EFTA00312746.pdf

KIRKLAND & ELLIS LLP MDMMATIDMATMASMM Jay P. Lalkowitz, P.C. To cay: MEM. ~mundane.= October 28, 2010 By E-mail and By Hand CONFIDENTIAL Jennifer Gaffney, Esq. Deputy Bureau Chief, Sex Crimes Unit New York District Attorneys Office One Hogan Place New York, NY 10013 Patrick Egan, Esq. Assistant District Attorney, Sex Crimes Unit / Trial Bureau 40 New York District Attorneys Office One Hogan Place New York, NY 10013 Re: SORA Determination for Jeffrey E. Epstein, NYS1D # OS1909, Supreme Court Case # 30129-2010 Dear ADA Gaffney and ADA Egan: As you know, we represent Jeffrey E. Epstein, who is scheduled to appear in New York Supreme Court, Part 66, on Tuesday, November 9, 2010 for a hearing before the Honorable Ruth Pickholz pursuant to New York's Sex Offender Registration Act (SORA), N.Y. Correction Law § 168 et seq. (McKinney 2008). To follow up on our conversation in your office on October 13, and as you have requested, we are providing you with a select sampling of materials that we believe expose the stark contrast between the inflammatory, speculative case summary presented by the Board of Examiners in its recommendation for Mr. Epstein, and the actual evidence that exists concerning the alleged conduct for which New York seeks to require Mr. Epstein to register under SORA. We believe that these materials validate our position that Mr. Epstein should most appropriately be designated as a Level 1 offender. Not only is the Board's Level 3 recommendation absurd, given that the offense triggering the registration requirement would most likely have been a non- registerable misdemeanor if committed in New York instead of Florida, but as laid bare by the attached sampling of transcript excerpts and other evidence, the Board's purported calculation is also unsupportable under the applicable "clear and convincing evidence" standard. Chicago Hong Kong London Los Angeles %rich Palo Alto San Francisco Shanghai Washington. D.C. EFTA00312746 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 2 First, as we attempted to explain during our meeting with you, the specific conduct which formed the basis of Mr. Epstein's conviction requiring registration under Florida law -- a conviction for Procuring a Person Under 18 for Prostitution, in violation of Fla. Stat. § 796.03' -- was a consensual arrangement in whic . Epstein received massages and engaged in sexual touching in exchange for money withM., a young woman who was over New York's age of consent when the offense cited in e forma abundantly clear b the attache excer from .'s was certaml by the time events "escalated" from massages to sexual conduct: • Exhibit Tr. 2:5-1 . scat' , which would have made h when she was interviewed by D et. ). • Exhibit A, Tr. 3:15-20 11. stating that she first heard about Epstein from a friend "about a year ago"). • Exhibit A, Tr. 5:14-23 S. stating that after meeting Epstein for the first time, she "didn't go again for about two months or so"). • Exhibit A, Tr. 6:13-22 5. telling that she saw Epstein approximately 15 times in total, and "things escalated" as time went on). Furthermore, the record is undisputed that.. was at leash and over New York's age of consent during the one time that she engaged in consensual sexual intercourse with Mr. Epstein: • Exhibit A 'Jr. 8:17-9:23 . star ). • Exhi it A r. • -17 ti t a all of her conduct with Epstein.' ).2 i As previously noted, Jeffrey Epstein concurrently pleaded guilty to an indictment charging him with one count of Felony Solicitation for Prostitution, Fla. Slat § 796.07(2Xf), (4Xc), which is not a registerable offense under Florida or New York law. See Ha. Stat. § 943.0435; N.Y. Correction Law § 168-a(2)(a). 2 Notably, in a Probable Cause Affidavit Si signed under oath and filed with th in order to obtain an arrest for Jeffrey Epstein, bet in discussing allegations involving M., omitted the material fact their:Clearly stated that her decision to engage in intercourse with Epstein was consensual. EFTA00312747 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 3 • See also Exhibit B. Den. 418:14-419:5 testi 'ng that told him. before their interview, w en . was ana near Moreover, contrary to a characterization in tl • • ' Case Summary,. was clear in her testimony that she voluntaril in front of Epstein when she was well over and nearing he w Tr. 12:12-13:12 a. statin the last time that she saw Epstein -- hich, based on testimon cited above, was - was the week before • Exhibit A, , and further stating that the one time she was with the female friend was shortly before that, around October 2nd or 3rd). All of this conduct involving II. would have constituted, at most, a non-registerable misdemeanor if committed in New York instead of Florida. See N.Y. Penal Law § 230.04 (McKinney 2004).4 Because it cannot be proven by "clear and convincing evidence (or indeed, by any credible evidence) that Mr. Epstein engaged in sexual conduct with specifically during the time that she was under 17, Mr. Epstein is not guilty of any registerable offense under New York law. See N.Y. Correction Law § 168-a(2)(a)(i). A brief look at the evidence concerning another woman who appears to play a significant role in the Board's recommendation, similarly demonstrates that Det. mischaracterized IN's claims to manufacture registerable conduct with respect to For example, could not provide firm or even approximate dates for her earliest interactions with Mr. Epstein: • Exhibit C,. Tr. 2:24-27 AI. stating r date of birth is which would have made her when she was interviewed by Det. off). Again, the transcript oal's interview with Det reveals significant prejudicial Sc acies in Probable Cause Affidavit. For example, swore that . claimed that agar c ge to . Epstein pleaded guilty criminalizes the prostitution of a person who is under the age of 18 (i.e. 16 and 17 years old), see Fla. Stat. § 796.03, but under New York law, patronizing a prostitute is only a registerable offense where the prostitute is ander the age of 17, whether under 2004 law or the broader scope of Penal Law § 230.04 in effect today. See Correction Law § 168-a(2)(a)(i) (stating that Patronizing a Prostitute in the Third Degree, N.Y. Penal Law § 230.04, is a registerable offense "where the person patronized is in fact less than seventeen years of age"). EFTA00312748 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 4 • Exhibit C,11. Tr. 3:11-20 estimating that her contact with Epstein lasted somewhere between a year and a half and two years). • Exhibit C,M Tr. 4:12-23 M. guessing about the timings.LheUrst meeting with Epstein and stating that she does not know whether she waMorill). • Exhibit Tr. 11:42-12:4 1 . . saying that she cannot keep track of specifically when different events with Epstein took place). While.. could not say with certainty when she first met and massaged Mr. Epstein, stated definitively and unambiguously that she w • Exhibit C,Ill Tr. III:21-33 IE. saying that she was "definitely" 17 whe -but that she could not recall the specific date of when that took place). • See also Exhibit B, Dep. 407:4-411:9 M. wasp or■ during date). In addition to establishing that.. was 17 during her interacts with Mr. Epsteiiiii therefore, Mr. Epstein's conduct toward her is not reportable), M.'s statements to further reveal that'll. viewed her interactions with Mr. Epstein{both sexual as well as her testifying that he understood that or which she could provide no specific • Exhibit C,. Tr. 15:1-21 (E. telling that Epstein would pay her money to spend time with him, relax by the pool, and eat meals, without any sexual activity, and • Exhibit C unless h Tr. 20:13.2 et • Exhibit C, Tr. 19:13-23 • F,xhibit C Tr. 20:35- 46 EFTA00312749 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 5 • Exhibit C, Tr. 13:28-41 ( statin that even after s eakin to olicc she "didn't • Exhibit C Tr. 27:12-27 ft The enclosed excerpts should make clear that fl -- inaccurately described in the Board's recommendation as the "16-year old victim" who went to Epstein's home "at least 100 times" -- was not, in fact, a victim of any reportable criminal conduct by Jeffrey Epstein, but rather, was an opportunistic young woman who, at 17 and 18 years of age, repeatedly made conscious decisions • Exhibit D, Palm Beach Police Report S for A. In short, was not a victim of Jeffrey Epstein, and accordingly, Mr. Epstein's conduct involving . should not factor into the SORA assessment at all. In fact, transcriptsigce interviews with numerous other women who are cited in the police reports and in the Probable Cause Affidavit reveal multiple other troubling inaccuracies and exaggerations in the police paperwork on which the Board apparently blindly relied in reaching its unsupportable Level 3 recommendation. The following are just a few examples of several such egregious misstatements and material omissions in the police paperwork: • Exhibit F, Tr. 11:25-12:21 ., who introduced Epstein to several women, telling police that Epstein liked girls who were "between the ages of like 18 and 20" -- a qualification that appears to have been deliberate) omitted from statement in the Probable Cause Affidavit that Epstein told M., "The younger, the better"). EFTA00312750 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 6 • Exhibit GIME Tr. 5:18-23, 11:6-22 (17-year-old woman stating to police that Epstein did not touch her inappropriately, did not try to touch her and did not masturbate while she gave him a massage, despite allegations in the Probable Cause Affidavit that Epst • • Exhibit II, Tr. 2:25-3:12, 18:7-20 (woman stating that she was 17 when she first met Epstein and telling police that Epstein never used any sex toys on her and touched her with his hands (as opposed to "something else'l. refuting a claim Probable Cause Affidavit tha • Exhibit I, Tr. 12:6-12 Ian telling police that she was 17 when she first met Epstein, in contradiction to the IMIll Probable Cause Affidavit which states that this same woman was only 16 when she first met Epstein) • Exhibit J, Tr. 4:10-11, 11:4-7 (woman statin that her date of birth =NM MI, which would have made here years an' old during her sole contact with Epstein in and testifying that her interaction with Epstein was entirely consensual ite claim in the Probable Cause Affidavit that she had "just turn ' and suggestion that she was coerced or tricked into interacting with Epstein). • Exhibit Ker. 3:18-4:1, 5:6.15 (clarifying that woman wan years old during her sole encounter with Epsaid therefore, any sexual conduct with him described in the police report and Probable Cause Affidavit should not be scored under SORA and was not even criminal or reportable under the applicable Florida law). In fact, in a deposition, Det. himself acknowledged that there were certain other damning allegations contained in his police reports that he failed to correct, to the detriment of Mr. Epstein: • Exhibit B, Dep. 423:1.425:17 ( testifying that he knew that Epstein had purchased covert cameras near his desk on the first-floor of his Palm Beach home following a burgl to 2003, a fact that failed to mention in his police report when noting that MI "found" a covert camera located in that very location). • Exhibit 13, Dep. 458:8-460:18 AM. testifying that he knew that certain objects recovered from Epstein's garbage, which had been incorrectly identified as "anal EFTA00312751 KIRKLAND & ELLIS LLP Jennifer Gaffiiey, Esq. and Patrick Egan, Esq. October 28, 2010 Page 7 wands," were in fact broken eating utensils (not sex toys), and noting that he made no amendment in his police report to reflect that correction). also admitted in his deposition that the prosecutor handling the Epstein matter, whom acknowledged to be an experiencscimosecutor specializing in sex crimes cases involving children, expressed her view to ME that, "There are no real victims here." • Exhibit B, Dep. 484:2 3 a conceding that the Florida prosecutor handling the Epstein case told that there were no victims in this case). • Exhibit B, Dep. 506:18-507:21 . acknowledging that the Florida prosecutor handling the Epstein case had been with the State Attorney's office for approximately twenty years and specialized in sex crimes cases involving underage children). Indeed, the state prosecutor herself investigated and evaluated the allegations of the numerous women cited in Det. 86-page police report and apparently discounted most of them, determining that the only charge for which he could be indicted was one count of Felony Solicitation for Prostitution, Fla. Stat. § 796.07 (which, as previously noted, is not a registerable offense under Florida law, see Fla. Stat. § 943.0435). No charge of rape or sexual contact with a minor was ever prosecuted in connection with any allegations made against Jeffrey Epstein, a fact that, in itself and by the terms of the SORA Guidelines, is compelling evidence that such offenses did not occur. See Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, Commentary at 5,117 (2006). Accordingly, Jeffrey Epstein should not be scored for such alleged conduct that was squarely rejected by the prosecutor and/or grand jury. The evidence also makes abundantly clear that Jeffrey Epstein did not know that certain of the woman whom he hired to give him massages were underage, due in large part to the fact that these women lied outright and sought to deceive Mr. Epstein about their ages: • Exhibit F, Tr. 12:13-21 . tellin olice that she lied to t • Exhibit J, Dep. 15:25-17:2 (woman testifying that she was told b that she had to be over 18 to massage Epstein, • Exhibit G, Tr. 5:5-8 (woman telling police that Epstein did not know her age). EFTA00312752 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 8 • Exhibit L, Tr. 38:21-39:18 telling police that she told Epstein that she was 18 and in twelfth grade because told her that Epstein would not allow her in his house if she was under 18). • Exhibit M, Dep. 32:1119, 35:19-38:7 testifying that she was told that Epstein would not allow her into his house if she was under 18, • Exhibit N,_Dep. 6:11-20, 7:24-8:8 (woman testifying that she was instructed to tell Epstein that she was 18 if she wanted to give him a massage for money • Exhibit O, Tr. 13:16-22 (woman telling police that Epstein never knew her age, but she was instructed to tell Epstein that she was 18 because women had to be a certain age to massage him). In fact, M, the sole 14-year-old cited in the Board's write-u h • Exhibit P, Ill's MySpace Page j rtraying to be age 18 ins when she • FxhibitM, Dep. 68:12-69:18 her MySpace page). • Exhibit M, Dep. 108:7-110:1 • Exhibit M, Dep. 121:3-21 (a she was 14, before she ever met Epstein). This evidence represents just a small sampling of the materials generated during the lengthy investigation and prosecution of Jeffrey Epstein (as well as during the case's aftermath), but we believe it exposes the allegations cited in the Board's case summary as being unsubstantiated and utterly unreliable. The glaring discrepancies between the accounts of various women and the mischaracterization of their claims in the police paperwork, the lack of reliable evidence that EFTA00312753 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 9 certain women were underage at the time of their encounters with Mr. Epstein, and the questionable credibility and self-interest of many of the women cited all support the conclusion of the Palm Beach prosecutor that there were no victims here. Moreover, these facts cannot support by "clear and convincing evidence" the grossly inflated SORA risk assessment calculation offered by the Board. For all of the reasons set forth herein and in our letter of October 11, 2010, therefore, we ask you to reject the Board's recommendation outright and advocate for a more reasonable Level I designation, in line with what several other jurisdictions have already done. Finally, on a separate but related point, we note that upon further consideration and investigation, our current view is that Jeffrey Epstein should not be required to register in New York at all! Mr. Epstein maintains his primary residence in the U.S. Virgin Islands and does not actually live, work, or attend school in New York, the three measures which determine whether someone needs to register under SORA. See N.Y. Correction Law § 168-a(14), (15), § 168-k. Indeed, the New York State Department of Taxation has not recognized Mr. Epstein as a domiciliary of New York since 1992, despite the fact that he has maintained a vacation home in New York since that time: • Exhibit Q, State of New York Department of Taxation and Finance, 3/1/1996 Statement of Personal Income Tax Audit Changes, at 1. Mr. Epstein has already registered as a sex offender in the jurisdiction of his residence -- the U.S. Virgin Islands. And the other states where he owns secondary residences -- Florida (the state of his offense) and New Mexico — have determined either that he should only be subject to that jurisdiction's lowest reporting obligations or that he is not required to register at all. Yet even in New Mexico, where he is not required to register, Mr. Epstein has chosen to maintain his registration, again, to ensure his compliance with federal law. Because it is our view that Jeffrey Epstein should not be required to register in New York at all, given the short temporary visits he makes to the state, should he be designated as anything other than a Level 1 offender, we would likely be compelled to challenge the initial determination of the Board concerning his obligation to register in New York in the first instance by filing an Article 78 proceeding. Thank you again for meeting with us two weeks ago and for giving us the opportunity to provide you with these materials. We hope that these excerpts and other documents have Of course, as we discussed in our meeting, Jeffrey Epstein intends to register in New York under SORA, whether required to or not, in order to ensure his compliance with the federal Sexual Offender Registration and Notification Act (SORNA), 42 U.S.C.A. § 16901 et seq., and indeed, he has voluntarily been registered with the N.Y.P.D.'s Sex Offender Monitoring Unit (SOMU) since May 20, 2010. EFTA00312754 KIRKLAND & ELLIS LLP Jennifer Gaffney, Esq. and Patrick Egan, Esq. October 28, 2010 Page 10 demonstrated to you that the Board's recommendation was based on an imprecise analysis of a flawed presentation of allegations. The evidence that we have presented reveals that the Board failed to scrutinize, or even consider individually, the allegations contained in the police reports, and as a consequence, the Board came up with a recommendation that deviates dramatically from the findings of the prosecutor who investigated and evaluated this case, as well as every other jurisdiction that has considered Mr. Epstein's registration obligations. For all of these reasons, we ask you to reject the unfounded recommendation of the Board of Examiners, which cannot be supported by clear and convincing evidence, and instead, defer to the discretion of the states that have a more direct nexus to Mr. Epstein and his offense by designating Mr. Epstein as a Level 1 under SORA. We are happy to meet again or schedule a call should you require additional information or wish to discuss this matter further. In any event, we look forward to speaking with you about this matter and your position on the SORA hearing in advance of our scheduled court date on November 9th. Sincerely, Jay P. Le t r 'tz, P.0 Sandra Lynn Musumeci IPL/slm Attachments EFTA00312755 EXHIBIT A EFTA00312756 Page 1 In 8I: I bityrAPED 1 WE RV1Rit O1 Sandy Rossi Notary Public:, state. of tic:tido Connor and Avow:latex Phone - J. Consor & Associates Reporting & Transcription 561.682.0905 choti4•00,2R-434•404-34012d EFTA00312757 ate 4 5 Q Okay. I forgot my stuff was already hem 6 Ashley, tight? 7 A Yes. 8 Q You have any identification with you? 9 A In my car. 10 Q In your cat? 11 A Yeah. 12 Q Okay. What's your middle name? 13 A 14 Q And your date of binh? 15 A Pogo 1 15 O Okay. Why don't you stag frum the beginning and 16 tit ask you questions along the way. 11 A Okay. About a year ago -• 18 Q Uh•huh. 19 A a fritmd of mine told me about Jeffrey. Shc 20 said like she was helping him find girls. 14 Q Okay. This all happened the first time you went I 5 or how many times have you gone/ 16 A I've been — I went the first time and then I 17 didn't go again for shout two months or so. And then it was 18 about once • month after that for a little while. But I 19 haven't talked to them -- I don't know when I talked to than 20 last actually. The act time I talked to the girl, one of 21 the girls that stay at the house, they were out of town. I 27 don't know what they were. And I haven't heard from them 23 since. 2 (Pages 2 to 5 J. Consor & Associates Reporting & Transcription 561.682.0905 dan4•004:2P-4364-94b44142032d EFTA00312758 r. a .ly or 11 Q (any. So in (Mut how many tiota love you glint to f•.,9. I 17 le 70 7I 22 23 24 6 N ro 10 11 12 13 IA IJ 16 1/ 1111 19 7.0 21 22 23 Paqr 9 1 (Pages 6 to 9) J. Consor & Associates Reporting & Transcription 561.682.0905 dann4e0d-e217-436a-9anlia EFTA00312759 7 9 1 11 1.1 13 14 1:• 16 1 • lb 19 21.; 21 27 23 25 A Ike name my mind wad completely blank, I 7ry rage 11 1 uw1 rononba her name. I know sties nom otcha.1O,4kou 7 Q Okay. 2 A Bid I cannot remember her name. 4 Q What happened durin Ono rime? 4 5 7 9 10 11 • 12 18 19 20 71 77 23 29 25 4 'Pages 10 to 13) J. Consor & Associates Reporting & Transcription 561.682.0905 diale0draft-436a-flab$414aficf EFTA00312760 5 (Pages 14 to 17) J. Consor & Associates Reporting & Transcription 561.682.0905 da414e0d-tM4368-gablI•dialtlidid EFTA00312761 EXHIBIT B EFTA00312762 Page 32C I IN THE. CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT MAND a gajUl&ML FLORIDA CASE Al) 3 E 4 Plencirt 5 6 VOLUME 111 OF IV MIMS Dctmdane 9 10 7: 12 DEPOSI DETECTIVE11~ :3 14 "Natty. Ayel 27. 2010 15 10 03 • 523 pa 16 505 South ~cr Driv< Sim< 1100 37 Wca Pam Buck Florida 33401 18 39 20 21 22 Ftcpork41DY /en Riratai, RPR, ØØ 23 Nancy Public. Size &Florida Doe Coln Repordoe 24 lob Na: 1509 25 Pace 321 Page 322 Page 323 (561) 832-7500 2 (Pages 32O to 323) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506. Electronically signed by Jeans Waded (601.280-428413/11) Eloctronkally algnad g Jeana RIcclutl (601-280-4264381J c60621137-abs1-452ce8364x614e314dTa EFTA00312763 Page 404 Page 406 Page 405 Page 907 4 Q. La me sec 'flan find this for you. At the 5 bottom of page 10 of that affidavit, at September 11, 6 2005, WPAli, DOB, was 7 Beach Police Department. Theo the 8 that we're talking about, correct? Ifs the very last 9 line. I'm only pointing out the date of birth. 10 A. Yes. 11 Q. So she was las of DecembeMM, 12 cared/ 13 A. What page was that, I'm sorry? 14 Q. This is the bottom of le 10. 15 A. Sbe would have been yes, if= 16 18 Q. And she didnt ou a dale on this one. 17 A. Q. And when you interviewed Ms. lane Doc 19 Mon October 10th and October 11th, and she told you 20 about this one event where Were was marten 21 22 23 24 25 Q. A. I can't recall if she did or she didn't. Italic gave you &date, it would be in the 23 (Pages 404 to 407) (561) 3 2 — 5 0 0 PROSE COURT REPORTING AGENCY, INC. : (561) 832-7506 Electronically signed by Jeans Ftleclud (601.260.428.9351) Electronkally signed by Jean. Ricclud(601-280-4211-9301) 96092637.96•14$29498311-bcAS14•3144:174 EFTA00312764 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 408 1 report — 2 A. Yes, sir. 3 Q. — and if she didn't, either she didal remember a she wasn't asked; is that right? 5 MS. ARBOUR Form. . 6 THE WITNESS: No, !know that I would have 7 asked her. BY MR. WEINBERG: • Q. So if we doll have a date in the report as to how long before October 10 and 11, 2005 that single event occurred, then she didn't remember, is that right? MS. ARDOUR: Pone. THE WITNESS: Can you ask that question one more time? BY MR. WEINBERG: Q. Sure. If there's no date for that — A. Then she did not recall that specific date. Q. And therefore, since she was seeing Mr. Epstein, according to valet she told you, over some extensive period of time, it could have occurred while she was — befar or it could have occurred we just have no way of 'mowing? A. It would have been before because one of the last times that she met with him was what she provided 1 2 3 4 S 6 7 8 9 10 11 12 13 24 15 16 17 18 19 20 21 22 23 24 25 Page 410 ubord • A. I'm trying to recall, because I do remember her stating that she was going less and less. Pm trying to recall, because I know she was going less and less to his residence. Q. Do you recal1writing in this table cause affidavit that events —that Jane Doe you that Ka relationship continued to escalate during the period she saw Mr. Epstein? A. Fri:intik beginning, yes. Q. And Ws fair to say that some subset of those couple of yew occurred after she turned 18, and a significant part of it was before she turned 18, correct? A. The s significant art I would sat — 2 3 4 5 6 7 8 9 10 11 12 13 14 35 16 12 18 19 20 21 22. 23 24 25 Page 409 Q. And when was that a high school transcript? The high school year ends in the spring? A. It would have been, yes. Q. And not in December? A. Correct . Q. And so if sheMIMEME that would have been in the middle of her senior year in high school? A. Correct. Q. And therefore, she continued to see Mr. Epstein after she was 18 and up to the period inunerlimPly before her graduation in the spring of 2005, correct? Let me date it another wa She was a freshman at college when A. Comet . Q. Therefore, she was a Senior in high school up • A. Correct. 1 of it when she was 18 3 4 5 6 a 9 Pay•-• and par Mil l!..was fore she was IS correct? A. I would assume so. 24 (Pages 408 to 911) (561) 832-7503 PROSE COURT REPORTING AGENCY, INC. ' (561) 832-7506 Electronically signed by Jean' Ricciull (60i-280-428-9311) Electronically signed by Jena RlcclutJ (601-210-121-9381) cf.002537.abo1462c4a831-bc614•31407a EFTA00312765 Page 416 14 15 16 17 10 19 20 21 22 23 24 25 Page 417 1 2' 3 4 5 (561) 832-7500 26 (Pages 416 to 419) PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by Jeans Ricciuti (601.2$0.42$-93$1) Electronically signed by Jeans Fticclutl (601-200428-93111) c60112637abet462c-a$34-bc6148314ffla EFTA00312766 Page 421 1 1 1 1 1 .1 1 1. 1 1 2 2 2 2 2 rag- 42,. Page 423 1 Q. You were a participant in the investigation 2 burglary when Mr. Epstein was the victim, oared? 3 A. Correct_ 4 Q. As part of your assistance, you brought 5 eatain cameras into Mr. Epstein's home; is that 6 correct? 7 A. Correct. B Q. And do you recall that Mr. Epstein shared with 9 you that he, himself, attempting to identify who was 10 stealing money from him, had gone out and for the 11 purpose of malting that identification, had purchased 12 certain amass himself/ 13 A. I Mien so, yes. 14 Q. And that he installed than so that the camas 15 was poking out of a carnal on the first floor of his 16 residence, directed towards his desk area what he left 17 a bag that commonly had United States cogency, correa? 18 A. I wasn't sure if it was the bag or the drawer, 19 but it was focused on the desk area. 20 Q. Camera, first floor directed to the desk area? 21 A. Yes. It was e bookshelf behind. It was like 22 an L bookshelf. . 23 Q. And that you came in and supplemaned those 24 cameras to try to help Mr. Epstein identify this thief. 25 correct? 27 (Pages 420 to 423) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC.. (561) 832-7506 Elearoriany signed by Jeans Rkelutl (601.280.428-93$1) Electronically signed by Joan, Malta' (901.290.42149311) c5062637-abel-4.52c-a836-bc614,314d74 EFTA00312767 Page 424 A. Correct. 2 Q. And you, thereafter, took out your contras 3 when the thief was identified by Mr. Epstein, correct? 4 A. Correct. 5 Q. And the thief was identified through 6 photographs of this desk area at the first floor of Mr. Epstein's residence, coned? 8 A. 'believe so, yes. 9 Q. And you never saw a camera in the massage room 10 on the second floor of Mr. Epstein's residence during 11 this 2003 period, cared? 12 A. I never wan upstairs. 13 Q. None of the girls said that the massages was a 14 videoed or a photographed evert; did they? 15 A. One of the girls recalled having their 16 photograph taken addle in a tub. 17 But no, I never wan upstairs during that 18 investigation, so I dont know if there was any covert 19 cameras up Mere, so... 20 Q. You don't know that there was one, correct? 21 A. Coned. 22 Q. And the only awed canal you lmew of was the 23 ooe that Mr. Epstein disclosed to you, correct? 24 A. Correct_ 25 Q. And he disclosed it to you in saying he Page 426 Page 425 1 purchased it, correct? 2 A. Yes. 3 Q. And he purchased it from a spy store, a store 4 that sold such covert cameras, correct? 5 A. Yes. 6 Q. And he told you, you as a law enforcement 7 officer, that be had done so for a specific purpose, 8 coned? 9 A. It was for that case, yes. 10 Q. Right To identify someone who was 11 responsible for the theft of currency from the desk area 12 on the fast floor? 13 A. 1 believe it was attraxy and a gun, if I'm 14 not mistaken. 15 Q. And he neva told you be had ever, on any 16 other occasion, purchased a covert camera, correct? 17 A. Not that 1M aware o& no. Page 427 28 Wages 424 to 427) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by Jeans Mocha (601-280-428-93411) Electronically signed by Jeans Medan (601.2104211413111) e60625374be1J63u636-bc614s314dra EFTA00312768 Page 456 Page 458 B Q. Do you recall that trash pulls were °owning 9 during this March and April of 2005 period? 10 A. I did read that, yes. 11 Q. Do you recall that within the trash pulls, 12 there was some references to a belief amongst the 13 officers that there were sex utensils or sex objects 14 That were being identified and pulled out of the trash? 15 A. Yes. 16 MS. ARBOUR: Form. 17 THE WITNESS: I recall the incident, the thing 18 you're talking about, which was later ruined out to 19 be a handle of a — utensils. 20 BY MR. WEINBERG: 21 Q. Of an eating utensil? 22 A. Yeah. 23 Q. And do you read! within the Iry-jets-et report 24 there was a reference to this so-called object as one 25 that was consistent with use of anal sex? Page 457 Page 459 1 A. Yes. They thought originally it was an anal 2 wand. 3 (Mr. Garcia entered the room.) 4 BY MR. WEINBERG: 5 Q. And do you recall that, even after your search 6 on October 20, 2005, wherein you saw lots of similar 7 utensils in the kitchen that dearly were designed for 8 eating; that there was no amendment to the incident 9 report that reflected the discoveries of October 20 in 10 that the believed sex toys were, in fact, kitchen 11 utensils? 12 MS. ARBOUR: Form 13 (Ms. Yumigan exits the proceedings.) 14 BY MR. WEINBERG: 15 Q. That was a terribly-worded question. 1 6 A. I was just going to say. 17 Q. Let melcwurdiL 18 The incident report contained the beliefs of 19 the officers, that what they were picking out of the 20 garbage were sexual mechanisms that — 21 A. Right; they thought they were anal wands. 22 Q. they thought were mat wands. 23 A. Right. 24 Q. That on October 20th, when you went to 25 Mr. Epstein's residence, you realized as a professional 36 (Pages 456 to 459) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. . :(561) 832-7506 Electronicany signed by Jeana Ricdud (601-280-428-9331) Electronically signed by Jeans Bladed (601450-421-93411) c$062637abal452c4834-bc614,314kI7a EFTA00312769 Page 460 1 law enforcement officer that that conclusion was 2 mistaken. 3 A. Correct. 4 Q. That those objects taken oat of the garbage 5 were, in fact, parts of eating utensils, correct? 6 A. Correct. 7 Q. Was there ever an amendment to the incident 8 report that reflected the knowledge that what had 9 previously believed to have been a sex utensil was, in 10 fact, an eating utensil? 11 MS. ARBOUR Falb. 12 THE WITNESS: It might have been referenced in 13 the report; Fm not 100 percent certain on that. 14 BY MR. WEINBERG: 15 Q. If it wasn't in the report, then there wasn't 16 an amendment to the report, fair to say/ 17 MS. ARBOUR: Econ. 18 THE WITNESS: Fa to say. Page 462 Page 461 1561) 832-7500 37 (Pages 460 to 463) PROSE COURT REPORTING AGENCY, INC. 1561) 832-7506 Electronically signed by Jana Ricciuti (601.720-428-9381) Electronically signed by Jeans Block& (401-240-428.9741) e5062637aba1452ca631.bc614s314dla EFTA00312770 Page 404 21 22 23 24 25 Q. Which Assistant State attorney do you recall talkiog to? • A. Loons Belohlavek Q. Do you recall any conversation with Ms. Beloblavek wherein you discussed whether or not your Page 485 Page 487 1 witnesses were or were not victims? 2 MS. ARBOUR:. Form. 3 THE WITNESS: I recall her picking and 4 choosing who she wanted to refer toss a victim. 5 Mast of my conversations with her I know were 6 documented inthe report 7 BY MR. WEINBERG: 8 Q. Do you recall words to the effect that you 9 were frustrated with ha because one of ha opinions 10 were that there was no victims in this case? 11 MS. ARBOUR: Form. 12 TIE WITNESS: I did recall that conversation, 13 43 (Pages 484 to 487) ' (561)' 832-7500 ' PROSE COURT REPORTING AGENCY; INC. (561) 832-7506 Eleutrodcally staled by Juana Ricduti (601.280428-93811 Electronically &wood by Juana Ftlecluti (801-2804284381) Ci062$374b.146204$38-hce14a314d7a EFTA00312771 "IQ • 4, "2. -tkelik, - EFTA00312772 Page 500 1 IN THE CIRCUIT CO:IRT OF THE FIFTEENTH IL13ICLAL CIRCUIT IN AN!) FOAa hl BR al FLORIDA 2 CASENo AD 3 4 5 6 7 Plkelift VOLUTE IV OP IV MIMS Defaideers 10 11 12 =FOS DETECTIVE 13 11 Friday, Moth 19,2010 15 10:03•S:23 p.m 16 SOS Sc.:6111141er Drive St* 1100 17 West him Bomb, Florida 33401 1$ 19 20 21 22 Reported By. lama Rkciuti,RPR,IPR, CIA 23 NotnyPublic, Statc of Deride Prose Court Rep:ming 24 22 Page 502 nos 501 Pace Lr. 2 (Pages 500 to 503) (561) 832-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically aliened by Jeans Ftleclutl (601-2130-4213-9361) Electronically signed by Joins Diction (601.280-428-9311) bdedt 876 e72,e432d4c10-b1610440012119 EFTA00312773 Page 504 Pace l; 18 Q. Lonna was an experienced State attorney, 19 correct? 20 MS. ARBOUR: Pant 21 THE WITNESS: 1 know she had been there foe 22 sometime. 23 BY MR WEINBERG: 24 Q. And you knew she had been a prosecutor for sex 25 offense cases for some time, correct? Page 505 Page 507 A. Sbe did a lot of crimes against children. 2 Q. And she, on other occasions, advocated 3 prosecution of people on felony charges, comet? 4 A. I hadn't had many dealings with her so I don't 5 know. Yon know, I knew of her. She was actually at the 6 office, State Attorneys 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 knowkdge, 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 underaged people, correct? 19 MS. ARJ3OUR: 20 THE WITNESS: I believe so. I believe so. 21 Like I said, I didn't have many dealings with her. AlneWiatmcone=41 3 (Pages 504 to 507) (561) S32-7500 PROSE COURT REPORTING AGENCY, INC. (561) 832-7506 Electronically signed by Jeana FtleCluti (601-280-4284381) Electronically signed by Jeans Ricclull (601.210-428.9381) bord1876-er2e-432d6e10bleattaMIIIM EFTA00312774