EFTA01735344.pdf

EFTA_R1_00017548 EFTA01735344  1 Page 127 Page 129 1 APPEARANCES: 1 PROCEEDINGS 2 On behalf of the Plaintiffs in related cases 2 --- Nos. 08-813069, 08-80119, 08-8023Z 08-80380, 3 THE VIDEOGRAPHER: Were back on the record at 3 08-80381, 08-80993, 08-80994: ATA.1111 uno nun1-7 rent mar 4 12:19 n.m. This is marks.the heainnin¢ of lane 2. EFTA_R1_00017549 EFTA01735345 EFTA_R1_00017550 EFTA01735346  Page 50 Page 52 1 you first went to Mr. Epstein's home in the latter part 1 Q. Okay, Fm asking you. Fm don't want to trick 2 of your junior year, which would have been sometime 2 you here. I just want to make certain that you 3 April, May of 2004? 3 understand -- 4 A. When I first went there? 4 A. No, that's fine. I just wish we could move 5 Q. Yes, ma'am. 5 past this. 6 A. No. 6 Q. Then in paragraph 14 the allegation is that 7 Q. Okay, what is it now? 7 you — and Fm paraphrasing -- is that you returned on 8 MR. HOROWITZ: Form. 8 many occasions to Mr. Epstein's home over a period of 18 9 THE WITNESS: Why did you try to trick me like 9 to 24 months, right? 10 that when I told you — 10 A. Yes. 11 BY MR. CRITTON: 11 Q. All right. So 18 to 24 months would be 12 Q. I'm not trying to trick you. You have said 12 another year and a half to two years, which would now 13 about 19 different things. I'm going to ask a clean 13 be, based on what you are testifying today, would have 1,A emcw.fin. e.. momhs web &ea not c. tmetstar frnm 14 beam sometime in 'Al thmuph sometime in '05. right? _ 19 end of my sophomore year or the beginning of my junior 19 don't remember how many months exactly. I don't — but 20 year. I don't really remember the exact dates. 20 if you go by this, then yes. 21 Q. If it was the end of your sophomore year, that 21 Q. Okay. 22 would have put it sometime in 2003, right? 22 A. I don't remember, I don't recall dates, and 23 A. Yes. 23 fm sorry, like I don't remember the first time I went 24 Q. Okay. If it was the beginning of your junior 24 there, I don't remember the date when ] first went 25 year, it still would have been sometime in '03, but you 25 there. I don't remember the month. !just remember Page 51 Page 53 1 would have now been 16 years old, correct? 1 being in gym class with H.R. was the first time. 2 A. Yes. 2 Q. Then if I go to your answers to 3 Q. Whereas if it was the latter part of your 3 interrogatories, which are Exhibit 2, question 15, where 4 sophomore year, you would have been 15? 4 it says "Plaintiff' — this is your answer under oath, 5 A. Ycs. 5 okay? There is no lawyer. 6 Q. So the complaint, Exhibit 1, where it says you 6 In fact, the only lawyers that were there were 7 first went in 2004, that's not true, correct? 7 Ms. Arbour, paralegal and now lawyer. So you are 8 MR. HOROWITZ: Object to form. 8 certainly not -- well, let me strike that. 9 BY MR. CRITTON: 9 When you answered these interrogatories, you 10 Q. Well, let me go back to it again. 10 did them in conjunction as reflected in answer number 11 Paragraph nine where it says "In or about 2004 11 one with Ms. Arbour, who was a paralegal for the 12 Jane Doe, then approximately I6 years old, fell into 12 Mennelstein & Horowitz firm, correct? 13 Mr. Epstein's -- fell into Epstein's trap and became one 13 A. Yes. 14 of his victims." Okay? 14 Q. You weren't scared, were you? 15 The first time you were there now you are 15 A. No. 16 saying would have been in '03? 16 Q. You weren't dazed? 17 MR. HOROWITZ: Form. 17 A. No. 18 BY MR. CRITTON: 18 Q. You weren't confused? 19 Q. Right? 19 A. No. 20 A. The end of my sophomore year, that's 2003, 20 Q. You had good presence of mind, you had the 21 yes. 21 ability to think about the question as long as you 22 Q. You tell me, okay? Please. Don't let me lead 22 wanted to, true? 23 you in that. You tell me what the end of your sophomore 23 MR HOROWITZ: Form. 24 year would have been, what year. 24 THE WITNESS: Yes. 25 A. Yes, if it was the end of 2003. 25 14 (Pages 50 to 53) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA_R1_00017551 EFTA01735347  Page 54 Page 56 1 BY MR. CRITTON: 1 Q. And now you are saying that may not be right, 2 Q. All right. And at least in this answer under 2 I may have lied to them, right? 3 oath you said, "Plaintiff went to defendant's estate 3 A. Yes. 4 approximately eight to ten times during her junior and 4 Q. All right. So you told them you went to 5 senior years of high school, from 2004 and 2005." 5 Mr. Epstein's home the first time with H.R. 6 Right? 6 Was that true? 7 A. Uh huh. 7 A. Yes. 8 Q. Yes? 8 Q. Why did you tell them that? 9 A. Yes. 9 A. Because that was the first time I went. 10 Q. Okay. Now you said you also gave -- well, let 10 Q. But why did you, if you were confused and 11 me strike that. Let me stay with the police statement 1.1 scared, why didn't you just tell the police you never II • • . • - • • - • • • . • • • • . • . . . . . • . . . . . • • • . • . • . • EFTA_R1_00017552 EFTA01735348  Page 58 Page 60 1 with regard to 2004-2005 time period, but you are saying 1 Q. The first time you went, you went with H.R., 2 at least it's right with regard to the number of times 2 right? 3 you went; is that correct? 3 A. Yes. 4 A. I said I don't remember the exact dates and 4 Q. Let me get back to my question. They seemed 5 years. 5 to know that you were at Mr. Epstein's home, that is, 6 Q. Well, if it's 2004 and 2005, it would be at 6 the police officers? 7 the end of your junior year, latter part of your junior 7 A. Yes. 8 year into your senior year, correct? Q. Because they had seen your car there? 9 A. Yes. 9 A. Yes. 10 Q. All right. So, and I thought you told me five 10 Q. All right. And so if your car was there, I 11 minutes ago that that time period was not correct, or 11 assume you don't let other people drive your car 12 now you are not so sure again. 12 generally? 13 MR. HOROWITZ: Form. 13 Let me ask this question. Did you ever let 14 THE WITNESS: I told you that I didn't 14 any other person drive your car to Mr. Epstein's home? 15 remember the dates. And I do remember going there 15 A. No. 16 from eight to ten times, but I don't icumnbei the 16 Q. Okay. So you in each of those instances would 17 exact dates of when I started going there. 17 have had to make the voluntary decision that you were 18 BY MR. CRITTON: 18 going to go to Mr. Epstein's home, right? 19 Q. Okay. That's my question to you is you don't 19 A. Yes. 20 remember the exact dates, but at least that part of the 20 Q. All right. So you told them on the first 21 interrogatory where it says the number of times you 21 occasion you went with H.R., right? 22 went, you think that's maybe accurate? 22 A. Yes. 23 A. Yes, it is accurate. 23 Q. And what did you tell them who H.R. was? 24 Q. Eight to ten times, okay. Well, you told the 24 A. She was a friend in high school. 25 police, the Palm Beach Police Department when you were 25 Q. All right. So you went with H.R. She was a Page 59 Page 61 1 interviewed that you only went two times, didn't you? 1 friend. She was a good friend at the time? 2 A. Yes, I already admitted that I did not tell 2 A. I don't remember if she was a good friend. I 3 them the whole truth. 3 think we were fighting. Me and her like would fight a 4 Q. I know. Well, what I'm trying to do is figure 4 lot and then make up. So I don't remember if we were 5 out how many things you told them that may have been 5 good friends at the time or just friends. 6 true, that is -- well, let me strike that. 6 Q. Okay. Good friend is someone you trust, have 7 I'm trying to find out now from looking at the 7 8 police report what you told them may have been true 8 with your name but would you consi a g 9 versus what was not true or might be a half truth or 9 someone that you would feel very comfortable with and 10 something that you omitted. That's what I'm trying to 10 you could trust? 11 do here, okay? 11 A. Yes. 12 A. Okay. 12 Q. Okay. And if it was just a friend, maybe you 13 Q. Do you understand that? 13 would trust and maybe you wouldn't? 14 A. Yes. 14 A. Yes. 15 Q. All right. So we know it's your testimony now 15 Q. So you go with H.R., who you have now 16 that you lied to them about your age. Did you lie to 16 described as a friend, someone you might trust or not 17 them about the number of times you went to Mr. Epstein's 17 trust, right? 18 home, they being the Palm Beach Police Department? 18 A. Yes. 19 A. I told you I didn't tell them all the times I 19 Q. To Mr. Epstein's home. Again, I'm going to 20 went. I only told them two. 20 get into details later. 21 Q. Well, you told them you went only two times? 21 So you go to Mr. Epstein's home the first 22 A. Yes. 22 time, and what happens, or what did you tell the police, 23 Q. Is that a lie? 23 your best recollection? 24 A. I told you yes. I told you at the very 24 A. I just remember I told them that I went there 25 beginning 25 and I saw the cooks there, I sat 16 (Pages 58 to 61) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA_R1_00017553 EFTA01735349  Page 62 Page 64 1 1 just remember that I, like I told them how I 1 with Jeffrey Epstein by phone? 2 went upstairs and I did the massage. And I don't think 2 A. I don't remember. 3 1 went into detail with them about what happened. 3 Q. Can you cite any instances to me where you 4 Q. So I'm sorry. 4 think that maybe you spoke with him or you just have no 5 MR. HOROWITZ: Go ahead. 5 recollection of having spoken with him? 6 THE WITNESS: 1 don't remember going into 6 A. 'don't remember if he ever called me or 7 detail with them about what happened. 7 didn't call me, honestly. I remember talking toM. 8 And then I also remember going once with F.E, 8 Q. Have you ever texted Mr. Epstein or has he 9 and I think I told them about that or S.V. 9 ever totted you? 10 Honestly, I don't -- 10 A. No. 11 BY MR. CRITION: 11 Q. Have you ever spoken or communicated through a 12 Q. So I'm clear, at least you told the police 12 computer in any way with Mr. Epstein, either he to you 13 officers, your best recollection of what you told the 13 or you to him? 14 police officers, the first time you went to 14 A. No. 15 Mr. Epstein's owent there with H.R., you met 15 Q. Would it be a correct statement that the only 16 the cook, you met 16 conversations that you have ever had with Mr. Epstein 17 A. Yes. 17 would have been at Mr. Epstein's home? 18 Q. Do you know whcEl is? 18 MR. HOROWITZ: Form. 19 A. Yes. 19 THE WITNESS: Well, as to what I can remember, 20 Q. Who islit 20 yes. 21 A. Jeffrey's assistant. 21 BY MR. CR1TTON: 22 Q. And how do you know that? 22 Q. Well, again, you are here under oath. You 23 A. Because she is the one that would call me 23 knew you were going to be deposed? 24 every time she wanted me to come there, and she would 24 A. Yes. 25 always be there doing, making calls. She would call 25 Q. So at least as you sit here today thinking Page 63 Page 65 1 other girls too. 1 back over the time that you knew Mr. Epstein, it's your 2 So I assume that she was his assistant. She 2 best recollection as you sit here today that you have 3 also told me about how to set up the massage table and 3 never spoken with him except at his home; is that true? 4 other things like that. 4 A. My best recollection, yes. 5 Q. How do you knovnalled other females? 5 Q. You have never, and would it also be true that 6 A. I know because they told me. 6 you never saw Mr. Epstein other than at his home? 7 Q. Who is the they? 7 S I saw him on the beach before jogging with 8 A. Jane Doe 4. 8 where he came over and said hi to me. 9 Q. Jane Doe 4? 9 Q. Were you on the beach at the time? 10 A. Uh huh. 10 A. Yes. 11 Q. Yes? 11 Q. Who were you there with? 12 A. And L.A., yes. 12 A. 1 forget. Just one of my girlfriends. 13 Q. L.A. who? 13 Q. You used to go to Palm Beach beach, the beach 14 A. L.A. 14 in Palm Beach from time to time? 15 Q. Okay. Jane Doe 4 and L.A., are they still 15 A. Yes. 16 friends of yours? 16 Q. From the titre you were a young girl up 17 A. Yes. 17 probably even through now? 18 Q. Good friends of yours? 18 A. Uh huh, yes. 19 A. Jane Doe 4 is, yes. 19 Q. All ri t. So one time you saw him on the 20 Q. How about L.A., what's her status these days? 20 beach wi he said hello to you? 21 A. Just a friend. 21 A. Yeah, he came over and said hi and asked me 22 Q. Would it be a correct statement that you have 22 how I was. And he just said he was jogging. He had his 23 never spoken with Mr. Epstein by phone? 23 jogging outfit on. 24 A. I don't remember. 24 Q. Is that the extent of the conversation? 25 Q. As you sit here today, have you ever spoken 25 A. From what I can remember. I don't know, it 17 (Pages 62 to 65) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 (561) EFTA_R1_00017554 EFTA01735350  Page 66 Page 68 1 was like a long time ago. I don't — 1 touch your buttocks, correct? 2 Q. And you talked to him? 2 A. Yes. 3 A. Yes. 3 Q. Okay. And that's all he touched was your 4 Q. He said "Hi, how are you?" 4 buttocks, correct? 5 A. Uh huh. 5 MR. HOROWITZ: Form. Again, you are talking 6 Q. Yes? • 6 about the conversation? 7 A. Yes. 7 BY MR. CRITTON: 8 Q. And did you, was that after you stopped going 8 Q. Only what you told the Palm Beach police. 9 to Mr. Epstein's house or during the time that you were 9 A. As to what I can remember, I'm not if you 10 going to Mr. Epstein's house that you saw him jogging on 10 could show me, I don't exactly remember. 11 the beach? 11 Q. I'm asking your best recollection. I'm 12 A. I don't exactly remember when it was. I think 12 looking at the police report. 13 it was when I was still going. 13 A. Okay. 14 Q. Okay. So the only time that you've ever 14 Q. Did you also tell the Palm Beach police that 15 spoken with Mr. Epstein outside ofhis home would have 15 at no time did he touch any of your private areas? 16 been the one time you saw him out jogging on the beach 16 A. I don't remember telling them that he did. 17 and you were at the beach over in Palm Beach, correct? 17 Q. Okay. In fact, you told them he 18 MR. HOROWITZ: Form. 18 specifically -- they asked you, did he touch, did he 19 THE WITNESS: Yeah, I thought I saw him in Key 19 touch you in your private area, in your vaginal area, 20 West once, but I wasn't sure that was him. But 20 and you said no, correct? 21 yeah, other than that, yes. 21 A. Yes. 22 BY MR. CRITTON: 22 Q. And they asked you whether he had touched your 23 Q. Okay. You have never traveled with 23 breast, and you said no, correct? 24 Mr. Epstein? 24 A. I don't remember. 25 A. No. 25 Q. Again, whatever ultimately, whatever the Page 67 Page 69 1 Q. And Mr. Epstein has never flown you or asked 1 statement says, that's what you would have told them. 2 you to travel anyplace, has he, where you traveled? 2 If I ask you to assume that that's at least 3 A. No. 3 the information that they have is that he did not touch 4 Q. That's correct? 4 you in any, quote, unquote, private area, that would be 5 A. Yes. 5 accurate? 6 Q. All right. First time, at least what you told 6 MR. HOROWITZ: Form. 7 the police officers, your best recollection is that you 7 THE WITNESS: Yes. 8 went over there with H.R., you went upstairs, and you 8 BY MR. CRITrON: 9 gave Mr. Epstein a massage, comet? 9 Q. That's what you had told them? 10 A. Yes. 10 A. Yes. 11 Q. Okay. And during the course of the massage, 11 Q. And you didn't touch him in any of his private 12 you kept your clothes on, true? 12 areas, did you? 13 A. I believe that's what I told them. 13 MR. HOROWITZ: Form. 14 Q. All right. And you also told the police that 14 THE WITNESS: No. 15 at no time did he try to touch you or did he touch you, 15 BY MR. CRITTON: 16 correct? 16 Q. In fact, in any of the visits you ever went to 17 A. I told them that he did try to touch my butt. 17 Mr. Epstein's home, you never touched him in his genital 18 Q. Okay. He did try? 18 area, did you? 19 A. Or he did, I think I said. 19 A. No. 20 Q. What's the difference between trying and 20 MR. HOROWITZ: Form. Pm sorry, I'm doing 21 touching? 21 this to have a clear record, because you seem to be 22 A. I don't exactly remember the words I said. I 22 drifting between — 23 think I did tell them that he did. 23 MR. CRITTON: Fm not drifting. I'm asking 24 Q. So it's now your testimony that you recall 24 specific questions. 25 tellinehe Palm Beach Police Department that he did 25 MR. HOROWITZ: I understand, but you are 18 (Pages 66 to 69) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA_R1_00017555 EFTA01735351 EFTA_R1_00017556 EFTA01735352 EFTA_R1_00017557 EFTA01735353 EFTA_R1_00017558 EFTA01735354 Case 1:10-cv-21586-ASG Document 1-3 Entered on FLSD Docket 05/17/2010 Page 11 of 15 DIRE: INVESTIGATION OF JEFFREY EPSTEIN ADDENDUM TO TILE NON-PROSECUTION AGREEMENT If APPEARING that the parties seek to clarify certain provisions of page 4, paragraph 7 of the Non-Prosecution Agreement (hereinafter "paragraph 7"), that agreement is modified as 7A. The United States has the right to assign to an independent third-party the responsibility for consulting with and, subject to the good faith approval of Epstein's counsel, selecting the attorney representative for the individuals identified under the Agreement. If Ise United States elects to assign this responsibility to an independent third-party, both the United States and Epstein retain the right to make good faith objections to the attorney representative suggested by the independent third-party prior to the final designation of the attorney representative. M. The parties will jointly prepare a short written submission to the independent third-party regarding the role of the attorney representative and regarding Epstein's Agreement to pay such attorney representative his or her regular customary hourly rate for representing such victims subject to the provisions of paragraph C, infra. 7C. Pursuant to additional paragraph 7A, Epstein has agreed to pay the fees of the attorney representative selected by the independent third party. This provision, however, shall not obligate Epstein to pay the fees and costs of contested litigation filed against him. Thus, if after consideration of potential settlements, an attorney representative elects to file a contested lawsuit pursuant to 18 U.S.C. s 2255 or elects to pursue any other contested remedy, the paragraph 7 obligation of the Agreement to pay the costs of the attorney representative, as opposed to any statutory or other obligations to pay reasonable attorneys fees and costs such as those contained ins 2255 to bear the costs of the attorney representative, shall cease. EFTA_R1_00017559 EFTA01735355 EFTA_R1_00017560 EFTA01735356 EFTA_R1_00017561 EFTA01735357 EFTA_R1_00017582 EFTA01735358 EFTA_R1_00017563 EFTA01735359  Page 295 Page 297 1 Q. Do you recognize yourself on page one? 1. A. Yes. 2 A. Yes. 2 Q. Who is on h 3 Q. Have you, during the time that you had a 3 A. My frien 4 MySpace page, have you, and Facebook, have you posted 4 Q. Is she one of the ones that went to Chicago 5 pictures of yourself in swimsuits and various dresses, 5 with you? 6 gowns, garb that you had on at a particular time? 6 A. Yes. Which one ofmy friends are you on 7 MR. HOROWITZ: Don't answer. Don't answer. 7 Facebook? 8 Don't answer. Don't answer. 8 Q. On December 23rd, the very last page, that 9 Bob, you had to produce this stuff 9 would be your, that's your profile? 10 MR. eR!TIM- I'm not ackino her ahnot this n ?OA LtrID AWED-7. snan.a. It. 6 Q. Turn to page seven if you would, please. 7 There is a picture on left-hand side under, there is a 8 top picture and then a second picture of two women. 9 Are you either one of those individuals or is 10 that an ad? 11 A. No, it's an ad. 12 Q. All right. In December, let's see, this is on 13 page three of five, it has two pictures on it. Looks 14 like you are in an airplane. 15 A. Yes. 16 Q. Is that accurate, you are on an airplane 17 there? 18 A. I wasn't on an airplane. There was an air 19 show. My friend Kevin is a pilot and we got to go 20 inside the planes, and I took a picture inside one of 21 the planes. 22 Q. Okay. And the next page, it has a picture of 23 two people, one on left is in a nurse's outfit, looks 24 like a Halloween party again, and someone on the right. 25 Is that you on the right? 44 (Pages 295 to 297) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA_R1_00017564 EFTA01735360