EFTA00298342.pdf
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IN 741E CIRCUIT COURT OF THE FIFTEENTH JUDICIAL MOAT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.50200SCA037315000004B AB
1
2
1
APPEARANCES
On tehalf Janc Den I thectralt 8:
JESSICA BOOK ESQUIRE
I
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Plaintiff.
5 6
7 On batonMtn Plaintiff, lane Doe Nall:
6 -vs- VOLUME IV OF IV ISOM MANUEL Minn mom
7 GARCIA. ELKINS & BOEFIFUNGER
9 224 Dina Mew Saito 900
War tide 33401
Defendants Phan
9 I 11 sad
12 TARA k FINNIGAN,!MUM
10 TARA& FINNIGAN.PA
11 13 VA Miura Street
12 DEPOSITION OF State WO
DETECTIVE JOSEPHRECAREY 14 West Pailliarida 33401
13 Mono
14 Friday,March 19, 2010 15
16 an Wulff of the Datong,hffny Emleos
15 10:03 - 5:23 p m 17 MICHAEL PIKE, ESQUIRE
16 505 South [take Drive BURMAN, CRIITOR LETT/ER& COLEMAN, LIP
Suite 1100 la 303 014066 Boolean
17 West Palm Beach, Florida 33401 Stile 4'.0
18 19 West /MC 33401
19 Phone'
20
20
and
21. 21
22
a
Reported By. MIUION O. WhlMIRO. ESQUIRE
Jana Ricciuti. Mit FPR. CLR 22 LAW00110E OF MILTON G. WEINBERG
23 Notary Public. Stew ofFlorida 20 Pin Pima
23 Suite WOO,
Prose Gault Reporting Bent 02116
24 24 Moue:
25 25
Page 5C. Page 503
1 1 Appearances continued...
2 uNDED STATES DISTRICT COURT 2 On behalf of the Witness: '
SOUTHERN DISTRICT OP FLORIDA
3
3 JOANNE M. O'CONNOR, ESQUIRE
CASE NO.10-80309 JONES, FOSTER, JOHNSON & STUBBS, P.A.
4 505 South Flagler Drive, Suite 1100
5 JANE DOE NO. 103. West Florida 33401
Plaintiff, 5 Phone:
7 VOLUME IV OFIV 6
JRPFREY CPSIEIN, 7
9 Defendant. Also Present Jeffrey Epstein
8
10 9
11 10
12 DEPOSITION OF 11
DEIECTIVE JOSEPH RECAREY 12
13
14 Tuesday, April 27, 2010 13
15 10:03 - 5:23 pm. 14
16 505 Saab Flagler Drive 15
Stitt 1100 16
17 Weft Palm Beach, Florida 33401 17
18 18
19
20 19
21 20
22 Reported By: 21
Jam Fticciuti, RPR, FPR, CLR 22
23 Notary Public, State ofFlorida 23
Prose Cain Reporting 24
24
25 25
.... -
2 (Pages 500 to 503)
PROSE. COURT REPORTING AGENCY, INC.
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EFTA00298342
Page 504 Page 506
1 1 counsel?
INDEX 2 MS. ARBOUR: Form.
2
3 THE WITNESS: I believe so, yes.
3
I wrrNESS: COMM CROSS CROSS REDIRECT RECROSS 4 BY MR. WEINBERG:
5 DETECTIVE JOE RECAREY 5 Q. And that was an offer that was extended by the
6 BY MR. WEINBERG 505 6 State Attorney following discussions with the Palm Beach
BY MS. ARDOUR 636 7 Police Department, correct?
7 BY MR. GARCIA 636
8 A. That was when we had just heard about it. We
9 9 were unaware that the offer was made.
10 --- 10 Q. And how did you become aware that the offer
EXHIBITS 11 was made?
11 12 A. I had made numerous telephone calls to the
12 NUMBER DESCRIPTION PAGE
13 13 State Attorney's office to inquire where we were, and
DEPOSITION EX. 29 MESSAGE BOOKS 592
DEPOSITIONEX. 30 HANDWRITTEN NOTE ON 617 14 did not receive any return phone calls. I went over to
14 JEFFREY E. EPSTEINMEMO 15 the State Attorney's office personally on an tmrelated
PAD 16 incident to drop off some filittpackets, and that's
15 DEPOSITION EX. 31 HANDWRITTEN MESSAGE 622 17 when I went by and I saw =was in her office.
16
17 18 Q. was an experienced State attorney,
18 19 correct?
19 20 MS. ARBOUR: Form.
20 21 THE WITNESS: I know she had been there for
21 22 some time.
22
23 23 BY MR. WEINBERG:
24 24 Q. And you knew she had been a prosecutor for sex
25 25 offense cases for some time, correct?
Page 505 Page 507
1 PROCEEDINGS 1 A. She did a lot of crimes against children.
2 2 Q. And she, on other occasions, advocated
3 BY MR. WEINBERG: 3 prosecution of people on felony charges, correct?
4 Q. Good afternoon, sir. 4 A. I hadn't had many dealings with her so I don't
5 A. Good afternoon. 5 know. You know, l knew Mier. She was actually at the
6 Q. To finish up the subject that we were talking 6 office, State Attorney's office, when I was employed
7 about right before the recess, do you ever recall 7 there many years ago.
8 dicr-ncsions with the State Attorney's office about an 8 Q. And that was how many years ago?
offer that was extended to Mr. Epstein to plead guilty 9 A. I've been with Palm Beach almost 19 years.
10 and receive a five-year period of probation for an 10 Q. So we're talking about at least 20 years ago?
11 aggravated assault charge? 11 A. Yeah.
12 A. Yes. 12 Q. And she had been there, to your knowledge,
13 Q. And that was a subject ofdiscussion between 13 continuously from the time that you knew she was there
14 you and members of the State Attornes fice? 14 20 years ago?
15 A. With Assistant State Attorney 15 A. Yeah.
16 I don't know if that's her last name, how 16 Q. And you knew her specialty to be charging
17 it's pronounced, but close enough. 17 people that were — for offenses that dealt with
18 Q. If we call her =, I think we both know who 18 violations of underagtal people, mama
19 we're discussing. 19 MS. ARBOUR: Fonn.
20 A. Yeah. 20 THE WITNESS: I believe so. I believe so.
21 Q. And those discussions occurred within or 21 Like I said, I didn't have many dealings with her.
22 around the winter of 2005,'6? 22 BY MR. WEINBERG:
23 A. I believe so. 23 Q. So you saw her in the office that day?
24 Q. And was that a sentence and a charge option 24 A. And that was the time that I just had learned
25 that was extended to Mr. Epstein through his then 25 of the offer that was made to previous counsel.
3 (Pages 504 to 507)
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1 Q. And did you take a position on that offet? 1 correct?
2 A. Personally, I told her I didn't agree with it, 2 MS. ARBOUR: Form.
3 but I couldn't speak for the department. It actually 3 THE WITNESS: f know that when there's
4 had to come from people with a higher pay grade than 4 misdemeanor arrests in the Town of Palm Beach, a
5 mine, so I just relayed the information back to 5 lot of officers pretty much try to gain any
6 Chief Reiter. 6 intelligence they can from any of the people that
7 Q. And what, if anything, did Chief Reiter do? 7 they encounter. Some of the information actually
8 MS. ARBOUR: Form. 8 leads to other cases, clearance ofminor rocas
9 THE WITNESS: I believe he tried to make 9 thefts, bike thefts.
10 contact with State Attorney Barry Krischer. 10 BY MR. WEINBERG:
11 BY MR. WEINBERG: 11 Q. And in this case, it led to you going to sec
12 Q. Did he make contact with State Attorney 12 Jane Doe 103, first calling her on October 10th and then
13 KriSehe', to your knowledge? 13 visiting ha in Jacksonville on October 11th, correct?
14 A. I'm not 100 percent certain if he did or 14 A. Yes.
15 didn't. I bow there was some time where none of our I5 Q. And you also, in your investigation, learned
16 calls were being returned from the State Attorney's 16 that Jane Doe 103 had lost her job at Victoria Secret
17 office. 17 for stealing, did you not?
18 Q. Jane Doe 103 was one of the witnesses who was 18 A. No.
19 at the center of the State investigation, correct? 19 Q. You never received any information regarding
20 A. One of them, yes. 20 Jane Doe 103's employment history with Victoria Secret?
21 Q. And you knew that Jane Doe 103 had a MySpace 21 A. She was actually employed there when I went up
22 page that was one of the MySpace profiles that was 22 to seeker. Thrift where I met with her.
23 provided to the State Attorney by Mr. Epstein's then 23 Q. Did you ever team at any time that she had a
24 counsel, Professor Dersbowitz, correct? 24 problem that led to her losing her employment?
25 A. Yes, I knew that there were pages sent of the 25 A. No.
Page 509 Page 511
1 MySpaces, but I wasn't sure of whom at that particular 1 Q. So you knew she had been arrested for
2 time. They provided us copies thereafter, but right 2 marijuana?
3 there, immediately, I wasn't aware of whom had pages. 3 A. Uhelmh.
4 Q. You eventually received than and reviewed 4 Q. You knew she had a MySpace page where there
5 than, correct? 5 was information that was -- that showed her to use
6 A. tJb-huh. 6 thugs, correct?
7 Q. And you understood that from even before then, 7 A. Uh-huh.
8 that Jane Doe 103 had a background that involved at 8 MR. PIKE: Yes or no?
9 least one arrest, correct? 9 THE WITNESS: Yes.
10 A. Yes. 10 BY MR. WEINBERG:
11 Q. And you understood that when she was arrested 11 Q. You knew that the role of the State Attorney,
12 in early October, she in fact informed the arresting 12 the prosecutor that would have to present this case to
13 officers that she had information regarding Mr. Epstein, 13 the jury, was to weigh evidence, correct? Not only the
14 correct? 14 evidence you provided but also any evidence that was
15 A. I believe so. 15 provided by those representing the target of criminal
16 Q. And if you go to your probable cause affidavit 16 investigation?
17 ai page 11, at the bottom of 10, it starts, 'On 17 A. Yes.
18 September 11, 2005, Jane Doe 103 was arrested by the 18 Q. And knew that as a result of that weighing
19 Palm Beach Police Department for misdemeanor possession 19 process, =, an experienced State Attorney, told you
20 ofmarijuana. During the arrest, Jane Doe 103 told the 20 that she believed at least that Jane Doe 103 was a
21 arresting officer that she had information about sexual 21 consenting participant and not a victim of criminal
22 activity taking place at the residence ofMr. Epstein." 22 offenses by Mr. Epstein, correct?
23 A. Yes. 23 MR. GARCIA: Object to the form.
24 Q. Jane Doe 103 essentially was asking the 24 THE WITNESS: I don't — consenting victim,
25 arresting officer to assist in her cooperating; is that 25 you mean?
4 (Pages 508 to 511)
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1 BY MR. WEINBERG: 1 case, "Is it okay to take a taxi".
2 Q. She told you that there were no victims here 2 MS. ARBOUR: Form.
3 when — 3 BY MR. WEINBERG:
4 A. Originally, that was her statement, yes. 4 Q. Is that right?
5 Q. Right. And if there were no victims here, 5 MS. ARBOUR: Same objection.
6 then she's really saying to you that, after reviewing 6 THE WITNESS: Yes.
7 all of the evidence that she received, not only from you 7 BY MR. WEINBERG:
8 but from the defense, she didn't consider Jane Doe 103 8 Q. So whoever was at die Epstein home receiving
9 to be a victim? 9 the call would essentially write this denim on a message
10 MS. ARBOUR: Form. 10 pad that had at least two different layers?
11 111E WITNESS: 1believe that's what she 11 MS. ARBOUR: Fem.
12 stated. 12 THE WITNESS: Yes.
13 BY MR. WEINBERG: 13 BY MR. WEINBERG:
14 Q. And given her knowledge of what occurred on El 14 Q. And that when you seized the message pad from
15 Brillo Way, she didn't see any victims in this case. 15 the trash pulls, there was only one layer, which was the
16 MS. ARBOUR: Form. 16 original that had been thrown out or crumpled out,
17 THE WITNESS: 1believe that's what she 17 correct?
18 stated. 18 A. Yes.
19 BY MR. WEINBERG: 19 Q: AM when you went on October 20th and
20 Q. Whether or not she physically did possess the 20 conducted a search and seizure, you would seize the pads
21 message pads or whether she had access to information, 21 that included all of the copies of the original
22 the message pads that you reviewed were in the hundreds, 22 messages, correct?
23 if not thousands, correct? 23 A. Yes.
24 A. Uh-huh. 24 Q. And they were in various handwriting, were
25 Q. And that these pads reflected incoming calls 25 they not?
Page 513 Page 515
1 to Mr. Epstein's phone that was in Mr. Epstein's 1 A. Yes.
2 residence on El Brillo, correct? 2 Q. And they provided you with leads to witnesses,
3 A. Correct. 3 did they not?
4 Q. And they reflected messages that came from 4 A. Yes.
5 people that left their phone numbers? 5 Q. And provided you with names and numbers?
6 A. Yes. 6 A. Yes.
7 Q. And it reflected messages that included, for 7 Q. And gave you information that there was lots
8 instance, from.. on July 9, 2004, is available 8 ofpeople who, at least according to these telephone,
9 on Tuesday. Was that a message that was concluded in 9 incoming telephone calls, were inviting themselves to
10 these message pads? 10 Mr. Epstein's home —
11 MS. ARBOUR: Form. 11 MS. ARBOUR: Form.
12 111E WITNESS: Yes, that was some like that, 12 BY MR. WEINBERG:
13 yes. 13 Q. — either directly or through their friends,
14 BY MR. WEINBERG: 14 correct?
15 Q. And that is clutmeteristic of lots of the 15 MS. ARBOUR: Form.
16 messages that were being received by whoever was taking 16 MR. GARCIA: Object to form.
17 down a message at the Epstein residence, correct? 17 THE WITNESS: There were several messages that
18 . MS. ARBOUR: Form. 18 I recall was written to Mr. Epstein indicating
19 THE WITNESS: Iih-huh, yes, correct. 19 girls' names and times that they were available.
20 BY MR. WEINBERG: 20 BY MR. WEINBERG:
21 Q. And the way it worked, if I'm right, is that 21 Q. Like, for instance here, she wants to confirm
22 somebody would answer the phone and, for instance, the 22 a 11:00 tomorrow, message for JAE from a woman's name.
23 message would say on July 19, '04, Mr. Epstein: Phone 23 That would be typical messages on these pads that you
24 call fromM., leaving a reply mobile phone number or 24 reviewed?
25 cellular number, and leaven very short message, in this 25 MS. ARBOUR: Form.
5 (Pages 512 to 515
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THE WITNESS: That would be some, yes. 1 of 18; is that right?
1
2 BY MR. WEINBERG: 2 A. What groupings?
3 Q. And many of them appeared to be incoming calls 3 Q. Well, let's say, did you ever interview a
4 from different girls which said, Em in town, can I come 4 woman namedII.?
5 over, can I schedule a meeting? 5 A. Yes.
6 MS. ARBOUR: Form. 6 O. And youlcnew that her date of birth was in
7 THE WITNESS: Some were like that. 7 and that she was over 18 when you
8 BY MR. WEINBERG: 8 interviewed her —
Q. And some appeared to be responses to a phone 9 A. Yes.
10 call made by someone at the El Bulb home asking, are 10 Q. — and represented herself to be over 18 when
11
12
you available, and there would be a phone call back
saying, Pm available tomorrow afternoon or Wednesday
11
12
she saw Mr. Epstein?
MS. ARBOUR: Font
I
13 morning or Thursday afternoon. 13 THE WITNESS: Yes. I
14 A. Correct. 14 BY MR. WEINBERG:
15 Q. And by and large, these messages did not 15 Q. And, likewise, was another person who
16 include any negotiation over dollars? In other words, 16 said yes, she had been to Mr. Epstein's house at a time
17 there was not on a message pad that any of these 17 when she was over 18?
18 incoming girls were saying, I will come over ifIeffrey 18 A. Correct
19 gives me $500 or $300; there was no evidence of that 19 Q. And then M. was in her 20s when you
20 kind ofincoming phone call, correct? 20 interviewed her?
21 MS. ARBOUR: Form. 21. A. Yes.
22 THE WITNESS: Not that I can recall, no. 22 Q. And there was an., who after the publicity
23 BY MR. WEINBERG: 23 came out, called in and said she was 25 at the time she
24 Q. And likewise, there was no indication on these 24 met with Mr. Epstein?
25 message pads that any of the people calling 25 A. Yes.
Page 517 Page 519
1 Mr. Epstein's home were, in essence, particularizing 1 Q. And., who you interviewed, who told you
2 what they were going to do or what they intended to do 2 that yes, she went to Mr. Epstein's home on many
3 or what they might do once they got there, correct? 3 occasions, and she was over 187
4 MS. ARBOUR: Form. 4 A. Yes.
5 THE WITNESS: Can you repeat that question? 5 Q. And a
6 BY MR. WEINBERG: 6 A. She was a licensed masseuse.
7 Q. Sure. Theres nothing on these message pads 7 Q. Licensed masseuse who was over 18.
8 that indicates, I'll come over and give a topless 8 A. Yes.
9 massage to Mr. Epstein? 9 Q. And some of the people interviewed had tumcd
10 A. No. 10 18 during the period that they were seeing Mr. Epstein
11 Q. These are essentially contact and scheduling 11 and so told you, correct? In other words, that they had
12 calls? 12 started seeing Mr. Epstein when they were 17, and then
13 MS. ARBOUR: Form. 13 they became 18 and continued to see him when they were
14 THE WITNESS: Yes. 14 18 and, in fact, you interviewed them when they were 18?
15 BY MR, WEINBERG: 15 MS. ARBOUR: Form.
16 Q. And often reflect the fact that the callers 16 THE WITNESS: Some, yes.
17 are not connecting on the first call, so they're going 17 BY MR. WEINBERG:
18 back and forth and trying to arrange times for a 18 Q. And they, too, are included in Mese book of
19 particular woman to come over to Mr. Epstein's home, 19 message pads? In other words, this was not limited, the
20 correct? 20 incoming calls were not limited to girls that were 17 or
21 MS. ARBOUR: Form. 21 16, and included girls that were 18, 19,20, 25 and even
22 THE WITNESS: Yeah. 22 older, correct?
23 BY MR. WEINBERG: 23 MS. ARBOUR: Form.
24 Q. And some of these calls come from a whole 24 THE WITNESS: Correct.
25 grouping of persons that you learned were over the age 25 BY MR. WEINBERG:
6 (Pages 516 to 519)
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Q. Now, when you drafted the search warrant 1 now almost five years ago, that she had said to you that
7 affidavit and you agreed with me that you understood 2 Jeffrey Epstein preferred girls between 18 and 20.
3 when you drafted it, as an experienced detective of 3 A. I would have documented that in the incident
4 almost two decades, that the judge would be relying on 4 report, but...
3 the content of what you preiented to him, correct? 5 Q. Would it be an important modification of the
6 A. Yes. 6 statement attributed to her that Jeffrey Epstein wants
7 MS. ARBOUR: Form, asked and answered. 7 young girls, correct?
9 BY MR. WEINBERG: 8 MS. ARBOUR: Form.
9 Q. That the judge did not have some external 9 THE WITNESS: Had she said it, but again, I
10 bases to test the representations, either for 10 don't —
11 completeness or for accuracy? I1 BY MR. WEINBERG:
12 MS. ARBOUR: Form. 12 Q. I understand. Had she said it, it certainly
13 THE WITNESS: Correct. 13 would have been considered important enough to include
14 BY MR. WEINBERG: 14 in the various affidavits that you drafted that relied
15 Q. And you made representations in the search 15 in part on what told you.
16 warrant affidavit that were repeated in the probable 16 MS. ARBOUR: Form, the tape speaks for itself.
17 cause affidavit, did you not, that were attributed to 17 BY MR. WEINBERG:
18 18 Q. Correct?
19 A. Yes. 19 A. Correct.
20 Q. And directing myself to the probable cause 20 Q. The message pads include messages like, was
21 affidavit, because that's the one that is unsealed and 21 wondering if she would get work tonight, she couldn't
22 an exhibit in this case, you essentially said to, on the 22 work yesterday because of some family event. That's the
23 probable cause affidavit, thatM. said that Jeffrey 23 messages, those contents, you would have view of the
24 Epstein wanted young girls — 24 message pads, correct?
25 A. Yes. 25 MS. ARBOUR: Form. It speaks for themselves.
Page 521 Page 523
1 Q. correct? 1 THE WITNESS: Oh-huh.
2 Do you recall that during your tape recorded 2 BY MR. WEINBERG:
3 interview with M., she told you that Jeffrey Epstein 3 Q. Did you ever interview n woman namedM.?
4 preferred to receive massages from girls between 18 and 4 A. I attempted it, and I don't think she ever
20 years old? 5 returned my calls.
A. I recall her slating, "The younger, the 6 Q. Did you cvcr go to her house?
7 better," but I don't recall that he prefers girls A. Let me think. I may have. I mean, I can't
8 between 18 and 20. 8 recall if I went to her house or not, but I know I
9 Q. Will augrce with me that if the tape 9 telephoned her and I never got any call back from her.
10 recording of interview with you reports that as a 10 Q. Did you, dining this investigation, ever,
11 statement made by her, that the tape recording would be 11 yourself, go to MySpace pages to conduct any background
12 the most accurate source of what she told you back in 12 investigation on the various women that you were
13 early October 2005? 13 proffering to the State Attorney as reliable witnesses?
14 MS. ARBOUR: Form. 14 MR. GARCIA: Objection, asked and answered.
15 MR. GARCIA: Do you have the tape recording to 15 MS. ARBOUR: Joined.
16 play, because my understanding is that's under FRI 16 THE WITNESS: Again, I looked at them when
17. control. 17 they were turned over, but no, l didn't.
18 MR. WEINBERG: asking questions about 18 BY MR. WEINBERG:
19 whether or not it included — 19 Q. I'd ask you to look at page 65 of the incident
20 MR. GARCIA: Without playing the tape 20 report, paragraph 4, and see if that refreshes your
21 recording, I think it's an unfair question. 21 recollection.
22 MR. WEINBERG: You can object. I'll ask it. 22 A. Yes, I did.
23 THE WITNESS: If the recording indicated? 23 Q. And do you recall just how you accessed
24 BY MR. WEINBERG: 24 MySpace? Did you run through a list of all your
25 Q. That III. told you in early October of 2005, 25 witnesses and saw whether or not certain of them had
7 (Pages 520 to 523)
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1 MySpace pages? 1 Beach, Mr. Epstein?
2 A. Correct. 2 A. Yes.
3 Q. And you concluded that -- ifs all redacted 3 Q. And the question is: You went on MySpace, you
4 hero, but it looks like 10 or 12 of your witnesses had 4 looked at certain pages that reflected at least some of
5 MYSPoce Pages. 5 your witnesses who were not only using drugs but
6 A. Correct. 6 bragging about using drugs publically and publishing
7 Q. And did you download the infonnaticm from 7 pictures or references to themselves as drug users,
8 these MySpace pages into sonic evidentiary format? 8 correct?
9 A. I believe either I printed them or I might 9 A. On the MySpace page, right.
10 have viewed them and made reference of it, that 10 Q. Right. Did you do anything else, as an
11 they had a MySpace page. 11 experienced investigator, to try to determine by
12 Q Did you ever study the contents of the MySpace 12 through the investigation into the background of any of
13 page? 13 the witnesses?
14 A. The ones that were viewable, 1 looked at. Thu 14 A. I believe I checked than under the local
15 ones that weren't, eventually they all became private. 15 systems to see if they had been arrested. I did like a
16 Q. And the ones that were viewable, did you 16 criminal background check on them and the sworn taped
17 identify certain of your witnesses as including in their 17 statement that we took as well.
18 MySpace page evidence that they were involved in the use 18 Q. October 20th you went to Mr. Epstein's home
19 of drugs? 19 with a group of others; is that correct?
20 A. I recall pictures of like a marijuana leaf, 20 A. Uh-huh.
21 comments made of being high when the photo was taken and 21. MR. PIKE: Yes?
22 some alcohol use. I remember that as well. 22 THE WITNESS: Yes.
23 Q. And did you include those obsavations in your 23 BY MR. WEINBERG:
24 incident report that ultimately would have gone to the 24 Q. And you went there with a search warrant —
25 State Attorney to assist the State Attorney in assessing 25 A. Correct
Page 525 Page 527
1 the credibility of the people that you were proffering 1 Q. — correct? And in the search warrant, you
2 to them as witnesses? 2 requested the authority to seize all computers, all
3 A. Did I include those in with the State 3 equipment, any discs, any DVDs, any media, correct?
I Attorney? I believe they had them by then. That was 4 A. Uh-huh.
the winter of '05, '06. 5 MS. ARBOUR: Form, asked and answered.
6 Q. But this was an independent review of MySpace 6 THE WITNESS: Correct.
7 that was not related to what Professor Dershowitz gave 7 BY MR. WEINBERG:
the State Attorney; this was something you were 8 Q. And you seized whatever you found there,
reporting that you did on your own, correct? 9 correct?
10 A. I tray have done it on my own to view it myself 10 A. Yes.
11 after learning from the State Attorney's office. I'm 11 Q. And you, yourself, looked through what you
12 not —I can't recall if I did it totally on my own or could look through and asked your forensic people to
13 when I first heard of the MySpace pages, J researched it :3 look through what you couldn't look through; is that
14 myself to view it myself. 14 correct?
15 Q. Did you do anything other Than look at MySpace 15 A. That is correct.
16 pages to try to assess the credibility of any of your 16 Q. And as a result of the search and seizure,
17 witnesses based on what you could learn about them from 17 there was no picture of Jane Doe 103 that was seized,
18 other people? In other words, you were essentially 18 correct?
19 proffering to the State Attorney certain statements that 19 A. That's correct.
20 had been made to you regarding what occurred on El 20 Q. And there was no camera that was found in the
21 Milo Way, correct? 21 massage room, no coven camera found in the second floor
22 A. Uh-huh. 22 massage room of the Epstein home, correct?
23 Q. And you were relying on those statements and 23 MS. ARBOUR: Form.
24 their detail as a basis for asking the State Attorney to 24 THE WITNESS: No, we did not find a camera
25 bring a criminal prosecution against a residence of Palm 25 that day, no.
ccers 14
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1 BY MR. WEINBERG: 1 THE WITNESS: Yes.
2 Q. The only camera you found was the camera that 2 BY MR. WEINBERG:
3 you knew about from your 2003 investigation, the one 3 Q. At any time prior to that, did Jane Doe 103
4 that was in the clock aimed at Mr. Epstein's desk and 4 ever call you and say that she was concerned about an
5 the second camera that was in the garage, correct? 5 investigator?
6 A. We found, yes, the second camera in the 6 A. Yes.
7 garage- • 7 Q. And did she call — do you recall when she
8 Q. Did you ever, on any other day, find any 8 called you? Before or after the service of the
9
10
camera other than the cameras you, yourself, installed
in 2003 and the camera that Mr. Epstein pointed out to
9
10
subpoena, if you remember?
A. It was before. I
11 you in 2003 from the lint floor area? 11 Q. And did she call you at night or in the day I
12 A. No, we didn't see — we didn't find any other 12 time?
13 cameras. 13 A. I believe she called me in the evening time
14 Q. And you had only been to his house, twice; is 14 and left me a voice mail, and I returned her call in the
15 that correct? Once — 15 morning.
16 A. The day of the search warrant and the day that 16 Q. And when she left you a voice mail, where
17 I assisted by putting the cameras. 17 would she have called, into the office, or...
18 Q. You never went back in and altered his home 18 A. Into the Police Department.
19 after October 20, 2005, did you? 19 Q. Did she have your cell phone number?
20 A. No. 20 A. I had provided the victims with a cell phone
21 Q. Do you know of any audio or wire electronic 21 number, yes.
22 interceptions that were directed against Mr. Epstein or 22 Q. Was that a cell phone number that you carried?
23 his residence at any time by anyone? 23 A. Uh-huh.
24 A. No. 24 Q. Was it one of several cell phones you carried?
25 Q. There were certainly none that was connected 25 A. Yes.
Page 529 Page 531
1
1
2
IN 741E CIRCUIT COURT OF THE FIFTEENTH JUDICIAL MOAT
IN AND FOR PALM BEACH COUNTY, FLORIDA
CASE No.50200SCA037315000004B AB
1
2
1
APPEARANCES
On tehalf Janc Den I thectralt 8:
JESSICA BOOK ESQUIRE
I
MERME1812:214 & HOROW112, l'A.
3 W205 lagoon nukearr1
Son 2218
4 S M
phon
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Plaintiff.
5 6
7 On batonMtn Plaintiff, lane Doe Nall:
6 -vs- VOLUME IV OF IV ISOM MANUEL Minn mom
7 GARCIA. ELKINS & BOEFIFUNGER
9 224 Dina Mew Saito 900
War tide 33401
Defendants Phan
9 I 11 sad
12 TARA k FINNIGAN,!MUM
10 TARA& FINNIGAN.PA
11 13 VA Miura Street
12 DEPOSITION OF State WO
DETECTIVE JOSEPHRECAREY 14 West Pailliarida 33401
13 Mono
14 Friday,March 19, 2010 15
16 an Wulff of the Datong,hffny Emleos
15 10:03 - 5:23 p m 17 MICHAEL PIKE, ESQUIRE
16 505 South [take Drive BURMAN, CRIITOR LETT/ER& COLEMAN, LIP
Suite 1100 la 303 014066 Boolean
17 West Palm Beach, Florida 33401 Stile 4'.0
18 19 West /MC 33401
19 Phone'
20
20
and
21. 21
22
a
Reported By. MIUION O. WhlMIRO. ESQUIRE
Jana Ricciuti. Mit FPR. CLR 22 LAW00110E OF MILTON G. WEINBERG
23 Notary Public. Stew ofFlorida 20 Pin Pima
23 Suite WOO,
Prose Gault Reporting Bent 02116
24 24 Moue:
25 25
Page 5C. Page 503
1 1 Appearances continued...
2 uNDED STATES DISTRICT COURT 2 On behalf of the Witness: '
SOUTHERN DISTRICT OP FLORIDA
3
3 JOANNE M. O'CONNOR, ESQUIRE
CASE NO.10-80309 JONES, FOSTER, JOHNSON & STUBBS, P.A.
4 505 South Flagler Drive, Suite 1100
5 JANE DOE NO. 103. West Florida 33401
Plaintiff, 5 Phone:
7 VOLUME IV OFIV 6
JRPFREY CPSIEIN, 7
9 Defendant. Also Present Jeffrey Epstein
8
10 9
11 10
12 DEPOSITION OF 11
DEIECTIVE JOSEPH RECAREY 12
13
14 Tuesday, April 27, 2010 13
15 10:03 - 5:23 pm. 14
16 505 Saab Flagler Drive 15
Stitt 1100 16
17 Weft Palm Beach, Florida 33401 17
18 18
19
20 19
21 20
22 Reported By: 21
Jam Fticciuti, RPR, FPR, CLR 22
23 Notary Public, State ofFlorida 23
Prose Cain Reporting 24
24
25 25
.... -
2 (Pages 500 to 503)
PROSE. COURT REPORTING AGENCY, INC.
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Page 504 Page 506
1 1 counsel?
INDEX 2 MS. ARBOUR: Form.
2
3 THE WITNESS: I believe so, yes.
3
I wrrNESS: COMM CROSS CROSS REDIRECT RECROSS 4 BY MR. WEINBERG:
5 DETECTIVE JOE RECAREY 5 Q. And that was an offer that was extended by the
6 BY MR. WEINBERG 505 6 State Attorney following discussions with the Palm Beach
BY MS. ARDOUR 636 7 Police Department, correct?
7 BY MR. GARCIA 636
8 A. That was when we had just heard about it. We
9 9 were unaware that the offer was made.
10 --- 10 Q. And how did you become aware that the offer
EXHIBITS 11 was made?
11 12 A. I had made numerous telephone calls to the
12 NUMBER DESCRIPTION PAGE
13 13 State Attorney's office to inquire where we were, and
DEPOSITION EX. 29 MESSAGE BOOKS 592
DEPOSITIONEX. 30 HANDWRITTEN NOTE ON 617 14 did not receive any return phone calls. I went over to
14 JEFFREY E. EPSTEINMEMO 15 the State Attorney's office personally on an tmrelated
PAD 16 incident to drop off some filittpackets, and that's
15 DEPOSITION EX. 31 HANDWRITTEN MESSAGE 622 17 when I went by and I saw =was in her office.
16
17 18 Q. was an experienced State attorney,
18 19 correct?
19 20 MS. ARBOUR: Form.
20 21 THE WITNESS: I know she had been there for
21 22 some time.
22
23 23 BY MR. WEINBERG:
24 24 Q. And you knew she had been a prosecutor for sex
25 25 offense cases for some time, correct?
Page 505 Page 507
1 PROCEEDINGS 1 A. She did a lot of crimes against children.
2 2 Q. And she, on other occasions, advocated
3 BY MR. WEINBERG: 3 prosecution of people on felony charges, correct?
4 Q. Good afternoon, sir. 4 A. I hadn't had many dealings with her so I don't
5 A. Good afternoon. 5 know. You know, l knew Mier. She was actually at the
6 Q. To finish up the subject that we were talking 6 office, State Attorney's office, when I was employed
7 about right before the recess, do you ever recall 7 there many years ago.
8 dicr-ncsions with the State Attorney's office about an 8 Q. And that was how many years ago?
offer that was extended to Mr. Epstein to plead guilty 9 A. I've been with Palm Beach almost 19 years.
10 and receive a five-year period of probation for an 10 Q. So we're talking about at least 20 years ago?
11 aggravated assault charge? 11 A. Yeah.
12 A. Yes. 12 Q. And she had been there, to your knowledge,
13 Q. And that was a subject ofdiscussion between 13 continuously from the time that you knew she was there
14 you and members of the State Attornes fice? 14 20 years ago?
15 A. With Assistant State Attorney 15 A. Yeah.
16 I don't know if that's her last name, how 16 Q. And you knew her specialty to be charging
17 it's pronounced, but close enough. 17 people that were — for offenses that dealt with
18 Q. If we call her =, I think we both know who 18 violations of underagtal people, mama
19 we're discussing. 19 MS. ARBOUR: Fonn.
20 A. Yeah. 20 THE WITNESS: I believe so. I believe so.
21 Q. And those discussions occurred within or 21 Like I said, I didn't have many dealings with her.
22 around the winter of 2005,'6? 22 BY MR. WEINBERG:
23 A. I believe so. 23 Q. So you saw her in the office that day?
24 Q. And was that a sentence and a charge option 24 A. And that was the time that I just had learned
25 that was extended to Mr. Epstein through his then 25 of the offer that was made to previous counsel.
3 (Pages 504 to 507)
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Page 508 Page 510
1 Q. And did you take a position on that offet? 1 correct?
2 A. Personally, I told her I didn't agree with it, 2 MS. ARBOUR: Form.
3 but I couldn't speak for the department. It actually 3 THE WITNESS: f know that when there's
4 had to come from people with a higher pay grade than 4 misdemeanor arrests in the Town of Palm Beach, a
5 mine, so I just relayed the information back to 5 lot of officers pretty much try to gain any
6 Chief Reiter. 6 intelligence they can from any of the people that
7 Q. And what, if anything, did Chief Reiter do? 7 they encounter. Some of the information actually
8 MS. ARBOUR: Form. 8 leads to other cases, clearance ofminor rocas
9 THE WITNESS: I believe he tried to make 9 thefts, bike thefts.
10 contact with State Attorney Barry Krischer. 10 BY MR. WEINBERG:
11 BY MR. WEINBERG: 11 Q. And in this case, it led to you going to sec
12 Q. Did he make contact with State Attorney 12 Jane Doe 103, first calling her on October 10th and then
13 KriSehe', to your knowledge? 13 visiting ha in Jacksonville on October 11th, correct?
14 A. I'm not 100 percent certain if he did or 14 A. Yes.
15 didn't. I bow there was some time where none of our I5 Q. And you also, in your investigation, learned
16 calls were being returned from the State Attorney's 16 that Jane Doe 103 had lost her job at Victoria Secret
17 office. 17 for stealing, did you not?
18 Q. Jane Doe 103 was one of the witnesses who was 18 A. No.
19 at the center of the State investigation, correct? 19 Q. You never received any information regarding
20 A. One of them, yes. 20 Jane Doe 103's employment history with Victoria Secret?
21 Q. And you knew that Jane Doe 103 had a MySpace 21 A. She was actually employed there when I went up
22 page that was one of the MySpace profiles that was 22 to seeker. Thrift where I met with her.
23 provided to the State Attorney by Mr. Epstein's then 23 Q. Did you ever team at any time that she had a
24 counsel, Professor Dersbowitz, correct? 24 problem that led to her losing her employment?
25 A. Yes, I knew that there were pages sent of the 25 A. No.
Page 509 Page 511
1 MySpaces, but I wasn't sure of whom at that particular 1 Q. So you knew she had been arrested for
2 time. They provided us copies thereafter, but right 2 marijuana?
3 there, immediately, I wasn't aware of whom had pages. 3 A. Uhelmh.
4 Q. You eventually received than and reviewed 4 Q. You knew she had a MySpace page where there
5 than, correct? 5 was information that was -- that showed her to use
6 A. tJb-huh. 6 thugs, correct?
7 Q. And you understood that from even before then, 7 A. Uh-huh.
8 that Jane Doe 103 had a background that involved at 8 MR. PIKE: Yes or no?
9 least one arrest, correct? 9 THE WITNESS: Yes.
10 A. Yes. 10 BY MR. WEINBERG:
11 Q. And you understood that when she was arrested 11 Q. You knew that the role of the State Attorney,
12 in early October, she in fact informed the arresting 12 the prosecutor that would have to present this case to
13 officers that she had information regarding Mr. Epstein, 13 the jury, was to weigh evidence, correct? Not only the
14 correct? 14 evidence you provided but also any evidence that was
15 A. I believe so. 15 provided by those representing the target of criminal
16 Q. And if you go to your probable cause affidavit 16 investigation?
17 ai page 11, at the bottom of 10, it starts, 'On 17 A. Yes.
18 September 11, 2005, Jane Doe 103 was arrested by the 18 Q. And knew that as a result of that weighing
19 Palm Beach Police Department for misdemeanor possession 19 process, =, an experienced State Attorney, told you
20 ofmarijuana. During the arrest, Jane Doe 103 told the 20 that she believed at least that Jane Doe 103 was a
21 arresting officer that she had information about sexual 21 consenting participant and not a victim of criminal
22 activity taking place at the residence ofMr. Epstein." 22 offenses by Mr. Epstein, correct?
23 A. Yes. 23 MR. GARCIA: Object to the form.
24 Q. Jane Doe 103 essentially was asking the 24 THE WITNESS: I don't — consenting victim,
25 arresting officer to assist in her cooperating; is that 25 you mean?
4 (Pages 508 to 511)
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1 BY MR. WEINBERG: 1 case, "Is it okay to take a taxi".
2 Q. She told you that there were no victims here 2 MS. ARBOUR: Form.
3 when — 3 BY MR. WEINBERG:
4 A. Originally, that was her statement, yes. 4 Q. Is that right?
5 Q. Right. And if there were no victims here, 5 MS. ARBOUR: Same objection.
6 then she's really saying to you that, after reviewing 6 THE WITNESS: Yes.
7 all of the evidence that she received, not only from you 7 BY MR. WEINBERG:
8 but from the defense, she didn't consider Jane Doe 103 8 Q. So whoever was at die Epstein home receiving
9 to be a victim? 9 the call would essentially write this denim on a message
10 MS. ARBOUR: Form. 10 pad that had at least two different layers?
11 111E WITNESS: 1believe that's what she 11 MS. ARBOUR: Fem.
12 stated. 12 THE WITNESS: Yes.
13 BY MR. WEINBERG: 13 BY MR. WEINBERG:
14 Q. And given her knowledge of what occurred on El 14 Q. And that when you seized the message pad from
15 Brillo Way, she didn't see any victims in this case. 15 the trash pulls, there was only one layer, which was the
16 MS. ARBOUR: Form. 16 original that had been thrown out or crumpled out,
17 THE WITNESS: 1believe that's what she 17 correct?
18 stated. 18 A. Yes.
19 BY MR. WEINBERG: 19 Q: AM when you went on October 20th and
20 Q. Whether or not she physically did possess the 20 conducted a search and seizure, you would seize the pads
21 message pads or whether she had access to information, 21 that included all of the copies of the original
22 the message pads that you reviewed were in the hundreds, 22 messages, correct?
23 if not thousands, correct? 23 A. Yes.
24 A. Uh-huh. 24 Q. And they were in various handwriting, were
25 Q. And that these pads reflected incoming calls 25 they not?
Page 513 Page 515
1 to Mr. Epstein's phone that was in Mr. Epstein's 1 A. Yes.
2 residence on El Brillo, correct? 2 Q. And they provided you with leads to witnesses,
3 A. Correct. 3 did they not?
4 Q. And they reflected messages that came from 4 A. Yes.
5 people that left their phone numbers? 5 Q. And provided you with names and numbers?
6 A. Yes. 6 A. Yes.
7 Q. And it reflected messages that included, for 7 Q. And gave you information that there was lots
8 instance, from.. on July 9, 2004, is available 8 ofpeople who, at least according to these telephone,
9 on Tuesday. Was that a message that was concluded in 9 incoming telephone calls, were inviting themselves to
10 these message pads? 10 Mr. Epstein's home —
11 MS. ARBOUR: Form. 11 MS. ARBOUR: Form.
12 111E WITNESS: Yes, that was some like that, 12 BY MR. WEINBERG:
13 yes. 13 Q. — either directly or through their friends,
14 BY MR. WEINBERG: 14 correct?
15 Q. And that is clutmeteristic of lots of the 15 MS. ARBOUR: Form.
16 messages that were being received by whoever was taking 16 MR. GARCIA: Object to form.
17 down a message at the Epstein residence, correct? 17 THE WITNESS: There were several messages that
18 . MS. ARBOUR: Form. 18 I recall was written to Mr. Epstein indicating
19 THE WITNESS: Iih-huh, yes, correct. 19 girls' names and times that they were available.
20 BY MR. WEINBERG: 20 BY MR. WEINBERG:
21 Q. And the way it worked, if I'm right, is that 21 Q. Like, for instance here, she wants to confirm
22 somebody would answer the phone and, for instance, the 22 a 11:00 tomorrow, message for JAE from a woman's name.
23 message would say on July 19, '04, Mr. Epstein: Phone 23 That would be typical messages on these pads that you
24 call fromM., leaving a reply mobile phone number or 24 reviewed?
25 cellular number, and leaven very short message, in this 25 MS. ARBOUR: Form.
5 (Pages 512 to 515
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THE WITNESS: That would be some, yes. 1 of 18; is that right?
1
2 BY MR. WEINBERG: 2 A. What groupings?
3 Q. And many of them appeared to be incoming calls 3 Q. Well, let's say, did you ever interview a
4 from different girls which said, Em in town, can I come 4 woman namedII.?
5 over, can I schedule a meeting? 5 A. Yes.
6 MS. ARBOUR: Form. 6 O. And youlcnew that her date of birth was in
7 THE WITNESS: Some were like that. 7 and that she was over 18 when you
8 BY MR. WEINBERG: 8 interviewed her —
Q. And some appeared to be responses to a phone 9 A. Yes.
10 call made by someone at the El Bulb home asking, are 10 Q. — and represented herself to be over 18 when
11
12
you available, and there would be a phone call back
saying, Pm available tomorrow afternoon or Wednesday
11
12
she saw Mr. Epstein?
MS. ARBOUR: Font
I
13 morning or Thursday afternoon. 13 THE WITNESS: Yes. I
14 A. Correct. 14 BY MR. WEINBERG:
15 Q. And by and large, these messages did not 15 Q. And, likewise, was another person who
16 include any negotiation over dollars? In other words, 16 said yes, she had been to Mr. Epstein's house at a time
17 there was not on a message pad that any of these 17 when she was over 18?
18 incoming girls were saying, I will come over ifIeffrey 18 A. Correct
19 gives me $500 or $300; there was no evidence of that 19 Q. And then M. was in her 20s when you
20 kind ofincoming phone call, correct? 20 interviewed her?
21 MS. ARBOUR: Form. 21. A. Yes.
22 THE WITNESS: Not that I can recall, no. 22 Q. And there was an., who after the publicity
23 BY MR. WEINBERG: 23 came out, called in and said she was 25 at the time she
24 Q. And likewise, there was no indication on these 24 met with Mr. Epstein?
25 message pads that any of the people calling 25 A. Yes.
Page 517 Page 519
1 Mr. Epstein's home were, in essence, particularizing 1 Q. And., who you interviewed, who told you
2 what they were going to do or what they intended to do 2 that yes, she went to Mr. Epstein's home on many
3 or what they might do once they got there, correct? 3 occasions, and she was over 187
4 MS. ARBOUR: Form. 4 A. Yes.
5 THE WITNESS: Can you repeat that question? 5 Q. And a
6 BY MR. WEINBERG: 6 A. She was a licensed masseuse.
7 Q. Sure. Theres nothing on these message pads 7 Q. Licensed masseuse who was over 18.
8 that indicates, I'll come over and give a topless 8 A. Yes.
9 massage to Mr. Epstein? 9 Q. And some of the people interviewed had tumcd
10 A. No. 10 18 during the period that they were seeing Mr. Epstein
11 Q. These are essentially contact and scheduling 11 and so told you, correct? In other words, that they had
12 calls? 12 started seeing Mr. Epstein when they were 17, and then
13 MS. ARBOUR: Form. 13 they became 18 and continued to see him when they were
14 THE WITNESS: Yes. 14 18 and, in fact, you interviewed them when they were 18?
15 BY MR, WEINBERG: 15 MS. ARBOUR: Form.
16 Q. And often reflect the fact that the callers 16 THE WITNESS: Some, yes.
17 are not connecting on the first call, so they're going 17 BY MR. WEINBERG:
18 back and forth and trying to arrange times for a 18 Q. And they, too, are included in Mese book of
19 particular woman to come over to Mr. Epstein's home, 19 message pads? In other words, this was not limited, the
20 correct? 20 incoming calls were not limited to girls that were 17 or
21 MS. ARBOUR: Form. 21 16, and included girls that were 18, 19,20, 25 and even
22 THE WITNESS: Yeah. 22 older, correct?
23 BY MR. WEINBERG: 23 MS. ARBOUR: Form.
24 Q. And some of these calls come from a whole 24 THE WITNESS: Correct.
25 grouping of persons that you learned were over the age 25 BY MR. WEINBERG:
6 (Pages 516 to 519)
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Q. Now, when you drafted the search warrant 1 now almost five years ago, that she had said to you that
7 affidavit and you agreed with me that you understood 2 Jeffrey Epstein preferred girls between 18 and 20.
3 when you drafted it, as an experienced detective of 3 A. I would have documented that in the incident
4 almost two decades, that the judge would be relying on 4 report, but...
3 the content of what you preiented to him, correct? 5 Q. Would it be an important modification of the
6 A. Yes. 6 statement attributed to her that Jeffrey Epstein wants
7 MS. ARBOUR: Form, asked and answered. 7 young girls, correct?
9 BY MR. WEINBERG: 8 MS. ARBOUR: Form.
9 Q. That the judge did not have some external 9 THE WITNESS: Had she said it, but again, I
10 bases to test the representations, either for 10 don't —
11 completeness or for accuracy? I1 BY MR. WEINBERG:
12 MS. ARBOUR: Form. 12 Q. I understand. Had she said it, it certainly
13 THE WITNESS: Correct. 13 would have been considered important enough to include
14 BY MR. WEINBERG: 14 in the various affidavits that you drafted that relied
15 Q. And you made representations in the search 15 in part on what told you.
16 warrant affidavit that were repeated in the probable 16 MS. ARBOUR: Form, the tape speaks for itself.
17 cause affidavit, did you not, that were attributed to 17 BY MR. WEINBERG:
18 18 Q. Correct?
19 A. Yes. 19 A. Correct.
20 Q. And directing myself to the probable cause 20 Q. The message pads include messages like, was
21 affidavit, because that's the one that is unsealed and 21 wondering if she would get work tonight, she couldn't
22 an exhibit in this case, you essentially said to, on the 22 work yesterday because of some family event. That's the
23 probable cause affidavit, thatM. said that Jeffrey 23 messages, those contents, you would have view of the
24 Epstein wanted young girls — 24 message pads, correct?
25 A. Yes. 25 MS. ARBOUR: Form. It speaks for themselves.
Page 521 Page 523
1 Q. correct? 1 THE WITNESS: Oh-huh.
2 Do you recall that during your tape recorded 2 BY MR. WEINBERG:
3 interview with M., she told you that Jeffrey Epstein 3 Q. Did you ever interview n woman namedM.?
4 preferred to receive massages from girls between 18 and 4 A. I attempted it, and I don't think she ever
20 years old? 5 returned my calls.
A. I recall her slating, "The younger, the 6 Q. Did you cvcr go to her house?
7 better," but I don't recall that he prefers girls A. Let me think. I may have. I mean, I can't
8 between 18 and 20. 8 recall if I went to her house or not, but I know I
9 Q. Will augrce with me that if the tape 9 telephoned her and I never got any call back from her.
10 recording of interview with you reports that as a 10 Q. Did you, dining this investigation, ever,
11 statement made by her, that the tape recording would be 11 yourself, go to MySpace pages to conduct any background
12 the most accurate source of what she told you back in 12 investigation on the various women that you were
13 early October 2005? 13 proffering to the State Attorney as reliable witnesses?
14 MS. ARBOUR: Form. 14 MR. GARCIA: Objection, asked and answered.
15 MR. GARCIA: Do you have the tape recording to 15 MS. ARBOUR: Joined.
16 play, because my understanding is that's under FRI 16 THE WITNESS: Again, I looked at them when
17. control. 17 they were turned over, but no, l didn't.
18 MR. WEINBERG: asking questions about 18 BY MR. WEINBERG:
19 whether or not it included — 19 Q. I'd ask you to look at page 65 of the incident
20 MR. GARCIA: Without playing the tape 20 report, paragraph 4, and see if that refreshes your
21 recording, I think it's an unfair question. 21 recollection.
22 MR. WEINBERG: You can object. I'll ask it. 22 A. Yes, I did.
23 THE WITNESS: If the recording indicated? 23 Q. And do you recall just how you accessed
24 BY MR. WEINBERG: 24 MySpace? Did you run through a list of all your
25 Q. That III. told you in early October of 2005, 25 witnesses and saw whether or not certain of them had
7 (Pages 520 to 523)
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1 MySpace pages? 1 Beach, Mr. Epstein?
2 A. Correct. 2 A. Yes.
3 Q. And you concluded that -- ifs all redacted 3 Q. And the question is: You went on MySpace, you
4 hero, but it looks like 10 or 12 of your witnesses had 4 looked at certain pages that reflected at least some of
5 MYSPoce Pages. 5 your witnesses who were not only using drugs but
6 A. Correct. 6 bragging about using drugs publically and publishing
7 Q. And did you download the infonnaticm from 7 pictures or references to themselves as drug users,
8 these MySpace pages into sonic evidentiary format? 8 correct?
9 A. I believe either I printed them or I might 9 A. On the MySpace page, right.
10 have viewed them and made reference of it, that 10 Q. Right. Did you do anything else, as an
11 they had a MySpace page. 11 experienced investigator, to try to determine by
12 Q Did you ever study the contents of the MySpace 12 through the investigation into the background of any of
13 page? 13 the witnesses?
14 A. The ones that were viewable, 1 looked at. Thu 14 A. I believe I checked than under the local
15 ones that weren't, eventually they all became private. 15 systems to see if they had been arrested. I did like a
16 Q. And the ones that were viewable, did you 16 criminal background check on them and the sworn taped
17 identify certain of your witnesses as including in their 17 statement that we took as well.
18 MySpace page evidence that they were involved in the use 18 Q. October 20th you went to Mr. Epstein's home
19 of drugs? 19 with a group of others; is that correct?
20 A. I recall pictures of like a marijuana leaf, 20 A. Uh-huh.
21 comments made of being high when the photo was taken and 21. MR. PIKE: Yes?
22 some alcohol use. I remember that as well. 22 THE WITNESS: Yes.
23 Q. And did you include those obsavations in your 23 BY MR. WEINBERG:
24 incident report that ultimately would have gone to the 24 Q. And you went there with a search warrant —
25 State Attorney to assist the State Attorney in assessing 25 A. Correct
Page 525 Page 527
1 the credibility of the people that you were proffering 1 Q. — correct? And in the search warrant, you
2 to them as witnesses? 2 requested the authority to seize all computers, all
3 A. Did I include those in with the State 3 equipment, any discs, any DVDs, any media, correct?
I Attorney? I believe they had them by then. That was 4 A. Uh-huh.
the winter of '05, '06. 5 MS. ARBOUR: Form, asked and answered.
6 Q. But this was an independent review of MySpace 6 THE WITNESS: Correct.
7 that was not related to what Professor Dershowitz gave 7 BY MR. WEINBERG:
the State Attorney; this was something you were 8 Q. And you seized whatever you found there,
reporting that you did on your own, correct? 9 correct?
10 A. I tray have done it on my own to view it myself 10 A. Yes.
11 after learning from the State Attorney's office. I'm 11 Q. And you, yourself, looked through what you
12 not —I can't recall if I did it totally on my own or could look through and asked your forensic people to
13 when I first heard of the MySpace pages, J researched it :3 look through what you couldn't look through; is that
14 myself to view it myself. 14 correct?
15 Q. Did you do anything other Than look at MySpace 15 A. That is correct.
16 pages to try to assess the credibility of any of your 16 Q. And as a result of the search and seizure,
17 witnesses based on what you could learn about them from 17 there was no picture of Jane Doe 103 that was seized,
18 other people? In other words, you were essentially 18 correct?
19 proffering to the State Attorney certain statements that 19 A. That's correct.
20 had been made to you regarding what occurred on El 20 Q. And there was no camera that was found in the
21 Milo Way, correct? 21 massage room, no coven camera found in the second floor
22 A. Uh-huh. 22 massage room of the Epstein home, correct?
23 Q. And you were relying on those statements and 23 MS. ARBOUR: Form.
24 their detail as a basis for asking the State Attorney to 24 THE WITNESS: No, we did not find a camera
25 bring a criminal prosecution against a residence of Palm 25 that day, no.
ccers 14
/ .-7,- a -2-- , 44.4aredeSev*......-4t-YeetSiers, Mr-nteaf J
8 (Pages 524 to 527
PROSE COURT REPORTING AGENCY, INC.
Electronically signed by Jeana IlIcciutl (601
Electronically signed by Jeans Riccluti (601 bded1876-c726-432da-f0419666661291
EFTA00298348
Page 529 Page 530
1 BY MR. WEINBERG: 1 THE WITNESS: Yes.
2 Q. The only camera you found was the camera that 2 BY MR. WEINBERG:
3 you knew about from your 2003 investigation, the one 3 Q. At any time prior to that, did Jane Doe 103
4 that was in the clock aimed at Mr. Epstein's desk and 4 ever call you and say that she was concerned about an
5 the second camera that was in the garage, correct? 5 investigator?
6 A. We found, yes, the second camera in the 6 A. Yes.
7 garage- • 7 Q. And did she call — do you recall when she
8 Q. Did you ever, on any other day, find any 8 called you? Before or after the service of the
9
10
camera other than the cameras you, yourself, installed
in 2003 and the camera that Mr. Epstein pointed out to
9
10
subpoena, if you remember?
A. It was before. I
11 you in 2003 from the lint floor area? 11 Q. And did she call you at night or in the day I
12 A. No, we didn't see — we didn't find any other 12 time?
13 cameras. 13 A. I believe she called me in the evening time
14 Q. And you had only been to his house, twice; is 14 and left me a voice mail, and I returned her call in the
15 that correct? Once — 15 morning.
16 A. The day of the search warrant and the day that 16 Q. And when she left you a voice mail, where
17 I assisted by putting the cameras. 17 would she have called, into the office, or...
18 Q. You never went back in and altered his home 18 A. Into the Police Department.
19 after October 20, 2005, did you? 19 Q. Did she have your cell phone number?
20 A. No. 20 A. I had provided the victims with a cell phone
21 Q. Do you know of any audio or wire electronic 21 number, yes.
22 interceptions that were directed against Mr. Epstein or 22 Q. Was that a cell phone number that you carried?
23 his residence at any time by anyone? 23 A. Uh-huh.
24 A. No. 24 Q. Was it one of several cell phones you carried?
25 Q. There were certainly none that was connected 25 A. Yes.
Page 529 Page 531
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