EFTA01070501

Case 9:08-9v-80119-KAM Document 207-4 Entered on FLSD Docket C.7/20120.49 . Page 15.af_48_ Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009 Page 15 of 18 C.M.A. v. Epstein, et al. Page 15 entitled to evidence which would show the nature of her relationship with males, whether she has suffered or engaged in other acts of sexual misconduct or activity as alleged in her complaint, and whether she suffered injury and damages as a result of the other claimed sexual misconduct or activity. See United States v. Bear Stops, 997 F.2d 451 (8th Cir. 1993)(Defendant charged with sexual abuse of six year old boy was entitled to admission of evidence relating to victim's sexual assault by 3 older boys to establish alternative explanation for why victim exhibited behavioral manifestations of sexually abused child.). In further support of Defendant's motion, a copy of Bales v. Ruzzo, 703 So.2d 1076 (Fla. 5th DCA 1997), rev. dented, 719 So.2d 286 (Fla. 1998), is attached hereto as Exhibit B as it is on point to the discovery Issues in this action, and the relevancy and discoverability of Plaintiff's history of sexual activity and any payment, therefore. See interrogatories 8, 22 and 30 propounded In the Balas case and footnote 1 herein. 3 Additionally and significantly, in other pending state court civil actions against.Defendant EPSTEIN attempting to assert similar claims and damages, the Circuit Court Judges have already ruled that such information is discoverable as it Is relevant to the damages claims of Plaintiff. See Composite Exhibits C and D hereto. Composite Exhibit C are the Orders, dated February 23, 2009, entered in the case of A.C. v. Epstein, and Case No. 502008CA025129 MB Al, 15th Judicial Circuit, In and For Palm Beach County, State of Florida, which granted Defendant's motion to compel therein directed 3 In Bales v. Ru7zo supra, the Plaintiffs alleged a muiticount complaint Including claims for "coercion of prostitution" pursuant to §796.09, Fla. Stat.; for battery for the unwanted and offensive touching of petitioners' bodies; false imprisonment for physically confining the petitioners against their will; invasion of privacy; and intentional Infliction of emotional distress. EFTA01070501 Case 9:08-cv-80119-KAM Document 207-4 Entered on FISD.D.ock et 071201.2009. _Rage_16_of_46. Case 9:08-cv-80611-KAM Document 54 Entered on FLSD Docket 04/02/2009 , Page 16 of 18 C.M.A. v. Epstein, et al. Page 16 to discovery identical to Interrogatory no. 18 above. (In the A,C. case, the Plaintiff answered without objection interrogatories identical to nos. 19, 20, and 21 herein.) Composite Exhibit D is a portion the transcript from a March 3, 2009 hearing on Defendant's motion to compel discovery in the case of Jane Doe II v. Epstein, and Case No. 502008CA020614 MB AF, 15th Judicial Circuit Court, In and For Palm Beach County, State of Florida. Again, the Circuit Court Judge determined that the information sought is relevant to the Issue of damages and, thus, discoverable. Accordingly, Plaintiffs objections are required to be overruled and Defendant is entitled to the discovery sought. Interrogatory No. 23 23. State the names, addresses, ages, phone numbers and dates of all a females whom you claim were brought by you to Mr. Epstein's home to give him female, state the amount of money you massage or for any other reason. As to each claim you were paid to bring each female. Answer: A.L. Age: 22 West Palm Beach, FL I was paid $100.00 Legal Argument Supporting Entitlement to Discovery Counsel for the respective parties also discussed this interrogatory In an effort to come to a resolution. Plaintiff does not object to the discovery requested. Plaintiffs counsel indicated that he had a "problem" disclosing the identity of A.L. to the extent public she was a minor at the time. Defendant would agree to an order proteCting disclosure of the true Identity of A.L. If she were indeed a minor at the time; however, as part of the order, Plaintiff should also be required to provide Defendant with the full EFTA01070502 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page_17 of 46 Case 9:08-cv-80811-KAM Document 54 Entered on FLSD Docket 04/02/2009; Page 17 of 18 C.M.A. v. Epstein, et al. Page 17 name of A.L. so that Defendant may conduct meaningful discovery. It is Plaintiff who claims she brought A.L. to Epstein's home as part of the alleged "scheme." In addition, Plaintiff failed to provide any date or dates as to when she brought A.L. to Epstein's home. Plaintiff's counsel indicated they would attempt to provide this information. Accordingly, In granting Defendant's motion to compel discovery, with respect t this interrogatory, Plaintiff should be required to provide the full name of A.L. (which Defendant agrees to keep confidential at this time), the date or dates which she brought A.L. or any female to Epstein's home, and how much she was allegedly paid each time. WHEREFORE, Defendant requests that this Court grant Defendant's motion to compel and award Defendant's reasonable expenses, including attorney's fees, associated with this motion. Rule 7.1 Certification I hereby certify that counsel for the respective parties communicated by telephone in a good faith effort to resolve the discovery Issues prior to the filing of this motion to compel. Some of the issues were resolved or in the process of being resolved. Robert D. C yn, Jr. Attorney for efendant Epstein Certificate of Service I HEREBY CERTIFY that a true copy of the foregoing was electronically flied with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of re j entitled on the following Service. List in the manner specified by CMIECF on thi ay of April, 2009 EFTA01070503 Cese.9:08-oy:§0119-KAM pospnent.207: 4 filtered on FLSD DooKet.01/2_9/2QQL_Page_113of.46. Case 9:08-cv-80811-KAM Document 64 Entered on FLSD Docket 04/02/2009 Page 18 of 18 c.mA. v. Epstein, et al. Page 1B Richard Horace Willits, Esq. Jack Alan Goldberger, Esq. OkAlbe, got' & W0133,1;.A. Richard vviiins, P.A. 22901001Avenue North 250 Australian Avenue South , Suite 404 Suite 1400 L 33461 ach, FL 33401-5012 F F Counsel for P alntiff C.M.A. Jeoesaebellsouth.net realrhwfahotmail.com Counsel for Defendant Jeffrey Epstein Jack Scarola, Esq. Jack P. Hill, Esq. Bruce Reinhart, Esq. Seamy Denney Scarola Bamhart & Bruce E. Reinhart, P.A. Shipley, P.A. 250 S. Australian Avenue 2139 Palm Beach Lakes Boule vard Suite 1400 ach, FL 33409 ach, FL 33401 Fax: Fax: ecfabrucereinhartlaw js@serslasgin s) Counsel for Defendan. 1phesearcvlaw.com Co-Counsel for Philntiff Respectfully subm' red, By: ROBERT D. ITTON, JR., ESQ. Florida Bar •. 224162 rcrit(Obcicia .com MICHAEL J. PIKE, ESQ. Florida Bar #617298 molkenbolclaw.conl BURMAN, CRITTON, LUTTIER & COLEMAN 615 N. Flagler Drive, Suite 400 ; h, FL 33401 Phone Fax nsel for D•efendant Jeffrey Epstein) (Cou EFTA01070504 Case popyrne.nt?Q7.-.4 on Fi-54 P0CKet 07/20/2,Q0_9__Page..19_0146 Case 9:08-cv-80811-KAM Document 54-2 Entered on FLSD Docket 04/02/201)9 Page 1 of 2 C.M.A. vs. Epstein, et case No.: 08-CV-80811-CIV-MARINJOHNSON Platatiff's Answers to Defendant'sFirst Interroptories counseling prior School behavioral problems, received • or take any drug s or med icati ons 8. Did you consume any alcoholic beverages ent(s) described in the complaidt? If h incid within 12 hours before the time of eac beverages, drugs, or medication whic h type and amo unt of alco holic so, state the . where you consumed them were consumed, and when (dates) and ANSWER ts". I rning Glory" and "Angel Trurripe 1. On one occasion I had taken "Mo do not recall the date. . aine powder. I do not recall the date 2. On another occasion I used coc ing tional, mental) for which you are claim 9. Describe each injury (physical, emo Inju red; the part of your body that was damages In this case, specifying the effects injur ies you contend are permanent, the nature of the injury and as to any on you that you claim are permanent. ANSWER .I ic depression.1lost my self-esteem I have bipolar disorder and man legs and developed drug prob lems. began cutting myself on my arms and Permanent Injuries are psychological. the you claim, and Include in your answer 10. Please state each Item of damage that tes; the factual basis for each item of rela count to which the Item of damages s, tion of how you computed each item of damage damages; and an explana d. including any mathematical formula use ANSWER chic mental anguish, mental pain, psy I am claiming compensation for luat ed by These damages will be eva trauma, and loss of enjoyment of life. an amo unt of hods of computation in a jury who will provide their own met . § 225 5.1 hed by 18 U.S.C.A at least the statutory minimum establis Discovery is ongoing. of each physician (including psychiatrist, 11. List the names and business addresses ider) who hes treated or examined you, psychologist, chiropractor or medical prov 13 stiv EXHIBIT :17 EFTA01070505 Coe 9118-cv-801111cAM Document 20724_ ....Entered on.ELSD.Dockel.07/20/2009.....RageZlof.46. Case 9:08-cv-80811-KAM Document 54-2 Entered on FLED Docket 04102120th Page 2 of 2 C.M.A. vs. Epstein, et el. Case No.: 03-CV-80811-CIV-MARRAC0HNS0N Plaintiff's Answers to Defendant's First Intecrogatortes and w ere yo a for the injuries for which you seek damages in this case; and state as to each the condition for which you were date of treatment or examination and the injury or examined or treated. ANSWER Dr. Serge Thys (Psychiatrist) Date: I do not recall the date. I would defer 2151 45 Street to the Doctor's records. West Palm Beach, FL. 33407 school. Ongoing. Pope (Counselor/Therapist) Data: Since high a2001 Child Center W. Blue Heron Boulevard physicians, medical facilities, 12. List the names and business addresses of all other other health care providers rehab facilities (drug, alcohol or psychiatric) or counselor and chiropractors by including psychiatrist, psychologist, mental health treated in the past 10 years; and whom or at which you have been examined or treatment and the condition or injury state as to each the dates of examination or for which you were examined or treated. ANSWER Good Samaritan Hospital (3112/04, 312.6108) Child Birth 1309 N Flagler Dr West Palm Beach, FL 33401 St. Mary's Hospital (4107) DNC 901 4511' Street West Palm Beach, FL 33407 Gloria C. Hakkarainen, MD OblGyn 2925 101h Avenue North, Suite 305 Palm Springs, FL. 33461 Theodore Ritota, DDS Dentist 14 EFTA01070506 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 21 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 91f A VVestiam Page 1 703 So.2d 1076 D169 703 So.2d 1076,22 Fla. L. Weekly D2375, 23 Fla. I. Weekly (Cite as; 703 So.2d 1076) District Court of Appeal of Florida, 307Ak31 k. Relevancy and Materiality. Fifth District. Most Cited Cases Party may be permitted to discover: evidence that Kimberly BALAS and Teresa Shumate, Petitioners, v. would be inadmissible at trial, if It Would load to discovery of relevant evidence. West's P.S.A. RCP Marjorie A. RUZZO, and Exec., Inc., etc., Re- spondents. Rule 1.280(6)(1). No. 97.82. [31 Pretrial Procedure 307A C=36.1 Oct. 10, 1997. 307A Pretrial Procedure As MoOfled on Grant of Clarification Jan. 2, 1998. rev own% €6. rt 5.. - zit Plaintiffs brought action against alleged house k of no , keteri3 ). 307A11 Depositions and Discovery ; 307All(A) Discovery in General ado, coercion of prostitu tion. 307Ak36 Particular Subjects of Disclos- um prostitution for, inter 307Ak36.1 k. In General. Most Cited The Circuit Court, Brevard County , Frank Pound, Cases J., granted in part defendants' motion to compel die- Evidence of plaintiffs' past prostitution and their covery. Plaintiffs filed petition for writ of carder- revenues relating to such activities, including activ- art The District Court of Appeal, W. Sharp, J., held ides with alleged house of prostitution against that evidence of plaintiffs' past prostitution and which they had filed suit, was disceverable, where their revenues relating to such activities was dis• plaintiffs brought action not only for coercion of covetable. prostitution, but also for battery, false imprison- meat, invasion of privaoy, intentional infliction of Petition denied. emotional distress, violation of their civil rights, and racketeering. Violent Crime Control and Law 11111113, J., concurred specially and Bled opinion. Enforcement Act of 1994, § 40302, 'a West Headnotes 13961; West's FS.A. §{1 772.014, 796.09; West's F.S.A. RCP Rule 1280(*(1). *1076 Richard E. Johnson and Heather Fisher Lind- D3 Pretrial Procedure 307A C=P31 say, of Spriggs & Johnson, Tallahassee, for Peti- tioners. 307A Pretrial Procedure 307A11 Depositions and Discovery 307A11(A) Discovery In General Mark S. Peters of Amad, Theriac 4 Eisemnenger, P.A., Cocoa, for Respon dents. 307Ak31 k. Relevancy and Materiality. Most Cited Oases Discovery In civil cases must be relevant to subject W. SHARP, Judge. matter of case and must be admissible or reason- ble evidenc e. ably calculated to lead to admissi Baths and Shumate petition this court for a writ of West's P.S.A. RCP Rule 12B0(6)(1). certiorari to review certain portions of the lower court's order which granted, In pea, a motion to 123 Pretrial Procedure 307A ca=31 compel discovery Bled by respondents Rune and Exec., Inc. Petitioners argue that theise portions de- 307A Pretrial Procedure part from the essential requirements Of law and will 307AE Depositions and Discovery cause them irreparable harm because they will be 307A11(A) Discovery in General Works. 2009 Thomson Reuters/West. No Claim to Orig. US Gov. EXHIBIT yj -Split8cprft= HTIALFAifmnNotSetiont.. 3/26/2009 http://web2.vvestlaw.corn/printlprintstream.aspx?sr- EFTA01070507 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 22 of 46 Pgge 2 of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 2 of 8 Page 2 703 So.2d 1076 703 So.2d 1076, 22 Fla.L. Weekly D2375,23 Pla. L. Weekly D169 (Cite as: 703 So.2d 1076) titioners against their will. Count IV alleges that re- compelled to disclose Intimate details of their sexu- msteryr ate,mog„040 ry the unit ntrertinrari spondents' actions constituted an Invasion of peti- tioners' privacy. Count V is a claim )or the inten- tional Infliction of emotional distress.,Count VI al- Bales and Shumate filed suit against Ruzzo and Ex- ec, Inc., doing business as 'The Boardroom." Ac- leges a civil rights action-that respondents have vi- olated petitioner? right to be free from crimes of vi- cording to Baku and Shumate, The Boardroom op- crates ostensibly as 9077 a leisure spa but actually olence motivated by gender within the meaning of 42 U.S.C. section 13981. Finally, count VII seeks is a house of prostitution. Batas worked at The civil remedies for criminal practices or racketeering Boardroom from December 1993 until February pursuant to section 772.104, FloridaiStatutes. The 1996; Shumate worked there from October 1992 petitioners claim that they suffered emotional pain, until March 1996. Ruzzo, the sole officer and anguish, humiliation, Insult, Indignity; loss of self- shareholder of Exec, Inc., collected about fifty to esteem, inconvenience, hurt and emotional distress. sixty percent of each employees' earnings from per- They seek an award of general and punitive dam- forming sexual acts. ages, among other relief. According to Batas and Shumate, Ruzzo exerted The discovery to which the petitioners am being re- mental and emotional control over her employees quked to respond Is as follows: and thus she was able to exploit them as prostitutes. Ruzzo required her employees to pay her substan- tial sums of money to attend "metaphysical work- I. ed shops" conducted by Ruzzo or persons associat At the work place, the employe es were re- with her. Interrogatory 8: Please advise how long have you quired to participate in religious and quasi-religious been engaged In prostitution... "circles," rituals and incantations. These practices were allegedly designed to break down the person- alities of the women who worked for Ruzzo and to one foster dependency and loyalty to herself. At earning s of a new employ ee were time when the Interrogatory 22: State with specificity the man- missing and believed to be stolen, Russo required ner in which the acts as described !in your Com- cav- that the petitioners be strip searched and body plaint have materially affected ho'/ you Interact Ruzzo caused the petition ers to be- ity searched. with your husband, boyfriend, nuncio' [sic] or nt on lieve their continued employment was depende any other individual of the opposite sex. they their submission to these searches and that felony charges if they refused might be arrested on to submit to the searches. int Balsa end Shumate's second amended compla Request for Production 30: A copy of any photo- against Russo contains seven counts. Count I is an graphs, movies or videotapes in which you per- sec- action for coercion of prostitution pursuant to formed sexual acts and/or simulatUd sexual acts the tion 796.09, Plorlda Statutes. Petitioners allege In exchange for money or other consideration. requirement that they perform sexual acts to retain their employment constitutes Inducement and coer- cion to engage in prostitution. Count II is a claimg IV. for battery for the unwanted and offensive touchin for of the petitioners' bodies. Count In Is a claim Interrogatory 16: Please list the names, addressee, per false Imprisonment for physically confining the telephone numbers and rates of pay for all em- ployers for which you worked. including the Gov. Works. © 2009 Thomson Reuters/West No Claim to Orig. US Split&prftr-HlivILE&ifnr-NotSet&rnt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx'?sv— EFTA01070508 Case 9:08-tv-8011 9-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 23 of 46 • " ' of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Page 3 of 8 Page 3 703 So.2d 1076 703 So.2d 1076,22 Fla.L. Weekly D2375, 23 Fla.L. Weekly D169 (Cite as: 703 So.2d 1076) nature, custody, condition, and location of any nature of the work, during the five yens immedi- dtanmeshig4herdare amppinyenrnt "6th Ihr hnnkc. documents, or other tangible things and the date of your termination the identity and location of persons having know- Boardroom and from ledge of any discoverable matter. It. Is not ground with the Boardroom to the present, providing the for objection that the information sought will be names of your immediate supervisors at each Inadmissible at the trial if the information sought place of employment and the reason for your appears reasonably calculated to lead to the dis- leaving each place of employment. covery of admissible evidence. V. Nonetheless, the discovery of certain kinds of in- formation may cause material injury ,of an irrepar- able nature. This includes the "cat-out-of-the-bag" Interrogatory 26: Please state your total income material that could be used to injure another person while employed at the Boardroom, and state the or party outside the context of the litigation, materi- source of that locome including any income from al protected by privilege, trade ;carets or work other employment or *1078 income earned from product. Discovery was never intended to be used prostitution other than at the Boardroom. es a tactical tool to harass, embarrass or annoy one's adversary. Rather, pretrial discovery was im- VI. plemented to simplify the issues in a case, to elim- inate the elements of surprise, to encourage the set- tlement of cases, to avoid the cost of litigation, and Request for Production 34: Business records from to achieve a balanced search for the truth to ensure any selfamp)oyment or owned business ventures a fair trial. Elkins v. Sykes!, 672 So.2d 517 (Pla.1996). in the last 5 years, including any records or list of customers, "special customer lists" or "sugar Hem the petitioners argue that the information daddy's list." sought to be discovered regarding prostitution and t to their sexual activities was propounded solely to em- 11112) Discovery in civil cases must be relevan barrass them and to invade their right to privacy. the subject matter of the case and must be admiss- ble The petitioners also claim that this Information is ible or reasonably calculated to lead to admissi privileged under section 796.09 and is not calcu- evidenc e. See Allstate Insuran ce Co. v. Langsto n, lated to lead to evidence which would be admiss- 655 So.2d 91 (Fia.1995); Ametue n Newman, 653 ible at trial. Sold 1030 (FI41995); Russell v. Stardust Cruis- The ers, Inc., 69D So.2d 743 (Pia. 5th DCA 1997). Section 796.09 provides a person with a civil cause concept of relevancy Is broader in the discovery of action for compensatory and punitive damages be context than In the trial context and a party may against anyone who coerces that person into prosti- permitted to discove r evidenc e that would be inad- tution, who coerces that penon to remain in prosti- missible at tisk if it would lead to the discovery of tution, or who uses coercion to collect or receive relevant evidence, Allstate; Arnente. Florida Rule of any part of that person's earning& derived from Civil Procedure 1280(b)(1) delineates the proper prostitution. In the course of Iltlgafion under this scope of discovery: section, any transaction about which ? plaintiff test- ifies or produces evidence does not subject the In General Parties may obtain discovery regard- plaintiff to criminal prosecution or to any penalty or ing any matter, not privileged, that is relevant to forfeiture. In addition, any testimony or evidence or the subject matter of the pending action, whether any information produced by the plaintiff or wit- it relates to the claim or defense of the party seeking discovery or the olaim or defense of any other party, Including the existence, description. Gov. Works. ® 2009 Thomson Reuters/West. No Claim to Orig. US Split&prft=HTMLE&ifm-NotSet&mt... 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7svt- EFTA01070509 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 24 of 46. i Document 54-3 Entered on FWD Docket 04/02/2009 Wel of 8 Case 9:08-ov-80811-KAM Page 703 Sold 1076 ID169 703 So.2d 1076,22 Fla. L. Weekly D2375,23 Fla. L. Weekly (Cite as: 703 So.2d 1076) arrested. ness for the plaintiffs cannot be used against the vaunt-fro Of WillianT1- 27Irttinia Under section 796.09, the petitioners' prior involve- proceeding, except ono for perjury. ment in prostitution and their earnings from prosti- tution would be Irrelevant. Hence discovery should Section 796.09(5) specifically provides that it is not not be permitted because such InforMation would a defense that the plaintiff was paid or otherwise not be admissible at trial nor would it be reasonably compensated for prostitution, that the plaintiff had calculated to lead to evidence ultimately admissible engaged in prostitution prior to any Involvement at trial. Even though the scope of discovery is gen- with the defendant or that the plaintiff made no at- erally quite broad, section 796.09 Is designed to en- tempt to escape from the defendant Section courage prostitutes to sue their pimps. Thus the 796.09(6) provides that convictions for prostitution usually broad scope of discovery may be tonsUlc- or prostitution-related offenses are inadmissible for ted so that prostitutes will not be embarrassed, har- the purpose of attacking the plaintiffs' credibility. assed or hindered in their actions. • This legislation was the result of the Florida Su- t3) Had the petitioners brought their lawsuit against preme Court Gender Bias Study Commission, Ruzzo and The Boardroom only undcr section which conducted an extensive investigation of pros- 796.09, evidence of petitioners' past prostitution. titution in this state. The Commission's activities Including with the Boardroom, and their earnings included Interviews with law enforcement and cor- relating to such activities, may not have been dis- rections personnel,*1079 judges, public defenders, coverable. However, the petitioners fi led a multi- prosecutors, drug rehabilitation counselors, social count complaint for compensatory . and punitive workers, medical personnel, prostitutes, clients and damages, alleging numerous causes of action pimps. The Commission found prostitution to bo against the respondents. These other causes carry prevalent and uniform throughout the state and law no such protection from discovery, Since the In- enforcement largely unable to deter It under pre- formation sought by discovery may he relevant or vailing social attitudes and judicial practices. The may Iced to the discovery of admissible evidence in Commission further found that prostitutes arc often one or more of these other causes of action or to victims of economic, physical, and psychological determination of damages, we cannon conclude that coercion, that most persons do not chose to become the trial court departed from the essential require- prostitutes, but do so to survive, and that ninety ments of law in granting this discovery. See Smith percent of street prostitutes, both adult and chil- 687 So.2d 895 (Fla. 3d dren, are controlled by pimps who use a variety of v. 778 Bank of the Keys, s to maintai n this control. The DCA 199'7) (by alleging fraud as well as breach of method coerciv e contract, purchaser placed at Issue her reliance on Commission determined that clients and pimps are venders assertions, the veracity of financial docu- rarely prosecuted and, when prosecuted, receive ments she submitted to the vendor, and the state of light sentences; whereas prostitutes, who are mainly her mental health, including memoryl problems she females, are frequently prosecuted and receive was experiencing at the time of the Alleged tortious harsher treatment in the courts. The Commission conduct, thus deposition questions Concerning her recommended changes in the methods of Interven- state of mind were relevant). tion in prostitution from punitive to therapeutic, changes in the law to require more equal treatment Petition for Writ of Certiorari DENIED. cli- by the courts of the prostitute In relation to the ent and the pimp and to lessen the incentive to THOMPSON, J., concurs. ac- traffic in human flesh by giving the prostitute HARRIS, J., concurs specially • with opin- system without first having to be cess to the judicial lon.HARRIS, Judge, concurring specially: Works. CJ 2009 Thomson Reuicrs[Wcsi No Claim to0rIg. US Gov. prft=liTMLE&ifmt.NotSet&ynt.. 3/26/2009 http://web2.westlaw.com/print/printstream.aspx7sv-Split& EFTA01070510 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 25 of 46 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04102/2069 Pn eg5eqgf 8 Page 5 703 Sad 1076 70380.2d 1076.22Pb.L.Weedily D2375,23FIL L. Weekly D169 (Cite eel 703 So.2d 1076) any part of that person's earnings derived from There is a temptation in cases such as this to inquire prostriet which, the pot or the Kau°, trIMtruetrwith—thr darker hue. Indeed that may ultimately be the ques- The employees resist discovery of thdir past prosti- tion uppermost in the jurors' minds. But the Issue tution or their past or present earning experience on presently before us Is simply whether the pot, in or- the basis of subparagraph 5 of section 796.09: der to establish the parties' comparative complex- ;5) It does not constitute a defense to a complaint ion, may discover the historical condition and the under this section that inherent characteristics of the kettle. a) The plaintiff was paid or otherwise compensated We am here involved with parties that the limited for acts of prostitution; record before us indicates were co-conspirators in a joint effort to violate Florida's laws against prosti- b) The plaintiff engaged in acts of prostitution pri- tution. The defendant are the owner/operators of a or to any involvement with the defendant "social club" whose primary service is prostitution; the plaintiffs am employees of tire club who But the question before us is not whether prior acts provide such services. The employees are cuing the of prostitution (or the receipts of earnings there- owner/operators for, among other counts, taking ad- from) which might be revealed by answering the in- vantage of their vulnerabilities ("coercing" them to terrogatories could be used as a detente to the com- exploita- be prostitutes) through manipulation and plaint, but rather whether evidence of such conduct tion. In order to prepare a defense to the action, de- or such earnings would be relevant in determining fendants have flied certain interrogatories for the whether the employees were, in fact, !'coerced" into employees to answer. These interrogatories$1080 prostitution, into remaining prostitutes, or Into shar- request such information as how long the employ- ing the proceeds of their services with defendants. em- ees have been engaged in prostitution; how the The relevancy of this information' depends, of con- ployees have bean affected by the defendants' course, on what constitutes coercion. duct; copies of photographs, movies, and video- sexu- tapes in which the employees have performed if we apply the definition of "coercion" which Is al acts or simulated sexual acts; the names of previ-a commonly accepted, then the relevancy of the re- ous employers and previous rates of pay; and quested information is apparent and this appeal has nts. statement of income received from defenda no merit at all. Webster defines "coercion" as: (1) ob- These interrogatories survived the employees' to restrain or dominate by force, (2). to compel an jections. I agree certiora ri should be denied. or tiring about by act or choice, or (3) to enforce on force or threat. In sexual battery cases, the legis- The employees' primary cause of action is based lature has adopted the common moaning of the 1), Florida Statutes , which provides: section 796.09( word "coercion" and has even placed limits on it. It has provided that consent will not be recognized if (1) A person has a cause of action for compensatory submission Is coerced by threats Drifters° or viol- and punitive damages against ence if the victim reasonably believes the perpetrat- - or has the present ability to exciting, the threat), " ;a) A person who coerces that person into prostitu Consent also will not be recognized if submission is tion; coerced by a threat of retaliation against the victim in or another If the victim reasonably believes that the ,1b) A person who coerces that person to remain perpetrator has the ability to execute the threat in prostitution, or the future.loz And in sexual battery. cases, the le- gislature hos vitiated what might otherwise be con- ',e) A person who uses coercion to collect or receive Oov. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US prft-TiTIvILE&ifm—NotSeteimt... 3/26/2009 http://web2.westlaw.com/print/printstrearn.aspx7sv=Split& EFTA01070511 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 26 of 46 Page 6 of 8 Document 54-3 Entered on FLSD Docket 04/02/2009 Page 6 of 8 Case 9:08-cv-80811-KAM Page 6 703 So.2d 1076 703 So.2d 1076, 22 Fla. L, 'iVeokly D2375, 23 Fla. L. Weekly 0169 (ate ass 703 So.2d 1076) ,11) Promise of greater financial rewards! sidered as consensual If one exploits a known phys- 3) Promise of marriage. or her goal or takes advantage of one who is phys- ically helpless or involuntarily intoxioateduc 10 Restraint of Speech or communications with Therefore, even in sexual battery cases, before co- others. ercion or exploitation will vitiate consent, the free will of the victim must be overcome by force or ) Exploitation of a condition of developmental threat or some unfortunate circumstance suffered disability, cognitive limitation, affeetiva disorder, by tire victim. or substance dependency. PHI. Section 794.011(4)(b), Florida Stat- :m) Exploitation of victimization by sexual abuse. utes. :n) Exploitation of pornographic performance. P142. Section 794.011(4)(c), Florida Stat- utes. ;o) Exploitation of human needs for' food, shelter, safety, or affection. PN3. Section 794.011(4)00,(d),00, and (I), Florida Statutes. The definition urged by the employees heroin is the "promise of a greater financial reward." Whether But then we get to the definition of "coercion" con- tained in section 796.09(3): the requested information is relevant r, the issue of what the legis- coercion in this case will depend on lature intended by subsection (1) in the meaning of ,13) As used in this section, Oro term "coercion" "coercion." means any practice of dominion, restraint, or In- ducement for the purpose of or with the reason- 1 agree with Judge Altenbernd's thoughtful analysis person ably foreseeable effect of causing another In State e Brigham, 694 So.2d 793 (19.97): to engage in or remain in prostitu tion or to relin- in. quish earnings derived from prostitution, and there can be no dispute that the legislature's unusu- but is not limited to: eludes, al definition of "percent" is not a; common dic- tionary definition. This is perhaps 'an appropriate a) Phys teal force or throats of physical force. ease in which to remind ourselves of Learned de- Band's famous observation that a "mature and :b) Physical or mental torture. veloped Jurispru dence" does not "make a fortress out of the dictionary." :c) Kidnapping. But even so, one would expect some nexus between "1081 (d) Blackmail. the commonly accepted meaning of a word and the definition of that word ascribed by the legislature. ;e) Extortion or claims of indebtedness. If, for example, the legislature defined "canine" as delin- including cats, although one might, Jurisprodon- 1) Threats of legal complaint or report of daily speaking, expect to hear a meow emanate quency. from a Great Dane, the courts should nevertheless closely examine the legislative history to sec if that ;g) Threat to interfere with parental rights or re- Is really what the legislature Intended. The court in sponsibilities, whether by judicial or administrat- Young v. O'Keefe, 246 Iowa 1182, 60 N.W2d 534, ive action or otherwise. 537 (1955), stated this principle as', follows: But 10 Promise of legal benefit. Works. O 2009 Thomson Reuters/West. No Claim to Orig. US Gov. Split&prft=H TMLE&ifm—NotSet&mt.„ 3/26/2009 http://web2.westlaw.eont/print/printsteam.aspx7sva EFTA01070512 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 27 of 46 Ae 7 of Document 54-3 Entered on FLSD Docket 04/02/2009 PVargo of 8 R Case 9:08--cv-80811-KAM Page 7 703 So.2d 1076 703 So.2e1 1076, 22 Pla. L. Weakly 132375, 23 Pia. L Weekly D169 (ate as: 703 So.2d 1076) of an opportunity to make a decision with the cou- before a definition is construed so as to expand the p of tr, t-rt Rut Rttlitertinn (I) can also muwhing u the intention of the legislature to that ef- mean *1082 that the promise of 'a greater reward is onym be clear." As Judge Campbell observed in coercion only If such promised reward is sufficient fect must to overcome one's natural revulsion to selling one's Carron v. Roger Bohn, D.C., P.A., 580 So.2d 814, body for money. If there is no such revulsion, there 818 (Fla. 2d DCA 1991): can be no coercion. Becoming a prostitute only be- cause one likes the hours and wages or "because it ft la our primary duty to give effect to legislative intent and, if a literal interpretation of a statute beats the heck out of working for a living" simply leads to unreasonable results, then wo should ex- should not rneet the test of section 796.99(1). ercise our power to interpret reason and logic to it. At oral argument herein, it was suggested without r*** r! oontradiction, that at least one of the employees has a college degree and gave up a weir-paying, legit- imate Job in order to engage in this profession for Unfortunately, it is apparent that in enacting this le- gislation, the legislature has, without redefining the greater reward. Section 796.09 doss not appear to be a general prostitute's relief act It is based on a the terms for the purposes of this legislation, of- report by the Gender Bias Study ComMission which ten used terms with commonly accepted mean- recommended the equalization of treatment in rela- ings for purposes at great variance from those tion to the prostitute, the client and the "pimp." It is commonly accepted meanings. based on the premise that prostitutes are generally victims of economic, physical, and • psychological In our case, the legislature did define the term for coercion and choose prostitution in order to sur- the purpose of the act. But because the term vive. Further, the Commission was concerned that (coercion) as so defined can be interpreted two 90 percent of the street prostitutes are controlled by ways-one consistent with the commonly accepted "pimps" who use a variety of coemlye methods to meaning and one at variance-we should not accept maintain control. It seems clear that the legislature the "antonym" unless such legislative intent is was not intending to depart from the Precepts of the clear. A free will decision, even if based on a hope commonly understood meaning of `!coercion" and de- of financial gain, is the opposite of a coerced to redefine it to include both free will decisions and cision. compelled decisions.. The interpretation urged by the employees seems at variance with the stated The employees urge that the mere promise of a goal of the legislature and the Gender Bias Com- greater reward brings them within the act. But if the mission. mere promise of a greater reward is sufficient to es- tablish coercion, then anyone who makes a volun- Since there is no cause of action prOvided for one tary end reasoned exercise of free will motivated by who makes a reasoned and voluntary exercise of the hope of economic gain has been coerced. This their free will to enter or continuo blithe profession definition removes the element of compulsion im- solely for financial rewards (assuming "coercion" is plicit in the commonly accepted meaning of coer- given the definition more consistent iwIth its com- fin- cion and substitutes therefor the mere desire for monly accepted meaning and assuming that my In- ancial gain. The employees herein assert that since terpretation of legislative intent is emirect), coercion they were offered "a greater financial reward" for becomes the critical issue in the trial of such action. providing the services performed by them through Tho interrogatories propounded by defendants ap- defendants establishment, they were coerced into pear relevant to the issue of coercion. their prostitution activities. This equates the giving Gov. Works. O 2009 Thomson ReetersfiVest. No Claim to Orig. US t&prft=HTWELE&ifm—NotSet&mt... 3/26/2009 http://web2.wastlaw.corn/print/printstscamaspx?sw-Spli EFTA01070513 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 28 of 46 e 8 of 8 Case 9:08-cv-80811-KAM Document 54-3 Entered on FLSD Docket 04/02/2009 Pm rage of B Page 703 So.2d 1076 703 So.2d 1076, 22 Fla. L. Weekly 132375, 23 Ha. Weekly 13169 (Cite as: 703 So.2d 1076) in the hospital) and which makes one who is a party This Is a case of first impression based one relat- .L. br pp Pll reit In the insInnt haRn Milli,/ of ively new statute, its unnttatil, legielaCyt. JAL a criminal act for entering into such an agree- ment") tory of the new law suggests that the statute is de- signed to assist those who were forced to enter We are not asked in this proceeding to rule on the prostitution in order to keep a roof over their heads admissibility of the discovered information as evid- or food on their table. It does not appear to be In- ence at the trial of this cause. We are to determine tended to aid those who voluntarily enter the pro- only if the information might lead to admissible fession in order to drive a Mercedes instead of a evidence. Even *1083 though we deity the Writ I Ford. The limited record before us indicates that suggest we certify the following question: even beginning employees of the defendants (those who do not have an established clientele) bring in DOES ONE, FREE FROM FORM, INTIMIDA- $700 a day end can keep 50% of their earnings. TION, OR DISADVANTAGEOUS CIRCUM- Based on a five-day work week, this would reflect STANCE, WHO MARES A REASONED DE- an income of $87,500 a year even with a two week CISION TO BECOME OR REMAIN A PROSTI- vacation. And the employees herein are not begin- TUTE( OR TO SHARE TUB PROCEEDS ners. THEREOF BECAUSE! OP A PROMISE OP A GREATER PD4ANCLAL REWARD HAVE A There is no indication that the legislature intended CAUSE OP ACTION UNDER SECTION to legalize prostitution or to make it a respectable 796.09(1), FLORIDA STATUTES/ • profession. It merely intended to place the prosti- tute on the tame tooting with the client and the "pimp." If a prostitute voluntarily makes the de- ON MOTIONS FOR REERARING, FOR CLAN, cision to participate, free from force, intimidation, FICAVON, FOR CER27FICATION, AND FOR REP is or disadvantageous circumstance, then he or she MARINO RN BANC as the other particip ants and on the same footing should be treated the same. W. SHARP, Judge. public Petitioners Bales and Shumate have, flied motions Although it might well serve a legitimate for rehearing, clarification and certification. We purpose to permit the cannibalistic demise of such deny the motions in full except for qna regard. We this enterprises (and I am not unsympathetic with delete the sentenc e in the last full paragra ph of the behind view), that does not appear to be the policy opinion which reads: "These other causes of action coer- the current statute. Therefore, in eases where carry no such protection from dist-only." (and this may or may not be cion is not present not one), the court should continue its tradition of Motion for Clarification GRANTED as stated ions interceding in civil conflicts involving transact abovr, Motion for Rehearing and Certification that are either Illegal or are against public policy. 884 DENIM See Wechsler v. Novak 157 plc. 703, 26 So.2d (1946); Thomas v. Rattner. 462 So.24 1157, 1160 1182 HARRIS and THOMPSON, D., cone*. (Fla. 3d DCA 1984), rev. dented 472 So.2d Fla.App. 5 Dlst.,1997. with (fla.1985) ("An action may Ile for Interference Bales V. R1121.0 ceable contrac t and even perhaps a void- an unenfor inter- 703 So.2d 1076, 22 Ha. L. Weekly D2375, 23 Fla. able contract. No such cause of action lies for L. Noddy D169 ference with a contract void as against public policy by a (another's representation of a client obtained END OP DOCUMENT ion cloctollavryer's illegal personal Minty solicitat US Gov. Works. © 2009 Thomson Reuters/West. No Claim to trig. —NotSoteina... 3/26/2009 hap://wob2.wostlaw.com/prInt/printstrcamaispx?sr-Split&prft-IITMLE&ifm EFTA01070514 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 29 of 46 • Document 54-4 Entered on ELSD pocket 04/02/2009 Page 1 of 2 Case 9:08-cv-80811-KAM • IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM DCACI I COUNTY, FLORIDA A.C., CASE NO. 502008CA025129)COO(MB Al • Plaintiff, v. E. EPSTEIN, and ail Defendants. COMPEL RESPONSES TO ORDER ON DEFENDANT EPSTEIN'S MOTION TO TIFF AND TO OVERRULE FIRST REQUEST TO PRODUCE TO PLAIN PENSEs; PLAINTIFF'S OBJECTIONS, & FO DEFENDANT'S,EX INCLUDING ATTO RNEY S' FEES dant Epstein's Motion To THIS CAUSE came before the Court on Defen ce To Plaintiff And To O'jrerruie Compel Responses To First Request To Produ ses, Including Attorneys! Fees Plaintiff's Objections, & For Defendant's Expen el and being fully advised in these and the Court having heard argument of couns premises, it Is hereby denied ORDERED and ADJUDGED that Defendants Motio a, 41 /7 4 eg lg •• n Is hereby grarited/ tsion‘L.L4 1 ,to 4 22. AA-) Ovnittae? 1 2r,SOMnae.... Lt asap Jabdim-td- to bk. Wave, urthouse, West Palm DONE AND ORDERED at Palnech Cou Beach, Florida, this 7,, day of Edward A. Iarrison Circuit Judge Copies furnished: ESCL, 515 North Gaoler DIM% Stifle 400, Won Palm Beach, ROBERT D. CRYTTON, JRL, E&Q, and MICHAEL J. PIKE, P. HILL, ESQ., Seamy Denney Soarola Barnhart & M. 33401; JACK SCAROLA, ESQ., AND JACK A. cra ptPA, 2139 Palm Beech Lakes li h Blvd., West Palm Beach, FL 33409, and JACK250 PA, One Clearlek e Centre, SuIte 1400, oas, ESQ., Atterbury Goldberger & Weiss, lel ty Australian Avenue South, West Palm Beach, FL 33401 EXHIBIT I EFTA01070515 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 30 of 46 — — •• Document 54-4 Entered on FLSD Docket 04/02/209 Page 2 of 2 3r Case 9:08-cv-80811-KAM IN THE COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN. AND FOR PALM BEACH COUNT , I • A.G., • CASE NO. 502008CA025129)0,0004E3 Al Rai*, • v. E. EPSTEIN, and Mit Defendants. COMPEL ANSWERS TO ORDER ON DEFENDANT EPSTEIN'S MOTION TO TIFF'S OBJECTIONS, & FOR INTERROGATORIES AND TO OVER RULE PLAIN SES; INCLU DING ATTO RNEY S' FEES DEPENDANT'S EXPEN Defendant Epstein's Motion To THIS CAUSE came before the Court on ie Plaintiff's Objections, .5 For Compel Answers To Interrogatories And To Ovenu and the Court having heard Defendant's Expenses, Including Attorneys' Fees, premises, It Is hereby argument of counsel and being fully advised In these Is hereby granted/ ORDERED and ADJUDGED that Defendant's Motion Stet •c .z. 1-k, 415, 12 iS 4.2 , flEver".242„ at-o L JOAtta.,29 eh dar. Courthouse, West Palm DONE AND ORDERED at Palm Beach Cougly Beach, Florida, this 23 day of fai award A. Garrison Circuit Judge Copies furnished: 61s North Finder Dam Guns 400, West Parm Beach, ROBERT D. CRITIC:N, JR., ESQ., end MICHAEL J. FEE, ESQ.. ESQ., Seamy Denney Scarola Barnhart & HILL, FL 33401; JACK SCAROLA, ESQ., AND JACK P. Shipley, P.A., 2139 Palm Beach Lakes Blvd., West Palm Beach, FL 33409, and1400, JACK A. 260 Goldber ger & Weiss, P.A., One Cleadak e Centre, Butte GOLDBERGER, ESQ., Atterbury Australian Avenue South, West Palm Beach, FL 33401 EFTA01070516 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page A1 of 46_ 1 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 1 of 14 / Case 9:08-cv-80811-KAM 1 COURT • IN THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 50 2008CA020614XXXgMB At JANE DOE II, vs. Plaintiff, COPY JEFFREY EPSTEIN and Defendants. • COURT REPORTER'S TRANSCRIPT OF PROCEEDINGS HAD BEFORE THE HONORABLE DIANA LEWIS DATE: March 3, 2009 PLACE: Palm Beach County Courthouse 205 N. Dixie Highway 1 West Palm Beach, Florida 3340 // U.S. Legal' Support EXHIBIT EFTA01070517 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 32 of 46 Document64-5 Entered on FLSD Docket 04/02/2009 Page 2 of 14 se 9:08-cv-80811-KAM 2 1 2 APPEARANCES: a GARCIA LAW FIRM, P.A. 4 224 Datura Avenue Suite 900 5 West Palm Beach, Florida 33401 Counsel for Plaintiff IRE 6 BY: ISIDRO M. GARCIA, ESQU 7 COLEMAN 8 BURMAN, CRITTON, LUTTIER & 515 N. Flagler Drive Suite 400 1 West Palm Beach, Florida 3340 10 Counsel for Defendant JR., ESQUIRE BY: ROBERT D. CRITTON, . 11 12 13 14 15 16 17 18 19 20 21 22 I 23 2C 25 EFTA01070518 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 33 of 46 • • • • Case 9:08-cv 80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 3 of 14 11 1 that but I'd just like to do that. 2 THE COURT: Right. And if you want tb contact the other ua ti saying, you not 4 I'm the one that's questioning whether or may have 5 these need to be before one judge. You colleagues who 6 a different perspective than your 7 are prosecuting some of the cases. 8 I understand the damages. I'm rot 9 saying consolidate. I'm saying transfer. . It's Everybody get that 10 not a consolidation issue. 1/ confused for some reason. The words are very and'how 12 different out of my mouth, your mouth 13 they're written. er at 14 So let me go ahead and take a gand I did read it last night. I'm not sure 15 this. s? 16 that we need to get -- we need name what some 17 MR. CRITTON: Right. Well, here's example L- if I 18 of the issues are is that, as an 19 could approach the bench. 20 THE COURT; Sure. 21 MR. CRITTON: This is some of the discovery 22 information that we've obtained through this. 23 from some of the -- from at least in Jana Doe. 24 instance, it would be this particular I take 25 THE COURT: You know who Jane Doe is U.S. Legal Support EFTA01070519 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 34 of 46 Case 9:08-cv 86811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 4 of 14 12 3. it? 2 MR. CRITTON: Right. 3 THE COURT: xoulalow w u Lhe Jane Die+ is? 4 MR. CRITTON: Yes, correct. And so this y and 5 particular lady has kept in part a diar some time 6 she -- which appears to have started but!some 7 this is not in any way significant -- file a B time after she learned that she could Oakwood 9 lawsuit. I think she's also been to could file 10 Center some time after she learned she Epstein. 11 a lawsuit and seek damages from Mr. 12 There's no history of this lady. Oakwood 13 beforehand other than. in some of the she started 7.4 records where she. was Saker Acted, x at'16, 15 drinking beer at -16, she started Xana s sexually 16 started marijuina at'15, that she' 17 active: a 18 So how she has interacted -- she has pain and 19 claim for emotional damages, mental How she's 20 anguish, psychiatric-type damages. the. events 21 interacted with friends, with family, interpersonal 22 'in her life, school, work, her s -- we'll 23 relationships both with men and let' individuals. 24 use an'example men here, but other Epstein, 25 She's saying that this event with Mr. U.S. Le al Su out'. EFTA01070520 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 35 of 46 Document 54-5 Entered on FLSD Docket 04/02/2009 Page 5 of 14 Case 9:O8•cv 80811-KAM 13 during 1 this sexual assault and whatever occurred ge. 2 these events is that -- has caused her dama d therefore damagoo in the code sunk' e 4 as the emotional, mental, psychiatric-typ ' 5 damages are completely subjective, I mean s !that 6 separate and apart from any medical bill tho these 7 may be -- which are clearly intangible. 8 are intangible damages. And the jury is greater 9 instructed, you know, you advise the 10 weight of the evidence, what's fair and 11 reasonable under the circumstances. this 12 So what we would have is basically her 13 young lady's testimony as to what she claims s are with 14 damages are and what the circumstance claims on 15 her situation with Mr. Epstein. She I'm dating 16 page 13, you know, I love this guy, 17 this guy Chris. On page 15 -- 19 THE COURT: Is this part of a diary for 19 treatment? I have no idea what it is. It 20 MR. CRITTON: overy. And 21 was just produced in response to disc this is 22 she apparently started in, I think Lyntenis' 23 December of '08. You know I took Jay I love her, 24 girl to the zoo, had an amazing day, I want a 25 i.e., the girl. We have so much fun. U.S. Le al Sue ort EFTA01070521 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 36 of 46 Document 54-5 Entered on FLSD Docket 04/02/2006 Page 6 of 14 Case 9:08-cv 80811-KAM 14 1 baby especially with him. Okay. So I know who 2 this person is. We are all so open together, I du wILl. .1 love him. III day and Lynn, whdL du I 4 Chris, who is another guy in her life. 5 All right. This is circumstances where rey Epstein 6 this young lady is saying, look, Jeff dpoint, 7 has ruined my life from a damage stan whom okay. Let me depose other individuals with turns 9 you've had a relationship. And what if 1..c did --'is they 10 out -- as with some of these girls or 11 had relationships or had escapades r men similar 12 circumstances with individuals, olde ein. 13 to Mr. Epstein well before Mr. Epst or 14 And this girl, I don't know onefway had a situation 15 the other, but let's assume she or raped, ' 16 where she was assaulted or molested emotional:and her 17 that all is going to affect her all fitbtor 16 mental pain and anguish and it will 19 into evaluating damages. I'm 20 You know, it's not something that to keep it, 21 going to spread around. I'm happy discbvery of 22 you know, within the confines of the 23 this case. But if she says every other ect but Jeff 24 relationship in my life has been perf has affected 25 Epstein has done this to me and it U.B. Legal Support EFTA01070522 Entered on FLSD Docket 07/20/2009 Page 37 of 46 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 04/02/2009 Page 7 of 14 Case 9:08-cv-80811-KAM Document 54-5 15 my sexual 1 my ability to trust men and men, which is part of 2 relationships with other nips, ukay, ley-a tolk 3 her interpersonal retations 4 to Sam Smith. ege 5 When does your client all THE COURT: • st enc ounter with • 6 that she had her fir 7 Mr. Epstein? MR.. GARCIA: At what age? THE COURT: Well, what year? 10 MR. CRITTON: June of '03. 11 MR. GARCIA: June of '03, Judge. '03 12 'MR. CRITTON: She claims from June o£ 13 through November of '04. believe 16at.the 14 MR. GARCIA: She was I 17. She was a minor 15 beginning and ended at 16 during all this time. years. 17 THE COURT: June of '03 to now is six Garcia. 18 Let me hear from Mr. e 19 MR. GARCIA:Judge, in the criminal cas Mr. Epstein, he would not 20 that was filed against and this type of discolflarY 21 have had a right to do -- 22 I -- if I could hand up 't care about:the 23 THE COURT: They wouldn 24 women. MR. GARCIA: Right. Well, I mean --; 25 U.S. Legal Su ort EFTA01070523 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 38 of 46 Entered on FLSD Docket 04/02/2009 Page 8 of 14 Case 9:08-cv-80811-KAM Document 54-5 16 THE COURT: This is damages. There'S no 2 they weren't seeking damages at the time.! 3 MR. GARCIA: Right. And we nave not.aiseged 4 in the complaint or in the answers to a 5 interrogatories that her ability to have 6 relationship with a man has been affectedby 7 Mr. Epstein's conduct. 8 We have alleged that she has been 4e have 9 hospitalized for depression, anxiety but only 10 not alleged any damages concerning -- the: were 11 reason this would be relevant is if we either 12 making a claim at her ability to have relations 13 sexual relations or to have emotional ce with 14 with men was effected by her experien 15 Mr. Epstein. e 16 So this damages' claim is just a smok 17 screen to attempt to get evidence to show:the ensual 18 jury that this woman has had other cons 19 relationships with young men that are characterize 20 approximately her age what I would ng to her 21 as a slut defense. She had it comi ily 22 because she engaged in other voluntar 23 consensual -- 24 THE COURT: Mr. Critton wouldn't try the . 25 slut defense in my courtroom, I'm sure U.S. Legal Support EFTA01070524 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 39 of 46 Document 54-5 • Entered on FLSD Docket 04/02/2009 Page 9 of 14 Case 9:08-cv-80811-KAM 17 1 MR. GARCIA: Maybe not, but certainit that's 2 the way this discovery is going. And, Judge, 3 what -- 4 THE COURT: What are the damages you think 5 your client is seeking? 6 MR. GARCIA: She is seeking emotional ety and distress damages for depression and anxi Center. she has been hospitalized at the Oakwood a friend 9 Her friend -- she was on the phone to she 10 who called the sheriff's office because 11 thought she was suicidal. The sheriffs 12 responded. They Baker Acted her that day:and Center. 13 they took her eventually to the Oakwood 14 THE COURT: How do we know it's not e other men 15 intertwined with her rejection by thre 16 since Mr. Epstein? 17 MR. GARCIA: Well, even if it was related to mean 1B her rejection by three other men -- you 19 other men's rejection of her? 20 THE COURT: Yeah. Well, how do you not know 21 that? I mean you can't do it until you do 22 discovery. Has anybody attempted to review the 's going on? 23 records from Oakwood to find out what 24 MR. CRITTON: It's like a one-time visit e's:some 25 when she was Baker Acted and then ther U.S. Legal Support EFTA01070525 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 40 of 4q.. Document 54-5 Entered on FLSD Docket 04/02/2009 Page 10 of 14 Case 9:08-cv-80811-KAM 18 1 other -- 2 THE COURT: She didn't receive treatment? s. 4 that day and she's been back a couple of time 5 She's on medication. Again, I don't know:what or are 6 the extent but she's got -- her medical bills ' 7 de minimis. 9 Again as an example, Judge, didlthe Court have an opportunity to look at the 9 case BecaUse to that I also attached to the motion? s.with 11 there's a case that's almost on all four h;is 12 this which I attached to our motion whic 13 called Belles versus Russo. 14 THE COURT: Right. 15 MR. CRITTON: It was a case where the ihe 16 plaintiff was sued -- the plaintiff sued . ` So 17 former owners of a house of prostitution there were 18 that part is different, but within it assault 19 a number of claims including a sexual liation 20 claim and they sought emotional pain, humi 21 and emotional distress. 22 Within the complaint that was filed in severe 23 this particular case, she is seeking liation, 24 emotional distress, mental anguish, humi tory 25 embarrassment, past and future, compensa U.B. Legal Su >ort EFTA01070526 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 41 of 46_, • Page 11 of 14 . Case 9:08-cv-80811-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 19 anguish, 1 humiliation, loss of reputation, mental 2 pain and suffering, the same type of damades. 3 Ana what: tht CuuLL acid 4 THE COURT: How old is she now? 5 MR. GARCIA: She's 21 no*. 6 MR. CRITT0N: She's 21 now. What the Court ght this 7 said is, you know, if you'd only brou es, it's not 8 claim under 796 evidence of past issu 9 an issue. You can't use this defense for , e other anything, but because you brought thes assault claims which include, you know, sexual r causes of and you're seeking damages for othe by discovery 13 action since the information sought discovery of 14 may be relevant or may lead to the the other 15 admissible evidence in one or more of damages, we 16 causes of action or determination of ed fr#a 17 cannot conclude the trial:court part ting'-- 18 essential requirements of law in gran s'not 19 THE COURT: So in other words, she' emotional 20 only seeking -- she's seeking current ship and 21 damage as a result of this relation prior 22 you're trying to find out if she had rtwined 23 relationships, that perhaps could be inte ein's -- 24 with it so that it's not just Mr. Epst ble is 25 MR. CRITTON: Right. A perfect exora U.S. Legal' Support EFTA01070527 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 42 of 46 Case 9:08-cv-80B11-KAM Document 54-5 Entered on FLSD Docket 04/02/2009 Page 12 of 14 20 1 one of the cases that I have is there's ECyoung 2 lady who claims that she was molested in the past and raped, pretty signiticant issues, welt in 4 advance of her even meeting with Mr. Epstein. 5 And they seem to play a large role in her' 6 psychiatric and psychological evaluation.: 7 We're going to come to the Court in a this case as we have others and ask for a: 9 psychological evaluation of this lady, and if she 10 was raped or if she was molested or just she had 11 a bad experience or some -- whether it we's a 12 young or old man assaulted her in some fabhion, 13 that may play a role in her damages and what -- 14 THE COURT: What I'm going to allow for 15 discovery purposes only not necessarily getting 16 it in at the time trial are two years before her 17 first encounter with Mr. Epstein and anything 19 subsequent. 19 MR. GARCIA: Judge, I just wanted to!say on 20 the record because I forgot to mention it., 21 there's also -- I did state an objection to the 22 identity of people that are unrepresented' in this 23 courtroom. They have rights too. So what I -- ; 24 THE COURT: Well, my suggesti on is that you 25 send thoee people a letter and tell them that U.S. Legal Support EFTA01070528 Document 207-4 Entered on FLSD Docket 07/20/2009 Page 43 of 46 Case 9:08-cv-80119-KAM ._ . . Entered on FLSD Docket 04/02/2003 Page 13 of 14 Case 9:08-cv-80811-KAM Document 54-5 21 a you're going to disclose them and if they have re 2 problem with it that they come to see me befo 3 you disclose lt. 4 So I'm going to give you 20 days to 5 respond to this rather than the usual five and on 6 that will give you time to put these people and 7 notice and if they want to come visit with me B have a John Doe, I'll have a John Doe heaking g it. but, you know, this is her case. She's doin tled 10 She's the one seeking damages, and he is enti to find 11 to be able to confront other individuals the 12 out information that may be relevant to . 13 damages she's seeking or she can drop the i 14 damages. That's her choice. If you seek d put 15 damages, you've got to do it -- if you coul far him 16 that in an order so that we have a time 17 to do this. up 18 Just fill out an order, hand it back 19 to me and I'll deal with it. 20 (The proceedings were concluded1) 21 22 23 24 25 mI iimali U.S. rt EFTA01070529 Case 9:08-cv-80119-KAM Document 207-4 Entered on FLSD Docket 07/20/2009 Page 44 of 46 Case 9:08-cv-80811-KAM Document,54-5 Entered on FLSD Docket 04/02/2009 Page 14 of 14 22 1 REPORTER'S CERTIFICATE 2 THE STATE OF FLORTDA. 3 COUNTY OF PALM BEACH. 4 5 I, Teresa Bell, Court Reporter, certify that 6 I was authorized to and did stenographically report 7 the foregoing proceedings and that the transcript is a 8 true and complete record of my stenographic notes. 9 I further certify that the proceedings were 10 taken at the time and place shown herein and that all 11 counsel and persons as hereinabove shown were present. •I 12 I further certify that I am not a relative, 13 employee, attorney or counsel of any of the patties, 14 nor am I a relative or employee of any of the parties' 15 attorney or counsel connected with the action, nor am 16 I financially interested in the action. 17 Dated this 11th day 18 TERESIf BELL, 19 Court Reporter 20 21 22 23 24 25 U.S. Legal Support EFTA01070530 Case 9:08-cv-80119-KAM Document 207 Entered on FLSD Docket 07/20/2009 Page 8 of 9 and Gloria C. Hakkarainen, M.D. until such time as the Court decides whether the statutory damages pursuant to 18 U.S.C. §2255 are available to a victim of an enumerated sexual offense on a per incident basis. CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1 Counsel for the movant conferred via telephone with counsel for the Defendant and counsel for the Defendant is not in agreement with Plaintiff's Motion For Protective Order Regarding Treatment Records From the Parent-Child Center, Inc., Dr. Serge Thys, Dominique Hyppolite/School District of Palm Beach County, Good Samaritan Hospital, St. Mary's Hospital, Florida Atlantic University and Gloria C. Hakkarainen, M.D. and Incorporated Memorandum of Law. /s/ Jack P. Hill CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 20th day of July, 2009, I electronically filed the foregoing with the Clerk of the Court by using CM/ECF system, which will send a notice of electronic filing to all counsel of record on the attached service list. /s/ lank P Hill Jack Scarola Florida Bar No.: 169440 Jack P. Hill Florida Bar No.: 0547808 Searcy Denney Scarola Bamhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach. 409 Phone: Fax: Attorneys for Plaintiff 8 EFTA01070531 Case 9:08-cv-80119-KAM Document 207 Entered on FLSD Docket 07/20/2009 Page 9 of 9 COUNSEL LIST Richard H. Willits, Esquire Richard H. Willits, P.A. 2290 10th Avenue North, Suite 404 Lake Worth, FL 33461 Phone: Fax: Robert Critton, Esquire Burman Critton Luttier & Coleman LLP 515 North Flagler Drive, Suite 400 West Palm Beach FL 33414 Phone: Fax: Jack A. Goldberger, Esquire Atterbury, Goldberger & Weiss, P.A. 250 Australian Avenue South West Palm Beach FL 33401 Phone: Bruce E. Reinhart, Esquire Bruce E. Reinhart, P.A. 250 South Australian Avenue Suite 1400 West Palm B h F 3401 Phone: Fax: 9 EFTA01070532