EFTA01107798.pdf

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092, DEPOSITION OF JANE DOE #7 - VOLUME I (videotaped) Monday, March 15, 2010 10:02 - 6:49 p.m. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Rachel W. Bridge, RMR, CRR Notary Public, State of Florida (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107798 EFTA01107799  Page 2 Page 4 APPEARANCES: 1 PROCEEDINGS On behalfof the Plaintiffs in related eases 2 Not 08-80069, 08-80119,08-80232, 08-80380, W40181,0IWW993,011-80994: 3 Deposition taken before Rachel W. Bridge, ADAMD. HOROWITZ, ESQUIRE 4 Certified Realtime Reporter and Notary Public in and for MERMELSTETN & HOROWITZ,P.A. 5 the State ofFlorida at Large, in the above cause. 5 18205 Biscayne Boulevard 6 Suite 2218 6 Miami, Florida 33160 7 THE VIDEOGRAPHER: This is the 15th day of Telephone: 305/931-2200 8 March, 2010. The time is 10:02 a.m. 7 9 This is the videotape deposition oflane Doe On behalfof the Defendant Jeffrey Epstein: 10 9 ROBERT D. CRITION. JR., ESQUIRE #7 in the matter of' Jane Doe number two versus BURMAN, CIUTFON, LUTHER & COLEMAN 11 Epstein. This deposition is being held at 250 10 393 Banyan Boulevard 12 Australian Avenue South, West Palm Beach, Florida. Suite 400 13 My name is Sasha Quimby. Pm the videographer 11 West Palm Beach, Florida 33401 Telephone: 561/842-2820 14 representing Visual Evidence, Inc. 12 15 Would the attorneys please announce their 13 16 appearances for the record. 14 Also Present: Sasha Quimby. videographer 17 15 MR. HOROWITZ: Sure. My name is Adam 16 18 Horowitz, counsel for the witness, plaintiff. 17 19 MR. CARTON: Bob Critton for Jeffrey Epstein. 18 20 Thereupon, 19 20 21 (JANE DOE #7) 21 22 having been first duly sworn a affirmed, was examined 22 23 and testified as follows: 23 24 THE WITNESS: I do. 24 25 25 Page 3 Page 5 1 1 DIRECT EXAMINATION 2 BY MR. CRITTON: 2 INDEX 3 Q. Please tell me your hill name. 3 4 A. lane Doe 7. WITNESS: DIRECT CROSS REDIRECT RECROSS Q. Where do you live, ma'am? 4 6 A. I live in Orlando. Jane Doe 47 7 5 Q. I understand that Where, give me your By Mr. Critton 5 8 address, 6 9 A. 7 10 EXHIBITS 11 Q. Is that apartment or a home? 9 12 A. It's an apartment,M. 10 EXHIBIT PAGE 13 Q. And with whom do you live at that apartment? 11 Defendant's 1 233 14 A. I have a roommate 12 Defendant's 2 233 15 13 Defendant's 3 233 Q. What's 14 Defendant's 4 263 16 A. 15 Defendant's 5 268 17 Q. The last name? 16 Defendant's 6 274 18 A. 17 Defendant's 7 280 18 19 Q. Defendant's 8 294 19 Defendant's 9 301 20 A. I think it's 20 21 Q. How long has your mommate? 21 22 A. She's been my roommate for about four months 22 23 23 now. 24 24 Q. Have you ever given a deposition before? 25 25 A. No, l have not. 2 (Pages 2 to 5) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107800  Page 6 Page 1 Q. I'm confident that Mr. Horowitz, your 1 A. I guess I wasn't under oath for that. 2 attorney, has told you about the procedure. I get to 2 Q. Do you understand the distinction between 3 ask you a lot of questions and he may have some 3 being under oath and not under oath? Is that a yes? 4 questions at the end. You understand that? 4 A. Yes. 5 A. Uh huh. 5 Q. Okay. What's the distinction to you? 6 Q. Yes? 6 A. That you have to tell the full truth. 7 A. Yes. 7 Q. Okay, all right. 8 Q. You need to answer out loud, yes, nos, l don't 8 A. Actually I don't know, because I, I don't 9 know, I don't recall, whatever your answer is. Do you 9 remember being under oath for the medical examiner, so 10 understand that as well? 13 maybe - 11 A. Yes. 11 Q. So you had a medical exam by whom? 12 Q. Okay. If I ask you a question that you don't 12 A. By Dr. Kilman and your medical examiner. I 13 understand, ask me to either to rephrase it or to repeat 13 forget his name. 14 it rll be happy to do that, all right? 14 Q. Okay. When did you see my medical examiner? 15 A. Uh huh yes. 15 How long ago? 16 Q. All right. If you answer a question, I'm 16 A. About two weeks ago. 17 going to assume that you've understood it and answered 17 Q. And you spent how long with him? 18 it truthfully. Fair? 18 A. About five hours. 19 A. Yes. 19 Q. And he took the history, background 20 Q. All right. Any time you want to take a break, 20 information from you as well as you did testing, 21 let us know. Pm okay with that unless you're in the 21 correct? 22 middle of a question or I'm in a series of questions 22 A. Yes. 23 then I'll probably balk at it, but other than that, just 23 Q. And that was two weeks ago, but you don't 24 let us know. 24 remember his name? 25 You understand you are under oath today? 25 A. No. Page 7 Page 9 1 A. Yes. 1 Q. And you called — the evaluator or the person 2 Q. And you understood when you are put under 2 who did the examination at your attomey's request for 3 oath, whether by a court reporter at a deposition or if 3 you in this case is Dr. who? I at a trial if this case goes to trial or by a police 4 A. Kilman. officer, you are required to tell the truth? 5 Q. Kilman, all right. How do you think you spell A. Yes. 6 that? Q. If you don't tell the truth, you may be 7 A. I'm guessing. 6 committing a crime, committing the crime of perjury. 8 Q. All right. Since the time you had — and I'll 9 Do you understand that? 9 represent to you his real name is Kliman. 10 MR. HOROWITZ: Form. 10 A. Kliman, 11 THE WITNESS: Yes. 11 Q. That's all right. Since you did your 12 BY MR. CRITTON: 12 examination with him in December of '08, it wa. 13 Q. I'm sorry? 13 December 5th of '08, have you had any contact with him 14 A. Yes. 14 whatsoever, him being Dr. Kliman? 15 Q. You've been put under oath before, true? 15 A. No, I have not. 16 A. Yes. 16 Q. So with both Dr. Kliman and Dr. Hall, you 17 Q. Okay. And you understand that you were sworn 17 weren't under oath, correct, as you understand it? 18 to tell the truth? 18 A. No, I guess not. 19 A. Yes. 19 Q. I'm sorry? 20 Q. Okay. On how many occasions have you been put 20 A. No, I guess no. 21 under oath where you have given testimony about 21 Q. Well, did you tell him the truth? Did you 22 anything? 22 tell both of than the truth? 23 A. I believe I was under oath at — was that when 23 A. Yes. 24 the medical examiner's, I guess it was — 24 Q. All right. So even though you weren't under 25 Q. Medical examiner, who was that? 25 oath, so there may not be a penalty of perjury 3 (Pages 6 to 9) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107801  Page 10 Page 12 1 associated with it if you lied, it's Your testimony that 1 of scared, because Mcalled me and left a voicemail 2 you told both Dr. ICIhnan and Dr. Hall the truth? 2 on my phone asking about the cops. And I just like 3 A. Yes. 3 didn't know what was going on. So no, I didn't tell 4 Q. Okay. And during the examination that was 4 them everything that happened. 5 done by Dr. Hall, did you feel that you had enough time 5 Q. Okay. 6 to take breaks, that you had an opportunity to fully 6 A. And my parents were there. 7 explore all of the issues that you wanted to discuss 7 Q. Let me move to strike as nonresponsive. 8 with him? 8 But let me get back to you lied to the police 9 A. Yes. 9 officers when they took a, from the Town of Palm 10 Q All right. Did you think he was fair with you 10 Beach — strike that 11 and treated you with respect during the course of the 11 It's your testimony now even though you know 12 interview? 12 that you could be penalized or that you could be found 13 A. Yes, I did. 13 guilty of perjury, it didn't bother you at all to lie to 14 Q. Now I think you told me you've never given a 14 police officers when they put you tinder oath back in 15 deposition before like we're doing here today? 15 October of 2005; is that correct? 16 A. Yes. 16 MR. HOROWITZ: Object to form and asked and 17 Q. That's correct? 17 answered. 18 A. Yes. 18 THE WITNESS: Yes. 19 Q. And you've never testified in cowl, true? 19 BY MR. CRITION: 20 A. Yes. 20 Q. Okay. I71 ask you to assume that the police 21. Q Do you understand that if in fact this case is 21 officers interviewed you from the Town of Palm Beach on 22 not resolved at some point, that you will be testifying 22 October 4th of 2005, all right? 23 in court and people will know that you are lane Doe 7 in 23 A. 1.1h huh. 24 court? 24 Q. Yes? 25 A. Yes. 25 A. Yes. Page 11 Page 13 1 Q. Okay. And you may no longer be Jane Doe, and 1 Q. Okay. Have you read anything through today's 2 whether it's a newspaper or anyone who wants to do a 2 date that suggests to you that you lied to the police 3 story about this case, your name may well become public; 3 officers? That is, what have you seen that makes you 4 do you understand that? 4 remember that you lied to the police officers? 5 MR. HOROWITZ: Foam 5 A. I just remember from my own memory what I told 6 THE WITNESS: Yes. 6 than, that I didn't tell them everything that went on. 7 BY MR. CRITTON: 7 Q. Well, you keep saying I didn't tell them 8 Q. Affright. Now at some point did you give everything. In essence, you lied to the police 9 a — you met with police officers; is that correct, 9 officers, correct? 10 associated with the Town of Palm Beach? 10 MR. HOROWITZ: Firm. That's the third time 11 A. Yes. 11 you asked the question. 12 Q. And did they take a statement from you? 12 MR. CRITTON: Well, but she keeps changing the 13 A. Yes, they did. 13 answer, so — 14 Q. And I asswne you told — the police officers 14 MR. HOROWITZ: No, no, no. 15 put you under oath as well, you swore to tell the whole 15 MR. CR1TTON: You can object to the form. 16 truth, nothing but the truth, so help you God? They put 16 MR. HOROWITZ: Bob, you are harassing her. 17 you under oath? 17 MR. CRITTON: Fm not harassing her. She 18 A. Yes. 18 keeps saying I didn't tell them the whole thing. 19 Q. And you told than the truth as well, correct? 19 There is a distinction between a lie and not 20 A. I didn't tell them the complete truth. 20 telling the truth. 21 Q. You lied to the police officers; is that what 21 MR. HOROWITZ: She said — 22 you're saying? 22 MR. CRITTON: I understand what she's trying 23 A. Yes. I was scared and I was about 18, and I 23 to say. 24 was confused. They just showed up at my house with no 24 MR. HOROWITZ: She answered your question. 25 warning, and I was just kind of in shock and I was kind 25 4 (Pages 10 to 13) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107802  Page 14 Page 16 1 BY MR. CRITTON: 1 A. Uhhttb. 2 Q. Back to my question, ma'am. On October 4 of 2 Q. Yes? 3 2005 when the police officers came to interview you and 3 A. Yes, that's correct. 4 you did not tell them the truth, or from your 4 Q. And you said — so how long did it take you to S perspective the complete truth, you say you were only 18 5 get home? 6 at the time. 6 A. I was about five minutes away from my house. 7 A. I was younger and I was confused. And my 7 Q. All tight. Did you tell your parents don't 3 parents were there and they showed up without me having 8 want to talk to them, I'm scared and confined, maybe 9 any knowledge that they were going to be there besides a even in shock and I'm only 18, so tell them not to come? 10 telephone call I got from my parents. 10 MR. HOROWITZ: Fain. 11 And I showed up and I was scared. I was 11 THE WITNESS: I didn't say that at all. I 12 scared I was going to get in trouble. I was scared what 12 was, I had no idea what it was about, so I had no 13 my parents would think. I was upset. I mean a lot of 13 idea it was about the whole Jeffrey Epstein thing. 14 things were going on then. 14 BY MR. CRITTON: 15 Q. Okay. You were scared what your — and 15 Q. Well, had anybody called you and told you 16 confused as to what your parents would think, but, but 16 anything about Jeffrey Epstein or that the police were 17 you weren't too scared to not tell the police officers 17 interviewing individuals related to Jeffrey Epstein? 18 the truth, correct? 18 MR. HOROWITZ: Form. 19 A. I guess you could say that, yes. 19 THE WITNESS: No, besides left a 20 Q. How else would you describe it? 20 voicemail, but it was I think when I already got 21 A. Just how I did. 21 there, she left a voicemail saying about, asking if 22 Q. All right. Okay. You were 18 at the time. 22 I had, if the cops were at my place and I was 23 YOU were an adult, right? 23 talking to them and if I was going to ask them any 24 A. Uh huh. 24 questions. She just left me a voicemail, so — 25 Q. Yes? 25 Page 15 Page 17 1 A. Yes. 1 BY MR. CRITTON: 2 Q. And you were 18? 2 Q. What about Jane Doe 4, hadn't you talked to 3 MR. HOROWITZ: Form. 3 Jane Doe 4, because she had been interviewed by the 4 THE WITNESS: Yes. 4 police officers, hadn't she? 5 BY MR. CRITTON: 5 A. I don't think she was imerviewed before me. 6 Q. In 2005. Were you in at the time? 6 Q. You think your interview preceded or was 7 A. I believe went to 7 before hoe Doe 4? 8 is where? 8 MR. HOROWITZ: Form. 9 A. It's in Orlando. 9 THE WITNESS: I can't remember exactly, but I 10 Q. So you were in college at the time, correct? 10 think so, yes. 11 A. Yes. 11 BY MR. CRITTON: 12 Q. The police officers called your home? 12 Q. So you show up, you are 18, you are an adult. 13 A. Yes. 13 You can choose to either talk to the police or not, 14 Q. And — 14 correct? 15 A. Well, they didn't call my home. They just 15 A. Uh huh. 16 showed up there and my parents called me saying that 16 Q. Yes? 17 there were two police officers there waiting for me. 17 A. Yes. 18 Q. And so you must have been home from school at 18 MR. HOROWITZ: Form 19 that time? 19 BY MR. CRITTON: 20 A. Yes, I was. I was on break. 20 Q. All right. The confusion from your 21 Q. You were on break. So you had, at least your 21 perspective was you didn't know why the police were 22 parents called you and said there's two police officers 22 there? 23 here from the Town ofPalm Beach? 23 MR. HOROWITZ: Form. 24 A. Yes. 24 BY MR. CRITTON: 25 Q. And they want to talk to you? 25 Q. Right? Otb:0•4•46AMMOaimatoemeaxtet....of 5 (Pages 14 to 17) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107803  Page 18 Page 20 1 A. Yes. 1 police officers? 2 Q. All right. You may have been scared 2 Why did that not make sense to you, ma'am? 3 originally, why are the police at my home? 3 MR. HOROWITZ: Penn. 4 A. (Witness nods head up and down.) 4 THE WITNESS: Because I did not want to hurt 5 Q. All right, I understand that. So you come 5 my mom and let her find out about everything that 6 in. There are two police officers. Males, or one male, 6 happened with Jeffrey. I don't think that's fair 7 one female? 7 to her to hear that from a cop without me telling 8 A. There are two males. 8 her first. 9 Q. They introduce themselves? 9 BY MR. CRITTON: 10 A. Yes. 10 Q. Okay. Well, but you were confused, scared - 11 Q. And what did they say they wanted to talk — 11 and in shock. So don't most young adults who have good 12 let me strike that. 12 relationships with their parents, isn't that one of the 13 Did you speak to the two officers together or 13 first people you would want to talk to is either your 14 were your parents right there with you? 14 mother or father, have them both around? 15 A. My parents were there when they were there and 15 MR. HOROWITZ: Object to the form. 16 I was there. 16 THE WITNESS: No, that would be the last, I 17 Q. So did you all sit down in the living room? 17 wouldn't want her to find out anything until I had 18 A. We sat down outside and they said they wanted 18 time to sit down with her and tell her. I wouldn't 19 to talk to me. I don't exactly remember what they said, 19 want to have her there while cops were 20 but they said something about Jeffrey. And that's when 20 interrogating me. 21 I asked my mom if she could go inside the house. And 21 BY MR. CRITTON: 22 that's when I talked to them. 22 Q. So you knew that the cops were going to 23 Q. How about your dad, was he there too? 23 interrogate you — I'm using your word — right? 24 A. He wasn't there at the house. He was at work. 24 A. Yes. I'm sure they were going to ask me 25 Q. I thought you said both your parents was 25 questions about Jeffrey and what happened. Page 19 Page 21 1 there. So it was only your mom that was there? 1 Q. So therefore, you certainly had the presence 2 A. Well, he came home later. 2 of mind to say, after you knew why the police were 3 Q. I understand that, but you left the impression 3 there, the four of you were standing or sitting outside 4 with me earlier that your dad was there and your mom 4 and you said, "Mom, go inside," because you wanted to be 5 were diem, they were waiting there with the police 5 able to talk -- 6 officers. That's not correct? 6 A. Well, actually — 7 MR. HOROWITZ: Faint. 7 Q. Can I finish my question, please? 8 THE WITNESS: Well, my mom was there and then 8 You wanted to be able to move Mom to a 9 my dad carne home later, so I guess -- 9 different section of the house so you could talk to the 10 BY MR. CRTITON: 10 police officers, find out what they wanted, and then 11 Q. When the police officers were still there? 11 think about what ultimately you would tell your mom; 12 A. Yes. 12 fair statement? 13 Q. So mom, the four ofyou sit down outside, the 13 MR. HOROWITZ: Form, compound. 14 police officers say rd like to talk to you about 14 THE WITNESS: Yes, and also the cops asked her 15 Jeffrey Epstein, you asked your mom to go inside? 15 to go inside too. They, they were actually the 16 A. Uh huh. 16 ones that recommended it. And then I asked her, I 17 Q. Yes? 17 said, "Yes, Mom, could you go inside?" 18 A. Yes. 18 BY MR. CRITTON: 19 Q. You certainly have the presence ofmind to say 19 Q. But you could have said "No, l wain my mom 20 'Mom, go inside"? 20 here"? 21 A. Yes. 21 A. I didn't want her there. 22 Q. Why, if you are 18, only 38, as you describe 22 Q. I understand you didn't, but you could have 23 it, you are confused, you are scared and you are in 23 said 'I want my mother here"? 24 shock, why wouldn't you keep someone who is very close 24 A. Of course I could have. 25 to you, your mother, there before you talked to the 25 Q. All right. But again, you had the presence of 6 (Pages 18 to 21) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107804  Page 22 Page 24 1 mind to determine whether or not you wanted your mother 1 not? 2 to stay or not stay, correct? 2 A. Yes, 3 MR. HOROWITZ: Form. 3 Q. Where police officers want to cone and talk to 4 THE WITNESS: Yes. 4 a particular witness, maybe a suspect in the crime, 5 BY MR. CRITTON: 5 sometimes they talk, sometimes they don't? Q. Let me tell you one other thing. From time to 6 You know that, we've all seen "Law and Order" 7 time 111 ask questions and I may not be done. If I'm 7 and those series. You have seen them too, haven't you? 8 not done with the question, I'm going to tell you, 8 MR. HOROWITZ: Form. 9 because not to be rude to you, but to be certain you 9 THE WITNESS: Yes. 10 understand my full question, right? So that you can 10 BY MR. CRITTON: 11 hear the full thing. 11 Q. Anyhow, you make a conscious decision to say 12 If I chop you off in an answer, just let me 12 okay, I'm going to sit down and talk with the police 13 know. Say, "Critton, I'm not done with my answer," and 13 officers and find out what they want to ask me, right? 14 then Ill let you finish your answer, okay? So that way 14 A. Yes. 15 I make certain that I hear your response as well. 15 Q. How long were they there? 16 A. Okay. 16 A. They were there for about an hour and a half, 17 Q. Okay. So did you tell the police officers 17 two hours. I really don't remember. 18 after you had presence of mind to send your mom into the 18 Q. Did they have a tape recorder with them? 19 house, say took, l don't really vault to talk to you 19 A. I believe so. 20 about this, I'd like to be able to talk to my parents 20 Q. Did they talk to you — during the entire time 21 first and then HI talk to you later"? 21 they talked to you, did they have the tape recorder on? 22 A. I kind of wanted to know what was going on, 22 MR. HOROWITZ: Form. 23 and they made it sound like I needed to talk to them or 23 THE WITNESS: I don't remember. 24 I would get in trouble if I didn't talk to them. 24 BY MR. CRITTON: 25 Q. Why would you get in trouble? 25 Q. Did they have it on fora portion of the Page 23 Page 25 A. Because - 1 interview? 2 MR. HOROWITZ: Form. 2 A. Yes. 3 THE WITNESS: -- they are the cops, and I was 3 Q. And where you raised your right hand and you 4 young, I didn't know. 4 were sworn to tell the truth? 5 BY MR. CRITTON: 5 A. Yes. 6 Q. You were 18. You were an adult 6 Q. And they asked you a bunch of questions? 7 MR. HOROWITZ: Form. 7 A. Yes. 8 BY MR. CRITTON: 8 Q. And if I understand your testimony, it's -- 9 Q. MIS? 9 your position is you didn't lie to them, you just didn't 10 A. Yeah, if you can — yes. 10 tell them everything: is that correct? 11 Q. All right. And other times that you were 11 MR. HOROWITZ: FWD. 12 either confined or scared, you had called your parents 12 THE WITNESS: I admitted that I lied and I 13 and said "Hey, look, I have this particular problem or I 13 didn't tell the whole truth, but I did not tell 14 don't have this — or I have this particular problem, 14 them everything that happened. I just told them 15 what should I do?" 15 some of what happened. 16 You have done that with your parents before? 16 BY MR. CRITTON: 17 A. Yes. 17 Q. Have you ever looked at the police report or 18 Q. All right. Anyhow, so you decide to sit down 18 any probable cause affidavit or police report in 19 and talk with police officers. You made that decision? 19 preparation for your deposition today? 20 MR. HOROWITZ: Form. 20 A. Their police report? 21 BY MR. CRITTON: 21 Q. Have you seen any portions of the police 22 Q. Correct? 22 report that related to the interview relating to you? 23 A. Well, it was kind of like I felt like I had 23 A. No, I don't think so. 24 to. They were at my house. I didn't know any better. 24 Q. Have you looked at anything in preparation for 25 Q. Sure. You have seen TV shows before, had you 25 your deposition today? 7 (Pages 22 to 25) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107805  Page 26 Page 28 1 A. I just read over the Kilman Kliman, 1 Q. Let me get back to the police here. 2 sony — 2 So the police sit and they interview you for 3 Q. Kliman what? 3 an hour and a half to two hours, and during that, not 4 A. When I had an interview with him. 4 only the sworn part of the testimony out of your 5 Q. You mean his questions, your answers, or his S statement, but as well you're saying that you lied to 6 summary of what you said? 6 them during part of, part of what you've said, both 7 MR HOROWITZ: Form. 7 sworn and unsworn, and as well you didn't provide them 8 THE WITNESS: Just his questions and my 8 all the information, right? 9 answers. 9 A. Yes. 10 BY MR. CRITTON: 10 Q. Now, you filed your lawsuit in this case 11 Q. Did you read over your interrogatories, your 11 against Mr. Epstein and you are seeking, at least your 12 answers to the interrogatories? 12 lawyers are asking in part of the complaint for 13 A. Yes. 13 $50 million. Are you aware of that? 14 Q. Okay. When did you do that? 14 A. No, my lawyers take care of all that. 15 A. Actually, l did it right before I came in here 15 Q. All right. Let me show you I'll mark as 16 just to kind of rejog my memory. 16 Exhibit 1. 17 Q. That's fine. Did you look at anything else? 17 (The document was marked Defendant's 18 A. No. 18 Exhibit I for identification.) 19 Q. Have you read anybody else's deposition who 19 BY MR. CRITTON: 20 gave a deposition in this case? 20 Q. Exhibit 1 is the amended complaint that you 21 A. I haven't read anybody else's deposition. 21 filed, that your lawyers — it's the second complaint 22 Q. Have you talked to anyone? You have certainly 22 that actually was filed in this action. The original 23 talked to Jane Doe 4. She is one of your best friends, 23 complaint was filed on September 10th of '08, all right? 24 right? 24 A. I.Jh huh. 25 A. Yes, I talked to her. 25 Q. Yes? Page 27 Page 29 1 Q. And from my recollection of Jane Doe 4's A. Yes. 2 deposition is you guys talk almost every day? 2 Q. All right. So between the time that the 3 MR. HOROWITZ: I'm sorry, are we talking about 3 lawsuit was filed on September -- let me strike that — 4 in preparation for her depo? 4 that you gave a statement to the police officers under 5 MR. CRITTON: Just asking a question. 5 which you, about which you've admitted you did not tell 6 MR. HOROWITZ: You are moving off topic. 6 the truth on October 4,2005, up until three years 7 THE WITNESS: We don't talk every day, no, but 7 later — almost three years later, September 10th of 8 we do talk a lot. 8 '08, did you recontact the police and tell the police 9 BY MR. CRITTON: 9 that you had not told them the truth? In fact, you had 10 Q. Four, five, six times a week? 10 lied to them and withheld information? 11 A. I wouldn't say that much. 11 A. 1 told the FBI that when they came up to visit 12 Q. How often do you still talk? 12 me in Orlando. 13 A. I talked to her recently when I was in town, 13 Q. That wasn't my question. 14 but when I'm in Orlando I don't talk to her every week. 14 MR. HOROWITZ: Form. 15 Q. So if I got your phone records, I might find 15 BY MR. CRITTON: 16 that there are weeks or two weeks at a time that neither 16 Q. My question was did you talk to the Palm Beach 17 one of you are speaking with anyone — with each other, 17 police department — 18 I'm sorry. 18 A. 'never talked to them after that. 19 A. Yes. 19 Q. I need to finish the question. 20 Q. All right. Are you aware that Jane Doe 4 gave 20 A. I'm sorry. 21 a deposition in this case? 21 Q. -- from the time that you first spoke with 22 A. Yes. 22 them on October 4th of 2005 up until the time that the 23 Q. And you have talked to her about her 23 complaint was filed, that is, to bring this lawsuit 24 deposition, haven't you? 24 seeking damages in excess of $50 million against 25 A. Yes. 25 Mr. Epstein, did you ever call or recontact the Palm 8 (Pages 26 to 29) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107806  Page 30 Page 32 1 Beach Police Department and tell them what happened in 1 to lie to the police officers, were you? 2 tams of your interview; that is, that you didn't tell 2 MR. HOROWITZ: Fenn. 3 them the truth, you lied to than? 3 THE WITNESS; Actually, I was scared and 4 MR. HOROWITZ: Object to the form. 4 confused. That is why I lied to them. 5 THE WITNESS: No. 5 BY MR. CRITTON: BY MR. CRITTON: 6 Q. All right. So what were you scared and Q. Why not? 7 confused about? 3 A. Well, because they never called me back to ask 8 A. I was scared because I knew what happened with 9 me any more questions and I tried to move on fran 9 Jeffrey and I knew that was wrong and I, I knew that he 10 everything. I was in school. I was trying to, I was 10 was possibly going to get in trouble, and I didn't know 11 scared about everything that was going on with the media 11 if I was going to get in trouble for going there for 12 and all my friends, and I didn't want to say anything 12 what happened. 13 until I knew exactly what was going on and it was safe 13 So I mean I was mainly scared about that. I 14 for me to say everything and I wasn't going to get in 14 was scared about my parents finding out. Just 15 trouble. 15 everything going on with what happened, I was scared 16 Q. Well, why would you think you would get in 16 about and confused about. 17 trouble? I mean if you didn't hesitate to lie to the 17 Q. Okay. When was the last time you were at 18 Palm Beach Police Department, what trouble did you think 18 Mr. Epstein's home, that you claim you were at 19 you were going to get in? 19 Mr. Epstein's home? 20 MR. HOROWITZ: Form. 20 A. I'm pretty sure it was the end ofmy junior 21 THE WITNESS: I had no idea. I just, I didn't 21 year ofhigh school. 22 really know at the time. I was just scared. 22 Q. Which would have been what? 23 BY MR. CRITTON: 23 A. It would have been 2004, I believe. 24 Q. Well, you knew that perjury was a crime back 24 Q. Okay. And that was the last time you were 25 then, didn't you? 25 there, so it would have been what, approximately May of Page 31 Page 1 MR. HOROWITZ: Form. 1 2004? 7 BY MR. CRITTON: 2 A. T don't remember exact dates, but I just Q. To lie to a police officer under oath? 3 believe it was the end ofmy junior year, so probably A Yes. I also knew what Jeffrey did was a 4 around May or June. crime, but I mean — 5 Q. 2004? 6 Q. I'm not talking about Jeffrey. Go ahead, 6 A. Yes 7 finish your answer. 7 Q. Not 2005? 8 Again, I'm interested in specific answers to 8 A. I don't believe I went in 2005 9 questions, and I'm going to have to move to strike and 9 Q. When did you graduate from la 10 re-ask you the question. So I know that you may have 10 A. 2005. 11 some things that you want to add on. Your lawyer can 11 Q. All right So the end of your —so your 12 certainly come back and cover that, but if you can focus 12 senior year would have been approximately August of '04 13 on my question, this goes a lot faster, but you can 13 through May of'05? 14 answer anything the way you want. 14 A. Yes. 15 My question is with regard to the police 15 Q. So where your Exhibit I, the complaint alleges 16 officers, you knew, you knew that telling them a lie was 16 that you first went to Mr. Epstein's home when you were 17 a crime, correct? 17 16 years old and you continued to go over a period of 18 MR. HOROWITZ: Form Object to the form. 18 one and a half to two years, that's false; is that 19 This is the third time you've asked the question, 19 correct? 20 at least. 20 MB. HOROWITZ: Form. 21 THE WITNESS: Yeah, I already told you. 21 THE WITNESS: I believe so. 22 BY MR. CRITTON: 22 BY MR. CRITTON: 23 Q. Yes? 23 Q. I'm sorry? 24 A. Yes. 24 A. I believe so. 25 Q. Okay. So you weren't too scared or confused 25 Q. So over what period of time, when do you think 9 (Pages 30 to 33) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 EFTA01107807  Page 34 Page 36 1 you first went to Mr. Epstein's home? 1 BY MR. CRITION: 2 A. I believe I went the end of my sophomore year 2 Q. -- to the police officers? 3 611 about the end of my junior year. Fm not sure if 3 MR. HOROWITZ: Form. 4 it was the beginning or the end of my sophomore year. 4 BY MR. CRITTON: 5 Somewhere around there. 5 Q. Whether you were scared or confused at that 6 Q. Well, you told the police that you were 6 time, you probably would have given them at least your 7 approximately 17 when you first went to Mr. Epstein's 7 accurate age when you first went to Mr. Epstein's? 8 home, didn't you? 8 MR. HOROWITZ: Form. 9 A. I don't exactly remember what, when I said 9 THE WITNESS: I may have said it because I was 10 that, I first told them I went. 10 scared and I didn't want to them to think I 11 Q. If I asked you to assume that the police 11 actually went that long, or I don't