EFTA00298342.pdf

Page 500 1 IN 741E CIRCUIT COURT OF THE FIFTEENTH JUDICIAL MOAT IN AND FOR PALM BEACH COUNTY, FLORIDA 2 CASE No.50200SCA037315000004B AB 3 4 Plaintiff. 5 6 -vs- VOLUME IV OF IV 7 9 10 11 12 13 14 15 16 Defendants DEPOSITION OF DETECTIVE JOSEPH RECAREY Friday, March 19, 2010 10:03 - 5:23 p m 505 South [take Drive Suite 1100 17 West Palm Beach, Florida 33401 18 19 20 21. 22 Reported By. Jana Ricciuti. Mit FPR. CLR 23 Notary Public. Stew of Florida Prose Gault Reporting 24 25 I 14 15 16 17 la 19 20 21 22 23 24 25 1 APPEARANCES 2 On tehalf Janc Den I thectralt 8: JESSICA 1 BOOK ESQUIRE MERME1812:214 & HOROW112, l'A. W205 lagoon nukearr1 Son 2218 S M phon ironit e 6 7 On batonMtn Plaintiff, lane Doe Nall: ISOM MANUEL Minn mom GARCIA. ELKINS & BOEFIFUNGER 9 224 Dina Mew Saito 900 War tide 33401 Phan 11 sad 12 TARA k FINNIGAN, !MUM TARA& FINNIGAN. PA 13 VA Miura Street State WO West Pailliarida 33401 Mono an Wulff of the Datong, hffny Emleos MICHAEL PIKE, ESQUIRE BURMAN, CRIITOR LETT/ER& COLEMAN, LIP 303 014066 Boolean Stile 4'.0 West /MC 33401 Phone' and MIUION O. Whl MIRO. ESQUIRE LAW00110E OF MILTON G. WEINBERG 20 Pin Pima Suite WOO, Bent 02116 Moue: I', -1r 502 I a Page 5C. 1 2 3 5 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 uNDED STATES DISTRICT COURT SOUTHERN DISTRICT OP FLORIDA CASE NO.10-80309 JANE DOE NO. 103. Plaintiff, VOLUME IV OF IV JRPFREY CPSIEIN, Defendant. DEPOSITION OF DEIECTIVE JOSEPH RECAREY Tuesday, April 27, 2010 10:03 - 5:23 pm. 505 Saab Flagler Drive Stitt 1100 Weft Palm Beach, Florida 33401 Reported By: Jam Fticciuti, RPR, FPR, CLR 23 Notary Public, State of Florida Prose Cain Reporting 24 25 Page 503 1 Appearances continued... 2 On behalf of the Witness: ' 3 JOANNE M. O'CONNOR, ESQUIRE JONES, FOSTER, JOHNSON & STUBBS, P.A. 4 505 South Flagler Drive, Suite 1100 West Florida 33401 5 Phone: 6 7 Also Present Jeffrey Epstein 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .... - 2 (Pages PROSE. COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricci uti (601 ) Electronically signed by Jeana RIccluti (601 ) 500 to 503) bdcd1876•c7242.432(1-8c40-0190e656129/ EFTA00298342 Page 504 Page 506 1 INDEX 2 3 I wrrNESS: COMM CROSS CROSS REDIRECT RECROSS 5 DETECTIVE JOE RECAREY 6 BY MR. WEINBERG 505 BY MS. ARDOUR 636 7 BY MR. GARCIA 636 9 10 - - - EXHIBITS 11 12 NUMBER DESCRIPTION PAGE 13 DEPOSITION EX. 29 MESSAGE BOOKS 592 DEPOSITION EX. 30 HANDWRITTEN NOTE ON 617 14 JEFFREY E. EPSTEIN MEMO PAD 15 DEPOSITION EX. 31 HANDWRITTEN MESSAGE 622 16 17 18 19 20 21 22 23 24 25 1 counsel? 2 MS. ARBOUR: Form. 3 THE WITNESS: I believe so, yes. 4 BY MR. WEINBERG: 5 Q. And that was an offer that was extended by the 6 State Attorney following discussions with the Palm Beach 7 Police Department, correct? 8 A. That was when we had just heard about it. We 9 were unaware that the offer was made. 10 Q. And how did you become aware that the offer 11 was made? 12 A. I had made numerous telephone calls to the 13 State Attorney's office to inquire where we were, and 14 did not receive any return phone calls. I went over to 15 the State Attorney's office personally on an tmrelated 16 incident to drop off some filittpackets, and that's 17 when I went by and I saw =was in her office. 18 Q. was an experienced State attorney, 19 correct? 20 MS. ARBOUR: Form. 21 THE WITNESS: I know she had been there for 22 some time. 23 BY MR. WEINBERG: 24 Q. And you knew she had been a prosecutor for sex 25 offense cases for some time, 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 505 PROCEEDINGS BY MR. WEINBERG: Q. Good afternoon, sir. A. Good afternoon. Q. To finish up the subject that we were talking about right before the recess, do you ever recall dicr-ncsions with the State Attorney's office about an offer that was extended to Mr. Epstein to plead guilty and receive a five-year period of probation for an aggravated assault charge? A. Yes. Q. And that was a subject of discussion between you and members of the State Attornes fice? A. With Assistant State Attorney I don't know if that's her last name, how it's pronounced, but close enough. Q. If we call her =, I think we both know who we're discussing. A. Yeah. Q. And those discussions occurred within or around the winter of 2005,'6? A. I believe so. Q. And was that a sentence and a charge option that was extended to Mr. Epstein through his then Page 507 1 A. She did a lot of crimes against children. 2 Q. And she, on other occasions, advocated 3 prosecution of people on felony charges, correct? 4 A. I hadn't had many dealings with her so I don't 5 know. You know, l knew Mier. She was actually at the 6 office, State Attorney's office, when I was employed 7 there many years ago. 8 Q. And that was how many years ago? 9 A. I've been with Palm Beach almost 19 years. 10 Q. So we're talking about at least 20 years ago? 11 A. Yeah. 12 Q. And she had been there, to your knowledge, 13 continuously from the time that you knew she was there 14 20 years ago? 15 A. Yeah. 16 Q. And you knew her specialty to be charging 17 people that were — for offenses that dealt with 18 violations of underagtal people, mama 19 MS. ARBOUR: Fonn. 20 THE WITNESS: I believe so. I believe so. 21 Like I said, I didn't have many dealings with her. 22 BY MR. WEINBERG: 23 Q. So you saw her in the office that day? 24 A. And that was the time that I just had learned 25 of the offer that was made to previous counsel. PROSE COURT REPORTING AGENCY, Electronically signed by Jeana ificciuti (801M Electronically signed by Jeana Moduli (601 3 (Pages 504 to 507) INC. bdecH 876 c72o.432d-8c10-bt 9ac656129t EFTA00298343 Page 508 1 Q. And did you take a position on that offet? 2 A. Personally, I told her I didn't agree with it, 3 but I couldn't speak for the department. It actually 4 had to come from people with a higher pay grade than 5 mine, so I just relayed the information back to 6 Chief Reiter. 7 Q. And what, if anything, did Chief Reiter do? 8 MS. ARBOUR: Form. 9 THE WITNESS: I believe he tried to make 10 contact with State Attorney Barry Krischer. 11 BY MR. WEINBERG: 12 Q. Did he make contact with State Attorney 13 KriSehe', to your knowledge? 14 A. I'm not 100 percent certain if he did or 15 didn't. I bow there was some time where none of our 16 calls were being returned from the State Attorney's 17 office. 18 Q. Jane Doe 103 was one of the witnesses who was 19 at the center of the State investigation, correct? 20 A. One of them, yes. 21 Q. And you knew that Jane Doe 103 had a MySpace 22 page that was one of the MySpace profiles that was 23 provided to the State Attorney by Mr. Epstein's then 24 counsel, Professor Dersbowitz, correct? 25 A. Yes, I knew that there were pages sent of the Page 510 1 correct? 2 MS. ARBOUR: Form. 3 THE WITNESS: f know that when there's 4 misdemeanor arrests in the Town of Palm Beach, a 5 lot of officers pretty much try to gain any 6 intelligence they can from any of the people that 7 they encounter. Some of the information actually 8 leads to other cases, clearance of minor rocas 9 thefts, bike thefts. 10 BY MR. WEINBERG: 11 Q. And in this case, it led to you going to sec 12 Jane Doe 103, first calling her on October 10th and then 13 visiting ha in Jacksonville on October 11th, correct? 14 A. Yes. I5 Q. And you also, in your investigation, learned 16 that Jane Doe 103 had lost her job at Victoria Secret 17 for stealing, did you not? 18 A. No. 19 Q. You never received any information regarding 20 Jane Doe 103's employment history with Victoria Secret? 21 A. She was actually employed there when I went up 22 to seeker. Thrift where I met with her. 23 Q. Did you ever team at any time that she had a 24 problem that led to her losing her employment? 25 A. No. Page 509 1 MySpaces, but I wasn't sure of whom at that particular 2 time. They provided us copies thereafter, but right 3 there, immediately, I wasn't aware of whom had pages. 4 Q. You eventually received than and reviewed 5 than, correct? 6 A. tJb-huh. 7 Q. And you understood that from even before then, 8 that Jane Doe 103 had a background that involved at 9 least one arrest, correct? 10 A. Yes. 11 Q. And you understood that when she was arrested 12 in early October, she in fact informed the arresting 13 officers that she had information regarding Mr. Epstein, 14 correct? 15 A. I believe so. 16 Q. And if you go to your probable cause affidavit 17 ai page 11, at the bottom of 10, it starts, 'On 18 September 11, 2005, Jane Doe 103 was arrested by the 19 Palm Beach Police Department for misdemeanor possession 20 of marijuana. During the arrest, Jane Doe 103 told the 21 arresting officer that she had information about sexual 22 activity taking place at the residence of Mr. Epstein." 23 A. Yes. 24 Q. Jane Doe 103 essentially was asking the 25 arresting officer to assist in her cooperating; is that Page 511 1 Q. So you knew she had been arrested for 2 marijuana? 3 A. Uhelmh. 4 Q. You knew she had a MySpace page where there 5 was information that was -- that showed her to use 6 thugs, correct? 7 A. Uh-huh. 8 MR. PIKE: Yes or no? 9 THE WITNESS: Yes. 10 BY MR. WEINBERG: 11 Q. You knew that the role of the State Attorney, 12 the prosecutor that would have to present this case to 13 the jury, was to weigh evidence, correct? Not only the 14 evidence you provided but also any evidence that was 15 provided by those representing the target of criminal 16 investigation? 17 A. Yes. 18 Q. And knew that as a result of that weighing 19 process, =, an experienced State Attorney, told you 20 that she believed at least that Jane Doe 103 was a 21 consenting participant and not a victim of criminal 22 offenses by Mr. Epstein, correct? 23 MR. GARCIA: Object to the form. 24 THE WITNESS: I don't — consenting victim, 25 you mean? 4 (Pages 508 to 511) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciutl (601 Electronically signed by Jeana Ricciutl (601 bdcd1876-c720.432d-acre-blbae6561291 EFTA00298344 Page 512 P&p:: .., 14 1 BY MR. WEINBERG: 1 case, "Is it okay to take a taxi". 2 Q. She told you that there were no victims here 2 MS. ARBOUR: Form. 3 when — 3 BY MR. WEINBERG: 4 A. Originally, that was her statement, yes. 4 Q. Is that right? 5 Q. Right. And if there were no victims here, 5 MS. ARBOUR: Same objection. 6 then she's really saying to you that, after reviewing 6 THE WITNESS: Yes. 7 all of the evidence that she received, not only from you 7 BY MR. WEINBERG: 8 but from the defense, she didn't consider Jane Doe 103 8 Q. So whoever was at die Epstein home receiving 9 to be a victim? 9 the call would essentially write this denim on a message 10 MS. ARBOUR: Form. 10 pad that had at least two different layers? 11 111E WITNESS: 1 believe that's what she 11 MS. ARBOUR: Fem. 12 stated. 12 THE WITNESS: Yes. 13 BY MR. WEINBERG: 13 BY MR. WEINBERG: 14 Q. And given her knowledge of what occurred on El 14 Q. And that when you seized the message pad from 15 Brillo Way, she didn't see any victims in this case. 15 the trash pulls, there was only one layer, which was the 16 MS. ARBOUR: Form. 16 original that had been thrown out or crumpled out, 17 THE WITNESS: 1 believe that's what she 17 correct? 18 stated. 18 A. Yes. 19 BY MR. WEINBERG: 19 Q: AM when you went on October 20th and 20 Q. Whether or not she physically did possess the 20 conducted a search and seizure, you would seize the pads 21 message pads or whether she had access to information, 21 that included all of the copies of the original 22 the message pads that you reviewed were in the hundreds, 22 messages, correct? 23 if not thousands, correct? 23 A. Yes. 24 A. Uh-huh. 24 Q. And they were in various handwriting, were 25 Q. And that these pads reflected incoming calls 25 they not? Page 513 Page 515 1 to Mr. Epstein's phone that was in Mr. Epstein's 1 A. Yes. 2 residence on El Brillo, correct? 2 Q. And they provided you with leads to witnesses, 3 A. Correct. 3 did they not? 4 Q. And they reflected messages that came from 4 A. Yes. 5 people that left their phone numbers? 5 Q. And provided you with names and numbers? 6 A. Yes. 6 A. Yes. 7 Q. And it reflected messages that included, for 7 Q. And gave you information that there was lots 8 instance, from.. on July 9, 2004, is available 8 of people who, at least according to these telephone, 9 on Tuesday. Was that a message that was concluded in 9 incoming telephone calls, were inviting themselves to 10 these message pads? 10 Mr. Epstein's home — 11 MS. ARBOUR: Form. 11 MS. ARBOUR: Form. 12 111E WITNESS: Yes, that was some like that, 12 BY MR. WEINBERG: 13 yes. 13 Q. — either directly or through their friends, 14 BY MR. WEINBERG: 14 correct? 15 Q. And that is clutmeteristic of lots of the 15 MS. ARBOUR: Form. 16 messages that were being received by whoever was taking 16 MR. GARCIA: Object to form. 17 down a message at the Epstein residence, correct? 17 THE WITNESS: There were several messages that 18 . MS. ARBOUR: Form. 18 I recall was written to Mr. Epstein indicating 19 THE WITNESS: Iih-huh, yes, correct. 19 girls' names and times that they were available. 20 BY MR. WEINBERG: 20 BY MR. WEINBERG: 21 Q. And the way it worked, if I'm right, is that 21 Q. Like, for instance here, she wants to confirm 22 somebody would answer the phone and, for instance, the 22 a 11:00 tomorrow, message for JAE from a woman's name. 23 message would say on July 19, '04, Mr. Epstein: Phone 23 That would be typical messages on these pads that you 24 call from M., leaving a reply mobile phone number or 24 reviewed? 25 cellular number, and leaven very short message, in this 25 MS. ARBOUR: Form. 5 (Pages 512 to 515 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeans Ricciuti (601 bdcd1876-c720-432(1-8c10-b19iie6.56129f EFTA00298345 21 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 516 THE WITNESS: That would be some, yes. BY MR. WEINBERG: Q. And many of them appeared to be incoming calls from different girls which said, Em in town, can I come over, can I schedule a meeting? MS. ARBOUR: Form. THE WITNESS: Some were like that. BY MR. WEINBERG: Q. And some appeared to be responses to a phone call made by someone at the El Bulb home asking, are you available, and there would be a phone call back saying, Pm available tomorrow afternoon or Wednesday morning or Thursday afternoon. A. Correct. Q. And by and large, these messages did not include any negotiation over dollars? In other words, there was not on a message pad that any of these incoming girls were saying, I will come over ifIeffrey gives me $500 or $300; there was no evidence of that kind of incoming phone call, correct? MS. ARBOUR: Form. THE WITNESS: Not that I can recall, no. BY MR. WEINBERG: Q. And likewise, there was no indication on these message pads that any of the people calling 1 of 18; is that right? 2 A. What groupings? 3 Q. Well, let's say, did you ever interview a 4 woman named II.? 5 A. Yes. 6 O. And youlcnew that her date of birth was in 7 and that she was over 18 when you 8 interviewed her — 9 A. Yes. 10 Q. — and represented herself to be over 18 when 11 she saw Mr. Epstein? 12 MS. ARBOUR: Font 13 THE WITNESS: Yes. 14 BY MR. WEINBERG: 15 Q. And, likewise, was another person who 16 said yes, she had been to Mr. Epstein's house at a time 17 when she was over 18? 18 A. Correct 19 Q. And then M. was in her 20s when you 20 interviewed her? 21. A. Yes. 22 Q. And there was an., who after the publicity 23 came out, called in and said she was 25 at the time she 24 met with Mr. Epstein? 25 A. Yes. I I Page 517 1 Mr. Epstein's home were, in essence, particularizing 2 what they were going to do or what they intended to do 3 or what they might do once they got there, correct? 4 MS. ARBOUR: Form. 5 THE WITNESS: Can you repeat that question? 6 BY MR. WEINBERG: 7 Q. Sure. Theres nothing on these message pads 8 that indicates, I'll come over and give a topless 9 massage to Mr. Epstein? 10 A. No. 11 Q. These are essentially contact and scheduling 12 calls? 13 MS. ARBOUR: Form. 14 THE WITNESS: Yes. 15 BY MR, WEINBERG: 16 Q. And often reflect the fact that the callers 17 are not connecting on the first call, so they're going 18 back and forth and trying to arrange times for a 19 particular woman to come over to Mr. Epstein's home, 20 correct? 21 MS. ARBOUR: Form. 22 THE WITNESS: Yeah. 23 BY MR. WEINBERG: 24 Q. And some of these calls come from a whole 25 grouping of persons that you learned were over the age Page 519 1 Q. And., who you interviewed, who told you 2 that yes, she went to Mr. Epstein's home on many 3 occasions, and she was over 187 4 A. Yes. 5 Q. And a 6 A. She was a licensed masseuse. 7 Q. Licensed masseuse who was over 18. 8 A. Yes. 9 Q. And some of the people interviewed had tumcd 10 18 during the period that they were seeing Mr. Epstein 11 and so told you, correct? In other words, that they had 12 started seeing Mr. Epstein when they were 17, and then 13 they became 18 and continued to see him when they were 14 18 and, in fact, you interviewed them when they were 18? 15 MS. ARBOUR: Form. 16 THE WITNESS: Some, yes. 17 BY MR. WEINBERG: 18 Q. And they, too, are included in Mese book of 19 message pads? In other words, this was not limited, the 20 incoming calls were not limited to girls that were 17 or 21 16, and included girls that were 18, 19,20, 25 and even 22 older, correct? 23 MS. ARBOUR: Form. 24 THE WITNESS: Correct. 25 BY MR. WEINBERG: PROSE COURT REPORTING AGENCY, Electronically signed by Jeana Rlcciuti (401Ia Electronically signed by Jenne Ricclutl (601 6 (Pages 516 to 519) INC. (561) 832-7506 bded18714:726432d4d0-019.44561291 EFTA00298346 9 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 520 Q. Now, when you drafted the search warrant 7 affidavit and you agreed with me that you understood 3 when you drafted it, as an experienced detective of 4 almost two decades, that the judge would be relying on 3 the content of what you preiented to him, correct? 6 A. Yes. 7 MS. ARBOUR: Form, asked and answered. BY MR. WEINBERG: Q. That the judge did not have some external bases to test the representations, either for completeness or for accuracy? MS. ARBOUR: Form. THE WITNESS: Correct. BY MR. WEINBERG: Q. And you made representations in the search warrant affidavit that were repeated in the probable cause affidavit, did you not, that were attributed to A. Yes. Q. And directing myself to the probable cause affidavit, because that's the one that is unsealed and an exhibit in this case, you essentially said to, on the probable cause affidavit, that M. said that Jeffrey Epstein wanted young girls — A. Yes. Page 522 1 now almost five years ago, that she had said to you that 2 Jeffrey Epstein preferred girls between 18 and 20. 3 A. I would have documented that in the incident 4 report, but... 5 Q. Would it be an important modification of the 6 statement attributed to her that Jeffrey Epstein wants 7 young girls, correct? 8 MS. ARBOUR: Form. 9 THE WITNESS: Had she said it, but again, I 10 don't — I 1 BY MR. WEINBERG: 12 Q. I understand. Had she said it, it certainly 13 would have been considered important enough to include 14 in the various affidavits that you drafted that relied 15 in part on what told you. 16 MS. ARBOUR: Form, the tape speaks for itself. 17 BY MR. WEINBERG: 18 Q. Correct? 19 A. Correct. 20 Q. The message pads include messages like, was 21 wondering if she would get work tonight, she couldn't 22 work yesterday because of some family event. That's the 23 messages, those contents, you would have view of the 24 message pads, correct? 25 MS. ARBOUR: Form. It speaks for themselves. Page 521 1 Q. correct? 2 Do you recall that during your tape recorded 3 interview with M., she told you that Jeffrey Epstein 4 preferred to receive massages from girls between 18 and 20 years old? A. I recall her slating, "The younger, the 7 better," but I don't recall that he prefers girls 8 between 18 and 20. 9 Q. Will augrce with me that if the tape 10 recording of interview with you reports that as a 11 statement made by her, that the tape recording would be 12 the most accurate source of what she told you back in 13 early October 2005? 14 MS. ARBOUR: Form. 15 MR. GARCIA: Do you have the tape recording to 16 play, because my understanding is that's under FRI 17. control. 18 MR. WEINBERG: asking questions about 19 whether or not it included — 20 MR. GARCIA: Without playing the tape 21 recording, I think it's an unfair question. 22 MR. WEINBERG: You can object. I'll ask it. 23 THE WITNESS: If the recording indicated? 24 BY MR. WEINBERG: 25 Q. That III. told you in early October of 2005, Page 523 1 THE WITNESS: Oh-huh. 2 BY MR. WEINBERG: 3 Q. Did you ever interview n woman named M.? 4 A. I attempted it, and I don't think she ever 5 returned my calls. 6 Q. Did you cvcr go to her house? A. Let me think. I may have. I mean, I can't 8 recall if I went to her house or not, but I know I 9 telephoned her and I never got any call back from her. 10 Q. Did you, dining this investigation, ever, 11 yourself, go to MySpace pages to conduct any background 12 investigation on the various women that you were 13 proffering to the State Attorney as reliable witnesses? 14 MR. GARCIA: Objection, asked and answered. 15 MS. ARBOUR: Joined. 16 THE WITNESS: Again, I looked at them when 17 they were turned over, but no, l didn't. 18 BY MR. WEINBERG: 19 Q. I'd ask you to look at page 65 of the incident 20 report, paragraph 4, and see if that refreshes your 21 recollection. 22 A. Yes, I did. 23 Q. And do you recall just how you accessed 24 MySpace? Did you run through a list of all your 25 witnesses and saw whether or not certain of them had 7 (Pages 'PROSE COURT REPORTING.AGENCY, INC.. Electronically signed by Jeana Ricciuti (601M Electronically signed by Joana Rlcciu0 (601 520 to 523) bdcd1876c72e-432d-13cf0-b19no6561291 EFTA00298347 Page 524 Page 526 1 2 A. Correct. 3 Q. And you concluded that -- ifs all redacted 4 hero, but it looks like 10 or 12 of your witnesses had 5 6 A. Correct. 7 Q. And did you download the infonnaticm from 8 these MySpace pages into sonic evidentiary format? 9 A. I believe either I printed them or I might 10 have viewed them and made reference of it, that 11 they had a MySpace page. 12 Q Did you ever study the contents of the MySpace 13 page? 14 15 16 17 18 19 20 21 22 23 24 25 MySpace pages? MYSPoce Pages. A. The ones that were viewable, 1 looked at. Thu ones that weren't, eventually they all became private. Q. And the ones that were viewable, did you identify certain of your witnesses as including in their MySpace page evidence that they were involved in the use of drugs? A. I recall pictures of like a marijuana leaf, comments made of being high when the photo was taken and some alcohol use. I remember that as well. Q. And did you include those obsavations in your incident report that ultimately would have gone to the State Attorney to assist the State Attorney in assessing 1 Beach, Mr. Epstein? 2 A. Yes. 3 Q. And the question is: You went on MySpace, you 4 looked at certain pages that reflected at least some of 5 your witnesses who were not only using drugs but 6 bragging about using drugs publically and publishing 7 pictures or references to themselves as drug users, 8 correct? 9 A. On the MySpace page, right. 10 Q. Right. Did you do anything else, as an 11 experienced investigator, to try to determine by 12 through the investigation into the background of any of 13 the witnesses? 1 4 A. I believe I checked than under the local 15 systems to see if they had been arrested. I did like a 16 criminal background check on them and the sworn taped 17 statement that we took as well. 18 Q. October 20th you went to Mr. Epstein's home 19 with a group of others; is that correct? 20 A. Uh-huh. 21. MR. PIKE: Yes? 22 THE WITNESS: Yes. 23 BY MR. WEINBERG: 24 Q. And you went there with a search warrant — 25 A. Correct Page 525 1 the credibility of the people that you were proffering 2 to them as witnesses? 3 A. Did I include those in with the State I Attorney? I believe they had them by then. That was the winter of '05, '06. 6 Q. But this was an independent review of MySpace 7 that was not related to what Professor Dershowitz gave the State Attorney; this was something you were reporting that you did on your own, correct? 10 A. I tray have done it on my own to view it myself 11 after learning from the State Attorney's office. I'm 12 not —I can't recall if I did it totally on my own or 13 when I first heard of the MySpace pages, J researched it 14 myself to view it myself. 15 Q. Did you do anything other Than look at MySpace 16 pages to try to assess the credibility of any of your 17 witnesses based on what you could learn about them from 18 other people? In other words, you were essentially 19 proffering to the State Attorney certain statements that 20 had been made to you regarding what occurred on El 21 Milo Way, correct? 22 A. Uh-huh. 23 Q. And you were relying on those statements and 24 their detail as a basis for asking the State Attorney to 25 bring a criminal prosecution against a residence of Palm Page 527 1 Q. — correct? And in the search warrant, you 2 requested the authority to seize all computers, all 3 equipment, any discs, any DVDs, any media, correct? 4 A. Uh-huh. 5 MS. ARBOUR: Form, asked and answered. 6 THE WITNESS: Correct. 7 BY MR. WEINBERG: 8 Q. And you seized whatever you found there, 9 correct? 10 A. Yes. 11 Q. And you, yourself, looked through what you could look through and asked your forensic people to :3 look through what you couldn't look through; is that 14 correct? 15 A. That is correct. 16 Q. And as a result of the search and seizure, 17 there was no picture of Jane Doe 103 that was seized, 18 correct? 19 A. That's correct. 20 Q. And there was no camera that was found in the 21 massage room, no coven camera found in the second floor 22 massage room of the Epstein home, correct? 23 MS. ARBOUR: Form. 24 THE WITNESS: No, we did not find a camera 25 that day, no. ccers 1/4.-7,- a -2-- ,44.4aredeSev*......-4t-YeetSiers, Mr-nteaf J 8 (Pages 524 to 527 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana IlIcciutl (601 Electronically signed by Jeans Riccluti (601 bded1876-c726-432da-f041 9666661291 EFTA00298348 Page 529 Page 530 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 BY MR. WEINBERG: 2 Q. The only camera you found was the camera that 3 you knew about from your 2003 investigation, the one 4 that was in the clock aimed at Mr. Epstein's desk and 5 the second camera that was in the garage, correct? 6 A. We found, yes, the second camera in the 7 garage- • 8 Q. Did you ever, on any other day, find any 9 camera other than the cameras you, yourself, installed 10 in 2003 and the camera that Mr. Epstein pointed out to 11 you in 2003 from the lint floor area? 12 A. No, we didn't see — we didn't find any other 13 cameras. 14 Q. And you had only been to his house, twice; is 15 that correct? Once — 16 A. The day of the search warrant and the day that 17 I assisted by putting the cameras. 18 Q. You never went back in and altered his home 19 after October 20, 2005, did you? 20 A. No. 21 Q. Do you know of any audio or wire electronic 22 interceptions that were directed against Mr. Epstein or 23 his residence at any time by anyone? 24 A. No. 25 Q. There were certainly none that was connected 1 THE WITNESS: Yes. 2 BY MR. WEINBERG: 3 Q. At any time prior to that, did Jane Doe 103 4 ever call you and say that she was concerned about an 5 investigator? 6 A. Yes. 7 Q. And did she call — do you recall when she 8 called you? Before or after the service of the 9 subpoena, if you remember? 10 A. It was before. 11 Q. And did she call you at night or in the day 12 time? 13 A. I believe she called me in the evening time 14 and left me a voice mail, and I returned her call in the 15 morning. 16 Q. And when she left you a voice mail, where 17 would she have called, into the office, or... 18 A. Into the Police Department. 19 Q. Did she have your cell phone number? 20 A. I had provided the victims with a cell phone 21 number, yes. 22 Q. Was that a cell phone number that you carried? 23 A. Uh-huh. 24 Q. Was it one of several cell phones you carried? 25 A. Yes. I I Page 529 1 to your State investigation? 2 A. No. 3 Q. So nobody under your command was outside his 4 house at any time trying to intercept telephone 5 communications of any kind? 6 MS. ARDOUR: Form, asked and answered. 7 BY MR. WEINBERG: 8 Q. Is that right? A. Not to my knowledge, no. Q. And not to your knowledge, did anybody try to intercept electronic communications, e-mails, any other form of communication emanating from either his residence or any Internet service provider? MS. ARBOUR: Form, asked and answered. THE WITNESS: No. BY MR. WEINBERG: Q. Do you recall that during the course of your investigation, before you ended up drafting your May 1st affidavit, there was a decision made to conduct a grand jury? A. Yes, a couple of times. Q. Whether it was March or April, a subpoena was served on Jane Doe 103 by yourself in Tallahassee, correct? MS. ARBOUR: Form, asked and answered. Page 531 1 Q. Was it a cell phone that was paid for by the 2 Palm Beach Police Department? 3 A. I believe 1 was paying for that one. 4 Q. Was there a second cell phone — A. Here's the thing: The Town was offering us a 6 stipend onto a cell phone. I had, prior to that, a few 7 months left on another cell phone to the end of 8 contract. So fora time period there I carried two 9 phones until the contract expired, and at which time I 10 shut off that service and then just used the — 11 Q. The phone left was the one that the Town was 12 offering you a stipend? 13 A. Yes. 14 Q. And by the Town," do you mean the Palm Beach 15 Polka Department? 16 A. Palm Beach Police Department. 17 Q. And this was the nut that you began to give 18 out to different witnesses — 19 A. That is correct. 20 Q. — not only in this case but in other cases? 21 A. Correct. 22 Q. Is that a — do you get copies of the cell 23 records that are connected to that phone or do they go 24 directly to the Palm Beach Police Department? 25 A. No, 1 receive the bill, but it's not an 9 (Pages 528 to 531) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (801 Electronically signed by Jeana Rlcciull (601 bdcd1875-8728-4328-8810-819866661291 EFTA00298349 Page 532 1 itemized bill. It's just a regular bill. I pay it and 2 I shred it. 3 Q. You pay it, you shred it and then you get 4 reimbursed by the Town -- 5 A. The Town offers -- 6 Q. -- a flat sum before — A. -- a flat sum, a monthly sum. 8 Q. And with which service provider is that? 9 A. AT&T. 10 Q. And can you give us the number of the cell 11 phone that Jane Doe 103 -- that you would have given to 12 Jane Doe 103 or other witnesses during this time period? 13 A. Hold on one second. 14 MS. O'CONNER: Were going to object. If you 15 don't want to raise this issue in terms of the cell 16 phone records on the motion to compel that's 17 pending, we can address it with the court. 18 MR. PIKE: les noted. 19 MS. CYCONNER: We raised a number of statutory 20 objection to producing information regarding his 21 cell phone. 22 BY MR. WEINBERG: 23 . How about e-mails? You mentioned 24 [sic]. 25 A. That's correct Page 534 1 Q. To any State Attorney? 2 A. Nope. 3 Q. To anyone associated with the investigation of 4 Jeffrey Epstein? 5 A. Norte. 6 Q. Same question for your cell phones: I assume 7 you have a cell phone other than the cell phone that you 8 receive through the Palm Beach PD stipend. 9 A. No. This is the only phone I use. 10 Q. And that's the phone that's subject to the 11 separate inquiry. 12 How about reimbursing expenses? When you have 13 expenses in connection with, for instance, the Epstein 14 investigation, would there be a record of those 15 expenses? 16 MS. ARBOUR: Form. 17 THE WITNESS: We are given investigative funds 18 to utilize an investigation, and sometimes -- 19 BY MR. WEINBERG: 20 Q. Who would give you the funds? 21 A. — sometimes the funds is issued by the 22 Detective Bureau sergeant. 23 Q. Would they give you a flat amount and leave to 24 your discretion the utilization of that amount? 25 A. No. The maximum I think they give you is Page 533 1 Q. Is that an account that you paid for or that 2 the Palm Beach Police pays for it? 3 A. The Palm Beach Police pays for it. 4 Q. Are the copies of your e-mail on the server of 5 the Palm Beach Police Department? 6 A. Yes. 7 MR. PIKE: Can we go off the record for a 8 second? 9 MS. OtONNER: Yes. 10 (Discussion held off the record.) 11 BY MR. WEINBERG: 12 Q. So the e-mail is [sic]. 13 Do you have a separate e-mail account, a personal e-mail 14 account as contrasted to a public e-mail account? 15 A. I do, but that's — lust that for my family 16 and nothing work-related. 17 Q. So it's your representation that none of the 18 witnesses in this case ever e-mailed to you to your 19 personal e-mail? 20 A. Never. 21 Q. And no communications front your personal 22 e-mail to Chief Reiter? 23 A. No. 24 Q. To the FBI? 25 A. Nopc. Page 535 1 $200, and that's to be utilized if you're going out of 2 County to pay for gas or if you run into a situation 3 with a flat tire, to get a tire replaced or repaired, 4 that kind of thing, providing you get a receipt — 5 Q. What about, you do things on video 6 surveillance and you have to continue to buy new 7 equipment to film the 24 hours a day of comings and 8 goings of a residence; would there be records of those 9 purchases? 10 A. For equipment? 11 Q. Yes. 12 A. I'm sum there would be. I don't recall any 13 purchases. 14 Q. How about travel, did you do any travel in 15 connection with the Epstein investigation? 16 A. Up to Jacksonville, Tallahassee, all within 17 State. You know, we didn't leave. • 18 Q. You didn't have to travel to New York or to 19 any other location? 20 A. No. 21 Q. Did you ever contact any law enforcement 22 officers in any other jurisdiction with the exception of 23 this meeting with Special Agent Ortiz and other agents 24 of the FBI? 25 MS. ARBOUR: Form. 10 (Pages 532 to 535) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Moduli (601 Electronically signed by Jeana RIcduti Mit bdcd1878-c720-432d-8cf0-b19ae656129t EFTA00298350 Page 536 Page 538 1 THE WITNESS: I think, during the 2 investigation, I telephoned New Mexico to see if 3 there was any incidences involving the ranch that 4 Mr. Epstein owns. 5 BY MR. WEINBERG: 6 • Q. And what did you learn? 7 A. It was a huge ranch, but they didn't have 8 anything documented. 9 I believe I also called the NYPD to see if 10 they bad any incidences involving Mr. Epstein up in New 11 York. 12 Q. What did you leant? 13 A. They had nothing on file after numerous phone 14 calls up there, once someone returned your call. 15 believe that was it. 16 Q. When you went to Tallahassee to serve the 17 grand jury subpoena to Jane Doe 103, that was a subpoena 18 that required her attendance, was it not? 19 A. Yes. 20 Q. It was fora given date to come to West Palm 21 Beach and to appear in front of a grand jury being 22 conducted by the State Attorney? 23 A. Yes. 24 Q. Did you and her have any conversations 25 regarding that subpoena and her compliance obligations? 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 correct? . A. I believe so. 1 documented it in the incident report Q. But, in fact, nobody got taken care of; nobody over got banned in this case, did they? MS. ARBOUR: Form. THE WITNESS: Not that I'm aware of, no. BY MR. WEINBERG: Q. And there's no evidence that you're aware of that any persons were paid large sums of money not to cooperate with you, correct? MS. ARBOUR: Forrn. THE WITNESS: Not that I'm aware of. BY MR. WEINBERG: Q. So this is simply Jane Doe 103 telling you what said, and that was said to you on this occasion where she received a grand jury subpoena, right? A. Yes. Q. Did you ever interview A. I know that Jane Doe 103 didn't want to pursue the natter any further. I know I forwarded that information to a, and I also subpoenaed ='s cell phone records, which indicated phone calls to Jane Doe 103 when she indicated she did get the Page 537 1 A. I'm trying to recall what we discussed. 1 2 served her with a subpoena and instructed her to call 3 the phone number that was on there to make arrangemans. 4 Q. How long were you with her in Tallahassee on 5 this occasion? 6 A. I'd say about 40 minutes, 50 minutes. 7 Q. And did you decide that you were to be the 8 person to save the subpoena as contrasted to any of the 9 different people working under or with you? 10 A. Yes, I am the one who served the other search 11 warrant — subpoenas. 12 Q. So you served ull of the subpoenas? 13 A. Uh-huh. 14 Q. And was that the only reason to go to 15 Tallahassee that day? 16 A. I spoke to her also regarding some phone calls 17 that she had received which she felt was threatening in 18 nature. 19 Q. And what were the results of those 20 conversations? 21 A. She had received a phone call from =, 22 indicating to her that those that are with Mr. Epstein 23 will be compensated and those that go against him 24 basically would be dealt with. 25 Q. We're talking about March or April of 2006, Page 539 1 threatening calls. 2 Q. But did you ever — did_. ever get asked 3 whether or not that was a statement that she had made to 4 Jane Doe 103? 5 A. No, I didn't, again, bes tise Jane Doe 103 did 6 not want to pursue the matter. 7 Q. So at no time WES - did testify 8 or provide you with anarroboration from Jane Doe 9 I03's allegations that had conveyed some sort of 10 threat to her, correct? 11 A. Again, l didn't speak to 12 Q. Nor did anyone else in the Palm Beach Police 13 Department, to your knowledge? 14 A. No, except for that one time I tried to 15 interview her at her boyfriend's job. 16 Q. Nor did any State Attorney, to the best of 17 your knowledge? 18 A. No, not that I'm aware of. 19 Q. Now, this was the last time you saw Jane Doc 20 103? 21 A. I believe there was — there were two grand 22 jury subpoenas. Yes, this would have been the last time 23 I met with her. 24 Q. Did you reserve her for the second, the summer 25 grand jury? 11 (Pages 536 to 539) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Riccluti (601a Electronically signed by Jeana Rlcciull (801 bdcd1876c720-4328-8c10-b19ae6561291 EFTA00298351 Page 540 1 A. The second time, I provided the State where 2 they could serve the subpoenas. 3 Q. And to your knowledge, was she served a second 4 time? 5 A. I have no knowledge. 6 Q. Do you recall any conversations with her 7 regarding that the second grand jury conflicted with her 8 school schedule? 9 A. That is correct, yes. 10 Q. But that was in response to her receiving a 11 subpoena? 12 A. Yes. I went to Tallahassee, correct 13 Q. So you went to 'fallahassee a second time? 14 A. Yes. 15 Q. To serve her with a second subpoena? 16 A. I think the trip — Pm confining the trips. 17 There was a trip that I went up to Jacksonville to 18 interview her. The second time I went up to see her, ii 19 was in Tallahassee. That one time that I went up there 20 to save her, we discussed the issue, but I 21 didn't go back the third time. 22 Q. Somebody else served her, to your knowledge? 23 A. It would have been the State Attorney's 24 office. 25 Q. And as a result of her being served a second 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 542 A. Yes. I was there. Q. In response to a subpoena, correct? A. Yes. I was there. Q. And did you know whether or not she had bad any conversations with anyone other than you about her belief that her finals needed to be attended to rather than a grand jury subpoena? A. That she — Q. In other words, did you ever speak to the State Attorney that she had gotten a pass on appearing in front of the grand jury because of her school schedule? A. Oh, I have no idea. Q. All you do know is that the State Attorney was waiting for her and she didn't come? A. I don't know if she was waiting for her, Q. Didn't they expect her to appear and testify in response to the subpoena and she failed to appear that day? A. Again, I don't know the conversations that she had with the State Attorney's office. I do know that she relayed that information to me. I told her to relay that information to the State Attorney's office. I was — Page 541 1 time, did she have a conversation with you regarding the 2 second subpoena's conflicting with her finals schedule? 3 A. Correct 4 Q. And she made a phone call to you to complain 5 about the service? 6 A. Correct. 7 Q. And what was the conversation between Jane Doe 8 103 and you on that occasion? 9 A. It was finals week and she could not leave and 10 not take her final to come down for the grand jury. I 11 recommended that she contact the State Attorney's office 12 and make recommendations through the State Attorney's 13 office. 14 Q. And did you have any followup with her to see 15 if she had been formally excused from the grand jury by 16 the State Attorney? 17 A. No, 'did not 18 Q. Did you leant that she didn't show up at the 19 grand jury? 20 A. Yes. 21 Q. Did you learn that she had not been excused by 22 the State Attorney? 23 A. I don't think she officially came out and told 24 me that she was not excused. 25 Q. But you do know that she failed to appear? Page 543 1 Q. Did you empathize with her conflict? 2 A. Absolutely. 3 Q. And did you in any way tell her that, I 4 understand that your finals are important and you should 5 tell the State Attorney that you can't come? 6 A. I explained to her that she needed to contact 7 the State Attorney's office and make arrangements 8 through the State Attorney's office. 9 Q. You encouraged her to get excused front the 10 grand jury subpoena? 11. MS. ARBOUR: Form 12 11IE WITNESS: I reconunended that she contact 13 the State Attorney's office and let her know what 14 was going on as far as her finals. 15 BY MR. WItINI3ERG: 16 Q. And whether she did or didn't, you have no 17 knowledge? A. No, but I was present during the entire grand 19 jury, so l blew she wasn't — 20 Q. That she didn't come? 21 A. (Non-verbal response). 22 And you don't recall any conversation where 23 or any State Attorney informed you that she had 24 authorized Jane Doe 103 not to comply with the grand 25 jury subpoena? PROSE COURT REPORTING AGENCY, Electronically signed by Jeans Ricciuti (601 Electronically signed by Jean. Ricciutt (601 12 (Pages 540 to 543) INC. bdcd1876.c72o 432cI.8cf0-b19ao656129f EFTA00298352 Page 544 1 A. No, 1 don't recall any of those conversations. 2 Q. Toll records, you examined some toll records 3 in this case, did you not, telephone toll records? 4 A. Do you mean itemized records? 5 Q. Yes. 6 A. Yes. 7 Q. And, for instance, you told us there was a 8 record between Jane Doe 103 and 9 A. Uh-huh. 10 a And there were records between.. and 11 correct? 12 A. Correct. 13 Q. And it's fair to say that those toll records 14 establish connections between two phones, correct? 15 A. That is correct 16 Q. They don't tell you who was on either end, do 17 they? 18 A. No. 19 Q. They don't tell you the content of the call, 20 correct? 21 A. No. 22 Q. They tell you how long the call was and phone 23 numbers connected, but not the content of the call, 24 correct? 25 A. No, not the content. Date and time. Page 546 1 now, Sergeant Dawson, but back then it was Detective 2 Dawson. 3 Q. Were you a participant in that second 4 investigation — 5 A. Yes. 6 Q. -- that has a separate case number, an 7 '06 number instead of an '05 number? 8 A. Correct 9 Q. And that investigation lasted until when? 10 A. Not very long. It lasted up to when the Feds 11. came in and basically took over. 12 • Q. Again, I think you said the last time when the 13 FBI comes in, it becomes a one-way street? 14 A. That is correct. 15 Q. And that's been your 20-year experience as a 16 State law enforcement officer? 17 A. Correct 18 Q. And yet, this case, ironically, the Feds were 19 invited in by you and Chief Reiter, correct? 20 MS. ARBOUR: Form. 21 THE WITNESS: Correct. 22 BY MR. WEINBERG: 23 Q. And this Is the first time you've invited the 24 Feds into a State investigation? 25 A. I've been a participant in other I Page 545 3. Q. Anywhere in your investigation, were you ever 2 a participant in or hear any phone calls between any of 3 the witnesses in this case? 4 A. In other words — 5 Q. Let me ask it another way. Did you ever, in 6 any way, receive a to recording of any telephone call 7 engaged in by 8 A. No. 9 Q. And certainly never received or heard a tape 10 recording of Jeffrey Epstein, correct? 11 A. No. 12 Q. Or anyone else who was associated with the la 13 Brftlo residence, correct? 14 A. No. 15 Q. The only evidence you have of what transpired 16 during any call is the message pad and what somebody 17 told you happened during a call, correct? 18 MS. ARBOUR: Form. 19 THE WITNESS: And the toll records. 20 BY MR. WEINBERG: • 21 Q. And the toll records. Okay. 22 Now, after the grand jury returned a charge 23 against Mr. Epstein, you conducted a followup 24 investigation, did you not? 25 A. The followup investigation was initiated by, 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 547 investigations where the Feds have come in and worked . with us, and Pve assisted than in — Q. Sure. But this is the first case where you've conducted an over-one-year State investigation of an offense that occurred at a residence in Palm Beach and that the chief of police of your department brought this case to the Federal government; is that correct? MS. ARBOUR: Form. THE WITNESS: Like I said, we've worked with the FBL Is that what you're trying to get at, in the past? BY MR. WEINBERG: Q. Bringing the case to the FBI, this is what's unusual in this case is the chief of police not accepting the charged decisions made by the State Attorney, brought this investigation over to the United States Attorneys office. That's a first for you, isn't it? MS. ARBOUR: Form. THE WITNESS: There were many firsts in this case. BY MR. WEINBERG: • Q. This was one of them? MS. ARBOUR: Form, asked and answered. THE WITNESS: There was — 13 (Pages 544 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricclull (601 to 547) bdcd1876-67243-43241-8cf0-b19666661291 EFTA00298353 Page 548 1 MS. O'CONNER: Is there a question pending? 2 MR. WEINBERG: Yes. 3 BY MR. WEINBERG: 4 Q One of the firsts in this case was that this 5 was the first time that your chief of police brought the 6 case to the Federal government after a year of State 7 investigation, correct? MS. ARBOUR: Form, asked and answered. 9 THE WITNESS: I believe so. 10 BY MR. WEINBERG: 11 Q. Now, Mr. Epstein stays at El Brillo, and hes 12 there on a periodic basis, at least until this case 13 ended up in the Criminal Justice System, correct? He 14 would come there at times and be absent at times, 15 correct? 16 A. Yes. 17 MS. ARBOUR: Form. 18 BY MR. WEINBERG: 19 Q. And the investigation began in March; is that 20 right? 21 A. Yes. 22 Q. And there was an allegation made bye, and 23 resulted horn a phone call by her parents, correct? 24 MS. ARBOUR: Form, asked and answered. 25 THE WITNESS: Yes. Page 550 1 allegation, there was no attempts to charge Mr. Epstein 2 or arrest Mr. Epstein in March, April, May, June, July, 3 August and into September of 2005, correct? 4 A. Correct. 5 Q. And then you picked up this case in late 6 September of 2005, correct? 7 A. Correct. . 8 MS. ARBOUR: Form, 9 BY MR. WEINBERG: 10 Q. And you interviewed M. in the first week of 11 October 2005, correct? 12 MS. ARBOUR: Form, asked 13 THE WITNESS: Correct. 14 BY MR. WEINBERG: 15 Q. And.. gave you certain corroborating_ 16 information that confirmed the information that.. had 17 given you about their joint visit In early '05 to 18 Mr. Epstein's home? 19 A. Correct. 20 Q. Correct? 21 That led to a request for a search warrant 22 rather than a request for an arrest warrant, correct? 23 A. Correct. 24 Q. And surveillance continued on Mr. Epstein's 25 home on occasion when you knew he was in town? asked and answered. and answered. Page 549 1 BY MR. WEINBERG: 2 Q. And then there were trash pulls that, in some 3 respects, were believed to included objects that you 4 thought were reflective of anal sex, correct? 5 MS. ARBOUR: Form, asked and answered. 6 THE WITNESS: Yes. 7 BY MR. WEINBERG: 8 Q. Yet, there was no attempts to arrest 9 Mr. Epstein in April of 2005, were they? 10 A. Again, that was when Detective Pagan had that 11 case. 12 Q. I'm not being critical of you. 13 A. No, I'm just saying I don't know. I don't 14 know back then what she did. 15 Q. Well, you have access to her case file, do you 16 not? 17 A. Right. 18 Q. And you, in fact, on September 22nd, asked 19 that the case file be provided to you so that you, as an 20 experienced investigator, could kern from the history 21 of this case, correct? 22 MS. ARBOUR: Form, and asked and answered. 23 THE WITNESS: Correct. 24 BY MR. WEDIBERG: 25 Q. And you knew for six months following the E. Page 551 1 A. Yes. 2 Q. And trash pulls continued, correct? 3 A. Correct. 4 Q. And your investigation disclosed that the 5 youvrwomen going to his home were more than just 6 and M., correct? 7 A. Correct. 8 Q. And yet there was no arrest warrant in October 9 or November or December brought against Mr. Epstein, 10 correct? 11 A. Correct 12 Q. And no attempt to initiate a criminal charge 13 against him through the end of the year 2005? 14 A. Correct. 15. Q. In the beginning of 2006, you continued to 16 conduct interviews of women, including.., correct? 17 MS. ARBOUR: Form, asked and answered. 18 THE WITNESS: Yes. 19 BY MR. WEINBERG: 20 Q. You continued to do garbage pulls, correct? 21 A. In 306,1 don't know if we continued to do 22 trash pulls. 23 Q. You continued to do surveillances, on 24 occasion, of Mr. Epstein's home? 25 A. On occasion, I believe. 14 (Pages 548 to 551) PROSE COURT REPORTING AGENCY, .INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricciuti (801 bdecH878.c72s-432d-ttcf0-b19ao5581291 EFTA00298354 Page 552 t'". - 1 Q. Studied the results of the seizures of 1 reporters and media broadcasters? 2 October 20th to try to augment your investigation? 2 MS. ARBOUR: Fenn. 3 MS. ARBOUR: Form. 3 THE WITNESS: I wasn't privy on who he —1 4 THE WITNESS: We went through the evidence 4 mean, obviously, he's — 5 collected, if that's what you're trying to get at, 5 BY MR. WEINBERG: 6 Yee- 6 Q. He's the chief. 7 BY MR. WEINBERG: 7 A. — hers the chief, you know. 8 Q. And yet the first time you executed a probable 6 Q. You're the detective. 9 cause affidavit was May 1,2006, correct? 9 A. Exactly. 10 MS. ARBOUR: Form, asked and answered. 10 Q. Let me run through a couple of additional 11 THE WITNESS: Correct. 11 investigators and see whether you actually have ever had 12 BY MR. WEINBERG: 12 conversations with them, and if you have, then follow it 13 Q. And the first time Mr. Epstein was charged was 13 up with whether those conversations addressed any part 14 late in the summer or during the summer of 2006 by the 14 of this communication. 15 turn of an indictment for solicitation by the grand 15 Richard Fandrey? 16 jury, correct? 16 A. No. 17 A. Correct. 17 Q. Kenneth Jenne? 18 Q. Now, have you ever spoken to any reporters 18 A. Na 19 from outside the Palm Beach area — 19 Q. Patrick Roberts? 20 MS. ARBOUR: Form, asked and answered. 20 A. Na 21 BY MR. WEINBERG: 21 Q. Christina Kitterman? 22 Q. — regarding Mr. Epstein? 22 A. Uh-uh. 23 MS. ARBOUR: Same objection. 23 Q. Michael listen? 24 THE WITNESS: No. I know we received a lot of 24 A. No. 25 phone calls. We received a lot of phone calls from 25 Q. And again, do you have any knowledge that Page 553 Page 555 1 different reporters. 1 several of these investigators went to Mr. Epstein's 2 BY MR. WEINBERG: 2 property and entered it at or around 10:00 to 10:30 on 3 Q. Do you know whether or not Mr. Reiter was in 3 March 17,2010, dressed in black and leaving in a 4 touch — former Chief Reiter was in touch with various 4 vehicle registered to an investigator named Richard 5 reporters? 5 Fandrey? 6 A. I don't believe so. 6 MS. ARBOUR: Form. 7 Q. Did he talk to you about having been 7 THE WITNESS: No, sir. 8 interviewed by Mr. Connolly from Vanity Fair? 8 BY MR. WEINBERG: 9 A. Not that I'm aware of 9 Q. Do you have any knowledge that there was 10 Q. Did he talk to you about being interviewed by 10 surveillance of an entry onto Mr. Epstein's property by 11 anyone from the New York Daily News? 11 private investigators connected to this case on any 12 A. No. 12 occasion? 13 Q. New York Post? 13 A. No, sir. I was under the assumption that 14 A. No. 14 Wackenhut was still protecting the property. 15 Q. New York Tunes? 15 Q. After Mr. Epstein entered his plea and began 16 A. (Non-verbal response). 16 his service of his sentence, did you receive any 17 Q. Any other magazine? 17 followup requests for you to conduct investigations of 18 A. No, sir. 18 him? 19 Q. Any local reporters from the media here? 19 A. Again, I received a phone call from 20 A. Not that I'm aware of. 20 Mr. Edwards pertaining to a victim that was not in the 21 Q. TV broadcasters looking for news about 21 original report I referred him over to the FBI. 22 Mr. Epstein? 22 Q. Did anyone in the FBI ask you to conduct any 23 A. Not that I'm aware of. 23 followup investigation of Mr. Epstein? 24 Q. Would it surprise you if there was e-mail 24 A. No. 25 traffic between Chief Reiter and some of the local 25 Q. And that includes the time he was in jail? 15 (Pages 552 to 555 PROSE COURT REPORTING AGENCY, INC.' (561) 832-7506 Electronically signed by Jeana Moduli (601 Electronically signed by Jeana Moduli (601 bdcd1876-c720-432d-8cIO-bleae6561291 EFTA00298355 Page 556 Page 558 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 A (Non-verbal response). 2 Q. The time he was on work release, no request? 3 A. None. 4 Q. The time he was on probation, community 5 control? 6 A. No. 7 Q. So you've never received an FBI request to, in 8 any way, investigate Mr. Epstein? 9 A. No. 10 Q. Surveille Mr. Epstein? 11 A. No. 12 Q. Report to them any of your knowledge of 13 Mr. Epstein's ongoing conduct? 14 A. No. 15 Q. Same question for the US Attorney's office: 16 Have they ever initiated a call to you at any time after 17 Mr. Epstein went to jail asking you to do anything in 16 connection to their ongoing investigation of 19 Mr. Epstein? 20 A. Absolutely not. 21 Q. And what about Probation? Has Probation ever 22 asked you to initiate any surveillance or investigation 23 of Mr. Epstein? 24 A. No. Aside from that ono day that I saw him 25 walking on the — along South Ocean Boulevard, that was 1 Probation Department? 2 A. As far as I'm concerned, yeah. As far as I 3 know. 4 Q. On that occasion, he was how far from his home 5 when you saw him? 6 A. From El Brillo to Clark and the ocean, fd say 7 about a mile, mile and a half. 8 Q. And Clark is north of El Brillo? 9 A. Yes, north of Royal Palm Way. Io Q. And in other words, coming this way from 11 Mr. Epstein's house, from south to north? 12 A. Yes. 13 Q. Right? 1 4 A. Yes. 15 Q. And Mr. Epstein's office is north of his 16 house, correct? 17 A. Northwest. 18 Q. Northwest, so north and then west. You'd have 19 to go over a bridge, right? 20 A. Right. 21 Q. And the bridge that's closest to his office is 22 north of his house? 23 A. Actually, this one right here, Okeechobee. 2 4 Okeechobee Boulevard right here. 25 Q. So he would go over Okeechobee Boulevard and Page 557 1 it. That was the only — and I didn't even contact 2 Probation. I believe Captain Frick (phonetic) is the 3 one who contacted Probation and something Sloan 4 (phonetic). Q. Are you aware of any — putting yourself aside and putting this ono incident aside, arc you aware of the Palm Beach Police Department having any ongoing role in the investigation of Jeffrey Epstein? A. As far as today? Q. Yes, as of today. A. No. Q. How about at any time over the past year, starting with the time he was out on work release and thereafter on commtmity control — A. There did no — Q. — house arrest? A. — investigation, not that I'm aware of. Q. Is the one occasion the only time that you or anyone working with you spoke to Probation about Mr. Epstein's ongoing activities? A. That was the only time I think — Q. That you were involved? A. Yes. Q. And is it the only time that you are aware that anyone else has had communications to and from the Page 559 1 end up at his office, and Clark is between El Brillo and 2 Okeechobee Boulevard, correct? 3 A. Actually, Clark is north of Okeechoboo 4 Boulevard. 5 Q. So is there a second bridge just to the north 6 of Okeechobee? 7 A. Yes, there is a north bridge. 8 Q. What's the name of that bridge? 9 A. The North Bridge. 10 Q. And that's a bridge that comes west from Rahn 11 Beach? 12 A. Yes. 13 Q. And ends up in this community of offices that 14 includes Mr. Epstein's office? 15 A. If his office was in Mr. Goldberger's Office, 16 the quickest route would have been on Okeechobee. 17 Q. But one of the route — you have to get off 18 the beach, right? 19 A. Correct. 20 Q. And there's two bridges that are connecting 21 the beach to the Palm Beach financial district, one 22 being Okeechobee and one being the bridge to the north 23 of it? 24 MS. ARBOUR: Form, asked and answered. 25 THE WITNIZS: Right. There is one south, too, 16 (Pages 556 to 559) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Riceluti (601 Electronically signed by Joana Ricciutl (601 bdcd1B76-c726A32d•Be10-b19aa666129f EFTA00298356 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 560 1 fin sorry. I didn't want to just make you think 2 there was only two bridges. 3 BY MR. WEINBERG: 4 Q. That's way south. 5 A. That's southern. 6 MS. ARBOUR: Objection, form. 7 BY MR. WEINBERG: 8 Q. You had a thumb drive that you gave to the 9 FBI? 10 A. Yes. 11 Q. And the thumb drive consisted of what? 12 A. The thumb drive consisted of photographs of 13 the victims, some of my supplements that were saved onto 14 the thumb drive. That was turned over to the FBI. 15 Q. Are those records that are on the thumb drive 16 also in the public records of the Palm Beach Police 17 Department, or were there additional — 18 A. Those were actually my personal thumb drives. 19 Q. Those were your personal thumb drives? 20 A. Yeah. 21 Q. Was everything on it also in the case file? 22 A. Yes. 23 Q. So the photographs are in the case file? 24 A. Yes. 25 Q. And these photographs came from driver's Page 562 1 residence — Mr. Epstein's residence? 2 A. I'm trying to think. I can't recall. it's 3 been a while since I've seen those. 4 Q. Was Ms... somebody that was interviewed by 5 you in '05 or '06? 6 A. It might have been'06 when I interviewed her. 7 Q. And she was one of the ova 18 people that — 8 A. Correct 9 Q. -- that you ended up interviewing in phase two 10 of your investigation of Mr. Epstein? 11 MS. ARBOUR: Fenn, asked and answered. 12 THE WITNESS: Yes. 13 BY MR. WEINBERG: 14 Q. And you interviewed about how many people that 15 told you they engaged in consensual adult activities 16 with Mr. Epstein? 17 MS. ARBOUR: Form. 18 THE WITNESS: It's tough to say. I don't 19 know, less than ten. I don't know. 20 BY MR. WEINBERG: 21 Q. And of the other people, taking Jane Doe 103 22 out and taking out the one other person who you 23 mentioned who had the digital penetration that stopped 24 when she withdrew, the other people told you that they 25 consented to go to Mr. Epstein's home, correct? 1 license photos of the different witnesses? 2 A. Driver's license photos and some of the 3 yearbooks that wore collected. 4 Q. Were there surveillance of Mr. Epstein's 5 residences? Have you seen than since September of 2005? 6 A. What do you mean *surveillances'? 7 Q. When you, assuming there were videos taken of 8 Mr. Epstein's residence -- A. Correct, yes. Q. — it showed the comings and goings of him? A. Correct. Q. And did you watch them? A. I saw some of than, yes. Q. And did it show any particular people going into Mr. Epstein's home that you identified? A. Yes, and she was subsequently interviewed as well. Q. And what was her name, if you remember? A. She was overage. Q. So she was one of the group of people that was over 18? A. Correct, and an aspiring model. She brought her portfolio ova and did some minor modeling at the house. Q. Anybody else seen on these videos entering a Page 561 Page 563 1 MS. ARBOUR: Form. 2 THE WITNESS: Well, what do you mean 3 "consented"? 4 BY MR. WEINBERG: 5 Q. They did so voluntarily. 6 MS. ARBOUR: Same objection. 7 THE WITNESS: Right. Nobody was bound and 8 gagged. 9 BY MR. WEINBERG: 10 Q. Not only bound and gagged, but they made a 11 decision that they were — 12 MS. ARDOUR: Form, asked and answered. 13 THE WITNESS: Right, they were going to go to 14 the house. 15 BY MR. WEINBERG: 16 Q. And they, one way or the other, drove to 17 Mr. Epstein's residence from wherever they lived or 18 worked? 19 MS. ARBOUR: Form, and asked and answered. 20 BY MR. WEINBERG: 21 Q. Is that correct? 22 MS. ARBOUR: Same objection. 23 THE WITNESS: Some of them took taxis. 24 BY MR. WEINBERG: 25 Q. Some of them got driven by friends and some oi 3 17 (Pages 560 to 563) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricclutl (601 Electronically signed by Joann RIcelutl (601 bdcd1876•c72es•432d 8cf0.b19806561291 EFTA00298357 Page sc..: 1 - them drove themselves, correct? 2 MS. ARBOUR: Form, asked and answered 3 THE WITNESS: Correct. 4 BY MR.. WEINBERG: 5 Q. And they all made a decision to drive their 6 cars or get into a taxi to be driven or to get into 7 their friends' cars to go to El Brine Way? 8 MS. ARBOUR: Form, and asked and answered 9 THE WITNESS: Correct. 10 BY MR. WEINBERG: 11 Q. They then told you, as a matter of routine and 12 practice, that they either were dropped off, parked 13. their cars and entered the first floor of Mr. Epstein's 14 home, correct? 15 MS. ARBOUR: Form. 16 THE WITNESS: Correct 17 BY MR. WEINBERG: 18 Q. They went inside and were greeted by someone 19 and often brought upstairs to the second floor, correct? 20 MS. ARBOUR: Form, and asked and answered. 21 THE WITNESS: Correct. 22 BY MR. WEINBERG: 23 Q. MI., for instance, when you interviewed her, 24 said that on her first occasion, she was taken there by 25 a Mend, went in the first floor door and was taken 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.. WEINBERG: Q. And that they would be paid for it? A. Yes. MS. ARBOUR: Form, and asked and answered. BY MR. WEINBERG: Q. M. also told you that she told them to represent themselves as 18 years old, correct? MS. ARBOUR: Form. THE WITNESS: I don't know if she said that they have to be 18, unless — if it's documented in the report, then it is. BY MR. WEINBERG: Q. At least some of the girls told you that, in fact, they told Mr. Epstein — they were directed to tell Mr. Epstein they were 18 and, in fact, they did? MS. ARBOUR: Form. THE WITNESS: I know that on several occasions, some of the girls said, you know, that they knew that Mr. Epstein knew that they were in high school, that they were asked what high school they attended, what grade they were in, that kind of thing. BY MR. WEINBERG: Q. And other girls, I iko M., told you that they were told that they needed to say they were 18, they 1 2 4 3 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 565 upstairs to the second floor, correct? A. Correct. Q. She told you she gave Mr. Epstein a massage, correct? A. Yes. Q. She told you Mr. Epstein perceived that she was uncomfortable giving him a massage? A. Yes. Q. And that Mr. Epstein told her she didn't have to or shouldn't — not didn't have to — strike that — but she wouldn't be asked to do what she was uncomfortable with a second time? MS. ARBOUR: Form. THE WITNESS: Correct. BY MR. WEINBERG: Q. thereafter, said that she brought six people to Mr. Epstein's home? A. Correct. Q. AndMold you that on each and every one of them, she told them precisely what they were going to be asked to do, which was to give a massage to Mr. Epstein in various states of undress, correct? MS. ARBOUR: Form, and asked and answered. THE WITNESS: Yes. Page 567 1 needed to represent themselves as 18 if asked, and that 2 she did represent herself to be an I8-year-old when she 3 made her single visit to Mr. Epstein's home in the early 4 part of 2005, correct? 5 MS. ARBOUR: Form, and asked and answered. 6 THE WITNESS: That's the interview that 7 Detective Pagan conducted. 8 Can I just have two minutes? 9 (A brief recess was taken.) 10 BY MR. WEINBERG: 11 Q. FBI agents, you had several meetings with them 12 after this meeting with Special Agent Ortiz? 13 A. T believe I had one more meeting with 14 Kirkendahl and someone else. 15 Q. Do you recall where that meeting occurred? 16 A. I believe it was at the US Attorneys office. 17 Q. In Palm Beach? 18 A. West Pah». 19 Q. West Palm? 20 And was that a meeting at which you reviewed 21 the evidence that you then collected pursuant to your 22 role as the case agent in charge of the '05 Epstein 23 case? 24 A. I believe I gave Agent Kirkendahl a summary of 25 the case. There was another agent in there, 1 can't 18 (Pages 564 to 567) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricciuti (601 bdcd11376-c729-432d4c10.b19844661291 EFTA00298358 Page 568 1 recall his name. 2 Q. Does Jason Richards ring a bell? 3 A. Jason came in after the fact, but there was 4 someone else in there. Jason wasn't present in that 5 meeting. 6 Q. And this was the second meeting, the first one 7 being with the Chief and Ortiz - 8 A. Correct. 9 Q. — and the other one being with Kidcendahl and 10 the second agent; is that correct? 11 A. Correct. 12 Q. And this meeting got more detailed in terms of 13 your giving the FBI agents, in essence, an overview of 14 the results of your State investigation? 15 A. Correct 16 Q. And did you give them evidence at this time? 17 A. I don't believe so. 18 Q. Did you review evidence with them? 19 A. I might have had with me a small case file 20 which had flight logs -- which had some of the flight 21 logs, that I may have shown them. 22 Q. And those would have been flight logs that 23 would have derived from where? 24 A. Mr. Dashowitz. 25 Q. Was Mr. Dershowitz brought the flight logs to Page 570 1 A. I signed it out on the 3rd and returned it on 2 the 4th. 3 Q. And what did you sign out on the 3rd? 4 A. Items No. 1 through 5, 8 through 12,5 through 5 I7, 20 to 22. 6 Q. And these were items that reflect evidence 7 that was seized on October 20th from Mr. Epstein's home? 8 A. Right. It would probably be the page right 9 before this one. 10 Q. And you checked it out on the 3rd and returned 11 it on the 4th because you wanted to view it with the 12 FBI; is that correct? 13 A. Correct_ 14 Q. And that's October 3, 2006, correct? 15 A. Correct. 16 Q. And if we then go back to what has been 17 separately admitted into evidence here — I don't recall 18 the exhibit number, but showing you what appears to 19 be a property receipt dated October 20th that has 20 numbers 1 through 58, and ask you whether or not those 21 four handwritten pages, numbered 1 through 58, arc the 22 log of evidence that was taken from Mr. Epstein's home 23 on October 20th, pursuant to your execution of the State 24 search warrant. 25 A. Correct. Page 569 1 the State Attorney? 2 A. Correct. 3 Q. And that was in connection with his efforts to 4 persuade the State Attorney that the State Attorney should reject the initiatives of the Palm Beach Police 6 Department for nue serious charges? 7 A. 1 believe so. 3 Q. And do you recall reviewing the message pads 9 at any time with the FBI agents? 10 A. I may have had some copies. Like I said, l 11 had a small case file; that I didn't bring the entire 12 case. I may have had some. 13 Q. And there would have been some report on the 14 chain of custody log regarding your having checked out 15 various exhibits to review and then retwn; is that 16 possible? 17 A. What I had was copies. 18 Q. So I'm showing you a supplement for a chain of 19 custody, a Palm Beach property receipt. And if you 20 would just refresh your recollection from the lower two 21 lines and see if that provides us with some reflection 22 regarding the review of evidence. 23 A. Correct. 24 Q. And what does that tell you now that your 25 memory is refreshed? Page 571 1 Q. And the numbers that appear on that inventory 2 log as having been checked out by you on the 3rd of 3 August correspond to the numbers that are on the 4 inventory from the search of October 20th, correct? 5 A. Correct 6 Q. And so it's clear from reading those two 7 documents together, that on October 3rd — strike 8 that — on August 3, 2006, you were reviewing with the 9 FBI the results of your search and seizure dating back 10 to October 20, 2005, correct? 11 A. Correct. 12 Q. And you were showing them things like message 13 pads, correct? 14 A. Correct. 15 Q. And you were informing them that the message 16 pads, in some respects, corroborated what you informed 17 them were the results of your witness interviews? 18 A. Correct 19 Q. And you, in essence, were using the evidence 20 that came from Mr. Epstein's home to demonstrate that 21 there was support for these narratives that were given 22 to you by your various witness interviews that you began 23 to conduct in October of 2005, correct? 24 A. COrrect. 25 Q. And I through 5 are largely the phone message 19 (Pages 568 to 571) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana RIcciuti (601 Electronically signed by Jeana RIcclutl (601 bdcd1876-6726-4326430(0-619666561291 EFTA00298359 Page 572 1 book from the kitchen, the phone message book from the 2 cacti off the kitchen, the file folder of messages, 3 shredded paper from the office, an orange folder marked 4 "Messages: correct? 5 A. Correct. 6 Q. And then in addition, there were pictures -- 7 A. I think the orange folder was massages. 8 Q. Marked 'Message," it says here, M-E-S-S-Afir-E. 9 A. Okay. 10 Q. M-E-S-S-A-G-E, right? 11 Is this your handwriting? 12 A. No. 13 • Q. Okay. And then there were photos that are 14 numbered 8 through 12. If I can — since 1 don't have a 15 second copy of this., do you mind if I just read with 16 You — 17 A. Absolutely. 18 Q. -- so we can shortcut this already lengthy 19 afternoon? 20 8 through 12 are the photos of difference 21 pictures taken from Mr. Epstein's home. 22 A. Correct 23 Q. And then 15 through 17 were more photos and 24 more message books taken from the rust floor, correct? 25 A. Uh-huh. Page 574 1 they were returned. 2 Q. Do you recall whether they were returned with 3 the rest of the houseman's possessions? 4 A. I don't believe so. 5 Q. What was returned to the houseman were copies 6 kept by the Palm Beach Police Department? In other 7 words, were they copied and the originals were returned 8 to the houseman? 9 A. No. Items that belonged to the houseman were 10 returned right to the houseman. 11 Q. And no copies were kept by the Palm Beach 12 Police Department? 13 A. No. 14 Q. And therefore, none were turned over to the 15 FBI when they executed their later subpoena, correct? 16 A. They all were turned over. 17 Q. To the houseman? 18 A. To the FBI. 19 Q. So the FBI got copies of everything that 20 appears on items 1 through 58 of the search warrant 21 inventory? 22 A. Items that belonged to Mr. Janusz were given 23 back to him. His personal computer, his external media, 24 his photo discs for his camera, those were returned. 25 Q. Was his computer reviewed before it was Page 573 Q. And then you checked out 20 through 22, which 2 was photos from his desk and from a table in the first 3 floor office? 4 A. Correct 5 Q. And then you went to 26 to 30, which were more 6 pictures, transcript? That's Jane Doe 103,1 assume? 7 A. Correct 8 Q. So videotapes of what turned out to be adult 9 pornography, correct? 10 A. Yes. 11 Q. More pictures? 12 A. Yes. 13 Q. And then 49 and 50 were two message books, 14 correct? 15 A. Correct. 16 Q. And they came from the separate standalone 17 residence that is called the guest house, correct? 18 A. Correct. 19 Q. And those ultimately were message books that 20 were in the possession of one of Mr. Epstein's 21 employees, correct? 22 A. The houseman, yes. 23 Q. But they were returned to the houseman; is 24 that correct? 25 A. The message books? It would indicate there if Page 575 1 returned? 2 A. Yes. 3 Q. And it was, in other words, your forensic team 4 or your Sheriffs forensic team 5 A. The Sheriffs office. 6 Q. reviewed the computer? 7 A. Correct 8 Q. And by reviewing the computer, they image de 9 computer, do they not? 10 A. Uh-huh. 11 Q. And they look through the image in order not 12 to upset the authenticity of the different files and 13 folders that were in the original seized computer, 14 correct? 15 A. Correct 16 Q. Because you didn't know what was in the 17 computer, did you? 18 A. Correct. 19 Q. So in the event there was something there that 20 would be evidence, you didn't want to copy it and change 21 the modification dates by looking at the original; is 22 that right? 23 A. Correct. 24 Q. So what happens is that the forensic team's 25 law enforcement, what they did in this case, they imaged 20 (Pages 572 to 575) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Rkciuti (601 Electronically signed by Jeans Rlcciutl (601 bdedl 876.e72e-4326400-b19m4561291 EFTA00298360 Page 576 1 the Dell computer that was taken from the guest house? 2 A. Correct. 3 Q. The image of the Dell computer was reviewed, 4 correct? 5 A. Correct 6 Q. As were different CPU units that were seized, 7 one on the first floor and one on the second floor of 8 Mr. Epstein's residence, correct? 9 A. 'believe there was only one on the first 10 floor. I don't believe there was one on the second 11 floor. 12 Q. So there was an additional CPU unit. What is 13 a CPU? 14 A. Like, a computer processing tmit. 15 Q. And that was imaged as well, correct? 16 A. Correct 17 Q. And the image was looked through there as 18 well? 19 A. Correct 20 Q. And the only piece of evidence that you 21 thought might be of value was a vahazy, dim lighted 22 picture of someone that might ben? 23 A. Correct There was video images of that. 24 Q. But you couldn't tell for sure and, therefore, 25 you'd be candid with us and say, I'm not 100 percent Page 578 1 Q. So die image was retained as evidence? 2 A. It was a packet of like CDs that contained the 3 images of that. 4 Q. Of his compute?? 5 A. His computer and the other CPU computer. 6 Q. And those were retained and not returned? 7 A. Correct. 8 Q. And then they were ultimately part of the 9 subject of the grand jury subpoena that the Palm 10 Beach — 11 A. Correct 12 Q. — PD produced — 13 A. Correct. 14 Q. - later in August; is that correct? 15 A. Yes, sir. 16 Q. So that, if I'm clear, the computer forensic 17 procedures used on Janusz's computer, the Dell compute:, 18 were identical to those that would be used on any seized 19 computer, which is a complete and thorough computer 20 review of the image of the hard drive of the seized 21 computer? 22 A. Correct. 23 Q. And it's essentially they just an A tot 24 search to see whether or not the computer contains any 25 file or folder or e-mail or data or picture that would 1 sure that it was..? 2 A. It might be somebody else. 3 Q. And that was the CPU that connected to the 4 first floor camera, correct? 5 A. Correct. 6 Q. And that was the same CPU that was seen in 7 2003 to reflect the identify of the thief that was 8 stealing the money from Mr. Epstein's desk? 9 A. Possibly. 10 Q. It was the same connection? There was a 11 camera on the first floor directed at Mr. Epstein's 12 desk? 13 A. Correct. 14 Q. And the photos went into a separate unit? 15 A. Correct. 'at, I do remember. 16 Q. And there was nothing of value that was seen 17 in Mr. Epstein's fust floor desk or office that was 18 recorded by this camera that was in the clock, correct? 19 A. Correct. 20 Q. No sex, no massage, just a man at his desk? 21 A. Correct. 22 Q. Now, when the Dell computer was returned to 23 Janusz from a complete search by the forensic team, was 24 the image of the computer returned to him as well? 25 A. I don't believe so. Page 577 Page 579 1 be consistent and further your investigation? 2 A. I don't believe there were e-mails. I think 3 it was file pictures or any data, but I don't think eve 4 went into e-mails. 5 Q. So you know these computers contain, 6 essentially, a mountain of information when they are 7 regularly used? 8 A. Correct. 9 Q. And what was done by your forensic team is to 10 essentially skim or scan through or review this mountain 11 of data to see if any one file or folder or piece of 12 data was consistent with and furthered your 13 investigation? 14 A. Correct 15 Q. And in terms of this Dell computer, the answer 1.6 was none? 17 A. Right. 18 Q. And in terms of the CPU that was taken from an 19 area on the first floor of Mr. Epstein's house, there 20 was none with the exception of a single image that was 21 bard to see and might be a? 22 A. There were segments of videos, but again, the 23 lighting was poor, so... 24 Q. And again, when you went in there on 25 October 20th with a warrant, you had no allegation from I I PROSE COURT 21 (Pages 576 to REPORTING AGENCY, INC. 4 579) Electronically signed by Jeana Ricciull (601= Electronically signed by Jeana Medial (601 bdcd1876-c728-432d4cf04219a06613129( EFTA00298361 Page 580 1 any particular witness that thae would be anything on 2 any of those computers that would be a porn photo, for 3 instance? 4 MS. ARBOUR: FO(111. 5 BY MR. WEINBERG: 6 Q. No one told you that? 7 A. No. 8 Q. Now, this was the first shoe that you had a 9 discussion with Agent Kirkendall regarding the Epstein 10 investigation, August 3rd or 4th of 2006? 11 A. I believe the first time was with Junior, the 12 second time was with ICiiitendahl and another agent 13 Q. Do you have any memos or notes of that meeting 14 or were you essentially seeing them as a witness to 15 their investigation? I mean — strike that 16 Did you take any notes of that meeting? 17 A. No, I did not take any notes. 18 Q. And what did you see your role as at that 19 meeting? 20 A. Providing them, basically, a synopsis of the 21 case and answering any questions that they may have. 22 Q. Do you recall any particular questions? 23 A. I knew that one of the questions were, did any 24 of the victims fly out of the country with Mr. Epstein. 25 At that point, I had that packet of some of the flight Page 582 1 A. Pretty much. 2 Q. And did you physically bring them the case 3 materials? 4 A. No. They came to the police department and 5 took possession of them. 6 Q. Was this a fourth meeting with them? 7 A. No. That was the mating. 0 Q. In other words, they called you in advance and 9 said they were coming with a subpoena, please — 10 A. We're coming with a truck and subpoena, get 11 everything ready. 12 Q. And they got the results of the search and 13 seizure from October 20th; is that right? 14 A. Well, everything — 15 Q. Everything on your inventory list. 16 A. Everything but what belonged to Janusz. That 17 went back to him. 18 Q. Except what you imaged that belonged to 19 Janusz, which was maintained and turned over pursuant to 20 the subpoena? 21 A. Correct 22 Q. Second is that you gave them all of the 23 physical results of the trash pulls, correct? 24 A. Correct. 25 Q. Both those that occurred in March and April I 1 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 . Page 581 logs, so... Q. Which came to you from Mr. Epstein's lawyer -- A. Right. Q. — through the State Attorney? A. But there was several that were missing, so... Q. The ones you had reflected no trips on Mr. Epstein's plane by any of the persons that you identified as being people who went to his house — A. That's — Q. — in your case, correct? A. Thaes pretty much correct Q. Was there a third meeting with the FBI? A. The third meeting I think it was when they showed up with the grand jury subpoena requesting all info on the case. Q. And did you have a substantive discussion with them on that occasion, or was it just an occasion where they served the subpoena on you as the person to whom — A. They served a subpoena on nit as the person who had the information. Q. And it was a broad subpoena that essentially asked you for everything? A. Everything. Q. And you produced everything because that's what you do when you get a federal subpoena? Page 583 1 under the aegis of Officer Pagan or the Burglary Task 2 Force, and those that were conducted under your 3 investigatory supervision, correct? 4 A. Correct 5 Q. And did you watch the trash pulls or was that 6 something you said you assigned to others to watch? 7 A. That was assigned to others to watch. 8. Q. And they'd report to you that they watched it? 9 A. And they actually conducted their supplements. 10 Q. And physically, they took the bag of garbage 11 from the garbage man, right? 12 A. Correct. 13 Q. By pre-arrangement, correct? 14 A. Uh-huh. 15 Q. At a place close to Mr. Epstein's home but 16 inaccessible to his vision, correct? 17 A. Correct. 18 Q. And they then took that bag back to the Palm 19 Beach Police Department and searched within it for 20 evidence, correct? 21 A. Correct. 22 Q. And that bag, to your knowledge, was taken 23 from within Mr. Epstein's property gates? 24 A. Correct. 25 Q. inside the gates. And it happened on occasion 22 (Pages 580 to 583) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Joana RiccitlE (601M Electronically signed by Joana Ricciull (601 bdcd1876-0726-4326411410431964656129f EFTA00298362 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 S84 two and three times a week? A. I believe so. Q. And it happened at times that there wouldn't be on limey garbage runs at Mr. Epstein's house? A. Once a week there is a recycle pickup day. Q. And did you participate in the search through the garbage? A. No. Q. But others did and you directed them as to what to look for, correct? A. Correct. Q. Evidence of Mr. Epstein's meetings with or phone call — strike that. Evidence of Mr. Epstein's meetings or relationships to different witnesses in your case? A. Correct. Q. Leads to new witnesses, correct? A. Correct. Q. And you got leads to new witnesses from the garbage pulls, correct? A. Correct. Q. And then you got more leads to new witnesses from message pads that were seized from Mr. Epstein's home on October 20th? A. Correct. Page 586 3 1 and that's when Jason stepped in. 2 Q. Did you have any communications with Jason? 3 A. I can't recall if l did or didn't. 4 Q. And how about with any of the United States 5 Attorneys, did you have any substantive communications 6 with anyone in the upper hierarchy of the US Attorney's 7 office? 1 A. No. 9 Q. So there was no conversations between you and 1 10 the US Attorney? 11 A. No. 12 Q. The acting US Attorney? 13 A. No. 14 Q. The head of criminal? 15 A. No. 16 Q. And how about the US Attorney in charge of the 17 investigation of Mr. Epstein? 18 A. No. 19 Q. No meetings involved with Ms. 20 A. Na 21 Q. All of your carununications were with FBI 22 agents, and you've provided us with the details 23 regarding those meetings. And there were really 24 primarily two meetings; one attended by Chief Reiter 25 between.you and Special Agent Ortiz, and then the I Page 585 Q. Now, the FBI came and the file was essentially checked out on October 28, 2006 at 1:30 p.m.? A. Where it says TOT FBI? Yeah. Q. Did you have any occasion to meet with the FBI after October 28 -- or after August 28, 2006? A. I think I was telephoned once by Agent 7 Kirkendahl requesting clarification on something, and 8 then I would call her, hey, how's everything going, can 9 you share anything, and no, 1 never got any response 10 back as far as what was going on or... 11 Q. Do you recall what the subject was that the 12 FBI agent asked you about, Agent Kirkendahl? 13 A. No. 14 Q. And so that was the last substantive 15 communication with Agent Kirkendahl? 16 A. Like I said, I would call her. 17 Q. Right, but those were essentially, what can 18 you tell - 19 A. Nothing. 20 Q. There was no content to those? 21 A. No, no. 22 Q. And what about the male agent that you 23 remembered meeting with Agent Kirkendahl that was on 24 August 4, 2006? Did you ever have a followup with him? 25 A. Shortly thereafter, I think he loft the FBI, Page 5R7 1 followup meeting which this evidence log reflects 2 occurred on August 3rd or 4th wherein you reviewed 3 largely the results of the search and seizure of 4 Mr. Epstein's home on October 20, 2005? 5 A. Correct 6 Q. Mr. Reiter, Chief Reiter or former 7 Chief Reiter, how often do you speak to him since he 8 left office? 9 A. I've seen him maybe two or three times and 10 spoken to him maybe a handful of times. 11 Q. Do you know whether or not he is employed or 12 planning to be employed as a private investigator? 13 A. I have no idea. 14 Q. Do you know whether he was ever employed by 15 the Rothstein firm? 16 A. I have no idea. 17 Q. Do you know whether or not he's engaged in any 18 private investigation in connection with any of the 19 Plaintiffs' cases against Mr. Epstein? 20 A. I have no idea. When we speak, we don't speak 21 about business. 22 Q. Understandably, given that you're being 23 deposed. 24 Before (Thief Reiter left and, in fact, before 25 the Plaintiffs' lawyers instituted these civil lawsuits, PROSE COURT Electronically signed by Jeana Ricautt (601 Electronically signed by deans RIcetun 0101 gIV•SS - ' .--IrraWCWO“•••••••••• •• 23 (Pages 584 to 587) REPORTING AGENCY, INC. bdcd1876,c72o 432c1.8cf0-b19ao656129f EFTA00298363 Page 588 1 though, you and the Chief would see each other 2 regularly, correct? 3 A. Yes. 4 Q. In fact, you and the Chief would e-mail each other regularly regarding matters of common interests; 6 is that correct? 7 A. Yes. 8 Q. And you and the Chief would c-mail each other 9 about interests including the ongoing efforts of the 10 media to find out what's going on in the Epstein case? 11 A. Yes, through Goo& alerts and things he would 12 come across and things I would come across, I would send 13 to him. 14 Q. In other words, Reiter to Ramey, 15 September 6, 2007, 'Channel 5 ran a major story on 16 Epstein at 6:00. Showed footage of Epstein at PBIA and 17 audio of Connolly from Vanity Fair saying Epstein would 18 take a plea as early at tomorrow, signed Reiter." 19 Do you remember that one? 20 A. Yes. 21 Q. Or Reiter to Recarey, December 10,2008, 22 'Shiny Shade advised me they're naming her article 23 tomorrow that Epstein's on work release. Read it 24 online. Please notify Nesbitt. Thanks, Reiter." 25 Do you recall following that direction and Page 590 1 last week. 2 Q. So you don't know about all these c-mails that 3 have been disclosed to us through public record searches 4 reflecting e-mails between Chief Reiter and the 5 different members of the media wherein he's keeping them 6 in touch with the events connected to the Epstein case9 7 A. No. 8 Q. Or his e-mail to the US Attorney's office, 9 saying, "Contrary to your information, you may note that 10 nothing in the story relative to the plea was attributed 11 to me, as I have not discussed this case with the news 12 media." 13 Are these not e-mails that you remember or 14 that you were copied on? 15 A. No. I'm the low man on the totem pole. 16 Q. I understand. That's why there's a chief and 17 the rest of us. 18 A. And many wigwams. 19 MR. WEINBERG: May I have one minute with my 20 co-courtsel? This depo may be concluded. 21 (A brief recess was talon.) 22 MIL WEINBERG: In the interest of speed, 23 say thank you for a long day, Detective Recarey. 24 I'm finished. 25 THE WITNESS: Thank you very much. Page 589 1 notifying — 2 A. I may have called her and left her a voice mail, Nesbitt Kirkendahl. Like I said, everything with the FBI is one way. They don't share the information. A lot of times I would call her desk line and it goes right to voice mail, so I would just leave her thc information and... 8 Q. Can you recall as an aftermath of that information regarding work mleuse that there was some 10 discussions as to whether or not Mr. Epstein's contract 11 required him to do day-to-day in prison, meaning to 12 serve 18 months, or whether instead he had to be 13 sentenced to 18 months which would make him eligible for 14 work release and that the conclusion was that he was 15 eligible for work release like all others? 16 A. Correct 17 Q. And do you recall Mr. Reiter, Chief Reiter, 18 having ongoing communications with a Joyce Reingold at 19 the PB Daily News in the fall of 2008? 20 A. I have no idea. 21 Q. But you knew Unlike waste chief and he was 22 the contact person for a lot of the media•to-police 23 communications? 24 A. Actually, Janet Consuelo is the — well, was 25 the PIO for the Police Department. She just retired 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 591 CROSS (DETECTIVE JOE RECAREY) BY MS. ARBOUR: Q. Detective, the search warrant that you executed on 358 El Brillo Way, prior to the execution in October of 2005, did you do any research on who the property owner was? A. Yes. Q. And were you able to determine who owned that FroPa1Y? A. Yes. I believe it was Mr. Epstein, but I think it was under a corporation. Q. Did you do any research on potential residents at that address? A. Yes. Q. And do you recall who you identified as a potential resident, if anyone? A. Mr. ein,l believe and MMTM Q. Did you determine that it was an address used by Jeffrey Epstein? A. Yes. Q. The message pads that you seized during the search warrant in October of 2005, do you recall how many there were? A. Five, five or six, I think. PROSE COURT Electronically signed by Jeana Rlcciutl (601 Electronically signed by Jeana McGinn (601 24 (Pages 588 to 591 REPORTING AGENCY, INC. bdcd1876-c72e-432d-Ilet0-b19a4561291 EFTA00298364 Page 592 Page 594 1 Q. Does that include the ones that were 2 ultimately returned to Mr. Janusz? 3 A. None were returned to Mr. Janusz. 4 (Deposition Exhibit No. 29 was marked for 5 identification.) 6 BY MS. ARBOUR; 7 Q. I'll show you what I've marked as 29, and It 8 represent to you that I got those from a public records 9 request from the State Attorney. I'll ask you to flip 10 through them and ask you if that seems to be all the 11 ones that you seized. 12 A. This was three message books. This would be 13 No. 2 on the property receipt. 14 Q. So would there be an additional two or three 15 message books malted as No. 1 or something on the 16 property receipt? 17 A. There would be No. 1, No. 2. On the search 18 warrant return, you would see the different ones that 19 bad the different message books. 20 Q. Do you recall, of all of the message books 21. that you reviewed, not just the one in May ljust marked 22 as 29, what time period they covered? 23 A. Off the top of my head, no, I couldn't tell 24 you. 25 Q. Do you know if they extended into 2004? 1 2 3 4 5 6 7 8 9 10 11. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q. At any time. A. I recall a lot of names. Would you know, more or less, what page? Q. The truth is, I'm not even sure if she's in there. • just asking if her name's in there. A. Oh, I can't recall. Q. Do you recall seeing the name Jane Doe 4 on any of those messages? A. Yes. Q. Do you recall seeing the name Jane Doe 3 on any of those messages? A. I can't recall. Q. How about Jane Doe 6? A. No, I'm sorry. Q. How about Jane Doe 7? A. Yes. Q. And how about Jane Doe 8? A. Yes, I remember Jane Doe 8. Q. you recall seeing a or a A. Yes. Q. Do you recall seeing the name M.? A. Yes. Q. ChM. Okay. Did you ever speak with at Page 593 1 A. I knew we got current books and older books, 2 but I couldn't tell you the time frame. 3 Q. Do you recall what rooms the message pads were 4 taken from inside the main residence at El Brillo? 5 A. There was some taken from the small office in 6 the kitchen area, there was some taken from the kitchen 7 area, there was some taken from — there was some taken 8 from the guest house, I believe the pool house and then 9 there is like a little pantry area. There was, I think, 10 a book taken from there too. 11 Q. And when you say the pool house, is that the 12 room that Mr. Epstein or someone used as an office out 13 by the pool? 14 A. Yes. There was like a pad, you know, like a 15 writing -- like an old grease marker pad. 16 Q. Obviously, since I got those as part of a 17 public records, a lot of them are redacted. Must 18 going to ask you if you recall seeing any of the 19 following names on the pads. Anything you need to refer 20 back, that's fine. 21 Do you recall seeing the name Jane Doe 2 on 22 any of those messages? 23 A. Can I refer? 24 Q. Absolutely. 25 A. Do you know, more or less, when? Page 595 1 any point during your investigation? 2 A. It doesn't ring a bell. 3 Q. Do you recall speaking to anyone who informed 4 you that they brought a girl named Jane Doe 8 to 5 Mr. Epstein's house? 6 A. No. 7 Q. Do you recall ever speaking to a girl who 8 informed you that she brought Jane Doe 6 to 9 Mr. Epstein's home? 10 A. No. 11 Q. During your execution of the search warrant in 12 October 2005, did you recover any vibrating massagers? 13 A. I remember a twin torpedo, but no. 14 Q. What is a twin torpedo? 15 A. Double sided — 16 Q. Okay, some type of sex toy? 17 A. Yeah. 18 Q. Which room did you recover that from? 19 A. That was from a back bedroom. 20 Q. Do you recall — I'm sorry, did you recover 21 any lotions from within a bathroom? 22 MR. PIKE: Form. 23 THE WITNESS: From a small credenza, there was 24 a lotion there was a lotion in a small credenza 25 in the master bedroom, a little Joy Jelly bottle. 25 (Pages 592 to 595) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricetull (601 bdcd1876-c720-432d-Bc10-b19ae8561291 EFTA00298365 Page 596 Page 598 BY MS. ARBOUR: 2 Q. And the master bedroom, was that the same 3 master bedroom you understood to be the massage room? A. Yes. Q. Turning back to your testimony about reviewing the phone records for Ms. and Mr. Epstein I 1 believe you said you reviewed as part of your i investigation. 9 A. Yes. 10 Q. When you reviewed Ms. phone records, 11 what period of time did those phone records cover? 12 A. I don't 'mow the specific time frame. 13 Q. Do you recall if it covered only 2005? 14 A. Possibly. I don't recall but... 15 Q. Would it be noted in the probable cause 16 affidavit? 17 A Probably in the incident report 18 Q. You can flip through if that helps to refresh 19 your recollection. 20 A. I wouldn't even know where to find it at this 21 point. 22 Q. You believe it's in the incident report, 23 though? 24 A. I believe so. 25 Q. And would it be the same time period that I been made? 2 A. I believe so. 3 Q. Were you able to cross reference any of the 4 witnesses with Mr. Epstein's phone records? 5 A. I only subpoenaed the house phone records 6 because there was no indication of anything on his cell. 7 But there was, I believe, some phone calls made to the 8 victims/witnesses from the house. 9 Q. And did you do any research to find out who 10 was the registered user of that house phone? 11 A. It was registered to Mr. Epstein. 12 Q. Were you able to confirm that Ms 13 placed or received any phone calls from Jane We 14 during your review of ha records? 15 A. Yes. 16 Q. Were you able to confirm that Ms. 17 received or made any phone calls to Jane Doe 7? 18 A. Yes. 19 Q. Were you able to confirm that Ms. 20 or received any phone calls from Jane Doe 3? 21 A. I can't recall if there were any calls to 22 Jane Doe 3. 23 Q. Were you able to confirm that any phone calls 24 had been made or received by the house phone by 25 Jane Doe 4? made Page 597 I covered Mr. Epstein's phone records as Ms. M? 2 A. I believe Mr. Epstein's was not as in depth as 3 Ms. 4 Q. And with regard to the phones, did you pull S the phone records for the house phone itself or cellular b phones for each of the people? 7 A. I believe it was Ms. cell phone and house phone records. Q. At any point, were you able to match up 10 victims with Ms. phone records where there had 11 been some communication between the two of them? 12 A. Yes. 13 MR. PIKE: Form. 14 BY MS. ARBOUR.: 15 Q. Were any of those victims under the age of 18 16 at the time the phone calls were made? 17 MR. PIKE: Form. 18 l'HE WITNESS: I believe so. 19 MS. ARBOUR: Is your objection to the use of 20 the word "victim"? 21 MR. PIKE: Yes. 22 BY MS. ARBOUR: 23 Q. Were any of the witnesses that you were able 24 to cross reference with Ms. phone records under 25 the age of 18 at the time the phone calls appear to have 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 599 MR. PIKE: Form. 114E WITNESS: I believe so, yes. BY MS. ARBOUR: Q. Were you able to cross reference any phone calls received front or made to Jane Doe 7 from the house phone? A. I can't recall brim the house phone, Pm sorry. Q. What you interview — as part of your investigation, you interviewed Janusz Banasiak: is that correct? A. Yes. Well, I take that back. I attempted it. That never happened. Q. At any point, did you come to Team that he rented a car for Jane Doe 4 to use? A. Yes. Q. And how did you learn that? A. Through Jane Doe 4. Q. And what did she tell you? MR. PIKE: Form THE WITNESS: When I interviewed her, she told me that there was a rental car for her use that she was utilizI9L- actually, when I went down to talk to her at University, I actually found the car parked in the school lot. 26 (Pages 596 to 599) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciutl (601 Electronically signed by Jeana Ricciutl (601 '1561) 832-7506 bded1676-072•432d-W0-019ae656129t EFTA00298366 Page 600 1 BY MS. ARBOUR: 2 Q. What did she tell you about how she came to 3 acquire that car? 4 A. She needed a car to get around. 5 MR. PIKE: Fonn. 6 THE WITNESS: She asked Mr. Epstein if he 7 could raft her a car, at which time there was a 8 rental car available to her. 9 BY MS. ARBOUR: 10 Q. And you went back and researched who, in fact, 11 rented that car; is that right? 12 A. Correct. 13 Q. And that was Mr. Banasiak? 14 A. Yes. 15 Q. When you met with each of the witnesses, each 16 of the girls who had later — who you suspected may have 17 been at Mr. Epstein's house, did you tape record each 18 and every single one of the interviews? 19 A. Yes. 20 MR. PIKE: Form. 21 BY MS. ARBOUR: 22 Q. And when the incident report says that a 23 statement is sworn, that you took a sworn statement from 24 a witness, what does that mean? 25 A. Where 1 swear them in. I made them raise 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 602 partial truth, and she did not elaborate any further. Q. Did any of the other girls that you interviewed give you that same impression, that they were holding back or not telling the truth? MR. PIKE: Form. THE WITNESS: I also had that feeling from Jane Doe 7. BY MS. ARBOUR: Q. What is it about Jane Doe 7 that gave you that feeling? MR. PIKE: Form. THE WITNESS: The fact that she was extremely nervous, extremely scared when talking about the investigation. BY MS. ARBOUR: Q. When you spoke with Jane Doe 7, do you recall if any of her parents were home? A. Yes, her mother was present. Q. Was she in the same room as Jane Doe 7 or was she in a different room, do you recall? A. She was in a different room. Q. How did you know to go and interview Jane Doe 7 as part of your investigation? A. That name was given to me Q. Did she indicate that Jane Doe 7 was one of Page 601 1 their right hand and, do you solemnly swear to tell the 2 truth, the whole truth and nothing but the truth_ Q. Are those the exact words that you used? 1 A. Yes. Q. Have you since learned that some of those .3 girls that you interviewed did not tell you the entire 7 truth about what happened at Mr. Epstein's house? 8 MR. PIKE: Form. 9 TIM WITNESS: I had heard, I believe, Jane 10 Doe 4 was not truthful, 100 percent truthful. 11 BY MS. ARBOUR: 12 Q. During the course of your entire 13 investigation, did you ever have an opinion or a feeling 14 that maybe one or more of the girls was holding back on 15 what happened at Mr. Epstein's house? 16 MR. PIKE: Form. 17 THE WITNESS: Yes. 18 BY MS. ARBOUR: 19 Q. Can you tell me more about that? 20 A. I actually went to interview Jane Doe 4 twice 21 because I had that feeling from her when 1 spoke with 22 her. I actually went dam to twice to speak to 23 her. On the second time that 1 went down to speak to 24 her, I told her the reason why I came down was that 1 25 felt she was being untruthful, or at least telling me a Page 603 1 the girls she brought to Mr. Epstein's home? 2 A. Yes. 3 Q. What did you tell Jane Doe No. 7's parents 4 about why you were there to interview Jane Doe 7, if you 5 recall? 6 A. Pretty much same as I told all, I believe that 7 they were either a victimaitness to an investigation 8 that I was conducting about an individual that lived 9 within the Town of Palm Beach. 10 Q. When you met with Jane Doe 7 and spoke with 11 her, did she cry? 12 A. She was scared and she was nervous. We were 13 sitting -- the first time I went out to her house, she 14 was not home. We waited for a little while and 15 eventually we lett, not knowing what time she was going 16 to be back. When I received a phone call the following 17 morning, 'went back out there and she was visibly 18 scared. You could tell, she was shaking. 19 Q. During the course of your interview, did she 20 tell you that Mr. Epstein touched her buttocks? 21 MR. PIKE: Form. 22 BY MS. ARBOUR: 23 Q. You eventually interviewed her, correct? 24 A. Yes. 25 Q. During the course of that interview, did she 27 (Pages 600 to 603) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Rlcciuti (601 Electronically signed by Jeana RIcclutl (601 bdcd1876-c720-432d-8cf0-b19ae6561291 EFTA00298367 1 2 3 4 5 6 7 8 9 Page 604 tell you that Mr. Epstein touched her buttarles? MR. PIKE: Form. MS. ARBOUR: I believe so. BY MS. ARBOUR: Q. During the course of that interview, did she tell you that he =shit-bated in front of her? MR. PIKE: Form. THE WITNESS: I believe so. BY MS. ARBOUR: 1 2 3 4 5 6 7 8 9 Page 606 A. Yes. Q. During the course of your interview with Jane Doe 7, did she tell you that she was paid to give Mr. Epstein massages during which he touched her in a sexual way? MR. PIKE: Form. THE WITNESS: Yes. BY MS. ARDOUR: Q. Did you interview a girl named Jane Doe 3 as a 10 Q. During the course of your interview did 10 part of your investigation? 11 Jana Doe 7 play you a voice mail from Ms. M? 11 A. Yes, I did. 12 A. Yes. 12 Q. How did you know to speak with Jane Doe 3? 13 Q. What do you remember about that voice mail? 13 A I think this was another name provided to me 14 MR. PIKE: Form. 14 bY 15 THE WITNESS: It was a voice mail left on her 15 Q.Do you recall if.lane Doe 3 told you that M. 16 cell phone from asking Jane Doe 7 to 16 was the one who arranged for her to go to Mr. Epstein's 17 call her and let her know what I was looking into. 17 house? 18 BY MS. ARBOUR: 18 MR. PIKE: Form. 19 Q. Did Jane Doe 7 tell you that had called 19 THE WITNESS: I believe so. 20 multiple times during the investigation? 20 BY MS. ARBOUR: 21 MR. PIKE: Form. 21 Q. At any point during your conversations with 22 THE WITNESS: Yes. 22 Jane Doe 3, did she tell you that she was paid to give 23 BY MS. ARBOUR: 23 Mr. Epstein a massage in which he touched her in a 24 1QpWhat is your understanding of how many times 24 sexual manna? 25 Ms. called Jane Doe 7? 25 MR. PIKE: Ram. Page 605 Page 607 1 A. I believe approximately three times that 1 THE WITNESS: That is correct. 2 evening. 2 BY MS. ARBOUR: 3 Q. Did you ever review Jane Doe 7 or Ms. 3 Q. Did she tell you that Mr. Epstein touched her 4 phone records to see how many phone contacts there were 4 buttocks? 5 that day or within that period? 5 MR. PIKE: Form. 6 A. Again, I can't recall how many or the time 6 THE WITNESS: Yes. 7 frame of the phone records. 7 BY MS. ARBOUR 8 Q. Did Jane Doe 7 tell you that Ms. was 8 Q. Did she tell you that Mr. Epstein touched her 9 the one she spoke with in order to arrange Mr. F-pstcin's 9 breasts? 10 massages? 10 MR. PIKE: Same objection. 11 MR. PIKE: Form. 11 THE WITNESS: Yes. 12 TUE WITNESS: Yes. I do recall 12 BY MS. ARBOUR 13 BY MS. ARBOUR: 13 Q. Did she tell you that he masturbated in front 14 Q. Was it your understanding that.4sr 14 of her? 15 would call her or she would call Ms. or did you 15 MR. PIKE: Same objection. 16 get into that at all with her? 16 THE WITNESS: Yes. 17 MR. PIKE: Form. 17 BY MS. ARBOUR: 18 THE WITNESS: How it was told to me was 18 Q. Did you ascertain from Jane Doe 3 If she knew 19 would call like a day or two prior to their arrival 19 you were investigating Mr. Epstein before you went to 20 to Palm Beach, to coordinate a time and a date when 20 speak with her? 21 they were going to be in the Town of Palm Beach, 21 MR. PIKE: Form. 22 and if she was interested in working. 22 THE WITNESS: I interviewed.., who is an 23 BY MS. ARBOUR: 23 associate of hers as well, and I had interviewed 24 Q. So Ws your understanding Ms. would 24 her prior to Jane Doe 3. 25 make a phone call to Jane Doc 7 to schedule work? 25 iI 28 (Pages 604 to 607) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciutl (601 Electronically signed by Jeana RIccluti (601 bdcd1876-c72c-432d-8c10-b19ae6561291 EFTA00298368 I Page 608 BY MS. ARBOUR: 1 Page 6101 occurred at Mr. Epstein's house; is that correct? 1 2 Q. Did Jane Doe 3 indicate to you that she was 2 A. Correct. 3 expecting you to come by or that someone had told her 3 Q. Did she tell you that she — 4 that you were investigating? 4 MR. PIKE: Form. 5 MR. PIKE: Form. 5 BY MS. ARBOUR: 6 . THE WITNESS: Someone had told her. 6 Q. — went to Mr. Epstein's house more than one / BY MS. ARBOUR: 7 time? 8 Q. Was it your understanding that M. told her 8 MR. PUCE: And form to this question. 9 there was an investigation? 9 THE WITNESS: Yes. 10 MR. PIKE: Same. 10 BY MS. ARBOUR: 11 ME WITNESS: I believe so. 11 Q. How many times did she tell you that she went 12 BY MS. ARBOUR: . 12 to Mr. Epstein's house to give him a massage? 13 Q. Did Jane Doe 3 ever tell you that she was paid 13 MR. PIKE: Form. 14 to bring other underaged girls to Mr. Epstein's house 14 (Mr. Epstein left the proceedings.) 15 for massages? 15 MR. PIKE: You can continue. 16 MR. PIKE: Form. 16 THE WITNESS: I can't— I don't know. 17 THE WITNESS: I can't recall if she did or she 17 MIL PIKE: May I ask a quick question? Do you 18 didn't. 18 need to terminate at 5:00? 19 BY MS. ARBOUR: 19 MS. O'CONNER: No. Thank you, though. 20 Q. Would it help to refer back to the PC? Do you 20 BY MS. ARBOUR: 21 have it there? 21 Q. Would it help to look at the PCA, page 9? 22 A. Yeah. 22 A. Yes. Okay. 23 Q. I think page 8 is Jane Doe 3. 23 Q. Did she tell you how many times she went to 24 MR. PIKE: Same objection to the extent the 24 Mr. Epstein's house to give hint a massage? 25 question is pending. 25 MR. PIKE: Form. Page 609 Page 611 1 THE WITNESS: Yes. 1 THE WITNESS: A lot is what she claimed. 2 BY MS. ARBOUR: 2 BY MS. ARBOUR: 1 Q. Yes, she did tell you that? 3 Q. And over what period of time do you understand 4 MR. PIKE: Form 4 she was going to Mr. Epstein's home to give him these () THE WITNESS: That she had gone back to the 5 massages? house with.. on two other occasions. 6 A. Since she was 16. 7 BY MS. ARBOUR: 7 MR. PIKE: Form. 8 Q. Did she tell you who she generally spoke with 8 BY MS. ARBOUR: 9 in order to make arrangements to go to Mr. Epstein's 9 Q. What is your understanding of how she came to 10 house for these massages, whether she was providing them 10 Mr. Epstein's house for the first time? 11 or another girl was? 11 A. I believe she was taken to the house by.. 12 MR. PIKE: Form. 12 Q. And did she tell you on her subsequent visits 13 THE WITNESS: The het that she went with 13 how she would make arrangements to get to Mr. Epstein's 14 M., so I'm sure they would contact M. 14 house, if she would call Ms. or if she would call 15 BY MS. ARBOUR: 15 the house, or can you walk me through what she told you 16 Q. Did you ever pull 's phone records as a 16 about how she got there? 17 part of your investigation? 17 MR. PIKE: Form. 18 A. I believe they were pulled by Detective Pagan. 18 THE WITNESS: if refer to it? 19 Q. Do you know how many times, if any, there was 19 BY MS. ARBOUR: 20 convene — or there were phone calls between .'s 20 Q. Absolutely, go ahead. 21 22 number and lane Doe 3's number on those records? A. No. 21 22 A. Okay. Q. she toll you that she would call 23 Q. Lee on s focus your interview with Jane Doe 4, 23 Ms. a to make arrangements to come ova and give 24 or your interviews with Jane Doe 4. At some point, she 24 Mr. Epstein massages? 25 did discuss or she did give you a version of events that 25 MR. PIKE: Form. r. 29 (Pages 608 to 611) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana RICOinti (601 Electronically signed by Jeans Riecluti (601 bdcd1876.c720-432d-13c10-b19ae6561291 EFTA00298369 Page 612 Page 614 1 THE WITNESS: Correct. 2 BY MS. ARBOUR: 3 • Q. Didshe tell you that IVIs. would call 4 her to make arrangement to come over and give 5 Mr. Epstein a massage? 6 MR. PIKE: Form. 7 THE WITNESS: On occasion. 8 BY MS. ARBOUR: 9 Q. Did she tell you that she would make 10 arrangements through.. to go ova to Mr. Epstein's 11. house to give him a massage? 12 A. Initially. 14 number on phone records, specifically, Q. Didyou ever cross reference Jane Doe 4's 13 15 that you recall? 16 A. Jane Doe 4, I do remember on her cell phone. 17 Q. And do you recall if Jane Doe 4's number 18 appeared on Ms. phone records? 19 A. Jane Doe 4, I believe so, yes. 20 Q. Do you know if you looked specifically to see 21 if any of Ms. phone records indicated 22 communication between Jane Doe 4 and Ms. 23 strike that, let me start over. 24 Do you recall looking at phone records prior 25 to June of 2005 to see if there veere any cross Min 1 BY MS. ARBOUR: 2 Q. And did Jane Doe 4 tell you if Mr. Epstein 3 ever touched her buttocks? 4 MR. PIKE Form. 5 THE WITNESS: Yes. 6 BY MS. ARBOUR: 7 Q. Did Jane Doe 4 tell you that Mr. Epstein 8 touched her breasts? 9 A. Yes. 10 MR. PIKE: Fonn. 11 BY MS. ARBOUR: 12 Q. Did Jane Doe 4 tell you that Mr. Epstein 13 touched her genitals? 14 MR. PIKE: Form. 15 THE WITNESS: That, I don't recall. 16 BY MS. ARBOUR: 17 Q. Did Jane Doe 4 tell you that Mr. Epstein 18 performed oral sex on her? 19 MR. PIKE: Form. 20 THE WITNESS: No. 21 BY MS. ARBOUR: 22 Q. Did Jane Doe 4 tell you that Mr. Epstein used 23 a vibrator or a vibrating massager on her? 24 MR. PIKE: Form. 25 THE WITNESS: She claimed that the vibrator Page 613 1 references prior to Jane Doe 4 turning 187 2 A. I don't know. I can't recall the time frame 3 of the cell phone records. 4 Q. Do you recall if, at the time did End Jane Doe 4's number on Ms. ME records, Jane Doe 4 6 was under 187 7 A. Not - fin not sure because I don't know the 8 time frame I have the cell phone records from. 9 Q. Did Jane Doe 4 tell you that Mr. Epstein 10 touched her in a sexual manner on more than one 11 occasion? 12 A. Yes. 13 Q. Did she tell you that Mr. Epstein masturbated 14 in front of her? 15 MR. PIKE: Form to the last question, and fans 16 to this question. 17 THE WITNESS: Yes. 18 MR. PIKE: You're just too fast. 19 MR. GARCIA: I join. 20 BY MS. ARBOUR: 21 Q. Did Jane Doe 4 tell you that she was nude in 22 front of Mr. Epstein during the massages she gave him? 23 MR. PIKE: Form. 24 THE WITNESS: I believe down to her thong 25 underwear. Page 615 1 was not used on her. She knew of the vibrator, but 2 it was not used on her. 3 BY MS. ARBOUR: 4 Q. Is it your understanding that when — when 5 Jane Doe 4 — so going back to what she did tell you, 6 which is that he touched her buttocks and her breasts at 7 least, was it your understanding that those incidents 8 occurred when she was under the age of 18? 9 MR. PIKE: Form, move to strike. 10 THE WITNESS: Yes. 11 BY MS. ARBOUR: 12 Q. Did she tell you that the touching of the 13 buttocks and the touching of the breasts occurred before 14 she was 18? 15 MR. PIKE: Font 16 THE WITNESS: She had been going there since 17 the age of 16. I can't recall if she said she was 18 under 18 when he was touching her buttocks and 19 breasts. 20 BY MS. ARBOUR: 21 Q. When you interviewed Jane Doe 4, where did the 22 interview take place? 23 A. University. 24 Q. And was it in a particular place, in a 25 particular room, or — 30 (L'ages 612 to 615) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Moduli (601 Electronically signed by Jeana Riccluti (601 bdcd1876-c72c432d-8cfrittga06561291 EFTA00298370 rage 616 1 A. It was in a small office room within — next 2 to the PE room. 3 Q. And was anyone else present? 4 • A. Detective Dawson. ) Q. And did Jane Doe 4 — during the course of 6 your interview, was Jane Doe 4 crying? A. She was shaken, nervous and occasionally she 8 would ay. 9 Q. Was that the first interview or the second 10 interview that took place — 11 A. The first one. 12 Q. — in that room? 13 A. The first one. 14 Q. Where did the second interview take place? 15 A. She had just finished playing soccer. I want 16 to say — the second one, I believe, was in the PE area. 17 It was like a gym, like a gymnasium. 18 Q. And in that second interview, was she crying 19 when she spoke with you? 20 A. I can't recall if she was or if she wasn't. I 21 know the first one she was. 22 Q. Did she ever ask you if she was in trouble for 23 what happened at Mr. Epstein's house? 24 MR. PIKE: Form. 25 THE WITNESS: I don't recall. Page 618 1 Q. The number that's on there, 635-3454, do you 2 see that? 3 A. Yes. 4 Q. Did you do any investigation into that number? 5 A. Yes. 6 Q. And what did you find it to be? 7 A. I believe that was Jane Doe 4's number. Q. And how about the other number that's on 9 there, 324-7996, did you investigate that number? 10 A. I believe I did request subscriber information 11 on that. I can't recall who that came back to, though. 12 MS. O'CONNER: Can we go off the record for .1 13 minute? 14 MS. ARBOUR: Sure. 15 (Discussion held off the record.) 16 BY MS. ARBOUR: 17 Q. Did you ask Jane Doe 4 about this note? 18 A. No. 19 Q. Why not? 20 A. I felt that she was holding back from Inc, so I 21 didn't want to let her know what I knew. I stressed to 22 her that I !mew a lot more than what I was letting on 23 to, but she continued with her limited story. 24 Q. At any point, did Jane Doe 4 tell you that she 25 bad told Mr. Epstein about the police investigation? Page 617 1 BY MS. ARBOUR: 2 Q. Do you recall if any of the witnesses that you 3 interviewed asked if they were in trouble for what 4 happened at Mr. Epstein's house or for what they say 5 happened at Mr. Epstein's house? 6 MR. PIKE: Rom. 7 THE WITNESS: I recall s was concerned that 3 she might have been — be getting into trouble. 9 BY MS. ARBOUR: 10 Q. Let me show you this, marked 30. 11 (Deposition Exhibit No. 30 was marked for 12 identification.) 13 BY MS. ARBOUR: 14 Q. Detective, have you seen that document before? 15 A. Yes. 16 Q. And what are you recognizing this document to 17 be? 18 A. It is from a memo pad, from Mr. Epstein's memo 19 pad. It's a sheet. 20 Q. Did you recover this document from a trash 21 pull that you did on Mr. Epstein's residence? 22 A. Yes. 23 Q. There's a name that's redacted on there. Do 24 you remember if that name was Jane Doe 4? 25 A. Yes. Page 619 1 MR. PIKE: Fonn. 2 THE WITNESS: I can't recall if she said 3 anything. 4 BY MS. ARBOUR: 5 Q. Do you recall if any of the witnesses that you 6 spoke with told you that they told Mr. Epstein about the 7 police investigation, your investigation? 8 MR. PIKE: Form. 9 THE WITNESS: I believe ■., when I 10 interviewed her in Orlando. 11 BY MS. ARBOUR: 12 Q. Did that interview take place before or after 13 Jane Doe 4's first interview? 14 A. After. 15 Q. And what did you and M. discuss about her 16 reporting to Mr. Epstein about your investigation? 17 MR. PIKE: Form. 18 THE WITNESS: That she had been contacted 19 prior to me by a private investigator and wanted to 20 know what she knew about the police investigation 21 and wanted her to call the investigator after I 22 would leave. 23 BY MS. ARBOUR: 24 Q. Did she tell you who this supposed 25 investigator worked for PROSE COURT 31 (Pages 616 to 619) REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricciuti (601 bdcd1876-c726-432dabilin666129f EFTA00298371 Page 620 1 MR. PIKE: Form. 2 BY MS. ARBOUR: 3 Q. — that had called her? 4 MR. PIKE: Same. 5 THE WITNESS: I want to say Mr. Black's 6 office. 7 BY MS. ARBOUR: Q. Do you recall the name of the investigator she 9 told you was trying to contact her? 10 MR. PIKE: Form. 11 THE WITNESS: I don't know. I can't recall. 12 There were so many PIs. 13 BY MS. ARBOUR: 14 Q. Dees the name Bill Reilly ring a boll? 15 A. Yes. 16 Q. Was he the investigator that M. said called 17 him — or called her, sorry? 18 A. I believe so, yes And they had met in an — 19 MR. PIKE: Form. 20 THE WITNESS: — Applcbee's or like a 21 Chili's/Applebee's type restaurant. 22 BY MS. ARBOUR: 23 Q. Did an,y of the other witnesses that you 24 interviewed indicate that Mr. Reilly had tried to 25 contact them? Page 622 1 Q. What do you recognize this to be? 2 A. This came from a trash pull what it says lane 3 Doe 4 cannot come at 7:00 because of soccer. 4 Q. And so the name that's redacted on there is 5 Jane Doe 4? 6 A. Yes. 7 Q. Did you ever ask lane Doe 4 about this note? 8 A. No, I did not. 9 Q. For the same reason you didn't ask her about 10 the other one? 11 A. Correct. 12 Q. During the course of your investigation, did 13 you uncover any other alleged victims who were named 14 Jane Doe 4? 15 MR. PIKE: Form. 16 THE WITNESS: No, I did not. 17 BY MS. ARBOUR: 18 Q. Do you recall your interview with Jane Doe 2? 19 A. Yes. 20 Q. And you testified about it in the previous 21 deposition, so I want to ask you just a couple of 22 followup questions about that. 23 How did you know to speak with Jane Doe 2? 24 MR. PIKE: Form. 25 THE WITNESS: Her name — 'think her name was I Page 621 1 MR. PIKE: Form. Form. It's hearsay, that's 2 alL 3 MS. ARBOUR: You said form twice. 4 MR. PIKE: Fm just making sure you're not 5 beating me to the punch with another fast question. 6 THE WITNESS: !Uteri had interviewed certain 7 people, I've gotten phone calls that the private 8 investigator had shown up and asking them questions 9 similar to the questions I was asking. 10 BY MS. ARBOUR: 11 Q. And of those phone calls that you've received, 12 were those all after the grand jury indictment in the 13 summer of 2006? 14 A. Prior. 15 Q. Prior to? Okay. 16 And do you recall if Jane Doe 4 ever told you 17 that she had been contacted by Mr. Reilly? 18 A. I can't recall if she did. 19 Q. Let me show you this one. Well mark this 31. 20 (Deposition Exhibit No. 31 was marked for 21 identification.) 22 THE WITNESS: Yes, I remember that. 23 BY MS. AREIOUR: 24 Q. Have you seen this document before? 25 A. Yes. Page 623 1 given by her name was given by another *male, 2 another of the witnesses. 3 BY MS. ARBOUR: 4 Q. Would it have been lane Doe 3 who told you her 5 name? 6 MFL PIKE; Form. 7 BY MS. ARBOUR: 8 Q. Do you recall? 9 A. I believe so. I'm not 100 percent certain, 10 though. 11 Q. If it would be in the PCA, if you want to take 12 a look, that's okay. I think she's page 18. 13 A. I believe so. 14 Q. Is it your understanding that Jane Doe 2 was 15 brought to Mr. Epstein's home prior to turning 18 in 16 order to provide him a massage? 17 A. Yes. 18 MR. PIKE: Form. 19 BY MS. ARBOUR: 20 Q. Did she tell you that during the course of a 21 massage with Mr. Epstein, she was touched in a sexual 22 manner by Mr. Epstein? 23 MR. PIKE Form. 24 11W WITNESS: Yes. 25 BY MS. ARBOUR: usaasiaLvar...iwniasa... • .•••••••••••••• 32 (Pages 620 to 623) PROSE COURT REPORTING AGENCY, INC. Electronically signed by ..leana Faceted (601 Electronically signed by Jeans Ricciuti (801 bdcd1876••c72o•432d 8cf0-blgae656129f EFTA00298372 Page 624 1 Q. Did she tell you that Mr. Epstein asked her to 2 remove her pants and her shin during that massage and, 3 in fact, she did remove her pants and shirt? 4 MR. PIKE: Form. 5 THE WITNESS: That she did, yes. 6 BY MS. ARBOUR: 7 Q. Did Jane Doe 2 tell you if Mr. Epstein removed 8 her bra and touched her breasts? 9 MR. PIKE: Form. 10 THE WITNESS: I believe so. 11 BY MS. ARBOUR: 12 Q. Did she tell you that Mr. Epstein masturbated 13 in front of her? 14 MR. PIKE: Form. 15 THE WITNESS: Yes. 16 BY MS. ARBOUR: 17 Q. Did she toll you that Mr. Epstein touched her 18 vaginal area? 19 MR. PIKE: Form. 20 THE WITNESS: Yes. 21 BY MS. ARBOUR: 22 Q. Did she — is this the one you were referring 23 to earlier where she told you that ho put his fingers 24 inside of her vagina? 25 MR. PIKE: Form. 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 626 Q. You testified earlier that you turned over a thumb drive to the FBI that had pictures of victims on it — A. Correct Q. — is that what you said? A. Correct. Q. Do you recall what girls were on that thumb drive that you turned over? A. The girls that were mentioned in the report. I know I acquired yearbooks from the schools for what they looked like back then, compared to DL photos that we were able to save their image. Of course I went onto my thumb drive... Q. And now the FBI has that? A. Any and all information. Q. You said it was in the report, the girls would be listed in the report. What report are you within!, to? A. The incident report. Q. Do you recall if there wore any pictures of Jane Doe 2 on that thumb drive? A. Yes, there was. Q. How about Jane Doe 4? A. Yes, there was. Q. How about Jane Doe 3? Page 623 1 THE WITNESS: Yes. 2 BY MS. ARBOUR: 3 Q. Did she tell you that Mr. Epstein made any 4 comments about her clitoris? 5 MR. PIKE: Form. 6 THE WITNESS: 1 believe he mentioned how large 7 it was. 8 BY MS. ARBOUR: 9 Q. Is it your understanding that from what Jane 10 Doe 2 told you, that these events happened before 11 Jane Doe 2 turned 18? 12 MR. PIKE: Fenn. 13 THE WITNESS: Yes. 14 BY MS. ARBOUR: 15 Q. Did Jane Doe 2 tell you she went there before 16 she turned 18? 17 MR. PIKE: Form. . 18 THE WITNESS: Yes, she told me she was, I 19 believe, 16 years of age. 20 MR. PIKE: Can we take a quick break? 21. MS. ARBOUR: I'm almost done. 22 Just for the record, live got the most amount 23 of plaintiffs and I've been the quickest. 24 (A brief recess was taken.) 25 BY MS. ARBOUR: 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 627 A. Yes, there was. Q. How about Jane Doe?? A. Yes. Q. How about a girl that we haven't discussed named Jane Doe 5? A. No. Q. How about a girl named Jane Doe 6? A. No. Q. How about Jane Doe 8? A. No. Q. At any time during your investigation, did you speak to lane Doe 5? A. No. Q. Did you speak to a girl named Jane Doe 6? A. No. Q. Did you ever speak to a girl named Jane Doe 8? A. No. Q. You were asked some questions earlier about a private investigator following you and pulling your trash I believe you said. A. Yes. Q. Can you tell me more about that? MR. PIKES Form. THE WITNESS: Sometime during the investigation, it was discovered that we had I 33 rages 624 to 627) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Ricciuti (601 bdcd1876 c72o 432d.8ctg.b19ac656129f EFTA00298373 Page 628 1 private investigators following myself and former 2 • Chief Reiter. When I would leave work and I'd go 3 visit my children, I would notice a car two lengths 4 behind 'no doing the exact same moves I did. If 5 sped up, he sped up; if I slowed down, he slowed 6 down. 7 I purposely — purposely drove way under the 8 speed limit just to see if he would go around. No 9 cars around us and he stayed right behind me. 1 10 made several U-Hints, he did the same exact thing. 11 So it was clearly evident I was being followed. 12 I did manage to obtain a driver's license 13 plate number and it carne back to a private 14 investigator. 15 I was actually called by one of the Pls, which 16 the phone number came back to the Law Office of Roy 17 Black in Miami. 18 As far as my trash being pulled, it became 19 clearly evident the day after Thanksgiving where 20 there is no trash pickup in my neighborhood, at my 21 house, the day after Thanksgiving, it's a holiday, 22 everybody's cans were full and mine is empty. 23 MIL PIKE: Form. Move to strike. 24 BY MS. ARBOUR: 25 Q. Did you eves do any research to determine the Page 630 1 September'05 to May 2006 time period? 2 A. Yes. 3 Q. Did you ever speak with any of the other 4 witnesses who indicated to you that they believed they 5 were being followed? 6 A. Yes. 7 Q. What witnesses indicated they thought they 8 were being followed? 9 A. I received several phone calls from Jane Doe 10 103, indicating that she was — her neighbors were being 11 talked to. People were going to her door representing 12 themselves to be a police officer at first and then 13 later identifying themselves as a private investigator. 14 Q. And did that occur sometime in that same 15 September'05 to May 2006 time period? 16 A. Correct. 17 Q. Did any other witnesses that you can recall 18 express similar concerns about being followed or being 19 investigated? 20 A. Yes. Jane Doe II. I had received several 21 text messages and phone calls indicating similar, where 22 Pls were speaking to her friends, her family, previous 23 boyfriends and following her around. 24 MR. PIKE: Fenn. 25 BY MS. ARBOUR: Page 629 1 identity of the private investigators that you believed 2 were following you? 3 A. Yes. I did obtain — based on their license 4 plate, l was able to obtain who they were and which PI 5 firm they represent. 6 Q. Did you ever speak to any -- 7 MR. PIKE: Same objection. 8 BY MS. ARBOUR: . 9 Q. Did you ever speak to any representatives of 10 that PI firm? 11 A. No. 12 Q. Do you have any information about who, if 13 anyone, hired them to follow you? 14 A. Aside from that one phone call that came back 15 to Roy Black's office. 16 Q. And that was the investigators calling you or 17 you were calling the investigators? 18 A. No. They actually called me by mistake. 19 Q. Okay. So you didn't actually speak to anyone? 20 A. No. They asked me who I was, and I said who 21 are you, and they hung up. I had the number on my 22 caller ID. I cross referenced the phone number and it 23 came back to it. 24 Q. And to the best of your recollection, all of 25 this occurred sometime in that September to May 2006 -- Page 631 1 Q. Did Jane Doe 7 ever express to you that she 2 was worried she was being followed or investigated by a 3 private investigator? 4 MR. PIKE: Form. 5 THE WITNESS: Not that I can recall. 6 BY MS. ARBOUR: 7 Q. How about Jane Doe 3? 8 MR. PIKE: Form. 9 THE WITNESS: Not that I can recall. 10 BY MS. ARBOUR: 11 Q. How about Jane Doe 4, did she ever indicate Iti 12 you that she was worried that she was being followed t 13 investigated? 14 MR. PIKE: Form. 15 THE WITNESS: Not that I can recall. 16 MS. ARBOUR: I think that's all I have. 17 CROSS (DETECTIVE JOE RECAREY) 18 BY MR. GARCIA: 19 Q. Just a couple of questions. Jane Doe II, you 20 just mentioned her, how many phone calls or how many 21 conversations did you have with her? 22 A. Probably less than a handful. 23 Q. By phone or in person or — 24 A. By phone. 25 Q. And how did you meet Jane Doe II? 1 PROSE COURT REPORTING AGENCY, 34 (Pages 628 to 631) INC. Electronically signed by Jeana Ricciuti (601 Electronically signed by Jeana Rlcciuti (801 bdcd1876•c72o•432c1.8c10-b19ae6561291 EFTA00298374 Page 632 Page 634 A. Actually, she came to the police station and 1 already -- the discussion was occurring already with the 2 spoke with Detective Dawson once there was information 2 FBI, and there was original talk in the very beginning 3 pertaining to Mr. Epstein's arrest 3 with the State Attorney's office that they were going to 4 Q. After the arrest was made? 4 amend the charges, depending on the new victims that 5 A. Correct. 5 came forward and what they had to say. And then the 6 Q. Why was that assigned to Detective Dawson as 6 Feds came in and then... 7 opposed to yourself? 7 Q. And then that was that? 8 MR. PIKE: Fonn. 8 A. That was it. 9 THE WITNESS: I had taken a week vacation. 9 Q. Do you know a man named Charles or Gerald 10 BY MR. GARCIA: 10 Goldsmith? He ran for mayor or something. 11 Q. Was there any followup after Detective Dawson 11. A. Yeah, I know of him, but.. 12 spoke to her? 12 Q. You've never met him? 13 A. Yes, I did make telephone contact with her, to 13 A. I mean,11cnow who he is if I see him, but he 14 let her know that I had the case, and that I was going 14 doesn't — we don't speak or... 15 to be looking into the case further. When the FBI took . 15 Q. Did Chief Reiter ever tell you or confide in 16 all the information, I notified her and let her know 16 you or report to you that Mr. Goldsmith was seeking 17 that the FBI was going to be looking into this as well. 17 information about the investigation of Mr. Epstein? 18 And then it was clearly evident to me that it was just 18 A. He had mentioned that to me. 19 going to be the FBI looking into this, so... 19 Q. And what did he tell you about that? 20 Q. And now, was the -- Pm trying to just piece 20 A. That he had received basically an inquiry from 21 together the sequence. You said she came to you after 21 Goldsmith and basically to back off the investigation. 22 Epstein was arrested, correct? 22 Q. Do you recall when Chief Reiter reported this 23 A. Correct. 23 to you? 24 Q. Had the FBI already taken your files at that 24 A. No. 25 point? 25 MR. PIKE: Form. Page 633 Page 635 A. Negative. 1 BY MR. GARCIA: 2 Q. So there was an arrest. And the plea deal, 2 Q. Was there any issue about any donations that 3 was that struck shortly after the arrest? 3 Mr. Epstein had made to the Police Department? 4 A. The plea deal didn't get struck until further 4 A. You know, I heard he had made a donation and 5 down the road. 5 it was returned to him, but I don't know any of that 6 Q. But it was after the FBI took all your 6 infonnation at all. 7 documents? 7 Q. Regarding the conversations that you had with 8 A. When she came in? 8 Jane Doe II, you said there were some text messages or 9 Q. No, in terms of the plea deal. 9 phone calls. Did you make any reports of those 10 A. Oh, yeah, it was after, way after. 10 conversations? 11 Q. And other — I have one statement that she 11 A. No, I did not The text messages was because 12 gave to detective — Pm sorry, Sergeant Dawson, 12 she was concerned that her family, her boyfriend were 13 apparently. It's dated — can you tell me what the date 13 being questioned by PIs, they were being told certain 14 of that report is? 14 things about the case, and she was concerned that it was 15 A. 7/28/06. 15 like a harassment type of thing. 16 Q. Do you know if there are any other reports 16 Q. Was she able to ascertain the names of the 17 that were taken of Jane Doe ll's involvement in this 17 investigators? 18 case from the Palm Beach Police Department? 18 A. I believe she did. I believe it was on the 19 A. Not that I'm aware of. 19 text message she sent me. 20 Q. That's the only one? Okay. 20 MR. GARCIA: Okay, that's alit have. 21 Did you ever present her information to the 21. MS. ARBOUR: Can I just ask one more? Is that 22 State Attorney's office for a criminal prosecution? 22 all right? 23 A. No. 23 RECROSS (DETECTIVE JOE RECAREY) 24 Q. Do you know why? 24 BY MS. ARBOUR: 25 A. Prior to me getting into the case, there was 25 Q. Detective, during the course of your 35 (Pages 632 to 635) PROSE COURT REPORTING AGENCY INC. Electronically signed by Jeana RIcclutl (601 Electronically signed by Jeana Rlcclutl (601 bdcd1876-c72o-432d-Bcf0-blilae656129f EFTA00298375 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 636 1 investigation, would you say that it was absolutely 2 critical that you knew the amount of limes a girl went 3 to Mr. Epstein's house? 4 MR. PIKE: Form. 5 THE WITNESS: Would I say it was critical? 1 6 wanted to know if it was once or twice, more than 7 10, more than 15, more than 20. 8 BY MS. ARBOUR: 9 Q. Would it be fair to say it was more important to you, during the course of your investigation, to get a general sense of what happened and approximately how many times it happened rather than an exact number of times? A. Correct. MS. ARBOUR: That's all I have. RECROSS (DETECTIVE JOE RECAREY) BY MR. GARCIA: Q. I'm sorry, I forgot to ask you something. The Assistant State Attorney that you were working with on this case -- A. Yes. Q. -- I keep forgetting her name. What's her name a.? A. Q. Now, is she an attorney who tried a lot of 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 638 Q. Did she know that it was a federal crime to solicit tmderaged women for prostitution? MR. PIKE: Form. BY MR. GARCIA: Q. Or did she appear to know that? MR. PIKE: Same. THE WITNESS: I have no idea. MR. GARCIA: All right Thanks. MR. PIKE: Any followup? Okay. MS. O'CONNER: So we're concluded, right? MR. PIKE: We are concluded. MS. O'CONNER: We're going to read. (Witness excused.) (Deposition was concluded.) 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 637 cases for the State Attorney's office or did she work more in the intake section of the State Attorney's office, if you know? A. I don't know exactly how many times she's been to tried, but --1 couldn't tell you. Q. And did she make the presentation to the grand :WY? A. Yes. Q. By herself? A. Yes. Q. Did you ever participate in any cases where she was the trial attorney for the State Attorney's office? A. No. No, I did not. Q. And did she explain to you why she thought that these minor girls who were lured, in exchange for compensation to perform sex acts on Mr. Epstein, were not victims in her mind? MR. WEINBERG: Form. THE WITNESS: Based on the MySpace pages that she viewed, she had mate that determination. BY MR. GARCIA: Q. Just based on that? A. That was my — that's what she basically told me. 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 639 CERTIFICATE OF OA114 THE STATI3OF FLORIDA cowry OF PALM BEAM 1, the undersigned authority, certify that DE,7BCFIVE 1OE RECAREY personally appeared below int tn.! was duly swan on the 27th day of April, 2010. Dated this 27th day of April, 2010. C hams Ricciuti, RPR, 1TR, Cllr" Notary Public- Star of Florida My Commission Expires: 2/172013 My Commission No.: DD 854778 1 PROSE COURT REPORTING AGENCY, Electronically signed by Jeana Ftleclud (601 Electronically signed by Jeana Rleelutl (601 s 36 (Pages 636 to 639) INC. bded1876 c72o.432d•8ef0-b19ae6561291 EFTA00298376 Page Bd Page 642 1 CERTIFICATE 2 THE STATE OF FLORIDA 3 COUNTY OF PALM BEACH 4 5 Llama Ricciuti, Rq3istcrcd Professional Repeater and Notary Public in and for the State of 6 Makin at lame, do hereby ecetiy that I was authoi mai to and did report staid deposition in 7 stenotype. and that the fon-vain pages ore a true and correct trainer :Sion of my shorthand notes of said 8 deposition. 9 I further comfy that said deposition wri taken at the time and place hereinabon act forth and 10 thee the taking of said deposition was canoe cord and completed as hereinabovc set out 11. I Rather certify that I ant not an attorney or 12 counsel arty of the partia, not ant I a relative or employee of any atUrney cr counsel of party connected 13 nith the action, nor am I fituincially irterated in the Mien. 14 The romping certification of this tronsuipt 15 does not apply to any reproduction of the same by any means unless under the direct control taid/or direction 16 of the certifying reporter. 17 Dated tins I 1th day of May, 2010. 18 19 20 21 22 23 24 25 C... 451:20t 41 gonna Rieciuti, EPP, CLR 1 CERTIFICATE 2 3 THE STATE OF FLORIDA 4 COUNTY OF PALM BEACH 5 I hereby certify that I have read the 6 foregoing deposition by me given, and that the 7 statements contained herein are true and correct to the 8 best of my knowledge and belief, with the exception of 9 any corrections or notations made on the errata sheet, 10 if one was executed. 11 12 Dated this day of 13 2010. 14 15 16 17 18 19 DEFECTIVE JOE RECAREY 20 21. 22 23 24 25 Page 641 1 DATE: May11.2010 2 TR DEfECTIVE10ERECAREY doJoann:1A Orator Esquire 3 JONES, Bus I tit, JOHNSTON At STUBBS 505 Sooth Hagler Ent. Suite 1100 4 West Palm Beach. Florida 33401 5 IN RE: lane Doe 2 v. Pprtein 6 Ham take notice that on Tuesday, the 27th of Apil, 2010, yea pot your depoition in the olison cla nal pastel. AT that now, you did out went siimattec. It is now non:trythat you sip your 8 rlopinition As deviously speed to the tneseript will 9 be finished to you through Emo ccwnd Plane read the following instnictices earthily: 10 At the and affix transcript you %nil Rod an coatis shed. As you read your demcwoon: eny (lunges 11 or conections Ihrt you oish to coke shoil4 be noted on 1hµ al du Steel, citing Luba am1 line :Amax/ or um 12 change. DONUT write M ILK illinalF4 Olt: Once you bee mad the oniony end WWI nay changes, be 11 due to sign and date the dram Ad/ and mum these pones to nte. 14 If wet do ad mad end acei the &Porn, within a tenonatik time , days unless aliay.ise 15 directed) the cuirthal, %Ain has already beat forwarded to the ordering attorney, may be filed nth the Oak of 16 the Coon. If yru wish to waiw yow sitarist, aim your come in the Nankai the bittern of this hoer rid 17 retro it tons. 18 Very may yours, 19 Scam Ricciati, RPR IPA CLR PRIM 001111 Reporting Amoy. In. 20 250 S. Auslralin Avenue, Ste 1500 Wert Palm Reath, Florida 33401 21 22 I do botchy waive my *entre 23 24 DU tut WE ICE RECAREY 25 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 :9 20 21 22 23 24 25 Page 643 ERRATA SHEET IN RE JANE00B2 v. EPSIE114 CR: NANA RICOUIT DEPOSITION OP: DEFECIIVEJOERECAREY TAKEN: Apnl 27. 2010 DO mar von cennansaurr -Dust CHANGES HERE PAGES W181 CHANGE REASON Please thorns(' tic miginfl sided 011111 aka to this office so dot copes may be donihred to all panics. Utak: penalty of perjury, I declare that I hem read my deposition and Poi it es tor and coned subject to any damps in form or substheve atered bac. DATEt SIONATUREOF DEPONEWP 37 (Pages 640 to 64 ) PROSE COURT REPORTING AGENCY, INC. Electronically signed by Jeana Riccluti (601 Electronically signed by Jeana Ricciutl (601 bdcd1876-c720-437d-800-619nc6561791 EFTA00298377