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Case 1:15-cv-07433-LAP Document 1320-18 Filed 01/03/24 Page 11 of 40 e sworn testimony from another of Epstein’s household employees (Alfredo Rodriquez) that Dershowitz was present alone at the home of Epstein, without his family, in the presence of young girls; e invocations of Fifth Amendment rights to remain silent by three of Epstein’s identified co-conspirators (Sarah Kellen, Nadia Marcinkova, and Adrianna Mucinska) when asked questions about whether Dershowitz had been involved with massages by young girls; e refusals by Jeffrey Epstein to discuss Dershowitz’s involvement but instead to invoke his Fifth Amendment right. Id. at 26-38. Several months later, on April 7, 2015, the Court (Marra, J.) denied Jane Doe 3 and Jane Doe 4’s motion for joinder. McCawley Decl., Exhibit. 4, Order denying Jane Doe 3’s motion to join. With regard to the eight separate issues as to which the allegations against Dershowitz were relevant, the Court addressed only the first (establishing “victim” status) and found that the “factual details regarding with whom and where the Jane Does engaged in sexual activities are immaterial and impertinent to this central claim (i.e., that they were known victims of Mr. Epstein and the Government owed them CVRA duties), especially considering that these details involve non-parties who are not related to the respondent Government.” Jd. at 5.4 Accordingly, the Court struck the factual details from the victims’ pleading as unnecessary at that time. The Court specifically recognized, however, that the details could be reasserted by the parties to the action —i.e., Jane Doe | and Jane Doe 2 — if they could “demonstrate a good faith basis for believing that such details are pertinent to a matter presented for the Court’s consideration.” Id. at 6. Following the Court’s ruling, additional litigation has proceeded in the CVRA case. The Dershowitz case * In asserting that the non-parties were “not related to the respondent Government,” the Court did not address Jane Doe 3’s argument that Dershowitz, as one of Epstein’s defense counsel, had helped negotiate the non-prosecution agreement and helped to arrange to keep it secret from the victims. 4