EFTA00179389.pdf

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA RE: OPERATION LEAP YEAR TESTIMONY SPECIAL AGENT Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, April 24, 2007 APPEARANCES: OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 Assistant United States Attorney HELENA JOSETTE JONES-PARSONS, Foreperson EFTA00179389 2 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The sworn testimony of SPECIAL AGENT was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, 'Palm Beach County, State of Florida, on Tuesday, April 24, 2007. Paula E. Angelocci, Certified Court Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301 , was authorized to and did report the sworn testimony. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179390 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: I do. THE FOREPERSON: seated. Q Special Thank you. Please be EXAMINATION would you just remind the grand jurors who you are and who you work for? A My name is and I am a special agent with the FBI and I work here in Palm Beach. Q Special Agent , can you tell the grand jurors who will be appearing before them this afternoon? A One of our victims, , who was a minor at the time that she met Mr. Epstein. Q And have you previously testified about Yes, I have. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179391 4 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Did you attempt to interview her? She's going to be coming in, and she is not a minor anymore, so what is her full name? A Her name is and I did attempt to interview , and was interviewed by Palm Beach Police Department and because of the statements she provided to the police department, she felt as if she needed a lawyer. So when I attempted to interview her, we ended up going through her lawyer. Q And just so the grand jury has a little bit of background, the interview with the Palm Beach Police Department was quite some time ago? A Yes, it was, in the fall of '05. Q And when ■. started that conversation with the police, she was very forthcoming? A Yes, she was. Q Fully cooperative? A Yes. Q And what happened in the middle of that interview with the police? A The police just let know that she could be charged because brought some of the girls to Mr. Epstein and the police -- she was OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179392 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very cooperative, but the police at that point had to let know that what she had done that she could be facing charges. Q And that was after they had told her earlier that she didn't need an attorney present, correct? A Exactly. Q Okay. So this happens to her with the Palm Beach Police Department and did the Palm Beach Police actually present or propose charging m. A They did get a probable cause affidavit against Q And is that why II. and her attorney were concerned about her testimony here? A Yes. Q Now was a subpoena issued for on behalf of this grand jury? A Yes, it was. Q And before m• would comply with that, did she -- did her attorney request some sort of order? A Yes. Q And what did he ask for? A He asked for immunity for OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179393 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And let me show you the order, that is a sealed order in these grand jury proceedings. Now the immunity that has been provided for II. keeps her statements that are made here from being used against her? A Yes, it does. Q It doesn't -- if she commits perjury and she lies to the grand jury, can she still be charged? A Yes, she can. Q Okay. Could you read that? I know i t is only two pages. A Sealed order, on application of the United States Attorneys for the Southern District of Florida and it appearing to the satisfaction of the court that has been called to testify and to provide other information before the United States District Court, the Southern District of Florida, including a grand jury impaneled therein. And number two, that in a judgment of the said United States Attorneys, has refused to testify and provide other information on the basis of her privilege against self incrimination. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179394 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 And that number three, in the judgment of the United States Attorneys, the testimony and other information from made necessary to the public interest. And number four, that the aforesaid application has been made with the approval of the Assistant Attorney General in charge of the criminal division of the Department of Justice or a duly designated acting Assistant Attorney General pursuant to the authority vested in him by Title 18, United States Code, Section 6003, and Title 28, Code of Federal Regulations, Section 0.175 and 0.132, small e. Now, therefore, it is ordered pursuant to Title 18, United States Code, Section 6002, that give testimony and provide other information which she refuses to give or to provide on the basis of her privilege against self incrimination as to all matters about which she may be interrogated before said United States District Court including a grand jury impaneled therein as well as any subsequent proceeding or trial. However, no testimony or other information compelled under this order or any OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179395 8 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 information directly or indirectly derived from such testimony or other information may be used against in any criminal case except a prosecution for perjury giving a false statement or otherwise failing to comply with this order. It is further ordered that this order shall be sealed in accordance with said Federal Regulations Criminal. BY • Q Federal Rule of Criminal Procedure. A Federal Rule of Criminal Procedure, it's abbreviated, 6, little e, 6, except that a copy of this order shall be provided to counsel for the United States who may disclose the existence of the order to members of the grand jury, to the witness, to the counsel for the witness, and to law enforcement officers engaged in the investigation pending before the grand jury. Those persons may review the order, but may not retain a copy of the order nor may it disclose the existence of the order to any others. Done and ordered the 16th day of April 2007, at West Palm Beach, Florida. The United States District Judge Donald M. Middlebrook, Marie , AUSA. OFFICIAL REPORTING SERVICE, LLC (954) 467--8204 EFTA00179396 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q All right. So has a copy or has this document been shown to counsel for II. A Yes, it has. Q And to II. A Yes. Q And will II. be here this afternoon? A Yes, she will. Q Have you had a chance to sit with her? A Yes, we have. Q And she has been very forthcoming? A She's very cooperative. Q Okay. MI- : I don't have any further questions for the witness. Do you have any questions? All right. Seeing no questions, you are excused and I think that right now you are set to come back at 1 :15. How does 1 :30 sound? Is that all right? THE FOREPERSON: Fine. (Witness was excused.) OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179397 10 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATE OF REPORTER I, Paula E. Angelocci, Certified Court Reporter and Notary Public, do certify that the transcript is a true and correct transcription of my stenotype notes of the testimony of SPECIAL AGENT E. NESBITT KUYRKENDALL, taken before the Federal Grand Jury, West Palm Beach, Florida. PA LA E. ANGu OCCI, CSR #4869 Certified Co t Reporter OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179398