EFTA00801576

1 3 UNCERTIFIED TILU/SXMIPT DISCLAIMER IN THE MATTER OF 1 THE COURT: Continuo on with the EPSTEIN - discussion. Mr. Link, you were in mid V. I thought. EMOADS 4 HR. SCAROLA: I think Mr. Goldberger is hero to do the stay. THE COURT: Lot's go ahead and take care of that. e Hr. Goldberger. . HR. ODLDBERGER: Thank you for taking 10 me out of order. Ono of those days I have 11 so much going on. 12 THE COURT: I completely understand. 1 13 thank you also for adjusting your schedule 14 as well. Is All right, lot mo get my materials 16 ready for that aspect of the case. I think 27 I am ready to ga. Please proceed. IS HR. GOLDBERGER: Thank you, Honor. So 29 we have a motion to stay your proceedings 20 pending at this time. I think it's 21 important for us to kind of discuss first 22 with the Court what it is that we are IS seeking to have resolved before this case -- 24 we would like to see It proceed. The following transcript's) of proceedings, or any portion 25 And I bring that up because 2 4 1 thereof, in the above-entitled matter, taken on Decerber 1 Mr. Scarola, in a prior hearing, had 2 Sth, 2017. is being delivered UNEDITED and UNCERTIFIED by 2 mentioned that this is not just about the 3 the official court reporter et the request of Kara i resolution of the CVRA. Mr. Epstein perhaps 4 Rockenbach, Esquire. 4 has other matters that ho could potentially 5 The purchaser *greets not to disclose this uncertified and 5 have criminal liability concerning in other 6 unedited transcript In any form 'written or electronic) . jurisdictions that would not be covered by 7 To anyone who has no connection to this case. the NPA, which is part of the CVRA. e Ibis is en unofficial transcript, which should NOT be e THE COURT: Lot's put on the record 9 relied mica for purposes of verbatim citation of r exactly what you're spooking about so that 10 tenths:wry. :0 if anyone needs to review this they II This transcript has not berm checked, proofread is understand those acronyms completely.so the 12 or corrected. It is a draft transcript, NW a certified 12 first natter we have, Your Honor, is what 19 transcript. As ouch, it may contain computer-generated 13 has boon referred to as the CVRA case. That 14 nastranalatiome of stenotype code or electronic 14 is the Crime Victims' Reporting (sic) Act. Is transmission errors, resulting in inaccurate or 95 And that matter is being litigated in 14 nonsensical word combinations, or untranalated stenotype 16 federal court in the southern District of 17 symbols which cannot be deciphered by non-stanotypisms. 17 Florida court before Judge Marra. 16 Corrections will be made in cho preparation of the 10 HR. SCAROLA: Excuse me. Since we are 19 certified transcript, resulting In differences in content, 19 doing this for purposes of the record, I 20 page and line numbers, punctuation and formatting. 20 think that you nay have mistaken. CVRA is 21 This mealtime uncertified and unedited transcript contains 21 not crime victims' reporting act. It is the 22 no appearance page, certificate page, index or 22 Crime Victims' Rights. 22 certification. 23 MR. GOLDBERGER: Thank you very much. 24 24 I appreciate that, Mr. Scarola. 25 25 so that matter concerning the CVRA case Palm Beach Reporting Service, Inc. EFTA00801576 5 7 is pending before Judge Marra in the jurisdictions: New York, US Virgin Islands, 2 Southern District of Florida. In that 2 many other places. That is not what this matter, Mr. Edwards, as the attorney for 3 stay motion is about. 4 THE COURT: But isn't that critical to who happen to be Involved in this the analysis as to at least ono prong of the 5 case, are seeking the unprecedented remedy required elements that the Court is expected of setting aside Hr. ER:COWS 7 to look into, and that is, the length of 0 non-prosecution agreement. time that the delay is being sought. 9 For the record, we need to establish 9 Because even though the argument that 10 that there's a non-prosecution agreement in 10 you're making fits within a certain 11 place that prevents the US Attorney's Office 11 parameter, and somewhat similar to the 12 for the Southern District of Florida in 12 discussions we had last week about each side 13 going forward on any criminal prosecution 13 wanting to franc their respective cases in 14 Mr. Epstein related to certain enumerated 14 the matter that they see fit -- and I 15 offenses if Mr. Epstein complies with his 15 respect that because they aro advocates -- le non-prosecution agreement. io but from the Court's perspective, from the 17 Mr. Epstein has compiled with all parts 17 general public's perspective, from the 16 of that non-prosecution agreement. He has 16 perspective of Hr. Edwards, when it comes to 10 served a sentence that was part of that 19 Mr. Epstein's invocation of the Fifth 20 non-prosecution agreement, and he's going 20 Amendment, whether or not the parameters 21 about his life. 21 that you're seeking in your motion Only 22 In an unprecedented action, 22 applies to the NPA at issue here, that sane 29 Mr. Edwards, on behalf of those individuals, 13 potentiality of criminal prosecution in any 24 is seeking to sot aside that non-prosecution 24 of these jurisdictions where -- not being a 25 agreement and subject Mr. Epstein to 15 criminal defense lawyer, I am not going to 6 8 1 criminal prosecution for a matter that he 1 sit here and try to estimate what the 2 has already pled guilty to. 2 statute of limitations are for these types 3 It tugs at the very, very cornerstones 3 of alleged criminal activity -- of due process, Your Honor. But as a And again, I am not accusing anybody of 5 criminal defense attorney with a lot of 5 anything. I want that to be clear. You 6 years doing this, I have to act cautiously 6 brought up these other jurisdictions and the because one thing that Judge Marra said. potentialities. I don't know what those Judge Marra in ono of the orders in statute of limitations are. I only know 9 this case, indicated that setting aside of 9 that in my limited experience when it cones 10 the non-prosecution agreement Is something 10 to these types of potential claims or that he would consider. 11 potential charges, that the statutes aro 12 So I would be remiss, I would 12 typically extraordinarily longer, 13 committing malpractice if I allowed my 19 particularly when minors are involved for 14 client to testify fn matters in your lawsuit la very obvious reasons. 15 before Your Honor In matters that would be 15 So while the parameters that you aro 16 part of the non-prosecution agreement. So 14 suggesting may be your intent, that when a 17 that's kind of procedurally where we aro 17 broader perspective is looked upon, it's 10 right now. 10 very possible that the same outcome that, 19 What I wanted to clarify for the Court, 19 i.e., the invocation of the Fifth Amendment, 20 is that we aro not seeking to stay this case 20 which I respect, I understand, and fully 21 for any reason other than matters that aro 21 intend to comply with his ability to invoke 22 contained within the non-prosecution 22 the Fifth when appropriate. 23 agreement. 23 No don't know when that ends. 21 Now, Mr. Scarola has made reference to 24 MR. GOLDBERGER: I have a simple answer 25 potential prosecutions in other 2S for that, Your Honor. And I have sat here Palm Beach Reporting Service, Inc. EFTA00801577 9 11 and very carefully listened to Your Honor's recently taken of III., it was with the 2 pronouncements and the way you've the 2 expressed stipulation that she would be 3 handled this hearing and the hearing that we referred to in the record by those Initials. 4 have had. And you have indicated that THE COURT: The only positive that's 5 what's in play in this case aro cane out of this is getting those names and Those are the listening to those names, I don't know any 7 individuals that you have indicated you aro of those young ladies. I don't know any of 8 going to allow testimony concerning. Those their families. The names don't sound a bit 9 aro the vary sane Individuals that aro in familiar to me. So at least I don't have to 10 the NPA. That's all wo care about. 10 worry about that. 11 THE COURT: Excuse me for interrupting, 11 Mr. Link, did you want to add anything? 12 but I do want to make sure that this is 12 MR. LINK: If I might. 13 -- those three 13 The witness list of Mr. Edwards 14 individuals aro now over the age of 18. 14 actually names these folks by name. 25 Have they agreed to have thole names 35 MR. SCAROLA: That was inadvertent, 26 utilized at this point? 36 Your Honor, and we plan to address it. 27 Mr. Scarola, do you wish to comment on 37 THE COURT: Okay. Thank you. IS that? Do you know? MR. LINK: The second thing, with Your 29 MR. SCAROLA: I cannot speak 39 Honor's permission, wo brought the plea. 10 authoritatively about that, Your Honor. 10 You wore asking about it last tine what the 91 THE COURT: Ny preference, Mr. 11 actually counts wore, and I have a copy of 22 Goldberger, is to continue to go ahead and 22 the non-prosecution agreement, which I can 29 use the initials until I'm comfortable. 29 provide to the Court. He have the actual 14 Because the criminal charges that were 24 documents. 25 brought, as you have recited them -- again, 25 THE COURT: Thank you. I appreciate 10 12 I appreciate the fact that you were horn that. 2 last week to help with those aspects -- MR. LINK: We will file then, so those criminal charges pertain to them when they're part of the court record. 4 they wore minors. So I don't want to, by THE COURT: For the today, I'm going to way of convenience or otherwise, suggest ask our court reporter -- absent any without a full agreement or something that's objection from respective counsel -- to 7 going to satisfy the Court, that they are simply amend the record so that only the o willing to have their names utilized, oven initials aro used please, so that we don't 9 at this juncture. Because my comfort level have the names specifically stated. And 30 at this point is not high. :o hearing no objection. II MR. GOLDBERGER: 1100 percent 11 We may need to address this later on 32 understand. I have lived this case for 10 32 down the lino. But again, until my comfort .3 years. These names have been used 33 level is satisfied, I want to do everything .4 throughout both the criminal litigation and .4 we can to continue to use their initials or 35 the litigation of those cases. Is the as the third individual. 16 THE COURT: So in the case before Judge 16 Again, Mr. Goldberger, I apologize for 17 Marra, their names have bean used? 17 interrupting you. 18 MR. GOLDBERGER: They have not been. 18 MR. GOLDBERGER: And I apologise if the 19 MR. SCAROLA: Your Honor, if I may, as 19 names wore mentioned. 20 I've thought about it. It is my ballot that 20 THE COURT: That's okay. 21 there's only ono Epstein victim who has 21 MR. GOLDBERGER: Anyhow, Judge -- but 22 voluntarily agreed that her name may bo used 22 to answer the Court's well-founded question, 23 and that is 23 is there any finality to the request for a 24 Tho others, I'm almost certain, have 24 stay, and the answer that Your Honor has 25 not -- and in fact, when the deposition was 25 ruled already that the testimony that will Palm Beach Reporting Service, Inc. EFTA00801578 13 15 I be allowed in this trial is the testimony of 1 I am just giving an example -- if he had 2 these throe Individuals, the very, very sane 2 brought a defamation claim against 3 three individuals who aro part of the 3 Mr. Epstein for things may have resulted 4 attempt to set aside the non-prosecution 4 from extra judicial statements that may have 5 agreement. boon made by Mr. Epstein to the press, to 6 So I want to make it clear to the court whomever, to third parties, published, and 7 our request for a stay is a limited request had some damage to Mr. Edwards, I could 6 for a stay, until such tine as the CVRA case understand the interplay and the potential 9 is resolved. And it has nothing to do with strategic decisions that would have boon 10 over alleged woman who may be making claims 10 made by Mr. Edwards In on the ono hand 11 against Mr. Epstein. And that oven more 11 haulm; the Crime Victims' Rights Act claim 12 important, based on Your Honor's ruling that 12 being brought -- which, arguably, out of 13 you've made that those aro the facts that 13 necessity Mr. Epstein has to preserve his 14 you aro going to allow the parties to go 14 Fifth Amendment right to self-incrimination, 25 into this case and not tangential issues 25 and the fact that Mr. Edwards acted in 26 involving other individuals. 26 taking the offensive in bringing the tort 2? So that Ls our -- that is the area -- 27 claim of some nature, generically -- again, 28 and that is the case that we aro seeking the 20 just as an exemplar -- against Hr. Epstein, 29 stay concerning. 29 the strategies would then coalesce, co-exist 20 So where aro we procedurally? Well, 20 and would create concern of a significant 21 this attempt to sot aside the 21 nature for the Court. 22 non-prosecution agreement was brought by 22 But this is quite different. How do wo 29 Bradley Edwards. We can't lose sight of 29 address that? 24 that. It was brought by Bradley Edwards, 24 MR. GOLDBERGER: Okay. Respectfully, 25 who Ls the counter-plaintiff Ln this case. 25 Judge, strategy has nothing to do with this. 14 16 1 So Mr. Epstein is put between the proverbial h It's the playing field that we aro on right 2 rock and a hard place in this situation, 2 9 Your Honor. , Now, Mr. Epstein filed his lawsuit 4 THE COURT: You know the thrust of 4 against Mr. Edwards, and ho very wall could $ Mr. Scarola's argument. 5 have gone forward in that lawsuit without 6 MR. GOLDBERGER: I know what's coming. . having to testify, without having to worry 7 I know what's coming. That we started this. about Firth Amendment privileges, whether 8 THE COURT: And that's critical, e he's implicating himself in any kind of 9 because but for Mr. Epstein's action In criminal liability. He could have gone 20 bringing this lawsuit in 2009 and amending :0 forward on that case against Mr. Edwards II his complaint in 2011, and then failing to II without having to get on the stand and 22 address in any fashion the motion for 22 testify. 29 summary judgment that was ultimately brought 29 Now, in defense of that case, if that 24 by Mr. Edwards against Hr. Epstein and a 24 case had gone forward and the defense had 25 Judgment resulting therefrom -- that Ls 35 called Hr. Epstein, then he would have had a 16 judgment of dismissal of the claim by 16 decision to make as to whether he was going 17 Mr. Epstein -- this never would have boon an 17 tO answer the qu 10 issue. what we are dealing with now would 16 THE COURT: Well, I couldn't imagine in 19 never have boon an issue. 19 reviewing Mr. Epstein's complaint now for 20 I can certainly understand, and I 20 the -- beyond 10 times -- that ho could have 21 believe there would be firmer footing to 21 avoided taking the witness stand to justify 22 rely on if Mr. Edwards had brought some type 22 most, if not all of his claims, in that 23 of Clair. against Hr. Epstein. Let's say 23 initial suit. But go ahead. 24 sane typo of defamation claim -- I am not 24 MR. GOLDBERGER: If wo put that aside, 25 suggesting there aro any grounds for that. 25 and we turn to the playing field that we aro Palm Beach Reporting Service, Inc. EFTA00801579 17 19 1 on right now, we have one lawsuit that's Judge Marra getting out an order until the 2 pending right now. You can call it anything 2 spring or summer of 2018. 3 you want. You can call it count-plaintiff, 3 MR. COLDBERGER: I don't have a 4 counter-defendant -- I practice on the other recollection of that, Your Honor. But if 5 side of the elevator -- but we are defending that's been out there, I accept that -- 6 a lawsuit right now. We are the defendants THE COURT: It didn't give me much 7 in this case. confidence that it was going to be 0 we cannot defend that case. It is not accomplished in a relatively brief period of 9 a fair playing field. Ne can't defend this time. And certainly -- at least, again 10 case because of what the plaintiff has done. 10 anecdotally, without having it here in front 11 He has brought an action to set aside 11 me -- not going to be accomplished before 12 Mr. Epstein's non-prosecution agreement. 12 March 13 of 2028, which is the trial day 13 And Mr. Epstein has no choice, if I'm his 13 here. 14 lawyer, but to invoke his Fifth Amendment 14 MR. COLDBERCER: My review of PACER I 25 privileges. 25 think is they are at the point where there's 26 what does that do? It's going to allow 26 a motion for partial summary judgment that's 27 Mr. Scarola to ask for all of these adverse 27 outstanding. So that to mm -- again, not 28 inferences and try to truck roll those 30 being necessarily a civil practitioner -- 29 adverse inferences to this Jury. And that's 29 when I hear the word summary judgment, 10 the playing field we have right now. 20 to me someone is asking to end this thing. 22 And we didn't bring this upon sl I think that's the juncture that it's at 22 ourselves. They aro doing it, because they 22 right now. 22 have brought this action to set aside the 22 So my point is, Your Honor, that we are 14 NPA. 24 not seeking an indeterminate stay. And the 25 I am not asking this Court to stay this 25 Court has road the papers and you aro 18 20 case for indeterminate period of time. of the various factors that the Court is 2 There's three things that can happen, Your 2 considering in determining whether to grant Honor. Mr. Edwards can volunteer to not the stay, you have discussed one, I ask 4 seek the remedy of setting aside the rhetorically what is the prejudice at this non-prosecution agreement. He's seeking 5 point for a limited stay so that matter 6 other remedies in his CYRA case. He could resolves. 7 do that. Judge Marra could enter his order Mr. Edwards, if he has been damaged, on the account to set aside the NPA, or this has been damaged already. They want to try 9 Court can temporarily stay the matter until this case in March. Everything that has 30 such time ono of those things happen. :0 happened, has happened. Nothing to going to II There's been no testimony on the record 31 change. 32 from anybody as to how long that stay is 32 THE COURT: What they will argue though 33 going to require. 23 is that there is financial recompense that .4 I think at ono hoaring you asked 24 Mr. Edwards is claiming that has built up 25 Mr. Edwards -- not on the stand or anything 25 over the years -- and Mr. Scarola was 16 like that -- how long is that CYRA case 16 alluding to -- there's a substantial amount 17 going to go on for. Mr. Edwards said, Well, 17 of loss that he has encountered as a result 10 it could go on for a long time. Well, 10 of the ongoing litigation over the last 19 that's the only record you have right now 19 seven, going on eight years. 20 that this thing is not coming to fruition. 20 MR. COLDBERCER: Your Honor, When you 21 THE COURT: Well, that and anecdotally. 21 weigh that -- Mr. Edwards, admittedly has 22 In seeing the newspaper account, I believe 22 testified in deposition that he's 23 it was suggested that the federal court is 23 successful. He's doing very well for 24 not looking to try the case -- or there's 24 himself -- and I congratulate him for 25 going to be a significant hiatus in terms of 25 that -- but when you weigh that to the Palm Beach Reporting Service, Inc. EFTA00801580 21 23 1 prejudice to Mr. Epstein that he has those Rothstein, Rosenfeldt 6 Adler when 2 handcuffs -- he's got them back on -- ho presumably Mr. Edwards would have bean most 3 can't defend this case at this point. susceptible to a malicious prosecution • I think -- Your Honor, wo talked about I assault. He didn't need to filo it then. 5 the 403 analysis on other matters, prejudice He had at least four years in which to 6 versus probative value, I think we can kind a file it if. He's claiming he's a victim of 7 of do a balancing analysis in this a RICO action, he would have had at least 8 situation. five years in which to file it. If he 9 Maybe Mr. Edwards wants to have his day 9 claims that somehow he was unaware of the 10 court sooner than later. And there may be 10 reasonable basis for the filing of a claim 11 some prejudice there. But when you look at 11 against Mr. Edwards because relevant facts 12 the extreme prejudice that Mr. Epstein is 12 wore concealed from him, than the statutes 13 suffering, wall, he just can't defend this 11 of limitation wouldn't have even begun to 14 case. 14 15 Courts are designed to be level playing 15 So there's no question about the fact 16 fields, and that's got nothing to do with 16 that Mr. Epstein brought this upon himself. 27 what the Court's doing. But just by virtue 17 He initiated these proceedings nine years 38 of the way the facts have come out in this 18 ago knowing, as Mr. Goldberger says, he 39 case and procedurally what has happened, it IS could not defend them. 20 is not a level playing field for Mr. Epstein 20 And in deed he couldn't defend them, II because he has no choice but to invoke his 21 because in the face of a motion for summary 22 Fifth Amendment privileges, and Mr. Scarola 22 judgment, which called upon him to disclose 29 is waiting for everything to flow from that. 21 the basis for his claims against 14 THE COURT: All right. Mr. Goldberger, 24 Mr. Edwards, he filed nothing. 25 thank you. I will give you a couple minutes 25 And on the eve of the motion for 22 24 I to rebut if you choose to. 1 summary judgment, he voluntarily dismissed 2 Mr. Scarola. 2 his case. He didn't say, I need a stay in 9 MR. SCAROLA: The complaint out of i order to be able to produce evidence to • which this malicious prosecution claim 4 support my claims. He allowed the claims to 5 arises was flied on December 9 of 2009. So 5 be resolved against him now conclusively. 6 wo aro about to observe the ninth e So those arguments, quite frankly, 7 anniversary of the pendency of this don't make sense. And I have gone through 8 litigation. e in the written response that we filed and 9 THE COURT: Excuse no for my pointed out all of the stages In the 30 mathematical -- :0 litigation where Mr. Epstein reasonably 31 MR. SCAROLA: No, no. That's quite all 31 could have coma before the court said, I 32 right, sir. I didn't make that comment as 32 need a stay. 33 any criticism of Court's math, but just to 19 What the defense acknowledges in their 34 observe that there have boon nine years 34 motion to stay is -- and this is a quote. 35 during which a motion to stay could have 35 'Florida courts have long recognized that 16 boon brought to the attention of the Court. 16 although under certain circumstances a trial 17 And we know that the same basis upon 17 court may grant a stay in a civil proceeding 18 which the argument rests today existed on 18 for a limited time during the pendency of a 19 Macomber 9, 2009, because the complaint 19 concurrent criminal proceeding, such a stay 20 Itsolf refers in paragraph 4211.1 to the 20 is not constitutionally required. 21 pendency of the non-prosecution agreement. 21 •The earlier the motion is made, the 22 So it was there. And Mr. Epstein know LC 22 more favorably it's looked upon. The 23 was there when he filed this case. 23 shorter the stay can reasonably anticipated 24 And as Your Honor observed, ho flied 24 to last, the more favorably it's looked 25 this case within days of the implosion of 25 upon.• Palm Beach Reporting Service, Inc. EFTA00801581 25 27 1 The burden of proving how long this 1 there is a federal statute which makes 2 stay reasonably can be anticipated to last 2 admissible in any other criminal proceeding 3 is not on us. It's on the party making the 3 evidence of other child victim crimes. 4 motion. So, Mr. Epstein can have the advantage 5 THE COURT: This is not a typical of a final disposition with regard to crimes 6 concurrent legal -- strike that. only in the Southern District of Florida -- 7 Concurrent criminal prosecution that we as has boon repeatedly pointed out. That's 8 see in automobile accident cases, for all the non-prosocutlon agreement covers -- 9 example, where there may be corresponding 9 but he still has a Fifth Amendment right to 10 vehicular manslaughter case -- 10 refuse to answer any questions about the II MR. SCAROLA: Or a drunk driving 11 crimes that he committed in the southern 12 charge -- 12 District of Florida, because they aro 12 THE COURT: Or DUI-type issue. 13 admissible in every other jurisdiction where 14 MR. SCAROLA: C . Clearly that's 14 he's been doing exactly the same thing to 15 the circumstance, Your Honor. 25 children for years. And no ono could 16 But let me talk about part of what 26 reasonably challenge that assertion of the 17 Mr. Goldberger has said with regard to what 37 Fifth Amendment privilege. So that's one 16 wo can reasonably anticipate with regard to 28 alternative. 29 length of this stay. 29 The other alternative is Crime victims' 20 There are two possibilities with regard 20 Rights Act case results in setting aside the II to the non-prosecution agreement. It can be II non-prosocutlon agreement. And no matter 22 set aside or it cannot be set aside. 22 what Mr. Goldberger may say about what he 29 If it is not set aside, then 29 believes the merits of that claim to be ad 24 Mr. Goldberger tolls us that there would be 24 the likelihood of that outcome to be, Judge 25 no longer any basis for the assertion of the 25 Marra has clearly Indicated that Jeffrey 26 28 1 Fifth Amendment privilege. Epstein faces the possibility of having that 2 Moll, respectfully, I suggest that 2 non-prosecution agreement set aside, in there is nothing in the record that supports which case, he tacos criminal exposure, 4 the assertion that Mr. Epstein will waive criminal liability for the 40 cases that wo his Fifth Amendment privilege upon the 5 know of, and any other cases that aro 6 favorable conclusion of the Crime Victims* developed subsequent to that time. And Rights Act case. those prosecutions can go on for years and 8 THE COURT: As a second point, I their appeals can go on for years. 9 presume that, like any other civil case -- So there simply is no balls, none, upon 30 this isn't construed as a civil case, 10 which a prediction can be made as to a 31 correct, this Crime Victims' Rights Act reasonable limitation associated with a stay 22 22 in this case. And these aro all things that 13 MR. SCAROLA: Yes, sir, It is. Subject 29 Mr. Epstein had an opportunity to avoid, or 24 to appeal. 24 at least an opportunity to limit, by 25 THE COURT: That's exactly what I was 35 delaying the filing of his maliciously filed 16 going to say. Either side can appeal. So 16 claim. 17 in other words, the state could appeal -- or 17 He started this battle knowing the 10 whomever the actual federal government could 10 criminal exposure that ho faced clearly at 19 appeal -- or Mr. Edward's client could 19 the time -- not only in the Southern 20 appeal. 20 District of Florida -- but knowing the 21 MR. SCAROLA: Yes, sir. True. 21 criminal exposure he faces elsewhere as 22 In addition to that, oven assuming a 22 well. 23 final and conclusive resolution of the Crime 23 THE COURT: I made a notation in the 24 Victims' Rights Act case which upholds the 24 binder. And I think this is what you're 25 validity of the non-prosecution agreement, 25 suggesting, Mr. Seaaaaa. Correct ma If I am Palm Beach Reporting Service, Inc. EFTA00801582 29 31 wrong. that Brad Edwards has a right, an absolute 2 what I wrote last night when I was right to put an and to. And the only way he 3 reviewing those materials, was that conclusively dons that is with a judgment in 4 Mr. Epstein by and through his attorney his favor in this case. 5 should have recognized the potential So there is a vary, vary significant 6 exposure, i.e., to a malicious prosecution, prejudice that has already bean suffered by 7 when he brought suit against Hr. Edwards and delay. Thera aro other aspects -- less 8 III., for that matter as wall. significant. But if this case wasn't filed 9 I don't want to include Rothstein In 9 until four years later, all of those 10 the mix because that's a separate can of 10 appellate proceedings, that were very costly 11 worms, which we don't have to get into 11 to the plaintiff, would have been avoided 12 substantively at this point in time. 12 because the law would haven settled by that 13 I don't think there's any way to not 13 time. 14 consider that. In other words, when the 14 So there aro many reasons to deny this 25 various claims were brought against 35 motion. There are no reasons to grant Lt. 26 Rothstein, Edwards and III., there should 36 Thank you, sir. 17 have boon -- and the Court would make this 37 THE COURT: Thank you, Mr. Scarola. 38 finding in its ruling -- subject to 38 Mr. Goldberger. 19 Mr. Goldbargor's rebuttal -- that 29 HR. GOLDBERGER: I don't want to 20 Mr. Epstein by and through his Counsel 20 respond to oath of Mr. Scarola's arguments. 11 should have realized the potential 21 I want to just reiterate the playing field 22 ramifications of bringing this lawsuit. And 22 that we have hero. The way things stand 29 those potential ramifications being that if 29 right now, Your Honor, Kr. Epstein cannot 14 he did not have the ability to sustain the 24 defend this case. SS claims that he made -- whether by way of 25 He can attempt to defend the case, but 30 32 1 summary judgment, jury trial, appeal, he's going to have these adverse inferences 2 whatever the case might have been -- then 2 that are going to be pointing at him like 3 that recognition should have carried over to arrows. It's not a fair fight. And the anticipate the vary exposure which he now is only way to avoid the situation where it's facing, that being the malicious prosecution 5 not a fair fight is for a limited stay. claim brought by Mr. Edwards. And when Kr. Scarola says we could have 7 HR. SCAROLA: Your Honor, I have just filed our motion for a stay early on, we 8 ono last matter that I want to address, and specifically did not file our motion for 9 that is the subject of prejudice. stay early on because that case -- that 20 As, Your Honor, I know appreciates, :0 being the CVRA case was in it's infancy. delay is never the friend of the party with 1 As I've explained to the court, we're 12 the burden of proof. No have already 32 at -- partial summary judgment status now, 13 experienced a nine-year delay. And that 33 so it's reasonable to assume -- despite what 14 does have an impact on our ability to 14 the newspaper say, and despite how fast this 15 sustain our burden of proof, because 35 case has moved, we aro much farther long in 16 memories fade and it impacts upon up to a 16 the case, and a reasonable stay can make it 17 disproportionate degree than It does to the 17 a fair playing field, is all that 10 defense when we carry the burden of proof. 18 Me. Epstein is asking. 19 But there's something more significant. 19 In my enthusiasm, I may have said 20 And that is, for nine years these 20 Mr. Epstein plod guilty to offenses 21 allegations have repeatedly been receiving 21 involving the throe women. If I did say 22 public attention without any final 22 that, that was not a correct statement. Ho 23 disposition exonerating Brad Edwards. 23 did not plead guilty to any of those 24 Thera is a poison that has boon 24 women -- anything involving those throe 25 circulating within the stream of knowledge 25 women. Palm Beach Reporting Service, Inc. EFTA00801583 33 35 THE COURT: Thank you both aides for all represented by Kr. Edwards. No had 2 your written and oral presentations. 2 the added complication of the implosion of 3 Obviously I have given this a great deal of 3 the Rothstein firm duo to the heinous 4 thought. I have reviewed the materials that 4 activity that Kr. Rothstein ended up 5 have been provided to m0, including a pleading to. 6 sampling of the case law that was provided we had, as I mentioned last week and as 7 to the Court. Mr. Scarola reiterated today, what must have The motion la denied. There was a boon an extremely harrowing experience for 9 phrase that was used in the motion filed by 9 anyone concerned, including Rothstein 10 Kr. Epstein that has sone analogous 10 himself -- though I hold no personal empathy 11 circumstances here. This talks in terms of 11 for him. I will, of course, as an aside 12 the invocation of the Fifth Amendment. I 12 adjudicate the case with full recognition of 13 will read it to you. But it gave me food 13 his rights and remedies, as I would any 14 for thought, as I was trying to decide 14 other litigant. But in terms of these 25 reviews of the papers the next step in terms 35 particular facts and the peculiarity of this 26 of how I was going to deal this and the 36 matter it's something that needs to Do subject of oral argument. 27 dressed and discussed. 16 It says, quote, A necessity of the 28 -- and the timeline that follows, which 29 validity of an assertion of Fifth Amendment 29 is compelling to the Court and its analysis, 20 privilege, the court must look to all of the 20 as it was earlier during recent hearings, SI circumstances of the case and be governed as II that Hr. Rothstein's arrest and the time 22 much by personal perceptions of the 22 period -- which may not completely dovetail 29 peculiarities of the case as by the facts 29 with the federal agents raiding the 24 actually in evidence, end quote. And that's 24 offices -- was a week before the subject 25 a quote from the case called SEC versus 25 complaint filed by Hr. Epstein was 34 36 1 H-I-L-I-T-A-N-0, which was an initiated. 2 order from the southern district of Now York 2 And as I mentioned earlier, what I citing -- and actually quoting from a case wrote in the margin of the binder was what I 4 called Hoffman versus United States at 341 perceived to be a reasonable consideration 5 US 479 and 486. United States Supreme Court 5 by counsel for Kr. Epstein and Kr. Epstein 6 decision from 1951. why did that quote himself as the plaintiff in that 2009 case 7 strike ma as I was going through the actual that he brought during the time period I 8 issues that aro before the Court on the stay just indicated around December of 2009 and 9 order? hero we are in 2017, which is actually the 20 And that is, I think evidence, by the :0 eight anniversary, so my math skills weren't 21 quote and that in that personal perceptions 22 off too badly, because the case was brought 21 of the peculiarities of the case govern the in December of 2009. we aro here now in 29 Court's determination of the validity of the 29 December of 2017. 24 assertion of the Fifth Amendment as by the 24 As I indicated, Hr. Epstein brought 25 facts actually in evidence. 25 this case through Counsel. And there is a 16 I think this motion parallels that type 16 well stated axiom, generally, not in legal 17 of analysis because of the absolute 17 field, but certainly has application here 10 peculiarity of this particular case and it's 10 that typically the best defense is with 19 procedural protocol and manifestations. 19 offense. 20 The timeline that's up on the Elmo at 20 And by taking the offensive and filing 21 this point is helpful to the Court in terms 21 the lawsuit -- which ho had every right to 22 of its analysis. And that is that we have a 22 do -- as I mentioned earlier, there should 23 situation where mach of what was transpiring 23 have been a recognition at that very moment 24 in the latter part of 2009 was the pendency 24 of the potential exposure to the 25 of these throe cases: III., III. and IIII 25 defendants -- but primarily Edwards -- when Palm Beach Reporting Service, Inc. EFTA00801584 37 39 2 he brought that suit. And that potential 2 at that point sitting the case for the 2 exposure should have boon also construed to 2 December 5 data -- which was supposed to be 3 be that if he did not have sufficient 3 today -- and not now when we aro several 4 ammunition -- for whatever reason -- and I'm 4 months removed from trial. 5 not suggesting -- them aro circumstances 5 The issue of accountability la an 6 whom people just don't want to fight 6 important ono and has always been an 7 anymore -- those aro rare, but they do important ono to this court. And having to 8 occur. But there should have boon that B live with the consequences of ones 9 recognition that that potential exposure 9 choices -- Whether they be independent or as 10 existed at the time the suit was filed, that 10 a result of an attorney bringing the 11 a malicious prosecution case could have bean 11 action -- which is that party's own chosen 12 in the offend and may well have boon in the 12 action, his own claim -- in this case it 13 offend, if necessary *tenants from a legal 13 would Mr. Epstein through counsel -- has to 14 perspective or the requisite facts were not 14 be emphasized. 25 able to bo proven or at least shown at the 25 And again, the Court's analysis, though 26 elm* of summary judgment, which ultimately 26 it will still be concerned about the 27 occurred, which was not defended. 27 timeliness -- timeliness does enter into the 28 So by taking the approach that 28 Court's view of this case -- the Court does 29 Kr. Epstein through counsel took, ho was 29 find it will be prejudicial to the interest 20 actually, for the Court's purposes, 20 of Mr. Edwards to further delay the matter. 22 constructively aware of what would have been 22 And that an individual on either side is 22 entailed for him to bes able to, ono, present 22 entitled to sone finality. 29 and introduce the necessary legal and 29 the Court further finds that simply by 24 factual arguments to support his easel and 24 virtu* of this NPA matter being resolved by 25 two, be able to recognize the potential 25 the trial judge or by a jury is applicable 38 40 1 exposure that a malicious prosecution claim 1 in that Crime Victims' Rights Act case would 2 could bring at the Inception of his filing 2 not be the end of it. In fact, it would be s of the '09 suit if ha couldn't deliver on i shocking to me that an appeal would not be 4 what I have globally suggested is an 6 taken -- no matter Whether it was decided by 5 accountability issue, and this is standing 5 a Judge or jury, or a combination thereof -- 6 behind what has boon filed. . that one aid* or the other would not appeal 7 I think apply Mr. Scare'a has pointed the issue. So that would prolong it *von e out that there wore -- what those in the e further. 9 criminal courts talk about -- critical So the Court has taken into account all 20 stages of the proceeding when things like 10 of the issues and all of the matters in 22 **Foray inference have to be re-evaluated 12 balancing and trying to maintain the playing 12 and masked by the trial judge. But these 12 field in as Laval a manner as the Court can. 29 critical proceedings wore set forth in the 29 However, there aro going to be, again, 24 civil context to suggest that they war* 24 consequences for the actions taken. And by 25 applicable and appropriate elms when at the IS taking the offensive, this takes us out of 16 very least a stay could have boon relocated 16 the example that the court presented )7 so that during those periods of times -- 17 earlier, and that is, if Mr. Edwards had 10 which I'm adopting but won't be reiterating 10 brought a claim against Kr. Epstein that had 19 for this record -- will be a part of the 19 a relationship to the claims brought by 20 order if you so desire -- a stay could have 20 Mr. Edwards on behalf of his clients against 21 boon requested and it could have boon 21 Mr. Epstein -- and I gave you examples of 22 potentially far more compelling at ono of 22 defamation -- something of that nature -- 23 those periods. And it would have been when 23 sem* typo of tort claim -- I could than see 24 the motion was filed, which was 24 issues that would interfere with the level 25 approximately two months prior to the court 25 playing field that Mr. Goldberger and the Palm Beach Reporting Service, Inc. EFTA00801585 41 43 1 Court has emphasized both today and on other HR. LINK: Before the break, what I as 2 occasions. saying, Judge, what I believe is important 3 But that's not the case hare. and might help us all understand whore we 4 Mr. Epstein chose the playing field to which are going and it this. I have looked at 5 he has now found himself. I'm not here to this case maybe two simply, Your Honor. 6 criticize, praise or otherwise comment on THE COURT: Is this in conjunction now 7 that choice, other than to say that once with Jeffrey Epstoin's phone records. that choice was made, and once there was no HR. LINK: It's in conjunction with 9 application for stay at any of those 9 Mr. Scarola's confusion and Your Honor's 10 critical junctures outlined in the Edwards 10 statement that ho was going to by allowed to 11 memorandum, then the Court, as a result, 11 prove the truth or falsity of the 12 denies the stay for the reasons that it 12 allegations of the complaint. 12 stated in the record. 13 What I said to the Court was that we 14 All right, again, thank you 14 understand that you have said that. But we 35 Hr. Goldberger. You are free to go if you 35 don't believe that's what the law is. And 36 wish. Wood luck on all the matters that 26 you asked me to explain why, so that's where 37 you're dealing with. 37 I was headed. 28 Hr. Scorpio, again, I would ask that 38 THE COURT: Sounds good. 29 your office prepare an order with acme 29 HR. LINK: Maybe I was looking at it in 20 , please -- citations as wall as 20 a too narrow of fashion, because of -- when 2I citing to critical junctures which you have 21 I road that Florida Supremo Court case that 22 cited in your memorandum to support the 22 we spent the morning on, I road it to say 22 Court's decision. 22 you look at when the complaint was filar' 24 MR. SCAROLA: And I gather it will be 24 that day. And you look at all of this 25 in Sufficient to say that the motion is 25 information -- but the when I moan you, I 42 44 denied for the reasons cited in the record. moan you, Your Honor, as a judicial 2 THE COURT: Yeah. One of our now 2 determination unless there is a question federal court judges was criticized by the of fact -- and this is what you have to ask Fourth District Court of Appeal for doing 4 yourself. You have to ask yourself two just that, so we have to -- things. MR. SCAROLA: We will have detailed One, is this information sufficient to 7 order, Your Honor. We will take the a roasonablo person -- it's an objective 6 transcript. 0 standard -- to a reasonable person that they 9 THE COURT: Thank you. So I guess St's 9 would initiate the civil lawsuit. There's a 10 back to the evidence. 20 subject component to lt, though, which is 13 MR. LINK: My turn. 31 this: that the person who is actually making 12 THE COURT: Thanks for waiting again. 12 the decision cannot know that what they are 19 I appreciate that. Again, I apologize for 12 looking at is false. 34 cutting you off mid thought. 14 So there's an objective component, 35 Off the record. 35 which is, is this enough for a reasonable 16 IA discussion was held off the record.' 16 person -- subject component is the person 17 THE COURT: Back on the record, pleaso. 17 making the decision to initiate the civil 18 Hr. Link. 18 proceeding do they have a good faith belief 19 HR. LINK: What we were talking about 19 that what they're reading or being told or 20 before the break -- 20 looking at connecting the dots is false. 21 THE COURT: And don't be reluctant to 21 That was important in answering 22 reintroduce me to we where we were. 22 questions that Hr. Epstein was asked because 23 MR. LINK: I was going to start over, 23 there's bit of a disagreement between 24 Judge, and make you listen to me twice. 24 plaintiff's -- counter-plaintiff's counsel 25 THE COURT: That's okay. 25 and us, because we believe Mr. Epstein Palm Beach Reporting Service, Inc. EFTA00801586 45 47 answered most -- he didn't answer thou all, I'm not going to suggest to you that there's 2 Your Honor. You aro going to find a couple always going to ba a bright line separating 3 that you aro going to say, I think that was defamation claims versus claims of malicious 4 related. But he answered a lot of them, and prosecution. They could often be somewhat 5 he gave nine to 13 pages of testimony and factually analogous. 6 two affidavits explaining essentially what However, this all goes to the global 7 it was he looked at that gave him comfort to decision the global finding by the Court, by bring the suit. the jury, whomever, of weighing that 9 What we have focused on since then -- 9 information that Mr. Epstein had at the time 10 since our involvement in the case starting 10 he filed suit, and arguably through the 11 on the 29th is this -- this is what 11 continuation of that claim. And just like 12 Mr. Edwards' counsel sent us last time -- 12 anything else, when we instruct the jury, 12 put on the board last time. And this is 13 the jury can make a decision on all or part 14 whore the disconnect is for me. And here it 14 of the evidence. 35 is. Lack of probable cause as to either or 15 They have the wherewithal through 26 both two [also claims -- not just civil 36 instruction to accept, reject or to do what 57 proceeding, two false claims. 37 they wish with respect to opinions of 28 Hero is the first one. Brad fabricated 38 experts. They judge the credibility and 20 the three claims against him. Now, we 20 thus they infer and draw reasonable 20 looked at the complaint -- and I have hoard 20 inferences from the evidence as to what the 21 you say that we aro accountable for the II witnesses say. Same type of analysis here 22 allegations of the complaint. That 22 in the sense that if it's the Court's 22 allegation is not in the complaint. You 22 responsibility, the jury's responsibility. 24 looked at it with me and you saw the word 24 They can find -- the Court can find 25 that said the claims wore weak. 25 overriding facts that may be relevant to 46 48 1 The words fabricated tie into ultimately the Court's analysis while 2 Rothstein, not Edwards. Put that aside for 2 rejecting or accepting other facts that coma a minute and let's assume, Your Honor, that up with regard to the Court's analysis. 4 this is the statement In the complaint. Is So in a vacuum we aro getting into a there a lack of probable cause in a 20-page 5 little bit far afield of what I would like 6 complaint with 79 allegations if Mr. Edwards to get back to, and that la, these can demonstrate that ono allegation happens individual evidentiary issues -- but -- you 8 to be untrue. One allegation. Is that know, I don't know whore else you want to go 9 enough for probable cause? What if we -- on this. Right now it is not before the 30 what if he can't prove that 75 of the :0 Court. 31 allegations wore not false? 31 MR. LINK: It is In a sense, if I can, 22 The jury instructions and the case law 22 Judge, which is this. This case has to be 32 doesn't let you parse through a complaint 13 tried differently, and the evidence will be .4 and say, uh-huh. I found this sentence that .4 different. 55 I don't think you can prove, or I found a 35 If for example -- and this is not 16 statement that I think is false, therefore 16 talking about whose burden of proof it is. 17 you don't have probable cause. 17 Mr. Scarola said it's his burden, so I guess 10 I harken back -- and I hate to say it. 10 he's going to try to prove the jury that 19 You've made it clear -- we aro not trying 19 specific allegations In the complaint wore 20 defamation -- but that is a defamation case. 20 untrue. That's what I heard him say he's 21 Because If I make 100 statements and 99 of 21 going to do. 22 them are accurate but one is false, guess 22 If he does that, what does that 23 what? You have a legitimate claim for 23 accomplish? Hero is what I mean by that? 24 defamation. 24 What the case law tolls us is that the jury 25 THE COURT: At the same tine -- again, 25 should Mike the decision about disputed Palm Beach Reporting Service, Inc. EFTA00801587 49 51 facts that were rolled on by the parson that again, in my respectful view of the law -- 2 initiates the proceeding -- disputed facts. 2 and the analysis. Sonatina at the same time, 3 They aro not supposed to look at the as I pointed to the other day, Hr. Edwards 4 sentence and determine if it's true or has the opportunity to dispel those claims false. They are supposed to decide by Mr. Epstein. 6 If there's -- we say we relied on this fact, Now, that's how the two sides resolve 7 they said wo didn't rely on this fact. the tension, and ultimately a determination Or -- or if wo say we relied on a fact, and is made by the trier of fact. 9 Mr. Scarola takes the position that you MR. LINK: If there's a disputed fact. 10 didn't have a good faith basis to rely on 10 Again, that's sort of my struggle. And 11 that fact because -- then that would be a 11 maybe it's Mr. Scarola's struggle, which is 12 jury decision about whether we relied on the 12 this. If this is the disputed fact, they 13 facts. 13 say there should have boon an allegation 14 You would than decide, once the jury 14 that the litigation team, which included 25 determined we either relied on it or not, IS Mr. Edwards, knew or should have known that 26 whether there was probable cause. And you 26 the three filed cases were weak. Let's just 37 will look at 15 facts -- so if there aro 24 37 look at that statement. 28 that are still good and one goes away, you 38 They have the burden of proof and they 29 will make that decision. If five of then go 29 cane forward -- and I guess Mr. Edwards gets 20 away and there's ten loft or four left, you 20 on the stand and he says, jury, these cases 21 will make the decision. 23 were strong. They paid 55.2 million -- 22 But how do we try this case? Hero is a 22 MR. SCAROLA: 55.5 million. 22 sentence that you pointed out to mm when I 22 MR. LINK: 55.5 million to settle them. 24 said show me where It doesn't say 24 I am now going to come forward and put on an 25 fabricated. You said, Nell it says weak. 25 export -- I am going to put someone on to 50 52 It says weak. say that's a small number for these cases. 2 Nell, how do we try before the jury is These cases are weak, because, look, III. 3 that a contested fact where the cases were worked at a strip club. She an admitted 4 weak? Do I have to call an expert to give prostitute, call girl. All of these things 5 an opinion on the value of the cases at the cane into factoring. 6 time. And weak compared to what? What I'm asking, Judge, is if we are 7 THE COURT: I don't know what you're trying a probable cause/malicious 8 asking me to do right now. All I'm saying prosecution case, then I would suggest to is -- all I would suggest to you is they you that none of the specific allegations 30 have the burden of proof when I comes to :0 can lead to a conclusion of probable cause 3.1 elements in the malicious prosecution case. II or not. The overall flavor of the case, the 12 MR. LINK: Yes, sir. 22 overall complaint when fairly road 32 THE COURT: Ultimately, I agree with 23 absolutely comes into consideration. It 14 you that largely it's going to be either the 24 does. Has there a reasonable basis to go 36 Court's or the jury's determination as to 36 forward with this lawsuit. But 16 Epstoln's subjective position at the time he 16 cherrypicking a sentence or two in he 17 filed the suit -- and according to the law 17 complaint to prove it's falsity doesn't help 18 continued the prosecution of this case. 18 you or the jury determine probable cause. 19 Now, how you go about that, that's not 19 THE COURT: Again, I don't know how we 20 for me to say. But I agree with you to the 20 found ourselves hero. I just want to got 21 extent that there is a subjective element 21 back to the evidence. Again, I can't be 22 that relates to Epstain's decision making to 22 making advisory opinions, orders, whatever 23 filo a suit. 23 the case might be. 24 But, on the other side of the coin, as 24 I want to gat back to the individual 25 I indicated last week, that doesn't -- 25 evidence provisions. Palm Beach Reporting Service, Inc. EFTA00801588 53 A agree 50:13,20 40:3,6 42:4 B 13:15,18,25 16:10 ability 8:21 29:24 agreed 9:15 10:22 appeals 28:8 back 21:2 42:10,17 16:13,14 17:7,8 30:14 agreement 5:8,10 appearance 2:22 46:18 48:6 52:21 17:10 18:1,6,16 able 24:3 37:15,22 5:16,18,20,25 appellate 31:10 52:24 18:24 20:9 21:3 37:25 6:10,16,23 10:6 applicable 38:15 badly 36:11 21:14,19 22:23,25 above•entitled 2:1 11:22 13:5,22 39:25 balancing 21:7 24:2 25:10 26:7,9 absent 12:5 17:12 18:5 22:21 application 36:17 40:11 26:10,24 27:20 absolute 31:1 34:17 25:21 26:25 27:8 41:9 based 13:12 28:3,12 30:2 31:4 absolutely 52:13 27:21 28:2 applies 7:22 basis 22:17 23:10 31:8,24,25 32:9 accept 19:5 47:16 agrees 2:5 appreciate 4:24 23:23 25:25 28:9 32:10,15,16 33:6 accepting 48:2 ahead 3:6 9:22 10:1 11:25 42:13 49:10 52:14 33:21,23,25 34:3 accident 25:8 16:23 appreciates 30:10 battle 28:17 34:12,18 35:12 accomplish 48:23 allegation 45:23 approach 37:18 begun 23:13 36:6,11,15 37:11 accomplished 19:8 46:7.8 51:13 appropriate 8:22 behalf 5:23 40:20 37:24 39:1,12,18 19:11 allegations 30:21 38:15 belief 10:2044:18 40:1 41:3 43:5,21 account 18:8,22 43:12 45:22 46:6 approximately believe 14:21 18:22 45:10 46:12,20 40:9 46:11 48:19 52:9 38:25 43:2,15 44:25 48:12,24 49:22 accountability 38:5 alleged 8:3 13:10 area 13:17 believes 27:23 50:11,18 52:8,11 39:5 allow 9:8 13:14 arguably 15:12 best 36:18 52:23 accountable 45:21 17:16 47:10 beyond 16:20 cases 7:13 10:15 accurate 46:22 allowed 6:13 13:1 argue 20:12 binder 28:24 36:3 25:8 28:4,5 34:25 accusing 8:4 24:4 43:10 argument 7:9 14:5 bit 11:8 44:23 48:5 50:3,5 51:16,20 acknowledges 24:13 alluding 20:16 22:18 33:17 board 45:13 52:1,2 acronyms 4:11 alternative 27:18,19 arguments 24:6 Brad 30:23 31:1 cause 45:15 46:5,9 act 4:14,21 6:6 amend 12:7 31:20 37:24 45:18 46:17 49:16 52:10 15:11 26:7,11,24 amending 14:10 arises 22:5 Bradley 13:23,24 52:18 27:20 40:1 Amendment 7:20 arrest 35:21 break 42:20 43:1 cause/malicious acted 15:15 8:19 15:14 16:7 arrows 32:3 brief 19:8 52:7 action 5:22 14:9 17:14 21:22 26:1 aside 5:7,24 6:9 bright 47:2 cautiously 6:6 17:11,23 23:7 26:5 27:9,17 13:4,21 16:24 bring 3:25 17:21 certain 5:14 7:10 39:11,12 33:12.19 34:14 17:11,23 18:4,8 38:245:8 10:24 24:16 actions 40:14 ammunition 37:4 25:22,22,23 27:20 bringing 14:10 certainly 14:20 19:9 activity 8:3 35:4 amount 20:16 28:2 35:11 46:2 15:16 29:22 39:10 36:17 actual 11:23 26:18 amply 38:7 asked 18:1443:16 broader 8:17 certificate 2:22 34:7 analogous 33:10 44:22 brought 8:6 9:25 certification 2:23 ad 27:23 47:5 asking 11:20 17:25 11:19 13:22,24 certified 2:12,19 add 11:11 analysis 7:5 21:5.7 19:20 32:18 50:8 14:13,22 15:2,12 challenge 27:16 added 35:2 34:17,22 35:19 52:6 17:11,23 22:16 change 20:11 addition 26:22 39:15 47:21 48:1 aspect 3:16 23:16 29:7,15 charge 25:12 address 11:16 12:11 48:3 51:2 aspects 10:2 31:7 30:6 36:7,11,14 charges 8:11 9:24 14:12 15:23 30:8 anecdotally 18:21 assault 23:4 37:140:18,19 10:3 adjudicate 35:12 19:10 assertion 25:25 26:4 built 20:14 checked 2:11 adjusting 3:13 anniversary 22:7 27:16 33:19 34:14 burden 25:1 30:12 cherrypicking Adler 23:1 36:10 associated 28:11 30:15,18 48:16,17 52:16 admissible 27:2,13 answer 8:24 12:22 assume 32:13 46:3 50:10 51:18 child 27:3 admitted 52:3 12:24 16:17 27:10 assuming 26:22 children 27:15 admittedly 20:21 45:1 attempt 13:4,21 C choice 17:13 21:21 adopting 38:18 answered 45:1.4 31:25 C.W 5:4 9:5 41:7.8 advantage 27:4 answering 44:21 attention 22:16 call 17:2,3 50:4 52:4 choices 39:9 adverse 17:17,19 anticipate 25:18 30:22 called 16:15 23:22 choose 22:1 32:1 30:4 attorney 5:3 6:5 33:25 34:4 chose 41:4 advisory 52:22 anticipated 24:23 29:4 39:10 care 3:7 9:10 chosen 39:11 advocates 7:15 25:2 Attorney's 5:11 carefully 9:1 circulating 30:25 affidavits 45:6 anybody 8:4 18:12 authoritatively 9:20 carried 30:3 circumstance 25:15 afield 48:5 anymore 37:7 automobile 25:8 carry 30:18 circumstances age 9:14 apologize 12:16,18 avoid 28:13 32:4 case 2:7 3:16,23 24:16 33:11.21 agents 35:23 42:13 avoided 16:21 31:11 4:13,25 5:6 6:9,20 37:5 ago 23:18 appeal 26:14,16,17 aware 19:25 37:21 9:5 10:12,16 13:8 citation 2:9 26:19,20 30:1 axiom 36:16 citations 41:20 Palm Beach Reporting Service, Inc. EFTA00801589 54 cited 41:22 42:1 component 44:10 17:4 D determining 20:2 citing 34:3 41:21 44:14.16 counter-plaintiff damage 15:7 developed 28:6 civil 19:18 24:17 computer-generat... 13:25 damaged 20:7,8 differences 2:19 26:9,10 38:14 2:13 counter-plaintiff's date 39:2 different 15:22 44:9,17 45:16 concealed 23:12 44:24 day 19:1221:9 48:14 claim 14:16,23,24 concern 15:20 counts 11:21 43:24 51:3 differently 48:13 15:2,11,1722:4 concerned 35:9 couple 21:25 45:2 days 3:10 22:25 disagreement 44:23 23:10 27:23 28:16 39:16 course 35:11 deal 33:3,16 DISCLAIMER 1:1 30:6 38:1 39:12 concerning 4:5,25 court 2:3 3:1,6,12 dealing 14:18 41:17 disclose 2:5 23:22 40:18,23 46:23 9:8 13:19 3:22 4:8,16,17 December 2:1 22:5 disconnect 45:14 47:11 conclusion 26:6 6:19 7:4,6 9:11,21 22:19 36:8,12,13 discuss 3:21 claiming 20:14 23:6 52:10 10:7,16 I 1:4,17 39:2 discussed 20:3 claims 8:10 13:10 conclusive 26:23 11:23,25 12:3,4,5 decide 33:14 49:5 35:17 16:22 23:9,23 conclusively 24:5 12:20 13:6 14:4,8 49:14 discussion 3:2 42:16 24:4,4 29:15,25 31:3 15:21 16:18 17:25 decided 40:4 discussions 7:12 40:1945:16,17,19 concurrent 24:19 18:9,21,23 19:6 deciphered 2:17 dismissal 14:16 45:25 47:3,3 51:4 25:6.7 19:25 20:1,12 decision 16:16 34:6 dismissed 24:1 clarify 6:19 confidence 19:7 21:10,24 22:9,16 41:23 44:12,17 dispel 51:4 clear 8:5 13:6 46:19 confusion 43:9 24:11,17 25:5,13 47:7,13 48:25 disposition 27:5 clearly 25:14,14 congratulate 20:24 26:8,15 28:23 49:12,19,21 50:22 30:23 27:25 28:18 conjunction 43:6,8 29:17 31:17 32:11 decisions 15:9 disproportionate client 6:14 26:19 connecting 44:20 33:1,7,20 34:5,8 deed 23:20 30:17 clients 40:20 connection 2:7 34:21 35:19 38:25 defamation 14:24 disputed 48:25 49:2 club 52:3 consequences 39:8 39:7,18,23 40:9 15:2 40:22 46:20 51:9,12 co-exist 15:19 40:14 40:12,1641:1,11 46:20,24 47:3 district 4:16 5:2,12 coalesce 15:19 consider 6:11 29:14 42:2,3,4,9,12,17 defend 17:8,921:3 27:6,12 28:20 code 2:14 consideration 36:4 42:21,25 43:6,13 21:13 23:19,20 34:2 42:4 coin 50:24 52:13 43:18,21 46:25 31:24,25 documents 11:24 combination 40:5 considering 20:2 47:7,24 48:10 defendants 17:6 ■ 5:4 9:6,13 combinations 2:16 constitutionally 50:7,13 52:19 36:25 12:15 35:1 come 11:5 21.18 24:20 Court's 7:16 12:22 defended 37:17 doing 4:19 6:6 24:11 48:251:19 constructively 21:17 22:13 34:13 defending 17:5 17:22 20:23 21:17 51:24 52:5 37:21 37:20 39:15,18 defense 6:5 7:25 27:14 42:4 comes 7:18 8:9 construed 26:10 41:23 47:22 48:1 16:13,14 24:13 dots 44:20 50:10 52:13 37:2 48:3 50:15 30:18 36:18 dovetail 35:22 comfort 10:9 12:12 contain 2:13 courts 21:15 24:15 degree 30:17 draft 2:12 45:7 contained 6:22 38:9 delay 7:8 30:11,13 draw 47:19 comfortable 9:23 contains 2:21 covered 4:6 31:7 39:20 dressed 35.17 coming 14:6.7 18:20 content 2:19 covers 27:8 delaying 28:15 driving 25:11 comment 9:17 contested 50:3 create 15:20 deliver 38:3 drunk 25:11 22:12 41:6 context 38:14 credibility 47:18 delivered 2:2 due 6:4 35:3 committed 27:11 continuation 47:11 crime 4:14,21,22 demonstrate 46:7 DUI-type 25:13 committing 6:13 continue 3:1 9:22 15:11 26:6,11,23 denied 33:8 42:1 compared 50:6 12:14 27:19 40:1 denies 41:12 E compelling 35:19 continued 50:18 crimes 27:3,5,11 deny 31:14 9:1311:1 38:22 convenience 10:5 criminal 4:5 5:13 deposition 10:25 34:25 compiled 5:17 copy 11:21 6:1,5 7:23,25 8:3 20:22 earlier 24:21 35:20 complaint 14:11 cornerstones 6:3 9:24 10:3,14 16:9 designed 21:15 36:2,22 40:17 16:19 22:3,19 correct 26:11 28:25 24:19 25:7 27:2 desire 38:20 early 32:7,9 35:25 43:12,23 32:22 28:3,4,18,21 38:9 despite 32:13,14 Edward's 26:19 45:20,22,23 46:4 corrected 2:12 critical 7:4 14:8 detail 41:20 Edwards 1:4 5:3,23 46:6,13 48:19 Corrections 2:18 38:9,13 41:10,21 detailed 42:6 7:18 11:13 13:23 52:12.17 corresponding 25:9 criticism 22:13 determination 13:24 14:14,22 completely 3:12 costly 31:10 criticize 41:6 34:13 44:2 50:15 15:7,10,15 16:4 35:22 counsel 12:6 29:20 criticized 42:3 51:7 16:10 18:3,15,17 completely.So 4:11 36:5,15 37:19 cutting 42:14 determine 49:4 20:7,14,21 21:9 complication 35:2 39:13 44:24 45:12 CVRA 4:3,7,13,20 52:18 23:2,11,24 29:7 complies 5:15 count-plaintiff 17:3 4:25 13:8 18:6,16 determined 49:15 29:16 30:6,23 comply 8:21 counter-defendant 32:10 31:1 35:1 36:25 Palm Beach Reporting Service, Inc. EFTA00801590 55 39:20 40:17,20 exemplar 15:18 federa14:16 18:23 Fourth 42:4 great 33:3 41:10 46:2,6 51:3 existed 22:18 37:10 26:18 27:1 35:23 frame 7:13 grounds 14:25 51:15,19 exonerating 30:23 42:3 frankly 24:6 guess 42:9 46:22 Edwards' 45:12 expected 7:6 field 16:1,25 17:9 free 41:15 48:17 51:19 eight 20:19 36:10 experience 8:9 35:8 17:20 21:20 31:2I friend 30:11 guilty 6:2 32:20,23 either 26:16 39:21 experienced 30:13 32:17 36:17 40:12 front 19:10 45:15 49:15 50:14 expert 50:4 51:25 40:25 41:4 fruition 18:20 H electronic 2:6,14 experts 47:18 fields 21:16 full 10:6 35:12 hand 15:10 element 50:21 explain 43:16 Fifth 7:19 8:19,22 fully 8:20 handcuffs 21:2 elements 7:6 37:13 explained 32:11 15:14 17:14 21:22 further 39:20,23 handled 9:3 50:11 explaining 45:6 26:1,5 27:9,17 40:8 happen 5:5 18:2,10 elevator 17:5 exposure 28:3,18.21 33:12,19 34:14 happened 20:10,10 Elmo 34:20 29:6 30:4 36:24 fight 32:3,5 37:6 21:19 empathy 35:10 37:2,9 38:1 file 12:2 23:4,6,8 gather 41:24 happens 46:7 emphasized 39:14 expressed 11:2 32:8 50:23 general 7:17 hard 14:2 41:1 extent 50:21 filed 16:3 22:5,23 generally 36:16 harken 46:18 encountered 20:17 extra 15:4 22:24 23:24 24:8 generically 15:17 harrowing 35:8 ended 35:4 extraordinarily 28:15 31:8 32:7 getting 11:5 19:1 hate 46:18 ends 8:23 8:12 33:9 35:25 37:10 48:4 haven 31:12 entailed 37:22 extreme 21:12 38:6,24 43:23 irl 52:4 headed 43:17 enter 18:7 39:17 extremely 35:8 47:10 50:17 51:16 10:23 hear 19:19 enthusiasm 32:19 Ming 23:10 28:15 give 19:6 21:25 50:4 heard 45:20 48:20 entitled 39:22 F 36:20 38:2 given 33:3 hearing 4:1 9:3,3 enumerated 5:14 fabricated 45:18 final 26:23 27:5 giving 15:1 12:10 18:14 Epstein 1.24:3 5:14 46:149:25 30:22 global 47:6,7 hearings 35:20 5:15,17,25 10:21 face 23:21 finality 12:23 39:22 globally 38:4 heinous 35:3 13:11 14:1,14,17 faced 28:18 financial 20:13 go 3:6,17 9:22 13:14 held 42:16 14:23 15:3,5,13 faces 28:1,3,21 find 39:19 45:2 16:23 18:17,18 help 10:2 43:3 15:18 16:3,15 facing 30:5 47:24,24 28:7,8 41:15 48:8 52:17 17:13 21:1,12,20 fact 10:1,25 15:15 finding 29:18 47:7 49:19 50:19 52:14 helpful 34:21 22:22 23:16 24:10 23:15 40:2 44:3 finds 39:23 goes 47:6 49:18 hiatus 18:25 26:4 27:4 28:1,13 49:6,7,8,11 50:3 firm 35:3 going 3:11 5:13,20 high 10:10 29:4,20 31:23 51:8,9,12 firmer 14:21 7:25 9:8 10:7 12:4 Hoffman 34:4 32:18,20 33:10 factoring 52:5 first 3:21 4:12 45:18 13:14 16:16 17:16 hold 35:10 35:25 36:5,5,14 factors 20:1 Firth 16:7 18:13,17,25 19:7 Honor 3:18 4:12 6:4 37:19 39:13 40:18 fads 13:13 21:18 fit 7:14 19:11 20:10,19 6:15 8:25 9:20 40:21 41:444:22 23:11 33:23 34:15 fits 7:10 26:16 32:1,2 10:19 11:16 12:24 44:25 47:9 51:5 35:15 37:14 47:25 five 23:8 49:19 33:16 34:7 40:13 14:3 18:3 19:4,23 Epstein's 5:7 7:19 48:2 49:1,2,13,17 flavor 52:11 42:23 43:4,10 20:20 21:4 22:24 14:9 16:19 17:12 factual 37:24 Florida 4:17 5:2,12 45:2,3 47:1,2 25:15 30:7,10 43:7 50:16,22 factually 47:5 24:15 27:6,12 48:18,21 50:14 31:23 42:7 43:5 errors 2:15 fade 30:16 28:20 43:21 51:24,25 44:1 45:2 46:3 Esquire 2:4 failing 14:11 flow 21:23 Goldberger 3:4,8,9 Honor's 9:1 11:19 essentially 45:6 fair 17:932:3,5,17 focused 45:9 3:18 4:23 8:24 13:12 43:9 establish 5:9 fairly 52:12 folks 11:14 9:22 10:11,18 estimate 8:1 faith 44:18 49:10 following 1:25 12:16,18,21 14:6 eve 23:25 false 44:13,20 45:16 follows 35:18 15:24 16:24 19:3 i.e 8:19 29:6 evidence 24:3 27:3 45:17 46:11,16,22 food 33:13 19:14 20:20 21:24 imagine 16:18 33:24 34:10,15 49:5 footing 14:21 2318 25:17,24 impact 30:14 42:10 47:14,20 falsity 43:11 52:17 Foray 38:11 27:22 31:18,19 impacts 30:16 48:13 52:21,25 familiar 11:9 form 2:6 40:25 41:15 implicating 16:8 evidentiary 48:7 families 11:8 formatting 2:20 Goldberger's 29:19 implosion 22:25 exactly 4:9 26:15 far 38:22 48:5 forth 38:13 good 41:16 43:18 35:2 27:14 farther 32:15 forward 5:13 16:5 44:18 49:10,18 important 3:21 example 15:1 25:9 fashion 14:12 43:20 16:10,14 51:19,24 govern 34:12 13:12 39:6,7 43:2 40:16 48:15 fast 32:14 52:15 governed 33:21 44:21 examples 40:21 favor 31:4 found 41:5 46:14,15 government 26:18 inaccurate 2:15 Excuse 4:18 9:11 favorable 26:6 52:20 grant 20:2 24:17 inadvertent 11:15 22:9 favorably 24:22,24 four 23:5 31:9 49:20 31:15 inception 38:2 Palm Beach Reporting Service, Inc. EFTA00801591 56 include 29:9 18:7 19:1 27:24 46:3 51:16 manifestations narrow 43:20 included 51:14 38:12 39:25 40:5 level 10:9 12:13 34:19 nature 15:17,21 including 33:5 35:9 42:24 43:2 47:18 21:15,20 40:12,24 manner 40:12 40:22 independent 39:9 48:12 52:6 liability 4:5 16:9 manslaughter necessarily 19:18 indeterminate 18:1 judges 42:3 28:4 25:10 necessary 37:13,23 19:24 judgment 14:13,15 life 5:21 March 19:12 20:9 necessity 15:13 index 2:22 14:16 19:16,19 likelihood 27:24 margin 36:3 33:18 indicated 6:9 9:4,7 23:22 24:1 30:1 limit 28:14 Marra 4:17 5:1 6:7 need 5:9 12:11 23:4 27:25 36:8,14 31:3 32:12 37:16 limitation 23:13 6:8 10:17 18:7 24:2,12 50:25 judicial 15:4 44:1 28:11 19:1 27:25 needs 4:10 35:16 individual 12:15 juncture 10:9 19:21 limitations 8:2,8 materials 3:15 29:3 never 14:17,19 39:21 48:7 52:24 junctures 4 I:10,21 limited 8:9 13:7 33:4 30:11 individuals 5:4,23 jurisdiction 27:13 20:5 24:18 32:5 math 22:13 36:10 New 7:1 34:2 9:7,9,14 13:2,3,16 jurisdictions 4:6 7:1 line 2:20 12:12 47:2 mathematical 22:10 newspaper 18:22 infancy 32:10 7:24 8:6 Link 3:2 11:11,12 matter 1:1 2:1 4:12 32:14 infer 47:19 jury 17:19 30:1 11:18 12:2 42:11 4:15,25 5:3 6:1 night 29:2 inference 38:11 39:25 40:5 46:12 42:18,19,23 43:1 7:14 18:9 20:5 nine 22:14 23:17 inferences 17:18,19 47:8,12,13 48:18 43:8,19 48:11 26:12 27:21 29:8 30:20 45:5 32:1 47:20 48:24 49:12,14 50:12 51:9,23 30:8 35:16 39:20 nine-year 30:13 information 43:25 50:2 51:20 52:18 list 11:13 39:24 40:4 ninth 22:6 44:6 47:9 jury's 47:23 50:15 listen 42:24 matters 4:4 6:14,15 non-prosecution 5:8 initial 16:23 justify 16:21 listened 9:1 6:21 21:5 40:10 5:10,16,18,20,24 initials 9:23 11:3 listening 11:6 41:16 6:10,16,22 11:22 12:8,14 K litigant 35:14 mean 43:25 44:1 13:4,22 17:12 initiate 44:9,17 Kara 2:3 litigated 4:15 48:23 18:5 22:21 25:21 initiated 23:17 36:1 kind 3:21 6:17 16:8 litigation 10:14,15 means 19:19 26:25 27:8,21 initiates 49:2 21:6 20:18 22:8 24:10 memorandum 28:2 instruct 47:12 knew 22:22 51:IS 51:14 41:11.22 non-stenotypists instruction 47:16 know 8:7,8,23 9:18 little 48:5 memories 30:16 2:17 instructions 46:12 11:6,7 14:4,6,7 live 39:8 mentioned 4:2 nonsensical 2:16 intend 8:21 22:17 28:5 30:10 lived 10:12 12:19 35:6 36:2 notation 28:23 intent 8:16 44:12 48:8,8 50:7 long 18:12,16,18 36:22 NPA 4:7 7:22 9:10 interest 39:19 52:19 24:15 25:1 32:15 merits 27:23 17:24 18:8 39:24 interfere 40:24 knowing 23:18 longer 8:12 25:25 mid 3:2 42:14 number 5:5 9:6 interplay 15:8 28:17,20 look 7:7 21:11 33:20 Million° 34:1 52:1 interrupting 9:11 knowledge 30:25 43:23,24 49:3,17 million 51:21,22,23 numbers 2:20 12:17 known 51:15 51:17 52:2 minors 8:13 10:4 introduce 37:23 looked 8:17 24:22 minute 46:3 0 invocation 7:19 L 24:24 43:4 45:7 minutes 21:25 objection 12:6,10 8:19 33:12 9:13 29:8,16 45:20,24 mistaken 4:20 objective 44:7,14 invoke 8:21 17:14 34:25 52:2 looking 18:24 43:19 mistranslations observe 22:6,14 21:21 lack 45:15 46:5 44:13,20 2:14 observed 22:24 involved 5:5 8:13 ladies 11:7 lose 13:23 mix 29:10 obvious 8:14 involvement 45:10 largely 50:14 loss 20:17 moment 36:23 Obviously 33:3 involving 13:16 law 31:12 33:6 lot 6:5 45:4 months 38:25 39:4 occasions 41:2 32:21,24 43:15 46:12 48:24 luck 41:16 morning 43:22 occur 37:8 Islands 7:1 50:17 51:1 motion 3:19 7:3,21 occurred 37:17 issue 7:22 14:18,19 lawsuit 6:14 14:10 M 14:12 19:16 22:15 offend 37:12,13 25:13 38:5 39:5 16:3,5 17:1,6 M-I-L-I-T-A-N-O 23:21,25 24:14,2 I offense 36:19 40:7 29:22 36:21 44:9 34:1 25:4 31:15 32:7,8 offenses 5:15 32:20 issues 13:15 34:8 52:15 maintain 40:11 33:8,9 34:16 offensive 15:16 40:10,24 48:7 lawyer 7:25 17:14 making 7:10 13:10 38:24 41:25 36:20 40:15 lead 52:10 25:344:11,17 moved 32:15 office5:11 41.19 J left 49:20,20 50:22 52:22 offices 35:24 I.5:4 9:6,13 legal 25:6 36:16 malicious 22:4 23:3 N official 2:3 12:15 34:25 37:13,23 29:6 30:5 37:11 name 10:22 11:14 okay 11:17 12:20 Jeffrey 27:25 43:7 legitimate 46:23 38:1 47:3 50:11 names 9:15 10:8,13 15:24 42:25 judge 4:17 5:1 6:7,8 length 7:7 25:19 maliciously 28:15 10:17 11:5,6,8,14 once 41:7,8 49:14 10:16 12:21 15:25 let's 3:6 4:8 14:23 malpractice 6:13 12:9,19 ones 39:8 Palm Beach Reporting Service, Inc. EFTA00801592 57 ongoing 20:18 personal 33:22 presented 40:16 put 4:8 14:1 16:24 regard 25:17,18,20 opinion 50:5 34:11 35:10 preserve 15:13 31:245:13 46:2 27:5 48:3 opinions 47:17 perspective 7:16,17 press 15:5 51:24,25 reintroduce 42:22 52:22 7:18 8:17 37:14 presumably 23:2 reiterate 31:21 opportunity 28:13 pertain 10:3 presume 26:9 AL_ reiterated 35:7 28:14 51:4 phone 43:7 prevents 5:11 question 12:22 reiterating 38:18 oral 33:2,17 phrase 33:9 primarily 36:25 16:17 23:15 44:2 reject 47:16 order 3:1018:7 place 5:11 14:2 prior 4:1 38:25 questions 27:10 rejecting 48:2 19:1 24:3 34:2,9 places 7:2 privilege 26:1,5 44:7, related 5:14 45:4 38:20 41:19 42:7 plaintiff 17:10 27:17 33:20 quite 15:22 22:11 relates 50:22 orders 6:8 52:22 31:11 36:6 privileges 16:7 24:6 relationship 40:19 outcome 8:18 27:24 plaintiffs 44:24 17:15 21:22 quote 24:14 33:18 relatively 19:8 outlined 41:10 plan 11:16 probable 45:15 46:5 33:24,25 34:6,11 relevant 23:11 outstanding 19:17 play 9:5 46:9,17 49:16 quoting 34:3 47:25 overall 52:11,12 playing 16:1,25 52:7,10,18 relied 2:9 49:1,6,8 overriding 47:25 17:9,20 21:15,20 probative 21:6 R 49:12,15 31:21 32:1740:11 procedural 34:19 raiding 35:23 reluctant 42:21 P 40:25 41:4 procedurally 6:17 ramifications 29:22 rely 14:22 49:7,10 PACER 19:14 plea 11:19 13:20 21.19 29:23 remedies 18:6 35:13 page 2:20,22,22 plead 32:23 proceed 3:17,24 rare 37:7 remedy 5:6 18:4 pages 45:5 pleading 35:5 proceeding 24:17 re-evaluated 38:11 remiss 6:12 paid 51:21 please 3:17 12:8 24:19 27:2 38:10 read 19:25 33:13 removed 39:4 papers 19:25 33:15 41:20 42:17 44:18 45:17 49:2 43:21,22 52:12 repeatedly 27:7 paragraph 22:20 pled 6:2 32:20 proceedings 1:25 reading 44:19 30:21 parallels 34:16 point 9:16 10:10 3:19 23:17 31:10 ready 3:16,17 reporter 2:3 12:5 parameter 7:11 19:15,23 20:5 38:13 realized 29:21 reporting 4:14,21 parameters 7:20 21:3 26:8 29:12 process 6:4 realtime 2:21 represented 35:1 8:15 34:21 39:1 produce 24:3 reasked 38:12 request 2:3 12:23 parse 46:13 pointed 24:9 27:7 prolong 40:7 reason 6:21 37:4 13:7.7 part 4:7 5:19 6:16 3S:7 49:23 51:3 prong 7:5 reasonable 23:10 requested 38:16,21 12:3 13:3 25:16 pointing 32:2 pronouncements 28:11 32:13,16 require 18:13 34:24 38:19 47:13 poison 30:24 9:2 36:444:7,8,15 required 7:6 24:20 partial 19:16 32:12 portion 1:25 proof 30:12,15,18 47:19 52:14 requisite 37:14 particular 34:18 position 49:9 50:16 48:16 50:10 51:18 reasonably 24:10 resolution 4:3 26:23 35:15 positive 11:4 proofread 2:11 24:23 25:2,18 resolve 51:6 particularly 8:13 possibilities 25:20 prosecution 5:13 27:16 resolved 3:23 13:9 parties 13:14 15:6 possibility 28:1 6:1 7:23 22:4 23:3 reasons 8:14 31:14 24:5 39:24 parts 5:17 possible 8:18 25:7 29:6 30:5 31:15 41:12 42:1 resolves 20:6 party 25:3 30:11 potentia16:25 8:10 37:11 38:1 47:4 rebut 22:1 respect 7:15 8:20 party's 39:11 8:11 15:8 29:5,21 50:11,18 52:8 rebuttal 29:19 47:17 peculiarities 33:23 29:23 36:24 37:1 prosecutions 6:25 receiving 30:21 respectful 51:1 34:12 37:9.25 28:7 recited 9:25 respectfully 15:24 peculiarity 34:18 potentialities 8:7 prostitute 52:4 recognition 30:3 26:2 35:15 potentiality 7:23 protocol 34:19 35:12 36:23 37:9 respective 7:13 12:6 pendency 22:7,21 potentially 4:4 prove 43:1146:10 recognize 37:25 respond 31:20 24:18 34:24 38:"), 46:15 48:18 52:17 recognized 24:15 response 24:8 pending 3:20 5:1 practice 17:4 proven 37:15 29:5 responsibility 47:23 17:2 practitioner 19:18 proverbial 14:1 recollection 19:4 47:23 people 37:6 praise 41:6 provide 11:23 recompense 20:13 rests 22:18 perceived 36:4 prediction 28:10 provided 33:5,6 record 4:8,19 5:9 result 20:17 39:10 percent 10:11 preference 9:21 proving 25:1 11:3 12:3,7 18:11 41:11 perceptions 33:22 prejudice 20:4 21:1 provisions 52:25 18:19 26:3 38:19 resulted 15:3 34:11 21:5.11,1230:9 public 30:22 41:1342:1,15,16 resulting 2:15,19 period 18:1 19:8 31:6 public's 7:17 42:17 14:15 35:22 36:7 prejudicial 39:19 published 15:6 records 43:7 results 27:20 periods 38:17,23 preparation 2:18 punctuation 2:20 reference 6:24 review 4:10 19:14 permission 11:19 prepare 41:19 purchaser 2:5 referred 4:13 11:3 reviewed 33:4 person 44:7,8,11,16 present 37:22 purposes 2:9 4:19 refers 22:20 reviewing 16:19 44:1649:1 presentations 33:2 37:20 refuse 27:10 29:3 Palm Beach Reporting Service, Inc. EFTA00801593 58 reviews 33:15 sense 24:7 47:22 18:15 31:22 51:20 47:10 50:17,23 thought 3:3 10:20 rhetorically 20:4 48:11 standard 44:8 summary 14:13 33:4,14 42:14 RICO 23:7 sent 45:12 standing 38:5 19:16,19 23:21 three 5:4 9:13 13:2 right 3:15 6:18 sentence 5:19 46:14 start 42:23 24:1 30:1 32:12 13:3 18:2 32:21 15:14 16:1 17:1,2 49:4,23 52:16 started 14:7 28:17 37:16 32:24 34:25 45:19 17:6,20 18:19 separate 29:10 starting 45:10 summer 19:2 51:16 19:22 21:2422:12 separating 47:2 state 26:17 support 24:4 37:24 thrust 14:4 27:9 31:1,2,23 served 5:19 stated 12:9 36:16 41:22 tie 46:1 36:21 41:14 48:9 set 5:24 13:4,21 41:13 supports 26:3 time 3:20 7:8 11:20 50:8 17:11,23 18:8 statement 32:22 supposed 39:2 49:3 13:8 18:1,10,18 rights 4:22 15:11 25:22,22,23 28:2 43:10 46:4,16 49:5 19:9 24:18 28:6 26:7,11,24 27:20 38:13 51:17 Supreme 34:5 43:21 28:19 29:12 31:13 35:13 40:1 setting 5:7 6:9 18:4 statements 15:4 sure 9:12 35:21 36:7 37:10 rock 14:2 27:20 46:21 susceptible 23:3 37:16 45:12,13 Rockenbach 2:4 settle 51.23 States 34:4,5 sustain 29:24 30:15 46:25 47:9 50:6 roll 17:18 settled 31:12 status 32:12 symbols 2:17 50:16 51:2 Rosenfeldt 23:1 seven 20:19 statute 8:2,8 27:1 timeline 34:20 Rothstein 23:1 29:9 shocking 40:3 statutes 8:11 23:12 T 35:18 29:16 35:3,4,9 shorter 24:23 stay 3:5,19 6:20 7:3 T.M 5:4 9:5 timeliness 39:17,17 46:2 show 49:24 12:24 13:7,8,19 take 3:6 42:7 times 16:20 38:15 Rothstein's 35:21 shown 37:15 17:25 18:9,12 taken 2:1 11:1 40:4 38:17 ruled 12:25 sic 4:14 19:24 20:3,5 40:9.14 today 12:4 22:18 ruling 13:12 29:18 side 7:12 17:5 26:16 22:15 24:2,12,14 takes 40:15 49:9 35:7 39:3 41:1 run 23:14 39:21 40:6 50:24 24:17,19,23 25:2 talk 25:16 38:9 told 44:19 sides 33:1 51:6 25:19 28:11 32:5 talked 21:4 tort 15:16 40:23 S sight 13:23 32:7,9,16 34:8 talking 42:19 48:16 transcript I:1 2:6,8 sampling 33:6 significant 15:20 38:16,20 41:9,12 talks 33:11 2:11.12,13,19,21 sat 8:25 18:25 30:19 31:5 stenotype 2:14,16 tangential 13:15 42:8 satisfied 12:13 31:8 step 33:15 team 51:14 transcript(s) 1:25 satisfy 10:7 similar 7:11 stipulation 11:2 tells 25:24 48:24 transmission 2:15 saw 45:24 simple 8:24 strategic 15:9 temporarily 18:9 transpiring 34:23 saying 43:2 50:8 simply 12:7 28:9 strategies 15:19 ten 49:20 trial 13:1 19:12 says 23:18 32:6 39:23 43:5 strategy 15:25 tension 51.7 24:16 30:1 38:12 33:18 49:25 50:1 sir 22:12 26:13,21 stream 30:25 terms 18:25 33:11 39:4,25 51:20 31:16 50:12 strike 25:6 34:7 33:15 34:21 35:14 tried 48:13 Scarola 3:44:1,18 sit 8:1 strip 52:3 testified 20:22 trier 51:8 4:24 6:24 9:17,19 sitting 39:1 strong 51:21 testify 6:14 I 6:6,12 truck 17:18 10:19 11:15 17:17 situation 14:2 21:8 struggle 51:10,11 testimony 2:10 9:8 true 26:21 49:4 20:15 21:22 22:2 32:4 34:23 subject 5:25 26:13 12:25 13:1 18:11 truth 43:11 22:3,11 25:11,14 skills 36:10 29:18 30:9 33:17 45:5 try 8:1 17:18 18:24 26:13,21 28:25 small 52:1 35:2444:10,16 thank 3:9,13,18 20:8 48:18 49:22 30:7 31:17 32:6 somewhat 7:11 47:4 subjective 50:16,21 4:23 11:17,25 50:2 35:7 38:7 41:18 sooner 21:10 subsequent 28:6 21:25 31:16,17 trying 33:14 40:11 41:24 42:648:17 sort 51:10 substantial 20:16 33:1 41:14 42:9 46:19 52:7 49:9 51:22 sought 7:8 substantively 29:12 Thanks 42:12 tugs 6:3 Scarola's 14:5 sound 11:8 successful 20:23 therefrom 14:15 turn 16:25 42: I 1 31:20 43:9 51:II Sounds 43:18 suffered 31:6 thereof 2:1 40:5 twice 42:24 schedule 3:13 southern 4:16 5:2 suffering 21:13 thing 6:7 11:18 two 25:20 37:25 SEC 33:25 5:12 27:6,11 sufficient 37:3 18:20 19:20 27:14 38:25 43:5 44:4 second 11:18 26:8 28:19 34:2 41:25 44:6 things 15:3 18:2,10 45:6,16,17 51:6 see 3:24 7:14 25:8 speak 9:19 suggest 10:5 26:2 28:12 31:22 38:10 52:16 40:23 speaking 4:9 38:14 47:1 50:9 44:5 52:4 type 14:22,24 34:16 seeing 18:22 specific 48:19 52:9 52:8 think 3:4,16,20 4:20 40:23 47:21 seek 18:4 specifically 12:9 suggested 18:23 18:14 19:15,21 types 8:2,10 seeking 3:23 5:6,24 32:8 38:4 21.4,6 28:24 typical 25:5 6:20 7:21 13:18 spent 43:22 suggesting 8:16 29:13 34:10,16 typically 8:12 36:18 18:5 19:24 spring 19:2 14:25 28:25 37:5 38:7 45:3 46:15 self-incrimination stages 24:9 38:10 suit 16:23 29:7 37:1 46:16 U 15:14 stand 16:11,21 37:10 38:3 45:8 third 12:15 15:6 uh-huh 46:14 Palm Beach Reporting Service, Inc. EFTA00801594 59 ultimately 14:13 29:13,25 31:2,22 2 37:16 48:1 50:13 32:4 20-page 46:5 51:7 we're 32:11 200914:10 22:5,19 unaware 23:9 weak 45:25 49:25 34:24 36:6,8,12 uncertified 1:1 2:2,5 50:1,4,6 51:16 2011 14:11 2:21 52:2 2017 2:2 36:9,13 understand 3:12 week 7:12 10:2 35:6 2018 19:2,12 4:11 8:20 10:12 35:24 50:25 29th 45:11 14:20 15:8 43:3 weigh 20:21,25 43:14 weighing 47:8 3 unedited 2:2,6,21 well-founded 12:22 341 34:4 United 34:4,5 weren't 36:10 unofficial 2:8 wherewithal 47:15 4 unprecedented 5:6 willing 10:8 40 28:4 5:22 wish 9:1741:16 40321:5 untranslated 2:16 47:17 42(1)22:20 untrue 46:8 48:20 witness 11:13 16:21 479 34:5 upholds 26:24 witnesses 47:21 486 34:5 use 9:23 12:14 women 13:10 32:21 utilized 9:16 10:8 32:24,25 5 word 2:16 19:19 5 39:2 V 45:24 5.2 51:21 v 1:3 words 26:17 29:14 5.5 51:22,23 vacuum 48:4 46:1 5th 2:2 validity 26:25 33:19 worked 52:3 34:13 worms 29: II value 21:6 50:5 worry 11:10 16:6 various 20:1 29:15 wouldn't 23:13 7 vehicular 25:10 written 2:6 24:8 75 46:10 verbatim 2:9 33:2 79 46:6 versus 21:6 33:25 wrong 29:1 34:4 47:3 wrote 29:2 36:3 8 victim 10:21 23:6 27:3 X 9 victims' 4:14,21,22 9 22:5.19 15:11 26:6,11,24 Y 99 46:21 27:19 40:1 Yeah 42:2 view 39:18 51.1 years 6:6 10:13 Virgin 7:1 20:15,19 22:14 10:23 23:5,8,17 27:15 virtue 21:17 39:24 28:7,8 30:20 31:9 voluntarily 10:22 York 7:1 34:2 24:1 young 11:7 volunteer 18:3 z w waiting 21:23 42:12 0 waive 26:4 09 38:3 want 8:5 9:12 10:4 11:11 12:13 13:6 1 17:3 20:8 29:9 1 5:5 9:6 30:8 31:19,21 10 10:12 16:20 37:6 48:8 52:20 10010:1146:21 52:24 13 19:12 45:5 wanted 6:19 14 49:17 wanting 7:13 15 49:17 wants 21:9 18 9:14 wasn't 31:8 1951 34:6 way 9:2 10:5 21:18 Palm Beach Reporting Service, Inc. EFTA00801595