct and she said
13 yes?
• 14
15
MR. MERMELSTEIN:
MR. CRITTON: Okay.
Yes.
Thank you.
16 BY MR. MERMELSTEIN:
17 Q The girl at the pool who was topless, do you
18 recall what her name was?
19 A No.
20 • Do you recall how she got to the house or, you
21 know, what her purpose was in being there?
22 A I cannot remember.
23 • Was she a girl who had come to give
24 Mr. Epstein a massage?
25 MR. CRITTON: Form.
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1 THE WITNESS: No.
2 BY MR. MERMELSTEIN:
3 Q The females who came to give Mr. Epstein a
4 massage, did they ever use the pool?
5 MR. CRITTON: Form, predicate.
6 THE WITNESS: I did not see.
7 BY MR. MERMELSTEIN:
8 Q You don't know?
9 A I don't know.
10 Q And again, this girl you saw topless was the
11 only one you ever saw who was in any stage of undress in
12 the pool area at the house; is that fair?
13 A Yes.
14 Q You mentioned in your testimony earlier that
15 there was a back massager that was in Mr. Epstein's
16 bedroom, correct?
17 A In the massage room.
18 Q In the massage room. It was what, on the
19 floor, on the massage table, where did you find it?
20 A Sometimes on the, what's this, the table,
21 sometimes on the floor.
22 Q So this would be a regular thing, you would go
23 in the room to tidy up and you'd find this massager,
24 correct?
25 MR. CRITTON: Form.
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• 2
THE WITNESS:
BY MR. MERMELSTEIN:
Yes.
3 Q You referred to it as a back massager,
4 correct?
5 A Yes.
6 Q And did you do anything to this, did you put
7 strike that.
8 Did you put away this massager?
9 A I return it to the drawer.
10 Q Was that a drawer in the armoire?
11 A No. In the bathroom.
12 Q In the bathroom cabinet?
13 A Yes.
• 14
15
Q
A
Were there other items in the drawer?
Lotions.
16 Q So those wore maccagc itemo
17 MR. CRITTON: Form.
18 BY MR. MERMELSTEIN:
19 Q -- that were in the drawer?
20 MR. CRITTON: Sorry. Form.
21 THE WITNESS: From Bodyworks, aroma massage
22 therapy.
23 BY MR. MERMELSTEIN:
24 Q So there was Bodyworks lotions and this back
25 massager; is that correct, in the drawer?
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1 A Yes.
2 • Anything else in the drawer?
3 A That's all. And I put some, like, hand
4 towels.
5 Q In the drawer?
6 A Yeah. On the side.
7 Q Was there any -- was there just one drawer
8 that was used for these massage materials, or was there
9 more than one drawer?
10 A There is only one drawer.
11 Q Would you do anything to this massager before
12 ycu put it in the drawer?
13 A No. I just return it there.
14 • Did you ever clean it?
15 A There was one time I clean it.
16 Q One time you clean it. About how many times
17 did this happen that you picked up the massager and put
18 it in the drawer; did it happen many times?
19 A Yes.
20 Q So on this one occasion why did you clean it?
21 A Because I thought it was, like, dirty, so I
22 clean it.
23 • Explain to me how it was dirty.
24 A There is -- the color is -- like you know
25 when -- like there is stains or something, you know,
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• 2
when something is not clean.
cleanliness, so I...
So I very particular about
3 O Did you believe that there was a sexual fluid
4 on it and that's why you cleaned it?
5 A No.
6 MR. CRITTON: Form.
7 THE WITNESS: No.
8 BY MR. MERMELSTEIN:
9 Q Mr. Rodriguez testified that you disliked the
10 task of putting away the massage items because you had
11 to clean them of sexual fluids and that was unpleasant.
12 Is that not true?
13 MR. CRITTON: Form.
• 14
15
THE WITNESS:
BY MR. MERMELSTEIN:
Not true.
16 Q So Mr. Rodriguez would be lying about that,
17 correct?
18 A Yes.
19 Q The way I asked that question was sexual
20 fluids, and that may be an ambiguous term. What if I
21 used the term "body fluids," does that change your
22 answer at all?
23 A No.
24 Q It's the same, you never cleaned body fluids
25 off of a massager, correct?
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I A No.
MR. CRITTON: Wait. You said -- when he said
3 correct, you said no. Does that mean he's not
4 correct?
5 MR. REINHART: Did you ever clean body fluids
6 off of a massager?
7 THE WITNESS: I don't know if it's fluid,
8 so.. .
9 BY MR. MERMELSTEIN:
10 Q Did you ever clean body fluid off of any
11 massager?
12 MR. CRITTON: Form.
13 THE WITNESS: No.
14 MR. MERMELSTEIN: I pass the torch.
15 CROSS (
16 BY MR. HILL:
17 Q I'm the mysterious voice that was on the phone
18 before, and now you get the privilege of seeing me in
19 person. I'm teasing, the privilege is mine. I won't be
20 very long with you, I promi