gov.uscourts.nysd.447706.1295.2.pdf

Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 1 of 12  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 2 of 12 hundreds of young girls who came and went from the home she shared with Epstein. Her testimony is directly refuted by multiple witnesses. Chillingly, Rinaldo Rizzo, Defendant’s friend’s house manager, through tears, described how Defendant tried to force a 15 year old Swedish girl to have sex with Epstein through threats and stealing her passport.3 Juan Alessi, Epstein’s house manager, testified that Defendant was one of the people who procured the over 100 girls he witnessed visit Epstein, and that he had to clean Defendant’s sex toys.4 3 See McCawley Decl. at Exhibit 6, Rinaldo Rizzo’s June 10, 2016 Dep. Tr. at 52-60. 4 See McCawley Decl. at Exhibit 7, Juan Alessi’s June 1, 2016 Dep. Tr. at 28, 52-54. 2 Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 3 of 12 Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 4 of 12  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 5 of 12 times. She also spent much of her time feigning incomprehension of simple sentences and common words, also causing the same question to be posed to her multiple times. For example, defendant pretended not to understand the question, “Do you believe that Epstein abused minors?,” causing it to be repeated multiple times. Q. . . . do you believe that Jeffrey Epstein abused any minor children? A. Can you repeat the question please and break it down so it's more understandable. Q. Now that you have the police report that I showed you this morning that you had an opportunity to look at. A. You gave it to me, I did not look at it. Q. The questions that I asked you about the police report -- you are aware there is a police report? A. I am aware there is a police report. Q. You are aware there was a criminal investigation of Jeffrey Epstein? A. I am aware that there was that. Q. Now that you are aware of those two things and having talked to Jeffrey Epstein, do you believe Jeffrey Epstein sexually abused minors? A. Can you reask the second part of that question please. Q. Sure. The two documents we were talking about, the document and the investigation, you said you are aware of and after having talked to Jeffrey Epstein, do you believe Jeffrey Epstein sexually abused minors? A. What do you mean I talked to Jeffrey, you need to break the question down further. *** Q. Let's take those two things. After knowing those two things, do you believe that Jeffrey Epstein abused minor children? A. Can you explain what you mean by the question actually. Q. I think the question speaks for itself. I will try again. I will say it one more time because I want you to be able to understand it. Knowing that you have the police report here and knowing about the criminal investigation, do you believe that Jeffrey Epstein sexually abused minors? This sequence goes on and on. Counsel for Ms. Giuffre had to ask Defendant whether she believed Epstein abused minors fourteen more times after this exchange. 15 Still, Defendant never answered the question. See McCawley Decl. at Exhibit 1, Maxwell’s April 22, 2016 Dep. 15 See McCawley Decl. at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 170, 171, 173 (twice), 174 (twice), 175 (twice), 176 (twice), 178, 182 (twice), and 183. Counsel for Ms. Giuffre had to repeat other questions when Defendant did not answer them (e.g., asking about Defendant’s knowledge of abuse of minors in Epstein’s home, See McCawley Dec. at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 90, 168-169). 5  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 6 of 12 Tr. at 168:18 - 181:24. It appears that Defendant’s misleading tally of questions posed to her includes all the times questions were repeated or needlessly re-worded due to her obstructionist deposition tactics. Indeed, Defendant, who claimed her professional role with Epstein was to pay the pool guy,16 has a master’s degree from Oxford University’s Balliol College. Yet, throughout the deposition, she feigned incomprehension of basic questions, and even of basic words. Defendant pretended she did not know what a “puppet” is. See McCawley Decl at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 287-290. Other examples of Defendant’s feigned incomprehension of basic questions to avoid answering questions can be found attached at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 8:23-9:18 (pretending she did not know what a “female” is); 51:13 - 54:14 (pretending she didn’t understand what “sexual acts” were); 69:25-71:16 (pretending she doesn’t know what “sex toys” are); 87:8-91:3 (pretending that the dozens of police reports made by underage girls abused by Epstein were all “lies”). Defendant also repeatedly asked for simple questions to be rephrased, pretending that she did not understand. Specifically, she requested that questions be repeated or re-asked at least twenty-eight times. See McCawley Decl. at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 9, 13, 22, 26, 39, 50, 85, 93, 97, 98, 105, 121, 168-169, 187, 189, 201, 221 (two times), 239, 241, 257, 267, 278-279, 287, 289, 291, 336, and 377. Sometimes changing tact, she also asked for the questions to be broken down/apart. See McCawley Decl. at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 26, 93-94, 168-169, 170. Defendant is correct that there was much repetition in her deposition: many questions were asked multiple times when Defendant did not provide an answer, and many were asked multiple times at Defendant’s own request. 16 See McCawley Decl. at Exhibit 1, Maxwell’s April 22, 2016 Dep. Tr. at 50:18-24. 6  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 7 of 12 Defendant complains in her brief about the length of time she was deposed. That, too, was her own-doing. Her deposition would have been much shorter (and the second one avoided entirely) if she answered the questions posed to her the first time. Indeed, she was playing games, giving non-answers, and feigning incomprehension. It was Defendant’s refusal to answer questions that caused this Court to order her to sit for a second deposition. That could have been avoided by simply answering the questions the first time. Defendant’s behavior not only wasted everyone’s time, but revealed that she could provide no answer to those questions that could aid in her defense. Moreover, Defendant put forth a detailed chart to show that certain questions were “duplicative or redundant,” but, tellingly, did not include Defendant’s responses in the chart. The reason is clear: Defendant’s non-communicative “non-answers” from her first deposition necessitated their repetition. II. DISCUSSION 7 Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 8 of 12 Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 9 of 12 Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 10 of 12  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 11 of 12 By: /s/ Sigrid McCawley Sigrid McCawley (Pro Hac Vice) Meredith Schultz (Pro Hac Vice) Boies Schiller & Flexner LLP 401 E. Las Olas Blvd., Suite 1200 Ft. Lauderdale, FL 33301 (954) 356-0011 David Boies Boies Schiller & Flexner LLP 333 Main Street Armonk, NY 10504 Bradley J. Edwards (Pro Hac Vice) FARMER, JAFFE, WEISSING, EDWARDS, FISTOS & LEHRMAN, P.L. 425 North Andrews Avenue, Suite 2 Fort Lauderdale, Florida 33301 (954) 524-2820 Paul G. Cassell (Pro Hac Vice) S.J. Quinney College of Law University of Utah 383 University St. Salt Lake City, UT 84112 (801) 585-520217 17 This daytime business address is provided for identification and correspondence purposes only and is not intended to imply institutional endorsement by the University of Utah for this private representation. 11  Case 1:15-cv-07433-LAP Document 1295-2 Filed 12/12/22 Page 12 of 12 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 12th day of August, 2016, I electronically filed the foregoing document with the Clerk of Court by using the CM/ECF system. I also certify that the foregoing document is being served this day on the individuals identified below via transmission of Notices of Electronic Filing generated by CM/ECF. Laura A. Menninger, Esq. Jeffrey Pagliuca, Esq. HADDON, MORGAN & FOREMAN, P.C. 150 East 10th Avenue Denver, Colorado 80203 Tel: (303) 831-7364 Fax: (303) 832-2628 Email: [email protected] [email protected] /s/ Sigrid S. McCawley Sigrid S. McCawley 12