EFTA01111154.pdf

Filing # 38774829 E-Filed 03/08/2016 07:20:19 PM IN THE. CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY. FLORIDA CIVIL DIVISION BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072 PAUL G. CASSELL. Plaintiffs, V. ALAN DERSHOWITZ, Defendant. OPPOSITION TO DEFENDANT'S MOTION TO CONTINUE HEARING AND MOTION TO STRIKE MOTION OF NON-PARTY VIRGINIA ROBERTS' MOTION FOR SANCTIONS Non-Party y and through undersigned counsel, hereby responds to Defendant's Motion to Continue Hearing and Motion to Strike Motion of Non-Party MIll Motion for Sanctions and states as follows: ROM C FION Dcrshowitz has had it his mission to publically disgrace -- who was a victim of sexual trafficking when she was a minor -- calling her, among other things, a "prostitute" and a "bad mother" during his press conferences. See Affidavit of Sigrid McCawley ("McCawIcy Affidavit") at Exhibit I, Local 10 News, January 22. 2015. Dershowitz has subpoenaed Ms. cstitnony in this matter and engaged in confidential settlement discussions with her lawyers. He then, knowingly, wrongfully and willfully, revealed those confidential settlement discussions to the New York Times for purposes of inflicting harm to character by callously misrepresenting those confidential settlement *** FILED: BROWARD COUNTY. FL HOWARD FORMAN. CLERK 3/8/2016 7:20:19 PM EFTA01111154 discussions ounsel immediately filed an emergency motion with the Court asking the Court to seal the offending affidavit that he filed with this Court and that had been intentionally leaked to the press. The Court granted Ms.notion to Seal and resented ruling on her Motion to Strike and for Sanctions to allow counsel for Dershowitz time to respond. Dershowitz's counsel agreed that the matter would be heard at the Special Set Hearing on March 11, 2016. Now, just days before the special set hearing. Dershowitz has hired yet another set of new lawyers who he contends have a conflict with the March 11, 2016 date and therefore, asks the Court to cancel the Special Set Hearing. Dershowitz is clearly misstating his ability to have counsel present at this Friday's hearing because he testified that he has an attorney client relationship with over 35 lawyers. See McCawley Affidavit at Exhibit 2 (Dershowitz's Deposition Transcript at pgs. 24-42). Surely one of his able counsel can be present at the hearing on the date they specifically agreed to. See McCawley Affidavit at Exhibit 3. E-mail Correspondence confirming the March 1 l'h Special Set Hearing date. What Dershowitz is really trying to do here is find a way to stall the sanctions hearing because he knows his conduct was in clear bad faith in two ways — first by intentionally revealing and misrepresenting confidential settlement discussions to the Court. public and press, and, second, even after the Court made a finding that the discussions were confidential and scaled the affidavit, Dershowitz directly violated that order by again misrepresenting those confidential settlement discussions at his deposition. Dershowitz knows he has no valid basis to avoid being sanctioned by this Court for his flagrant bad faith litigation conduct, so he is grasping for a way to try to avoid having the motion to strike and for sanctions heard. Dershowitz's eleventh hour attempt to avoid having the sanctions motion heard is his unsupported argument that M=vho was subpoenaed by him in this case and clearly injured by his conduct, does not have standing to seek recourse for Dershowitz's wrongful 2 EFTA01111155 actions against her. This argument is a red herring and indeed Dershowitz's own counsel stated that Ms. ad standing to participate and object in this proceeding. See McCawley Affidavit at Exhibit 2 (Dershowitz Deposition at 95). Dershowitz's other argument that is equally baseless is that he contends the parties may be settling, and therefore, he is intentionally stalling this hearing in the hopes of arguing that the Court would be divested of jurisdiction to hear this issue if the parties entered a voluntary dismissal. The Court can obviously retain jurisdiction over certain matters even if the parties did submit a stipulated dismissal to this Court — but more importantly — no such dismissal has been submitted. ARGUMENT 1. Dershowitz's Is Repeatedly Engaging In Bad Faith Litigation Conduct And He Should Be Sanctioned. Mr. Dershowitz brings this motion in bad faith: it is a transparent attempt to avoid this Court's imposition of sanctions for his violation of this Court's Order and other behavior in contravention of Florida law'. By his own sworn testimony, Mr. Dershowitz is represented by 35 attorneys. lie neither alleges that they no longer represent him, nor that they are unable to represent him competently in Friday's hearing. Indeed, it would be hard to find a party with more capable or plentiful representation. Instead, he has suddenly, allegedly, decided upon new counsel on the eve of his sanctions hearing. Conveniently, neither of those attorneys are available for the March I I, 2016 Special Set Hearing that Dershowitz's other counsel agreed to. (Defendant's Motion to Continue at 2). The motion for sanctions arises, in part, over Mr. Dershowitz's flagrant violation of this Dershowitz had full opportunity to brief these issues in response to Ms. Motion to Seal and his mos otion to Strike is simply an effort to try to supplement his prior response without allowing Ms. counsel sufficient time to respond in advance of the hearing. Accordingly, to the extent the Court moves the hearing to a later date, counsel for Ms reserves her right to supplement this filing. 3 EFTA01111156 Court's Order. This Court should not countenance Mr. Dershowitz's continued flouting of this Court's authority by allowing him to avoid the hearing on sanctions based on a bad faith maneuver to delay. "A trial court has broad discretion to impose sanctions on litigants for their conduct before the court," Riley v. Associates Home Equity Serve.. Inc., and this bad faith motion to avoid his hearing on the same constitutes additional grounds to grant the motion for sanctions. 850 So. 2d 661, 663 (Fla. Dist. Ct. App. 2003).2 2. Ms lHas Standing to Seek Redress for Dershowitz's Bad Faith Litigation Conduct as She is the Party Who Suffered iniury From That Conduct a. Ms. =Bias Suffered an Injury in Fact and has Standing Seek Relief from the Court for Her injuries Individuals have standing to vindicate their own legal rights. A person has standing to redress a harm when they have "more than an indirect or inconsequential interest in the case." See Sweetwater Country Club Homeowners Association Inc. v. Husker Co., 613 So.2d 936 (Fla. I' DCA finding that country club had standing to seek redress in the action where its interest in the property could be affected). Nonparties have standing if their rights are adversely affected. See In re Piper Funds, Inc., 71 F.3d 298, 301 (8th Cir.1995). See also Stoppa v. Hal Harbour VW., 385 F. App'x 932, 934 (1 1th Cir. 2010) (" A non-party has standing to challenge a judgment on certain grounds if his "rights [are] directly compromised by the final judgment."): Kern MM. Corp. v. Wilder. 817 F.2d 1517, 1521 (11th Cir.1987) ("A non-party has standing to challenge a judgment on certain grounds if his "rights fare] directly compromised by the final 2 With respect to Defendant's request for a continuance, Ms. not agree to a continuance for Cs the reasons outlined in this brief in that Ms tly believes it is simply a delay tactic being employed intentionally by Dershowitz. Ho I. v , undersigned counsel conferred with the Judge's JA, and through an administrative error, the Special Set Hearing was canallecSt) Defendant's notice and was not re-set in accordance with the Special Set Revised Notice that Msaled with the Court (McCawley Affidavit at Exhibit 4. Re-Notice of Special Set Hearing) and the Court cannot hear the matter on Friday at 10:00 am. The undersigned counsel is seeking alternative dates of the earliest possible special set time and will circulate those dates to counsel as soon as they arc provided. 4 EFTA01111157 judgment."); Dunlop v. Pan Ana. Workl Airways. Inc., 672 F.2d 1044. 1052 (2d Cir.1982) (holding a non-party must be "sufficiently connected and identified with the ... suit to entitle [him) to standing to invoke Rule 60(b)(6)"). The First Circuit has held that a non-party witness had standing to bring Rule II sanctions against a party. Jyrer v. Winterthur International, 290 F.3d 456, 460 (1" Cir. 2002). As in Nyer, there is no one situated in these proceedings to vindicate Ms rights except for herself, the person who was injured. Indeed, Mr. Dershowitz names no other person with standing who could seek redress for her injuries, and therefore. his standing argument is merely an attempt to violate her rights with impunity. Ms M I as been injured in this action and she is entitled to seek sanctions against Dershowitz for his conduct. CI: Nixon v. Warner Commcins. Inc., 435 U.S. 589. 599, 98 S. Ct. 1306. 1313, 55 L. Ed. 2d 570 (1978) ("allegations of further embarrassment . . . and additional exploitation of materials originally thought to be confidential establish injury in fact that would be redressed by a favorable decision of his claim."). By extension, NMas standing in seeking redress for publication of her attornev's statements that were made during confidential settlement discussions. Ms.Mills suffered injury in fact when Mr. Dershowitz published and misrepresented her confidential settlement negotiations, and she, therefore, has standing to vindicate her rights. b. As a Witnesses in This Case Ms Has Standing to Seek Relief from the Court for Injuries She Has Su ere Witnesses have standing to seek redress with the Court for injuries they suffer. See Adamson-.lames v. Florida Dept ofrorn, No. 6:11-CV-628-ORL-35TB, 2013 WL 1703541, at *2 (M.D. Ha. Mar. 22, 2013) report and recommendation adopted, No. 6:11-CV-628-ORL-36, 2013 WL 1703520 (M.D. Fla. Apr. 19, 2013) (holding that "[ilf there was evidence that 5 EFTA01111158 Defendants were intimidating witnesses then those witnesses would have to seek the protection of the Court."). citing Refoule v. Ellis, 74 F.Supp. 336, 343 (N.D.Ga.1947) ("If [the witnesses'] civil rights have been violated, they may institute proper proceedings to protect themselves, but such rights are not personal to plaintiff."). See also Foster v. Pall Aeropower Corp., I 1 1 F. Supp. 2d 1320, 1322-23 (M.D. Fla. 2000) ("The Eleventh Circuit has permitted witnesses to pursue claims pursuant to the second clause of section 1985(2)"). In Westmoreland v CBS, Inc. 770 F.2d 1168 (D.C. Cir. 1985), a nonparty witness sought redress for defense counsel's failed contempt proceedings against him. The D.C. Circuit Court of Appeals remanded the case to the district court for the imposition of Rule 11 sanctions against the party based upon the nonparty witness's motion. Similarly, here. Mr. Dershowitz brought Ms into this action by issuance of his subpoena. Mr. Dershowitz violated her rights and injured her by revealing, and then miseharacterizing, confidential settlement discussions to the public, in contravention of this Court's Order. Mr. Dershowitz has caused Ms.a) starer an injury to her rights through these proceedings, and therefore may seek sanctions against Mr. Dershowitz. Both common sense and the law dictate that Ms can seek redress from this Court for her injuries. c. As an Affected Non art Rule 2.420, Florida Rules of Judicial Administration, Ms has Standing to Seek Redress for Her Injuries Dershowitz lists a lot of things that Ms. c not, but fails to light upon what she is. Under the Rule 2.420(b), Florida Rules of Judicial Administration. Ms=s an "affected non-party," as she is "a non-party identified by name in a Court record that contains confidential information pertaining to that non-party." This Court established her identity as such when ruled on her motion to make her deposition testimony sealed and confidential pursuant to Rule 2.420, Florida Rules of Judicial Administration. "Affected non-parties" have rights in the 6 EFTA01111159  „A< c# c# er# st <Q44 legal proceedings in which their information is involved" Rule 2.420(d)(2)(A).3 Indeed, the •*••• Florida Rules of Judicial Administration endow "affected nonparties" with a number of rights, 4e st, and nothing in these Rules at all indicates that an affected non-party would not have standing to a party willfully violates the confidentiality and protections these Rules a %cis.. ' seek sanctions when t ., - were designed to provide. Such an argument is contrary to public policy. 44( Comparably, under the Florida Rules of Criminal Procedure, a nonparty to a judicial 4 .3 %St- proceeding has standing to challenge the release of discovery materials related to the proceeding. ' Times Pub. Co. v. State, 903 So. 2d 322, 326 (Fla. Dist. Ct. App. 2005), Fla. R. Crim. P. 3.220. aOS Similarly, this Court should find that a nonparty in a civil case has standing to challenge the si release of confidential settlement negotiations, particularly in this case, when those materials N.4 4 contain evidence of sexual crimes committed against her as a minor child. Allowing the release of this type of sensitive information related to an affected non-party victim of a crime to go unchallenged undermines the purpose of Fla. R. Crim. P. 3.220. d. Mr. Dershowitz's Arguments Fail N- 4 4 Unsurprisingly, Dershowitz has cited to no case in any jurisdiction where a court has found that an affected nonparty, or a nonparty witness, does not have standing to seek redress for injury they directly suffered by a party's conduct. This Court has already adjudicated Ms. rivacy rights in this case when it ordered her testimony about the sexual abuse she suffered as a minor child to be scaled under Rule 2.420, Fla. R. Jud. Admin., and found Ms. -$,>• 4 C'ourt 3 "For example, affected non-parties have standing to file a Notice of Confidential Information within Filing if the document was not initially filed in that manner." Rule 2.4200)(2)(M. 4 st,if party moves to affect the confidentiality of an affected non-party, they must serve the affected non- 4,c, party with notice of any such motions that would affect their confidential information. See 2.420 (d)(4). (05). 4 Similarly. parties cannot make an oral motion to determine the confidentiality of trial court records unless "affected non-panics" arc present or properly noticed. Rule 2.420 (h00 )(8). ,..„‹..C"' ,..„<.> ,...„.S...C"S‘ , ,..„‹.≥' ,..„‹..C"- `. ....c:4(S4 N4 N4 N4 N4 N4 N4 4r S ' .\ 4 st #4 ,s,, # 4‘-1 4 / 4 cst‘‘,,Ns,, t ‘.. r # ,c,,,::. te 7 ,,,,,,,<> # 4 ,,„),<,§.'‘A.0 4 ,,„),4. .'‘-k4+4 ,,,,,,,..i ‹P 4 EFTA01111160 settlement negotiations to be confidential. See McCawley Affidavit at Exhibit 5, December 18. 2015, Emergency Motion to Seal Hr. Tr. at 23:11-25:8. It is this non-party, Ms. who suffered injury in tact when Mr. Dershowitz intentionally, willfiilly and wrongfully disclosed confidential settlement discussions, and, therefore, she has standing to seek redress. CONCLUSION WHEREFOREME espeetfully requests that this Court deny Defendant's Motion to Continue Hearing and Deny His Motion to Strike Non-Part Motion for Sanctions. Dated: March 8, 2016 Respectfully submitted, BOIES, $CHILLER & FLEXNER LLP 401 East Las Olas Boulevard, SUite 1200 Fort Lauderdale, Florida 33301 By: /s/Sigrid S. McCawlev Sigrid S. McCawley, Esq. Florida Bar No. 129305 Attomey.for Non-Party Virginia Giuffre 8 EFTA01111161  CERTIFICATE OF SERVICE \‘'" I HEREBY CERTIFY that on March 8, 2016, a true amfeorrect copy dtthe foregoingP A. was served bitlectronic Mail to the individuals identified bow. CO By: /s/Sigrid S. McCawley Sigrid S. McCawley Thomas E.im Scott Richar A. Sim son teven . a ra IIIIIIIIMM. A. • 9150 S. Dadeland Blvd., Suite 1400 _ Miami, Florida 33156 WILEY REIN, LLP 1776 K Street NW Washington, D.C. 20006 Counselfor Alan Dershowitz Counselfor Alan Dershowitz Charles H. Lichtman, Esq. Bruce S. Rogow, Esq. BERGER SINGERMAN LLP' BRUCE S. ROGOW, P.A. ---" 350 E. Las Olas Blvd. 100 NE 3rd Avenue, Suite 1000 Suite 1000 Fort auderdale FL 33301 Fort Lauderdale, FL 33301 Email: Counsellor Alan Dershowitz Kenneth A. Sweder, Esq. Jack Scarola SWEDER & ROSS, LLP SEARCY DENNEY SCAROLA BARNHART 131 Oliver Street & SHIPLEY, P.A. Boston, MA 02110 iIIIIIIIes Blvd. West Palm Beach, FL 33409-6601 Counselfor Alan Dershowitz 7 ..c,‘ „. Attorney for Plaintiffs e „...s. , •W NI;j-`• .- 1.' e. c. , rzce ., ,s.. -..%)- -6:14a‘ -.\S> A<> -..i OO4A O <55‘ t ccS:t ccS:t -Ct c.) • ie ie i't,"( EFTA01111162  IN THE CIRCUIT COURT OF THE 17th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION BRADLEY J. EDWARDS, and CASE NO. CACE 15-000072 PAUL G. CASSELL, Plaintiffs. v. ALAN DERSHOWITZ, Defendant. ' ' 16121D S. NIcCAWLEY IN SUPPORT OF OPPOSITION TO DEFENDANT'S MOTION NTINUE AND MOTION TO 1, Sigrid S. McCawley, declare that the below is true and correct to the best of my knowledge, as follows: 1. I am a partner with the law firm of Boies, Schiller & Flexner la and duly licensed to practice in Florida. 2. I respectfully submit this Affidavit in support Opposition to Defendant Alan Dershowitz's Motion to Continue and Motion to Strike. 3. Attached hereto as Exhibit I, is a true and correct copy of the January 22, 2015 Local 10 News Article. 4. Attached hereto as Exhibit 2, is a true and correct copy of Excerpts from the October 15, 2015 Deposition of Alan Dershowitz. 5. Attached hereto as Exhibit 3, is a true and correct copy of the February 16, 2016 Email Correspondence from to/from Sigrid McCawley. EFTA01111163  6. Attached hereto as Exhibit 4, is a true and correct copy of the Re-Notice of Special Set llearing for March 11, 2016. 7. Attached hereto as Exhibit 5, is a true and correct copy of Excerpts from the December 18, 2015 11caring Transcript. declare under penalty of perjury that the foregoing is true and correct. igrid McC wley. Esq. 2 EFTA01111164 STATE OF FLORIDA ) ) SS COUNTY OF BROWARD ) SWORN TO and subscribed belbre me this 8th day of March, 2016, by SIGRID S. McCAWLEY who Vis personally known to me or who produced as identification. Notary Public, State of Florida rh N 4,1 Printed Name ...saabarayamairibamesee „1O11,4% MARTHA R06943074 sy Notify Public - Stale of Rends • E My Comm. Expires Sep it 2016 a• :•fe, " 1 Commission 0 EE 629676 f•1,1:::P. Bonded Thfoup Mileonli NOlaty Mtn s'errierrirrinn an 3 EFTA01111165 ao EXHIBIT 1 <,* • ao O pQ 4. COQ sit it .4k • sz,,, • pQJ cc a0 a0 • • -4, -4, -4, sit sit sit c" c" c" sz‘...., z- NI ..., ..., ..., ..., ..., I s, I -Ct I ,c,:t s) -s.4. e 4* ,s,%c e ..,:t c..)4 \ ..s,4. cs* co N co N co EFTA01111166 Alan Dershowitz: 'Sex slave' accuser is serial liar, prostitute I News - Home Page I of 3 Local .com Alan Dershowitz: 'Sex slave' accuser is serial liar, prostitute Famed attorney slams woman who claims he had underaged sex with her Author: Bob Norman, Reporter, hnorman@ Local to.com Published On: Jan 22 2015 06:03:14 PM EST Updated On: Jan 22 2015 06:20:00 PM EST PEMBROKE PARK, Fla. - Well-known attorney and Miami Beach resident Alan Dershowitz emphatically denied allegations made i❑ newly! fited court papers th at he had sex six times with an underage girl who at the time was serving as a "sex slave" for wealthy financier -- and convicted sex offender -- Jeffrey Epstein. Related: Billion aitel.; tt:ex slave'. details allegations against Prince Andrew, Dershowitz "This is a woman who is a serial liar," Dershowitz told Local to News reporter Bob Norma "She's lied, lied, lied, lied." "But she wasn't lying about being sexually abused by Jeffrey Epstein," said Norman. "That is a different issue," said Dershowitz. "That is between her and Jeffrey Epstein." http://www.Iocal 0.comMewsialan-dershowitz-sex-slave-accuser-is-serial-liar-prostitute/3... 211912015 EFTA01111167 Alan Dershowitz: 'Sex slave' accuser is serial liar, prostitute News - Home Page 2 of 3 The woman is ne of as many as 40 women who allege that Epstein recruited them while they were minors into a sex ring based at Epstein's Palm Beach mansion. alleges in a 14-page affidavit -- which included newly-released photos she said were taken by Epstein when she was is -- that Epstein groomed her as "sex slave" to gratify not only him but his powerful friends. She wrote that she was introduced to Epstein at the mansion by heiress Ghislaine Maxwell, the daughter of the late British publisher Robert Maxwell, on the pretext that she would be paid to give him a "massage," which she wrote was Epstein's "code word for sexual encounters." "From the r I was taken to Epstein's mansion that day, his motivations and actions were sexual, as were Maxwell's," writes in the affidavit. "My father was not allowed inside. I was brought up some stairs. There was a na guy, Epstein, on the table in the room. Epstein and Maxwell forced me into sexual activity with Epstein ... I was paid Szoo." She wrote that she then began working for Epstein, and traveling around the country and world with him. "Jeffrey Epstein and Ghislaine Maxwell trained me to do what they wanted, including sexual activities and the use of sexual toys," she wrote. 'The training was in New York and Florida at Epstein's mansions. It was basically every day and was like going to school... i was trained to be 'Everything a man wanted me to be.' It wasn't just sexual training -- they wanted me lobe able to cater to all the needs of the men they were going to send to me." In the affidavit, she alleges that Dershowitz was one of those men and that she had sex with him six times beginning when she was 16 at Epstein's residences, as well as on his jet and private island. She also added details about her allegations that Epstein -- who served 13 months in jail after being convicted of soliciting a minor for sex in 2008 -- ordered her to have sex on three occasions with Prince Andrew in London at the age of ty, paying her St5,000 after the first instance. Reacl the entire 14-page affidavit here. Dershowitz said was a prostitute and questioned whether she is now, at the age of 31, a fit mother for her three children. "She's now an admitted prostitute," said Dershowitz. "I can tell you she is still a prostitute: she is selling these false stories now for money about me. That is a form of prostitution." "Do you have any concern calling her a prostitute when she was victimized at such an early age by a wealthy man?" Norman asked. "She was not victimized ... she made her own decisions in life," said Dershowitz. "But at the age of 15 some would say ... she was taken advantage of," said Norman. "I'm talking about the age of 19," said Dershowitz. "But it started when she was 15," said Norman. "I am not invoked in that," he said. "I have no knowledge of that. That's between her, and the federal government and the people who victimized her. All I know is she has victimized me. At the age of 31 she has made up false allegations against me. She is a mother of three children, and she is now living a lie to her three children and the question is whether she is an adequate mother of her three children going around selling her false stories of prostitution." Dershowitz is an admitted long-time friend of Epstein's who frequented his homes at the time= and other young girls were in Epstein's employ. But he insisted he never saw an underage girl in Epstein's company. A former Epstein employee, the late Alfredo Rodriguez, testified under oath that Dershowitz was at the Palm Beach mansion at the same time underage girls were at the home. http://www.local10.com/ncws/alan-dershowitz-sex -slave-accuser-is-serial-liar-prostitute/3... 2/19/2015 EFTA01111168 Alan Dershowitz: 'Sex slave' accuser is serial liar, prostitute News - Horne Page 3 of 3 "That's not true," said Dershowitz. was never in Jeffrey Epstein's house or any of the houses in the presence of any young woman. Now were there other young women in other parts of the house giving massages when I wasn't around? I have no idea of that. I can only say I never sew a young underage woman. If I had 1 would have left the house and never come back, period? He told Norman that he had one massage at Epstein's home and it was with an adult woman. "I kept my underwear on during the massage," lie said. "I don't like massages particularly." One of the more salacious allegations made by is that Dershowitz "was so comfortable with the sex that was going on that he would even come and chat wit Epstein while I was giving oral sex to Epstein." Dershowitz called that allegation absurd. "Alan Dershowitz was standing there and talking about what? The weather, the stock market? It's the most preposterous thing imaginable," said Dershowitz. Dershowitz, who has issued a denial t basic claims in a sworn affidavit of his own, said he would willingly be deposed on the matter. attorneys have claimed that Dershowitz has refused to submit to deposition. When questioned about it, Dershowitz said he would be deposed in the case, but only after nd her two lawyers are deposed. The lawyers have sued Dershowitz for defamation after he alleged they should be disbarred for initially putting allegations in court papers. "I am happy today to express my willingness to be deposed after the three of them are deposed," he said. "That's the order it should occur because they are the accusers. I am the one who is defending myself against their accusations? Follow Local to News on Twitter tiypt.GLocaito Copyright 2015 by Localto.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed. 2015 O 2015 hup://www.local10.com/news/alan-dershowitz-sex-slave-accuser-is-serial-liar-prostitute/3... 2/l 9/20 IS EFTA01111169  s., AN•••' 4 s., S.4, S.4, S.4, \ S., S.4, ' \ ' ,i' ..s9 `,'i '' `,'i '' `,'i '' `::i'S' `,'i '' `,'i '' ..ks.O '''*, CO\ ..k,4 4 \ 0 ..k,4 <,*4 \ 4,4 # #4 # #4 4 \ #4 # #4 4,4s'. . ,. X . ,. X X. ,. X.. ,. 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DERSHOWITZ VOLUME 1 Pages 1 through 179 Thursday, October 15, 2015 9:31 a.m. - 4:13 p.m. Cole Scott a Kissane 110 Southeast 6th Street Fort Lauderdale, Florida Stenographically Reported By: Kimberly Fontalvo, RPR, CLR Realtime Systems Administrator EFTA01111171  2 1 APPEARANCES: 2 On behalf of Plaintiffs: 3 SEARCY, DENNEY, SCAROLA 4 BARNHART 4 SHIPLEY, P.A. 2139 Palm Beach Lakes Boulevard 5 West Palm Beach, Florida 33402-3626 SQ. 6 7 8 On behalf of Defendant: 9 COLE, SCOTT & KISSANE, P.A. Dadeland Centre II - Suite 1400 10 9150 South Dadeland Boulevard Miami, Florida 33156 11 BY:aTHOMAS EMERSON SCOTT, JR., ESQ. 12 B : :SAE E . (Via phone) 13 --an 14 SWEDER 4 ROSS, LLP 131 Oliver Street 15 Boston, MA 02110 BY: KENNETH A. SWEDER ESQ. 16 17 --an 18 WILEY, REIN 17769 K Street NW 19 Washington, DC 20006 BY: RICHARD A. SIMPSON, ESQ. 20 [email protected] BY: NICOLE A. RICHARDSON, ESQ. 21 22 23 24 25 EFTA01111172  3 APPEARANCES ;Continued): 2 3 On behalf of Jeffrey Epstein: 4 MARTIN G. WEINBERG, PC 20 Park Plaza, Suite 1000 S Boston, MA 02116 BY: MARTIN G. WEINBERG. ESQ. (Via phone) 6 7 --an DARREN K. INDYKE, PLLC 575 Lexington Ave., 4th Fl. 9 New York, New York BY: DARREN K. INDYKE, ESQ. (Via phone) 10 11 On behalf of Virginia Roberts: 12 BOIES, SCHILLER & FLEXNER, LLP 401 E. Las Olas Blvd., Ste. 1200 13 Fort Lauderdale, Florida 33301 BY: SIGRID STONE MCCAWLEY, ESQ. 14 15 16 ALSO PRESENT: 17 Joni Jones, Utah Attorney General Office 18 Travis Gallagher, Videographer 19 20 21 22 23 24 25 EFTA01111173  24 1 relieved any symptoms of atrial fibrillation or 2 atrial flutter, until they recurred -- until it 3 recurred about a month or maybe it's a month and a 4 half now. 1 can give you the exact dates. Because, 5 as I say, I have it on my -- on my machine. 6 Q. When did the atrial flutter occur? 09:54:16 7 A. I told you that I don't have the exact 09:54:20 8 date, but it occurred about a month, month and a 9 half ago, I think sometime in August of this year. 10 But I can give you the exact date. As I said, I 11 have it on my machine. 12 Q. So, what you have described as a 09:54:33 13 recurrence of atrial fibrillation you are now 14 describing as an atrial flutter? 15 A. You're confused, sir. Please listen to my 09:54:42 16 answers. What I've said was that I had atrial 17 flutter. Atrial flutter occurred after my initial 18 atrial fib. I then had an ablation. The flutter 19 and the fib both disappeared after the ablation. 20 And my atrial fib has returned. 21 Q. Given your superb memory, would you please 09:55:13 22 name for us each of the lawyers who has represented 23 you in this case? 24 MR. SCOTT: Objection, form. 09:55:22 25 Argumentative. EFTA01111174  25 1 if you need a document or anything to 09:55:29 2 refresh your memory, please let us know. 3 A. Well, I'll start with the names of my 09:55:34 4 lawyers. I've been represented by Judge Scott and 5 his law firm, including several associates and 6 paralegals. I don't know their status, whether 7 they're partners, associates or paralegals, but I've B