EFTA02726436.pdf

Pace Page 3 UNITED STATES DISTRICT COURT 1 Appearances rationed: SOUTHERN DISTRICT OF FLORIDA 2 On behalf of the Defendant, Jeffrey Epstein: 3 ROBERT D. CRITTON, JR., ESQUIRE CASE NO. 502008CAO2S05130000.03 AB MARK T. LUTHER ESQUIRE i LUTTIER & COLEMAN, LLP i 4 fg a Plaintiff. -vs. VOLUME I OF II JEFFREY EPSTEIN. 6 one: Defendant 7 On behalf oi 1, Jeffrey Epstein: 8 JACK ALAN GOLDBERGER, ESQUIRE A URY GOLDBERGER & WEISS, PA. 9 VIDEO-CONTERD4CED AND VIDEOTAPED MORMON OFI. 10 Tbunnky, September 24,2009 one 9:40.5:52 p.m 11 12 13 ALSO PRESENT: Jeffrey Epstein, via video conference Michael Downey, Videographer 14 Visual Evidence, Incorporated 15 16 IN DEX VOLUME I 3.7 Repotted By: 18 Cynthia Hopkins, RPR, FPR 19 WITNESS: DIRECT CROSS REDIRECT RECROSS Notary Public. State of Florida 20 Prose Coal Reporting 21 22 LIMIER 10 23 24 25 Page 2 Page 4 1 APPEARANCES: 1 P ROCEEDINGS 2 On behalf of for Plainti 2 3 BRAD J. EDWARDSS,... RoSENFT_:LOr, AM I R 3 THE VIDEOGRAPHER: We're on the videotape 4 4 record. This is the 24th day ofMI., the 5 year The time is approximately 9:46 a.m. 6 This is the videotape deposition of■ in the 6 7 1tAl: On beli.z.24 7 matter of fl Plaintiff versus Epstein, Defendant. SE' . KUVfN, ESQUIRE a This deposition is being held at. 9 9 My 10 name is Michael Downey. IM the videographer 10 Phone: 11 employed by Visual Evidence. 11 12 Will the attorneys please announce their 12 On behalf o 13 ADAM RE :3 appearances for the record. ROWITZ. P.A. 14 MR. EDWARDS: Brad Edwards representing.. 14 15 MR. HOROWITZ: Adam Horowitz, counsel for is 16 Plaintiffs 17 MR. KUNIN: Spencer Kuvin on behalf of 16 17 18 19 MR. GOLDBERGER: Jack Goldberger on behalf of 19 19 20 Jeffrey Epstein. 20 21. MR. CRITTON: Bob Critton on behalf of Jeffrey 22 Epstein. 23. MR. LUITIER: Mark Luther on behalf of 22 23 23 24 Jeffrey Epstein. 24 25 MR. EDWARDS: Before we get started, I know 25 Fek 1 (Pages 1 to 4) PROSE COURT REPORTING AGENCY, INC. EFTA02726436  Page 5 Page 7 1 that we're going to use teal names during this 1 anonymity here. And I am not going to agree to 2 deposition rather than pseudonyms. I just want to 2 that, so — 3 make sure that we're all on the same page that when 3 MR. CRITTON: Well, l can tell you I wouldn't 4 the court reporter types it up, it's going to be 4 put a video on. I would not put a video that would 5 typed up in the transcript as the initials like we 5 identify this individual, you're client's face. 6 have in previous depositions. 6 All right. I would do nothing to identify her 7 MR. CRITTON: That, that's fine, but keep in 7 face. So, her anonymity would be, quote, unquote, 8 mind that we need, because a number of the 8 preserved if that's your issue. 9 individuals have multiple first initials and you 9 MIL EDWARDS: My issue is only preserving her 10 have used initials that don't even match your 10 anonymity. So, I mean, are we in agreement that 11 clients names. 13. this is not going to be a video published in a 12 So we're going to have to — Cindy, you're 12 public forum or any way outside of use in a 13 going to need to, ultimately when you finish, if 13 courtroom to be seen by the judge? 14 this is agreeable with everyone, I think we did 14 MR. CRITTON: To the extent her picture or her 15 this before is type up a key and then you can give 15 name would be used, I agree with that. Other than 16 that only to the lawyers and do that as just a 16 that, just go to the court. And as i said, you can 17 privileged or as a confidential document, so that 17 file a motion with the court. if your position is 18 we can insert those 18 is that the deposition, again assuming there is 19 MR. EDWARDS: Along those same lines, as this 19 complete anonymity and her face is blotted out, 20 is being videotaped, I imagine in agreement amongst 20 that the video cannot be filed with the court or 21 the parties this will remain confidential except in 21 used in some other fashion, right, I agree. We're 22 the case that there is a court order that the 22 not going to do anything that in any way impacts 23 videotape and her image is made public in any way. 23 the anonymity absent an order from Judge Hafele in 24 So, if it's going to be made public in any way, 24 this particular case. 25 then, !just ask that it only happen by way of some 25 MR. EDWARDS: All right. We're in agreement Page 6 Page 8 1 court order, either by way of Marra or Judge 1 then. Okay. 2 Hafele. 2 MR- CRITTON: But, but I want to be clear, it 3 MR. CRITTON: This is only being done in the 3 is to the extent that if the, you still need to 4 ■case. And I will tell you what you can do 4 file a motion with the court to the extent that you 5 is we won't agree to that because Mr. )(Irvin 5 don't, that it's your position that even if her 6 apparently gave Mr. Epstein's video to Jose 6 face was blotted out and even if no names are used, 7 Lambiet, which was then immediately put on the 7 and you think that the video is to remain 8 Post, and then ended up on, all over the country. confidential, then you should file something with 9 And be certainly had no issue associated with 9 the court. And I'll give you, like I said I will 10 confidentiality. So, whatever rules apply. 10 give you ten days so you can proceed to file that 11 What I will tell you is with regard to the 11 motion. 12 video today, we'll give you whatever time you think 12 MR. EDWARDS: Okay. So it's your intention to 13 is necessary -- well, let's do it this way: Within 13 use Ibis video, blot her face out and then post it 14 ten days fiom today you file a motion for 14 somewhere? 15 protective order in front of Hafele with regard to 15 MR. CRITTON: I have no intentions at all. 16 this deposition, and we'll agree that it will 16 MR. EDWARDS: Okay. 17 not — we won't touch it. 17 MR. CRITTON: And if you had brought this up 18 Mil. EDWARDS: I don't see how that's necessary 18 in a motion earlier, I would have addressed it at 19 since we already have the Judge's agreed, we have 19 the same time. 20 an agreed order that we can proceed anonymously. 20 MR. EDWARDS: I think we're all on the same 21 Judge Hafele, as you know, has been very careful in 21 page that the victims in this case are to remain 22 instructing yourself and everybody else in this 22 anonymous. i mean, everybody has been warned 23 case that these individuals are to remain 23 repeatedly about using names outside of the 24 anonymous. And obviously publishing this video in 24 pseudonyms and exposing faces, things like that, to 25 any public forum will decrease or eliminate any 25 the public outside of the court. 2 (Pages 5 to 8) PROSE COURT REPORTING AGENCY, INC. EFTA02726437  Page 9 Page 11 MR. CRITTON: I am aware of the court order. 1 I don't know. 2 I am also aware that is a public 2 Q. Okay. How many times have you been deposed? 3 figure now because her lawyers chose to disclose 3 A. Once that I know of. 1 4 her name. 4 Q. Am you referring to an incident where you MR. EDWARDS.: Right. And that was her choice. gave a sworn statement to the FBI? Is that what you are 4 6 MR. CRi'TON: Everything associated with the 6 7 referring to? A. Yes, sir. I 7 her is public. 8 MR. EDWARDS: Right. 8 Q. That's what you — when you said you were 9 MR CRITTON: Tm aware of the other court 9 deposed one time, that's the incident that you're 10 orders in, that are in place and I think, well, I 10 referring to? 11 think we have said enough. 11 A. Yes, sir. 12 MR. EDWARDS: Okay. Agreed. 12 Q. What is ur current address? 13 MR. LUTTIER: Would you please state your 13 A. 14 name. 14 15 THE COURT REPORTER: I need to swear the 15 Q. And is that an apartment? 16 witness. 16 A. Yes, sir. 17 MR. LUTTIER: Okay. 17 Q. kit in a development? 18 Thereupon, 18 A. Yes, sir. 19 19 Q. What development is it in? 20 having been first duly sworn or affirmed, was examined 20 A. 21 and testified as follows: 21 Q. And where is that located? 22 DIRECT EXAMINATION 22 A. 23 BY MR. LUTTIER: 23 Q. How Ion have u lived there? 24 Q. Would you please state your full name, ma'am. 24 A. 25 A. El. 25 Q. And does anybody live with you at that address Page 10 Page 12 fi 1 Q. What's your middle name? 1 currently? 2 Al 2 A. My son. 3 Q. (Mr. Luttier spelled her middle name.) 3 Q. And what is your son's name? 4 A. Yes. 4 THE WITNESS: Do I have to say my son's name? S Q. is there. at the end of it? 5 MR. EDWARDS: lam, lam going to instruct her 6 A. No. 6 not to answer. This is a minor child and she's 7 Q. Okay. n., have you ever been deposed 7 going to her son out of this litigation. This 8 before? 8 is a boy. 9 A. Yes. 9 MR. LUTTIER: Is that some basis - 10 Q. When was the last time you were deposed? 10 THE WITNESS: i don't know why it's relevant 11 A. The date was — I don't know when the date 11 to to have my son's name. I have a 12 was, but it was the last time with Jeffrey Epstein. 12 son. 13 Q. What do you mean by "with Jeffrey Epstein"? 13 MR. EDWARDS: Yeah, the basis of the objection 14 A. i was deposed with Jeffrey Epstein on 14 is that your client is a convicted felon and a sex 15 behalf - I don't know, Jim Eisenberg, the guy who is 15 offender. This is a victim and she is in fear for 16 actually upstairs from here. I don't know the name. 16 the safety of her son. And because of that fear, 17 Q. Who do what guy is upstairs? Who are you 17 she's not going to provide an ore identifying 18 information about her son. 18 talking about? 19 A. You know the last time I was deposed. 19 BY MR. LUTTIER: 20 Q. I don't know of any, ma'am. I assure you I 20 Q. Do you adopt what your lawyer just said? 21 don't know of any time you have been deposed, so that's 21 MR. EDWARDS: Don't answer. 22 what I am trying to find out 22 THE WITNESS: I agree. 23 A. You don't. 23 MR. EDWARDS: Don't answer. 24 Q. No. 24 BY MR LUTTIER: 25 A. Okay. When was the last time i was deposed? 25 Q. Do you have some fear for the safety of your 3 (Pages 9 to 12) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA02726438  Page 13 Page 15 1 son? 1 Q. All right. So, you have a 2 A. Yes, sir. 2 Somewhere I think I read his name was 3 Q. And what is your fear? 3 or something like that. And have you and he lived just 4 A. Are you kidding me? What is my fear? 4 the two of you at this apartment since at 5 Q. I can tell you, ma'am, there is nothing here 5 A. Yes. 6 at all today that I am going to be asking you that's a 6 Q. Has anyone else lived with the two of you at 7 joke or that I am kidding you about. 7 that apartment since a A. Okay. 8 A. Yes. 9 Q. Okay. So what is the fear that you have for 9 Q. Who else has lived there? 10 your son? 10 A. 11 A. I don't lmow if you have kids — 11 Q. How do you spell that last name? 12 Q. Yeah, I do, ma'am 12 13 A. All right. Well, then, if you were in this 13 Q. And for what period of time has 14 deposition, Lam in fear that this, this criminal, 14 lived there? 15 Jeffrey Epstein, could harm him in some way bier on in 15 A. For seven months now. 16 life like he's harmed me and many other women or girls 16 Q. Is he living there now? 17 as that. And I don't want this to be publicity later on 17 A. Yes. 18 in life for him to see what his mother has been through. 18 Q. And is there some relationship between 19 That's why I am in fear for him. 19 and yourself? 20 Q. Okay. Can you tell me specifically what it is 20 A. Yes. 21 that you fear, what specific -- 21 Q. What is that relationship? 22 A. I just told you. 22 A. He is my current boyfriend. 23 Q. And what is occupation? 23 Q. — act that you fear is going to happen to 24 your son? 24 A. He is —he does 25 A. Psychological, mental physical matters for my 25 Q. Does he week for someone or is he Page 14 Page 16 1 son. 1 self-employed? 2 Q. Can I, can I assume that you would take 2 A. He works for 3 whatever steps you deem necessary to protect your son 3 Q. Has anyone else ever lived with you and your 4 any time you felt that he was in any kind of danger? 4 son since MINIM) 5 A. Yes, sir. 5 A. No, sir. 6 Q. And could I assume that historically, that is 6 Q. Prior to, that is immediately before you moved 7 throughout his life as long as he has been bom, you 7 into the where did you live? 8 have always done anything you could to protect him from 8 A. On 9 any situation where he was put in danger; is that right? 9 Q. What was the address? 10 A. Yes, sir. 10 A. Prom what I recall El Min 11 Q. And if somebody puts your son in danger, you 11 12 know how to file a lawsuit against them and protect them 12 Q. And whereabouts is that located in IMIE) 13 and things like that, right? 13 A. On 14 A. Yes, sir, but I don't want to get to that 14 Q. What kind of structure was that? 15 point. mat's why I am not going to disclose his name. 15 A. A townhouse. 16 Q. Well, you have filed this lawsuit, right? 16 Q. And how long did you live there? 17 A. For mY, for my sake, yes. 17 A. I lived there for about seven months. I'm not 18 Q. And you would file a lawsuit to protect your 18 really sure on that. 19 son if that's what you had to do, would you not? 19 Q Okay. Since approximately somewhere around 20 A. Yes, i would. 20 21 Q. Would it be a fair statement to say that your 21 A. I'm, I'm really not sure. 22 mo Maybe — you know what, it was llig. n. 22 son is the most important thing to you in your life? 23 A. Yes. 23 24 Q. Okay. 24 Q. Okay. And something, it sounds like something 25 A. Yes, yes, yes. 25 that you were able to refer to that triggered your NEMAIrIO Niada. 10.0W9MV •thik.••••• ••••HA 4 (Pages 13 to 16) PROSE COURT REPORTING AGENCY, INC. EFTA02726439  Page 19 Page 17 1 A. I have to take the exam in order for me to get 1 memory as to when that was? A Yes. 2 the certificate to be licensed. 2 3 Q. What was, what incident that triggered your 3 4 alliiMISONS being 4 mano ab ten that was? throug h? 5 something separa te that you have to go 5 A. 6 tor me to get licensed to be a 6 7 a Q. A. Yes. ? Q. How do you know the there someth ing that trigg -- was that you 7 8 10 grili , I have to take something called the , I think it's called. And after I pass the test, then I will receive my license. studies a 10 recalled about that day? 11 A. Yes, because I t ved in before and I 11 12 had to get th up. 12 13 Q. Did anyone --I your son lived with you 13 Q. ? 14 A. 14 when you were started? 15 A. Always. 15 Q. one else live with you while you werem 16 A. Yes. 16 . ' 17 Q. Had you ever attended that institution before? 17 a A. No, sir. 18 A. Yes. 18 19 Q. When had you previously attended that 19 Q. Are you currently employed? A. No, sir. 20 institutaia 20 21 Q. What are your -- what is your current means of 21 22 Q. Do you recall when? 22 support? 23 A. No, sir. 23 A. I have a loan from school. 24 Q. Was it located at the same location when 24 Q. And wh ilia 25 A. 25 You — Page 20 Page 18 Q. An wh 1 A. Yes, sir. 1 2 Q. — attended there previously? And for what 2 A. 3 4 Q. And are you pursuing some course of study 3 4 5 ...r aelic purpose had you pre: 5,1ot 5 there? 6 Q. was that? 6 A. Yes. Q. Skis of study are you pursuing? 7 7 was long you attended it is 8 A. 9 9 Q. Is that an institution where you obtain a 10 A. Yes, sir. 10 degree upon completion of your studies? A 11 Q. And then upon completion of that course of 11 12 rote then take a test and get a license as an 12 I can be 13 Q. When you complete your studies there, what 14 A. Yes. 14 15 Q. And about when did you get your lice 15 will you get to signify that you have completed that 16 A. I am pretty sure it was the beginning 16 course of study? 17 And that licensure was issued by the 17 18 A. I wool would be to Q. So, would you get a certificate? and I 18 19 Si A. Yes. 19 20 Q. Did you your license after you got it in 20 A. Yes. Q. And that after you get your certificate, 21 the beginning of II? 21 22 A. Yes. 22 you're required to take some kind of exam? A. Yes. 23 Q. How did yomili mi 23 24 A. I worked at 24 Q. Or do you have to take the exam to get the 25 Q. What's the name of that? 25 certificate? 5 (Pages 17 to 20) PROSE COURT REPORTING AGENCY, INC. EFTA02726440  Page 23 Page 21 1 A Mt. 1 at a EDWARDS: Object to the form. 2 MR. 2 Q. How do u spell that? 3 THE WITNESS: No. Fm not sure. 3 A. 4 MR. LUTTIER: Okay. 4 Q. WITNESS: Maybe a couple months before 5 6 A. Ycs. Q. And where is that located? 5 6 7 ar I'm not sure. There is record on my have pay stubs. I don't know. 7 A. That is located 8 BY Mit. 9 Q. Okay. How did you get that job? 9 10 A. I filled out a resume and I walked into the 10 (Ms. Ezell entered the deposition.) BY MR. LIMITER: 11 place and I asked for a job. 11 12 Q. And do you have a copy of your resume? 12 Q. Is that in like a strip mall center? 13 A Yes. Not with me. 13 A. Yes. do 14 Q. Did you know anyone at that place of business? 14 Q. And what did was 15 A. No. 15 A. I 16 Q Was that the only place of business that you 16 Q. What • 17 submitted your resume to? 17 A. Fad what perfon nadid does 18 A. No, sir. 18 Q And 19 Q. Who else did submi 19 A. I 20 A. To a couple.. aroun 20 . And and basicall that kind of thin 21 Q. Did you interview for the job? 21 22 other jobs. I interviewed for 22 A. No sir. 23 23 e attd they took mc in. 24 Q. Do you recall who you interviewed with? 24 25 A No, sir. 25 Page 24 Page 22 Q. Did you know anyone a before 1 i ind for what period of time did you work at 1 i 2 you went to work there? 2 3 MR. EDWARDS: Object to the fonn. 3 A. That's when the economy kind of went down, so 4 THE WITNESS: I told you, no, sir. 4 I didn't work there for a long period of time because 5 BY MR. LUTITER: 5 they were allowing me so many hours. I want to say 6 Q. Did you know anyone else that had ever 6 three months. 7 worked - 7 Q. And that, would that be starting in the 8 beginning a, like ? 8 9 A. No, sir. Q. - there? And what were the terms of your 9 A. I don't want to say because I'm not positively sure. 10 employment? 10 11 A. I worked, sometimes I would work four hours 11 Q. So, let me ask you this: Is that your best 12 from 9 to — sometimes I would work from well, 9 to 1 12 estimate? I was pretty 13 three days a week, and other 13 THE WITNESS: Okay. Bless you. had opened and 14 much on call because they just 14 MR. EDWARDS: Excuse me. Excuse me. that time, and she 15 the economy was going down at 15 THE WITNESS: Sometime maybe after... much as I 16 couldn't really afford to have me there as 16 MR. LUTTIER: Of I? 17 wanted to be there. 17 THE WITNESS: But like I said, Fm not sure. 18 Q. Who is the "she" you're referring to? 18 BY MR. LLTTTIER: of 19 A. I don't remember her name. 19 Q. That's after 20 Q. Was it the owner? 20 A. Yes, sir. I am not exactly sure. 21 A. Yes. 21 Q. Okay. I understand it's your estimate and 22 Q. And you don't -- do you recall the name of who 22 your best estimate is you worked there for approximately 23 your supervisor was or the person that you reported to? 23 three months? 24 A. No, sir. 24 A. Yes, sir. to about.. 25 Q. Do you recall the name of anyone at 25 Q. Which would take you from 6 (Pages 21 to 24) PROSE COURT REPORTING AGENCY, INC. EFTA02726441  Page 27 Page 25 1 A. Yes, sir, but that never ended up, that never 1 a st was employed there or an owner there? 2 went through. 2 A. No, sir. I didn't et close to anyone there. 3 Q. So there did come a time that the basis of 3 I just, I was the only 4 your, the terms of your employment in terns of how you 4 Q. How many other employees were there? 5 got paid changed? 5 A. There was actually only three other employees. 6 A. I'm going to say no because she said that I 6 Q. Do you know the names of the other employees? 7 was going to make commission. No one came in. Okay. 7 A. No, sir. 8 So I didn't make any commission. 8 . What other services were rendered at Milli 9 Q. So she continued to pay you hourly? 9 10 A. Yes, sir. 10 A. 11 Q. Were you supposed to get commissions on top of 11 Q. Anything 12 your hourly wages? 12 A. No, sir. 13 A. If I worked there longer, yes, but no. 13 HMI 14 Q. And you still don't know the name of this 14 Q. And what were the terms of your employment in 15 person that you have referred to as "she"? 15 terms of what you got paid? 16 A. No, sir, l don't 'mow the name of anyone 16 A. 'think she started me off at -- here again 17 there. 17 am not sure. I think she started me off around ■ 18 Q. Okay. Did you participate in any type of 18 maybe. 19 promotion for the business? 19 Q. Per hour? 20 A. No, sir. 20 A. Yes. And then gradually I would work by 21 Q. Any kind of advertisement or anything like 21 commission but not many people came in. So, all in all 22 that? 22 it didn't really work out financially for myself and my 23 A. No, sir. 23 family. 24 Q. Was your name or likeness, picture or likeness 24 Q. Did there come a time that she increased the 25 used in any ldnd of promotions? 25 hourly wage — Page 28 Page 26 1 A. No, sir. 1 A. No, sir. 2 Q. Were you given any information from the owner 2 Q. — that you were being paid? 3 of this .as to how to solicit clients? 3 A. No, sir. 4 A. No, sir. 4 Q. Did there — when you originally were hired, ra at the 5 . When u other th 5 were you hired on an hourly basis? starting in 6 6 A. Yes, sir. 7 ' had you attended that institution on any 7 Q. Did there cons a time that the basis of your B prior occasion before that? 8 employment or your pay changed? 9 A. No sir. 9 A. No, sir. 10 Q. So the first lime you wart 10 Q. So, you were always paid hourly by the owner 11 there? 11 of the establishment? 12 MR. EDWARDS: Object to the form? 12 A. Yes. nsation from 13 BY MR. LUTTiER: 13 Q. Did you receive any other compe t ' examp le, 14 Q. Correct? Was 14 anyone else while you were working there? For 15 you went to the 15 did people or clients of yours that you did work on give 16 MR. EDWARDS: Object to the form. 16 you tips? 17 THE WITNESS: What does this mean? 17 A. No, sir. 18 MR. EDWARDS: You can answer if you know the 18 Q. You mentioned something in an earlier answer What did you mean by 19 answer. If you don't know the answer -- 19 about being on a corrmission basis. I went 20 THE WITNESS: Fr 20 that? two off of 21 there. I attended the 21 A. As time went on she said you can work 22 times. 22 commission, but no one came in. I didn't make a 23 MR. LUTHER: Okay. 23 commission. and one right 24 THE WITNESS: Okay. One in l 24 Q. Did you agree to change the terms of your