EFTA01103374.pdf

336 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CV-80893-CIV-MARRA/JOHNSON JANE DOE, Plaintiff, vs. JEFFREY EPSTEIN, et al., Defendants. Related Cases: 08-80119, 08-80232, 08-80380, 08-80381, 08-80994, 08-80811, 08-80893, 09-80469, 09-8-591, 09-80656, 09-80802, 09-81092 VOLUME III CONTINUED VIDEOTAPED DEPOSITION OF JEFFREY EPSTEIN TAKEN ON BEHALF OF THE PLAINTIFF DATE: April 14, 2010 U.S. Legal Support EFTA01103374  337 339 April 14,2010 1 APPEARANCES (CONTINUED) 2 INDEX 2 PODHURST, ORSECK 3 WITNESS DIRECT CROSS REDIRECT RECROSS Attorneys for Jane Does I and 3 4 JEFFREY EPSTEIN City National Bank Building, Suite 88 5 BY MR. HOROWrTZ 340 4 25 West Flagier Street 6 BY MR. EDWARDS 418 7 BY MS. EZELL 531 5 Tel B : . ELL, ESQ. 8 6 9 7 EXHIBITS BURMAN, CRrETON, LUTHER & COLEMAN, LLP 10 a Attorneys for Defendant Jeffrey Epstein 303 Baryon Boulevard, PLAINTIFF'S 9 Suite 400 11 FOR IDENTIFICATION PAGE W 33401 12 2 Multi-page document. 341 10 Tel. BY: ESQ. 13 3 Multi-page document. 349 11 14 4 Multi-page document. 359 12 15 5 Multi page document. 369 13 16 6 Multi-page document. AL-SO PRESENT: 378 14 17 7 Multi-page document. 384 JOE ROVNER, Videographer 18 8 Multi-page document. 391 15 (US. Legal) 19 9 Order form from Arnazon.com, 16 17 listing three books. 507 18 20 19 21 20 22 21 22 23 23 24 24 25 25 338 340 Tie continued videotaped deposition of 1 THEREUPON, 2 JEFFREY EPSTEIN in the above-entitled and 2 JEFFREY EPSTEIN 3 numbered cause, was taken before one, TERRI 3 being by Terri Becker first duly sworn to tell 4 BECKER, a Registered Professional Reporter and 5 Notary Public for the State of Florida at Large, 4 the whole truth, as hereinafter certified, 6 at 444 West Railroad Avenue, in the City of West 5 testified as follows: 7 Palm Beach, Palm Beach County, in the State of a Florida, beginning at the hour of 10:22 o'clock 6 CONTINUED DIRECT EXAMINATION 9 a.m., pursuant to the Notice and Adjournment in 7 BY MR. HOROWITZ: 10 said cause for the taking of said deposition, on 8 Q Mr. Epstein, you understand we are 11 behalfof the PLAINTIFF in the above-entitled 12 action pending in the above-named court. continuing your deposition from Part One which 13 The appearances at said time and place 10 was taken on March 8, 2010? 14 were as follows: 11 A Yes. 15 FARMER, JAFFE, WEISSR4G, EDWARDS, 12 Q When we were together on March 8th, you FISTOS & LEHRMAN, PL 16 Attorneys for Plaintiffs Jane Does, 13 told us at that time that you were on probation LN. and E.W. 14 in the State of Florida. Is that still the 17 425 North Andrews Avenue 15 case? Suite 2 18 FortION 33301 16 A Yes. Tel: 17 Q I believe you also told as part of the 19 BY: BRADLEY J. EDWARDS, ESQ. 18 term of your sentence was that you were not 20 MERMELSTEIN & HOROWITZ, P.A. 19 allowed unsupervised contact with anyone under 21 Attorneys for Plaintiffs Jane Does, 20 the age of 18. Is that still the case? numbers 2 through 8 21 A Yes. 22 18205 Biscayne Boulevard Suite 2218 22 Q At that time, you told us that you're 23 Mi 23 restricted from possessing pornographic Tel: 1224 material. Is that still the case? 24 BY: ADAM D. HOROWITZ, ESQ. 25 5 A Yes. 2 (Pages 33? to 34 0) U.S. Legal Support EFTA01103375  341 343 1 Q At that time you told us you were a 1 Fifth Amendment 2 registered sex offender in the State of Florida. 2 Q Isn't It try neither you or anyone you 3 Is that still the ease? 3 know has facts to support your contention that 4 A Yes. 4 =consented to and was a willing participant 5 Q At that time you told us you lived at 5 in the acts alleged? 6 358 El Brills Way. Is that still the ease? 6 MR. PIKE: Form. 7 A On advice of counsel, sir, I'm going to 7 A As you know I would orally like to 8 have to invoke my Sixth, Fifth and Fourteenth 8 answer that question, but at least today, I 9 Amendment rights. 9 cannot I am going to have to invoke my rights 10 Q I'm going to hand you a document which 10 on advice of counsel under the Fifth, Fourteenth 11 we will mark as Exhibit 2. We had marked Exhibit 11 and Sixth Amendment. 12 I at our first session. 12 Q Okay, moving down to paragraph two, it 13 (Multi-page document was marked as 13 says, in Part, "as to all counts alleged 14 Plaintiffs Exhibit number 2 for 14 plaintiff consented to and =actually 15 identification, as of this date.) 15 participated in conduct similar and/or identical 16 Q (Handing.) 16 to the acts alleged with other persons, which 17 I'm going to ask you to please turn to 17 were the sole or contributing cause of 18 page 6. Turn to where it says "Affirmative 18 plaintiff's alleged damages." 19 Defenses." Do you see where we are? 19 My question for you is, what facts are 20 A Yes. 20 you aware of to support your contention that= 21 Q Paragraph one, under the words 21 consented to and participated in conduct similar 22 "Affirmative Defenses" says "As to all counts, 22 to and/or identical to the acts alleged in this 23 plaintiff actually consented to and was a willing 23 lawsuit? 24 participant in the acts alleged, and therefore 24 MR. PIKE: Form. 25 her claims are barred or her damages are required 25 A Unfortunately I would like to answer 342 344 to be reduced accordin " This I'll tell you 1 each of your questions here today, Mr. Horowitz, 2 was filed in the case o : do you understand 2 but on advice of counsel, at least today, I have 3 that? 3 to assert my rights under the Fourth, Fifth and 1 A Yes. 4 Sixth Amendment. 3 Q Have you seen this document before? 5 Q Isn't It true, sir, that you that this 6 A Not to my recollection, no. 6 contention that consented to or participated Q This statement that plaintiff 7 In conduct similar to the acts alleged in this actually consented to and was a willing 8 lawsuit with other persons? That's a false 9 participant in the acts alleged; is that a true 9 statement; isn't that true? 10 statement? 10 MR. PIKE: Form. 11 A Sir, at least today I would like to 11 A Mr. Horowitz, I believe you already know 12 answer each one of your questions, but I'm going 12 the answer to most of these questions. I would 13 to have to, on advice of counsel, invoke my 13 like to give them, but however, at least today on 14 rights of the Sixth, Fifth and Fourteenth 14 advice of my counsel I have to assert my rights 15 Amendment. 15 under the Sixth, Fourteenth and Fifth Amendment. 16 Q What facts do you have to support this 16 Q Isn't it true, sir, you're not aware of 17 contention here that plaintiff■ actually 17 who has facts anyone to support the statement 18 consented to and was a willing participant in the 18 that consented to and participated In 19 acts alleged? 19 similar or identical acts with other persons? 20 MR. PIKE: Form. 20 MR. PIKE: Form. 21 A Though I would like to answer each and 21 A Though I would like to answer that 22 every one of your questions hat today, Mr. 22 question, as I would like to answer all of your 23 Horowitz, unfortunately today on the advice of 23 questions, at least today my counsel has advised 24 counsel, I will have to refuse to answer and 24 me that I must assert my rights under the Sixth, 25 invoke my rights under the Sixth, Fourteenth and 25 Fifth and Fourteenth Amendments. 3 (Pages 341 to 344) U.S. Le al Su ort EFTA01103376  345 347 Q Sir, please turn to paragraph three of 1 was not 18 years old at the time of the alleged defendant Epstein's first Amended Answer and 2 acts? 3 Affirmative Defenses. 3 MR. PIKE: Form. 4 A Same page? 4 A Though I would like to answer that 5 Q Yes, paragraph three. 5 question, as I would like to answer every A Okay. 6 one of your questions here today, on advice of 7 Q Do you see it says "As to all counts counsel I'm going to have to assert my rights 8 plaintiff impliedly consented to the acts alleged 8 under the Sixth, Fifth and Fourteenth Amendment, 9 by not objecting." 9 sir. 1.0 My question for you is, what facts do 10 Q Mr. Epstein, what facts arc you aware of 11 you have to support your contention that 11 to support your contention thatM had attained 12 plaintiff= impliedly consented to the acts 12 the age of 18 years old at the time of the 13 alleged by not objecting? 13 alleged acts? 14 MR. PIKE: Fenn. And all of these 14 MR. PIKE: Same objection. 15 questions call for a legal conclusion, as 15 A Though I would like to answer that 16 well. 16 question, Mr. Horowitz, I'm going to have to 17 A Though I would like to answer that 17 respond the same way I've responded to all of 18 question, as I would like to answer all of your 18 your questions here today; by asserting my rights 19 questions here today, on advice ofmy counsel. 19 on advice of counsel under the Sixth, Fifth and 20 I'm going to have to assert my rights today of 20 Fourteenth Amendment. 21 the Sixth, Fifth and Fourteenth Amendment. 21 Q Isn't it true, sir, you had no reason to 22 Q Isn't it true, sir, that you're not 22 bane that was 18 or older at the time of 23 aware of any facts to support your contention 23 the acts alleged? 24 that the plaintiff= consented to the acts 24 MR. PIKE. F0111). 25 alleged by not objecting; isn't that true, sir? 25 A Unfortunately, though I would like to 346 348 1 MR. PIKE: Form? 1 answer that question, Mr. Horowitz, on advice of 2 A Can you repeat the question, I'm sorry? 2 my counsel I'm going to have to assert my rights 3 Q Isn't it true you're not aware of any 3 under the Sixth, Fifth and Fourteenth Amendment 4 facts to support this contention that 4 Q Turning to paragraph five of your 5 consented to the acts alleged by not objecting? 5 Amended Answer toM's lawsuit, it says: "As 6 MR. PIKE: Form. 6 to all counts, plaintiffs claims are barred, as 7 A At least today, Mr. Horowitz, I'm going 7 she said she was 18 years or older at the time." 8 to have to assert my rights under the Sixth, a Now, Mr. Epstein, that's not a true 9 Fifth and Fourteenth Amendment not to answer that 9 statement, is it? 10 question, though I would like to. 10 MR. PUCE: Form. 11 Q Isn't it true, sir, you're not aware of 11 A I would like to answer every one of your 12 anyone who has facts to support the contention 12 questions with respect to however, at least 13 thaI consented to the acts alleged by not 13 today, Mr. Horowitz, I'm going to have to assert 14 objecting? 14 my rights under the Sixth, Fifth and Fourteenth 15 MR. PIKE: Form. 15 Amendment on advice ofmy counsel. 16 A Mr. Horowitz, I would like to answer 16 Q Mr. Epstein, 5 never told you she was 17 your question but at last today, under advice of 17 18 years of age or older; isn't that true? 18 counsel, l have to assert my rights under the 18 MR. PIKE: Form. 19 Sixth, Fifth and Fourteenth Amendment. 19 A Though I would like to answer every 20 Q Turning to paragraph four, immediately 20 question regarding., at least today I have to 21 following the paragraph... It says "Defendant 21 assert my rights under the Sixth, Fifth and 22 reasonably believed or was told that plaintiff 22 Fourteenth Amendment, sir, under advice of 23 had attained the age of 18 years old at the time 23 counsel. 24 of the alleged acts"? Isn't it true, sir, that's 24 Q Mr. Epstein, you've had a chance now to 25 not a true statement, is it? You knew that- 25 review the Affirmative Defenses one through five, 4 (Pages 345 to 348) U.S. Legal Support EFTA01103377  349 351 1 which were filed on your behalf in this lawsuit. 1 paragraph one it says, "As to all counts, 2 Do you have any facts to support the contentions 2 plaintiff actually consented to and was a willing 3 in any of those Affirmative Defenses? 3 participant in the acts alleged." Do you see 4 MR. PIKE: Form. 4 that portion of paragraph one? 5 A At least today I'm going to have to 5 A Yes, sir. 6 respond by asserting my rights under the Sixth, 6 Q The statement here that the plaintiff, 7 Fifth and Fourteenth Amendment, on advice of 7 Jane Doe number 3 consented to and was a willing 8 counsel. 8 participant in the acts alleged: that's not a 9 Q I will take back Exhibit I -- pardon me, 9 true statement, is it? 10 Exhibit 2, and I'm going to hand you what we will 10 MR. PIKE: Form. 11 mark as Exhibit 3. 11 A Who is lane Doc 3? 12 (Multi-page document was marked as 12 Q You don't know who Jane Doe 3 is? 13 Plaintiff's Exhibit number 3 for 13 A I do not. Don't you? 14 identification, as of this date.) 14 Q I do, I'll pull up the list here. There 15 Q I'm going to hand you and your 15 are a number of cases, as you're aware. 16 attorney -- 16 Off the record for a second.) 17 MR. HOROWITZ: I have extras. 17 THE VIDEOGRAPHER: Off the video record 18 Q -. defendant Epstein's First Amended 18 at 10:35 a.m. 19 Answer and the Affirmative Defenses to 19 (Pause in the proceedings.) 20 plaintiff's Second Amended Complaint. Do you see 0 THE VIDEOGRAPHER: Back on the video 21 that in front of you? 1 record 10:40 a.m. 22 A Yes, sir. 2 Q Mr. EpsteinSis Jane Doe 3. You 23 Q Have you seen that before? 3 have in front of you the Amended Answer and 24 A No, sir. 4 Affirmative Defenses filed in response to Jane 25 Q I'm going to ask you to turn to page 6, 5 Doe 3's lawsuit? 350 352 the page numbers are at the top, and do you see 1 A Yes, sir. 2 the words "Affirmative Defenses"? 2 Q We marked that as Exhibit 3. Turning to 3 A Yes. sir. 3 affirmative defense paragraph number one, do you 4 Q Paragraph one includes the following 4 see where it says "Plaintiff actually consented 5 statements -- 5 to and was a willing participant in the acts 6 MR. PIKE: Can we -- it appears that 6 alleged" in paragraph one; do you see that? 7 paragraphs one through five are the same. 7 MR. PIKE: Form. The document speaks 8 Would that be correct, as the ones you just 8 for itself. 9 previously read? 9 Q Do you see where I'm pointing you to? I 10 MR. HOROWITZ: Yes. 10 want to make sure we are on the same page. 11 MR. PIKE: Do you want to stipulate that 1 A Yes, I do. 12 the answers would be the same and the 12 Q The statement that Jane Doe number 3, 13 invocations of the Fifth, Sixth and 3 consented to and was a willing participant 14 Fourteenth would be the same, as well as my 14 in the acts alleged; is that a true statement? 15 form objections? 5 MR. PIKE: Form. 16 MR. HOROWITZ: Well, I need to ask the 6 A Mr. Horowitz, I would like to answer 17 questions as to each client. 17 every question about■ here today, however on 18 MR. PIKE: So, you do not want to 18 advice of counsel they've instructed me to Men 19 stipulate to that? 19 my rights under the Sixth, Fifth and Fourteenth 20 MR. HOROWITZ: I'll stipulate that you 0 Amendment. 21 have a standing objection, but I need to ask 21 Q Mr. Epstein, what facts d v u know of 22 the questions and get them on record. 22 to support the statements that dually 23 , MR. PIKE: All right, we will just go 23 consented to and was a willing participant in the 24 through it. Okay. 24 facts alleged? 25 Q As to Jane Doe 3, do you see In 25 MR. PIKE. Form. 5 (Pages 349 to 352) U.S. Legal Support EFTA01103378  353 1 Q The acts alleged. 1 question you have here today, Mr. Horowitz, 2 MR. PIKE: Form. 2 regarding your client,. on advise of my 3 A I would like to answer every question 3 counsel, at least today I must assert my rights 4 about. however, at least today on advice of 4 under the Sixth, Fifth and Fourteenth Amendment. 5 counsel, they've instructed me that I must assert 5 Q Turning to paragraph three of your 6 my rights under the Sixth, Fifth and Fourteenth 6 Affirmative Defenses, It says "Plaintiff., 7 Amendment. 7 impliedly consented to the acts alleged by not 8 Q Isn't it true, sir, you are not aware of 8 objecting." Do you see that? 9 anyone who has facts to support the statement 9 A Yes. 10 thm. consented to and was a willing 10 Q The first part of that sentence? 11 participant in the acts alleged? 11 A Yes, sir. 12 MR. PIKE: Form. 12 Q That's not a true statement, is it, 13 A I would like to answer every question 13 sir? 14 about= however, today under advice of 14 MR. PIKE: Form. 15 counsel, I cannot. They've instructed me to 15 A Though I would like to answer every 16 assert my rights under the Sixth, Fifth and 16 question aboutM every single question, 17 Fourteenth Amendment. 17 unfortunately today my counsel has advised me 18 Q Turnip paragraph two, ft says: 18 that I must assert my rights under the Sixth, 19 "Plaintiff actually consented to and 19 Fifth and Fourteenth Amendment. 20 participated to conduct similar and/or identical 20 Q Sir, what factsrSxon have to support 21 to acts alleged with other persons, which were 21 your contention that= Impliedly consented to 22 the sole or contributing cause of plaintiff's 22 the acts alleged by not objecting? 23 alleged damages." Sir, that's not a true 23 MR. PIKE: Form. 24 statement, is it? 24 A Though I would like to answer every 25 MR. PIKE: Form. 25 question about .hat you pose here today, Mr. 354 356 A I would like to answer every question 1 Horowitz, at least today, unfortunately my 2 abou=uxillY. Mr. Horowitz, however, on 2 counsel advised me that I must assert my rights 3 advice of counsel, they've instructed me I must 3 under the Sixth, Fifth and Fourteenth Amendment 4 assert my rights under the Sixth, Fifth and 4 Q Isn't It true, sir, you're not aware of 5 Fourteenth Amendment. 5 anyone who has facts to support your statement 6 Q Mr. Epstein, what facts do you know of 6 thaMI lmpliedly consented to the acts alleged 7 to support the statement that actually 7 by not objecting? 8 consented to and participated in conduct similar 8 MR. PIKE: Form? 9 and/or identical to the acts alleged with other 9 A Mr. Horowitz, I would like to answer 10 persons? 10 every question aboutM, I really would. 11 MR. PIKE: Form, and once again this 11 However, today my counsel has advised me that 1 12 line of questioning calls fora legal 12 must assert my Sixth, Fifth and Fourteenth 13 conclusions, as well as work product 13 Amendment rights. 14 information. 14 Q Turning to paragraph four of your 15 A Though I would like to answer each and 15 Affirmative Defenses, Mr. Epstein, it says "As to 16 every question abouModay unfortunately my 16 all counts, defendant reasonably believed or was 17 counsel has advised me I must assert my rights 17 told that the plaintiff had attained the age of 18 under the Sixth. Fifth and Fourteenth Amendment 18 18 years old at the time of the alleged acts." 19 Q Isn't it true, sir, you're not aware of 19 That's not a true statement, is it, sir? 20 anyone who has facts to support the contention 20 MR. PIKE: Form. 21 thatMconsented to and participated in 21 A I would like to answer every question 22 conduct similar and/or identical to the acts 22 about. that you've posed here today. 23 alleged with other persons? 23 However, on advice ofmy counsel, I must assert 24 MR. PIKE: Form. 24 my rights under the Sixth, Fifth and Fourteenth 25 A Though I would like to answer every 25 Amendment, at least today. 6 (Pages 353 to 356) U.S. Legal Support EFTA01103379  357 359 Q Isn't it true, sir, isn't it true that 1 containing markings in Exhibit number 3.) 2 you knew that•was under the age of 18 when 2 Q I'm going to band to you the answer and 3 she came to your home; isn't that true, sir? 3 Affirmative Defenses, Amended Answer and 4 MR. PIKE: Form. 4 Affirmative Defenses that you filed in the 5 A I would like to answer every question 5 lawsuit filed by do you have that in front 6 aboutIMI However, at least today my counsel 6 of you? Jane Doe number 4. 7 has advised me I must assert my rights under the 7 A Yes, sir. 8 Sixth, Fifth and Fourteenth Amendment. 8 Q I'll ask you to turn to page 6 where 9 Q Isn't it true, sir, that you had no 9 you'll see the words "Affirmative Defenses" near 10 reason to believe that■ was under lit? 10 the top of the page? 11 MR. PIKE: Form. 11 MR. PIKE: This is Exhibit 4? 12 A Can you repeat that question? 12 MR. HOROWITZ: Correct, Exhibit 4. 13 Q Glad you asked. Isn't it true, sir, yon 13 (Multi-page document was marked as 14 had no reason to believe thatEwes 18 years 14 Plaintiffs Exhibit number 4 for 15 old or older? 15 identification, as of this date.) 16 MR. PIKE: Form. 16 THE WITNESS: Can we take a two-second 17 A I would like to answer every question 17 break?? 18 about In and her — the question you just 18 MR. HOROWITZ: Sum. 19 asked, however at least today, my counsel has 19 THE VIDEOGRAPHER: Off the video record 20 advised me that I must assert my rights under the 20 at 10:48 a.m. 21 Sixth. Fifth and Fourteenth Amendment. 21 (Pause in the proceedings.) 22 Q Isn't it true, sir, that ■ never told 22 MR. HOROWITZ: Back on the record. 23 you that she was under the age of 18? 23 THE VIDEOGRAPHER: Back on the video 24 A Form. 24 record 10:49 a.m. 25 MR. PIKE: Form. 5 Q Do you have the Affirmative Defenses in 358 360 1 MR. HOROWITZ: Strike that. I front of you, and the answer you filed In the 2 . Q Isn't It true, sir.. never told you 2 Meese, correct? 3 she was 18 years or older? Isn't that true, 3 A That's correct. 4 sir? 4 Q Paragraph one includes the followin 5 A I would like to answer every question 5 statement: "As to all counts, plaintiff 6 you have today regarding. and what she told 6 actually consented to and was a willing 7 me. However, today my counsel has advised me I 7 participant In the acts alleged." That's not a 8 must suet my rights under the Sixth, Fifth and 8 true statement, is it, sir? 9 Fourteenth Amendment. 9 MR. PIKE: Form. 10 Q Okay, paragraph five says the 0 A I believe her deposition espeaks 11. plaintiffs claims are barred as she said she was 1 to this issue. 12 18 years or older at the time. 2 Q Do you agree with es testimony that 13 Sir, that's not a true statement, is 3 she was at your home? 14 It? 4 MR. PIKE: Form. 15 MR. PIKE: Form. 5 A Unfortunately today, Mr. Horowitz, 16 I would like to tell you exactly what [16 though I would like to answer every question 17 said, however, my counsel has advised me to 17 about., I think her deposition speaks quite a 18 19 20 21 say that I must assert my rights under the Sixth, Fifth and Fourteenth Amendment. 3, MR. PIKE: I wrote on your exhibit, page I1. 8 0 9 well with some of those issues, but at least, with respect to my answering these questions today with regard toMand these issues, my counsel has advised me I must assert my rights 22 MR. HOROWITZ: We will substitute a 2 under the Sixth, Fifth and Fourteenth 23 different one. 23 Amendments. 24 MR. PIKE: Yes, it is just checkmarks. 4 Q Are you telling us that. in your 25 (Clew copy was substituted for the page P5 opinion, was truthful in her deposition? 7 (Pages 357 to 360) U.S. Legal Support EFTA01103380  361 363 1 MR. PIKE: Form, misconstrues the 1 however, with respect to my own issues today, I 2 witness's testimony. Move to strike. 2 am going to have to assert my rights on the 3 A I believe, sir, that though I would 3 advice of counsel, under the Sixth, Filth and 4 o answer that question with respect to Ms. 4 Fourteenth Amendments. 5 s deposition, my counsel has advised me at 5 Q Paragraph two in the Affirmative 6 least today I must assert my rights under the 6 Defenses As to all counts alleged 7 Sixth, Fifth and Fourteenth Amendments. 7 plaintiff, actually consented to and 8 Q Sir, what did you mean when you said 8 participated in similar conduct and/or identical 9 Ms testimony speaks to this issue"? 9 to the acts alleged with other persons which were 10 MR. PIKE: Asked and answered. 10 the sole or contributing cause to plaintiff's 11 A I believe I said "deposition testimony' 11 damages." 12 Q Yes, what did you mean by that, when you 12 Sir, you know that's not correct; is 13 said "Her deposition testimony speaks to the 13 that correct? 14 issue"? 14 MR. PIKE: Font. 15 MR. PIKE: Asked and answered, form. 15 A I believe her deposition, in her own 16 A On advice of counsel, I have to assert 16 words sp.aks to this issue, but as far as today 17 my rights under the Sixth, Fifth and Fourteenth 17 my to that question answer unfortunately will 18 Amendment, sir. 18 have to be that I assert my rights under the 19 Q What facts do you know of to support the 19 Sixth, Fifth and Fourteenth Amendment on advice 20 statement thaMactually consented to and was 20 of counsel. 21 a willing participant In the acts alleged? 21 Q Sir, isn't it true you're not aware of 22 MR. PIKE: Form. 22 any facts to support your contention in this 23 A I believe her deposition spoke to that 23 answer to the amended complaint that.' 24 directly, but however, myself, Pm going to have 24 consented to and participated in conduct similar 25 to assert my Sixth, Fifth and Fourteenth 25 and/or identical to the acts alleged with other 362 364 1 Amendment rights under advice of counsel, sir. 1 persons? 2 Q You read her deposition, correct? 2 MR. PIKE: Form? 3 A No. 3 A I believe her deposition in her own 4 Q You have not read her deposition? 4 words speaks to this exact question, but however, 5 A No. 5 with respect to my answers today, unfortunately 6 Q But you believe her deposition testimony 6 with respect toM though I would like to 7 correctly speaks to the issue of the fact that 7 answer every question with respect tcM on 8 she was a willing participant in the nets alleged 8 advice of counsel I have to assert my rights 9 with you? 9 under the Fourteenth, Sixth and Fifth Amendment. 10 A That's not what I said. 1.0 Q Sir, my question was: What facts do you 11 Q Why don't you tell me what you meant 11 know to be true? Clarify for me. Are you saying 12 when you said, "Her deposition testimony speaks 12 that you are adopting what-rays as true? 13 to the issue." 13 MR. PIKE: Form, misconstrues the 14 A The deposition speaks for itself. Any 14 witness's testimony, and that is not exactly 15 other questions I'm sorry, Mr. Horowitz, but 15 what your last question was, so I'm going to 16 today I have to assert my rights under the Sixth. 16 move — 17 Fifth and Fourteenth Amendments. 17 MR. HOROWITZ: Just to form -- 18 Q Isn't it true, sir, that you are not 18 MR. PIKE: No, no, I'm not going to let 19 aware of anyone who has facts that support the 19 the witness answer a question that's going 20 statement that=consented to and was a 20 to potentially waive any Constitutional 21 willing participant in the acts alleged in her 21 privileges here, so it will not be just 22 lawsuit? 22 "form" 23 MR. PIKE: Form. 23 Now. having said that, if you can repeat 24 A My understanding of her own testimony in 24 the question -- 25 her deposition speaks to that matter, but, 25 MR. HOROWITZ: Can you repeat the 8 (Pages 361 to 364) U.S. Legal Support EFTA01103381  365 367 1 question? 1 read that correctly? 2 (Discussion off the record.) 2 MR. PIKE: Form. I'm going to instruct 3 Q Are you suggesting to us you are 3 him not to answer that question. Did you 4 adopting what- says is true in her 4 read that correctly? 5 deposition? 5 Q Do you see where I am? Do you see where 6 MR. PIKE: Form. 6 l am, paragraph four? 7 A Sir, I would like to answer every 7 MR. PIKE: You can answer that question 8 question with respect to■ However, today on 8 as to whether or not you see where he is 9 advice of counsel, I have to assert my rights 9 identifying paragraph four in the document 10 under the Fourteenth, Sixth and Fifth Amendment. 10 in front of you. 11 Q In paragraph three of your Affirmative 11 A I don't think you read it completely, 12 Defenses, it says "As to all counts, plaintiff 12 did you? 13 impliedly consented to the acts alleged by 13 Q "As to all counts defendant reasonably 14 not objecting." 14 believed or was told the plaintiff had attained 15 Sir, that's not true, is it? 15 the age of 18 years old at the time of the 16 MR. PIKE: Form. 16 alleged acts." Did I read that correctly now? 17 A I believe her own testimony in her 17 MR. PIKE: I instruct you not to answer 18 deposition speaks to that, however, at least 18 that question. It is not formed right. Did 19 today, Mr. Horowitz, I have to assert my rights 19 you read it correctly connotates an implied 20 under the Sixth, Fifth and Fourteenth Amendment. 20 potential waiver, did you read it correctly, 21 Q What information do you have to support 21 is it correct? 22 your assertion that plaintiff impliedly 22 Q Did I accurately read the statement in 23 consented to the acts alleged by not objecting? 23 your Affirmative Defenses? 24 MR. PIKE: Form. 24 MR. PIKE: That is — you can answer 25 A Information separate from her own 25 that question. 366 368 1 testimony? 1-- with respect to any other 1 A Yes. 2 question, I'm going to have to assert my rights 2 Q Okay. Isn't it true, sir, that you 3 under the Sixth, Fifth and Fourteenth Amendment 3 knew, you knew, that . was not 18 years old 4 upon advice of counsel. 4 before May of 2005; isn't that true? 5 Q Let's make sore we are on the same page, 5 MR. PIKE: Form. 6 then. 6 A Though I would like to answer every 7 A Please. 7 question regarding■ and what she said, at 8 Q Separate from her deposition 8 least today upon advice of counsel, I have to 9 testimony — 9 assert my rights under the Sixth, Fifth and 10 A Yes? 10 Fourteenth Amendment, sir. 11 Q -- my question Is: Do you have any 11 Q Isn't it true, sir, you had no reason to 12 facts to support your assertion that 12 believe up until May 2005 that M. was 18 years 13 impliedly consented to the acts alleged by not 13 old or older? 14 objecting? 14 MR. PIKE: Form. 15 MR. PIKE: Form. 15 A Separate and apart from her own 16 A Separate from her own testimony with 16 testimony I believe on the subject, at least with 17 respect to her consenting, at least today, though 17 respect to today, to answer these questions I'm 18 I would like to answer that question, I'm going 18 going to have to assert my rights under the 19 to have to assert my rights under the Sixth, 19 Sixth. Fifth and Fourteenth Amendment on advice 20 Fifth and Fourteenth Amendment upon advice of 20 of counsel. 21 counsel, sir. 21 Q Isn't it true, sir, that prior to May of 22 Q Okay, paragraph four of the Affirmative 22 2005, never told you she wns 18 years old or 23 Defenses says, "As to all counts, defendant 23 older. 24 reasonably believed or was told that plaintiff 24 MR. PIKE: Form. 25 had attained the age of 18 years old." Did I 25 A Though I would like to answer that 9 (Pages 365 to 368) U.S. Le al Su ort EFTA01103382  369 1 question with respect to what told me, at 1 witness's testimony? 2 least today I'm going to have to assert my rights 2 A I would like to answer every single 3 under the Fourteenth, Sixth and Fifth Amendment 3 question regarding■'s claims, every single 4 upon advice of counsel. 4 one, however, today, upon advice of counsel, at 5 Q As to paragraph five, states the 5 least today, theyve instructed me to assert my 6 following: "Plaintiff's claims are barred as she 6 rights under the Sixth, Fifth and Fourteenth 7 said she was 18 yean or older at the time." 7 Amendment. 8 Sir, you know that's not true. That 8 Q Sir, what facts do you know of to 9 never happened before May of 2005; isn't that 9 support the statement that consented to and 10 correct? 10 was a willing participant In the acts alleged? 11 MR. PIKE: form. 11 MR. PIKE: Form. 12 A Though I would like to answer every 12 A Separate and apart from her own 13 question with respect to whatMsaid and did, 13 deposition testimony. I'm sorry, but I would like 14 1, unfortunately today, have to assert my rights 14 to answer every question with respect to her 15 under the Sixth, Fifth and Fourteenth Amendment 15 behavior — can you repeat the question, sir? 16 upon advice of counsel. 16 Q Sure. What facts do you know of to 17 Q I'm going to hand you what will be 17 support the statement that plaintiff,E, 18 marked as Exhibit 5, Defendant Epstein's First 18 consented to, and was a willing participant in 19 Amended Answer in the Affirmative Defenses to 19 the acts alleged? 20 Plaintiff's Second Amended Complaint in the 20 MR. PIKE: Form. 21 lawsuit filed by ■ 21 A Separate and apart from her own 22 (Handing.) 22 testimony on the subject, I cannot answer today 23 (Multi-page document was marked as 23 that question, though I would like to. And upon 24 Plaintiffs Exhibit number 5 for 24 advice of counsel, I must assert my rights under 25 identification, as of this date.) 25 the Sixth, Filth and Fourteenth Amendment. 370 372 1 Q I'm going to ask you again to turn to 1 Q Isn't it true, sir, you're not aware of 2 page 6 where it says "Affirmative Defenses." 2 anyone who has facts to support the statement 3 Do you see where it says "Affirmative 3 that A.C. consented to and was a willing 4 Defenses"? 4