EFTA00298259.pdf

Page UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 08-CIV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. VOLUME I OF II 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 CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE No.502008CA0373150000TMB AB 3 5 6 7 B.B. 8 Plaintiff, -vs- VOWME 1 OF11 ~SI Defendants. 9 10 11 12 DEPOSMON OF DETECTIVE JOSEPH RECAREY 13 14 15 16 17 18 19 20 21 22 Friday, March 19, 2010 937- 5:12 pm. 250 Australian Avenue South Suite 1500 West Palm Beach, Florida 33401 Reported By: Cynthia Ilepldns, RPR, FPR 23 Notary Public, State of Florida Prose Reporting 24 ØQØ 509 25 1 APPEARANCES 2 On behalf or Ole Plaintiffs, BE, CL: 3 SPENCER T. KUVIN, ESQUIRE LEOPOLD KUVIN 2925 PGA Boulevard State 200 5 Palm Beach Gardens, Florida 33410 Phone: 6 On behalf of the Plaint", L.M., SW. and Jane Doe: e 9 BRADLEY J. EDWARDS. ESQUIRE FARMER. LOW, WEISSRM. EDWARDS 10 195 Kra & LEHRMAN, P.L 425 North Andrews Avenue 11 Suite 2 Fort Lauderdale, Florida 33301 12 Mom' 13 On lzhalf Ø6h 8: 14 JESSICA ARBOUR, ESQUIRE MERMELSIEN 8cHOROWITZ,P.A. 25 18205 Biscayne Boulevard Suite 2218 16 Miami, Florida 33160 Plasm. 17 E-mail: 18 0815~0 o K i , 488 103: 19 20 KATHERJHE W. EZELL ESQUIRE PODHURST ORSECK 21 25 West Elegier Street Suil4 800 22 Minne- FØ 33130 Ph 23 onc~ <Via 24 25 Page 3 1 2 3 UNTIED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 10-80309 4 5 JANE DOE NO. 103, 6 Plaintiff, 7 -vs- VOLUME I OF R 8 JEFFREY EPSTEIN, 9 Defendant. 10 11 12 13 14 15 16 17 18 19 20 21 22 I 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 23 Notary Public, State of Florida Parse Court Reporting 24 fob No.: 1509 25 1 Apecaianoes (*mimed 2 On behalf of the Ptainttffs: 3 ISIDRO MANUEL GARCIA, ESQUIRE GARCIA, ELKINS & LIOEBRINOER 224 Datura Awnuc, Sub< 900 W491 him Beach, Florida 33401 5 !tone 6 and 7 TARA A. FINNIGA/4, ESQUIRE TARA A. FINNTOAN, P.A. a 224 Datum Street Suite 900 9 West Min Buck Florida 3340) Phone' 10 11 12 On behalf of the Defendant, Jeffrey Egleix MICHAEL PIKE, ESQUIRE BURMAN, LØN, LUTITER & COLEMAN. LLP 13 303 Banyan Boulevard SUN 400 14 West Palm Beach. florid' 33401 Phone 15 16 and 17 JAC* ALAN GOLDBERGER., ESQUIRE ATTERBURY, GOLDB/eRGF.R & WEISS, P.A 18 250 Australian Avenue South Suite 1400 19 West Patin Eked\ Florida 334014012 Phone: 20 21 22 and MILTON G. WEINBERG, ESQUIRE LAW OFFICE OP MILTON G WEINBERG 23 10 Park Plata Suite 1000, 24 Bost" Map:schwa 02116 Phon 25 2 (Pages 2 to 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298261 Page 6 Page 8 5 6 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 PLAINTIFFS EX. 1 23 AFFIDAVIT PLAINTIFFS EX. 2 24 PLAINTIFF'S EX 3 25 PLAINTIFFS EX 4 Appearances continued... 2 On behalf of the Witness: 3 JOANNE M. O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSON & STUBBS, PA 4 505 South Flagler Drive, Suite 1100 : West t ida 33401 Phone Also Present: Jeffrey Epstein INDEX EXAMINATION DIRECT CROSS REDIRECT DETECTIVE JOSEPH RECAREY MR. KUVIN 9 BY MR. EDWARDS 242 EXHIBITS EXHIBIT DESCRIPTION PAGE PROBABLE CAUSE 15 INCIDENT REPORT 23 INCIDENT REPORT 45 PROPERTY RECEIPTS 126 1 PROCEEDINGS 2 MR. KUVIN: Just so we're clear with 3 respect to the deposition, I understand that 4 Mr. Epstein has three attorneys here today but 5 only one of them, pursuant to the Rules, is 6 going to be permitted to object to questions. 7 So I just wanted a designation as to which 8 attorney is going to be objecting to questions. 9 MR. PIKE: I will be objecting and 10 Mr. Weinberg will probably be asking questions. 11 I don't — 1 2 MR. KUVIN: I have no problem - 13 MR. PIKE: Do you have any objection with 14 that? 15 MR. KUVIN: I have absolutely no problem 16 if you want to switch it up as to who is 17 objecting and who is asking questions. That's 18 not a problem. I just don't want to get three 19 set of objections. 20 MR. PIKE: twill be the main on the 21 objections and Mr. Weinberg will be taking, 22 asking the questions. 23 MR. GOLDBERGER: Do we have to tag each 24 other? 25 MR. KUVIN: No. I would prefer you 2 MERITS CONTINUED_ MINT DESCRIPTION PAGE nAmmnsEcaAnwnnvmximn 127 PLAINTIFFS EC 5 SUPPLEMENT FOR own 151 OP CUSTODY LOG PLAINEFFS EC 6 PAGE FROM MESSAGE PAD 196 PLAINTIFFS ER 7 Moue MESSAGE 204 PIA/MPS EX 8 PHONE MESSAGE 205 PLAINTIFFS DC 9 PHONE MESSAGE 208 PLAINTIFFS DC 10 PHONE MESSAGE 209 PLAINTUTS EX 11 PHONE MESSAGE 210 PLAINTIFFS EC 12 PHONE MESSAGE 212 4 PLAINTIFFS EC 13 PHONE MESSAGE 213 PLAINTEFFS DC 14 PHONE MESSAGE 215 10 PLAINTIFFS Et. 15 PHONE MESSAGE 215 PLAINTIFF'S DC 16 PHONE MESSAGE 217 11 PLAINTIFFS DC 17 PHONE MESSAGE 219 PLAINTIFFS DC 18 PHONE MESSAGE 220 12 PLMNTIFFS DC. 19 PHOLE MESSAGE 221 PLAINTIFFS DC 20 PHONE MESSAGE 222 13 PLAINTIFF'S DC 21 PHONE MESSAGE 223 PLAINTIFFS EX. 22 PHONE MESSAGE 225 14 PLAINTIFFS Et 23 AND 24 PHOTOS 227 15 PlAINTIFFS EX. 26MS. 240 PLAIN EC 25 PH E 230 CELLPHONE LOG 16 pLAEMPFS EX. 27 LEITER DATED JULY 24, 241 2006 17 PLAINTIFFS DC 28 INTELLIGENCE REPORT 243 DATED 112804 18 19 20 21 22 23 24 25 Page 7 Page 9 1 wouldn't talk at all, but we'll deal with that 2 later. 3 (A discussion was held off the 4 record.) 5 Thereupon, 6 (DETECTIVE JOSEPH RECAREY) 7 Having been first duly sworn or affirmed, was 8 examined and testified as follows: 9 THE WITNESS: I do. 10 DIRECT EXAMINATION 11 MR. KUVIN: All right. Just as a 12 stipulation on the record so that we have it 3 all clear, what we have discussed prior to 14 starting the deposition is, is that since we're 15 discussing girls which were under the age of 16 18, minors at the time of the incidents 17 involved in this case, we're going to be using 18 their names as previously agreed to in all the 19 other depositions in the case pursuant to court 20 order. 21 The names will be used in the 22 deposition, but they will not be used in 23 the official transcript. There will be a 24 key at the end of the transcript which 25 will be sealed and confidential onl for 3 (Pages 6 to 9) PROSE COURT REPORTING AGENCY, INC. EFTA00298262 Page 10 1 the eyes only of the attorneys involved in 2 this litigation. 3 Therefore, Detective Recarey should 4 feel free to discuss names with the 5 understanding that those names shall not 6 be made public outside the lawsuits that 7 are currently pending in both state and B federal court. But that way hopefully it 9 will avoid confusion and I just want to 10 make sure we get agreement from all 11 counsel sitting around the table that that 12 is the understanding. And if there is any 13 clarification on that issue, please let us 14 know. 15 MR. PIKE: Agreed. 16 MR. EDWARDS: Agreed. 17 MR. GARCIA: Agreed. 18 MS. ARBOUR: Agreed. 19 MR. KUVIN: Katherine, agreed? 20 MS. P7RII • Yes, I am here. 21 MR. KUVIN: Did you hear my stipulation? 22 MS. P7Pli : Yes. 23 MR. KUVIN: Do you agree with that? 24. MS. WPM: Yes. 25 MR. KUVIN: Okay. 'just wanted to make Page 12 1 Q. All right. We're going to be talking to 2 you today about incidents that occurred back in 3 roughly 2005,'6, and 7. During that period of 4 time were you a detective? 5 A. Yes. 6 Q. Okay. All right. And lets just 7 summarize briefly what you're going to talk about 8 first and then we'll get down into the details of 9 it. 10 Did you have occasion to begin an 11 investigation with respect to a gentleman by the 12 name of Jeffrey Epstein? 13 A. Yes, I did. 14 Q. And when did that investigation begin 15 roughly? 16 A. That case was assigned to me on September. ] 17 believe, of 2005. 18 Q. And what were you assigned to investigate? 19 A. There was an allegation of an underaged female 20 that had went to the home of Mr. Epstein and was asked 21 to perform a massage at which time it became sexual in 22 nature and she was paid for her services. 23 Q. All right. 24 MR. PIKE: fin going to object to fomi as 25 speculation and hearsay and move to strike. Page 11 1 it clear. 2 MS. EZELL: Thank you. 3 BY MR KUVIN: 4 Q. Why don't you give us your full name, if 5 you would, please. 6 A. Joseph Recarey. 7 Q. Detective Recarey, could you please tell 8 us what you do fora living. 9 A. I am a detective with the Town of Palm Beach 10 Police Department. 11 Q. How long have you been a detective for the 12 Town of Palm Beach? 13 A. Approximately 15 years. 14 Q. And what is your exact title there for the 15 Town of Palm Beach? 16 A. Detective or a police officer. 17 Q. Do you work in a particular unit? 18 A. The — currently assigned to the Organized 19 Crime/Vice and Narcotics. 20 Q. How long have you been assigned to that 21 unit? 22 A. Approximately three years. 23 Q. Okay. What did you do before that for the 24 town? 25 A. I was a general detective. 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 Page 13 BY MR. KUViN: Q. With respect to the investigation that you performed, how long roughly did that investigation last? in other words what period of time are we looking at here from beginning to end? And if it helps you, I have the incident report. A. It was approximately, I believe, a year. Q. Okay. Could you summarize for us generally, and like 1 said we'll get into details by going through it, but generally what did you do during the investigation? MR. PIKE: Form. THE WITNESS: Conducted interviews, executed a search warrant, issued subpoenas. continued with interviews. BY MR. KUVIN: Q. When you did the interviews, are we talking about any interviews with Mr. Epstein? A. No, there was no interviews with Mr. Epstein. Q. Did he ever agree to talk to you? A. Originally when I was speaking with attorney Guy Fronstin, there was a mention that he would be available for an interview. However, that never came to be. Q. Why not? 4 (Pages 10 to 13) PROSE COURT REPORTING AGENCY, INC. EFTA00298263 Page 14 Page 16 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 13 Molestation. MR. PIKE: Form. 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 15 Q. Bottom right. I apologize. All right: Let's go to, if we could, 14 15 BY MR. KUVIN: 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. ' EFTA00298264 Page 18 1 A. Jane Doe No. 2. 2 MR. PIKE: I am going to object to form 3 through these series of questions so we don't 4 have to keep repeating with regard to the 5 information. 6 MR. KUVTN: Yeah, well, I want to make 7 sure I understand what is the form objection. 8 MR. PIKE: Your, your questions are 9 relating back to opinion and hearsay evidence 10 and the investigation. So, actually just go 11 ahead and I will put it on the record. Go 12 ahead. 13 MR. KINN: All right. I just wanted to 14 make sure I knew because I wanted to fix them 15 if there was something that I could do to fix 16 them. 17 MR. PIKE: I don't think you can unless 18 you want to start the depo over. 19 MR. ICUV1N: No, but I can start from now. 20 MR. PIKE: Let's go. 21 BY MR. KUVIN: 22 Q. All right. During your investigation did 23 you identify who III was, and if so who? 24 MR. PIKE: Form. 25 THE WITNESS: Yes, I did. I identified Page 20 1 A. So many things occurred with the State 2 Attorneys Office. Originally it was determined that it 3 was going to.be a grand jury. 4 Q. Okay. 5 A. And then the case was going to be presented to 6 the grand jury. That was later retracted and they 7 wanted a probable cause affidavit 8 Q. Okay. 9 A. I submitted the probable cause affidavit 10 Shortly thereafter I was told we're going back to the 11 grand jury. 12 Q. Okay. Well, let me ask you this: After 13 the probable cause affidavit was issued, did you 14 institute the search of the home at that point or 15 you institute the search of the home before the 16 davit was — 17 A. Prior, prior to theMaffidavit. 18 Q. Okay. All right. Let's go back. Why 19 don't you give us, if you would, briefly your 20 training and experience as an officer. Just start 21 with, you know, where you went to the academy and 22 where you started working and then kind of work us 23 through to when you got your job at Palm Beach 24 County or Palm Beach. 25 A. I went to the police academy back in 1990 -- Page 19 S 2 BY MR. KUVIN: Q. C A is who? 3 : Same objection. 6 BY MR. KUVIN: 7 Q. Okay. Now, these girls that you 8 identified in your probable cause affidavit here at 9 the conclusion, did you find that all of these girls 10 were under the age of 18 at the time they went to 1.1 Mr. Epstein's home? 12 MR. PIKE: Form. 13 THE WITNESS: Correct. 14 BY MR. KUVIN: 15 Q. And how old were they? 16 A. They were approximately 16, 15, 16 and/or up 17 to 17 years of age. 18 MR. PIKE: Form. 19 BY MR. KUVIN: 20 Q. Okay. All right: Do you recall how old 21 C.L. was? 22 A. I believe she was 16. 23 Q. After filling out and signing the probably 24 cause affidavit, could you explain to us what 25 reared next? 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 Page 21 Q. Okay. A. -- down here in Palm Beach County. I was hired by Palm Beach in 1991 where 1 did three years on the, as a patrol officer. Q. Okay. A. I was transferred then to the detective bureau. Q. Roughly when? A. '94. Q. Okay. A. From the detective bureau, I went to the Organized Crime/Vice and Narcotics Unit where I spent about five, six years. Q. When did you get into that unit roughly? A. Q. A. Q. A. Q. A. Q. . A. 2006. I would say *96, '95, '96. Okay. And you spent how long there? About roughly five to six years. All right. Then where did you go? Back to the detective bureau. So we're looking at like 2000 and 2001? Correct All right I was there for up to 2006, I believe, 2000 -- Okay. And then in 2006? 6 (Pages 18 to 21) PROSE COURT REPORTING AGENCY.,. INC.. EFTA00298265 Page 2._ 1 A. They created another, a unit from the 2 Organized Crime/Vice and Narcotics Unit. Made it 3 special investigations. Went over to there where Pm -- it was renamed back to the Organized Crime/Vice and 5 Narcotics. Q. Okay. A. That's basically what we would operate on. 8 Q. Gotcha. And you've been in that unit 9 since then to the present day? 10 A. Correct 11 Q. Okay. Have you ever worked in any other 12 department? 13 A. I worked for the State Attorney's Office as a 14 process server for five years. 15 Q. Okay. And that was before going to the 16 academy in 1990? 17 A. Correct. 18 Q. Okay. High school graduate? 19 A. Correct. 20 Q. Any secondary schooling, college? 21 A. College credits and specialized training with 22 the police department. 23 Q. Okay. Did you get an AA in college or no? 24 A. No. 25 Q. Okay. Where did you get your college Page 24 1. Department Incident Report which appears to be 2 numbered, thankfully, and consists of 87 pages plus 3 one. It looks like there is 87 consecutively 4 numbered pages and then a single page again numbered 5 as Page I, just for the record. 6 All right. First of all, do you 7 recognize what we have marked as Exhibit 2? 8 A. Yes, !do. 9 Q. And could you describe for us what that 10 is? 11 A. It is the Palm Beach Police Department's 12 Incident Report. 13 Q. AM right. When this investigation first 14 began, were your, were you the first one that was 15 contacted regarding potential allegations against 16 Mr. Epstein? 17 MR. PIKE: Form. 18 THE WITNESS: No, I was not. 19 BY MR. KLIVIN: 20 Q. Who was the first one that was actually 21 contacted, and could you explain to us if you NNW IL. 22 how they were contacted? 23 A. It was Officer Michele Pagan. 24 Q. Okay. And do you blow as you sit her: 25 today under what circumstances she was contacted? 1 credits? 2 A. PBCC. 3 Q. Are you from here locally, Palm Beach? 4 A. No. 5 Q. Where from? 6 A. New York City. 7 Q. When did you come down here? 8 A. 1980. 9 Q. Okay. All right Let's walk through kind 10 of chronologically what occurred in this particular 11 case. And just so that it's easier for you, let me 12 give you the incident report. What I will do is I 13 am going to ask you questions. 14 If you need to refresh your 15 recollection at any point with the incident report, 16 just let us know that you're using it to refresh 17 your recollection which is fine. I just want to 17 18 make sure that we can distinguish between what you 18 19 may recall indepcudendy versus what you may be 19 20 using to refresh your recollection. 20 21 (Plaintiffs Exhibit No. 2 was marked for 21 22 identification.) 22 23 BY MR. KUVIN: 23 24 Q. All right. I'm going to give what you we 24 25 have marked as Exhibit 2 as the Palm Beach Police 25 Page 23 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Page 25 A. I believe it was telephonicalliiitelephone. Q. Okay. Was she contacted by herself or her parents, do you remember? MR. PIKE: Form. THE WITNESS: I totally believe it was the step-mother that called her. BY MR.. KUVIN: Q. Okay. When Ms. Pagan took down that inforMation, how soon after were you actually brought into the investigation? A. I believe she took the report in March, and I took, I took possession of the case in September. Q. Do you know why the break in time between March and September when you actually get it? In other words do you know why you got the case some months later? A. She was transferred to patrol. Q. Okay. So, Ms. Pagan was originally investigating this case — A. Correct. Q. -- until she got transferred to patrol? A. Yes. Q. Did her transfer to patrol have anything to do with this case? A. No. .7crodrol.16 7 (Pages 22 to 2 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298266 Page 26 Page 28 1 Q. Okay. When you take over the 2 investigation in September — and just so we're 3 clear we're talking about September of 2005? 4 A. Correct. 5 Q. When you take over that case, do you take 6 any particular action to bring yourself up to speed 7 on what's going on? 8 A. I reviewed her reports and listened to the 9 interviews and what she had already evidentiary-wise. 10 Q. Okay. Let's go to, if you would, Page 22 11 of the incident report. Just so we can make sure 12 that we have an accurate chronology here, it appears 13 right in the middle of the page we have got the date 14 of September 8, 2005. And it states: I reviewed 15 the case notes of this file as the case will be 16 turned over to Detective Recarey. Do you see that? 17 A. Yes, I do. 18 Q. Was that roughly the dale that the 19 investigation was turned over to you? 20 A. No. It was turned over officially I think the 21 19th. 22 Q. Okay. And we see that in Narrative 2 at 23 the bottom of the same page? 24 A. Correct 25 Q. All right. And the first entry there says 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the investigation early on -- MR. KUVIN: Okay. THE WITNESS: — as bringing ill BY MR. KUVIN: Q Okay. Any other minors that you can recall came up at that point; in other words the point between when Ms. Pagan starts the investigation until when you take it over? MR. PIKE: Object to the fonn. THE WITNESS: No, not that I can recall. BY MR. KUVIN: Q. Okay. Where is Ms. Pagan today? Is she here locally? A. Yes, she's still with the police department. She rides the bicycle. Q. Okay. If you would, can you turn to Page 17 for me of the Incident Report. Towards the bottom, third paragraph from the bottom, it tefetwces a cross-reference of Epstein's residence. Do you see that? A. Uh-huh. Q. What was the residence that you found for Mr. Epstein, the address, the physical address? A. 358 El Brillo. Q. Palm Beach Island? 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 Page 27 on September 19, 2005, you met with Officer Pagan and received the information pertaining to the case? A. Correct. Q. All right. When you received that information, is it safe to assume that you reviewed the investigation materials that Michelle Pagan had collected up until that date? A. Yes, I believe so. Q. Okay. At this point in time do you know bow many potential victims there were of Mr. Epstein? MR. PIKE: Form. THE WITNESS: No, we didn't know the octant of how many victims at that point. BY MR. KUVIN: Q. All right. We 'mow that step-mother had called in and there as an investigation regarding her. Were there any other minors at that point that had come into the investigation? MR. PIKE: Fonts. WITNESS: We knew of a girl by name of MR. KUVIN: Okay. THE WITNESS: That her name had come up in 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 Page 29 A. Correct. Q. Okay. And it states there that a cross-reference of that address revealed certain affiliated names. Could you give us those names? MR. PIKE: I am sorry, Counsel, what paragraph? MR. KUVIN: Third from the bottom starting with the cross-reference. MR. PIKE: Appreciate it. MR. KUVIN: S TILE WITNESS Mark Epstein, and Ghislaine Maxwell. BY MR. KINN: Q. Okay. How is it those affiliated names came up? In other words what database were you looking at to reference those names? A. If she cross-referenced it, she used the Town of Palm Beach CAD system. Q. And just for those that may not know, what is the CAD system? A. The CAD system is basically if someone is, is we had a 911 hangup or an slant) call or any kind of incident that accrues within the Town of Palm Beach, when the officer responds and they encounter someone at the home, whatever the reason, whether it be a false 8 (Pages 26 to 29) PROSE COURT REPORTING AGENCY, INC. EFTA00298267 Page 30 1 alarm, 911 hangup, you get their information. That 2 information gets put into the CAD system as to who, who 3 the officer encountered on that property. 4 Q. Okay. Is it regular practice for you as a 5 detective when taking over a file from another 6 detective to review all the materials that they have 7 put together? B A. Yes. 9 Q. All right. And are these records 10 contained within the Palm Beach Police Department? 11 In other words are these the regular business 12 records of the department -- 13 A. Yes. 14 Q. -- the information contained within the 15 investigation that Ms. Pagan had put together? 16 A. It is no longer in the department if that's 17 what you're asking. 18 Q. No, I mean at the time, when you take over 19 sometime in September. 20 A. Yes, correct. It would be. 21 Q. Okay. 22 A. It would be. 23 Q. All the information is contained within 24 the Town of Palm Beach investigative unit? 25 A. Correct. 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 Page 32 point during the massage Mr. Epstein - this is all off recollection by the way. MR. KUVIN: If you want to use the incident report, what we're referring to would be on Pages 11 through roughly 15 of the incident report — MR. PIKE: Just -- MR. KUVIN: — if you need it to help refresh your recollection. MR. PIKE: Just so the record is clear, we're still on the one question. There is a form objection on the same answer. THE WITNESS: It was — I haven't found exactly where she goes into the story, however I know — MR. KUVIN: I think ifs at Page 14. THE WITNESS: — where there was some touching involved, and Mr. Epstein then, I believe, introduced a massager. BY MR. KUVIN: Q. A vibrator? A. Correct. Q. Okay. Was she asked to take her clothes off according to what she told the police department? Page 31 1 Q. I understand. Now, it's obviously not 2 public at that point. You're keeping the 3 investigation private? 4 A. Correct 5 Q. But nonetheless all those documents that 6 you would have reviewed front Ms. Pagan would have 7 been business records of the police department at 8 the time? 9 A. Correct. 10 Q. I understand. Now, when you reviewed this 11 information from Detective Pagan, could you walk us 12 through exactly what■ had explained occurred to 13 her? 14 MR. PIKE: Form. 15 THE WITNESS: She was taken to 16 Mr. Epstein's house for the purpose of making 17 money, providing a massage. 18 MR. KUVIN: Okay. 19 THE WITNESS: Once she got there, she was 20 taken upstairs to the bedroom area At that 21 time what my understanding was is they were 22 taken to the bedroom area through the stairwell 23 where Mr. Epstein was awaiting to do a massage. 24 MR.. KUVIN: Okay. 25 THE WITNESS: The massage began. At some 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 Page 33 MR. PIKE: Font THE WITNESS: Yes. BY MR. KUVIN: Q. And how old was she at the time? MR. PIKE: Form. THE WITNESS: Fourteen. BY MR.. KUVIN: Q. Was there an investigation as to howl. actually was taken to the home? In other words did you determine who took her there? A. Correct Q. Who was that? A. BY MR. KUVIN: Q. Did Ms. Pagan interview Ms. MI? A. No, she did not. Q. Not at this point? A. No. Q. Did you ultimately interview Ms. IM A. Yes, I did. Q. With respect to whatMxplained. I would like to walk through this if I could for a minute. MR. PIKE: What sage are vou on? 9 (Pages 30 to 33) PROSE COURT REPORTING AGENCY, INC. EFTA00298268 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 MR. KUVIN: Fourteen. BY MR. KUVIN: Q. Was there another woman that she described in the home at Epstein's house? MR. PIKE: Form. THE WITNESS: Yes. She described a tall blonde female which I believe was BY MR. KUM: Q. Okay. And what did IIIM.10 MR. PIKE: Form. BY MR. KUVIN: Q. -- as far as what she described to you? MR. PIKE: Same objection. THE WITNESS: If I can just — I am going to-- MR. KUVIN: Yeigie a look. THE WITNESS: was the one who took her upstairs, I believe. MR. PIKE: Form. BY MR. KUVIN: Q. Upstairs in Mr. Epstein's house? MR. PIKE: Same objection. THE WITNESS: Yes. Page 36 1 THE WITNESS: He told her to remove, take 2 off her clothe's. 3 BY MR. ICUVIN: 4 Q. Okay. And she's 14 at this point? 5 MR. PIKE: Form. 6 THE WITNESS: Cared. 7 BY MR. KUVIN: 8 Q. What did explain was his demeanor, 9 Mr. Epstein's demeanor with respect to asking her to 10 take off her clothes? 11 MR. PIKE: Form. 12 THE WITNESS: I believe he was stern when 13 he instructed her to remove her clothing. 14 BY MR. KUVIN: 15 Q. What was he dressed in? 16 MR. PIKE: Form. 17 THE WITNESS: In a towel. 18 BY MR. KUVIN: 19 Q. Could you explain to us exactly what 20 Mr. Epstein supposedly instructed her to do — 21 MR. PIKE: Form. 22 BY MR. KUVIN: 23 Q. — and then what he did? 24 MR. PIKE: Same objection. 25 THE WITNESS: He instructed her to provide Page 35 1 BY MR KUVIN: 2 Q. The same home that we described before on 3 El Brill° Way? 4 MR. PIKE: Form. 3 THE WITNESS: Yes. 6 BY MR. KUVIN: 7 Q. All right. Let's walk through some of 8 this. When she gets upstairs, the woman leaves the 9 room? 10 MR. PIKE: Form. 11 . THE WITNESS: Correct. 12 BY MR. KUVIN: 13 Q. Okay. At that point does she tell you 14 that Mr. Epstein comes in? 15 MR. PIKE Form. 16 THE WITNESS: This is what she's informing 17 Officer Pagan. 18. BY MR. ICUV1N: 19 Q. Pagan, yes? 20 • A. Yes. 21 MR. PIKE: Same objection. 22 BY MR. KUV1N: 23 Q. All right. And what does Mr. Epstein do 24 at that point according to what El explained? 25 MR. PIKE: Form. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 a massage pointing to the specific lotion for her to use. He laid on the table face down. As she was providing the massage, he asked her to get onto his back. She straddled herself along his back and advised that her exposed buttocks was touching his bare buttocks. MR. PIKE: Form, move to strike. BY MR. KUVIN: Q. What happened next? MR. PIKE: Form. THE WITNESS: He turned over onto his back and was masturbating. BY MR. KUVIN: Q. Okay. Did he masturbate to conclusion according to her? MR. PIKE: Form. THE WITNESS: It doesn't state in the Mort. BY MR. KUVIN: Q. Okay. Did describe what her reaction was to what was occurring at this point? MR KUVIN: Form. THE WITNESS: She was disgusted by his actions but didn't say anything. 10 (Pages 34 to 37) PROSE COURT REPORTING AGENCY, INC. EFTA00298269 Page 38 Page 40 1 BY MR. KUVIN: 2 Q. Okay. Was Ms.■ able to describe the 3 home? 4 MR. PIKE: Form. 5 THE WITNESS: Correct, she did. She 6 described Epstein's house as a two-story pink 7 house with a Cadillac Escalade parked in the driveway. 9 BY MR. KUVIN: 10 Q. .Was she able to describe the inside of his 11 home? 12 MR. PIKE: Form. 13 THE WITNESS: Yes. 14 BY MR. KUVIN: 15 Q. Did your investigation uncover any reason 16 why a 14-year-old girl, other than what she 17 described for you, may know what the inside of 18 Mr. Epstein's home looked like? 19 MR. PIKE: Form. 20 THE WITNESS: I'm sorry? 21 BY MR. KUVIN: 22 Q. Did your investigation wit* any legal 23 reason why a 14-year-old girl lik would know 24 what's inside of Mr. Epstein's home ooked like 25 other than what she had described to you? 1 THE WITNESS: Yes. 2 BY MR. KUVIN: 3 Q. How did she describe it? 4 A. She stated that his, quote, wee-wee was very 5 tiny. 6 Q Okay. 7 MR. PIKE: Form, move to strike. Just so 8 the record is clear, Detective Recarey is 9 reading from a document that has been marked as 10 Exhibit -- 11 MR. KUVIN: Two. 12 MR. PIKE: Exhibit 2. 13 BY MR. KUVIN: 14 Q. Just so we can clarify for the record, 15 Detective, as a detective for the department, do you 16 regularly rely upon reports that are taken down by 17 other detectives in the department? 18 A. Yes. 19 Q. Do you regularly trust other officers to 20 take down certain reports with respect to an 21 investigation? 22 • A. Correct. 23 Q. And is that part of the regular practice 24 of an investigating detective, in other words to 25 refer to reports that are taken down by other Page 39 1 MR. PUCE: Form. 2 THE WITNESS: No. 3 BY MR. KUVIN: 4 Q. If we go onto Page 15 of the incident 5 report, does she describe fairly — well, you 6 explain to me what detail she described with respect 7 to the interior of the home. Was it detailed? Was 8 it vague? How would you describe it? 9 MR. PIKE: Form and speculative. 10 THE WITNESS: When we executed the search 11 warrant, items that she had mentioned, the 12 photos lining up the stairwell were there, the 13' pink and green sofa was there, and there were 14 several photographs of naked women that was 15 there as well. 16 • BY MR. KUVIN: 17 Q. So, essentially everything she described 18 in her initial report to Detective Pagan was 19 verified when you did the search warrant videotape? 20 A. Correct. 21 MR. PUCE: Form. 22 BY MR. KUVIlt 23 Q.. All right. Dididescribe whether or 24 not she was able to see . Epstein's penis? 25 MR. PIKE: Rent 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 Page 41 officers during the, during an investigation? A. Yes. Q. Okay. Just so we're clear, she referenced his wee-wee. Was she referring to his penis? MR. PIKE: Form. THE WITNESS: Yes. BY MR. KUVIN: Q. Okay. Was there any legal or lawful reason that you could uncover during your investigation why'. may know the size, shape, or description of Mr. ein's penis being a 14-year-old girl? MR. PIKE: Form. THE WITNESS: No. BY MR. KUVIN: Q. All right. And did lescribe to Detective Pagan whether or not she received money for this event? A. Yes, she did. MR. PIKE: Form. BY MR. KUVIN: Q. During an investigation like this when interviewing a 14-year-old, 15-year-old, any let's say girl that's under the age of 18, a minor, as ofr ur investirtion, do you have to make a 11 (Pages 38 to 4 1) PROSE COURT REPORTING AGENCY, INC. EFTA00298270 Page 42 1 determination as to whether you believe a witness is 2 telling the truth or not? 3 MR. PIKE: Form. 4 THE WITNESS: Obviously when you're 5 conducting an interview, you blow, based on the 6 information gathered, you would want to verify 7 any information that she provides. So, yes, you would. 9 BY MR. KUVIN: 10 Q. Okay. Is what you are telling me that 11 when you have a witness talk to you about an event, 12 you always try to verify what they have said? 13 A. Correct. 14 Q. Okay. Is it also part of your job as a 15 detective in your training to interview a witness 16 and make an internal decision whether you think they 17 are being truthful or not nuthful based upon how 18 they tell the story, the detail in which they tell 19 it, and their reaction and other factors involved? 20 A. Obviously when she's providing, when anyone is 21 providing information and all the information gathered 22 has to be verified -- 23 Q. Okay. 24 A. -• you know, in any interview regarding any 25 case. 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 Page 44 THE WITNESS: I cannot recall at this time whose number that was assigned to. BY MR. KUVIN: Q. Okay. There was apparently a purple item pulled from the trash pull. Do you see that? A. Yes. Q. • All right. I am hying to fmd, just so that I can tie it into the trash pull itself, if we look at Pages 1 through 19, where is it that the trash pull occurs? Does she note it here? MR. PIKE: Form. MR. KUVIN: Just so that I can have a timeline. MR. PIKE: Same objection. BY MR. KUVIN: Q. I may have it in the other document, actually. Let me ask it this way: Can you tell by looking at that investigative report when that trash pull occurred, initially, the first one? MR. PUCE: Form. THE WITNESS: No, I am looking for — it might have been after based -- ifs how the • reports are inputted. MR. KUVIN: Here it is. Hang on one second. Let's do this; this may help. As part Page 43 Q. All right. Before you were involved, did 2 the department or did Officer Pagan do a trash pull 3 of the home? 4 MR. PIKE: Form. 5 THE WITNESS: I believe so, yes. 6 BY MR. KUVIN: 7 Q. And this first trash pull occurred before 8 you got involved in the investigation? 9 A. Correct. 10 Q. All right. Let's look at Page 19. I want 11 to clarify just a couple of things that we have gone 12 over in some other depositions. 13 MR. PIKE: Form, move to strike. 14 BY MR. KUVIN: 15 Q. First of all, there was a subpoena request 16 for a T-Mobile wireless phone number. Do you see 17 that? 18 A. Correct 19 Q. All right. That number that's there in 20 the incident report, did you determine what number 21 that referenced? In other words what person that 22 number referencecia.was it Ms. 23 Mr. Epstein, Ms. =, Ms. 24 MR. PIKE: Form. 25 MR. KUVIN: -- or someone else? Page 45 1 of a subpoena to the Palm Beach Police 2 Department, we received a copy of e-mails that 3 existed with respect to this case and 4 Mr. Epstein. 5 What I would like to mark is what 6 we'll call Exhibit 3 I think we're up to . 7 now. I knew I saw it. I was trying to 8 ' figure out where. Hang on a second. 9 BY MR. KUVIN: 10 Q. This is a e-mail from Nickie Altornaro. 11 Who was that? 12 A. She was the detective bureau secretary. 13 . MR. KUVIN: Okay. And it's indicated it 14 looks like October 17, 2005. Let me just show 15 it quickly to opposing counsel. It was in the 16 recent production by Palm Beach. 17 . (Plaintiffs Exhibit No. 3 was marked for 18 identification.) 19 BY MR. KUVIN: 20 Q. Do you mind if I look over your shoulder 21 while he looks at it. And I want to give you what 22 we have marked as Exhibit 3. This might help a 23 little bit. Can you describe for us generally what 24 this is? 25 A. This, it appears to be Officer Pagan's 12 (Pages 42 to 4 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298271 Page 46 1 incident report which was inputted by Nickie Altomaro. 2 Q. Okay. Can you describe for us the process 3 by which the information is generally taken down at 4 the department back in 2005, and how it makes it 5 into the incident report? 6 A. Nickie Altomaro was the detective bureau 7 secretary. As we update the incident report, you type 8 up your report. And at this time we were using a DOS 9 system. 10 Q. Okay. DOS as opposed to Windows based? 11 A. Yes. 12 Q. Gotcha. 13 A. And we would type up the report, forward it to 14 her either in Word Document or WordPerfect. She would 15 convert the document into a DOS format and input it into 16 the system. 17 Q. All right. If we turn to -- it looks like 18 these are in, somewhat in date order. If we turn to 19 3/21/05 which is on the eighth page. Did you get to 20 the date of 3/21/05? 21 A. Yes. 22 Q. Okay. Was surveillance instituted on 23 Mr. Epstein's home at this time? 24 A. Correa. 25 Q. All right. So we're talking March 21st, Page 48 1 Q. The well being the back of the trash 2 truck? 3 A. Correa 4 Q. Before it goes into the main bin? 5. A. Correct. 6 Q. Crotcha. Okay. 7 A. Once that area is, we're confirmed that it is 8 empty, they go onto the property, remove the trash and 9 place it into the well. We then follow it to an 10 unspecified location where we actually remove the 11 contents from the well. 12 Q. All right. Let's walk through now, 13 continue turning to the date of 4/1/05 through 14 4/3/05. You should be an additional three pages 15 down. 16 A. 4/1. 17 Q. Yes, sir. All right. If we look at 4/1 18 through 4/3/05, what was occurring on those dates? 19 MR. PIKE: Form. 20 THE WITNESS: She met with Detective 21 Mattel of the police department. 22 BY MR. KUVIN: 23 Q. Was there any additional surveillance 24 conducted? 25 A. Yes. 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 2005, surveillance began at his home on El Brillo Way; is that correct? MR. PIKE: Form. THE WITNESS: Correct. BY MR. KUVIN: Q And on that exact date of 3/21/05 what else took place? MR. PIKE: Form. THE WITNESS: Officer Pagan requested and Detective Lee initiated trash pulls from 358 El Brillo. BY MR. KUVIN: Q. Can you describe to us what a trash pull is? What do you do? A. Well, you inform the supervisor of sanitation that you're interested in pulling your target's trash, you fund the location, who in turn informs the driver that you're going to be pulling the trash. Q. The driver of the trash truck? A. The driver the trash truck. Q. Ootcha. A. Once that's done, we coordinate with the trash buck driver to ensure that the well is empty prior to him going to your target location. He goes -- we follow him to the target location. 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 Q. Okay. And what were the dates of the surveillance? A. It appears she met with members of the B.S.F. Unit, Burglary Strike Force is what it was, for the purpose of conducting surveillance at 358 El Brillo. Q. Okay. Now, this surveillance, was this kept by the department? A. Correct Q. Still held by the department? A. Not 100 percent certain on that. It might have gone over to the FBI. Q. Okay. We'll talk about that when we get to that point. But nonetheless before the FBI came in, all of this was kept by the department? A. Correct. Q. By your department Okay. All right If we look at the bottom of the page, what's the date that the trash pull was actually done? MR. PIKE: Form. THE WITNESS: On the bottom of the page? BY MR. KUVIN: Q. Yeah, the one we were talking about. A. I'm still looking at Exhibit 3. Q. Yep. A. So, it would be -- .0.6•APODA, 13 (Pages 46 to 49) PROSE COURT REPORTING AGENCY, INC. EFTA00298272 Page 50 Q. Top of the page it starts "at times appear." A. Correct. Q. All the way at the bottom of the page, last line. A. On April 5111,2005, the trash pull was 7 conducted by Detective Lee. 3 Q. All right. And what did Detective Lee 9 fmd? 10 MR. PIKE: Form. 11 THE WITNESS: It was a message from 12 indicating, and redacted, at 11:00 a.m. or 11. 13 MR. KUVIN: Okay. 14 THE WITNESS: The following information 15 was obtained from the trash from 358 El Brillo. 16 BY MR. KUVIN: 17 Q. What additional messages w 18 A. One from Jean Luc, David, There 19 was some redacted redacted, Brit Ri n 20 is redacted, redacted, 21 a message fora receipt dated 4/4 at 1:05, 22 ith a phone number, and she's looking to 23 spe to you. 24 Q. Okay. Let's talk about this fora minute. 25 The redacting, do you know why those are redacted at 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 Page 52 of it. But if we go back to Page 19, keep both of those documents available in case we need to refer to them. But if we go back to Page 19 of the incident report, do you see towards the bottom of the page it references a purple item retrieved from the trash pull? A. Yes. Q. Okay. This particular purple item, did Officer Pagan attempt to identify what it was? MR. PIKE: Form. THE WITNESS: Yes, she did. BY MR. KUVIN: Q. And at the point she attempted to identify it, what did she identify it as at this point back in April of '05? MR. PIKE: Form. THE WITNESS: She believed it was an anal wand of some sort. BY MR. KUVIN: Q. And how did that identification take place? A. I believe she researched it on the Internet. MR. PIKE: Form. 1 1 Page 51 1 this point? 2 MR. PIKE: Form. 3 THE WITNESS: Yes, I do. 4 BY MR. KUVIN: 5 Q. Why? 6 A. It indicates either the names or the initials 7 of the victims. 8 Q. The victims, what age were the victims? 9 MR. PIKE: Form. 10 THE WITNESS: As young as 14 to 16. 11 BY MR. KUVIN: 12 Q. Okay. So if we see a redacted portion 13 here, can we safely assume that that references one 14 of the victims? 15 MR. PIKE: Form. 16 THE WITNESS: Correct. 17 BY MR. KUVIN: 18 Q. Is there any other redactions that would 19 take place other than the names of the potential 20 victims? 21 MR. PIKE: Form. 22 THE WITNESS: Not that I am aware of 23 BY MR. KUVIN: 24 Q. All right There was a reference that I 25 had started with. I 'ust wanted to see the timi Page 1 BY MR. KUVIN: 2 Q. This particular jelly anal wand, this 3 purple item, was it later identified as something 4 different? S A. Yes, it was. 6 Q. Okay. Can you describe that for us? 7 MR. PUCE: Form. 8 THE WITNESS: It was during the execution 9 of the search warrant. During the search we 10 found that it, it was a handle of a, of a 1. 4 15 6 office. 17 that I have to leave later. She works with our MR. GARCIA: There is a summary judgment MR. PIKE: For the record she works with 1 utensil used to eat. 2 (Ms. Finnigan entered the room.) 3 MR. KUVIN: We added a person. 18 SW, with Sid Garcia's office. 19 MR. GARCIA: She shares a space with me. 20 That's close enough. 21 MR. KUVIN: Let's continue with the 22 incident report. 23 MR. PIKE: Actually, no, let's not 24 Is she listed as counsel? 25 MR. GARCIA: No. She a at 14 (Pages 50 to 53) PROSE COURT REPORTING AGENCY, INC. EFTA00298273 Page 54 Page 56 1 Mr. Epstein's deposition before. 2 MR. KUVIN: Has she filed a notice of 3 appearance? 4 MR. GARCIA: No. 5 MR. KUVIN: I am going to ask her to, ask 6 to excuse her. She has not filed a notice of 7 appearance. There are confidential issues in 8 this case and there are various orders that are 9 binding on various lawyers in this case. 10 Sid, this is one of the very few 11 depositions that you have actually been in 12 attendance at, and if she has not filed a 13 notice of appearance, if she has not 14 signed any pleadings in this case, I am 15 going to ask that she leave otherwise the 16 deposition is not going to go forward. 17 MR. GARCIA: On what authority? 18 MR. PIKE: She is not counsel. She has no 19 right to be here. 20 MR. GARCIA: She's assisting me with this 21 case. She appeared at your own client's 22 deposition which you did not attend. 23 MR. PIKE: That's all well and good but 24 the fact is is that she does not have a notice 25 of appearance here in this. 1 MR. PIKE: Form. 2 THE WITNESS: Yes. Captain David Rodgers, 3 Co-captain Larry Visosld, flight engineer, 4 Larry Morrison. 5 BY MR. KUVIN: 6 Q. Okay. In this trash pull were there also 7 messages left by some of the potential victims in 8 this case? 9 A. Correct. 10 Q. All those victims being under the age of 11 18? 12 MR. PIKE: Form, and form to the last one. 13 THE WITNESS: Correct 14 BY MR. KUVIN: 15 Q. And that's why they are blacked out? 16 MR. PIKE: Form. 17 THE WITNESS: Correct. 18 BY MR. KUVIN: 19 Q. All right. Let's turn to the next page of 20 the investigation. Actually, you know what, let's 21 go to the part where you start here which would be 22 Page 22. 23 MR. PIKE: Thank you. 24 MR. KUVIN: For what? MR. PIKE: Identifying the page. Page 5T, 1 MR. GARCIA: She will file one today. 2 MR. PIKE: We're not going to go forward. 3 MR. KUVIN: I am not stopping. 4 MR. PIKE: The fact is these are 5 confidential communications. 6 MR. GARCIA: Why don't you file a notice 7 of appearance and come back. 8 MS. FINNIGAN: Okay. 9 MR. GARCIA: That will resolve it. 10 (Ms. Finnigan left the deposition 11 room.) 12 BY MR. KUVIN: 13 Q. All right Let's continue on. 14 Going to Page 20 of the incident 15 report, at some point did you gain information with 16 respect to Jet Aviation, and if so could you 17 describe what information was obtained by Officer 18 Pagan regarding Jet Aviation? 19 MR. PIKE: Form. 20 THE WITNESS: I believe it was a trash 21 pull where an itinerary was found within the 22 trash pull. 23 BY MR KUVIN: 24 Q. Were there additional names found within 25 the itine of ilots? Page 57 1 MR. KUVIN: I thought I did something you like and I want to take it back. 3 MR. PIKE: No. 4 BY MR- KUVIN: 5 Q. All right. What is the Burglary Strike 6 Force? 7 A. It is now a disbanded unit. However, it was a 8 unit of plain clothed officers. At that time we were 9 being struck with burglaries. 10 Q. Okay. 11 A. It was a unit created just to combat and 12 locate people that were on properties, stuff like that. 13 Q. Okay. Were you part of that strike force? 14 A. No. 15 Q. Okay. What occurred with the Burglary 16 Strike Force once you got involved with the case? 17 MR. PIKE: Fonn. Actually I will withdraw 18 it. That question is fine. 19 THE WITNESS: The Burglary Strike Force 20 had been conducting surveillance at the home of 21 Mr. Epstein at 358 El Brill°. 22 BY MR. KUVIN: 23 Q. Okay. Which officer was assigned to 24 monitor Mr. Epstein's home? 25 A. Officer Mun an. 15 (Pages 54 to 57) PROSE COURT REPORTING AGENCY, INC. EFTA00298274 Page 58 Page 60 1 2 .3 4 5 6 7 8 10 11 12 13 14 15 16 17 18. 19 20 21 22 23 24 25 Q. Any others? A. Sergeant Sorge and Officer Minot. Q. Are they still with the department? A Officer Munyan is no longer with the department. Sergeant Sorge has since retired. And Officer Minot is still with the police department. Q. All right And what did the surveillance find on that particular date? MR. PIKE: Form. THE WITNESS: I had asked them to input that into their report so there should be supplements by them as to what was, what they observed. BY MR. KUVIN: Q. Well, if you look at the summary in the incident report, what is reported there? MR. PIKE: Form. THE WITNESS: They filled out an attached, a surveillance log which was a placed in the attachment file. MR. KUVIN: Okay. THE WITNESS: Mr. Epstein had left for the airport on his jet which was over at, I believe, Jet Aviation. 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 trash pull; is that correct? A. Correct. Q. Can you explain to us what that note was? MR. PIKE: Form. BY MR. KUVIN: Q. Just so I'm clear, you saw the note yourself, correct? A Yes. Q. Clay. Can you explain what it was? A. This notes contained names of different girls with different times. MR. PIKE: Form, move to strike. BY MR. KUVIN: Q. If we go with the word "additionally," halfway down the paragraph, do you see that where I am starting? A. Yes. Q. It says "Additionally there was a — A. "There was a note" and a redaction. Q. Do you know who that redaction name is referring to? As you sit here today can you recall? A. I can't recall. Q. All right. What did the note say? A. "For a good time call," redaction, "and Page 59 1 BY MR. KUVIN: 2 Q. Okay. Was it determined during your part 3 of the investigation that the jet was, in fact, 4 Mr. Epstein's jet? 5 MR. PIKE: Form. 6 THE WITNESS: Correct. 7 BY MR. ICUV1N: 8 Q. All right. Lets get to your next report 9 which looks like Narrative 5 on Page 24. We come 10 down the first paragraph. It looks like this is 11 documenting an additional trash pull that took 12 place? 13 MR. PIKE Form. 14 THE WITNESS: Correct. 15 BY MR. KUVIN: 16 Q. Were you a part of the trash pull on 17 September 21 of 2005? 18 A. No, I was not. 19 Q. Who was? 20 A. Sergeant Szarszewski. 21 Q. All right. Did you review the evidence 22 that came out of this trash pull? 23 A. Correct. 24. Q. All right. Halfway down the paragyaph, 25 . there was a note that was apgarently pulled on this Page 61 1 Q. Okay. Why would that name be redacted - 2 MR. PIKE: Form. 3 MR. KUVIN: — if you know? 4 THE WITNESS: It would have been the name 5 of a minor, victim. 6 BY MR. KUVIN: Q. Okay. If we go onto the next sentence, it 8' says: "Also there was another telephone number on 9. note"; is that correct? 10 MR- PIKE: Form. 11 THE WITNESS: Yes. 12 BY MR. KUVIN: 13 Q. . And then there is a redaction, correct? 14 A. Yes. 15 Q. Is that the redacted phone number of a 16 minor? Is that why it's redacted? 17 . MR. PIKE: Form. 18 THE WITNESS: Yes. 19 BY MR. KUVIN: 20 Q. Then it says: "Also found was a written 21 note which stated," redaction, "cannot come at 22 7:00 p.m. tomorrow because of soccer"? 23 A. Correct. 24 Q. You saw that note? 25 A. Yes. 16 (Pages 58 to 6 1) PROSE COURT REPORTING AGENCY, INC: EFTA00298275 Page 62 1 Q. And as you sit here today do you know or 2 do you recall who that person may have been, which 3 minor? 4 MR. PIKE: Form. 5 THE WITNESS: I believe it was Jane Doe 6 No. 4, Jane Doe No. 4. 7 BY MR. KUVIN: 8 Q. Okay. Was she in high school at the time? 9 A. Yes. 10 MR. ME: Form 11 BY MR. KUVIN: 12 Q. Playing soccer? 13 MR. PIKE: Form. 14 THE WITNESS: Yes. 15 BY MR. KUVIN: 16 Q. Let's go the next thing that I wanted to 17 ask you about and clarify. GO to Page 16, if you 18 would. 19 A. Actually if I can clarify my answer -- 20 Q. Sure. 21 A. -- on that one. She might have graduated from 22 high school already -- 23 Q. Okay. 24 A. -- and started attending her university. 25 Q. Gotcha. Page 64 1 stimulation. Do you see that? 2 A. Correct 3 Q. I am trying to find out: This was a 4 broken piece of hard plastic. Was this what you 5 ultimately determined was the utensil or was this 6 something different? 7 A. Yes, that was the utensil. They were 8 different colors. They were purple, white. I believe 9 they were blue. 10 Q. Okay. 11 A. But they all were shaped very similar. It was 12 about that long. I wotdd say four to five inches long. 13 Q. Okay. 14 A. And it had groves and had bumps along the way 15 with a rounded end and came beck around. 16 Q. Gotcha. 17 MR. PIKE: Form, move to strike. 18 BY MR. KUVIN: 19 Q. All right Let's go to the date of 20 10/7105 which is the next page, 27. This is 21 reported by you; is that correct? 22 A. Correct 23 Q. Can you describe for us what you did on 24 this particular date? 25 A. Ins contacted by Sergeant Frick. Page 63 MR. PIKE: Form. For purposes of the 2 record, you're pointing to Page 24 of Exhibit 3 2, correct? 4 THE WITNESS: Correct. 5 BY MEL KUVIN: 6 Q. And we're talking about Jane Doe No. 4? 7 A. Yes. Q. Okay. Regardless was she still under the 9 age of 18; is that why the name was redacted? 10 MR. PIKE: Form. 11 MR. KUVIN: If you know. 12 THE WITNESS: I can't recall but -- 13 BY MR. KUVIN: 14 Q. Okay. Let's go to Page 26 fora moment 15 It looks like there was an additional trash pull 16 that was done on October 3rd, 2005; is that correct? 17 A. Yes. 18 Q. All right And in this particular trash 19 pull, the next paragraph says: "Inside one of the 20 white and color bags, I located a broken piece of 21 hard plastic or clear acrylic stick which was shaped 22 with small ridges." Do you see that? 23 A. Correct. 24 Q. This device is commonly used as a sexual 25 toy which is inserted into the vagina or anus for Page 65 1 Mr. Epstein had been observed riding his bicycle along 2 South County Road which meant he was back in town. We 3 set up to interview 4 Q. Okay. 5 A. We went out to her house, knocked on the door. 6 She agreed to accompany us back to the police department for Rather questioning. 8 Q. All right. 9 MR. PIKE: Move to strike. 10 BY MR. KUVIN: 11 . 1. go onto Page 28. Did you bring 12 h4s back to the department? 13 A. That's correct- 14 Q. Ms. at this time is how old? 15 A. I believe she was IS. 16 MR. PIKE: Form. 17 BY MR. KUVIN: 18 Q. Okay. And when you bring her back to the 19 department, do you interview her? 20 A. Yes,1 did. 21 Q. And what exactly does she explain to you 22 during this— well, let me ask you this: At this 23 point is she a suspect in a crime? 24 A. At this point she was a witness. 25 Q. Okay. 17 (Pages 62 to 65) PROSE COURT REPORTING AGENCY, INC. EFTA00298276 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 Page 66 A. As she was the one that brought the initial victim to the house. Q. Initial victim being. A. Correct. MR. PIKE: Form, move to strike. BY MR. KUVIN: Q. So, at this point she's a witness to bringing that initial victim,■ to Mr. Epstein's home; is that correct? MR. PIKE: Form. THE WITNESS: Correct. BY MR. KUVIN: Q. So as such any need to read her her Miranda Rights at this point? MR. PIKE: Form. THE WITNESS: No. BY MR. KUVIN: Q. And during the witness interview that you did with her, what did she describe to you occurred? MR. PIKE: Form. THE WITNESS: During a sworn taped statement she explained how she met Mr. Epstein; the time that she went to his house, she provided a massage for Mr. Epstein. 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 Page 68 MR PUCE: Form, move to strike. And for the record, Detective Recarey, you are still reading from Exhibit 2, correct? THE WITNESS: Some recollection, some off the report. MR. PIKE: The document is in front of you? THE WITNESS: Yes, sir. MR. PIKE: And that's what is refreshing your recollection? MR KUVIN: Hey, l appreciate your objection. Objection to the form works and then I will continue with my deposition and you can cross him later. MR. PIKE: That's not a, that's not a form objection. That's to make sure that the record is clear as we go along that Detective Recarey is reading from Exhibit 2 which you previously marked and I am going to continue to do it. lam not going to interrupt your deposition, but I am going continue to do it to insure that the record is clear that he is reading from the document that is in front of him. You can proceed. I Page 67 1 BY MR. KUVIN: 2 Q. Now, at the time she told you she provided 3 a massage, how old was she? 4 MR. PIKE: Form. 5 THE WITNESS: I believe she stated she was 6 17. 7 BY MR. KUVIN: 8 Q. Okay. Let's go down if you would, third 9 paragraph about the sixth line, seventh line from 10 the bottom. It starts with the words "he 11 explained.' Do you see that? 12 A. Yes. 13 Q. During the interview did recount 14 any statements regarding Epstein and obtaining other 15 girls? 16 A. Yes. 17 MR. PIKE: Form. 18 BY MR. KUVIN: 19 Q. What was explained? 20 A. She stated that Mr. Epstein explained that he 21 knew she was not comfortable with providing the massage 22 but he would pay her to bring some girls, told her the 23 younger the better. explained that she brought a 24 23•year-old to perform a massage, and she was told that 25 she was too old. Page 69 1 BY MR. KUVIN: 2 Q. Detective Recarey, as you sit here today 3 do you have an independent recollection of that 4 initial interview with 5 A. Yes, sir. 6 Q. Do you recall whether she discussed 7 conversations with Mr. Epstein about bringing girls 8 to the home? 9 A. Yes. 10 Q. She discussed that with you? 11 A. Yes, she did. 12 MR. PIKE: Form. 13 BY MR. KUVIN: 14 Q. All right. Are we talking now independent 15 from the incident report that we were referring to 16 before? 17 A. Yes. 18 Q. And that independent recollection by 19 looking at the incident report, does that help 20 refresh your recollection? 21 A. Yes, it does. 22 Q. All right. But that's not your entire 23 recollection of the incident, is it? 24 A. No. 25 MR. PIKE: Fonn. earrexuatiseraa..... 18 (Pages 66 to 69) PROSE COURT REPORTING AGENCY, INC. EFTA00298277 Page 70 1 BY MR. KUVIN: 2 Q. You are not just reading a report into the 3 record, are you? 4 A. No, sir. 5 Q. Okay. You were there, right? 6 A. Correct. 7 Q. Sitting in the room with Ms. Mwhile 8 she was talking to you? 9 A. Yes, I was. 10 Q. Okay. What did Mr. tell you, if 11 anything, about bringing young women to 12 Mr. Epstein's home? 13 MR. PIKE: Form. 14 THE WITNESS: She brought a 22, 15 23-year-old to the house to perform a massage 16 end was told that the girl was too old, was 17 told to bring girls; the younger the better. 18 BY MR. KUVIN: 19 Q. Was there any age cutoff as far as how 20 young; Inman 10, 11, 12, was that described? 21 MR. PIKE: Form, move to strike. 22 THE WITNESS: She did not advise. 23 BY MR. KUVIN: 24 Q. Just the younger better? 25 A. Younger the better. Page 72 1 explained it that she had brought additional women, and 2 she explained that she had received monies for bringing 3 these girls to the house, basically, yes, that she had 4 incriminated herself. 5 Q. With respect to potential crimes? 6 A. Correct 7 Q. At that point did you read her her rights, 8 her Miranda Rights? 9 A. At that point when we explained it to her, it 10 was Sergeant Frick who is now a captain, she expressed 11 her willingness to cooperate in hopes that in the, for a 12 lesser charge. 13 Q. Okay. So, she agreed voluntarily to 14 cooperate with the investigation? 15 A. Comm. 16 Q. And did she cooperate with the 17 investigation? 18 MR. PIKE: Form. 19 THE WITNESS: When she got home and spoke 20 with her family in regards to the interview, it 21 was her family's determination and hers not to 22 assist. 23 BY MR. KUVIN: 24 Q. Do you 'mow why? 25 MR. PIKE: Form. Page 71 MR. PIKE: Form. 2 BY MR. KUVIN: 3 Q. And that was told to her by whom? 4 MR. PIKE: Form. 5 THE WITNESS: Mr. Epstein. 6 BY Iva KUVIN: 7 Q. And not a third party, but directly from 8 Mr. Epstein? 9 MR. PIKE: Form. 10 THE WITNESS: Correct 11 BY MR. KUVIN: 12 Q. Did you ask her which one was youngest? 13 MR. PIKE: Form. 14 THE WITNESS: I did ask her which one was 15 theyotma.- t. She claimed that the initial 16 victim, would have been the youngest. 17 BY MR. KUVIN: 18 Q. She was how old? 19 MR. PIKE: Fain. 20 THE WITNESS: Fourteen. 21 BY MR. KUVIN: 22 At some point during your interview with 23 Ms. ME did you determine that she might actually 24 be charged with a crime? 25 A. At the conclusion of the interview as she Page 73 1 MR. KUVIN: If you know? 2 MR. PIKE: Form. 3 THE WITNESS: I lave no idea why. 4 BY MR. KUVIN: 5 Q. Just so I understand, initially she agreed 6 to cooperate. She then goes home, talks to family, 7 and then comes back and says she's not going to 8 cooperate; is that the sequence of events? 9 MR. PIKE: Form. 10 THE WITNESS: Correct. 11 BY MIL KUVIN: • 12 Q. While you're taking her back home, is a 13 tape recorder surveillance placed into the police 14 vehicle? 15 A. Correct. 16 Q. And were you one of the ones that took her 17 home? 18 A. Yes. 19 Q. All right. What did she say during that 20 drive home — 21 MR. PIKE: Form. 22 BY MR. KUVIN: 23 Q. — as best you can recall? 24 MR. PIKE: Same objection. 25 THE. WITNFSS: She stated that she was like ,51 19 (Pages 70 to 73) PROSE COURT REPORTING AGENCY, INC. EFTA00298278 Page 74 1 a Heidi Fleiss. At that point it was the madam 2 over in, I guess, in California 3 MR. KUVIN: Okay. 4 THE WITNESS: that provided girls to 5 potential clients. 6 BY MR. KUVIN: 7 Q. And the potential client in this case 8 would have been? 9 A. Mr. Epstein. 10 Q. Okay. 11 MR. PIKE: Form and move to strike. 12 BY MR. KUVIN: 13 Q. All right. When was the first time that 14 you spoke with any other potential victims? 15 MR. PIKE: Form. 16 BY MR. KUVIN: 17 Q. So, now just so I can understand the 18 timeline, up to this int we have been discussing 19 you knew a potential victim. You 20 talked to What is the next potential 21 victim you learn about? 22 MR. PIKE: Form. 23 WITNESS: During the interview with 24 li Eshe explained, she gave us additional 25 names of people that she brought to the house. 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 Page 76 THE WITNESS: Correct BY MR KUVIN: Q. So, as best as you can recall, were there four people that she identified? MR. PIKE: Form. THE WITNESS: Yes. BY MR. KUVIN: Q. And why would you reference the date of birth? What is the importance of that? A. Indicate their age. Q. Okay. And why would it be blacked out if you know? MR. PIKE: Form. THE WITNESS: At that point they were minors. BY MR. KUVIN: Q. Okay. If we turn to Page 31 of the incident report for a moment. This is the first reference I could see to a rental car company. So let me ask you this: At some point did you learn any information regarding the use of rental cars and transporting girls or women to Mr. Epstein's home? MR. PIKE: Form. THE WITNESS: Yes. Page 75 MR. KUVIN: Okay. 2 THE WITNESS: We identified some with her 3 assistance of where they reside. MR. KUVIN: Okay. THE S: That night after we dropped 6 off Ms. air her home, we began to attempt to contact some of these girls that have been to his house. 9 BY MR. KUVIN: 10 Q. All right. And just so we're clear, if 11 you turn back to Page 29 of your incident report in 12 the center of the page, once we get an unredacted 13 copy we will know, but for reference sake, do you 14 see in the second paragra wn where it says: 15 "With the assistance of we were able to 16 identify.* Do you see that, and there is a whole 17 bunch of black? 18 A. Yes. 19 Q. Okay. It appears, and correct me if I am 20 wrong, that there is one name with a date of birth, 21 both blacked out; a second name with a date of birth 22 blacked out; a third name with a date of birth 23 blacked out; and a fourth name with the date of 24 birth blacked out? 25 MR. PIKE: Form, Page 77 1 BY MR. KUVIN: 2 Q. Tell us about that. 3 A. Dining the investigation it was determined 4 that one of the girls had a rental car. 5 Q. Do you remember which one? 6 A. From Dollar, Dollar Rent-A-Car. 7 Q. Okay. Do you remember which girl? 8 A. I believe it was lane Doe No. 4. 9 Q. Okay. And did you determine how she 10 obtained the rental vehicle? 13. MR. PIKE: Form. 12 THE WITNESS: Records were subpoenaed to 13 Dollar to determine from the rental coritract, 14 and the rental car was being paid for by 15 Mr. Epstein. 16 BY MR. KUVIN: 17 Q. Okay. And at the time was lane Doe No. 4 18 a minor? 19 NIB. PIKE: Form. 20 THE WITNESS: I believe at this time she 21 had started in the university, so I am not 22 100 percent certain as to her age at that 23 particular moment. 24 BY MR. KUVIN: 2 5 Q. All right. Let's down to the bottom of Kg. 20 (Pages 74 to 77) PROSE COURT REPORTING AGENCY, INC. EFTA00298279 Page 78 1 Page 31. At some point there is an additional trash 2 pull done, and a U.S. Airways boarding pass is 3 obtained. Do you see that? 4 A. Yes. 5 Q. There is a name there Janusz Barrasiak? 6 A. Janusz, yes. 7 Q. Did you determine who that individual was 8 at any point during the investigation? 9 A. He was Mr. Epstein's houseman at the time. 10 Q. Okay. And there is another person that's 11 listed there. Who else was listed on a note paper? 12 A. Oh, Ohislaine Maxwell. 13 Q. Did you determine who she was? 14 MR. PIKE: Form. 15 THE WITNESS: She's Mr. Epstein's friend. 16 MR. PIKE: Form, move to strike. 17 BY MR. KUVIN: 18 Q. How did you determine that? 19 MR. PIKE: Form. 20 THE WITNESS: Through the media, online, 21 online resources. 22 BY MR. KUVIN: 23 Q. All right. Let's go down now to Page 32, 24 just so I can clarify this as well and find out what 25 this was. It says: "While sifting through Epstein's • 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 Page 80 A. It's when it gets inputted. Q. I hear you. If we go to next page, there is a preference to a ii. eWho is that? MR. PIKE: Form. THE WITNESS: Not 100 percent certain. BY MR. KUVIN: Q. There is a reference to an MSN Hotmail le record, @hormail.com. Do you see that? A. Yes. Q. Did you determine whose e-mail address that was during the investi 'on? A. That was Q. And who was she? MR. PIKE: Form BY MR. KUVIN: Q. if you know. MR. PIKE: Same objection. THE WITNESS: I believe she was an employee. MR. PIKE: Move to strike. BY MR. KUVIN: Q. Was she a minor at the time, do you Imow? Page 79 1 trash, I also collected a three-inch purple finger 2 size object which had a broken end. The object 3 appeared to be a broken piece from a sexual toy 4 similar to a Cyclone vibrator possibly used for 5 rectum gratification." The evidence was placed in 6 bio-hazard bag with possible body fluids. 7 MR. PIKE:. Form. ' 8 BY MR. KUVIN: 9, Q. At any time did you determine what that 10 particular piece of evidence was, whether, in fact, 11 • it was a sexual toy? 12 A. I believe that that was the initial discovery 13 of the purple handle. That was the initial discovery of 14 it as this was, this is not chronological. 15 Q. This is going back, it looks if we go back 16 up to the paragraph on April I of 2005? 17 THE WITNESS: Correct. 18 . MR. KUVIN: Gotcha 19 MR. PIKE: Form. 20 ' BY MR. KUVIN: 21 Q. This is what we were referring to before 22 in the beginning? 23 A. Yes. 24 ' Q. Gotcha. it would help if you guys did 25 this in chronological order. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 MR. PIKE: Form. THE WITNESS: I don't believe so. BY MR. KUVIN: Q. Do you know how old she was? MR. PIKE: Form. BY MR. KUVIN: Q. Did you ever determine how old she was? MR. PIKE: Same objection. THE WITNESS: She was identified but I can't recall her age. BY MR. KUVIN: Q. All right. if we go to the next page, Page 34 references a phone contact you had on October 4 of 2005. Do you see that? A. Yes. Q. Do you recall who that was that called you back? A. I could see her face. I am just trying to think of her e. Q. %sit A. No. It was not.. It was. III • MR. PIKE: Pm sorry. What page and reference are we reading from? MR. KU VIN: Page 34, first paragraph. 21 (Pages 78 to 81) PROSE COURT REPORTING AGENCY, INC. EFTA00298280 Page 82 1 BY MR. KUVIN: 2 . Q. Arawas under the age of 18 at the 3 time? 4 MR. PIKE: Fonn. 5 THE WITNESS: Correct. 6 BY MR. KUVIN: 7 Q. Do you know how old she was back on 8 October 4 of 2005? 9 MR. PIKE: Form. 10 THE WITNESS: Ilatow she was still in high 11 school. I can't recall exactly her age. 12 BY MR. KUVIN: 13 Q. Okay. Did she describe to you whether or 14 not she was taken to Mr. Epstein's home? 15 MR. PIKE: Form. 16 THE WITNESS: Yes. 17 BY MR. KUVIN: 18 Q. What did she describe occurred when she 19 went to his home? • 20 MR. PIKE: Form. 21 BY MR. KUVIN: 22 Q. And just so we're clear, let me back up. 23 Was she describing this to you? 24 A. Correct. 25 Q Okay. Page 84 1 believe the following morning I received a 2 telephone call from her stating that she was 3 not being 100 percent truthful with me when I 4 first spoke with her. 5 MR KUVIN: Okay. 6 THE WITNESS: And at which point she 7 described that she had been to Mr. Epstein's 8 home. 9 BY MR. KUVIN: 10 Q. All right. When she described this to 11 you, mild you describe for us whether or not she 12 explained to you her mental state or her emotions 13 about this entire process? 14 MR. PUCE: Form. 15 THE WITNESS: From what lrecall I believe 16 she was, she was crying. She was upset. 17 MR. PIKE: Form, move to strike, 18 nonresponsive. 19 BY MR. KUVIN: 20 Q. Did she appear emotional during that 21 conversation you had with her? 22 A. Yes. 23 Q. Did she appear upset about the incident 24 that she was describing? 25 MR. PIKE: Form. Page 83 1 MR. PIKE: Form. Still hearsay. 2 BY MR. KUVIN: 3 Q. And this conversation occurred between you 4 and her, yes? 5 A. Yes. 6 MR. PIKE: Form. 1 BY MR. KUVIN: Q. During the investigation itself, correct? 9 Mft. PIKE: Font 10 THE WITNESS: Correct. 11 BY MR. KUVIN: 12 Q. Okay. At this poim this was a police 13 investigation to determine whether or not there 14 should be charges brought against Mr. Epstein? 15 A. Correct. 16 MR. PIKE: Form. 17 BY MR. KUVIN: 18. Q. Okay. All right. What did she describe? 19 MR. PUCE: Form. 20 THE WITNESS: Well, the initial 21. conversation I had with her, she had advised 22 that nothing had happened. I believe this is 23 when Captain Frick and I went to her home. 24 MR. KUVIN: Okay. 25 THE WITNESS: It wasn't until, I think, I Page 8F) 1 THE WITNESS: Yes. 2 BY MR. KUVIN: 3 Q. Describe for us the details of what she 4 told you as best you can recall. And then if you 5 cannot recall the details, then let us know and . 6 you're welcome to refresh your recollection with the 7 incident report. 8 MR. PIKE: Font 9 THE WITNESS: 1 recall she was taken to 11 remember exzWwitilliat ullbelieve 10 the home by trying W 12 she was, she was the girl who was upset. She 13 was the one that got upset when either 14 Mr. Epstein tried to touch her buttocks or her 15 breasts. I can't recall. 16 MR. PIKE: Form, move to strike, 17 nonresponsive. 18 MR. KUVIN: Okay. Why don't we do this: 19 Would it help toicficli your recollection by 20 looking at the incident report? 21 THE WITNESS: Yeah, it's been sane time. 22 MR. KUVIN: That's fine. Go ahead and 23 take a look and refresh your recollection, if 24 you would, of the interview that you did with 25 her. 22 (Pages 82 to 85) PROSE COURT REPORTING AGENCY, INC. EFTA00298281 9 10 13. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 86 1 THE WITNESS: Yes. 2 BY MR. KUVIN: 3 Q. Okay. Does the incident report help 4 refresh your recollection regarding your 5 conversation with her? 6 A. Yes. 7 Q. All right. Go ahead and if you would 8 explain what she told you in this emotional phone call that she had. MR. PIKE: Form. THE WITNESS: That she was taken to the home of Jeffrey Epstein by She went up — she was taken upstairs. BY MR. KUVIN: Q. Who was she taken upstairs by? A. M. While she was upstairs they showed her which lotions to use. Q. La's be clear. Hang on a second. I want to make sure that you take a look at Paragraph 2 there. A. By Q. Okay. So takes her up? MR. PIKE: Form THE WITNESS: Correct. 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 massage I guess he tried to remove her shirt. At this point she became upset and they had a verbal disaseement. She came back downstairs and told = that she wanted to leave. MR. PIKE: Form, move to strike. BY MR. KUVIN: Q. Did she tell you whether she ever returned to the home? MR. PIKE: Same objections. THE WITNESS: She did state that she came back to the home a second time. She was wearing very tight jeans with a, with a tight belt. She was brought upstairs and I believe Mr. Epstein tried to touch her buttocks. She again told him that she did not want to be touched and the massage was discontinued. BY MR. KUVIN: Q. Now, was she emotional and crying during the entire conversation she had with you? MR. PIKE: Form, and asked and answered. THE WITNESS: Yes, she was. BY MR. KUVIN: Q. Did you investigate to determine whether at the time of this incident that she reported to you how old she was? Page 87 1 BY MR. KUVIN: 2 Q. Just so we're clear before I have you go 3 further, this narrative that you wrote out here, was 4 it, when was it written out? 5 A. October 7th. 6 Q. Okay. Was it written out at or around the time that she came and told you this information by 3 phone? 9 MR. PIKE: Form. 10 THE WITNESS: Correct. 11 BY MR. KUVIN: 12 Q. You recorded this down within days of this 13 phone call? 14 MR. PIKE: Form. 15 THE WITNESS: Probably during the phone 16 call, transcribed it onto a Word Document, 17 forwarded it to NicIde Altomaro to input it 18 into the system and the notes were destroyed. 19 BY MR. KUVIN: 20 Q. Ail right. Let's go on. So she tells you 21 that = takes her up to the room. What happened? 22 What does she tell you happened next? 23 MR- PIKE: Form, move to strike. 24 THE WITNESS: She was shown which oil to 25 be used. Mr. Epstein came in. Dt S ......„.., he Page 89 1 MR. PIKE: Form. 2 THE WTINESS: 16 I believe. 3 BY MR. KUVIN: 4 Q. How did you verify that? 5 A. She was still in high school. She was still 6 attending Royal Palm Beach High School. 7 MR. PIKE: Form. 8 MR. KUVIN: Okay. Did you — 9 THE WITNESS: I located her date of birth. 10 BY MR. KUVIN: 11 Q. How did you find the date of birth? How 12 do you verify dates of birth if somebody tells you? 13 A. Ask the victim the date of birth and we go 14 back and confirm it through their driver's license. 15 Q. In other words you don't just take their 16 word for it. Just because they are in high school, 17 you don't assume they are underage, do you? 18 A. No. 19 Q. All right. Did her recollection of the 20 incident at Mr. Epstein's home bear any similarities 21 to the stories that you had heard told to you by 22 -QM` 23 MR. PIKE: Form. 24 THE WITNESS: Yes, they had similarities. 25 23 (Pages 86 to 89) 3 PROSE COURT REPORTING AGENCY, INC. EFTA00298282 Page 90 Page 92 BY MR. KUVIN: Q. All right. On the following Page 35 there 3 is an additional girl you speak to. It looks like you go out to a home and speak to someone in the kitchen area, do you see that, and a sworn taped o statement was taken? 7 A. Yes. 8 Q. Do you recall which girl this was? 9 MR. PIKE: Form. 10 THE WITNESS: I can see her face but I'm 11. trying to recall her name. I want to say• 12 BY MR. KUVIN: 13 Q. Uncertain though without seeing the 14 redacted, =redacted, I should say, copy? 15 A. I believe it waal She was the one that I, 16 I went to visit her at her house. She had guests, so we 17 went into the kitchen area to talk. 18 Q. Okay. This statement that you took from 19 her was recorded? 20 A. Yes. They are all taped statements. 21 Q. And she agreed to that statement to be 22 taken? 23 A. Correct. 24 Q. Okay. Do you recall how many taped 25 statements you took of girls? 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 turned over to the FBI? 2 A. Yes. 3 Q. That was pursuant to — well, why don't 4 you tell us. Why, why was all of that turned over 5 to the FBI? Why was your entire investigative file 6 given to them, if you know? 7 MR. PIKE Form. 8 THE WITNESS: They came with a grand jury subpoena requesting all evidence, all working files, all any notes, any, anything pertaining to the investigation BY MR. KUVIN: Q. And that would have included all the audio taped statements that you took? A. Correct. Q. All right. And I am sorry, I forgot the name again of this girl that you talked to in the kitchen. A. J.L. Q. IL, what did she tell you occurred? MR. PIKE: Form. THE WITNESS: That he was taken to the home of Mr. Epstein by She was brought upstairs by an employee of the house. I can't recall if she identified who that Page 91 1 MR. PIKE: Form. 2 THE WITNESS: Several. It was, it was 3 quite a bit 4 BY MR. KUVIN: 5 Q. More than five? 6 A. Yes. 7 Q. More than ten? 8 MR. PIKE: Form — 9 THE WITNESS: Yes. 10 MR. PIKE: to five and ten. 11 BY MR. KUVIN: 12 Q. Did you take more than 20? 13 MR. PIKE: Form. 14 MR. KUVIN: Just trying to get an idea of 15 how many taped statements might exist. 16 MR. PIKE: Form. 17 THE WITNESS: 1 believe more than 20. 18 BY MR. KUVIN: 19 Q. Now, is that more than 20 different girls? 20 MR. PIKE: Form. 21 THE WITNESS: Not only girls. Like 22 previous employees, people that have worked at 23 Mr. Epstein's home. 24 BY MR KUVIN: 25 Q. kll±fn jt a ......_, dstatementsultimatel were Page 93 1 person was, but she was shown which oil to use. 2 BY MIL KUVIN: 3 Q. Much hie the other girls? MR. PIKE: Form, move to strike. MR. KUVIN: Okay. Go ahead. MR. PUCE: What question are we on now? MR. KUVIN: Describing what she told him. 8 MR. PIKE: Okay. Form. THE WITNESS: She went upstairs, provided the massage. BY MR. KUVIN: Q. Was she asked to remove her clothes? MR. PIKE: Form. BY MR. KUVIN: Q. Did she tell you whether she was asked to remove her clothes? MR. PIKE: Form. THE WITNESS: I can't recall. BY MR. KUVIN: Q. If we look at Page 35 about halfway down, the beginning of the line is a blacked out word, and it says "feather stated." Do you see that? A. Yes. Q. All right. Does that help refresh your recollection with respect to -- 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 24 (Pages 9O to 93) PROSE COURT REPORTING AGENCY, INC. EFTA00298283 Page 94 Page 96 1 A. Yes. 2 Q. -- what she described? 3 MR. PIKE Form. 4 TILE WITNESS: Mr. Epstein came into the 5 room and asked her to remove her clothing. 6 BY MR ICUVIN: 7 Q. And she was how old at this time? B MR. PIKE: Form. 9 THE WITNESS: Sixteen, I believe. 10 Sixteen, 17. 11 BY MR. KUVIN: 12 Q. All right. And did she give him, did she 13 describe whether or not she gave him a massage? 14 MR. PIKE: Form. 15 THE WITNESS: Yes, she did. I remember 16 she provided the massage. 17 BY MR. KUVIN: 18 Q. Was she partially naked, top of her 19 clothing was off at the time exposing her breasts? 20 MR. PIKE: Form. 21 THE WITNESS: I believe so. 22 BY MR. KUVIN: 23 Q. All right. During the incident with her, 24 did she discuss whether or not a large white 25 vibrator was used at all? 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 BY MR KUVIN: Q. What was her demeanor during this conversation? MR. PIKE: Form. BY MR. KUVIN: Q. I mean, was she calm, cool, collected, was she upset? I mean describe for us if you would her demeanor. MR PUCE: Form. THE WITNESS: rm trying to recall. I think she was upset. MR. KUVIN: Okay. MR. PIKE: Thank you. BY MR. KUVIN: Q. Did Mr. Epstein give her money at the conclusion of this event? MR. PIKE: Form. THE WITNESS: Yes. BY MR. KUVIN: Q. Does she describe to you whether or not Mr. Epstein ejaculated during the massage? MR. PIKE: Fonn. THE WITNESS: Yes, he did. I believe he did. Page 95 1 MR. PIKE: Form. 2 THE WITNESS: Yes, I do recall it was a 3 large, large massage, massager, slash, vibrator 4 used 5 MR. PIKE: Move to strike, leading. 6 BY MR.1CU'VIN: 7 Q. Did she describe whether or not it was 8 used on her? 9 MR. PIKE: Form. 10 THE WITNESS: Yes, she did. She did 11 recall. She did state it. 12 BY MR. KUVIN: 13 Q. How did she describe it being used on her? 14 MR. PIKE: Form. 15 THE WITNESS: Rubbed on her vaginal area. 16 BY MR. KINN: 17 Q. And who was holding it at the time? Did 18 she explain that? 19 A. Mr. Epstein. 20 MR. PIKE: Form. 21 BY MR KUVIN: 22 Q. Now, this conversation you had with her 23 occurred in the kitchen area of her home? 24 THE WITNESS: Yes. 25 MR. PIKE: Form. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 Page 97 BY MR. KUVIN: Q. Now, at the end of the page I notice you have a note there regarding her description of her emotional state. What did she describe to you, if anything, regarding how she felt about this incident occurring? A. If I can refresh — MR. PIKE: Form MR.1CUVIN: Please do. THE WITNESS: Thanks. MR. PIKE: And for the record, the witness is refreshing his recollection with Exhibit 2. THE WITNESS: Okay. That she was ashamed and embarrassed about the situation. MR. KUVIN: Okay. MR. PIKE: Is this a good time to take break? MR. KUVIN: Sure. All right. It's 11:30 well take a five-minute break (A brief recess was held and Ms. Finnigan entered the deposition room and Mr. Garcia left the deposition room. BY MR. KUVIN: Q. Okay. All right. Let's go to Page 37 in Narrative 10 for a moment. It looks like, correct 25 (Pages 94 to 97) PROSE COURT REPORTING AGENCY, INC. EFTA00298284 Page 98 Page 100 1 me if I'm wrong, that on this particular date, 2 October 6th, 2005 well, you tell me. What did 3 you do on that date? 4 A. That was the date back then when Detective 5 Dawson and I went to down to speak to Jane Doe No. 4. 6 Q. Jane — 7 A. Doe No.4. 8 Q. Okay. And where did you have to go? 9 A. To the university she was attending. 10 Q. Okay. When you went there did you get a 11 chance to meet with her? 12 A. Yes, I believe so. 13 MR. PIKE: Form. 14 BY MR. KUVIN: 15 Q. MI right. And what was her demeanor when 16 you met with her on this particular occasion? 17 MR. PIKE: Form. 18 THE WITNESS: I can't recall her exact 19 demeanor. 20 BY MR. KUVIN: 21 Q. Do you recall whether this conversation 22 was taped? Was this a taped statement? 23 A. I am trying to remember. I believe it was. 24 Q. Okay. And during this particular 25 interview, did she describe to you what she thought 1 BY MR. KUVIN: 2 Q. All right. Let's move to Page 39 if we 3 could. On October 10, 2005, you made telephone 4 contact with someone. Do you recall who that was? 5 A. Yes, I do. 6 Q. Okay. And which person was this? 7 A. I believe this was Jane Doe No. 103 8 Q. Okay. And if we go through this 9 particular phone call, I believe you actually 10 document in this phone call her emotional state. If 11 we look at Paragraph 2, five lines up from the 12 bottom. 13 (Mr. Goldberger entered the 14 deposition room.) 15 BY MR. KUVIN: 16 Q. What did you document as Ms. Jane Doe No. 17 103's emotional state was during this conversation 18 you had with her? 19 MR. PIKE: Form. . 20 THE WITNESS: She was crying hysterically 21 and very upset as she was discussing the 22 incidents. 23 BY MR- KUVIN: 24 Q. Okay. And as she's crying discussing 25 these incidents, does she describe to you how many Page 99 1 of Mr. Epstein? 2 MR. PIKE: Form. 3 MR. KUVIN: And if you can't recall, 4 you're welcome to refresh your recollection. 5 Just let us know that you need to refresh your 6 recollection and utilize the report. 7 THE WITNESS: I'm going have to look at 8 the report because it was some time ago. 9 MR. KUVIN: Okay. Take a look at the 10 report, the bottom of the page, last line. 11 MR. PIKE: Are we still on Page 35? 12 MR. KUVIN: Thirty-seven. 13 BY MR. KUVIN: 14 Q. How did she describe Mr. Epstein? 15 MR. PIKE: Form. 16 THE WITNESS: She was uncomfortable. She 17 considered Jeff a pervert who kept pushing to 18 go further and further. 19 BY MR. KUVIN: 20 Q. And if we look at Page 38, bottom of the 21 first paragraph, last line, during the incidents 22 that she described to you with Mr. Epstein, how old 23 was she? 24 A. Sixteen. 25 MR. PIKE: Form move to strike. Page 101 1 times these had occurred? 2 MR. PIKE: Font 3 MR. KUVIN: And if you need the report to 4 help refresh your recollection, you're welcome 5 come to use that. Just let us know that you're 6 using it for that purpose. 7 THE WITNESS: I know it was numerous times 8 over a two-year period. 9 MR. PIKE: Mow to strike. 10 BY MR. KUVIN: 11 Q. If you look at the ixmort afler the 12 section that says "Ms. Jane Doe No. 103 began crying 13 on the telephone," do you see that line? 14 MR. PIKE: Form. 15 THE WITNESS: Yes. 16 BY MR. KUVIN: 17 Q. How nntny times do you document that she 18 tells you she had been there over a two-year period? 19 MR. PIKE: Form. 20 THE WITNESS: Hundreds of times. 21 BY MR. KUVIN: 22 Q. Do you make this report, do you write out 23 this report at or around the time the phone call 24 occurred? 25 A. Correct. 26 (Pages 98 to 101) PROSE COURT REPORTING AGENCY, INC. EFTA00298285 Page 102 1 Q. Contemporaneous, essentially, as you're 2 taking notes? 3 A. Correct. 4 Q. You type it up soon thereafter? 5 A. Correct. 6 Q. Is she, at the time these incidents 7 occurred, does she express to you whether she was 8 under the age of 18? 9 MR. PIKE: Form. 10 THE WITNESS: Yes. 11 BY MR. KUVIN: 12 Q. How old do you determine that she was 13 during the incidents that she describes? 14 MR. PIKE: Fonn. 15 THE WITNESS: Sixteen years old. 16 BY MR. KUVIN: 17 Q. And at the time that she's 16 year old, 18 was she able to recount to you what Mr. Epstein's 19 penis looked like? 20 MR. PIKE: Form. 21 THE WITNESS: Yes, she did. 22 BY MR KUVIN: 23 Q. How did she describe it? 24 MR. PIKE: Form. 25 THE WITNESS: I believe she recalled it as 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 Page 104 first, and I want to go through in here. If we look at the last paragraph on Page 39, it says, and I am assuming this is referring to Ms. Jane Doe No. 103 "became more upset, crying hysterically." Do you see that last paragraph? A. Yes. Q. Okay. So, during this phone call you're having with her, she's actually crying hysterically on the phone to you? MR. PACE: Form. THE WITNESS: Yes. BY MR. KUVIN: Q. And you documented that at the time that you had the phone call with her? A. Yes, I did. Asa matter of fact it was recorded. Q. Okay. MR. PIKE: Form. THE WITNESS: It was a recorded telephone cat MR. PIKE: Form to the last question. BY MR. KUVIN: Q. When this phone call occurred with Ms. Jane Doe No. 103, what was her, just so we're clear, what was her emotional state? Page 103 1 an egg-shaped penis. 2 BY MR. KUVIN: 3 Q. All right. I want to make sure that we're 4 talking about the correct girl here. If we look at 5 the report on October 10, 2005, does she describe 6 whether or not it is circumcised? MR. PIKE: Form. THE WITNESS: Yes, she does. 9 BY MR. KUVIN: 10 Q. Okay. And did she understand what that 11 meant to be circumcised or not circumcised? 12 MR. PIKE: Form. 13 THE WITNESS: Correct. 14 BY MR. KUVIN: 15 Q. Does Ms. lane Doe No. 103 also describe 16 any additional sexual acts other than naked massages 17 for Mr. Epstein that she engaged in? 18 MR. PUCE: Form. 19 THE WITNESS: Yes, she did. During my 20 interview with her, that was actually — there 21 was one on the telephone, and I agreed to meet 22 with her to speak with her personally to get a 23 more in-depth interview with her. 24 BY MR. KUVIN: 25 Q. Let's talk about just this phone call Page 105 1 MR. PIKE: Form, speculation. 2 THE WITNESS: She was crying hysterically. 3 And I recall having to give her time to regain 4 her composure to continue the conversation. 5 BY MR. KUVIN: 6 . Q. And does she describe additional sexual 7 acts that she engaged in with Mr. Epstein other than 8 naked massages? 9 MR. PIKE: Form. 11 relationship with -. I believe THE : es. She described having a 10 12 she described at one time, I believe, she had 13 sex with Mr. Epstein onetime. 14 BY MR. KUVIN: 15 Q. All right. Let's do this: I want you to 16 take a look at this lasfparagraph on Page 39 for a 17 second and see if that helps refresh your 18 recollection. And then I would like to ask you a 19 couple of questions about the phone call in 20 particular. 21 A. Okay. 22 Q. All right. During this part of the phone 23 call, is she still, is she still emotional with you? 24 MR. PIKE: Form. 25. THE WITNESS: Yes, very. 27 (Pages 102 to 105) PROSE COURT REPORTING AGENCY, INC. EFTA00298286 Page 106 Page 108 1 BY MR. KUVIN: 2 ' Q. Okay. And what does she describe occurs 3 between her, Ms. Mr. Epstein, if 4 anything? 5 MR. PIKE: Form. 6 THE WITNESS: It was oral sex performed on 7 her. There was strap-on penises utilized. 8 Them was other scaml toys being used, a 9 vibrator. 10 BY MR. KUVIN: 11 Q. Does she describe whether or not 12 Mr. Epstein actually puts his fingers inside of her 13 vagina or not? 14 A. Yes, 15 MR. PIKE: Form. 16 BY MR. WAN: 17 Q. What does she stale about that? 18 MR PIKE: Font. 19 THE WITNESS: That Mr. Epstein inserted 20 his fingers in her vagina in an attempt to make 21 her climax as she was masturbating him. 22 BY MR. KUVIN: 23 Q. All of this while she was how old? 24 A. Sixteen. 25 Q. All right. At some point you have to stop 1 Jacksonville tape recorded? 2 A. Yes. 3 Q. Okay. So one of the tapes that is 4 currently in the possession of the FBI would include 5 that interview? 6 A. Correct. 7 Q. Okay. Was she still emotional during the 8 interview in Jacksonville -- 9 MR. PIKE: Objection. 10 BY MR. KUVIN: 11 Q. — about the incidents that occurred? 12 A. At times she would get emotional and start to 13 cry. 14 Q. Okay. If we go down to Page 40 in your 15 report — first let me back up. When you meet with 16 her, do you take notes? 17 A. Yes. 18 Q. And do you record those notes into the 19 report itself in a timely manner? 20 A. Yes. 21 Q. If we look at the bottom of Page 40, does 22 to you anything with respect to 23 and how Epstein and her may have met? 24 MR PIKE: Form. 25 THE WITNESS: She claimed that Epstein had Page 107 1 the phone call; is that correct? 2 A. Correct. 3 Q. NAY? 4 A. She was unable to maintain her composure to 5 talk to me. 6 Q. Did you make arrangements to meet with 7 her? 3 A. Correct. 9 Q. You then meet up with her? 10 A. Correct. 11 Q. Where do you meet her? 12 A. At a park in Jacksonville. 13 Q. Is she with someone at the time? 14 A. Yes. 15 Q. Who was she with? 16 A. She was with a female friend. 17 Q. Does she describe for you her history with 18 Mr. Epstein? 19 • MR. PIKE: Form. 20 THE WITNESS: Yes. 21 BY MR. KUVIN: 22 si itashe talk to you at all about 23 when you met with her in person? 24 A. Yes, she did. 25 Q. Okay. And was thytpart !friar meefintin 1 2 3 BY MR. KUVIN: 4 Q. Okay. /knight. Lees tum to Page 41. 5 Now, she recounts to you, or does she recount to you 6 whether she has actually seen Mr. Epstein's penis? 7 MR. PIKE: Form. 8 THE WITNESS: Yes, she did. 9 BY MR. KUVIN: 10 Q. So, she tells you that she saw it? 11 A. Correct. 12 MR. PIKE: Form. 13 BY MR. KUVIN: 14 Q. Did she see it once or numerous times? 15 THE WITNESS: Numerous times. 16 MR. PIKE: Form. 17 BY MR. KUVIN: 18 Q. All right. And when she's discussing this 19 with you, is she also, is she in an emotional state, 20 upset, distraught about it at all? 21 MR. PIKE: Form. 22 THE WITNESS: Like I said, during the 23 interview as we were getting more and more 24 information, she would get upset. We would 25 gr. Allowed her to regain her con:i===,mc emld ,„ Page 109 from her family in urchas isp 28 (Pages 106 to 109) PROSE COURT REPORTING AGENCY, INC. EFTA00298287 Page 110 Page 112 1 we would continue. 2 BY MR. KUVIN: 3 Q. All right. If we look at Page 41, you 4 have there in the second paragraph an explanation of 5 her description of Mr. Epstein's penis; is that 6 correct? 7 THE WITNESS: Correct. 8 BY MR. KUVIN: 9 Q. And at the time that this was occurring, 10 how old was she? 11 MR. PUCE: Form. 12 THE WITNESS: Sixteen. 13 BY MB. KUVIN: 14 Q. And could you tell us how she described 15 Mr. Epstein's penis at the time? 16 MR. PIKE: Form. 17 THE WITNESS: She claimed that it was 18 deformed. She called it egg-shaped. 19 BY MR. KUVIN: 20 Q. What description did she actually use? 21 MR. PIKE: Form, asked and answered. 22 THE WITNESS: It was oval in shape. 23 BY MR. KUVIN: 24 Q. All right. If we look here, you have 25 recorded exactly — well, let me ask you this: Did 1 BY hat. KUVIN: 2 Q. — any lawful reason why you could think 3 of why a 16-year-old girl could desaibe 4 Mr. Epstein's penis? 5 MR. PIKE: Form. 6 THE WITNESS: No. 7 BY MR. KUVIN: 8 Q. Did Ms. ane Ike No. 103 describe whether 9 or not she had an on in sexual relationship with 10 Mr. Epstein and Nie. at 11 A. Yes, she did. She Mated that — 12 MR. PIKE: Form. 13 THE WITNESS: She stated that when she 14 would come over, there was, she would have 15 either mla6ms with or — and at one 16 point she even stated there were some 17 photographs taken of her in the tub with 18 MR. PIKE: Form. 19 BY MR. KUVIN: 20 Q. Did you ever recover those photographs? 21 A. No. 22 MR. PIKE: Form, mmm to strike the 23 previous response. 24 MS. MIL: Mr. Kuvin, nnise me. I was 25 trying to object to the form of the previous Page 111 1 you record exactly what she had told you dicing the 2 interview? 3 A. Yes, I did. 4 Q. All right. If we look at Page 41, she 5 claimed when Mr. Epstein's penis was erect, it was 6 thick towards the bottom but was thin and small 7 toward the head portion. Do you see that? 8 MR. PIKE: Form, leading. 9 THE WITNESS: Yes. 10 BY MR. KUVIN: 11 Q. All right. Is that what she described to 12 you? 13 A. Yes. 14 MR. PIKE: Form. 15 BY MR. KUVIN: 16 Q. Were you the one that used the term 17 egg-shaped. 18 MR. PIKE: Form. 19 THE WITNESS: No, she used egg-shaped. 20 BY MR. KUVIN: 21 Q. Okay. Any reason that you could think of 22 at the time of this interview why a 16-year-old girl 23 would know how to describe Mr. Epstein's penis — 24 MR. PIKE: Form, confusing. 25 THE WITNESS: No. 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 Page 113 question about how a I6-year-old girl would know how to describe the penis. And I think my phone was muted at the time. MR. KUVIN: It was, but thank you. MS. B7MTI : That If I could just have that recorded. MR. KUVIN: Sure. BY MR. KUVIN: Q. All right. If we look at your report on Page 41. It appears that Ms. Jane Doe No. 103 describes an incident that occurred in the massage room. Do you see that, second paragraph from the bottom? MR. PIKE: Form, leadirkg. THE WITNESS: Yes. BY MR. KUVIN: Q. All right. Why don't you for a second, read the second paragraph from the bottom, and then I have a couple of questions to ask you about it. Go ahead. Just read the whole paragraph. I just want to make sure and then I'm going to ask you about it. A. Can I use her name? Q. No, no. I want ou to 'ust read the 29 (Pages 110 to 113) PROSE COURT REPORTING AGENCY, INC. EFTA00298288 1 Page 114 second paragraph from the bottom. 1 Page 116 BY MR. KUVIN: 2 A. I know, but do you want to me to use her name 2 Q. And she said no? 3 or use the redacted portions of it? 3 MR. PIKE: Hold on a second. The witness 4 Q. Yes. We're discussing Ms. Jane Doe No. 4 is answering the question. So if you would, 5 103 at this point. 5 rather than lead the witness through his answer 6 A. "Jane Doe No. 103 advised one day, Jane Doe 6 so he can answer the way that you would like, 7 No. 103 was unable to state the exact date this incident 7 would you please ensure that the witness is 8 occurred.' e finished with his answer before you follow 9 Q. I'm sorry. Read it to yourself and I will 9 through with the next question. 10 just ask you questions. 10 BY MR. KUVIN: 11 A. Okay. 11 Q. Did she explain whether or not she said 12 Q. Sorry about that. Okay. Did Ms. Jane Doe 12 no? 13 No. 103 describe to you an incident that occurred in 13 MR. PIKE: Form. 14 the massage room at Mr. Epstein's home? 14 THE WITNESS: Yes, she did. 15 A. Yes. 15 BY MR. KUVIN: 16 MR. PIKE: Form. 16 Q. And she said no? 17 BY MR. KUVIN: 17 A. Yes. 18 Q. And what did she describe to you with 18 MR. PIKE: Form. 19 respect to Epstein and her and any contact that he 19 BY MR. KUVIN: 20 may have had with her? 20 Q. Okay. And what did he do when she said 21 MR. PIKE: Form. 21 that? 22 THE WITNESS: She stated that she had gone 22 MR. PIKE: Form. 23 up to the bedroom and that both and 23 THE WITNESS: He apologized to her and she 24 Epstein were in the bedroom. They were already 24 stated that she had received 51,000 for that 25 naked. She had removed her clothing. That 25 visit. Page 115 Page 117 1 was an appointed time when her and began 1 BY MR. KUVIN: 2 kissing, touching on the massage table. She 2 Q. Did she say whether or not as a result of 3 stated that she had achieved climax. 3 the incident she was injured in any war! 4 All the while this was occurring 4 MR. PIKE: Form. 5 Mr. Epstein was masturbatingg. At one 5 THE WITNESS: I can't recall if - I know 6 point Mr. Epstein put her onto the massage 6 that during our conversations, during her 7 table and inserted his penis into her 7 visits going to the house and during the 8 vagina. different acts that occurred while she was at 9 BY MR. KUVIN: 9 the house, she claimed that she had left very 10 Q. Did she say whether or not this was 10 sore, but I don't recall her saying anything as 11 consensual or not? 11 to that particular incident 12 MR. PIKE: Form. 12 BY MR. KUVIN: 13 THE WITNESS: This was not consensual. 13 Q. All tight If we tum to the next page, 14 BY MR. KUVIN: 14 Page 42, Narrative 12, this narrative is reported by 15 Q. And what did she say occurred happened at 15 you? 16 that point? 16 A. Yes. 17 MR. PIKE: Form. 17 Q. All right. As a result of the interviews 18 THE WITNESS: She said this occurred for 18 that you bad done in the investigation up until this 19 very quick He removed himself from her 19 point, did you request a search warrant for the 20 nem 20 home? 21 BY MR. KUVIN: 21 A. Yes, I did. 22 Q. Did she say whether or not she told him 22 Q. And was a search warrant actually signed 23 no? 23 by the judge? 24 A. Yes. 24 A. Yes. 25 MR. PIKE: Form, move to strike. 25 Q. When was that warrant executed on the 30 (Pages 114 to 117) PROSE COURT REPORTING AGENCY, INC. EFTA00298289 Page 118 1 home? 2 A. Sometime in October. 3 Q. All right If we look at Page 42, it 4 says: "on October 18, 2005,1 met with Judge Laura 5 Johnson who signed the warrant" And then on 6 October 20, 2005, at approximatly 9:36 a.m., members 7 of the police department investigation unit nee' lied B the warrant? 9 A. Correct. 10 Q. Is that in and about the time the warrant 11 was executed? 12 A. That's correct. 13 Q And this warrant, the execution of this 14 warrant was videotaped? 15 A. The — it's our policy when the search warrant 16 is executed, we do entry/exit videos. 17 Q. Okay. That's what you did in this case? 18 A. Yes. 19 Q And you kept those videos at the 20 departMent? 21 A. Yes. 22 Q. They we a part of the investigation? 23 A. Yes, sir. 24 Q. And the videos were taken, were they taken 25 by personnel working for the department? Page 120 1 THE WITNESS: The CPU's were removed. The 2 CPU's being the computers. The towers were 3 removed. The wires were just left. The 4 cabinet in which they claimed all the oils were 5 being kept were, was empty except for one 6 bottle that was way in the back The drawer in 7 the bedroom where they claimed all the toys 8 were was empty. That's what I meant by -- 9 MR. KUVIN: Sanitized? 10 THE WITNESS: (Witness nods head.) 11 BY MR. KUVIN: 12 Q. Okay. During the inspection that you did 13 or the warrant, execution of the warrant, did you 14 determine whether or not there were any internal 15 security cameras in the borne? 16 A. Yes, there were. 17 MR. PIKE: Fonn. 18 BY MR. KUVIN: 19 Q. And do you recall whether there were any 20 located based on your inspection in the upstairs 21 area of the home? 22 MR. PIKE: Fenn. 23 THE WITNESS: Not in the upstairs area. 24 There was a covert clock in the downstairs 25 office area and there was another covert clock Page 119 A. Yes. 2 Q. All right. And you were present? A. Yes. Q. Tell us, if you would, how you found the 5 state of the home when you arrived on that date for 6 the inspection? MR. PIKE: Form. • MR. KUVIN: Or for the execution of the 9 warrant, excuse me. 10 THE WITNESS: It was determined, obviously 11 when we were in the house, that the house was 12 somewhat sanitized. 13 MR. PIKE: Form. 14 , MR. KUVIN: Describe what you mean. 15 • I think we just got disconnected. 16 • Ms. Ezell. 17 (A brief recess was held.) 18 MR. KUVIN: We lost you, Kathy. 19 MS. EMI • Sony. Lost you fora minute. 20 BY MR KUVIN: 21 Q All right. You mentioned before we took a 22 quick break there that you felt that the house was, 23 or you determined that the house was somewhat 24 sanitized. Can you describe what you mean by that? 25 MR. PIKE: Form. Page 121 1 on the wall in the garage. 2 BY MR. KUVIN: 3 Q Okay. The one in the garage, what was it 4 pointing at? In other words what was it attempting 5 to see from that direction? 6 MR. PIKE: Form. 7 THE WITNESS: I believe it was, it was the 8 overview of the vehicles kept in the garage, 9 bicycles, motorcycle, cars, garage doors, so... 10 BY MR. KUVIN: 11 Q Okay. And the one in the office was 12 pointed at what? 13 MR. PIKE: Palm. 14 THE WITNESS: The desk living room area. 15 BY MR. KUVIN: 16 Q. Okay. Any other cameras that you can 17 recall finding during the execution of the warrant, 18 either covert or overt? 19 MR. ME: Form. 20 THE WITNESS: Not that I can recall. 21 BY MR. ICUVIN: 22 Q. Okay. And did you come to learn or 23 discover any information about whether Mr. Epstein 24 may have been tipped off as to the execution of this 25 warrant? 31 (Pages 118 to 121) PROSE COURT REPORTING AGENCY, INC. EFTA00298290 Page 122 1 WIPIKE:Fonn. 2 THE WITNESS: i 'mow that some of the 3 girls had maintained contact with IMIM. 4 There was a couple of girls that stated that 5 was calling to find out the status 6 or questions asked by us, the police 7 department. 8 BY MR. KUVIN: 9 Q. This all occurred prior to the warrant? 10 MR. PIKE: Form. 11 THE WITNESS: Yes. 12 . MR. PIKE: Move to strike. 13 BY MR. KUVIN: 14 Q. And by the titre you left the property was 15 an attorney, did an attorney arrive? 16 A. Yes. As we were leaving securing the 17 residence, a Guy Fronstin walked up onto the property. 18 Q. Okay. How long did the execution of this 19 warrant take, roughly? 20 MR. PIKE: Form. 21 MR. KUVIN: What is wrong with that 22 question? 23 MR. PIKE: It is depending on the 24 investigation. You're tip-toeing into a lot of 25 hearsay testimony with these questions. I 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 Page 124 MR. PIKE: How much longer do you have? MR. KUVIN: I have no idea. i have no idea But the question that's pending that I wanted an explanation or which you haven't explained is how long did it take you to execute this search warrant. MR. PIKE: Form. MR. KUVIN: And the form would be? MR PIKE: How long did it take to execute: What search warrant? When? When? What time? Him? His officers? What detective? I don'ticnow. Shall I go on? MR. KUVIN: Actually, yeah, because it's kind of comical, but I will clarify because you don't understand. BY MR. KUVIN: Q. Detective Recarey, how long were you on Mr. Epstein's property that day? MR. PIKE: Form, predicate. You have actually even — here, let me help you out a bit. You have actually failed to lay the appropriate predicate and foundation that he was the one that executed the search warrant or whether it was his team that executed the Page 123 1 don't know where it's corning from. You have 2 asked several questions here about- 3 MR. KUVIN: The outstanding question is 4 MR. PIKE: Wait, wait, wait one second. 5 MR. KUVIN: — how long did the execution 6 of the warrant take. 7 MR. PIKE: I am going to answer your 8 question. You have asked several questions 9 here today that involve hearsay opinion 10 testimony from others that Detective Recarey 11 allegedly spoke to others that spoke to, for 12 instance, third parties that spoke to Detective 13 Recarey. 14 And as a result you have very serious 15 opinion and hearsay privileges that are 16 asserted here. And I really don't 17 understand the point of this deposition 18 today because none of it is admissible. 19 So, hopefully that helps you with 20 your question, and you can rephrase them 21 or, you know, just continue, 22 And while we're on that topic, let me 23 ask you this, it's 12:15 and — 24 MR. KUVIN: i was going to break at 12:30 25 for lunch. Page 125 1 search warrant, so... 2 BY MR. KUVIN: 3 Q. Detective Recarey, did you go to 4 Mr. Epstein's house that day? 5 A. Yes, I did. 6 Q AM how long were you at his house that 7 . the 8 A. I believe we started around 9:30 and we 9 concluded I want to say around 1:00. 10 ' Q. Okay. I have a whole bunch of property 11 receipts that were turned over by the Town of Palm 12 Beach. This was the property receipt turned over to 13 us the other day bye-mail. 14 MR. PIKE: This is not what we discussed 15 yesterday. 16 MR. KUV1N: This is an e-mail from 17 Ms. O'Connor's office that was sent to 18 everybody. 19 MR. EDWARDS: These were all in the 20 original production as well. 21 MR. PIKE: I have a copy. 'Blank you. 22 MR. KUVIN: I would blue to show you those 23 property receipts. And just for the record, 24 let's mark all property receipts as Exhibit 4. 25 Do it as a composite exhibit. 32 (Pages 122 to 1 2 5) PROSE COURT REPORTING AGENCY, INC. EFTA00298291 Page 126 1 (Plaintiffs Exhibit No. 4 was marked for 2 identification.) 3 BY MR. KUVIN: 4 Q. Can you tell by looking at the pmperty 5 receipts what property was seized on the date of the 6 execution of the warrant versus other property that 7 may have been obtained during the investigation? 8 A. Yes. 9 Q. All tight. Could you pull out the 10 property receipts regarding the property seized on 11 the date of the execution of the warrant. Just 12 separate those out for us. 13 A. PC affidavit would have actually written on it 14 search warrant return on the very top, so it's easy to 15 identify plus it would be notarized at the bottom. 16 Q. Great. Take a look then. 17 A. I have five here, but it looks like I am 18 missing one because it says one of six; two, three, 19 four, five. 20 Q. Just if you would look through the 21 remaining documents to make sure we're not missing a 22 page. Yeah, keep those separate. 23 Mk PIKE: Move to strike. 24 THE WITNESS: Here we go. Page 6 of 6. 25 MR.1CUVIN: Okay. Just put the rest of it 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 Page 128 Q. It's got your ID number there. And what was your ID number at the time? A. 7915. Q. And the unit was what? A. At that time I was Delta Unit. It was Delta EL Q. Okay. And the date that this property was recovered was when? A. October 20th, 2005. Q. All right. Let's go through some of these thing. It appears that you retrieved phone message books from the kitchen area of the house; is that correct? A. Correct MR. PIKE: Form. BY MR. KUVIN: Q. There seemed to be little bar codes next to some of the descriptions. I would ask you to describe what those are. A. The bar codes is actually utilized by crime scene to find the location of it. It's a — the property itself and the property receipt has the same bar code, and it's to help them identify where it is in the evidence room. Q. Okay. Did you recover numerous different Page 127 1 back and I just want to make sure that I got 2 the entire — let's do this if you would: 3 Stick 4, I am going to put 4-A on this document 4 just so that we can separate it out from the 5 rest of 4. 6 THE WETNESS: That was towards the back 7 MR. PIKE: Yes, I know. I have got it. 8 (Plaintiffs Exhibit No. 4-A was marked 9 for identification.) 10 MR. PIKE: And it's six pages, correct, 1 11 through 6? 12 THE WITNESS: Yes, sir. 13 MR. KUVIN: Mars correct. 14 BY MR. KUVIN: 15 Q. Let's go through this fora moment. All 16 right. Is this a document that you fill out? In 17 other words is that your handwriting? 18 A. It might have been crime scene's. 19 Q. Okay. Do you sign the document at all? 20 A. Yes, I do. 21 Q. All right. Where does your signature 22 appear? 23 A. It would be in the performance of my duties. 24 Q. Gotcha. In the bottom right corner? 25 A_ Yes. 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAT-, ". phone message pads? MR. PIKE: Form THE WITNESS: Yes, I did. BY MR. KUVIN: Q. Les go to Page 2 along with phone message pads. Did you also recover CD's and — MR. EDWARDS: We might have lost her offain MR. PIKE: Kathy, are you them? MR. EDWARDS: Were about to break anyway MR. KUVIN: Why don't we go ahead and break. How long do you want for lunch? MR. PIKE: Half hour. MR. KUVIN: Is that okay with you? Its 12:30. Let's do 30. MR. EPSTEIN: Back at 1:00? MR. KUVIN: Yes, back at 1:00. (A luncheonrecess was held.) * • • • • 33 (Pages 126 to :29) PROSE COURT REPORTING AGENCY, INC. ( EFTA00298292