EFTA00298259.pdf
Page
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-CIV-80119-MARRA/JOHNSON
JANE DOE NO. 2,
Plaintiff,
-vs- VOLUME I OF II
JEFFREY EPSTEIN,
Defendant.
Related cases:
08-80232, 08-08380, 08-80381, 08-80994
08-80993, 08-80811, 08-80893, 09-80469
09-80591, 09-80656, 09-80802, 09-81092
DEPOSITION OF
DETECTIVE JOSEPH RECAREY
Friday, March 19, 2010
9:37 - 5:12 p.m.
250 Australian Avenue South
Suite 1500
West Palm Beach, Florida 33401
Reported By:
Cynthia Hopkins, RPR, FPR
Notary Public, State of Florida
Prose Court Reporting
Job No.: 1509
PROSE COURT REPORTING AGENCY, INC.
EFTA00298259
EFTA00298260
Page 2
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL 1 APPEARANCES
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 On behalf or Ole Plaintiffs, BE, CL:
3 SPENCER T. KUVIN, ESQUIRE
2 CASE No.502008CA0373150000TMB AB LEOPOLD KUVIN
3 2925 PGA Boulevard
B.B. State 200
5 Palm Beach Gardens, Florida 33410
Plaintiff, Phone:
5 6
6 -vs- VOWME 1 OF11 On behalf of the Plaint", L.M., SW. and
7 Jane Doe:
e
~SI 9 BRADLEY J. EDWARDS. ESQUIRE
8
FARMER. LOW, WEISSRM. EDWARDS
Defendants. 10 195 Kra & LEHRMAN, P.L
9 425 North Andrews Avenue
10 11 Suite 2
11 Fort Lauderdale, Florida 33301
12 Mom'
12 DEPOSMON OF 13 On lzhalf Ø6h 8:
DETECTIVE JOSEPH RECAREY 14 JESSICA ARBOUR, ESQUIRE
13 MERMELSIEN 8cHOROWITZ,P.A.
14 Friday, March 19, 2010 25 18205 Biscayne Boulevard
15 937- 5:12 pm. Suite 2218
16 250 Australian Avenue South 16 Miami, Florida 33160
Plasm.
Suite 1500 17 E-mail:
17 West Palm Beach, Florida 33401 18 0815~0 o K i , 488
18 103:
19 19
20 20 KATHERJHE W. EZELL ESQUIRE
21 PODHURST ORSECK
22 Reported By: 21 25 West Elegier Street
Suil4 800
Cynthia Ilepldns, RPR, FPR 22 Minne- FØ 33130
23 Notary Public, State of Florida Phonc~
Prose
ØQØ Reporting 23 <Via
24 509 24
25 25
Page 3
1 1 Apecaianoes (*mimed
2 On behalf of the Ptainttffs:
2 UNTIED STATES DISTRICT COURT
3 ISIDRO MANUEL GARCIA, ESQUIRE
SOUTHERN DISTRICT OF FLORIDA GARCIA, ELKINS & LIOEBRINOER
3 224 Datura Awnuc, Sub< 900
CASE NO. 10-80309 W491 him Beach, Florida 33401
4 5 !tone
6 and
5 JANE DOE NO. 103, 7 TARA A. FINNIGA/4, ESQUIRE
6 Plaintiff, TARA A. FINNTOAN, P.A.
7 -vs- VOLUME I OF R a 224 Datum Street
8 JEFFREY EPSTEIN, Suite 900
9 West Min Buck Florida 3340)
9 Defendant. Phone'
I 10
10 11 On behalf of the Defendant, Jeffrey Egleix
11 12 MICHAEL PIKE, ESQUIRE
12 DEPOSITION OF BURMAN, LØN, LUTITER & COLEMAN. LLP
13 303 Banyan Boulevard
DETECTIVE JOSEPH RECAREY SUN 400
13 14 West Palm Beach. florid' 33401
14 Friday, March 19, 2010 Phone
15 9:37 - 5:12 p.m. 15
16 and
16 250 Australian Avenue South 17 JAC* ALAN GOLDBERGER., ESQUIRE
Suite 1500 ATTERBURY, GOLDB/eRGF.R & WEISS, P.A
17 West Palm Beach, Florida 33401 18 250 Australian Avenue South
18 Suite 1400
19 19 West Patin Eked\ Florida 334014012
Phone:
20 20
21 21 and
22 Reported By: 22 MILTON G. WEINBERG, ESQUIRE
Cynthia Hopkins, RPR, FPR LAW OFFICE OP MILTON G WEINBERG
23 10 Park Plata
23 Notary Public, State of Florida
Suite 1000,
Parse Court Reporting 24 Bost" Map:schwa 02116
24 fob No.: 1509 Phon
25 25
2 (Pages 2 to 5)
PROSE COURT REPORTING AGENCY, INC.
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Page 6 Page 8
Appearances continued... 1 PROCEEDINGS
2 On behalf of the Witness: 2 MR. KUVIN: Just so we're clear with
3 JOANNE M. O'CONNOR, ESQUIRE 3 respect to the deposition, I understand that
JONES, FOSTER, JOHNSON & STUBBS, PA
4 505 South Flagler Drive, Suite 1100 4 Mr. Epstein has three attorneys here today but
West t ida 33401 5 only one of them, pursuant to the Rules, is
5 Phone: 6 going to be permitted to object to questions.
6
7 So I just wanted a designation as to which
Also Present: Jeffrey Epstein
3 8 attorney is going to be objecting to questions.
9 INDEX 9 MR. PIKE: I will be objecting and
10 10 Mr. Weinberg will probably be asking questions.
11
11 I don't —
12 EXAMINATION DIRECT CROSS REDIRECT
13 12 MR. KUVIN: I have no problem -
DETECTIVE JOSEPH RECAREY 13 MR. PIKE: Do you have any objection with
14 14 that?
MR. KUVIN 9 15 MR. KUVIN: I have absolutely no problem
15 BY MR. EDWARDS 242
16 16 if you want to switch it up as to who is
17 17 objecting and who is asking questions. That's
18 EXHIBITS 18 not a problem. I just don't want to get three
19 19 set of objections.
20
21 EXHIBIT DESCRIPTION PAGE 20 MR. PIKE: twill be the main on the
22 21 objections and Mr. Weinberg will be taking,
PLAINTIFFS EX. 1 PROBABLE CAUSE 15 22 asking the questions.
23 AFFIDAVIT 23 MR. GOLDBERGER: Do we have to tag each
PLAINTIFFS EX. 2 INCIDENT REPORT 23 24 other?
24 PLAINTIFF'S EX 3 INCIDENT REPORT 45
25 PLAINTIFFS EX 4 PROPERTY RECEIPTS 126 25 MR. KUVIN: No. I would prefer you
Page 7 Page 9
MERITS CONTINUED_ 1 wouldn't talk at all, but we'll deal with that
2 MINT DESCRIPTION PAGE
2 later.
nAmmnsEcaAnwnnvmximn 127 3 (A discussion was held off the
PLAINTIFFS EC 5 SUPPLEMENT FOR own 151
OP CUSTODY LOG 4 record.)
PLAINEFFS EC 6 PAGE FROM MESSAGE PAD 196
PLAINTIFFS ER 7 Moue MESSAGE 204 5 Thereupon,
PIA/MPS EX 8 PHONE MESSAGE 205 6 (DETECTIVE JOSEPH RECAREY)
PLAINTIFFS DC 9 PHONE MESSAGE 208
PLAINTIFFS DC 10 PHONE MESSAGE 209 7 Having been first duly sworn or affirmed, was
PLAINTUTS EX 11 PHONE MESSAGE 210 8 examined and testified as follows:
PLAINTIFFS EC 12 PHONE MESSAGE 212
4 PLAINTIFFS EC 13 PHONE MESSAGE 213 9 THE WITNESS: I do.
PLAINTEFFS DC 14 PHONE MESSAGE 215
10 PLAINTIFFS Et. 15 PHONE MESSAGE 215
10 DIRECT EXAMINATION
PLAINTIFF'S DC 16 PHONE MESSAGE 217 11 MR. KUVIN: All right. Just as a
11 PLAINTIFFS DC 17 PHONE MESSAGE 219
PLAINTIFFS DC 18 PHONE MESSAGE 220 12 stipulation on the record so that we have it
12 PLMNTIFFS DC. 19 PHOLE MESSAGE 221 3 all clear, what we have discussed prior to
PLAINTIFFS DC 20 PHONE MESSAGE 222
13 PLAINTIFF'S DC 21 PHONE MESSAGE 223 14 starting the deposition is, is that since we're
14
PLAINTIFFS EX. 22 PHONE MESSAGE
PLAINTIFFS Et 23 AND 24 PHOTOS
225 15 discussing girls which were under the age of
227
PLAIN EC 25 PH E 230 16 18, minors at the time of the incidents
15 PlAINTIFFS EX. 26MS. 240 17 involved in this case, we're going to be using
CELLPHONE LOG
16 pLAEMPFS EX. 27 LEITER DATED JULY 24, 241 18 their names as previously agreed to in all the
2006
17 PLAINTIFFS DC 28 INTELLIGENCE REPORT 243 19 other depositions in the case pursuant to court
DATED 112804 20 order.
18
19 21 The names will be used in the
20
21
22 deposition, but they will not be used in
22 23 the official transcript. There will be a
23 24 key at the end of the transcript which
24
25 25 will be sealed and confidential onl for
3 (Pages 6 to 9)
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1 the eyes only of the attorneys involved in 1 Q. All right. We're going to be talking to
2 this litigation. 2 you today about incidents that occurred back in
3 Therefore, Detective Recarey should 3 roughly 2005,'6, and 7. During that period of
4 feel free to discuss names with the 4 time were you a detective?
5 understanding that those names shall not 5 A. Yes.
6 be made public outside the lawsuits that 6 Q. Okay. All right. And lets just
7 are currently pending in both state and 7 summarize briefly what you're going to talk about
B federal court. But that way hopefully it 8 first and then we'll get down into the details of
9 will avoid confusion and I just want to 9 it.
10 make sure we get agreement from all 10 Did you have occasion to begin an
11 counsel sitting around the table that that 11 investigation with respect to a gentleman by the
12 is the understanding. And if there is any 12 name of Jeffrey Epstein?
13 clarification on that issue, please let us 13 A. Yes, I did.
14 know. 14 Q. And when did that investigation begin
15 MR. PIKE: Agreed. 15 roughly?
16 MR. EDWARDS: Agreed. 16 A. That case was assigned to me on September. ]
17 MR. GARCIA: Agreed. 17 believe, of 2005.
18 MS. ARBOUR: Agreed. 18 Q. And what were you assigned to investigate?
19 MR. KUVIN: Katherine, agreed? 19 A. There was an allegation of an underaged female
20 MS. P7RII • Yes, I am here. 20 that had went to the home of Mr. Epstein and was asked
21 MR. KUVIN: Did you hear my stipulation? 21 to perform a massage at which time it became sexual in
22 MS. P7Pli : Yes. 22 nature and she was paid for her services.
23 MR. KUVIN: Do you agree with that? 23 Q. All right.
24. MS. WPM: Yes. 24 MR. PIKE: fin going to object to fomi as
25 MR. KUVIN: Okay. 'just wanted to make 25 speculation and hearsay and move to strike.
Page 11 Page 13
1 it clear. 1 BY MR. KUViN:
2 MS. EZELL: Thank you. 2 Q. With respect to the investigation that you
3 BY MR KUVIN: 3 performed, how long roughly did that investigation
4 Q. Why don't you give us your full name, if 4 last? in other words what period of time are we
5 you would, please. 5 looking at here from beginning to end? And if it
6 A. Joseph Recarey. 6 helps you, I have the incident report.
7 Q. Detective Recarey, could you please tell 7 A. It was approximately, I believe, a year.
8 us what you do fora living. 8 Q. Okay. Could you summarize for us
9 A. I am a detective with the Town ofPalm Beach 9 generally, and like 1said we'll get into details by
10 Police Department. 10 going through it, but generally what did you do
11 Q. How long have you been a detective for the 11 during the investigation?
12 Town ofPalm Beach? 12 MR. PIKE: Form.
13 A. Approximately 15 years. 13 THE WITNESS: Conducted interviews,
14 Q. And what is your exact title there for the 14 executed a search warrant, issued subpoenas.
15 Town ofPalm Beach? 15 continued with interviews.
16 A. Detective or a police officer. 16 BY MR. KUVIN:
17 Q. Do you work in a particular unit? 17 Q. When you did the interviews, are we
18 A. The — currently assigned to the Organized 18 talking about any interviews with Mr. Epstein?
19 Crime/Vice and Narcotics. 19 A. No, there was no interviews with Mr. Epstein.
20 Q. How long have you been assigned to that 20 Q. Did he ever agree to talk to you?
21 unit? 21. A. Originally when I was speaking with attorney
22 A. Approximately three years. 22 Guy Fronstin, there was a mention that he would be
23 Q. Okay. What did you do before that for the 23 available for an interview. However, that never came to
24 town? 24 be.
25 A. I was a general detective. 25 Q. Why not?
4 (Pages 10 to 13)
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1 MR. PIKE: Same objection. 1 with either In Mend who were
2 THE WITNESS: It was discussed that he 2 minors at the time of the incidents that
3 would not appear to, for any interview. 3 occurred.
4 BY MR. KUVIN: 4 MR. PIKE: Move to strike.
5 Q. All right. Eventually a probable cause 5 BY MR. ICUVIN:
6 affidavit was filled out in and around May of 2006; 6 Q. Did you feel there was sufficient possible
7 is that coned? 7 cause to charge Mr. Epstein at that time and if so
8 A. Correct. 8 with what?
9 Q. And what was the basis of the probable 9 MR. PIKE: Font
10 cause affidavit if you could summarize for it for 10 NE WITNESS: Yes, I did, and it was with
11 us? What were — what did you find after doing your 11 four counts of Unlawful Sexual Activity with a
12 investigation? 12 Minor, and one count of Lewd and Lascivious
13 MR. PIKE: Form. 13 Molestation.
14 THE WITNESS: There were several victims 14 BY MR. KUVIN:
15 that had been interviewed based on their age, 15 Q. All right. The lewd and lascivious
16 the acts that occurred at the residence. There 16 molestation charge, could you explain that a little
17 was enough probable cause to request a warrant 17 more as well?
18 for Mr. Epstein. 18 MR. PUCE: Form.
19 BY MR. KUVIN: 19 THE WITNESS: The victim, that was the
20 Q. All right. And for those that might not 20 initial victim that came forward, it was a
21 understand, a warrant means what? 21 14-year-old minor at the time of the incident.
22 A. An arrest warrant. 22 She had gone to the house. This was the
23 MR. KUVIN: Okay. I would like to show 23 initial report that was taken by Officer Pagan.
24 you what we'll mark as Exhibit 1. Why don't 24 14 at the time. Was brought over to perform a
25 you give me a shed 25 massage. The incident turned into a, sexual in
Page 15 Page 17
1 (Plaintiffs Exhibit No. 1 was marked for 1 nature, and it was at the time she was paid for
2 identification.) 2 her services and left.
3 BY MR. KUVIN: 3 MR. PIKE: Move to strike.
4 Q. All right. What we have marked as 4 MR. KUVIN:
5 Exhibit 1, is that the probable cause affidavit that 5 Q. Okay. Now, this personM,col ou come
6 you filled out with respect to Mr. Epstein? 6 to learn that her name at the time was
7 A. Correct. 7 A. Yes, I did.
8 Q. And does your signature appear on each and 8 Q. All right And according to the
9 every page of this probable cause affidavit? 9 information you had, she was how old at the time
10 A. Correct. 10 that she came over to Mr. Epstein's house for the
11 Q. And is that your signature at the bottom 11 sexual contact?
12 left corner? 12 MR. PIKE: Form.
13 A. Yes, bottom right 13 THE WITNESS: Fourteen.
14 Q. Bottom right. I apologize. 14 BY MR. KUVIN:
15 All right: Let's go to, if we could, 15 Q. All right Was she the youngest that you
16 Page 22 of 22. And the last paragraph, could you 16. were able to determine came to Mr. Epstein's home
17 explain to us the conclusions in the probable cause 17 during your investigation?
18 affidavit and exactly what Mr. Epstein was being 18 A. Coned.
19 arrested for at the time? 19 MR. PIKE: Form.
20. MR. PUCE: Form. 20 BY MR. KUVIN:
21 THE WITNESS: Based on the interviews 21 Q. All right. With respect to the others,
22 conducted, it was determined that Mr. Epstein, 22 justso we have it on the record and we're clear,.
23 who at the time of the incident was 23 would have been whom?
24 approximately 51 years of age, did have vaginal 24 A. Jane Doe No. 103.
25 intercourse either with his penis or 25
5 (Pages 14 to 1 7)
• PROSE COURT REPORTING AGENCY, INC. '
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1 A. Jane Doe No. 2. 1 A. So many things occurred with the State
2 MR. PIKE: I am going to object to form 2 Attorneys Office. Originally it was determined that it
3 through these series of questions so we don't 3 was going to.be a grand jury.
4 have to keep repeating with regard to the 4 Q. Okay.
5 information. 5 A. And then the case was going to be presented to
6 MR. KUVTN: Yeah, well, I want to make 6 the grand jury. That was later retracted and they
7 sure I understand what is the form objection. 7 wanted a probable cause affidavit
8 MR. PIKE: Your, your questions are 8 Q. Okay.
9 relating back to opinion and hearsay evidence 9 A. I submitted the probable cause affidavit
10 and the investigation. So, actually just go 10 Shortly thereafter I was told we're going back to the
11 ahead and I will put it on the record. Go 11 grand jury.
12 ahead. 12 Q. Okay. Well, let me ask you this: After
13 MR. KINN: All right. I just wanted to 13 the probable cause affidavit was issued, did you
14 make sure I knew because I wanted to fix them 14 institute the search of the home at that point or
15 if there was something that I could do to fix 15 you institute the search of the home before the
16 them. 16 davit was —
17 MR. PIKE: I don't think you can unless 17 A. Prior, prior to theMaffidavit.
18 you want to start the depo over. 18 Q. Okay. All right. Let's go back. Why
19 MR. ICUV1N: No, but I can start from now. 19 don't you give us, if you would, briefly your
20 MR. PIKE: Let's go. 20 training and experience as an officer. Just start
21 BY MR. KUVIN: 21 with, you know, where you went to the academy and
22 Q. All right. During your investigation did 22 where you started working and then kind of work us
23 you identify who III was, and if so who? 23 through to when you got your job at Palm Beach
24 MR. PIKE: Form. 24 County or Palm Beach.
25 THE WITNESS: Yes, I did. I identified 25 A. I went to the police academy back in 1990 --
Page 19 Page 21
S 1 Q. Okay.
2 BY MR. KUVIN: 2 A. -- down here in Palm Beach County. I was
3 Q. is who? 3 hired by Palm Beach in 1991 where 1 did three years on
CA
4 the, as a patrol officer.
: Same objection. 5 Q. Okay.
6 BY MR. KUVIN: 6 A. I was transferred then to the detective
7 Q. Okay. Now, these girls that you 7 bureau.
8 identified in your probable cause affidavit here at 8 Q. Roughly when?
9 the conclusion, did you find that all of these girls 9 A. '94.
10 were under the age of 18 at the time they went to 10 Q. Okay.
1.1 Mr. Epstein's home? 11 A. From the detective bureau, I went to the
12 MR. PIKE: Form. 12 Organized Crime/Vice and Narcotics Unit where I spent
13 THE WITNESS: Correct. 13 about five, six years.
14 BY MR. KUVIN: 14 Q. When did you get into that unit roughly?
15 Q. And how old were they? 15 A. I would say *96, '95, '96.
16 A. They were approximately 16, 15, 16 and/or up 16 Q. Okay. And you spent how long there?
17 to 17 years of age. 17. A. About roughly five to six years.
18 MR. PIKE: Form. 18 Q. All right. Then where did you go?
19 BY MR. KUVIN: 19 A. Back to the detective bureau.
20 Q. Okay. All right: Do you recall how old 20 . Q. So we're looking at like 2000 and 2001?
21 C.L. was? 21 A. Correct
22 A. I believe she was 16. 22 Q. All right
23 Q. After filling out and signing the probably 23' . A. I was there for up to 2006, I believe, 2000 --
24 cause affidavit, could you explain to us what 24 2006.
25 reared next? 25 Okay. And then in 2006?
6 (Pages 18 to 21)
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1 A. They created another, a unit from the 1. Department Incident Report which appears to be
2 Organized Crime/Vice and Narcotics Unit. Made it 2 numbered, thankfully, and consists of 87 pages plus
3 special investigations. Went over to there where Pm -- 3 one. It looks like there is 87 consecutively
it was renamed back to the Organized Crime/Vice and 4 numbered pages and then a single page again numbered
5 Narcotics. 5 as Page I, just for the record.
Q. Okay. 6 All right. First of all, do you
A. That's basically what we would operate on. 7 recognize what we have marked as Exhibit 2?
8 Q. Gotcha. And you've been in that unit 8 A. Yes, !do.
9 since then to the present day? 9 Q. And could you describe for us what that
10 A. Correct 10 is?
11 Q. Okay. Have you ever worked in any other 11 A. It is the Palm Beach Police Department's
12 department? 12 Incident Report.
13 A. I worked for the State Attorney's Office as a 13 Q. AM right. When this investigation first
14 process server for five years. 14 began, were your, were you the first one that was
15 Q. Okay. And that was before going to the 15 contacted regarding potential allegations against
16 academy in 1990? 16 Mr. Epstein?
17 A. Correct. 17 MR. PIKE: Form.
18 Q. Okay. High school graduate? 18 THE WITNESS: No, I was not.
19 A. Correct. 19 BY MR. KLIVIN:
20 Q. Any secondary schooling, college? 20 Q. Who was the first one that was actually
21 A. College credits and specialized training with 21 contacted, and could you explain to us if you NNW IL.
22 the police department. 22 how they were contacted?
23 Q. Okay. Did you get an AA in college or no? 23 A. It was Officer Michele Pagan.
24 A. No. 24 Q. Okay. And do you blow as you sit her:
25 Q. Okay. Where did you get your college 25 today under what circumstances she was contacted?
Page 23 Page 25
1 credits? A. I believe it was telephonicalliiitelephone.
2 A. PBCC. 2 Q. Okay. Was she contacted by herself
3 Q. Are you from here locally, Palm Beach? 3 or her parents, do you remember?
4 A. No. 4 MR. PIKE: Form.
5 Q. Where from? 5 THE WITNESS: I totally believe it was the
6 A. New York City. 6 step-mother that called her.
7 Q. When did you come down here? 7 BY MR.. KUVIN:
8 A. 1980. 8 Q. Okay. When Ms. Pagan took down that
9 Q. Okay. All right Let's walk through kind 9 inforMation, how soon after were you actually
10 of chronologically what occurred in this particular 10 brought into the investigation?
11 case. And just so that it's easier for you, let me 11 A. I believe she took the report in March, and I
12 give you the incident report. What I will do is I 12 took, I took possession of the case in September.
13 am going to ask you questions. 13 Q. Do you know why the break in time between
14 If you need to refresh your 14 March and September when you actually get it? In
15 recollection at any point with the incident report, 15 other words do you know why you got the case some
16 just let us know that you're using it to refresh 16 months later?
17 your recollection which is fine. I just want to 17 A. She was transferred to patrol.
18 make sure that we can distinguish between what you 18 Q. Okay. So, Ms. Pagan was originally
19 may recall indepcudendy versus what you may be 19 investigating this case —
20 using to refresh your recollection. 20 A. Correct.
21 (Plaintiffs Exhibit No. 2 was marked for 21 Q. -- until she got transferred to patrol?
22 identification.) 22 A. Yes.
23 BY MR. KUVIN: 23 Q. Did her transfer to patrol have anything
24 Q. All right. I'm going to give what you we 24 to do with this case?
25 have marked as Exhibit 2 as the Palm Beach Police 25 A. No.
.7crodrol.16
7 (Pages 22 to 2 5)
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1 Q. Okay. When you take over the 1 the investigation early on --
2 investigation in September — and just so we're MR. KUVIN: Okay.
3 clear we're talking about September of 2005? THE WITNESS: — as bringing ill
4 A. Correct. 4 BY MR. KUVIN:
5 Q. When you take over that case, do you take 5 Q Okay. Any other minors that you can
6 any particular action to bring yourself up to speed 6 recall came up at that point; in other words the
7 on what's going on? 7 point between when Ms. Pagan starts the
8 A. I reviewed her reports and listened to the 8 investigation until when you take it over?
9 interviews and what she had already evidentiary-wise. 9 MR. PIKE: Object to the fonn.
10 Q. Okay. Let's go to, if you would, Page 22 10 THE WITNESS: No, not that I can recall.
11 of the incident report. Just so we can make sure 11 BY MR. KUVIN:
12 that we have an accurate chronology here, it appears 12 Q. Okay. Where is Ms. Pagan today? Is she
13 right in the middle of the page we have got the date 13 here locally?
14 of September 8, 2005. And it states: I reviewed 14 A. Yes, she's still with the police department.
15 the case notes of this file as the case will be 15 She rides the bicycle.
16 turned over to Detective Recarey. Do you see that? 16 Q. Okay. If you would, can you turn to
17 A. Yes, I do. 17 Page 17 for me of the Incident Report. Towards the
18 Q. Was that roughly the dale that the 18 bottom, third paragraph from the bottom, it
19 investigation was turned over to you? 19 tefetwces a cross-reference of Epstein's residence.
20 A. No. It was turned over officially I think the 20 Do you see that?
21 19th. 21 A. Uh-huh.
22 Q. Okay. And we see that in Narrative 2 at 22 Q. What was the residence that you found for
23 the bottom of the same page? 23 Mr. Epstein, the address, the physical address?
24 A. Correct 24 A. 358 El Brillo.
25 Q. All right. And the first entry there says 25 Q. Palm Beach Island?
Page 27 Page 29
1 on September 19, 2005, you met with Officer Pagan 1 A. Correct.
2 and received the information pertaining to the case? 2 Q. Okay. And it states there that a
3 A. Correct. 3 cross-reference of that address revealed certain
4 Q. All right. When you received that 4 affiliated names. Could you give us those names?
5 information, is it safe to assume that you reviewed 5 MR. PIKE: I am sorry, Counsel, what
6 the investigation materials that Michelle Pagan had 6 paragraph?
7 collected up until that date? 7 MR. KUVIN: Third from the bottom starting
8 A. Yes, I believe so. 8 with the cross-reference.
9 Q. Okay. At this point in time do you know 9 MR. PIKE: Appreciate it.
10 bow many potential victims there were of 10 MR. KUVIN: S
11 Mr. Epstein? 11 TILE WITNESS Mark
12 MR. PIKE: Form. 12 Epstein, and Ghislaine Maxwell.
13 THE WITNESS: No, we didn't know the 13 BY MR. KINN:
14 octant of how many victims at that point. 14 Q. Okay. How is it those affiliated names
15 BY MR. KUVIN: 15 came up? In other words what database were you
16 Q. All right. We 'mow that 16 looking at to reference those names?
17 step-mother had called in and there as an 17 A. If she cross-referenced it, she used the Town
18 investigation regarding her. Were there any other 18 of Palm Beach CAD system.
19 minors at that point that had come into the 19 Q. And just for those that may not know, what
20 investigation? 20 is the CAD system?
21 MR. PIKE: Fonts. 21 A. The CAD system is basically if someone is, is
22 WITNESS: We knew of a girl by name of 22 we had a 911 hangup or an slant) call or any kind of
23 23 incident that accrues within the Town of Palm Beach,
24 MR. KUVIN: Okay. 24 when the officer responds and they encounter someone at
25 THE WITNESS: That her name had come up in 25 the home, whatever the reason, whether it be a false
8 (Pages 26 to 29)
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1 alarm, 911 hangup, you get their information. That 1 point during the massage Mr. Epstein - this is
2 information gets put into the CAD system as to who, who 2 all off recollection by the way.
3 the officer encountered on that property. 3 MR. KUVIN: If you want to use the
4 Q. Okay. Is it regular practice for you as a 4 incident report, what we're referring to would
5 detective when taking over a file from another 5 be on Pages 11 through roughly 15 of the
6 detective to review all the materials that they have 6 incident report —
7 put together? 7 MR. PIKE: Just --
B A. Yes. 8 MR. KUVIN: — if you need it to help
9 Q. All right. And are these records 9 refresh your recollection.
10 contained within the Palm Beach Police Department? 10 MR. PIKE: Just so the record is clear,
11 In other words are these the regular business 11 we're still on the one question. There is a
12 records of the department -- 12 form objection on the same answer.
13 A. Yes. 13 THE WITNESS: It was — I haven't found
14 Q. -- the information contained within the 14 exactly where she goes into the story, however
15 investigation that Ms. Pagan had put together? 15 I know —
16 A. It is no longer in the department if that's 16 MR. KUVIN: I think ifs at Page 14.
17 what you're asking. 17 THE WITNESS: — where there was some
18 Q. No, I mean at the time, when you take over 18 touching involved, and Mr. Epstein then, I
19 sometime in September. 19 believe, introduced a massager.
20 A. Yes, correct. It would be. 20 BY MR. KUVIN:
21 Q. Okay. 21 Q. A vibrator?
22 A. It would be. 22 A. Correct.
23 Q. All the information is contained within 23 Q. Okay. Was she asked to take her clothes
24 the Town of Palm Beach investigative unit? 24 off according to what she told the police
25 A. Correct. 25 department?
Page 31 Page 33
1 Q. I understand. Now, it's obviously not 1 MR. PIKE: Font
2 public at that point. You're keeping the 2 THE WITNESS: Yes.
3 investigation private? 3 BY MR. KUVIN:
4 A. Correct 4 Q. And how old was she at the time?
5 Q. But nonetheless all those documents that 5 MR. PIKE: Form.
6 you would have reviewed front Ms. Pagan would have 6 THE WITNESS: Fourteen.
7 been business records of the police department at 7 BY MR.. KUVIN:
8 the time? 8 Q. Was there an investigation as to howl.
9 A. Correct. 9 actually was taken to the home? In other words did
10 Q. I understand. Now, when you reviewed this 10 you determine who took her there?
11 information from Detective Pagan, could you walk us 11 A. Correct
12 through exactly what■ had explained occurred to 12 Q. Who was that?
13 her? 13 A.
14 MR. PIKE: Form. 14
15 THE WITNESS: She was taken to 15 BY MR. KUVIN:
16 Mr. Epstein's house for the purpose of making 16 Q. Did Ms. Pagan interview Ms. MI?
17 money, providing a massage. 17 A. No, she did not.
18 MR. KUVIN: Okay. 18 Q. Not at this point?
19 THE WITNESS: Once she got there, she was 19 A. No.
20 taken upstairs to the bedroom area At that 20 Q. Did you ultimately interview Ms. IM
21 time what my understanding was is they were 21 A. Yes, I did.
22 taken to the bedroom area through the stairwell 22 Q. With respect to whatMxplained. I
23 where Mr. Epstein was awaiting to do a massage. 23 would like to walk through this if I could for a
24 MR.. KUVIN: Okay. 24 minute.
25 THE WITNESS: The massage began. At some 25 MR. PIKE: What sage are vou on?
9 (Pages 30 to 33)
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1 MR. KUVIN: Fourteen. 1 THE WITNESS: He told her to remove, take
2 BY MR. KUVIN: 2 off her clothe's.
3 Q. Was there another woman that she described 3 BY MR. ICUVIN:
4 in the home at Epstein's house? 4 Q. Okay. And she's 14 at this point?
5 MR. PIKE: Form. 5 MR. PIKE: Form.
6 THE WITNESS: Yes. She described a tall 6 THE WITNESS: Cared.
7 blonde female which I believe was 7 BY MR. KUVIN:
8 8 Q. What did explain was his demeanor,
BY MR. KUM: 9 Mr. Epstein's demeanor with respect to asking her to
10 Q. Okay. And what did IIIM.10 10 take off her clothes?
11 MR. PIKE: Form. 11 MR. PIKE: Form.
12 BY MR. KUVIN: 12 THE WITNESS: I believe he was stern when
13 Q. -- as far as what she described to you? 13 he instru
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 08-CIV-80119-MARRA/JOHNSON
JANE DOE NO. 2,
Plaintiff,
-vs- VOLUME I OF II
JEFFREY EPSTEIN,
Defendant.
Related cases:
08-80232, 08-08380, 08-80381, 08-80994
08-80993, 08-80811, 08-80893, 09-80469
09-80591, 09-80656, 09-80802, 09-81092
DEPOSITION OF
DETECTIVE JOSEPH RECAREY
Friday, March 19, 2010
9:37 - 5:12 p.m.
250 Australian Avenue South
Suite 1500
West Palm Beach, Florida 33401
Reported By:
Cynthia Hopkins, RPR, FPR
Notary Public, State of Florida
Prose Court Reporting
Job No.: 1509
PROSE COURT REPORTING AGENCY, INC.
EFTA00298259
EFTA00298260
Page 2
1 IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL 1 APPEARANCES
CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 On behalf or Ole Plaintiffs, BE, CL:
3 SPENCER T. KUVIN, ESQUIRE
2 CASE No.502008CA0373150000TMB AB LEOPOLD KUVIN
3 2925 PGA Boulevard
B.B. State 200
5 Palm Beach Gardens, Florida 33410
Plaintiff, Phone:
5 6
6 -vs- VOWME 1 OF11 On behalf of the Plaint", L.M., SW. and
7 Jane Doe:
e
~SI 9 BRADLEY J. EDWARDS. ESQUIRE
8
FARMER. LOW, WEISSRM. EDWARDS
Defendants. 10 195 Kra & LEHRMAN, P.L
9 425 North Andrews Avenue
10 11 Suite 2
11 Fort Lauderdale, Florida 33301
12 Mom'
12 DEPOSMON OF 13 On lzhalf Ø6h 8:
DETECTIVE JOSEPH RECAREY 14 JESSICA ARBOUR, ESQUIRE
13 MERMELSIEN 8cHOROWITZ,P.A.
14 Friday, March 19, 2010 25 18205 Biscayne Boulevard
15 937- 5:12 pm. Suite 2218
16 250 Australian Avenue South 16 Miami, Florida 33160
Plasm.
Suite 1500 17 E-mail:
17 West Palm Beach, Florida 33401 18 0815~0 o K i , 488
18 103:
19 19
20 20 KATHERJHE W. EZELL ESQUIRE
21 PODHURST ORSECK
22 Reported By: 21 25 West Elegier Street
Suil4 800
Cynthia Ilepldns, RPR, FPR 22 Minne- FØ 33130
23 Notary Public, State of Florida Phonc~
Prose
ØQØ Reporting 23 <Via
24 509 24
25 25
Page 3
1 1 Apecaianoes (*mimed
2 On behalf of the Ptainttffs:
2 UNTIED STATES DISTRICT COURT
3 ISIDRO MANUEL GARCIA, ESQUIRE
SOUTHERN DISTRICT OF FLORIDA GARCIA, ELKINS & LIOEBRINOER
3 224 Datura Awnuc, Sub< 900
CASE NO. 10-80309 W491 him Beach, Florida 33401
4 5 !tone
6 and
5 JANE DOE NO. 103, 7 TARA A. FINNIGA/4, ESQUIRE
6 Plaintiff, TARA A. FINNTOAN, P.A.
7 -vs- VOLUME I OF R a 224 Datum Street
8 JEFFREY EPSTEIN, Suite 900
9 West Min Buck Florida 3340)
9 Defendant. Phone'
I 10
10 11 On behalf of the Defendant, Jeffrey Egleix
11 12 MICHAEL PIKE, ESQUIRE
12 DEPOSITION OF BURMAN, LØN, LUTITER & COLEMAN. LLP
13 303 Banyan Boulevard
DETECTIVE JOSEPH RECAREY SUN 400
13 14 West Palm Beach. florid' 33401
14 Friday, March 19, 2010 Phone
15 9:37 - 5:12 p.m. 15
16 and
16 250 Australian Avenue South 17 JAC* ALAN GOLDBERGER., ESQUIRE
Suite 1500 ATTERBURY, GOLDB/eRGF.R & WEISS, P.A
17 West Palm Beach, Florida 33401 18 250 Australian Avenue South
18 Suite 1400
19 19 West Patin Eked\ Florida 334014012
Phone:
20 20
21 21 and
22 Reported By: 22 MILTON G. WEINBERG, ESQUIRE
Cynthia Hopkins, RPR, FPR LAW OFFICE OP MILTON G WEINBERG
23 10 Park Plata
23 Notary Public, State of Florida
Suite 1000,
Parse Court Reporting 24 Bost" Map:schwa 02116
24 fob No.: 1509 Phon
25 25
2 (Pages 2 to 5)
PROSE COURT REPORTING AGENCY, INC.
EFTA00298261
Page 6 Page 8
Appearances continued... 1 PROCEEDINGS
2 On behalf of the Witness: 2 MR. KUVIN: Just so we're clear with
3 JOANNE M. O'CONNOR, ESQUIRE 3 respect to the deposition, I understand that
JONES, FOSTER, JOHNSON & STUBBS, PA
4 505 South Flagler Drive, Suite 1100 4 Mr. Epstein has three attorneys here today but
West t ida 33401 5 only one of them, pursuant to the Rules, is
5 Phone: 6 going to be permitted to object to questions.
6
7 So I just wanted a designation as to which
Also Present: Jeffrey Epstein
3 8 attorney is going to be objecting to questions.
9 INDEX 9 MR. PIKE: I will be objecting and
10 10 Mr. Weinberg will probably be asking questions.
11
11 I don't —
12 EXAMINATION DIRECT CROSS REDIRECT
13 12 MR. KUVIN: I have no problem -
DETECTIVE JOSEPH RECAREY 13 MR. PIKE: Do you have any objection with
14 14 that?
MR. KUVIN 9 15 MR. KUVIN: I have absolutely no problem
15 BY MR. EDWARDS 242
16 16 if you want to switch it up as to who is
17 17 objecting and who is asking questions. That's
18 EXHIBITS 18 not a problem. I just don't want to get three
19 19 set of objections.
20
21 EXHIBIT DESCRIPTION PAGE 20 MR. PIKE: twill be the main on the
22 21 objections and Mr. Weinberg will be taking,
PLAINTIFFS EX. 1 PROBABLE CAUSE 15 22 asking the questions.
23 AFFIDAVIT 23 MR. GOLDBERGER: Do we have to tag each
PLAINTIFFS EX. 2 INCIDENT REPORT 23 24 other?
24 PLAINTIFF'S EX 3 INCIDENT REPORT 45
25 PLAINTIFFS EX 4 PROPERTY RECEIPTS 126 25 MR. KUVIN: No. I would prefer you
Page 7 Page 9
MERITS CONTINUED_ 1 wouldn't talk at all, but we'll deal with that
2 MINT DESCRIPTION PAGE
2 later.
nAmmnsEcaAnwnnvmximn 127 3 (A discussion was held off the
PLAINTIFFS EC 5 SUPPLEMENT FOR own 151
OP CUSTODY LOG 4 record.)
PLAINEFFS EC 6 PAGE FROM MESSAGE PAD 196
PLAINTIFFS ER 7 Moue MESSAGE 204 5 Thereupon,
PIA/MPS EX 8 PHONE MESSAGE 205 6 (DETECTIVE JOSEPH RECAREY)
PLAINTIFFS DC 9 PHONE MESSAGE 208
PLAINTIFFS DC 10 PHONE MESSAGE 209 7 Having been first duly sworn or affirmed, was
PLAINTUTS EX 11 PHONE MESSAGE 210 8 examined and testified as follows:
PLAINTIFFS EC 12 PHONE MESSAGE 212
4 PLAINTIFFS EC 13 PHONE MESSAGE 213 9 THE WITNESS: I do.
PLAINTEFFS DC 14 PHONE MESSAGE 215
10 PLAINTIFFS Et. 15 PHONE MESSAGE 215
10 DIRECT EXAMINATION
PLAINTIFF'S DC 16 PHONE MESSAGE 217 11 MR. KUVIN: All right. Just as a
11 PLAINTIFFS DC 17 PHONE MESSAGE 219
PLAINTIFFS DC 18 PHONE MESSAGE 220 12 stipulation on the record so that we have it
12 PLMNTIFFS DC. 19 PHOLE MESSAGE 221 3 all clear, what we have discussed prior to
PLAINTIFFS DC 20 PHONE MESSAGE 222
13 PLAINTIFF'S DC 21 PHONE MESSAGE 223 14 starting the deposition is, is that since we're
14
PLAINTIFFS EX. 22 PHONE MESSAGE
PLAINTIFFS Et 23 AND 24 PHOTOS
225 15 discussing girls which were under the age of
227
PLAIN EC 25 PH E 230 16 18, minors at the time of the incidents
15 PlAINTIFFS EX. 26MS. 240 17 involved in this case, we're going to be using
CELLPHONE LOG
16 pLAEMPFS EX. 27 LEITER DATED JULY 24, 241 18 their names as previously agreed to in all the
2006
17 PLAINTIFFS DC 28 INTELLIGENCE REPORT 243 19 other depositions in the case pursuant to court
DATED 112804 20 order.
18
19 21 The names will be used in the
20
21
22 deposition, but they will not be used in
22 23 the official transcript. There will be a
23 24 key at the end of the transcript which
24
25 25 will be sealed and confidential onl for
3 (Pages 6 to 9)
PROSE COURT REPORTING AGENCY, INC.
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1 the eyes only of the attorneys involved in 1 Q. All right. We're going to be talking to
2 this litigation. 2 you today about incidents that occurred back in
3 Therefore, Detective Recarey should 3 roughly 2005,'6, and 7. During that period of
4 feel free to discuss names with the 4 time were you a detective?
5 understanding that those names shall not 5 A. Yes.
6 be made public outside the lawsuits that 6 Q. Okay. All right. And lets just
7 are currently pending in both state and 7 summarize briefly what you're going to talk about
B federal court. But that way hopefully it 8 first and then we'll get down into the details of
9 will avoid confusion and I just want to 9 it.
10 make sure we get agreement from all 10 Did you have occasion to begin an
11 counsel sitting around the table that that 11 investigation with respect to a gentleman by the
12 is the understanding. And if there is any 12 name of Jeffrey Epstein?
13 clarification on that issue, please let us 13 A. Yes, I did.
14 know. 14 Q. And when did that investigation begin
15 MR. PIKE: Agreed. 15 roughly?
16 MR. EDWARDS: Agreed. 16 A. That case was assigned to me on September. ]
17 MR. GARCIA: Agreed. 17 believe, of 2005.
18 MS. ARBOUR: Agreed. 18 Q. And what were you assigned to investigate?
19 MR. KUVIN: Katherine, agreed? 19 A. There was an allegation of an underaged female
20 MS. P7RII • Yes, I am here. 20 that had went to the home of Mr. Epstein and was asked
21 MR. KUVIN: Did you hear my stipulation? 21 to perform a massage at which time it became sexual in
22 MS. P7Pli : Yes. 22 nature and she was paid for her services.
23 MR. KUVIN: Do you agree with that? 23 Q. All right.
24. MS. WPM: Yes. 24 MR. PIKE: fin going to object to fomi as
25 MR. KUVIN: Okay. 'just wanted to make 25 speculation and hearsay and move to strike.
Page 11 Page 13
1 it clear. 1 BY MR. KUViN:
2 MS. EZELL: Thank you. 2 Q. With respect to the investigation that you
3 BY MR KUVIN: 3 performed, how long roughly did that investigation
4 Q. Why don't you give us your full name, if 4 last? in other words what period of time are we
5 you would, please. 5 looking at here from beginning to end? And if it
6 A. Joseph Recarey. 6 helps you, I have the incident report.
7 Q. Detective Recarey, could you please tell 7 A. It was approximately, I believe, a year.
8 us what you do fora living. 8 Q. Okay. Could you summarize for us
9 A. I am a detective with the Town ofPalm Beach 9 generally, and like 1said we'll get into details by
10 Police Department. 10 going through it, but generally what did you do
11 Q. How long have you been a detective for the 11 during the investigation?
12 Town ofPalm Beach? 12 MR. PIKE: Form.
13 A. Approximately 15 years. 13 THE WITNESS: Conducted interviews,
14 Q. And what is your exact title there for the 14 executed a search warrant, issued subpoenas.
15 Town ofPalm Beach? 15 continued with interviews.
16 A. Detective or a police officer. 16 BY MR. KUVIN:
17 Q. Do you work in a particular unit? 17 Q. When you did the interviews, are we
18 A. The — currently assigned to the Organized 18 talking about any interviews with Mr. Epstein?
19 Crime/Vice and Narcotics. 19 A. No, there was no interviews with Mr. Epstein.
20 Q. How long have you been assigned to that 20 Q. Did he ever agree to talk to you?
21 unit? 21. A. Originally when I was speaking with attorney
22 A. Approximately three years. 22 Guy Fronstin, there was a mention that he would be
23 Q. Okay. What did you do before that for the 23 available for an interview. However, that never came to
24 town? 24 be.
25 A. I was a general detective. 25 Q. Why not?
4 (Pages 10 to 13)
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1 MR. PIKE: Same objection. 1 with either In Mend who were
2 THE WITNESS: It was discussed that he 2 minors at the time of the incidents that
3 would not appear to, for any interview. 3 occurred.
4 BY MR. KUVIN: 4 MR. PIKE: Move to strike.
5 Q. All right. Eventually a probable cause 5 BY MR. ICUVIN:
6 affidavit was filled out in and around May of 2006; 6 Q. Did you feel there was sufficient possible
7 is that coned? 7 cause to charge Mr. Epstein at that time and if so
8 A. Correct. 8 with what?
9 Q. And what was the basis of the probable 9 MR. PIKE: Font
10 cause affidavit if you could summarize for it for 10 NE WITNESS: Yes, I did, and it was with
11 us? What were — what did you find after doing your 11 four counts of Unlawful Sexual Activity with a
12 investigation? 12 Minor, and one count of Lewd and Lascivious
13 MR. PIKE: Form. 13 Molestation.
14 THE WITNESS: There were several victims 14 BY MR. KUVIN:
15 that had been interviewed based on their age, 15 Q. All right. The lewd and lascivious
16 the acts that occurred at the residence. There 16 molestation charge, could you explain that a little
17 was enough probable cause to request a warrant 17 more as well?
18 for Mr. Epstein. 18 MR. PUCE: Form.
19 BY MR. KUVIN: 19 THE WITNESS: The victim, that was the
20 Q. All right. And for those that might not 20 initial victim that came forward, it was a
21 understand, a warrant means what? 21 14-year-old minor at the time of the incident.
22 A. An arrest warrant. 22 She had gone to the house. This was the
23 MR. KUVIN: Okay. I would like to show 23 initial report that was taken by Officer Pagan.
24 you what we'll mark as Exhibit 1. Why don't 24 14 at the time. Was brought over to perform a
25 you give me a shed 25 massage. The incident turned into a, sexual in
Page 15 Page 17
1 (Plaintiffs Exhibit No. 1 was marked for 1 nature, and it was at the time she was paid for
2 identification.) 2 her services and left.
3 BY MR. KUVIN: 3 MR. PIKE: Move to strike.
4 Q. All right. What we have marked as 4 MR. KUVIN:
5 Exhibit 1, is that the probable cause affidavit that 5 Q. Okay. Now, this personM,col ou come
6 you filled out with respect to Mr. Epstein? 6 to learn that her name at the time was
7 A. Correct. 7 A. Yes, I did.
8 Q. And does your signature appear on each and 8 Q. All right And according to the
9 every page of this probable cause affidavit? 9 information you had, she was how old at the time
10 A. Correct. 10 that she came over to Mr. Epstein's house for the
11 Q. And is that your signature at the bottom 11 sexual contact?
12 left corner? 12 MR. PIKE: Form.
13 A. Yes, bottom right 13 THE WITNESS: Fourteen.
14 Q. Bottom right. I apologize. 14 BY MR. KUVIN:
15 All right: Let's go to, if we could, 15 Q. All right Was she the youngest that you
16 Page 22 of 22. And the last paragraph, could you 16. were able to determine came to Mr. Epstein's home
17 explain to us the conclusions in the probable cause 17 during your investigation?
18 affidavit and exactly what Mr. Epstein was being 18 A. Coned.
19 arrested for at the time? 19 MR. PIKE: Form.
20. MR. PUCE: Form. 20 BY MR. KUVIN:
21 THE WITNESS: Based on the interviews 21 Q. All right. With respect to the others,
22 conducted, it was determined that Mr. Epstein, 22 justso we have it on the record and we're clear,.
23 who at the time of the incident was 23 would have been whom?
24 approximately 51 years of age, did have vaginal 24 A. Jane Doe No. 103.
25 intercourse either with his penis or 25
5 (Pages 14 to 1 7)
• PROSE COURT REPORTING AGENCY, INC. '
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Page 18 Page 20
1 A. Jane Doe No. 2. 1 A. So many things occurred with the State
2 MR. PIKE: I am going to object to form 2 Attorneys Office. Originally it was determined that it
3 through these series of questions so we don't 3 was going to.be a grand jury.
4 have to keep repeating with regard to the 4 Q. Okay.
5 information. 5 A. And then the case was going to be presented to
6 MR. KUVTN: Yeah, well, I want to make 6 the grand jury. That was later retracted and they
7 sure I understand what is the form objection. 7 wanted a probable cause affidavit
8 MR. PIKE: Your, your questions are 8 Q. Okay.
9 relating back to opinion and hearsay evidence 9 A. I submitted the probable cause affidavit
10 and the investigation. So, actually just go 10 Shortly thereafter I was told we're going back to the
11 ahead and I will put it on the record. Go 11 grand jury.
12 ahead. 12 Q. Okay. Well, let me ask you this: After
13 MR. KINN: All right. I just wanted to 13 the probable cause affidavit was issued, did you
14 make sure I knew because I wanted to fix them 14 institute the search of the home at that point or
15 if there was something that I could do to fix 15 you institute the search of the home before the
16 them. 16 davit was —
17 MR. PIKE: I don't think you can unless 17 A. Prior, prior to theMaffidavit.
18 you want to start the depo over. 18 Q. Okay. All right. Let's go back. Why
19 MR. ICUV1N: No, but I can start from now. 19 don't you give us, if you would, briefly your
20 MR. PIKE: Let's go. 20 training and experience as an officer. Just start
21 BY MR. KUVIN: 21 with, you know, where you went to the academy and
22 Q. All right. During your investigation did 22 where you started working and then kind of work us
23 you identify who III was, and if so who? 23 through to when you got your job at Palm Beach
24 MR. PIKE: Form. 24 County or Palm Beach.
25 THE WITNESS: Yes, I did. I identified 25 A. I went to the police academy back in 1990 --
Page 19 Page 21
S 1 Q. Okay.
2 BY MR. KUVIN: 2 A. -- down here in Palm Beach County. I was
3 Q. is who? 3 hired by Palm Beach in 1991 where 1 did three years on
CA
4 the, as a patrol officer.
: Same objection. 5 Q. Okay.
6 BY MR. KUVIN: 6 A. I was transferred then to the detective
7 Q. Okay. Now, these girls that you 7 bureau.
8 identified in your probable cause affidavit here at 8 Q. Roughly when?
9 the conclusion, did you find that all of these girls 9 A. '94.
10 were under the age of 18 at the time they went to 10 Q. Okay.
1.1 Mr. Epstein's home? 11 A. From the detective bureau, I went to the
12 MR. PIKE: Form. 12 Organized Crime/Vice and Narcotics Unit where I spent
13 THE WITNESS: Correct. 13 about five, six years.
14 BY MR. KUVIN: 14 Q. When did you get into that unit roughly?
15 Q. And how old were they? 15 A. I would say *96, '95, '96.
16 A. They were approximately 16, 15, 16 and/or up 16 Q. Okay. And you spent how long there?
17 to 17 years of age. 17. A. About roughly five to six years.
18 MR. PIKE: Form. 18 Q. All right. Then where did you go?
19 BY MR. KUVIN: 19 A. Back to the detective bureau.
20 Q. Okay. All right: Do you recall how old 20 . Q. So we're looking at like 2000 and 2001?
21 C.L. was? 21 A. Correct
22 A. I believe she was 16. 22 Q. All right
23 Q. After filling out and signing the probably 23' . A. I was there for up to 2006, I believe, 2000 --
24 cause affidavit, could you explain to us what 24 2006.
25 reared next? 25 Okay. And then in 2006?
6 (Pages 18 to 21)
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1 A. They created another, a unit from the 1. Department Incident Report which appears to be
2 Organized Crime/Vice and Narcotics Unit. Made it 2 numbered, thankfully, and consists of 87 pages plus
3 special investigations. Went over to there where Pm -- 3 one. It looks like there is 87 consecutively
it was renamed back to the Organized Crime/Vice and 4 numbered pages and then a single page again numbered
5 Narcotics. 5 as Page I, just for the record.
Q. Okay. 6 All right. First of all, do you
A. That's basically what we would operate on. 7 recognize what we have marked as Exhibit 2?
8 Q. Gotcha. And you've been in that unit 8 A. Yes, !do.
9 since then to the present day? 9 Q. And could you describe for us what that
10 A. Correct 10 is?
11 Q. Okay. Have you ever worked in any other 11 A. It is the Palm Beach Police Department's
12 department? 12 Incident Report.
13 A. I worked for the State Attorney's Office as a 13 Q. AM right. When this investigation first
14 process server for five years. 14 began, were your, were you the first one that was
15 Q. Okay. And that was before going to the 15 contacted regarding potential allegations against
16 academy in 1990? 16 Mr. Epstein?
17 A. Correct. 17 MR. PIKE: Form.
18 Q. Okay. High school graduate? 18 THE WITNESS: No, I was not.
19 A. Correct. 19 BY MR. KLIVIN:
20 Q. Any secondary schooling, college? 20 Q. Who was the first one that was actually
21 A. College credits and specialized training with 21 contacted, and could you explain to us if you NNW IL.
22 the police department. 22 how they were contacted?
23 Q. Okay. Did you get an AA in college or no? 23 A. It was Officer Michele Pagan.
24 A. No. 24 Q. Okay. And do you blow as you sit her:
25 Q. Okay. Where did you get your college 25 today under what circumstances she was contacted?
Page 23 Page 25
1 credits? A. I believe it was telephonicalliiitelephone.
2 A. PBCC. 2 Q. Okay. Was she contacted by herself
3 Q. Are you from here locally, Palm Beach? 3 or her parents, do you remember?
4 A. No. 4 MR. PIKE: Form.
5 Q. Where from? 5 THE WITNESS: I totally believe it was the
6 A. New York City. 6 step-mother that called her.
7 Q. When did you come down here? 7 BY MR.. KUVIN:
8 A. 1980. 8 Q. Okay. When Ms. Pagan took down that
9 Q. Okay. All right Let's walk through kind 9 inforMation, how soon after were you actually
10 of chronologically what occurred in this particular 10 brought into the investigation?
11 case. And just so that it's easier for you, let me 11 A. I believe she took the report in March, and I
12 give you the incident report. What I will do is I 12 took, I took possession of the case in September.
13 am going to ask you questions. 13 Q. Do you know why the break in time between
14 If you need to refresh your 14 March and September when you actually get it? In
15 recollection at any point with the incident report, 15 other words do you know why you got the case some
16 just let us know that you're using it to refresh 16 months later?
17 your recollection which is fine. I just want to 17 A. She was transferred to patrol.
18 make sure that we can distinguish between what you 18 Q. Okay. So, Ms. Pagan was originally
19 may recall indepcudendy versus what you may be 19 investigating this case —
20 using to refresh your recollection. 20 A. Correct.
21 (Plaintiffs Exhibit No. 2 was marked for 21 Q. -- until she got transferred to patrol?
22 identification.) 22 A. Yes.
23 BY MR. KUVIN: 23 Q. Did her transfer to patrol have anything
24 Q. All right. I'm going to give what you we 24 to do with this case?
25 have marked as Exhibit 2 as the Palm Beach Police 25 A. No.
.7crodrol.16
7 (Pages 22 to 2 5)
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1 Q. Okay. When you take over the 1 the investigation early on --
2 investigation in September — and just so we're MR. KUVIN: Okay.
3 clear we're talking about September of 2005? THE WITNESS: — as bringing ill
4 A. Correct. 4 BY MR. KUVIN:
5 Q. When you take over that case, do you take 5 Q Okay. Any other minors that you can
6 any particular action to bring yourself up to speed 6 recall came up at that point; in other words the
7 on what's going on? 7 point between when Ms. Pagan starts the
8 A. I reviewed her reports and listened to the 8 investigation until when you take it over?
9 interviews and what she had already evidentiary-wise. 9 MR. PIKE: Object to the fonn.
10 Q. Okay. Let's go to, if you would, Page 22 10 THE WITNESS: No, not that I can recall.
11 of the incident report. Just so we can make sure 11 BY MR. KUVIN:
12 that we have an accurate chronology here, it appears 12 Q. Okay. Where is Ms. Pagan today? Is she
13 right in the middle of the page we have got the date 13 here locally?
14 of September 8, 2005. And it states: I reviewed 14 A. Yes, she's still with the police department.
15 the case notes of this file as the case will be 15 She rides the bicycle.
16 turned over to Detective Recarey. Do you see that? 16 Q. Okay. If you would, can you turn to
17 A. Yes, I do. 17 Page 17 for me of the Incident Report. Towards the
18 Q. Was that roughly the dale that the 18 bottom, third paragraph from the bottom, it
19 investigation was turned over to you? 19 tefetwces a cross-reference of Epstein's residence.
20 A. No. It was turned over officially I think the 20 Do you see that?
21 19th. 21 A. Uh-huh.
22 Q. Okay. And we see that in Narrative 2 at 22 Q. What was the residence that you found for
23 the bottom of the same page? 23 Mr. Epstein, the address, the physical address?
24 A. Correct 24 A. 358 El Brillo.
25 Q. All right. And the first entry there says 25 Q. Palm Beach Island?
Page 27 Page 29
1 on September 19, 2005, you met with Officer Pagan 1 A. Correct.
2 and received the information pertaining to the case? 2 Q. Okay. And it states there that a
3 A. Correct. 3 cross-reference of that address revealed certain
4 Q. All right. When you received that 4 affiliated names. Could you give us those names?
5 information, is it safe to assume that you reviewed 5 MR. PIKE: I am sorry, Counsel, what
6 the investigation materials that Michelle Pagan had 6 paragraph?
7 collected up until that date? 7 MR. KUVIN: Third from the bottom starting
8 A. Yes, I believe so. 8 with the cross-reference.
9 Q. Okay. At this point in time do you know 9 MR. PIKE: Appreciate it.
10 bow many potential victims there were of 10 MR. KUVIN: S
11 Mr. Epstein? 11 TILE WITNESS Mark
12 MR. PIKE: Form. 12 Epstein, and Ghislaine Maxwell.
13 THE WITNESS: No, we didn't know the 13 BY MR. KINN:
14 octant of how many victims at that point. 14 Q. Okay. How is it those affiliated names
15 BY MR. KUVIN: 15 came up? In other words what database were you
16 Q. All right. We 'mow that 16 looking at to reference those names?
17 step-mother had called in and there as an 17 A. If she cross-referenced it, she used the Town
18 investigation regarding her. Were there any other 18 of Palm Beach CAD system.
19 minors at that point that had come into the 19 Q. And just for those that may not know, what
20 investigation? 20 is the CAD system?
21 MR. PIKE: Fonts. 21 A. The CAD system is basically if someone is, is
22 WITNESS: We knew of a girl by name of 22 we had a 911 hangup or an slant) call or any kind of
23 23 incident that accrues within the Town of Palm Beach,
24 MR. KUVIN: Okay. 24 when the officer responds and they encounter someone at
25 THE WITNESS: That her name had come up in 25 the home, whatever the reason, whether it be a false
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1 alarm, 911 hangup, you get their information. That 1 point during the massage Mr. Epstein - this is
2 information gets put into the CAD system as to who, who 2 all off recollection by the way.
3 the officer encountered on that property. 3 MR. KUVIN: If you want to use the
4 Q. Okay. Is it regular practice for you as a 4 incident report, what we're referring to would
5 detective when taking over a file from another 5 be on Pages 11 through roughly 15 of the
6 detective to review all the materials that they have 6 incident report —
7 put together? 7 MR. PIKE: Just --
B A. Yes. 8 MR. KUVIN: — if you need it to help
9 Q. All right. And are these records 9 refresh your recollection.
10 contained within the Palm Beach Police Department? 10 MR. PIKE: Just so the record is clear,
11 In other words are these the regular business 11 we're still on the one question. There is a
12 records of the department -- 12 form objection on the same answer.
13 A. Yes. 13 THE WITNESS: It was — I haven't found
14 Q. -- the information contained within the 14 exactly where she goes into the story, however
15 investigation that Ms. Pagan had put together? 15 I know —
16 A. It is no longer in the department if that's 16 MR. KUVIN: I think ifs at Page 14.
17 what you're asking. 17 THE WITNESS: — where there was some
18 Q. No, I mean at the time, when you take over 18 touching involved, and Mr. Epstein then, I
19 sometime in September. 19 believe, introduced a massager.
20 A. Yes, correct. It would be. 20 BY MR. KUVIN:
21 Q. Okay. 21 Q. A vibrator?
22 A. It would be. 22 A. Correct.
23 Q. All the information is contained within 23 Q. Okay. Was she asked to take her clothes
24 the Town of Palm Beach investigative unit? 24 off according to what she told the police
25 A. Correct. 25 department?
Page 31 Page 33
1 Q. I understand. Now, it's obviously not 1 MR. PIKE: Font
2 public at that point. You're keeping the 2 THE WITNESS: Yes.
3 investigation private? 3 BY MR. KUVIN:
4 A. Correct 4 Q. And how old was she at the time?
5 Q. But nonetheless all those documents that 5 MR. PIKE: Form.
6 you would have reviewed front Ms. Pagan would have 6 THE WITNESS: Fourteen.
7 been business records of the police department at 7 BY MR.. KUVIN:
8 the time? 8 Q. Was there an investigation as to howl.
9 A. Correct. 9 actually was taken to the home? In other words did
10 Q. I understand. Now, when you reviewed this 10 you determine who took her there?
11 information from Detective Pagan, could you walk us 11 A. Correct
12 through exactly what■ had explained occurred to 12 Q. Who was that?
13 her? 13 A.
14 MR. PIKE: Form. 14
15 THE WITNESS: She was taken to 15 BY MR. KUVIN:
16 Mr. Epstein's house for the purpose of making 16 Q. Did Ms. Pagan interview Ms. MI?
17 money, providing a massage. 17 A. No, she did not.
18 MR. KUVIN: Okay. 18 Q. Not at this point?
19 THE WITNESS: Once she got there, she was 19 A. No.
20 taken upstairs to the bedroom area At that 20 Q. Did you ultimately interview Ms. IM
21 time what my understanding was is they were 21 A. Yes, I did.
22 taken to the bedroom area through the stairwell 22 Q. With respect to whatMxplained. I
23 where Mr. Epstein was awaiting to do a massage. 23 would like to walk through this if I could for a
24 MR.. KUVIN: Okay. 24 minute.
25 THE WITNESS: The massage began. At some 25 MR. PIKE: What sage are vou on?
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1 MR. KUVIN: Fourteen. 1 THE WITNESS: He told her to remove, take
2 BY MR. KUVIN: 2 off her clothe's.
3 Q. Was there another woman that she described 3 BY MR. ICUVIN:
4 in the home at Epstein's house? 4 Q. Okay. And she's 14 at this point?
5 MR. PIKE: Form. 5 MR. PIKE: Form.
6 THE WITNESS: Yes. She described a tall 6 THE WITNESS: Cared.
7 blonde female which I believe was 7 BY MR. KUVIN:
8 8 Q. What did explain was his demeanor,
BY MR. KUM: 9 Mr. Epstein's demeanor with respect to asking her to
10 Q. Okay. And what did IIIM.10 10 take off her clothes?
11 MR. PIKE: Form. 11 MR. PIKE: Form.
12 BY MR. KUVIN: 12 THE WITNESS: I believe he was stern when
13 Q. -- as far as what she described to you? 13 he instru