EFTA00224040.pdf
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1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
2 WEST PALM BEACH
3
4
S
6
7
8 IN RE: OPERATION LEAP YEAR
9
10 /
11
Grand Jury #07-103 (TUES-WPB)
12 west Palm Beach, Florida
Tuesday, May 15, 2007
13
14
15 TESTIMONY
16 OF
17
18
19
20
21 APPEARANCE:
22 SISTANT S. ATTORNEY
, FOREPER N
23 URT REPORTER
24
25
OFFICIAL REPORTING SERVICE
Exhibit 27
EFTA00224040
2
1 PROCEEDINGS
2
3 The sworn testimony of was taken
4 before the Federal Grand Jury, west Palm Beach Division,
5 701 Clematis Street, west Palm Beach, Palm Beach County,
State of Florida, on the 15th day of May, 2007.
7 Registered Merit Reporter and Notary
8 Public was authorized to and did report the sworn
9 testimony.
10 Thereupon,
11
12 a witness of lawful age, having been first duly sworn by
13 the foreperson, testified on her oath as follows:
14 BY MS. •
•
15 Q Good morning, Special Agent. Could you state
16 and spell your name for the record.
17 A Special Agent
18
19 Q And with whom do you work?
20 A The FBI here in West Palm Beach.
21 Q And are you here today on the continuing
22 investigation known as operation Leap Year?
23 A Yes, I am.
24 Q And you are one of the case agents on this
25 investigation, correct?
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1 A Yes, I am.
2 Q The last time you were here we were discussing
3 the evidence supporting various overt acts and charges
4 related to Jane Does number 1 and 2?
5 A Yes.
6 Q Today we are going to start with Jane Doe
7 number 3. Can you tell the Grand Jury who that is and
8 summarize briefly your previous testimony about her.
9 A Jane Doe number 3 is and she first
10 started, we have first phone contact with
11 starting in December of 2004, would have been 16
12 or 17 at that time, let me do the math real quick, she
13 would have been 16 -- sorry, 1 am sorry, she would have
14 been at that time 17, let's get it right, so she started
15 phone contact, started calling her in
16 September of 2004.
17 From testimony we know that went there
18 earlier, much earlier. which was Jane Doe
19 number 4 you will hear about next, they were good
20 friends and they both went in the spring of '04, prior
21 to 17th birthday, so did start giving
22 Mr. Epstein massages when she was 16, she performed a
23 few massages for Mr. Epstein and then took kind of a
24 little bit of a break.
25 The sexual activity that occurred with
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1 Mr. Epstein when was under the age of 18
2 included digital penetration, the use of a vibrator on
3 grabbing and fondling of her breasts and her
4 buttock, she was given gifts by Mr. Epstein, she was
5 given a vibrator, she was given Victoria secret
6 underwear, she was also given a car that Mr. Epstein
7 rented for her for a number of months, she was paid $200
8 by Mr. Epstein and was the one that primarily
9 called to set up appointments and as you can see
10 that began in December of '04.
11 was also one of Mr. Epstein's
12 favorites, according to several of the other girls.
13 Q Just so the Grand Jury has an idea, how does
14 that translate into the number of phone calls between
15 and that you were able to calculate?
16 A called her, I guess calls between
17 the two of them ranged around 125 phone calls from
18 December 6th, 2004 until October, 2005.
19 Q And just briefly can you remind the Grand Jury
20 did ever tell Mr. Epstein her age?
21 A No, they did not ever discuss, she did not
22 tell him how old she was, but she did tell him where she
23 planned on going to school and that she was in soccer.
24 She stated that when it came to her age that
25 Mr. Epstein didn't care. As I mentioned earlier,
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1 were very good friends and would talk
2 about and Mr. Epstein would ask questions about
3 was providing massages and as we will
4 talk about when we talk about Jane Doe number 4, which
5 is she told Mr. Epstein that she was a junior in
6 high school and that and her were in the same
7 classes together and that they were very good friends
8 and told us that at one point had come to
9 her because she had slipped about prom and she was
10 worried because Epstein was supposed to think she was 18
11 and she had talked about the prom and said she
12 never heard anything else about it and they never
13 brought it up.
14 Q Because, according to Mr. Epstein
15 didn't care really how old the girls were?
16 A Exactly.
17 Q And she never mentioned he asked her for her
18 age or asked for any form of identification to show
19 whether she was or was not over 18?
20 A No.
21 Q Now, if you could turn to the proposed
22 indictment and if I could ask you to look at overt act
23 number 59.
24 A we had a little knock at the door. Do you
25 want me to get it?
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1 Q Yes.
2 (Thereupon, there was a brief pause.)
3 A I will let you see a picture of Jane Doe
4 number 4, who we were talking about earlier, and
5 this is is there anyplace you want to put it
6 right down here in front?
7 Q And just so the record is clear, those are the
8 photographs that we showed to the Grand Jury last week?
9 A Yes, it is.
10 Q so if you could turn to overt act number 59
11 which appears on page 12, and if you could explain to
12 the Grand Jury the evidence we have related to that
13 phone call or phone calls on December 6th, 2004.
14 A On December 6th, 2004 a review of the phone
15 records indicate that there was telephonic phone contact
16 between the numbers belonging to and
17 as well as we have evidence with
18 Vanessa's statements of the phone calls being made to
19 her by .
20 Q And overt act number 60?
21 A A review of the phone records indicate
22 telephonic contact between the numbers belonging to
23 and on December 12, 2004.
24 Q And overt act number 64?
25 A A review of the phone records indicate
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1 telephonic contact between numbers belonging to
2 and on December 14th, 2004.
3 Q And just so that it is clear to the Grand
4 Jury, when the overt acts says that defendant
5 made one or more telephone calls, that means that the
6 call is originating from s phone, is that
7 correct?
8 A Yes, it does.
9 Q And if you could turn to overt act number 71.
10 A on December 20th a review of the phone records
11 indicate that there was telephonic contact between
12 and
13 And overt act number 79?
14 A on January 6th, 2005 a review of phone records
15 indicate there was telephone contact between numbers
16 belonging to and
17 Q And number 83?
18 A On January 14th, 2005 a review of the phone
19 records indicate telephonic contact between numbers
20 belonging to and
21 Q And with respect to the other overt acts
22 Illated to the phone calls which would be 94, 100, 102,
23 104, 112, 118, 125, 129 and 132 is the evidence the
24 same?
25 A Yes, on or about each of those dates a review
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1 of the phone records indicated telephonic contact
2 between the numbers belonging to and
3 as well as statements.
4 Q Now, if 1 could direct your attention to Count
5 number 7 which appears on page 26 of the draft
6 indictment, that is a charge of indictment of a minor
7 during the period of December 6th, 2004 through June 2nd
8 of 2005, could you summarize for the Grand Jury the
9 evidence related to that count.
10 A On or about these dates the facility of
11 interstate commerce, the telephone, specifically â–
12 and were utilized to set up
13 appointments, massage appointments for Epstein.
14 During the massages and on more than one
15 occasion Epstein digitally penetrated he
16 used a massager directly on her vagina and Epstein
17 directed to straddle him while he masturbated
18 and rubbed his penis between her legs, he would
19 masturbate, he would reach through her legs as she was
20 straddling him, there was no penetration of his penis in
21 her vagina, though.
22 He touched breasts, he would
23 masturbate. He paid on multiple occasions S200.
24 Both and Jeffrey Epstein have escorted
25 upstairs for these massages and Mr. Epstein gave
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1 a vibrator, Victoria Secret bra and panty sets
2 and he also rented her a car for several months.
3 Q And just so that it is clear, you mentioned he
4 paid her on several occasions, he paid her every time
5 she performed these lewd acts, correct?
6 A Yes, $200.
7 Q And is listed as a defendant with
8 respect to Jane Doe number 3 as well, and can you
9 explain to the Grand Jury a little bit more about who
10 is and why she is charged in this count?
11 A is one of Mr. Epstein's personal
12 assistants as well and she made appointments for him for
13 these massages.
14 we have contact between phone
15 and phone, she contacted approximately
16 25 times.
17 Q And that's why she is also charged with
18 someone who is either an aider or abetter or a
19 coconspirator with respect to this?
20 A Yes.
21 Q Okay. If I could direct your attention to
22 Count number 32 which appears on page 30, Count number
23 32.
24 A I got 32.
25 Q What is the evidence related to?
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1 A I am sorry, I didn't hear you ask me the
2 question, I thought you said refer to it.
3 The evidence is we have flight records that
4 indicate on December 13th, 2004 Epstein traveled to Palm
5 Beach County on the Gulfstream, there was telephonic
6 contact between and the day
7 before or the day of travel, we also have the sexual
8 conduct between Jeffrey Epstein and as we
9 described earlier in Count 7.
10 Q And just to refresh the recollection of the
11 Grand Jury, the Gulfstream aircraft is the one owned by
12 Hyperion?
13 A Air, Inc.
14 Q And when you said that there was telephone
15 contact, you recall that in overt act number 60 that we
16 discussed phone calls on December 12th, correct?
17 A we did.
18 Q Okay. If I could direct you to Count number
19 35 and if you could tell the Grand Jury about the
20 evidence according to that count.
21 A Again, we have flight records that indicate
22 that on January 6th, 2005 Epstein traveled to Palm Beach
23 County on the Gulfstream again, there was telephonic
24 contact between and the day before,
25 the day of that travel, we also talked about the sexual
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1 conduct between Jeffrey and between Epstein and
2
3 Q And can you tell us again what aircraft they
4 flew on on January 6th?
5 A That was the Gulfstream which was owned by
Hyperion Air, Inc.
7 Q Okay. If I could direct you to count 36 and
8 again if you could summarize that evidence.
9 A we have flight records that indicate that on
10 January 14th, 2005 Epstein, and traveled to
11 Palm Beach County on the Boeing 727 that Mr. Epstein
12 owns, there was telephonic contact between
13 and the day before, the day of that
14 travel, as well as we have the sexual conduct between
15 Jeffrey Epstein and as we described
16 earlier, and 1 will tell you that is --
17 Mr. Epstein's personal assistant, and is
18 we talked about just a few minutes ago,
19 mr. Epstein, another of Mr. Epstein's personal
20 assistants.
21 Q And if I could direct your attention to count
22 37 and ask you to summarize the evidence related to that
23 count.
24 A we have flight records that indicate that on
25 February 3rd, 2005 Mr. Epstein and traveled
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1 to Palm Beach County on the Boeing 727, there was
2 telephonic contact between and
3 the day before or the day of travel and we have
4 the sexual conduct between Epstein and
5 Q And if I could direct your attention to Count
6 number 38.
7 A In Count number 38 we have flight records that
8 indicate on February 10th, 2005 Mr. Epstein,
9 and traveled to
10 Palm Beach County on the Gulfstream, there was telephone
11 contact between and the day
12 before or the day of travel, we also have the sexual
13 conduct between Mr. Epstein and
14 Q Now, I am sorry, on Count number 38, which
15 airline were they on?
16 A They were on the Gulfstream.
17 Q Can i ask you to double-check that? There is
18 an inconsistency between the chart and the indictment or
19 we can save that for a later date.
20 A It is right here.
21 Q I will mark that we need to check on Count
22 number 38.
23 A I have the flight manifest with me if you want
24 me to check, I don't know if you want me to do that now.
25 Q Yes, if you don't mind.
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1 (Thereupon, there was a brief pause.)
2 A In count 38, flight records indicate on
3 February 10th, 2005 that Mr. Epstein,
4 and were in fact on the
S Boeing 727.
6 Q So the draft indictment contains the correct
7 information?
8 A Yes, it does.
9 Q What company owns the Boeing 727?
10 A JEGE, Inc., Incorporated.
11 Q And if I could take you to Count number 39
12 A Evidence shows through flight records that on
13 February 21st, 2005 Epstein,
14 and traveled to Palm Beach County on
15 the Boeing 727, there was telephonic contact between
16 and the day before or the day
17 of travel , there was also the sexual conduct between
18 Epstein and
19 Q And if I could take you to count number 40,
20 please.
21 A we have flight records that indicate on
22 February 24th, 2005 Epstein,
23 traveled to Palm Beach County on the Boeing
24 727, there was telephonic contact between
25 and the day before, the day of travel, and
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1 there was sexual conduct between Jeffrey Epstein and
2 as we described earlier in Count 7.
3 Q And if you could do Count 42.
4 A we have evidence that shows flight records,
5 that flight records indicate that on March 18th, 2005
6 Epstein traveled to Palm Beach County on the Boeing 727,
7 there was telephonic contact between and
8 the day of or the day before travel , we
9 have the sexual conduct between Mr. Epstein and
10 Q And just referring to that count,
11 is named, although she was not on the flight that day,
12 is that correct?
13 A Yes.
14 Q And you said that she made the telephone calls
15 with correct?
16 A Yes, and we also do have -- we have
17 interviewed Mr. Epstein's pilots and one of the pilots
18 indicated that was the one that arranged all of
19 Mr. Epstein's travel arrangements and so she is
20 responsible for making his arrangements to travel to
21 Palm Beach as well as call the girls for the
22 appointments.
23 Q If I could take you to Count number 43,
24 please.
25 A Flight records indicate that on March 31st,
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1 2005 Mr. Epstein traveled to Palm Beach County on the
2 Boeing 727, there was telephonic contact between
3 and the day before or the day of travel,
4 we also have the sexual conduct between Epstein as
5 described earlier in Count 7.
6 Q Again, in Count 44, what is the evidence
7 related to that?
8 A Flight records indicate that on April 8th,
9 2005 Epstein and traveled to Palm Beach
10 County on the Gulfstream and there was telephonic
11 contact between and on the
12 day before or the day of travel, we also have the sexual
13 conduct between Mr. Epstein and
14 Q And if you could go through 45, 46 and 47.
15 A Count 45 we have flight records that indicate
16 on April 27th, 2005 Epstein and traveled to
17 Palm Beach County on the Gulfstream, there is telephone
18 contact between and the day
19 before or the day of travel and we have the sexual
20 conduct between Jeffrey and
21 In Count 46 we have flight records that
22 indicate that on May 6th, 2005 Epstein, and
23 traveled to Palm Beach County on the
24 Gulfstream.
25 We have also telephonic contact between
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1 and either the day before or the
2 day of travel and we have the sexual conduct between
3 Epstein and and in Count 47 on May 19th, 2005
4 we have flight records that indicate Epstein,
5 and traveled to Palm Beach County on
6 the Gulfstream and we have telephone contact between
7 and the day before or the day
8 of travel.
9 we also have the sexual conduct between
10 Epstein and as described in the earlier
11 count, Count 7.
12 Q Now, if I could direct your attention to count
13 number 51 which appears on page 33, that is the sex
14 trafficking of a minor involving Jane Doe number 3, and
15 could you briefly summarize that, the evidence related
16 to that.
17 A As we discussed earlier in Count 7, I told you
18 guys about the sexual conduct between Epstein and
19 the monies that were paid to by
20 Mr. Epstein, the phone activity we discussed between
21 and it began in December,
22 and we also have phone calls beginning in January from
23 to at that time was 17
24 years of age, and we also have statements from
25 and regarding Mr. Epstein's knowledge of their
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1 ages.
2 Q And with respect to the affect on interstate
3 commerce related to that count we have both the
4 telephone calls, correct?
5 A Yes.
6 Q As well as Mr. Epstein actually traveling in
7 interstate commerce to engage in this activity, correct?
8 A Yes, we do.
9 Q is there anything else that you would like to
10 mention about Jane Doe number 3?
11 A Not at this time, no.
12 Q If I could direct you to Jane Doe number 4 and
13 if you could summarize for the Grand Jury the
14 information related to Jane Doe number 4's activities.
15 A Jane Doe number 4 is I think you
16 wanted their birth dates, her birth date is
17 she was 16 years old and attended Royal Palm Beach
18 High School.
19 we first have contact through phone calls from
20 to on April 25th, 2004 which
21 indicates and shows that was clearly 16 years of
22 age when she started going to Mr. Epstein's and
23 performing massages for Mr. Epstein.
24 our Jane Doe number 1, was the one
25 who recruited she basically told that she
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1 could make $200, she needed to dress cute, he might try
2 to touch you, but if you feel uncomfortable just let him
3 know and he will stop, and the first massage that
4 did he repeatedly told and I mentioned this to
5 you in the last Grand Jury session, she was very shy and
6 he would repeatedly tell her not to be so shy, that she
7 didn't have to be so shy.
8 Epstein asked her to remove her clothing and
9 she told him no, and throughout the massage he would
10 repeatedly grab at her, he grabbed her butt, he did
11 masturbate through this first massage and pulled her
12 clothes, she would pull away and she was paid $200 for
13 that.
14 upon leaving the first massage Mr. Epstein
15 told that if was willing to do more she
16 would get paid more. He also informed I that if she
17 would bring her pretty friends he would also pay her for
18 bringing her pretty friends. He told that
19 would get her phone number.
20 says that she performed three to four
21 massages for Mr. Epstein. we have with
22 approximately a hundred phone calls between
23 and
24 when I interviewed she became very upset
25 when we got to the sexual massages that she did for
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1 Mr. Epstein. At this point, this is as much as we know
2 at this point of what occurred with Mr. Epstein and
3
4 She did three to four massages and those last
5 massages they became more sexual in nature, he asked her
6 again to remove her clothing, this time she took her
7 shirt off, he asked her to take her bra off, she said
8 no.
9 He again would touch her breasts, he would
10 touch her butt, he did continue to masturbate, this time
11 she believes he ejaculated. He continued to compliment
12 her, tell her she had a nice body and that she was
13 pretty.
14 says that he was very nice and engaged
15 her in conversation, asked her, you know, if she had a
16 boyfriend. In the last massage she discusses with me,
17 and this massage Mr. Epstein told her to stop being shy
18 and asked her to take her clothes off and said
19 that she had a boyfriend and she didn't feel comfortable
20 taking her clothes off and he told her you should know
21 what to expect by now when you come here, and he jerked
22 on her pants as to like jerk them down, so she did on
23 this last massage get down to her bra and underwear.
24 she describes his tone at this time being
25 frustrated and irritated, she stayed in her bra and
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1 underwear, but during the massage he grabbed her bra and
2 pulled it down and fondled her breasts, he had
3 instructed her to pinch his chest, his nipples while she
4 was massaging his chest, he tried to grab her all over,
5 he knew that she was upset with this massage.
6 At one point Mr. Epstein asked her if she had
7 sex with her boyfriend, informs him that she is
8 still a virgin and he responds what, you don't like sex?
9 And that's pretty much the way that last massage went.
10 Q Now, Special Agent just to
11 interrupt you, you mentioned that Jane Doe number 4
12 became very upset as you were asking her about the
13 massages, correct?
14 A Yes.
15 Q And when she was describing this incident with
16 him grabbing at her breast and trying to pull her pants
17 down and instructing her to remove her pants, correct?
18 A Yes.
19 Q You had talked last week about the expert that
20 you had spoken with about interviewing victims of these
21 types of offenses?
22 A Right.
23 Q And you had told us about how a victim may be
24 reticent at first to tell the entire story until a
25 rapport is built?
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1 A Right.
2 Q Can you tell the Grand Jury your impressions
3 of your interview with
4 A She became so visibly upset, and a lot of the
5 girls are embarrassed of what took place, but when she
6 talked about the last massage and him grabbing her
7 breasts and fondling her breasts she was in tears and we
8 stopped the massage and we calmed her down, trying to go
9 back there was just too difficult, I could not get her
10 back to discussing anything further that had taken
11 place.
12 I have since then -- I have since talked to
13 again and I feel there is more there, but I just
14 don't think she is ready to disclose what took place.
15 Q So based upon the more than 60 telephone calls
16 as well as --
17 A Approximately a hundred.
18 Q -- 100 telephone calls and your conversations
19 with you think there is probably more than four
20 massages that happened?
21 A Yes, I do.
22 Q was there anything else that you wanted to
23 discuss with the Grand Jury?
24 A Just, as I stated in the beginning of those
25 massages, they engaged in conversation and throughout
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1 that conversation, you know, she did inform Mr. Epstein
2 that she was a junior in high school and again she is
3 one of the girls that talks about being Mr.
4 Epstein's favorite, so because Mr. Epstein knew they
5 were friends they would engage in conversation about
6 and would mention they were in the same
7 classes at school and they would discuss the friendship
8 they had between the two girls with mr. Epstein and
9 think that's it.
10 Q All right. If we could turn to the
11 post-indictment to overt act number 4 which appears on
12 page number 5.
13 Did you obtain telephone records for Jane Doe
14 number 4?
15 A Yes.
16 Q And did you compare those with the phone
17 records of and others?
18 A Yes, I did.
19 Q And can you tell us with respect to overt act
20 number 4 what evidence you have related to that?
21 A A review of the phone records indicate that
22 there was telephonic contact between the numbers
23 belonging to and as well as
24 statements that would call her to make
25 appointments.
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1 Q And if we could go through overt acts 6, 8, 9
2 and 11, all of which appear on page 6.
3 A A review of the phone records on May 3rd,
4 2004, may 14th, 2004, may 20th, 2004 and June 3rd, 2004,
5 a review of those phone records indicate that there was
6 telephonic contact between numbers belonging to
7 and as well as statements.
8 Q if 1 could take you to overt acts 14, 15 and
9 19 which appear on page 7.
10 A A review of the phone records on June 11th,
11 2004, June 20th, 2004 and July 10th, 2004, they indicate
12 that there is telephonic contact between the numbers
13 belonging to and
14 Q And if 1 could ask you to turn to page 8 and
15 if you could address overt acts 24 and 25.
16 A A review of the phone records on July 18th,
17 2004 and July 22nd, 2004, a review of and
18 's phone records indicate there is
19 telephonic contact belonging to both of them as well as
20 statements that Kellen would arrange
21 appointments with her.
22 Q If I could take you to page 9 of the draft
23 proposed indictment and ask about overt acts 29 and 30.
24 A A review of the phone records indicate there
25 is telephonic contact on July 22nd, 2004 and August 4th,
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1 2004 between numbers belonging to and
2 as well as statements.
3 Q If I could take you to page 10 of the draft
4 proposed indictment and ask you about overt acts 37 and
5 43.
6 A A review of phone records indicate telephonic
7 contact on August 25th, 2004 and October 3rd, 2004
8 between numbers belonging to and
9
10 Q And if you could turn to page 11 of the draft
11 proposed indictment and if you would address overt acts
12 47 and 48.
13 A A review of the phone records indicate
14 telephonic contact on October 30th, 2004 and November
15 4th, 2004 between numbers belonging to and
16 as well 's statements.
17 Q Okay. And if you could go to page 14 of the
18 draft proposed indictment and address overt act number
19 77.
20 A A review of phone records indicate that on
21 January 4th, 2005 there was telephonic contact between
22 and as well as
23 statements.
24 Q I'm sorry. If you could turn to page 16 of
25 the draft proposed indictment and address overt act
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1 number 87.
2 A A review of the phone records indicate that on
3 January 22, 2005 there is telephonic phone contact
4 between numbers belonging to and and
5 I believe I said on January 22nd, 2005.
6 Q Okay. And if you could go to page 17 and
7 address overt act number 101.
8 A On February 14th, 2005 a review of the phone
9 records indicate that there was telephonic contact on
10 that day between numbers belonging to and
11 as well as 's statements.
12 Q If you could turn to pages 18 and 19 and if
13 you would address overt acts 106, 114 and 116.
14 A A review of the phone records indicate that
15 there is telephonic contact between and
16 on February 24th, 2005 as well as
17 statements.
18 Q Overt act number 114 says on March 18th, 2005
19 defendant prepared a written message to defendant
20 Epstein regarding Jane Doe number 4, could you tell the
21 Grand Jury what the evidence is related to that?
22 A We have a review of the message pads that were
23 recovered during the search warrant that the state
24 served that showed that wrote a message to
25 Epstein regarding and that was done on march 18th,
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1 2005.
2 Q Do you happen to remember what the message
3 said?
4 A I have those with me.
5 Q would you mind getting them out?
6 A Do you want to mark it?
7 Q If you could just read it to the Grand Jury.
8 A It is a message written by for Jeffrey
9 on 3/18/2005, it looks like 4:21 p.m., and the message
10 reads is it okay if will come at 5:00 and there is
11 a question mark.
12 Q And if I could direct you to overt act number
13 116, what the evidence is related to that.
14 A A review of the phone records on march 29th,
15 2005 indicate that there is telephonic contact between
16 and as well as her --
17 statements.
18 Q And if I could take you to overt act number
19 127 which is on page 20.
20 A A review of phone records on April 11th, 2005
21 indicate that there is telephonic phone contact between
22 the numbers belonging to and as well
23 as 's statements.
24 Q Now, if you could go to Count number 8, which
25 alleges that between April 25th, 2004 and June 29th,
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1 2005 Jeffrey Epstein, enticed
2 Jane Doe number 4 to engage in sexual activity or
3 prostitution.
4 A on or about these dates we have a facility of
5 interstate commerce, specifically the telephones, â–
6 and which were utilized to
7 set up, arrange massage appointments for Epstein, we
8 have taking upstairs to set up the
9 massage table, she would set the massage table up as
10 well as set up the lotions and the oils, we during
11 those massages Epstein would grab and pull closer
12 to him as he masturbated, he repeatedly would ask her to
13 remove her clothing, wearing her bra and underwear,
14 Epstein would pull down her bra and grabbed at her
15 breast, he attempted to touch her vagina at one point
16 but she stopped him, he masturbated, she believes that
17 he ejaculated, he paid her $200, he told her that he
18 would pay her to bring her pretty friends and would pay
19 her more if she would do more.
20 Q And just so that this is clear to the Grand
21 Jury, June 29th of 2005 is the day before Jane Doe
22 number 4 turned 18, is that correct?
23 A yes.
24 Q so was there activity that continued past her
25 18th birthday?
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1 A Yes.
2 Q If I could direct you to Count number 17,
3 which appears on page 28, and tell us about the evidence
4 M ated to that.
A we have evidence through flight records that
5
6 indicate on May 21st, 2004 that Epstein and
7 traveled to Palm Beach County on the
8 Gulfstream, we have telephonic contact between and
9 the day before or the day of travel and we
10 have the sexual conduct between Epstein and as we
11 described earlier in Count 8.
12 Q And if you could go through Counts 18 and 19.
13 A we have flight records that indicate on June
14 4th, 2004 Epstein and traveled to Palm
15 Beach County on the Gulfstream, we have telephone
16 contact between and the day before,
17 the day of travel, we have sexual conduct between
18 Mr. Epstein and as discussed earlier.
19 We have also Count 19 on June 20th, 2004 we
20 have flight records that indicate that Epstein and
21 traveled to Palm Beach County on the Boeing
22 727.
23 We have the telephone contacts between
24 and the day before, the day of travel, we
25 also have the sexual conduct between Jeffrey and
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1 as we described earlier in Count 8.
2 Q Could you do the same for Counts 22 and 23,
3 please.
4 A Count 22 we have flight records that indicate
5 on July 22nd, 2004 Epstein,
6 traveled to Palm Beach County on the Boeing
7 727, we have the telephonic phone contact between
8 and the day before or the day of travel, we
9 also have the sexual conduct between Jeffrey Epstein and
10 as we described earlier, and Count 23 we have
11 flight records that indicate on August 6th, 2004 Epstein
12 and traveled to Palm Beach County on the
13 Boeing 727, we have telephonic contact between
14 and two days prior to Epstein and
15 traveling to Palm Beach County, we have sexual
16 conduct between Jeffrey Epstein and as we
17 described earlier.
18 Q And if you could do the same for Count number
19 28, please.
20 A Count number 28 we have flight records that
21 indicate on November 5th, 2004 Epstein, ,
22 traveled to Palm Beach County on the
23 Gulfstream, we have telephonic contact between
24 and the day before or the day of travel,
25 we have the sexual conduct between Epstein and .
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1 Q And if I could direct you to Count number 35,
2 you testified previously about the people who were
3 aboard the plane.
4 was there also telephone contact on January
5 6th -- excuse me, shortly before the flight on January
6 6th, 2005 between and this Jane Doe?
7 A Yes, two days before.
8 Q And if you look at Count number 40, again, you
9 had previously told us about who was on board the plane.
10 Can you tell us whether there was also telephone contact
11 shortly before that?
12 A There was telephone contact the day of or the
13 day before.
14 Q All right. Between who and who?
15 A Between and
16 Q okay. And if you could look at count 43, you
17 also had testified previously about who was aboard the
18 plane on that day.
19 was there also telephone contact between Jane
20 Doe number 4 -- excuse me, Jane Doe number 4 and
21
22 A Yes, two days before.
23 Q And if I could direct you to Count number 52,
24 which is the sex trafficking offense, and if you could
25 summarize again for the Grand Jury the evidence related
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1 to that.
2 A we discussed in Count 8 the sexual conduct
3 that occurred between and Epstein during the
4 massages that took place, we talked about the money that
5 was paid to her by Mr. Epstein and the offer of more
6 money if she would do more as well as if she would bring
7 her friends.
8 Through statements we have also that
9 has paid her in the past for bringing a
10 friend, we have the phone activity between
11 and which started in April, 2004, we know
12 was 16 at the time, we also have phone activity between
13 and beginning in the spring of 2005
14 when would be 17, with the statements of and
15 the knowledge that Mr. Epstein knew their age,
16 and we have gone through that regarding informing
17 Mr. Epstein that she was a junior in high school, that
18 she was classmates with and then 's
19 statements that was concerned because she was
20 discussing prom with Mr. Epstein, and both girls at that
21 time of the phone calls were under the age of 18.
22 Q Just again so it is clear for the Grand Jury,
23 neither nor ever specifically said hey,
24 Jeffrey, 1 am 17, but they provided information that
25 should have caused him to try to figure out whether in
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1 fact they were adults?
2 A Yes.
3 Q Any questions about Jane Doe number 4 before
4 we turn to Jane Doe number 5? Yes, ma'am.
5 A GRAND JUROR: I have to say something here,
6 if it is a stupid question forgive me if it is,
7 from what I heard, maybe I heard wrong, there were
8 three to four massages that Jane Doe, or
9 said that she had and you enumerated quite
10 a few sexual contact.
11 How do you know about this, do you have
12 records, how do you know they were sexual contact?
13 THE WITNESS: Through interviewing
14 A GRAND JUROR: She said she only had three to
15 four massages.
16 A GRAND JUROR: Her question is more like
17 there is 20 phone calls.
18 A GRAND JUROR: There is tons of them.
19 THE WITNESS: Exactly, that is what we were
20 discussing earlier when we discussed that there is
21 more than what is willing to admit at this
22 time.
23 A GRAND JUROR: I got it. So she said she
24 only had three to four.
25 A GRAND JUROR: There is a hundred phone
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1 calls.
2 A GRAND JUROR: You said you found out through
3 I am a little bit confused about that.
4 THE WITNESS: Through interviewing she
5 stated that she had three or four massages from
6 Mr. Epstein.
7 BY MS. -:
8 Q Special Agent , the sexual activity
9 that you described that went through, that is what
10 she said happened during those three to four massages,
11 correct?
12 A Right.
13 Q Does that answer your question?
14 A GRAND JUROR: Not really. How do we know
15 like about all these 25, 30?
16 A GRAND JUROR: There is more dates that match
17 up with the amount of massages.
18 A GRAND JUROR: There were a hundred phone
19 calls.
20 A GRAND JUROR: Are we supposed to assume a
21 phone call was made each time they had sexual
22 contact?
23 THE WITNESS: No. There are lots of phone
24 calls made arranging appointments between the
25 girls, that doesn't mean that every phone call that
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1 was made was a trip over to Mr. Epstein's house to
2 perform a massage.
3 MS. Yes, ma'am.
4 A GRAND JUROR: Couldn't they put anything in
5 this indictment about stalking her, are there any
6 rules against stalking children?
7 MS. I will address -- that is a
8 legal question that I will address when the Special
9 Agent is outside of the Grand Jury. Any other
10 factual questions related?
11 A GRAND JUROR: I don't have a question
12 relating to Jane Doe number 4, it was a question I
13 asked
1 UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
2 WEST PALM BEACH
3
4
S
6
7
8 IN RE: OPERATION LEAP YEAR
9
10 /
11
Grand Jury #07-103 (TUES-WPB)
12 west Palm Beach, Florida
Tuesday, May 15, 2007
13
14
15 TESTIMONY
16 OF
17
18
19
20
21 APPEARANCE:
22 SISTANT S. ATTORNEY
, FOREPER N
23 URT REPORTER
24
25
OFFICIAL REPORTING SERVICE
Exhibit 27
EFTA00224040
2
1 PROCEEDINGS
2
3 The sworn testimony of was taken
4 before the Federal Grand Jury, west Palm Beach Division,
5 701 Clematis Street, west Palm Beach, Palm Beach County,
State of Florida, on the 15th day of May, 2007.
7 Registered Merit Reporter and Notary
8 Public was authorized to and did report the sworn
9 testimony.
10 Thereupon,
11
12 a witness of lawful age, having been first duly sworn by
13 the foreperson, testified on her oath as follows:
14 BY MS. •
•
15 Q Good morning, Special Agent. Could you state
16 and spell your name for the record.
17 A Special Agent
18
19 Q And with whom do you work?
20 A The FBI here in West Palm Beach.
21 Q And are you here today on the continuing
22 investigation known as operation Leap Year?
23 A Yes, I am.
24 Q And you are one of the case agents on this
25 investigation, correct?
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1 A Yes, I am.
2 Q The last time you were here we were discussing
3 the evidence supporting various overt acts and charges
4 related to Jane Does number 1 and 2?
5 A Yes.
6 Q Today we are going to start with Jane Doe
7 number 3. Can you tell the Grand Jury who that is and
8 summarize briefly your previous testimony about her.
9 A Jane Doe number 3 is and she first
10 started, we have first phone contact with
11 starting in December of 2004, would have been 16
12 or 17 at that time, let me do the math real quick, she
13 would have been 16 -- sorry, 1 am sorry, she would have
14 been at that time 17, let's get it right, so she started
15 phone contact, started calling her in
16 September of 2004.
17 From testimony we know that went there
18 earlier, much earlier. which was Jane Doe
19 number 4 you will hear about next, they were good
20 friends and they both went in the spring of '04, prior
21 to 17th birthday, so did start giving
22 Mr. Epstein massages when she was 16, she performed a
23 few massages for Mr. Epstein and then took kind of a
24 little bit of a break.
25 The sexual activity that occurred with
OFFICIAL REPORTING SERVICE (
EFTA00224042
4
1 Mr. Epstein when was under the age of 18
2 included digital penetration, the use of a vibrator on
3 grabbing and fondling of her breasts and her
4 buttock, she was given gifts by Mr. Epstein, she was
5 given a vibrator, she was given Victoria secret
6 underwear, she was also given a car that Mr. Epstein
7 rented for her for a number of months, she was paid $200
8 by Mr. Epstein and was the one that primarily
9 called to set up appointments and as you can see
10 that began in December of '04.
11 was also one of Mr. Epstein's
12 favorites, according to several of the other girls.
13 Q Just so the Grand Jury has an idea, how does
14 that translate into the number of phone calls between
15 and that you were able to calculate?
16 A called her, I guess calls between
17 the two of them ranged around 125 phone calls from
18 December 6th, 2004 until October, 2005.
19 Q And just briefly can you remind the Grand Jury
20 did ever tell Mr. Epstein her age?
21 A No, they did not ever discuss, she did not
22 tell him how old she was, but she did tell him where she
23 planned on going to school and that she was in soccer.
24 She stated that when it came to her age that
25 Mr. Epstein didn't care. As I mentioned earlier,
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5
1 were very good friends and would talk
2 about and Mr. Epstein would ask questions about
3 was providing massages and as we will
4 talk about when we talk about Jane Doe number 4, which
5 is she told Mr. Epstein that she was a junior in
6 high school and that and her were in the same
7 classes together and that they were very good friends
8 and told us that at one point had come to
9 her because she had slipped about prom and she was
10 worried because Epstein was supposed to think she was 18
11 and she had talked about the prom and said she
12 never heard anything else about it and they never
13 brought it up.
14 Q Because, according to Mr. Epstein
15 didn't care really how old the girls were?
16 A Exactly.
17 Q And she never mentioned he asked her for her
18 age or asked for any form of identification to show
19 whether she was or was not over 18?
20 A No.
21 Q Now, if you could turn to the proposed
22 indictment and if I could ask you to look at overt act
23 number 59.
24 A we had a little knock at the door. Do you
25 want me to get it?
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1 Q Yes.
2 (Thereupon, there was a brief pause.)
3 A I will let you see a picture of Jane Doe
4 number 4, who we were talking about earlier, and
5 this is is there anyplace you want to put it
6 right down here in front?
7 Q And just so the record is clear, those are the
8 photographs that we showed to the Grand Jury last week?
9 A Yes, it is.
10 Q so if you could turn to overt act number 59
11 which appears on page 12, and if you could explain to
12 the Grand Jury the evidence we have related to that
13 phone call or phone calls on December 6th, 2004.
14 A On December 6th, 2004 a review of the phone
15 records indicate that there was telephonic phone contact
16 between the numbers belonging to and
17 as well as we have evidence with
18 Vanessa's statements of the phone calls being made to
19 her by .
20 Q And overt act number 60?
21 A A review of the phone records indicate
22 telephonic contact between the numbers belonging to
23 and on December 12, 2004.
24 Q And overt act number 64?
25 A A review of the phone records indicate
OFFICIAL REPORTING SERVICE
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1 telephonic contact between numbers belonging to
2 and on December 14th, 2004.
3 Q And just so that it is clear to the Grand
4 Jury, when the overt acts says that defendant
5 made one or more telephone calls, that means that the
6 call is originating from s phone, is that
7 correct?
8 A Yes, it does.
9 Q And if you could turn to overt act number 71.
10 A on December 20th a review of the phone records
11 indicate that there was telephonic contact between
12 and
13 And overt act number 79?
14 A on January 6th, 2005 a review of phone records
15 indicate there was telephone contact between numbers
16 belonging to and
17 Q And number 83?
18 A On January 14th, 2005 a review of the phone
19 records indicate telephonic contact between numbers
20 belonging to and
21 Q And with respect to the other overt acts
22 Illated to the phone calls which would be 94, 100, 102,
23 104, 112, 118, 125, 129 and 132 is the evidence the
24 same?
25 A Yes, on or about each of those dates a review
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1 of the phone records indicated telephonic contact
2 between the numbers belonging to and
3 as well as statements.
4 Q Now, if 1 could direct your attention to Count
5 number 7 which appears on page 26 of the draft
6 indictment, that is a charge of indictment of a minor
7 during the period of December 6th, 2004 through June 2nd
8 of 2005, could you summarize for the Grand Jury the
9 evidence related to that count.
10 A On or about these dates the facility of
11 interstate commerce, the telephone, specifically â–
12 and were utilized to set up
13 appointments, massage appointments for Epstein.
14 During the massages and on more than one
15 occasion Epstein digitally penetrated he
16 used a massager directly on her vagina and Epstein
17 directed to straddle him while he masturbated
18 and rubbed his penis between her legs, he would
19 masturbate, he would reach through her legs as she was
20 straddling him, there was no penetration of his penis in
21 her vagina, though.
22 He touched breasts, he would
23 masturbate. He paid on multiple occasions S200.
24 Both and Jeffrey Epstein have escorted
25 upstairs for these massages and Mr. Epstein gave
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1 a vibrator, Victoria Secret bra and panty sets
2 and he also rented her a car for several months.
3 Q And just so that it is clear, you mentioned he
4 paid her on several occasions, he paid her every time
5 she performed these lewd acts, correct?
6 A Yes, $200.
7 Q And is listed as a defendant with
8 respect to Jane Doe number 3 as well, and can you
9 explain to the Grand Jury a little bit more about who
10 is and why she is charged in this count?
11 A is one of Mr. Epstein's personal
12 assistants as well and she made appointments for him for
13 these massages.
14 we have contact between phone
15 and phone, she contacted approximately
16 25 times.
17 Q And that's why she is also charged with
18 someone who is either an aider or abetter or a
19 coconspirator with respect to this?
20 A Yes.
21 Q Okay. If I could direct your attention to
22 Count number 32 which appears on page 30, Count number
23 32.
24 A I got 32.
25 Q What is the evidence related to?
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1 A I am sorry, I didn't hear you ask me the
2 question, I thought you said refer to it.
3 The evidence is we have flight records that
4 indicate on December 13th, 2004 Epstein traveled to Palm
5 Beach County on the Gulfstream, there was telephonic
6 contact between and the day
7 before or the day of travel, we also have the sexual
8 conduct between Jeffrey Epstein and as we
9 described earlier in Count 7.
10 Q And just to refresh the recollection of the
11 Grand Jury, the Gulfstream aircraft is the one owned by
12 Hyperion?
13 A Air, Inc.
14 Q And when you said that there was telephone
15 contact, you recall that in overt act number 60 that we
16 discussed phone calls on December 12th, correct?
17 A we did.
18 Q Okay. If I could direct you to Count number
19 35 and if you could tell the Grand Jury about the
20 evidence according to that count.
21 A Again, we have flight records that indicate
22 that on January 6th, 2005 Epstein traveled to Palm Beach
23 County on the Gulfstream again, there was telephonic
24 contact between and the day before,
25 the day of that travel, we also talked about the sexual
OFFICIAL REPORTING SERVICE
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11
1 conduct between Jeffrey and between Epstein and
2
3 Q And can you tell us again what aircraft they
4 flew on on January 6th?
5 A That was the Gulfstream which was owned by
Hyperion Air, Inc.
7 Q Okay. If I could direct you to count 36 and
8 again if you could summarize that evidence.
9 A we have flight records that indicate that on
10 January 14th, 2005 Epstein, and traveled to
11 Palm Beach County on the Boeing 727 that Mr. Epstein
12 owns, there was telephonic contact between
13 and the day before, the day of that
14 travel, as well as we have the sexual conduct between
15 Jeffrey Epstein and as we described
16 earlier, and 1 will tell you that is --
17 Mr. Epstein's personal assistant, and is
18 we talked about just a few minutes ago,
19 mr. Epstein, another of Mr. Epstein's personal
20 assistants.
21 Q And if I could direct your attention to count
22 37 and ask you to summarize the evidence related to that
23 count.
24 A we have flight records that indicate that on
25 February 3rd, 2005 Mr. Epstein and traveled
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12
1 to Palm Beach County on the Boeing 727, there was
2 telephonic contact between and
3 the day before or the day of travel and we have
4 the sexual conduct between Epstein and
5 Q And if I could direct your attention to Count
6 number 38.
7 A In Count number 38 we have flight records that
8 indicate on February 10th, 2005 Mr. Epstein,
9 and traveled to
10 Palm Beach County on the Gulfstream, there was telephone
11 contact between and the day
12 before or the day of travel, we also have the sexual
13 conduct between Mr. Epstein and
14 Q Now, I am sorry, on Count number 38, which
15 airline were they on?
16 A They were on the Gulfstream.
17 Q Can i ask you to double-check that? There is
18 an inconsistency between the chart and the indictment or
19 we can save that for a later date.
20 A It is right here.
21 Q I will mark that we need to check on Count
22 number 38.
23 A I have the flight manifest with me if you want
24 me to check, I don't know if you want me to do that now.
25 Q Yes, if you don't mind.
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1 (Thereupon, there was a brief pause.)
2 A In count 38, flight records indicate on
3 February 10th, 2005 that Mr. Epstein,
4 and were in fact on the
S Boeing 727.
6 Q So the draft indictment contains the correct
7 information?
8 A Yes, it does.
9 Q What company owns the Boeing 727?
10 A JEGE, Inc., Incorporated.
11 Q And if I could take you to Count number 39
12 A Evidence shows through flight records that on
13 February 21st, 2005 Epstein,
14 and traveled to Palm Beach County on
15 the Boeing 727, there was telephonic contact between
16 and the day before or the day
17 of travel , there was also the sexual conduct between
18 Epstein and
19 Q And if I could take you to count number 40,
20 please.
21 A we have flight records that indicate on
22 February 24th, 2005 Epstein,
23 traveled to Palm Beach County on the Boeing
24 727, there was telephonic contact between
25 and the day before, the day of travel, and
OFFICIAL REPORTING SERVICE
EFTA00224052
14
1 there was sexual conduct between Jeffrey Epstein and
2 as we described earlier in Count 7.
3 Q And if you could do Count 42.
4 A we have evidence that shows flight records,
5 that flight records indicate that on March 18th, 2005
6 Epstein traveled to Palm Beach County on the Boeing 727,
7 there was telephonic contact between and
8 the day of or the day before travel , we
9 have the sexual conduct between Mr. Epstein and
10 Q And just referring to that count,
11 is named, although she was not on the flight that day,
12 is that correct?
13 A Yes.
14 Q And you said that she made the telephone calls
15 with correct?
16 A Yes, and we also do have -- we have
17 interviewed Mr. Epstein's pilots and one of the pilots
18 indicated that was the one that arranged all of
19 Mr. Epstein's travel arrangements and so she is
20 responsible for making his arrangements to travel to
21 Palm Beach as well as call the girls for the
22 appointments.
23 Q If I could take you to Count number 43,
24 please.
25 A Flight records indicate that on March 31st,
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EFTA00224053
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1 2005 Mr. Epstein traveled to Palm Beach County on the
2 Boeing 727, there was telephonic contact between
3 and the day before or the day of travel,
4 we also have the sexual conduct between Epstein as
5 described earlier in Count 7.
6 Q Again, in Count 44, what is the evidence
7 related to that?
8 A Flight records indicate that on April 8th,
9 2005 Epstein and traveled to Palm Beach
10 County on the Gulfstream and there was telephonic
11 contact between and on the
12 day before or the day of travel, we also have the sexual
13 conduct between Mr. Epstein and
14 Q And if you could go through 45, 46 and 47.
15 A Count 45 we have flight records that indicate
16 on April 27th, 2005 Epstein and traveled to
17 Palm Beach County on the Gulfstream, there is telephone
18 contact between and the day
19 before or the day of travel and we have the sexual
20 conduct between Jeffrey and
21 In Count 46 we have flight records that
22 indicate that on May 6th, 2005 Epstein, and
23 traveled to Palm Beach County on the
24 Gulfstream.
25 We have also telephonic contact between
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EFTA00224054
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1 and either the day before or the
2 day of travel and we have the sexual conduct between
3 Epstein and and in Count 47 on May 19th, 2005
4 we have flight records that indicate Epstein,
5 and traveled to Palm Beach County on
6 the Gulfstream and we have telephone contact between
7 and the day before or the day
8 of travel.
9 we also have the sexual conduct between
10 Epstein and as described in the earlier
11 count, Count 7.
12 Q Now, if I could direct your attention to count
13 number 51 which appears on page 33, that is the sex
14 trafficking of a minor involving Jane Doe number 3, and
15 could you briefly summarize that, the evidence related
16 to that.
17 A As we discussed earlier in Count 7, I told you
18 guys about the sexual conduct between Epstein and
19 the monies that were paid to by
20 Mr. Epstein, the phone activity we discussed between
21 and it began in December,
22 and we also have phone calls beginning in January from
23 to at that time was 17
24 years of age, and we also have statements from
25 and regarding Mr. Epstein's knowledge of their
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EFTA00224055
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1 ages.
2 Q And with respect to the affect on interstate
3 commerce related to that count we have both the
4 telephone calls, correct?
5 A Yes.
6 Q As well as Mr. Epstein actually traveling in
7 interstate commerce to engage in this activity, correct?
8 A Yes, we do.
9 Q is there anything else that you would like to
10 mention about Jane Doe number 3?
11 A Not at this time, no.
12 Q If I could direct you to Jane Doe number 4 and
13 if you could summarize for the Grand Jury the
14 information related to Jane Doe number 4's activities.
15 A Jane Doe number 4 is I think you
16 wanted their birth dates, her birth date is
17 she was 16 years old and attended Royal Palm Beach
18 High School.
19 we first have contact through phone calls from
20 to on April 25th, 2004 which
21 indicates and shows that was clearly 16 years of
22 age when she started going to Mr. Epstein's and
23 performing massages for Mr. Epstein.
24 our Jane Doe number 1, was the one
25 who recruited she basically told that she
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1 could make $200, she needed to dress cute, he might try
2 to touch you, but if you feel uncomfortable just let him
3 know and he will stop, and the first massage that
4 did he repeatedly told and I mentioned this to
5 you in the last Grand Jury session, she was very shy and
6 he would repeatedly tell her not to be so shy, that she
7 didn't have to be so shy.
8 Epstein asked her to remove her clothing and
9 she told him no, and throughout the massage he would
10 repeatedly grab at her, he grabbed her butt, he did
11 masturbate through this first massage and pulled her
12 clothes, she would pull away and she was paid $200 for
13 that.
14 upon leaving the first massage Mr. Epstein
15 told that if was willing to do more she
16 would get paid more. He also informed I that if she
17 would bring her pretty friends he would also pay her for
18 bringing her pretty friends. He told that
19 would get her phone number.
20 says that she performed three to four
21 massages for Mr. Epstein. we have with
22 approximately a hundred phone calls between
23 and
24 when I interviewed she became very upset
25 when we got to the sexual massages that she did for
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1 Mr. Epstein. At this point, this is as much as we know
2 at this point of what occurred with Mr. Epstein and
3
4 She did three to four massages and those last
5 massages they became more sexual in nature, he asked her
6 again to remove her clothing, this time she took her
7 shirt off, he asked her to take her bra off, she said
8 no.
9 He again would touch her breasts, he would
10 touch her butt, he did continue to masturbate, this time
11 she believes he ejaculated. He continued to compliment
12 her, tell her she had a nice body and that she was
13 pretty.
14 says that he was very nice and engaged
15 her in conversation, asked her, you know, if she had a
16 boyfriend. In the last massage she discusses with me,
17 and this massage Mr. Epstein told her to stop being shy
18 and asked her to take her clothes off and said
19 that she had a boyfriend and she didn't feel comfortable
20 taking her clothes off and he told her you should know
21 what to expect by now when you come here, and he jerked
22 on her pants as to like jerk them down, so she did on
23 this last massage get down to her bra and underwear.
24 she describes his tone at this time being
25 frustrated and irritated, she stayed in her bra and
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1 underwear, but during the massage he grabbed her bra and
2 pulled it down and fondled her breasts, he had
3 instructed her to pinch his chest, his nipples while she
4 was massaging his chest, he tried to grab her all over,
5 he knew that she was upset with this massage.
6 At one point Mr. Epstein asked her if she had
7 sex with her boyfriend, informs him that she is
8 still a virgin and he responds what, you don't like sex?
9 And that's pretty much the way that last massage went.
10 Q Now, Special Agent just to
11 interrupt you, you mentioned that Jane Doe number 4
12 became very upset as you were asking her about the
13 massages, correct?
14 A Yes.
15 Q And when she was describing this incident with
16 him grabbing at her breast and trying to pull her pants
17 down and instructing her to remove her pants, correct?
18 A Yes.
19 Q You had talked last week about the expert that
20 you had spoken with about interviewing victims of these
21 types of offenses?
22 A Right.
23 Q And you had told us about how a victim may be
24 reticent at first to tell the entire story until a
25 rapport is built?
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1 A Right.
2 Q Can you tell the Grand Jury your impressions
3 of your interview with
4 A She became so visibly upset, and a lot of the
5 girls are embarrassed of what took place, but when she
6 talked about the last massage and him grabbing her
7 breasts and fondling her breasts she was in tears and we
8 stopped the massage and we calmed her down, trying to go
9 back there was just too difficult, I could not get her
10 back to discussing anything further that had taken
11 place.
12 I have since then -- I have since talked to
13 again and I feel there is more there, but I just
14 don't think she is ready to disclose what took place.
15 Q So based upon the more than 60 telephone calls
16 as well as --
17 A Approximately a hundred.
18 Q -- 100 telephone calls and your conversations
19 with you think there is probably more than four
20 massages that happened?
21 A Yes, I do.
22 Q was there anything else that you wanted to
23 discuss with the Grand Jury?
24 A Just, as I stated in the beginning of those
25 massages, they engaged in conversation and throughout
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1 that conversation, you know, she did inform Mr. Epstein
2 that she was a junior in high school and again she is
3 one of the girls that talks about being Mr.
4 Epstein's favorite, so because Mr. Epstein knew they
5 were friends they would engage in conversation about
6 and would mention they were in the same
7 classes at school and they would discuss the friendship
8 they had between the two girls with mr. Epstein and
9 think that's it.
10 Q All right. If we could turn to the
11 post-indictment to overt act number 4 which appears on
12 page number 5.
13 Did you obtain telephone records for Jane Doe
14 number 4?
15 A Yes.
16 Q And did you compare those with the phone
17 records of and others?
18 A Yes, I did.
19 Q And can you tell us with respect to overt act
20 number 4 what evidence you have related to that?
21 A A review of the phone records indicate that
22 there was telephonic contact between the numbers
23 belonging to and as well as
24 statements that would call her to make
25 appointments.
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1 Q And if we could go through overt acts 6, 8, 9
2 and 11, all of which appear on page 6.
3 A A review of the phone records on May 3rd,
4 2004, may 14th, 2004, may 20th, 2004 and June 3rd, 2004,
5 a review of those phone records indicate that there was
6 telephonic contact between numbers belonging to
7 and as well as statements.
8 Q if 1 could take you to overt acts 14, 15 and
9 19 which appear on page 7.
10 A A review of the phone records on June 11th,
11 2004, June 20th, 2004 and July 10th, 2004, they indicate
12 that there is telephonic contact between the numbers
13 belonging to and
14 Q And if 1 could ask you to turn to page 8 and
15 if you could address overt acts 24 and 25.
16 A A review of the phone records on July 18th,
17 2004 and July 22nd, 2004, a review of and
18 's phone records indicate there is
19 telephonic contact belonging to both of them as well as
20 statements that Kellen would arrange
21 appointments with her.
22 Q If I could take you to page 9 of the draft
23 proposed indictment and ask about overt acts 29 and 30.
24 A A review of the phone records indicate there
25 is telephonic contact on July 22nd, 2004 and August 4th,
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1 2004 between numbers belonging to and
2 as well as statements.
3 Q If I could take you to page 10 of the draft
4 proposed indictment and ask you about overt acts 37 and
5 43.
6 A A review of phone records indicate telephonic
7 contact on August 25th, 2004 and October 3rd, 2004
8 between numbers belonging to and
9
10 Q And if you could turn to page 11 of the draft
11 proposed indictment and if you would address overt acts
12 47 and 48.
13 A A review of the phone records indicate
14 telephonic contact on October 30th, 2004 and November
15 4th, 2004 between numbers belonging to and
16 as well 's statements.
17 Q Okay. And if you could go to page 14 of the
18 draft proposed indictment and address overt act number
19 77.
20 A A review of phone records indicate that on
21 January 4th, 2005 there was telephonic contact between
22 and as well as
23 statements.
24 Q I'm sorry. If you could turn to page 16 of
25 the draft proposed indictment and address overt act
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1 number 87.
2 A A review of the phone records indicate that on
3 January 22, 2005 there is telephonic phone contact
4 between numbers belonging to and and
5 I believe I said on January 22nd, 2005.
6 Q Okay. And if you could go to page 17 and
7 address overt act number 101.
8 A On February 14th, 2005 a review of the phone
9 records indicate that there was telephonic contact on
10 that day between numbers belonging to and
11 as well as 's statements.
12 Q If you could turn to pages 18 and 19 and if
13 you would address overt acts 106, 114 and 116.
14 A A review of the phone records indicate that
15 there is telephonic contact between and
16 on February 24th, 2005 as well as
17 statements.
18 Q Overt act number 114 says on March 18th, 2005
19 defendant prepared a written message to defendant
20 Epstein regarding Jane Doe number 4, could you tell the
21 Grand Jury what the evidence is related to that?
22 A We have a review of the message pads that were
23 recovered during the search warrant that the state
24 served that showed that wrote a message to
25 Epstein regarding and that was done on march 18th,
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1 2005.
2 Q Do you happen to remember what the message
3 said?
4 A I have those with me.
5 Q would you mind getting them out?
6 A Do you want to mark it?
7 Q If you could just read it to the Grand Jury.
8 A It is a message written by for Jeffrey
9 on 3/18/2005, it looks like 4:21 p.m., and the message
10 reads is it okay if will come at 5:00 and there is
11 a question mark.
12 Q And if I could direct you to overt act number
13 116, what the evidence is related to that.
14 A A review of the phone records on march 29th,
15 2005 indicate that there is telephonic contact between
16 and as well as her --
17 statements.
18 Q And if I could take you to overt act number
19 127 which is on page 20.
20 A A review of phone records on April 11th, 2005
21 indicate that there is telephonic phone contact between
22 the numbers belonging to and as well
23 as 's statements.
24 Q Now, if you could go to Count number 8, which
25 alleges that between April 25th, 2004 and June 29th,
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1 2005 Jeffrey Epstein, enticed
2 Jane Doe number 4 to engage in sexual activity or
3 prostitution.
4 A on or about these dates we have a facility of
5 interstate commerce, specifically the telephones, â–
6 and which were utilized to
7 set up, arrange massage appointments for Epstein, we
8 have taking upstairs to set up the
9 massage table, she would set the massage table up as
10 well as set up the lotions and the oils, we during
11 those massages Epstein would grab and pull closer
12 to him as he masturbated, he repeatedly would ask her to
13 remove her clothing, wearing her bra and underwear,
14 Epstein would pull down her bra and grabbed at her
15 breast, he attempted to touch her vagina at one point
16 but she stopped him, he masturbated, she believes that
17 he ejaculated, he paid her $200, he told her that he
18 would pay her to bring her pretty friends and would pay
19 her more if she would do more.
20 Q And just so that this is clear to the Grand
21 Jury, June 29th of 2005 is the day before Jane Doe
22 number 4 turned 18, is that correct?
23 A yes.
24 Q so was there activity that continued past her
25 18th birthday?
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1 A Yes.
2 Q If I could direct you to Count number 17,
3 which appears on page 28, and tell us about the evidence
4 M ated to that.
A we have evidence through flight records that
5
6 indicate on May 21st, 2004 that Epstein and
7 traveled to Palm Beach County on the
8 Gulfstream, we have telephonic contact between and
9 the day before or the day of travel and we
10 have the sexual conduct between Epstein and as we
11 described earlier in Count 8.
12 Q And if you could go through Counts 18 and 19.
13 A we have flight records that indicate on June
14 4th, 2004 Epstein and traveled to Palm
15 Beach County on the Gulfstream, we have telephone
16 contact between and the day before,
17 the day of travel, we have sexual conduct between
18 Mr. Epstein and as discussed earlier.
19 We have also Count 19 on June 20th, 2004 we
20 have flight records that indicate that Epstein and
21 traveled to Palm Beach County on the Boeing
22 727.
23 We have the telephone contacts between
24 and the day before, the day of travel, we
25 also have the sexual conduct between Jeffrey and
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1 as we described earlier in Count 8.
2 Q Could you do the same for Counts 22 and 23,
3 please.
4 A Count 22 we have flight records that indicate
5 on July 22nd, 2004 Epstein,
6 traveled to Palm Beach County on the Boeing
7 727, we have the telephonic phone contact between
8 and the day before or the day of travel, we
9 also have the sexual conduct between Jeffrey Epstein and
10 as we described earlier, and Count 23 we have
11 flight records that indicate on August 6th, 2004 Epstein
12 and traveled to Palm Beach County on the
13 Boeing 727, we have telephonic contact between
14 and two days prior to Epstein and
15 traveling to Palm Beach County, we have sexual
16 conduct between Jeffrey Epstein and as we
17 described earlier.
18 Q And if you could do the same for Count number
19 28, please.
20 A Count number 28 we have flight records that
21 indicate on November 5th, 2004 Epstein, ,
22 traveled to Palm Beach County on the
23 Gulfstream, we have telephonic contact between
24 and the day before or the day of travel,
25 we have the sexual conduct between Epstein and .
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1 Q And if I could direct you to Count number 35,
2 you testified previously about the people who were
3 aboard the plane.
4 was there also telephone contact on January
5 6th -- excuse me, shortly before the flight on January
6 6th, 2005 between and this Jane Doe?
7 A Yes, two days before.
8 Q And if you look at Count number 40, again, you
9 had previously told us about who was on board the plane.
10 Can you tell us whether there was also telephone contact
11 shortly before that?
12 A There was telephone contact the day of or the
13 day before.
14 Q All right. Between who and who?
15 A Between and
16 Q okay. And if you could look at count 43, you
17 also had testified previously about who was aboard the
18 plane on that day.
19 was there also telephone contact between Jane
20 Doe number 4 -- excuse me, Jane Doe number 4 and
21
22 A Yes, two days before.
23 Q And if I could direct you to Count number 52,
24 which is the sex trafficking offense, and if you could
25 summarize again for the Grand Jury the evidence related
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1 to that.
2 A we discussed in Count 8 the sexual conduct
3 that occurred between and Epstein during the
4 massages that took place, we talked about the money that
5 was paid to her by Mr. Epstein and the offer of more
6 money if she would do more as well as if she would bring
7 her friends.
8 Through statements we have also that
9 has paid her in the past for bringing a
10 friend, we have the phone activity between
11 and which started in April, 2004, we know
12 was 16 at the time, we also have phone activity between
13 and beginning in the spring of 2005
14 when would be 17, with the statements of and
15 the knowledge that Mr. Epstein knew their age,
16 and we have gone through that regarding informing
17 Mr. Epstein that she was a junior in high school, that
18 she was classmates with and then 's
19 statements that was concerned because she was
20 discussing prom with Mr. Epstein, and both girls at that
21 time of the phone calls were under the age of 18.
22 Q Just again so it is clear for the Grand Jury,
23 neither nor ever specifically said hey,
24 Jeffrey, 1 am 17, but they provided information that
25 should have caused him to try to figure out whether in
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1 fact they were adults?
2 A Yes.
3 Q Any questions about Jane Doe number 4 before
4 we turn to Jane Doe number 5? Yes, ma'am.
5 A GRAND JUROR: I have to say something here,
6 if it is a stupid question forgive me if it is,
7 from what I heard, maybe I heard wrong, there were
8 three to four massages that Jane Doe, or
9 said that she had and you enumerated quite
10 a few sexual contact.
11 How do you know about this, do you have
12 records, how do you know they were sexual contact?
13 THE WITNESS: Through interviewing
14 A GRAND JUROR: She said she only had three to
15 four massages.
16 A GRAND JUROR: Her question is more like
17 there is 20 phone calls.
18 A GRAND JUROR: There is tons of them.
19 THE WITNESS: Exactly, that is what we were
20 discussing earlier when we discussed that there is
21 more than what is willing to admit at this
22 time.
23 A GRAND JUROR: I got it. So she said she
24 only had three to four.
25 A GRAND JUROR: There is a hundred phone
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1 calls.
2 A GRAND JUROR: You said you found out through
3 I am a little bit confused about that.
4 THE WITNESS: Through interviewing she
5 stated that she had three or four massages from
6 Mr. Epstein.
7 BY MS. -:
8 Q Special Agent , the sexual activity
9 that you described that went through, that is what
10 she said happened during those three to four massages,
11 correct?
12 A Right.
13 Q Does that answer your question?
14 A GRAND JUROR: Not really. How do we know
15 like about all these 25, 30?
16 A GRAND JUROR: There is more dates that match
17 up with the amount of massages.
18 A GRAND JUROR: There were a hundred phone
19 calls.
20 A GRAND JUROR: Are we supposed to assume a
21 phone call was made each time they had sexual
22 contact?
23 THE WITNESS: No. There are lots of phone
24 calls made arranging appointments between the
25 girls, that doesn't mean that every phone call that
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1 was made was a trip over to Mr. Epstein's house to
2 perform a massage.
3 MS. Yes, ma'am.
4 A GRAND JUROR: Couldn't they put anything in
5 this indictment about stalking her, are there any
6 rules against stalking children?
7 MS. I will address -- that is a
8 legal question that I will address when the Special
9 Agent is outside of the Grand Jury. Any other
10 factual questions related?
11 A GRAND JUROR: I don't have a question
12 relating to Jane Doe number 4, it was a question I
13 asked