EFTA01076650

Page 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO: 08-CV-80119-MARRA/JOHNSON JANE DOE NO. 2, Plaintiff, vs. JEFFREY EPSTEIN, Defendant. Related Cases: 08-80232, 08-80380,08-80381,08-80994, 08-80993, 08-80811,08-80893,09-80469, 09-80591,09-80656,09-80802,09-81092. VIDEOTAPED DEPOSITION OF JEFFREY EDWARD EPSTEIN VOLUME (Pages 1 - 189) Monday, March 8, 2010 301 Clematis Street Suite 3000 West Palm Beach, Florida 33401 10:05 III. - 6:17 III. Reported By: Vicki L. Lima, Court Reporter Notary Public, State of Florida Universal Legal Re orting Phone - Job #92076-A UNIVERSAL COURT REPORTING MI) EFTA01076650 Page 2 Page 4 1 1 PROCEEDINGS 2 APPEARANCES.. 2 --- 4 On Wolf of die PhootIffs. heti Doe 2 through 8: ADAM MORONS= ESQUIRE 3 Videotaped deposition taken before Vicki L. Lima, Court 5 JESSICA D. ARBOUR. ESQUIRE a 4 Reporter, and Notary Public in and for the State of MERMELSTEN & HOROWITZ IM 6 18205 Dian Boulewd 5 Florida at Large, in the above cause. Seam 2218 6 7 Mimi, Flalda 33160 8 On behalf of de Plamtifts, Jane Doc 7 THE VIDEOGRAPHER: We are now on the record. BRAD EDWARDS. ESQUIRE 9 FANNER. JAFFE, MISSING. 8 This is the videotaped deposition of Jeffrey EDWARDS. P15105 & LEHRMAN.. 9 Epstein, taken in the matter of Jane Doe Number 2 10 425 Noah Andrews Avenue Suite 2 10 vs. Jeffrey Epstein, Case Number 08-CV-80119. 11 Fort Lauderdale. Florida 33301 11 We are here at 301 Clematis Street, Suite 3000, 12 On lx&Hofelio Phis011. Jane Deo 103: KATHERINE W. EZELL, ESQUIRE 12 West Palm Beach, Florida 33401. It is Monday, 13 PODHURST ORSECK City &sliced Bak Baling 13 Match 8th, 2010. The time is 10:05. The court 14 25 Wo41 Them &ma 14 reporter is Vicki Lima. The videographer is Alex Suite $00 IS Mimi. Florida 33130 15 Ayala. 16 On behalf of the Defendam and Wieneem 16 Will counsel please introduce themselves? MICHAEL I PIKE. ESQUIRE 17 BURMAN. CROTON, LUTHER & COLEMAN 17 MR. HOROWITZ: Sure. My name is Adam Horowitz 303 Dawn Boiderard 18 SIliN 400 18 from Mermeistein & Horowitz, counsel for Plaintiffs West Palm Beath Florida 33401 19 Jane Doe 2 through 8. And Just for record 19 JACK & GOLDBERGER, ESQUIRE 20 purpOses, the deposition is taken -- being taken in 20 ATTERBURY. GOLDBERGER & WEISS. 21 those cases as well. One Cleadoke Cute 21 250 Australian Ammue Smith 22 MR. PIKE: Please introduce yourself. Suite 1400 22 West Palm Beath. Florida 33401 23 MS. ARBOUR: Jessica Arbour, Mermelstein & 23 24 Horowitz. 24 ALSO PRESENT: 25 Ake Ayala. VideograpSer 25 MR. EDWARDS: Brad Edwards. 1represent Jane Page 3 Page 5 1 1 Doe. It's also been cross-noticed in that case as 2 VOLUME I 2 well, but I think it's styled in the Jane Doe 2 (Pages 1 -189) 3 case. 4 MS. EZELL: Katherine Ezell. I represent Jane 4 5 Doe 103. EXAMINATION INDEX 5 6 MR. PIKE: Michael Pike on behalf of Jeffrey O 7 Epstein. JEFFREY EDWARD EPSTEIN 8 THE VIDEOGRAPHER: Will the court reporter 7 DIRECT BY MR. HOROWITZ 5 9 please swear in the witness? 8 10 THE REPORTER: Raise your right hand, please. 9 11 10 12 THEREUPON: 11 12 13 JEFFREY EDWARD EPSTEIN 13 14 having been first duly sworn or affirmed, was examined 14 15 and testified as follows: 15 16 THE WITNESS: Yes, mat 16 NO EXHIBITS MARKED 17 DIRECT EXAMINATION 17 • 18 BY MR. HOROWITZ: 18 19 Q Please tell us your full name? 19 20 A Jeffrey Edward Epstein. 20 21 Q And is your date of birth January 20, 1953? 2/ 22 22 A Yes. 23 23 Q Okay. And I guess that makes you 57 years old 24 24 at the present time? 25 25 A Correct. 2 (Pages 2 to 5) UNIVERSAL COURT REPORTING ( ) EFTA01076651 Page 6 Page 8 1 Q And you are, sir, a registered sex offender in 1 THE WITNESS: I don't remember. 2 the State ofFlorida? 2 BY MR. HOROWITZ: 3 A Correct. 3 Q Is it the address that you reside in? 4 Q Okay. How long have you been a sex offender in 4 MR. PIKE: Form. 5 the State of Florida? 5 THE WITNESS: On advice of counsel, I am going 6 MR. PIKE: Foam 6 to assert my Fifth Amendment Right. 7 THE WITNESS: I registered on — in, I believe, 7 BY MR. HOROWITZ: 8 18, July of '08. 8 Q Okay. Did you review any documents in 9 BY MR. HOROWITZ: preparation for today's deposition? 10 Q Okay. Are you married? 10 A No. 11 A No. 11 Q Okay. Did you meet with your attorneys 12 Q Have you ever been married? 12 concerning this deposition at any time before it 13 A No. 13 started? 14 Q Are you engaged? 14 A At any time I've over the past couple of 15 A No. 15 months, but not specifically with this deposition. 16 Q Have you ever been engaged? 16 Q Okay. I'm asking about — concerning this 17 MR. PIKE: Form. 17 deposition? 18 THE WITNESS: On advice of counsel, I'm going 18 A No. 19 to assert my Fifth Amendment Right as to that. 19 Q Okay. In June of 2008, you pled guilty to two 20 BY MR. HOROWITZ: 20 felonies; is that correct? 21 Q Are you suffering from any physical illness or 21 A Correct. 22 injury today that would prevent you from sitting for a 22 Q Okay. One of those felonies involved procuring 23 full day of deposition? 23 a person under the age of 18 for prostitution, correct? 24 A No. 24 A Yes. 25 Q Your hearing is okay? 25 Q You pled guilty to that charge, correct? Page 7 Page 9 1 A %/hats that? Yes. 1 A That's correct. 2 Q Okay. No back or neck pain at the present 2 Q Okay. And you were represented by legal 3 time? 3 counsel at the time of your plea? 4 A No. 4 A That's correct 5 Q Do you have a girlfriend at the present time? 5 Q Okay. In that particular charge the person 6 MR. PIKE: Form. 6 under the age of 18 who you allegedly procured for 7 THE WITNESS: On advice of counsel, fm going 7 prostitution, was a female, correct? 8 to assert my Fifth Amendment Right 8 A On advice of cowisel, I am going to have to 9 BY MR HOROWITZ: 9 assert my Fifth Amendment, Sixth Amendment and 10 Q Do you have a driver's license in any state? 10 Fourteenth Amendment Right. 11 A Yes. 11 Q In June of 2008, you also pled guilty to a 12 Q In what state? 12 felony charge of solicitation of a prostitute, correct? 13 A The United States Virgin Islands. 13 A No, solicitation of prostitution, correct. 14 Q Okay. How long have you had a driver's license 14 Q Okay. And to make sure we're on the same page, 15 in the Virgin Islands? 15 in June of 2008, you pled guilty to a felony of 16 A I believe twelve years. 16 solicitation of prostitution, correct? 17 Q Okay. Have you ever had a driver's license in 17 A Yes. 18 the State of Florida? 18 Q Okay. And you were represented by counsel at 19 A Yes, sir. 19 the time of that guilty plea as well? 20 Q Okay. And during what years did you have a 20 A Yes, sir. 21 driver's license in the State of Florida? 21 Q Okay. And you were sentenced in Palm Beach 22 A I don't remember. 22 County for both of those felonies, correct? 23 Q Okay. What address appears on your driver's 23 A That's correct 24 license in the Virgin Islands? 24 Q Okay. You actually served your time in Palm 25 MR. PIKE: Form. 25 Beach County? 3 (Pages 6 to 9) UNIVERSAL COURT REPORTING EFTA01076652 Page 10 Page 12 1 A That's correct. 1 Q Do you tell any departments of the State of 2 Q Okay. And at the time of your sentence, did 2 Florida what vessels or vehicles you own as part of your 3 the Judge advise you as to what your sentence would be? 3 sex offender registration? 4 A I believe so. 4 A My sex offender registration will speak for 5 Q You were there when the Judge entered the 5 itself, but I believe so. I don't remember. 6 sentence? 6 Q Okay. What vehicles or vessels do you inform 7 MR. PIKE: Font 7 the State of Florida that you own or have an interest in 8 THE WITNESS: Yes. 8 as part of your sex offender registry? 9 BY MR. HOROWITZ: 9 MR. PIKE: Fonn, same objection. 10 Q Okay. Your sentence included jail time; is 10 THE WITNESS: I don't recall. 11 that right? 11 THE REPORTER: What did you say? 12 A That's correct. 12 THE WITNESS: I don't recall. 13 Q Okay. And the sentence you received was twelve 13 BY MR. HOROWITZ: 14 months, followed by six months; is that correct? 14 Q If you know, are there locations that you 15 A I believe so. 15 cannot live in because of your status as a sex 16 Q 1.1h-huh. And was it at — as part of that 16 offender? 17 sentence, that you were designated as a sex offender? 17 A I believe I — 18 MR. PIKE: Fonn. 18 MR. PIKE: Form. 19 THE WITNESS: Asa result of that sentence. 19 THE WITNESS: — I believe I can livc in any 20 BY MR. HOROWITZ: 20 location. 21 Q You were designated as a sex offender? 21 BY MR. HOROWITZ: 22 A That's correct. 22 Q Any location? 23 Q Okay. So that would have been that June/July 23 A Yes, sir. 24 2008 time frame? 24 Q If you know, are there places you cannot work 25 A I believe so. 25 because of your status as a sex offender? Page 11 Page 1 Q Okay. Do you register your home address as 1 MR. PIKE: Form. 2 part of your sex offender designation? 2 THE WITNESS: I don't believe so. 3 MR. PIKE: Form. 3 BY MR. HOROWITZ: 4 THE WITNESS: I believe so. 4 Q If you know, are there people that you cannot 5 BY MR- HOROWITZ: 5 come into contact with because of your status as a sex 6 Q Okay. What address do you provide as your home 6 offender? 7 address as part of your sex offender registration? 7 8 3 MR. PIKE: Form. THE VMNESS: On advice of counsel, I will have 8 9 MR. PIKE:. Form. THE WITNESS: I do not know. BY MR. HOROWITZ: I 10 to assert my Fifth Amendment, Sixth Amendment and 10 Q Okay. Since being sentenced — strike that 11 Fourteenth Amendment Right. 11 As part of your sentence, are you forbidden 12 BY MR. HOROWITZ: 12 from having sexual contact with minors? 13 Q Okay. Do you tell the State of Florida where 13 MR. PIKE: Form, argumentative. 14 you live as part of your sex offender registration? 14 THE WITNESS: I'm sorry? 15 A Do I tell the State of Florida? 15 BY MR. HOROWITZ: 16 Q My department within the State of Florida 16 Q As part of your sentence, are you forbidden 17 where you live as part of your sex offender 17 front having sexual contact with minors? 18 registration? 18 MR. PIKE: Same objection. 19 A I believe so. 19 THE WITNESS: I don't know I believe that 20 Q What address do you tell them that you live in? 20 sexual contact with minors is against the law, so I 21 MR. PIKE: Form, same objection. 21 would assume so. 22 THE WITNESS: And I am going to assert my Fifth 22 BY MR. HOROWITZ: 23 Amendment, Sixth Amendment and Fourteenth Amendment 23 Q Okay. As part of registering as a sex 24 Rights. 24 offender, do you have to provide the State of Florida 25 BY MR. HOROWITZ: 25 with your business address? A.,ra..,...b.)•05e• -•••••••••• 4 (Pages 10 to 13) UNIVERSAL COURT REPORTING ) EFTA01076653 Page 14 Page 16 1 A Yes, I believe so. 1 THE WITNESS: That's correct. 2 Q Okay. And what business address do you provide 2 BY MR. HOROWITZ: 3 the State ofFlorida -- 3 Q Are you still under community control? 4 MR. PIKE: Form. 4 A Yes, sir. 5 BY MR. HOROWITZ: 5 Q Okay. When does that end? 6 Q — as part of your registry with the -- as a 6 A JWy 21st — 7 sex offender? 7 Q 2010? 8 THE WITNESS: On advice of counsel, I am going 8 A July 10 — yes, 2010. 9 to assert my Fifth Amendment, Fourteen Amendment 9 Q July 21st, 2010, your conummity control 10 and Sixth Amendment Right. 10 ceases? 11 BY MR. HOROWITZ: 11 A That's correct. 12 13 Q How many vehicles do you tell the State of Florida that you own as part ofyour registration as a 12 13 Q Okay. Do you have a community control officer? 1 14 sex offender? 14 A Yes, sir. 15 A I don't know. I -- I don't know. I don't 15 Q What is his or her name? 16 recall. 16 A Miss Elkins, Officer Elkins. 17 Q With respect to those matters that you -- you 17 Q How often do you see Miss Elkins in person? 18 do know that you provide to the State of Florida -- 18 A At least twice a week. 19 A Yes. 19 Q Okay. How much time do you spend with Miss I 20 Q — who provides that information, meaning you 20 Elkins when you see her? 21 or someone on your behalf? 21 A It varies — 22 MR. PIKE: Form. 22 Q And — 23 THE WITNESS: 1do. 23 A — up to an hour each time. 24 BY MR. HOROWITZ: 24 Q Okay. And the typical occasion which you come 25 Q Okay. And where do you send in that 25 face-to-face with Miss Elkins, what -- what — what do Page 15 Page 17 1 information? 1 you do? 2 A Its done at the Stockade In Palm Beach County. 2 MR. PIKE: Form. 3 Q Okay. So since being released, you travel to 3 THE WITNESS: I talk to Miss Elkins. 4 the Stockade to provide that information? 4 BY MR. HOROWITZ: 5 A On advice ofcounsel, I am going to assert my 5 Q What do you talk about? 6 Fifth Amendment Fourteen Amendment and Sixth Amendment 6 A lf there's — my schedule. 1— I prepare a 7 Right. 7 schedule for Miss Elkins. THE VIDEOGRAPHER: Sorry to interrupt. 1 need 8 Q Okay. A written schedule? 9 to go off the record fora second because of 9 A Yes, sir. 10 sound. 10 Q Okay. And you do that every week, or twice a 11 MR. HOROWITZ: All right. 11 week? 12 THE VIDEOORAPHER: Time off the record 10:14. 12 A Every week. 13 (Thereupon, a short break was taken.) 13 Q Okay. When was the last time you provided Miss 14 THE VIDEOGRAPHER: lime on the record 10:15. 14 Elkins with a copy of your schedule? 15 BY MR. HOROWITZ: 15 A Last Monday. 16 Q Sir, as part of your sentence in 2008, you also 16 Q Okay. What is Miss Elkins' first name? 17 had to provide a DNA sample to the court; is that 17 A I don't know. 18 correct? 18 Q Okay. And so do you drive or get driven to the 19 MR. PIKE: Form. 19 Stockade to see Miss Elkins? 20 THE WITNESS: That's correct. 20 A Yes. 21 BY MR. HOROWITZ: 21 Q Okay. And has that been true since you were 22 Q And per the =twice in the summer of 2008, you 22 released from jail? 23 were to be under community control after your time in 23 MR. PIKE: Form. 24 Jail: is that correct? 24 THE WITNESS: No. 25 MR. PIKE: Form. 25 BY MR. HOROWITZ: 5 (Pages 14 to 17) UNIVERSAL COURT REPORTING EFTA01076654 Page 18 Page 20 1 Q Okay. For how long have you been seeing Miss 1 BY MR. HOROWITZ: 2 Elkins one to two times per week? 2 Q Okay. Is anyone within earshot such that they 3 A Miss Elkins was -- had replaced my former 3 can hear your conversation? 4 probation officer, which is Carmine Sloan (phonetic), 4 A I don't know. 5 about a month ago. 5 Q Okay. Do you travel to go see Miss Elkins or 6 Q Okay. Did you have a — another probation 6 Miss Sloan with anybody else? 7 officer before Carmine Sloan? 7 MR. PIKE: Form. 8 A No, sir. 8 THE WITNESS: On advice of counsel. I am going 9 Q Okay. And when Carmine Sloan was your 9 to assert my Fifth Amendment, Sixth Amendment and 10 probation officer, were you also seeing -- were you 10 Fourteenth Amendment Right. 11 seeing him one to two times a week? 11 BY MR. HOROWITZ: 12 A It's her, but yes. 12 Q Other than the probation officer, whether it be 13 Q Okay. And were you providing Miss Sloan with a 13 Miss Sloan or Miss Elkins, is there anyone else from 14 -- a written schedule? 14 their office that is present when you meet with them? 15 A Yes. 15 MR. GOLDBERGER: From their office, did you 16 Q Okay. Other than providing Miss Sloan with a 16 say? 17 written schedule, what else -- what else do you talk 17 MR. HOROWITZ: Yes. 18 about? 18 THE WITNESS: Maybe a couple of times, maybe 19 A Just my daily activities. 19 another probation officer. 20 Q Well, what do you tell her about your daily 20 BY MR. HOROWITZ: 21 activities? 21 Q Okay. And who is that? 22 A Where I will be. Just my schedule. Where I 22 A I don't know. 23 will be. 23 Q Is there anything else, other than your written 24 Q Okay. Is that the subject matter each time 24 schedule, that you provide to Miss Elkins or Miss Sloan 25 that you go see ha? 25 during the course of your community control? Page 19 Page 21 1 A Basically, yes. 1 A Not that I can recalL 2 Q And that takes up to an hour? 2 Q Okay. What sort of things would we find on 3 A Yes. 3 that schedule? 4 Q Okay. Anything else that you talk about other 4 MR. PIKE: Form. 5 than your schedule with either Miss Sloan or your — 5 THE WITNESS: Where I intend to be. 0 your current -- Miss Elkins? 6 BY MR. HOROWITZ: 7 A Not that I can recall. 7 Q Okay. So it would have a physical location -- 8 Q And it takes an hour approximately to talk 8 MR. PIKE: Fonn. 9 about your schedule? BY MR. HOROWITZ: 10 MR. PIKE: Asked and answered. 10 Q — such as "office," or would it say an 11 THE WITNESS: Up to an hour. 11 address? 12 BY MR. HOROWITZ: 12 A It just might say "office." It might say an 13 Q Up to an hour? 13 address. 14 A Yes. 14 Q Okay. What addresses do you provide Miss Sloan 15 Q Up to an hour? 15 or Miss Elkins as your address when you are providing 16 A Yes. 16 your written schedule? • 17 Q Okay. Is anyone else with you when you meet -- 17 MR. PIKE: Form. 18 when you met with Miss Elkins or Miss Sloan? 18 MR. GOLDBERGER: Form. 19 MR. PIKE: Form. 19 THE WITNESS: On advice of counsel, I am going 20 THE WITNESS: Which time? 20 to have to assert my Fifth Amendment, Sixth 21 BY MR. HOROWITZ: 21 Amendment and Fourteenth Amendment Right. 22 Q Typically. It — do you go alone? 22 BY MR. HOROWITZ: 23 A It's — ifs — it's in the office. 23 Q Other than telling Miss Elkins and Miss Sloan 24 MR. PIKE: Same objection. 24 that you're at the office, where else do you tell them 25 THE WITNESS: It's at the probation office. 25 that you will be? ."..2.421.47:4 ••••• ,,, •UL 6 (Pages 18 to 21) UNIVERSAL COURT REPORTING EFTA01076655 Page 22 Page 24 1 MR. PIKE: Same objection. 1 THE WITNESS: I'm sorry, I don't understand the 2 THE WITNESS: I am going to Inge to assert my 2 question. 3 Fifth Amendment, Fourteenth Amendment and Sixth 3 BY MR. HOROWITZ: 4 Amendment Right. 4 Q Sure. At the time of your sentence -- we 5 BY MR. HOROWITZ: 5 talked about that a few times already, that was in 6 Q Does the schedule — written schedule that you 6 June/July of 2008? 7 provide to Miss Elkins and Miss Sloan simply say a 7 A Uh-huh. 8 location, or do you also describe your activities? 8 or.? My question is: Isn't it true you were ordered 9 A Just the location. 9 at that time to have no contact, direct or indirect. 10 Q Okay. Other than "office," what other 10 with various girls? 11 locations do you from time to time provide to Miss 11 MR. PIKE: Objection. 12 Elkins or Miss Sloan? 12 THE WITNESS: I don't recall. 13 MR. PIKE: Form. 13 BY MR. HOROWITZ*. 14 THE WITNESS: I'm going -- I am going to, on 14 Q Do you know — 15 advice of counsel, assert my Fifth Amendment, Sixth 15 A I don't recall. 16 Amendment and Fourteenth Amendment Right. 16 Q Do you know whether the Judge announced that in 17 BY MR. HOROWITZ: 17 Court to you on the date ofyour sentence? 18 Q Okay. Does your community control officer - 18 A I don't recall. 19 is that — is that the correct term, "community control 19 Q Do you recall a document saying that you were 20 officer? 20 directed to have no contact, direct or indirect, with 21 MR. PIKE: Form. 21 various girls as part of your criminal sentence? 22 THE WITNESS: I believe so. 22 MR. PIKE: Form. 23 BY MR. HOROWITZ: 23 THE WITNESS: I believe that was much later. 24 Q Okay. Does your community control officer ever 24 BY MR. HOROWITZ: 25 make unannounced visits to your home? 25 Q Okay. At some point — that happened later? Page 23 Page 25 1 A Yes. 1 A That's correct. 2 Q Well, where do they travel to to see you? 2 Q Okay. What do you understand to be the terms 3 MR. PIKE: Form. 3 of this no-contact order that you believe you were 4 THE WITNESS: On advice of counsel, lam going 4 provided at a later date? 5 to assert my Fifth Amendment, Sixth Amendment and 5 MR. PIKE: Form. 6. Fourteenth Amendment Right. 6 MR. GOLDBERGER: If you know. 7 BY MR. HOROWITZ: 7 THE WITNESS: Just to have no affirmative 8 Q Okay. Other than your own office, are there 8 contact — 9 any other locations where you have met Miss Sloan or MR. GOLDBERGER: Be specific. 10 Miss Elkins to discuss your schedule? 10 THE WITNESS: -- with — with -- with three 11 A My probation office. 11 specific girls. 12 Q Other than the probation office, are there any 12 MR. HOROWITZ: Let me just nip this in the 13 other locations where you've met them? 13 bud. A witness — 14 A On advice of counsel, I am going to assert my 14 MR. GOLDBERGER: 1— lam just trying to help 15 Sixth Amendment, Fourteenth Amendment and Fifth 15 you along here. 16 Amendment Right. 16 MR. HOROWITZ: Okay. 17 BY MR. HOROWITZ: 17 MR. GOLDBERGER: No problem. You can you 18 Q Okay. Do you anticipate that you'll be seeing 18 can ask the questions, and it will take an hour 19 Miss Elkins one to two times per week until your 19 later. I'm trying to get you an answer that you 20 community control expires? 20 want 21 A Yes. 21 MR. HOROWITZ: I appreciate that. III — and 22 Q You were also ordered at the time of your 22 if I'm having a hard time, that's my problem. Not 23 sentence to have no contact, direct or indirect, with 23 yours. 24 various girls; is that correct? 24 MR. CiOLDBERGERI Okay. 25 MR. PIKE: Form, confusing. 25 MR. HOROWITZ: But what I was addressing was •Siaislat•P••••.661( 7 (Pages 22 to 25) UNIVERSAL COURT REPORTING ( ) EFTA01076656 Page 26 Page 28 not your assistance, but the fact that you're 1 MR. GOLDBERGER: And youll — you're free to 2 speaking up, and you're familiar with the local 2 seek whatever relief you want. 3 rules. 3 MR. PIKE: And — and let me — let me put 4 MR. PIKE: Yeah, let me — 4 something on the record, since you chose to do so. 5 MR. HOROWITZ: No, no, no. 5 One, this is — this proceeding has a quasi- 6 MR. PIKE: I know. I understand. 6 criminal component to it, and your questions today, 7 MR. HOROWITZ: No, no -- 7 Mr. Horowitz, are interjected in a manner in an 8 MR. PIKE: Listen, we have got a — we've got a 8 attempt to cause Mr. Epstein to waive his Fifth 9 long day ahead of us, so let's move along. 9 Amendment Right, along with his Sixth and his 10 MR. HOROWITZ: This is -- this is in the 10 Fourteenth which are incorporated therein. So the 11 interest of efficiency. 11 fact that Mr. Goldberger is here making sure that 12 MR. PIKE: Okay. Let's go. 12 his client and my mutual client maintain and 13 MR. HOROWITZ: Per witness, one attorney, okay? 13 preserve those privileges that are afforded under 14 I don't care who It is, but it can only be one of 14 the United States Constitution, he will continue to 15 you. 15 do that today, okay? 16 MR. GOLDBERGER: Okay. So here's the deal: I 16 Now, we're here to answer your questions. 17 represent Mr. Epstein on his criminal cases If I 17 We're here to move forward with the depo. We'd 18 feel it is important for me to interject on issues 18 like to do that. If you'd like to adjourn to take 19 relevant to his criminal case, I'll do so. 19 this up with the Court today, we could do that as 20 Mr. Pike has taken the — the lead role in 20 well, but it was — ifs your choice. 21 representing Mr. Epstein civilly. 21 MR. HOROWITZ: Okay. 22 MR. HOROWITZ: Well — 22 MR. PIKE: Okay? 23 MR. GOLDBERGER: if there are issues relevant 23 BY MR. HOROWITZ: 24 to the criminal case, I'm going interject. 24 Q One girl that you were ordered to have no 25 As far as your concern about what just occurred 25 contact with is Jane Doe 2, correct? Page 27 Page 29 now, I'm just hying to help you along. 1 MR. PIKE: Form. 2 MR. HOROWITZ: I appreciate that. 2 THE WITNESS: I don't know. 3 MR. GOLDBERGER: That's the only reason I did 3 BY MR. HOROWITZ: 4 it. 4 Q Another girl that you were ordered to have no 5 MR. HOROWITZ: MI right. I'm going to put 5 contact with is Jane Doe 4, correct? 6 this on the record again. The local rules provide 6 MR. PIKE: Form. 7 that in a deposition in a civil case one witness, 7 THE WITNESS: No, I don't — you — you've 8 one attorney who can object, period. It doesn't 8 asked me a question regarding a criminal case? 9 say if there is also a criminal case, two attorneys 9 MR. HOROWITZ: Correct. 10 can speak. So if Mr. Epstein wanted to hire an 10 THE WITNESS: So regarding my criminal case, I 11 attorney familiar with his criminal case for his 11 believe the answers to the both of those questions 12 civil case, he could have done so. If he didn't, 12 are no. 13 that was at his own peril. So I'm just going to 13 BY MR. HOROWITZ: 14 ask you to refrain, and I'm just going to put you 14 Q Okay. I have some more questions about your 15 on notice that if you -- if you interject an 15 criminal case. 16 objection — 16 A Okay. 17 MR. GOLDBERGER: Uh-hub. 17 Q Another girl that you were ordered to have no 18 MR. HOROWITZ: — I'll seek the relief from the 18 contact with as a result of your -- following your 19 Court, and that's -- that's it, but -- 19 sentence is Jane Doe 6; is that correct? 20 MR. GOLDBERGER: That's fine. And Pm going to 20 MR. PIKE: Form. 21 continue to do so, and if you want to adjourn at 21 THE WITNESS: I don't believe so. 22 this point, we can do that. But ifI think ifs an 22 BY MR. HOROWITZ: 23 issue relevant to my representation ofhim on a 23 Q Okay. And another girl that you were ordered 24 pending criminal case, I'm going to do so, okay? 24 to have no contact with as a result of your criminal 25 MR. HOROWITZ: Okay. 25 case is Jane Doe 7, correct? 8 (Pages 26 to 29) UNIVERSAL COURT REPORTING ( ) EFTA01076657 Page 30 Page 32 1 A 1don't believe so. 1 BY MR. HOROWITZ: 2 Q Okay. Another girl that you were ordered to 2 Q Okay. Have you made any affirmative attempt to 3 have no contact with is Jane Doe 5? 3 have no contact with Jane Doe 5, Jane Doe 8, Jane Doe 6, 4 MR. PIKE: Form. 4 Jane Doe 2, Jane Doe 3, Jane Doe 4 or Jane Doe 7? 5 THE WITNESS: As far as my criminal case, I MR. PIKE: Form, lack of predicate and 6 don't believe so. 6 foundation. 7 BY MR. HOROWITZ: 7 THE WITNESS: And on the advice of counsel, I 8 Q Okay. Another girl you were ordered to have no 8 am going to assert my Fifth Amendment, Sixth 9 contact with is Jane Doe 8, correct? 9 Amendment and Fourteenth Amendment Right 10 MR. PIKE: Form. 10 BY MR. HOROWITZ: 11 THE WITNESS: I'm sorry, who? 11 Q Have you at any time known the names of the 12 MR. HOROWITZ: Jane Doe 8. 12 girls that you were directed to have no contact with -- 13 THE WITNESS: I don't believe so. 13 MR. PIKE: Same objection. 14 BY MR. HOROWITZ: 14 BY MR. HOROWITZ: 15 Q Okay. Another girl you were ordered to have no 15 Q — in the criminal case? 16 contact with is Jane Doe 3, correct? 16 A Known the names? 17 MR. PIKE: Same objection. 17 Q Known, known. 18 THE WITNESS: I don't believe so. 18 A I was told that in fact some of your — the 19 BY MR. HOROWITZ: 19 cases that were filed against me by your firm, a firm 20 Q Okay. Are you smut of the names of any girls 20 whose partner was disbarred for his conduct, and in fact 21 who you were ordered to have no contact with as part of 21 Mr. Edwards sitting there with his firm who is called by 22 your criminal case? 22 the U.S. Attorney to be the largest fraud in South 23 MR. PIKE: Font 23 Florida's history — I believe these girls have always 24 THE WITNESS: On the advice ofcounsel, I am 24 been -- and I believe the ladies and gentlemen of the 25 going to assert my Fifth Amendment, Sixth Amendment 25 jury will eventually be aware that these girls have Page 31 Page 33 1 and Fourteenth Amendment Right. 1 filed the claim many years after they alleged and even 2 MR. HOROWITZ: Okay. I mentioned seven girls' 2 associated with firms whose partners have been disbarred 3 names. I'll just put them on the record so you 3 and is part one of his partners is currently in jail, 4 know what seven girls I'm talking about. 4 yes. 5 THE WITNESS: Okay. 5 Q Okay. Are you suggesting that a partner of 6 MR. HOROWITZ: Jane Doe 5, Jane Doe 8, Jane Doe 6 mine was disbarred? Is that your testimony? 7 6, Jane Doe 2, Jane Doe 3, Jane Doe 7. 7 MR. PIKE: Form. 8 BY MR. HOROWITZ: THE WITNESS: Yes, that's — I believe that's 9 Q Is it your testimony today that you were not 9 my understanding. 10 ordered as a result of a criminal case to have no 10 BY MR. HOROWITZ: 11 contact with them? 11 Q Okay. Are you suggesting that my clients 12 MR. PIKE: Form. 12 fabricated their claims against you after coming into 13 THE WITNESS: That's my best recollection. 13 contact with an attorney who you believe was 14 BY MR_ HOROWITZ: 14 disciplined? 15 Q Okay. And, therefore, since you have no 15 MR. PIKE: Fonn. 16 recollection of being ordered, you've made no 16 THE WITNESS: You know, I'd really like to 17 affirmative attempt to have no contact with them; is 17 answer that question, and hopefully some day I 18 that correct? 18 will. I think the answer is pretty obvious to you 19 MR. PIKE: Form, asked and answered. I am 19 and the other people in this room, but, however, 20 going to instruct him not to answer that question. 20 today, Mr. Horowitz, I am going to, on the advice 21 If you want to rephrase it, go ahead. 21 of counsel, have to assert my Fifth Amendment, 22 MR. HOROWITZ: Are you going to accept — 22 Sixth Amendment and Fourteenth Amendment Right, 23 accept his advice? 23 though I would like to — and I'm sure you and the 24 MR. PIKE: Yeah. 24 ladies and gentlemen understand, I'd like to answer 25 THE WITNESS: Yes. 25 that question. 9 (Pages 30 to 33) UNIVERSAL COURT REPORTING EFTA01076658 Page 34 Page 36 1 BY MR. HOROWITZ: 1 advice of counsel, I am going to have to assert my 2 Q Well, you mentioned an attorney who you believe 2 Fifth Amendment, Sixteenth — sorry -- Sixth 3 was disciplined, and you mentioned an attorney who you 3 Amendment and Fourteenth Amendment Rights as 4 believe — 4 guaranteed by the Constitution. 5 A I don't believe i said "disciplined." i think 5 And if i don't follow their advice and I prefer 6 you — i said 'disbarred." 6 — i would actually prefer to answer the question, 7 Q Disbarred, okay. 7 but if i don't follow their advice, I am going to 8 A is that correct? 8 risk losing my counsel, which is a violation. So 9 Q No, ifs wrong, but that was your words. 9 am going to have to assert those rights today. 10 A He was not disbarred? 10 MR. PIKE: Okay. And just for the record -- 11 Q I'm not allowed to testify to those -- 11 MR. HOROWITZ: Move to strike the 12 A Oh, I'm sorry. 12 non-responsive portion. 13 Q I didn't create these rules. 13 MR. PIKE: Just for the record, let's try to go 14 A I thought he was disbarred. I think the paper 14 — take turns for the court reporter's benefit. 15 said he was disbarred. 15 Finish your answer — 16 Q Okay. You mentioned that an attorney was 16 THE WITNESS: Okay. 17 disbarred, and another attorney — 17 MR. PIKE: — finish your question, before both 18 A Your partner was disbarred. Not an attorney, 18 of you continue to talk to — over each other, 19 correct? 19 thanks. 20 Q You mentioned that my partner was disbarred, 20 BY MR. HOROWITZ: 21 and that's your testimony? 21 Q Mr. Epstein, if i heard you right, you said 22 A Yes. 22 that your attorneys have advised you that your you 23 Q And you mentioned that another attorney 23 could not answer these questions without waiving the 24 committed fraud? 24 Fifth, Sixth and Fourteenth Amendment; is that right? 25 A Yes. 25 MR. PIKE: Form. I am going to instruct him Page 35 Page 37 1 Q Are you suggesting that somehow the Plaintiffs 1 not to answer that question because the way it's 2 fabricated their allegations because of their 2 phrased attempts to elicit attorney-client 3 association with these lawyers? 3 communications. 4 MR. PiKE: Form. 4 BY MR. HOROWITZ: 5 THE WITNESS: In fact, according to the 5 Q Did 1 paraphrase you correctly? 6 newspapers, the attorney who's -- who is currently 6 A No, you did not. 7 sitting in jail, Mr. Edwards' partner, was accused 7 Q Okay. Well, sir, are you — are you testifying 8 of fabricating many cases not only against people 8 that Jane Doe 2 falsified a lawsuit because of her 9 like me, but others, of the sexual nature, very 9 association with a lawyer? 10 similar to the ones you've filed. 10 MR. PiKE: Form, predicate, foundation. 11 BY MR. HOROWITZ: 11 THE WITNESS: I would really like to answer 12 Q Okay. As to my clients — I'm not asking about 12 that question, but today, and just today at least 13 anybody else's clients. As to my client, are you 13 on the advice of counsel, I cannot, because they 14 suggesting that they fabricated any aspect of their 14 have advised me that if I do, I risk losing their 15 dealings with you as a result of their dealings with 15 counsel, but as I think it is going to be pretty 16 their attorney, or some remote dealings with 16 obvious, I would like to answer that question, but 17 Mr. Rothstein? Is that — is that your testimony? 17 on the advice of counsel, I am going to assert my 18 A I think that answer -- 18 Fifth, Sixth and Fourteenth Amendment Right as 19 MR. PiKE: Form, predicate, foundations, sorry. 19 provided by the U.S. Constitution. 20 THE WITNESS: I think that answer is pretty 20 BY MR. HOROWITZ: 21 obvious. But, however, on advice of counsel, I 21 Q Well, Mr. Epstein, if you continue to laugh at 22 cannot answer any questions today that are relevant 22 any of my questions, shake your head, nod, it's my 23 to this law -- to these lawsuits. I would like 23 intention to inform the Court and file a motion that 24 to. I'm sure everybody knows that i would like 24 you've waived your Fifth Amendment Right. 25 to. You know i would like to. But today, on the 25 MR. PiKE: All right. First of all, that's — 10 (Pages 34 to 37) UNIVERSAL COURT REPORTING EFTA01076659 Page 38 Page 40 1 that's argumentative and it's harassing, and you 1 to have to assert my Fifth Amendment, Sixth 2 don't have a question on the table, so let's -- 2 Amendment and Fourteenth Amendment Rights as 3 lees — 3 guaranteed by the U.S. Constitution, though I would 4 MR. HOROWITZ: Why are you interrupting me? 4 like to answer that question. 5 MR. PIKE: Because — because this deposition 5 BY MR. HOROWITZ: 6 is not going to be utilized as a — as a means to 6 Q With respect to those girls whom you've been 7 harass my client. Ask your questions, you'll get 7 ordered to have no contact with, have you had any 8 your answers, and let's move forward. 8 contact, direct or indirect, with them since receiving 9 BY MR. HOROWITZ: 9 that order? 10 Q I'm going to ask that you not shake your head, 10 MR. PIKE: Same objection; form, predicate and 11 nod or laugh at my questions. Because if you do, it 11 foundation. 12 will be at your own peril, because Pm -- I will file a 12 THE WITTIESS: I would like to answer that 13 motion to have your Fifth Amendment Rights waived. 13 question, however, today my — I have been informed 14 MR. PIKE: I'm going to move to strike -- 14 that I cannot answer any questions that may be 15 MR. HOROWITZ: Okay. 15 relevant to your lawsuit. So Pm going to assert 16 MR. PIKE: — your two last statements, 16 my Fifth Amendment, Sixth Amendment and Fourteenth 17 Mr. Horowitz. Let's get on with the deposition. 17 Amendment Right. Excuse me, could I use the 18 BY MR. HOROWITZ: 18 restroom? 19 Q When you said that you must accept the advice 19 MR. HOROWITZ: Yes. 20 of your attorney or risk waiving your Constitutional 20 THE VIDEOGRAPHER: Time off the record 10:35. 21 Rights, what advice were you talking about? 21 (Thereupon, a short break was taken.) 22 MR. PUCE: Form. I'm going to instruct him not 22 THE VIDEOORAPHER: Time on the record 10:42. 23 to answer that question. He's asserting his 23 BY MR. HOROWITZ: 24 Constitutional Rights. 24 Q Asa result of your criminal sentence, how many 25 MR. HOROWITZ: And I want to explore what he 25 girls were you ordered to have no contact with? Page 39 Page 41 1 just said about his Constitutional Rights. He said MR. PIKE: Form. 2 he would be losing his Sixth Amendment Right to 2 THE WITNESS: Three. 3 effective representation. Do you understand — is 3 BY MR. HOROWITZ: 4 that what you said, sir? 4 Q Okay. And what are their names? 5 MR. PIKE: Fonn. 5 MR. PIKE: Form. 6 THE WITNESS: Correct. 6 THE WITNESS: I believe it was Jane Doe 103, 7 BY MR. HOROWITZ: 7 M. and 8 Q Okay. Okay. When you say your Sixth Amendment 8 MR. HOROWITZ: Can you read that back? 9 Right to effective representation, who -- representation 9 THE REPORTER: le - 10 by who? Who —who are you talking about? 10 MR. HOROWITZ: No, I don't think that's right. 11 MR. PIKE: Form. I'm going to instruct him not 11 That's not what he said. 12 to answer that question. 12 (The pending answer was read back by the court 13 BY MR. HOROWITZ: 13 repo •) 14 Q Are you suggesting that your attorneys would 14 MR. HOROWITZ: Thank you. 15 not represent you if -- if you didn't assert your Sixth 15 BY MR. HOROWITZ: 16 Amendment Right? 16 Q Is it your testimony, sir, that those are the 17 MR. PIKE: Same objection. Pm going to 17 only three girls who, as a result of a criminal case 18 instruct him not to answer that question, attorney- 18 against you, you've been ordered to have no contact 19 client 19 with? 20 BY MR. HOROWITZ: 20 MR. PIKE: Form. 21 Q How do you ensure that you have no contact with 21 THE WITNESS: That's correct. 22 the various girls you've been ordered to have no contact 22 BY MR. HOROWITZ: 23 with? 23 Q Okay. With respect to M., do you acknowledge 24 MR. PIKE: Form, predicate, foundation. 24 that she has been to your home? 25 THE WITNESS: On advice of counsel, I am going 25 MR. PIKE: Form. 11 (Pages 38 to 41) UNIVERSAL COURT REPORTING EFTA01076660 Page 42 Page 44 1 THE WITNESS: Sony? 1 contact? 2 BY MR. HOROWITZ: 2 MR. PIKE: Form. 3 Q With respect to e do you acknowledge she 3 THE WITNESS: Again, I would like to answer 4 has been to your home? 4 that question, but as most of your other questions 5 MR. PIKE: Same objection. 5 here today, and I — I understand that your partner 6 THE WITNESS: On advice of counsel —I would 6 who represented this was disbarred, but at a 7 like to answer all your questions today, 7 some point in fliture I would like to answer that. 8 Mr. Horowitz. I'm sorry your partner that was 8 Today, unfortunately, I am going to have to assert 9 disbarred is not here, because I would like to 9 my Fifth, Sixth and Fourteenth Amendment Rights 10 answer his questions because I believe he was the 10 under the U.S. Constitution because my counsel has 11 one who represented So I would like to sec 11 advise me that, though I would like to answer that 12 Mr. Herman at some point when begets - 12 question, I cannot today. 13 potentially gets his license back. But, though I 13 BY MR HOROWITZ: 14 would like to answer your questions in more detail, 14 Q Are you suggesting, sir, that fabricated 15 on advice of counsel, I am going to have to assert 15 or embellished her allegations because of her 16 my Fifth, Sixth and Fourteenth Amendment Rights 16 association with a disbarred attorney? 17 under the U.S. Constitution. I would like to 17 MR. PIKE: Form, move to strike, 18 answer the question, but my counsel has told me 18 mischaracterizes the witness' testimony. 19 that I risk losing their representation if I do, 19 THE WITNESS: Can you repeat the question? 20 so, therefore, I'm going to have to assert those 20 BY MR. HOROWITZ: 21 rights. 21 Q Are you suggesting that either fabricated 22 BY MIL HOROWITZ: 22 or embellished her — her allegations because of any 23 Q With respect to M, do you acknowledge that 23 association she had with an attorney who's been 24 she has — she went to your home %%ben she was a child? 24 disbarred? 25 MR. PIKE: Form. 25 MR. PIKE: Same objection- Page 43 Page 45 1 THE WITNESS: Again, I would like to answer 1 THE WITNESS: It's not an attorney who's been 2 that question, and I'm sure you know I would like 2 disbarred. I believe I said it's your partner that 3 to answer that question. I'm sure your partner 3 was disbarred when -- after representing and E, 4 that was disbarred while he represented M, I 4 I would like — though I would like to answer those 5 believe, or her parents, or he claimed he 5 questions in detail, today I have been advised by 6 represented one parent, and the other parent sued 6 counsel that I cannot answer any questions that may 7 him or tried to bring a lawsuit against your 7 be relevant to your lawsuits — 8 partner I would like to answer any questions 8 MR. HOROWITZ: All right. 9 with respect to .„ but today on advice of 9 ME WITNESS: — and — excuse mo. 10 counsel, I'm not going to be able to do that 10 MR. HOROWITZ: Go ahead, finish. 11 because they've advised me I must assert my Fifth, 11 THE WITNESS: Thank you. And, though I would 12 Sixth and Fourteenth Amendment Right -- 12 like to answer the questions, and I know you keep 13 MR HOROWITZ: Okay. 13 trying to strike my answer with respect toa's 14 THE WITNESS: - so therefore excuse me, I 14 representation by your former partner, Je y 15 am going — should I finish? 15 Herman, who was disbarred, who held press 16 MR. PIKE: Yes. 16 conferences to try to make a big — so he tried to 17 THE WITNESS: So, therefore — though I would 17 embarrass me as best as he could, I'm - I would 18 like to answer that question and lam going to 18 like to answer those questions, but I cannot on 19 have to assert those rights. 19 advice of counsel. 20 MR. HOROWITZ: Okay. Move to strike the 20 BY MR. HOROWITZ: 21 non-responsive — the non-responsive portion of the 21 Q Okay. And do you fool that because my partner, I 22 answer. 22 Jeffrey Heenan, was an attorney involved in M.'s case, 23 BY MR HOROWITZ: 23 that somehow the allegations she's made agates you are 24 Do you acknowledge, sir, that with respect to 24 fabricated or embellished? 25 M. during her childhood, you paid her for sexual 25 •••••• ••• A I'd let — the ladies and gentlemen of the jury ., •••14,••••••••MaaaaT'Rea.ta-•*••••1•••(...ut • ItJa\C•tWol •"'•"^ J 12 (Pages 42 Co 45) UNIVERSAL COURT REPORTING a ( ( ) EFTA01076661 Page 46 Page 46 1 will make that decision, I'm sure. I can't — I would 1 THE WITNESS: I don't recall. 2 like to answer those questions. I would really like to 2 BY MR. HOROWITZ: 3 answer — I think those answers are obvious, frankly. 3 Q Okay. Was it -- if I heard you correctly, it 4 But today, on advice of counsel, I'm not going to be 4 was in association with your criminal case? 5 able to answer those questions. I am going -- 5 A That's correct. 6 Q Well - 6 Q Okay. And with respect to Jane Doe 103, do you 7 A Mr. Horowitz, I would like to finish my answer, 7 acknowledge that she has been to your home? 8 please. Is that okay? 8 MR. PIKE: Form. 9 Q Well, you keep repeating yourself. 9 THE WITNESS: Again, I would like to answer 10 THE WITNESS: Mr. Pike? 10 most of your questions. However, today, as I've 11 MR. PIKE: Go ahead and finish. 11 answered most almost all of your questions and 12 Please allow -- allow the witness to finish his 12 will continue to answer, on advice of counsel, I 13 answer. 13 believe, this question, I have to assert my Fifth 14 THE WITNESS: So lees start -- should — could 14 Amendment, Fourteenth Amendment and Sixth Amendment 15 you repeat the question, please? 15 Rights under the U.S. Constitution. 16 MR. HOROWITZ: Yes. 16 BY MR. HOROWITZ: 17 (The pending question was read back by the 17 Q Okay. And — are you done? 18 court reporter.) 18 A (No verbal response). 19 MR. HOROWITZ: That wasn't exactly the 19 Q Do you acknowledge that Jane Doe 103 came to 20 question, but I'll - let me ask it again. Maybe 20 your home for sexual contact during her childhood, and 21 it will be smoother, and just try and follow what 21 that you paid her for those services? 22 it is Pm asking. 22 MR. PIKE: Form, predicate, foundation, 23 THE WITNESS: I'm trying my best. 23 argumentative. 24 BY MR. HOROWITZ: 24 THE WITNESS: I'd I would like to answer 25 Q Do you believe, as we sit here today, that 25 that question. I think those questions will all Page 47 Page 49 1 because Jeffrey Herman was involved in the have obvious answers and not — however, today, I 2 representation of la, that her allegations of abuse by 2 am going to have to assert my Fifth Amendment, you are fabricated or embellished? 3 Sixth Amendment and Fourteenth Amendment Rights 4 MR. PIKE: Form, predicate, foundation. 4 under the U.S. Constitution, because, though I THE WITNESS: I would very much like to answer 5 would like to answer that question, my attorneys the question regarding ■ -- which 6 have advised me that I cannot -- today cannot 7 embellishments, as you've described them, or 7 answer any questions that may be relevant to this 8 fabrications at the same time she met your 8 lawsuit. 9 partner that was later disbarred. However, as of BY MR. HOROWITZ: 10 today, though I would like to answer those 10 Q Okay. You also told us — provided this name 11 questions — and I think those answers are pretty 11 of a. Do you acknowledge that M. was paid by you 12 obvious -- I am going to have to assert my Fifth 12 for sexual contact during her childh ? 13 Amendment, Sixth Amendment and Fourteenth Amendment 13 MR. PIKE: Form, predicate, foundation, 14 Rights under the U.S. Constitution. 14 argument. 15 And, though I think again those — that answer 15 THE WITNESS: I would like to answer that 16 is obvious, and will be obvious to most people here 16 question, as I would like to answer most of your 17 on the jury, my attorneys have advised me I cannot 17 other questions here today, but I, unfortunately, 18 answer that question today. 18 am going to have to answer that one, as I've 19 BY MR. HOROWITZ: 19 answered most of your other questions, which is 20 21 u, Q Okay. You told us that in addition to you were also ordered to have no contact with Jane Doe 20 21 unfortunately today, I cannot answer any question that may be relevant to this lawsuit on advice of 22 103 and a: is that correct? 22 counsel. I must assert my Fifth Amendment, Sixth 23 A Excuse me, yes. 23 Amendment and Fourteenth Amendment Right under the 24 Q And when did you receive such an order? 24 U.S. Constitution. 25 MR. PIKE: Form. 25 BY MR. HOROWITZ: 13 (Pages 46 to 49) UNIVERSAL COURT REPORTING 0 (a) (I) EFTA01076662 Page 50 Page 52 1 Q When in the future do you presently intend to 1 product. 2 stop asserting your Fifth, Sixth and Fourteenth 2 BY MR. HOROWITZ: 3 Amendment Rights, if any, and intend to start answering 3 Q What — are -- are you under the care of any 4 these questions? 4 physicians at the present time other than Dr. Alexander? 5 MR. PIKE: Form. I am going to instruct him 5 MR. PIKE: Form, predicate, foundation and 6 not to answer that question, attorney-client. 6 mischaracterizes, I believe, my objection. 7 BY MR. HOROWITZ: THE WITNESS: I would like to answer that 8 Q Do you intend at trial to start answering these 8 question, as I would like to answer most of your 9 questions? 9 other questions hem today, but today I am going to 10 MR. PIKE: Same objection. I am going to 10 have to assert my Fifth Amendment, Sixth Amendment 11 instruct him not to answer, attorney-client. 11 and Fourteenth Amendment Rights under the advice •- 12 BY MR. HOROWITZ: 12 on advice of counsel. 13 Q At the time of your sentence you told us — 13 BY MR. HOROWITZ: 14 which was in the summer of 2008, did you have a private 14 Q All right. What doctors have you been under 15 psychologist -- 15 the care of in the past five years? 16 MR. PIKE: Font 16 MR. PIKE: Form. 17 BY MR. HOROWITZ: 17 THE WITNESS: I am going to have to assert my 18 Q — named Dr. Alexander? 18 Fifth Amendment, Sixth Amendment and Fourteenth 19 MR. PIKE: Form. I am going to instruct him 19 Amendment Rights on advice of counsel, though I 20 not to answer that question as well because the 20 would like to answer these questions. 21 Judge has already ruled that Mr. Epstein's medical 21 MR. HOROWITZ: Okay. I mean, you -- you cou I d 22 history is not an element in any of these cases. 22 — you can tell your client to do what you want, 23 MR. HOROWITZ: Well, despite — you -- you -- 23 but, linen, we have a specific court order. 24 you're aware we have a court order in which 24 MR. PIKE: Do you have a copy of it with you? 25 Mr. Epstein was required to provide us the names of 25 MR. HOROWITZ: During the break I'll get you a Page 51 Page 53 1 his doctors and as well as his prescriptions, 1 copy. 2 correct? You're aware of that? 2 MR. PIKE: I mean, if you have a copy of an 3 MR. PIKE: I recall that order, but I don't 3 order, and you want to refresh my recollection -- 4 recall — I don't recall — if you have the — if 4 since the Fifth Amendment and the Sixth Amendment 5 you have the answers, then you can provide them to 5 and the Fourteenth Amendment are highly technical 6 me, and maybe I would be better situated to allow 6 Constitutional Amendments, if you wish to ask my 7 the client to answer or not answer the questions. 7 client questions based upon an order, I would ask 8 I saw your associate reaching for something. So 8 that you simply provide me with the order 9 maybe -- maybe you do have them, you can refresh my 9 beforehand, and then we can make this a much easier 10 recollection. 10 process. We're here for you, Adam. 11 MR. HOROWITZ: Well, I'm just going to ask the 11 MR. HOROWITZ: Thanks. I'm pretty sure the 12 witness I'm not here to refresh his 12 Court gave you a copy of the order, but -- but ifs 13 recollection. I want his — 13 okay. We can move on. During the break we'll 14 MR. PIKE: Or mine. 14 address it. 15 MR. HOROWITZ: Or yours. 15 MR. PIKE: No — well, wait a second -- 16 MR. PIKE: Right. 16 MR. HOROWITZ: During the break we'll address 17 MR.. HOROWITZ: I want his testimony on today's 17 it. 18 date as to the truth. 18 MR. PIKE: -- I am not going to banter with 19 MR. PIKE: Okay. Well, I'm going to instruct 19 you, and nor am I going to accept this type of 20 him not to answer that question right now. Let's 20 laughing from the corner show over there 21 21 (indicating). Listen, the fact remains is this: 22 MR. HOROWITZ: You guys want to talk among 22 There have been several orders. That of which I 23 yourselves? 23 was the initial author of the -- of the motions 24 MR. PIKE: Sure. Fm still going to maintain 24 that resulted in the positive orders, reflective of 25 the objection ifs also attorney-client and work 25 the Fifth, Sixth and Fourteenth Amendment. So it .4.4. ....u..0.006t•Calemir I 14 (Pages 50 to 53) UNIVERSAL COURT REPORTING EFTA01076663 Page 54 Page 56 1 is: If you have some of those orders, which are 1 MR. PIKE: Form. 2 probably ten plus, bring them to me, and I will 2 THE WITNESS: I see ifs on the complaint. 3 read them, and we will make this deposition go 3 BY MR. HOROWITZ: 4 forward a lot easier. 4 Q You've been a Defendant in that lawsuit for the 5 BY MR. HOROWITZ: 5 past two years? 6 Q All right. Are you — have you been prescribed 6 A I don't know the time. 7 any medications in the past five years? 7 Q Do you know who the Plaintiff is, Jane Doe 2? 8 MR. PIKE: Form. 8 MR. PIKE: Form. 9 THE WITNESS: Ifs the same answer. I would 9 THE WITNESS: I read the complaint. 10 like to answer that question, as I would like to 10 BY MR. HOROWITZ: 11 answer most of your other questions here today. 11 Q Okay. All right. My -- my earlier question to 12 However, I've been advised by counsel that at least 12 you was: Isn't it true that a girl named Jane Doe 2 — 13 today I cannot answer those questions, and I must 13 A Uh-huh. 14 assert my Fifth Amendment, Sixth Amendment and 14 Q — came to your Palm Beach home in — in late 15 Fourteenth Amendment Right. 15 2004? 16 BY MR. HOROWITZ: 16 A I — again, I understand that Jane Doe 2 was 17 Q So you — you told us in a swom interrogatory 17 represented by your partner, Jeffrey Herman, who was 18 answer that you were prescribed Lipitor, and that you 18 disbarred by The Florida Bar Association. I believe she 19 take — you take Lipitor. Are there other medications 19 was represented by Mr. Herman prior to his disbarment. 20 that you receive, for instance, to treat you for a 20 I believe he represented her in a -- in some type of 21 sexual disorder? 21 press conference in association with other firms later 22 MR. PIKE: Form. I am going to instruct him 22 where other partners have gone to jail for representing 23 not to answer that question as phrased. 23 claims of a sexual nature against people like me and 24 BY MR. HOROWITZ: 24 others, and the U.S. Attorney called one of the other 25 Q Other than Lipitor, are there any other 25 firms involved in this the largest fraud in Florida Page 55 Page 57 1 medications that you have been prescribed or have taken 1 in South Florida's history. But separate from that, 2 in the past five years? 2 unfortunately today, I am going to have to assert my 3 A On advice of counsel, I am going to have to 3 Fifth Amendment, Fourteen Amendment and Sixth Amendment 4 assert my Fifth Amendment, Sixth Amendment and 4 Rights on the advice of counsel. S Fourteenth Amendment Rights, though I would like to 5 MR. HOROWITZ: Okay. Move to strike that. 6 answer that question. 6 BY MR. HOROWITZ: 7 Q Okay. Is it true, sir, that a — a girl named 7 Q Do you believe that Jane Doe 2's lawsuit 8 Jane Doe 2 came to your Palm Beach home in late 2004? 8 against you was either fabricated, falsified or 9 A Is she someone you represent? 9 embellished due to any association she had with an 10 Q Do you -- do you — do you not know the answer? 10 attorney who was suspended or disbarred, as you say? 11 A I do not know the name. 11 MR. PIKE: Form. 12 Q Okay. Do you know we're here on a case called 12 THE WITNESS: Again? 13 Jane Doe 2 vs. Jeffrey Epstein? 13 BY MR. HOROWITZ: 14 MR. PIKE: Form. 14 Q Do you believe that lane Doe 2's lawsuit was 15 THE WITNESS: Yes. 15 elfin fabricated or embellished because of her 16 BY MR. HOROWITZ: 16 association with any attorney? 17 Q And you've seen that on the deposition notice? 17 MR. PIKE: Form 18 A Yes. 18 THE WI-MESS: I would like to tell you my 19 Q Are you suggesting that you -- you do not know 19 beliefs. I would like to give you an answer to 20 who Jane Doe 2 is? 20 that question. I would like to — I'm sure the 21 MR. PIKE: Fenn. 21 jury is going to want to explain — understand that 22 THE WITNESS: I've seen it on the allegation - 22 she was represented by an attorney that was 23 on your complaint today. 23 disbarred at the time when this lawsuit, I believe, 24 BY MR. HOROWITZ: 24 got filed. Later he was disbarred. Today I would 25 Q Okay. So we have the answer to that question? 25 like to answer that question, but however, today on 15 (Pages 54 to 57) UNIVERSAL COURT REPORTING EFTA01076664 Page 58 Page 60 1 advice of counsel I cannot, and I am going to have 1 MR PIKE: Form. 2 to assert on their advice my Fifth Amendment, Sixth 2 THE WITNESS: I'd like to answer that question, 3 Amendment and Fourteenth Amendment Rights under the 3 but unfortunately, today, at least, lam going to 4 U.S. Constitution or risk losing their counsel. 4 have to answer that like I've answered many of your 5 MR. PIKE: Let me take a break really quick. I 5 other questions. Unfortunately, I have to answer 6 need a 60-second break. 6 — on advice of counsel, I am going to have to 7 THE VIDEOGRAPHER: Time off the record 10:59. 7 assert my Fifth Amendment, Sixth Amendment and 8 (Thereupon, a short break was taken.) 8 Fourteenth Amendment Rights under the U.S. 9 THE VIDEOGRAPHER: Time on the record 11:06. 9 Constitution because I've been told that I cannot 10 BY MR. HOROWITZ: 10 answer any questions that may be relevant to any of 11 Sir, between 2001 and 2006 did you instruct 11 your lawsuits, or -- and if I do, I risk losing my 12 al to place telephone calls to arrange for girls under 12 representation. 13 the age of 18 to come to your home for your sexual 13 BY MR. HOROWITZ: 14 gratification? 14 Q Okay. Did you instruct to communicate by 15 MR. PIKE: Form. 15 telephone to arrange for Jane Doe to come to your home 16 THE WITNESS: Though I would life to answer 16 for your own sexual gratification? 17 that question, today, on advice of counsel, I am 17 MR. PIKE: Form. 18 going to have to assert my Fifth Amendment, Sixth 18 THE WITNESS: Who? I'm sorry, what was the 19 Amendment and Fourteenth Amendment Rights under the 19 name again? 20 U.S. Constitution. And, though I'd really much 20 BY MR. HOROWITZ: 21 like to answer that question, today, I cannot. 21 Q This is about the fifth time I mentioned her 22 BY MR. HOROWITZ: 22 name. Her name is Jane Doe 2. 23 Q Is it true, sir, that in late 2004 Ereceived 23 A Uh-huh. 24 a telephone call wherein she was told that a girl named 24 MR. PIKE: Same objection. 25 Jane Doe 3 was bringing a girl named Jane Doe 2 to your 25 THE WITNESS: I'd like to answer that question, Page 59 Page 61 1 home? 1 as I would like to answer most of your other 2 MR PIKE: Form. 2 questions here today, Mr. Horowitz. However, on 3 THE WITNESS: Cat you tell me who those people 3 advice of counsel, they have instructed me that I 4 are? Are those two ofyour clients? 4 cannot answer any questions that may be relevant to 5 MR. HOROWITZ: Yes, two of the three people 1 5 any ofyour multiple lawsuits. So, though I would 6 mentioned are my clients. 6 like to answer it today, l am going to have to 7 BY MR. HOROWITZ: 7 assert my Fifth Amendment, Sixth Amendment and 8 Q Are — are — are — are -- are you denying 8 Fourteenth Amendment Rights as provided by the U.S. 9 that those girls were in your home? 9 Constitution. 10 A Tm asking you for clarification. 10 BY MR. HOROWITZ: 11 Q Okay. Do you want me to repeat the question? 11 Q I am going to stick with the line of questions 12 A Do I understand the question that two of your 12 involving Jane Doe 2, so I'm just going to ask that you 13 clients have suggested one of your clients brought the 13 keep that name in your head, okay? Jane Doe 2; you got 14 other client? 14 that? 15 Q Okay. Let me backup. 15 A Pliny. 16 • A Sony. Is that — is that — 16 Q Okay. Thank you. Did you inform M. that 17 Q My questions aren't suggesting anything. 17 Jane Doe 2 would be giving you a massage was sexual 18 They're asking a question. Do you understand that? 18 in nature? 19 A I understand that. 19 MR. PIKE: Form. 20 Q Okay. My question is: Is it true that in late 20 THE WITNESS: nave — I'm going to have to 21 2004 -- 21 answer that question — though I would like to 22 A Yes. 22 answer that question today, I am going to have to 23 Q M. received a telephone call wherein she 23 assert my Fifth Amendment, Sixth Amendment and 24 was told that Jane Doe 3 was bringing lane Doe 2 to your 24 Fourteenth Amendment Rights, because on advice of 25 home? 25 counsel I cannot answer that question no matter how 16 (Pages 58 to 61) UNIVERSAL COURT REPORTING ( ) EFTA01076665 Page 62 Page 64 1 much I actually warn to today. So, unfortunately, 1 to your home, did you, in fact, persuade, induce or 2 I'll have to assert those rights. 2 entice her to engage in sexual activity with you? 3 BY MR. HOROWITZ: 3 MR. PIKE: Form. 4 Q Did you observe M. speaking by telephone to 4 THE WITNESS: Thought would like to answer 5 arrange for Jane Doe 2 to come to your home to give you 5 that question, as I would like to answer most of 6 a sexual massage? 6 your other questions here today, on advice of 7 MR. PIKE: Form. 7 counsel, I am not going to be able to answer those 8 THE WITNESS: Again, Pm going to have to 8 questions here today. They've advised me I must 9 answer that the way I've answered your other 9 assert my Fourth excuse me — Fifth — excuse me 10 questions, Mr. Horowitz, which is, though I would 10 — Sixth and Fourteenth Amendment Rights as 11 like to answer that question today, on advice of 11 provided by the U.S. Constitution. And if I don't 12 counsel, I cannot answer any questions that may be 12 do so, I potentially risk losing their 13 relevant to any of your lawsuits. Therefore, I 13 representation, so though I'd like to answer it, I 14 must assert my Fifth Amendment, Sixth Amendment and 14 must not. 15 Fourteenth Amendment Rights as provided by the U.S. 15 BY MR. HOROWITZ: 16 Constitution. And if I don't answer that way, I 16 Q Okay. At no point did Jane Doe 2 tell you that 17 risk losing my counsel's representation. 17 she was 18 or older, omen? 18 BY MR. HOROWITZ: 18 MR. PIKE: Form. 19 Q DidIII. tell you that she confirmed by 19 THE WITNESS: Again, I would like to answer — 20 telephone that Jane Doe 2 would be coming to your home 20 I'd really like to answer that question. However, 21 at • specific time to give you a massage? 21 I cannot, because on advice of counsel, I've been 22 MR. PIKE: Form. 22 advised that I must assert my Fifth Amendment, 23 THE WITNESS: Though I would like to answer all 23 Fourteenth Amendment and Sixth Amendment Rights as 24 of your questions here today, and I would like to 24 provided by the U.S. constitution. And if I don't 25 answer that question specifically, I am going to 25 do so,1potentially risk losing their Page 63 Page 65 1 have to respond the same way I've responded to most I. representation, though I would like to answer that 2 of your other questions here today, which is on 2 question. 3 advice of my counsel, I am going to have to assert 3 BY MR. HOROWITZ: 4 my Fifth Amendment, Sixth Amendment and Fourteenth 4 Q In your own mind, you didn't believe that when 5 Amendment Rights as provided by the U.S. 5 Jane Doe 2 came to your home that she was 18 or older, 6 Constitution. And, though I would like to answer 6 correct? 7 that question, if I do so, I risk losing my 7 MR.PIKE: Form. 8 counsel's representation. 8 THE WITNESS: I'd really like to answer that 9 BY MR. HOROWITZ: 9 question. I'd really Mice to answer most of your 10 Q Was it your intent during the course of Jane 10 other questions here today. But however, on the 11 Doe 2's visit to your home, that you would persuade, 11 advice of counsel, they've advised me I must assert 12 induce or entice her to engage in sexual activity? 12 my Fifth Amendment, Sixth Amendment and Fourteenth 13 MR. PIKE: Form. 13 Amendment Rights as provided by the Constitution, 14 THE WITNESS: Again, I would like to answer 14 and have asked me or instructed me, not to answer 15 that question, as I would like to answer most of 15 any questions that may be relevant to this 16 your other questions here today. However, on 16 lawsuit. So, though I would like to answer it,1 17 advice ofmy counsel, I cannot answer those 17 cannot. 18 questions today, so I am going to have to assert my 18 BY MR. HOROWITZ: 19 Fifth Amendment, Sixth Amendment and Fourteenth 19 Oka . Jane Doe 2 told that she attended 20 Amendment Rights as provided by the U.S. 20 when she came to your home, 21 Constitution. And, though 1 would like to answer 21 correct? 22 it, and I think — I am going to have to assert 22 MR. PIKE: Form. 23 those rights. 23 THE WITNESS: I would like to answer that 24 BY MR. HOROWITZ: 24 question, as I would like to answer every one of 25 Q Okay. During the course of Jane Doe 2's visit 25 your questions here today. However, on advice of --XL- 17 (Pages 62 to 65) UNIVERSAL COURT REPORTING EFTA01076666 Page 66 Page 68 1 counsel, I cannot. And, though I would like to. I 1 going to be required by my counsel not to. 2 must assert my Fifth Amendment, the Sixth Amendment 2 BY MR. HOROWITZ: 3 and Fourteenth Amendment Rights as provided by the 3 Q During Jane Doe 2's visit to your home in 2004, 4 U.S. Constitution. And if I don't do so, I risk 4 did you ask her questions about her sexual experiences 5 losing their representation. Though I would like 5 and preferences? 6 to answer, but today I cannot. 6 MR. PIKE: Form. 7 BY MR. HOROWITZ: 7 THE WITNESS: Though I would like to answer 8 Q During Jane Doe 2's visit to your home in 2004, 8 your question here today, Mr. Horowitz, as I would 9 you were nude in front ofher; isn't that right, sir? 9 like to answer most of your other questions here 10 MR. PIKE: Form. 10 today, my counsel has advised me I must assert my 11 THE WITNESS: I would like to answer that 11 Sixth Amendment, Fourteenth Amendment and Fifth 12 question, as I would like to answer most of your 12 Amendment Rights. And if I don't follow their 13 other questions here today. But my answer is going 13 advice, I risk losing their representation, so 14 to be virtually the same as I've had to answer most 14 therefore, I'd going to have to assert those 15 of your other questions, which is on advice of 15 rights, though I prefer to answer the question. 16 counsel, I cannot answer those questions. I must 16 BY MR. HOROWITZ: 17 assert my Fifth Amendment, Sixth Amendment and 17 Q During Jane Doe 2's visit to our home in 2004, 18 Fourteenth Amendment Rights as provided by the U.S. 18 did you unfasten her bra and 19 Constitution. And if I don't do so, I've been told 19 MR. PIKE: Form. 20 I lose risking — excuse me — I risk losing their 20 THE WITNESS: Though I'd like to answer that 21 representation, and so therefore, I cannot answer 21 question — I would like to answer all your 22 that question. 22 questions here today, I'm going to have to respond 23 BY MR. HOROWITZ: 23 as I've done to mostly all your other questions 24 Q During Jane Doe 2's visit to your home in 2004, 24 here today, Mr. Horowitz, which is on advice of my 25 did you instruct het to remove all ofher clothing? 25 counsel, they've advised me I must assert my Sixth Page 67 Page 69 1 MR. PIKE: Form. 1 Amendment Rights, my Fifth Amendment Rights and my 2 THE WITNESS: Fa like to answer that 2 Fourteenth Amendment Rights under the U.S. 3 question. I would like to answer that question, as 3 Constitution. And if I don't do so, and I answer 4 I've had — I would like to answer most of your 4 your question, which I would like to do, I risk 5 other questions here today. However, upon advice 5 losing their representation, so, therefore, I must 6 of counsel, I have been instructed that I must 6 just simply assert those rights. 7 assert my Fifth Amendment, Sixth Amendment and 7 THE VIDEOGRAPHER: Three minutes of tape 8 Fourteenth Amendment Rights as provided by the U.S. 8 remaining. 9 constitution. And though I would like to answer 9 MR. HOROWITZ: Okay. Thanks. 10 that question, I cannot. 10 BY MR. HOROWITZ: 11 BY MR. HOROWITZ: 11 Q During Jane Doe 2's visit to your home in 2004, 12 Q During Jane Doe 2's visit to your home in 2004, 12 did you nib Jane Doe Ts vagina? 13 did you instruct Jane Doe 2 to pinch your nipples and 13 MR. PIKE? Form. 14 rub your chest? 14 THE WITNESS: I'd like to answer that question, 15 MR. PIKE: Form. 15 however, today, at least today, my counsel has 16 THE WITNESS: I'd like to answer that question 16 advised me that I cannot answer any questions that 17 here today, like I'd like to answer most of your 17 may be relevant to your lawsuits -- 18 other questions here today, but, unfortunately, I 18 BY MR. HOROWITZ: 19 am going to respond, as I've responded to virtually 19 Q During -- 20 all of your questions, which is on advice of 20 A — and -- 21 Counsel today, at least today, I cannot answer 21 Q Sorry. 22 those questions, but must assert my Fifth 22 A Excuse me. 23 amendment, Sixth Amendment and Fourteenth Amendment 23 Q Go ahead. 24 Right as provided by the U.S. Constitution. And 24 A And, though I would like to answer each and 25 therefore, though I would like to answer it, lam 25 every one of your questions, I am going to have to Ns. 18 (Pages 66 to 69) UNIVERSAL COURT REPORTING ) EFTA01076667 Page 70 Page 72 1 respond as I've responded to most of your other 1 advised me at least today — excuse me I cannot 2 questions here today, Mr. Horowitz, which is I am going 2 answer any questions that may be relevant to this 3 to have to assert my Sixth Amendment, Fourteenth 3 lawsuit. And I — ill do not follow their advice, 4 Amendment and Fifth Amendment Rights as provided by the 4 I risk losing their representation. Therefore, I 5 U.S. Constitution. I've been advised by counsel that if 5 am going to have to assert those rights and not 6 I don't do so, I risk losing their representation. 6 respond today. 7 Though I would like to answer, I cannot. 7 BY MR. HOROWITZ: 8 Q Durin Jane Doc 2's visit to our home in 2004, 8 Q During Jane Doe 2's visit to ur home in 2004, 9 did you 9 did ou tell her tha 10 MR. PIKE: Form. 10 11 THE WITNESS: I would like to answer that 11 A What? 12 question. I would like to answer all your 12 MR. PIKE: Form. 13 questions here today. However, on advice of 13 BY MR. HOROWITZ 14 counsel, they've advised me I must assert my Fifth 14 Q A hard clit. 15 Amendment, Sixth Amendment and Fourteenth Amendment 15 MR. PIKE: Same objection. 16 Rights as provided by the U.S. Constitution. And, 16 THE WITNESS: I would like to respond to that 17 though I would like to answer that question, I 17 question. I would like to answer that question. 18 cannot here today -- 18 However, I am going to have to respond, as I've 19 THE VIDEOGRAPHER: I need to — 19 responded to most of your other questions here 20 THE W/TNESS: — sorry — but 20 today, because my — on advice ofmy counsel. 21 MR. PIKE: If you need to finish, go ahead. 21 they've advised me I must assert my Sixth Amendment 22 THE WITNESS: — based on my counsel's advice. 22 Rights, my Fifth Amendment Rights and my Fourteenth 23 THE VIDEOGRAPHER: Time off the record 11:59 - 23 Amendment rights as provided by the Constitution. 24 11:19. 24 And if I don't do so, and I answer that question, I 25 (Thereupon, a short break was taken.) 25 risk losing their representation. So therefore, Page 71 Page 73 3. THE VIDEOGRAPHER: Time on the record 11:29. 1 unfortunately, Mr. Horowitz, though I would late to 2 This is Tape 2. 2 answer it, I cannot today. 3 BY MR. HOROWITZ: 3 BY MR. HOROWITZ: 4 Q Sir, during Jane Doe 2's visit to your home in 4 Q Did you have sexual contact with Jane Doe 2 at 5 2004, did you masturbate in front of her? 5 your Palm Beach home in late 2004? 6 MR. PIKE: Fonn. 6 MR. PIKE: Fonn, predicate, foundation. 7 THE WITNESS: Mr. Horowitz, I would like to 7 THE WITNESS: I'd very much like to answer that 8 answer every one of your questions here today. I 8 question, as I would like to answer most of your 9 specifically would like to answer that question. 9 other questions here today. However, just like 10 However, on advice counsel, they've advised me I am 10 I've answered for most of your other questions, on 11 going to have to assert my Fifth Amendment, Sixth 11 advice of my counsel today, they've advised me that 12 Amendment and Fourteenth Rights as provided by the 12 I must assert my Sixth Amendment, Fifth Amendment 13 U.S. Constitution. And if I don't follow their 13 and Fourteenth Amendment Rights as provided by the 14 advice, I risk losing their representation, so 14 U.S Constitution. And, though I would like to 15 therefore, I am going to have to assert those 15 answer it, if I do so, I risk losing their 16 rights. 16 representation; therefore, I must not respond. 17 BY MR. HOROWITZ: 17 Thank you. 18 Q During Jane Doe 2's visit to your home in 2004, 18 BY MR. HOROWITZ: 19 did you ejaculate in front ofher? 19 Q During Jane Doe 2's visit to your home in 2004, 20 MR. PIKE: Form. 20 did you pay her 5200 after you had sexual contact with 21 THE WITNESS: I'd like to answer the 21 her? 22 question. I'd like to answer most of your other 22 MR. PIKE: Form. 23 questions here today, but I am going to have to 23 THE WITNESS: Could you repeat the question for 24 respond, as I've responded to most of your other 24 me? 25 questions here today, which is my counsel has 25 BY MR. HOROWITZ: 19 (Pages 70 to 73) UNIVERSAL COURT REPORTING ) EFTA01076668 Page 74 Page 76 1 Q During Jane Doe 2's visit to your home in 2004, 1 THE WITNESS: Excuse me? 2 did you pay her S200 after you had sexual contact with 2 MR. PIKE: Go ahead. 3 her? 3 THE WITNESS: Fm sorry. I would like to 4 MR. PIKE: Form. 4 answer every one of your questions today, every 5 THE W/TNESS: I would like to answer that 5 one. However, on advice ofmy counsel, I cannot 6 question — is she saying I paid her $200? Is that 6 answer any questions that may be relevant to any of 7 in the allegation? 7 your lawsuits. And so today, on advice of counsel, 8 MR. HOROWITZ: I'm just asking the questions. 8 I must assert my Sixth Amendment, Fifth Amendment 9 THE WITNESS: I know. I'm asking you to 9 and Fourteenth Amendment Rights as provided by the 10 clarify. Is that — is it — is it in the -- in 10 Constitution, because ifI answer these questions, 11 the complaint? 11 I risk — they tell me, I risk losing their 12 MR. HOROWITZ: I'm not allowed to answer your 12 representation. 13 questions today. 13 BY MR. HOROWITZ: 14 THE WITNESS: I'm sorry. 14 All ri t. Isn't it true that you touched ■ 15 MR. HOROWITZ: I wish I could. after she indicated she did 16 THE WITNESS: I'm sorry. I wish you could 16 not want you to touch her? 17 too. Fm sure the jury would like you to answer 17 MR. PIKE: Form. 18 some ofmy questions, but today, Ill answer that 18 THE WITNESS: I would like to answer that 19 question — unfortunately, I would like to respond 19 question, as well as each and every question you've 20 to every one of your questions, every single one, 20 asked me here today regarding each and one of your 21 however, today, on advice of counsel, I cannot. 21 lawsuits. However, today, on the advice of 22 And, though I would like to answer each one of your 22 counsel, I am going to have to assert my Sixth 23 questions, on the advice of my counsel, I am going 23 Amendment, Fifth Amendment and Fourteenth Amendment 24 to have to assert my Sixth Amendment, Fifth 24 Rights as provided by the Constitution. And, 25 Amendment and Fourteenth Amendment Rights not to 25 though I would like to answer that question, as all Page 75 Page 77 1 answer, and because — ifI answer, they've advised 1 the other questions today, I am going to have to 2 me I risk losing their representation. 2 assert those rights because I've been advised that 3 BY MR. HOROWITZ: 3 not doing so, I might risk losing their counsel. 4 You never asked Jane Doe 2 for permission to 4 BY MR. HOROWITZ: correct? 5 Q Did 0 to ersuade Jane Doe 2 that it was 6 MR. PIKE: Form. 6 okay for to 7 THE WITNESS: I would like to answer each one 7 MR. PIKE: Form. 8 ofyour questions today, each one. However, on my THE WITNESS: I'd like to answer every one of 9 advice ofmy counsel, they've advised me i cannot 9 your questions here today, every one. However, on 10 answer any questions that may be relevant to your 10 advice of counsel, they've advised me that I cannot 11 lawsuit, or her lawsuit, or the lawsuit -- I guess 11 answer any questions that may be relevant to any of 12 it's the lawsuit brought by the same — one of your 12 your lawsuits. Therefore, I am going to have to 13 partners originally whose become disbarred. I 13 assert my Sixth Amendment, Fourteenth Amendment and 14 would like to answer it; however, I cannot. On the 14 Fifth Amendment Rights as provided by the 15 advice ofcounsel, I must assert my Sixth 15 Constitution because, though I would like to answer 16 Amend nest, Fourteenth Amendment and Fifth Amendment 16 those questions — that question, as well as all 17 Rights as provided by the Constitution, because 17 the other questions you've asked me here today, I 18 they've advised me that IfI answer those 18 cannot do so on advice of counsel. 19 questions, I risk losing their representation. 19 BY MR. HOROWITZ: 20 MR. HOROWITZ: Okay. Move to strike. 20 Q Sir, you don't deny that you sexually abused 21 BY MR. HOROWITZ: 21 Jane Doe 2, do you? 22 Q And isn't it true that Jane Doe 2 indicated to 22 MR. PIKE: Fonn. 23 you that she did not want you to touch her? 23 THE WITNESS: I would like to answer that 24 A I woukl like to answer - 24 question. I'd really like to answer that 25 MR. PIKE: Form. 25 question. However, I cannot on advice of counsel, 20 (Pages 74 to 77) UNIVERSAL COURT REPORTING Min (a) EFTA01076669 Page 78 Page 80 1 because they told me that I cannot answer any 1 BY MR. HOROWITZ: 2 questions that may be relevant to any of your 2 Q Okay. Did you instruct to take Jane Doe 3 lawsuits here today. And if l do so, I risk losing 3 2's name and number for the purpose of calling her to 4 their representation, so, unfortunately, Mr. 4 come to your house for more sexual activity? 5 Horowitz, I am going to have to assert those 5 MR. PIKE: Form. 6 rights. 6 THE WITNESS: I'd like to answer that question, 7 BY MR. HOROWITZ: 7 as I'd like to answer most ofyour other questions 8 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 8 that you've asked me here today. However, based on 9 to your home in late 2004? 9 advice ofcounsel, they've advised me I cannot 10 MR. PIKE: Form. 10 answer any questions that may become relevant to 11 THE WITNESS: Who? 11 any ofyour lawsuits. So, though I would like to 12 MR. HOROWITZ: Jane Doe 3. I may ask you a few 12 answer the question, Mr. Horowitz, I cannot because 13 more questions about ha name, so just kind of hold 13 my counsel has advised me that if I do, I risk 14 that name in your head. 14 losing their representation. So, unfortunately, 15 THE WITNESS: So ifs now not Jane Doe 2? 15 today I caanot answer that question. 16 MR. HOROWITZ: Well — 16 BY MR. HOROWITZ: 17 THE WITNESS: Are these two friends? I mean, 17 Q Okay. So you've asserted the Fifth Amendment 18 these are two friends here supposedly? 18 as to — privilege as to my questions about Jane Doe 2. 19 MR. HOROWITZ: Pm not allowed to answer. 19 Is there any reason a jury should not infer from your 20 THE WITNESS: Oh, you can't, sorry. I guess 20 response that you sexually abused Jane Doe 2? 21 one friend supposedly brought the other 21 MR. PIKE: Object to the form of that question, 22 acquaintance — 22 and I'm going to instruct him not to answer simply 23 BY MR. HOROWITZ: 23 because the way the question is worded, it could 24 Q My question — my question — 24 get into attorney-client communications and 25 A Sorry. Okay. Sony. What's your question? 25 potentially work product I'm not quite sure I Page 79 Page 81 1 Q Put out ofyour mind anything else you may 1 understand the question. So if you'd rephrase it, 2 register. Focus on my question to you. 2 possibly, if you can. 3 A lm going to try. 3 BY MR. HOROWITZ: 4 Q Did you pay Jane Doe 3 for bringing Jane Doe 2 4 Q You've asserted a Fifth Amendment privilege to 3 to your home in late 2004? S various questions I've asked you about Jane Doe 2. My 6 MR. PIKE: Form. 6 question is: Is there any reason in your mind, absent 7 THE WITNESS: Did I pay Jane Doe 3, Jane Doe 7 anything you've spoken to with your attorney about, why 8 2's friend? Is that — sorry. Is that — 8 the jury should not infer from your assertion of the 9 BY MR. HOROWITZ: 9 Fifth Amendment privilege, that you in fact sexually 10 Q Do you know them to be friends? 10 abused Jane Doe 2? 11 A Fm asking you, sorry. 11 MR. PIKE: Form. 12 Q Fm not allowed -- 12 THE WITNESS: Well, I believe, Mr. Horowitz, 13 A You're not allowed to testify. You can't 13 the Fifth Amendment is by the Supreme Court's 14 testify that they're friends, okay. Fm sorry. I would 14 ruling. Ifs, in fact, used to protect the 15 like to answer those questions, Mr. Horowitz. I'm sure 15 innocent, as well as certain people that might be 16 the ladies and gentlemen of the jury— these questions 16 not guilty. So in response to that question, with 17 -- these answers are pretty obvious. However, on advice 17 the fact that Jane Doe 2 -- the jury will 18 of counsel, I'm not going to be able to answer those 18 understand that Jane Doe 2's lawsuit brought by a 19 questions today. And, though I would like to, I'm going 19 partner of yours who's been disbarred, constant — 20 to have to assert my Fifth Amendment, Sixth Amendment 20 after, in fact, he brought the lawsuit, well — the 21 and Fourteenth Amendment Rights as provided by the 21 jury, I have a strange feeling will -- sorry -- the 22 Constitutions because my counsel has told me that if I 22 jury, I believe, will understand that my taking the 23 don't do so, I risk losing their — potentially risk 23 Fifth Amendment is only as a result of my counsel 24 losing their representation. So, though I would like to 24 advising me today that I must do so, because if I 25 answer that question, as I understand it, I cannot. 25 don't do so, I risk losing their representation, 21 (Pages 78 to 81) UNIVERSAL COURT G EFTA01076670 Page 82 Page 84 1 though I'd like to answer each and every one of 1 Constitution. And, though I would like to answer 2 your questions. 2 each and every one of your questions, I cannot do 3 BY MR. HOROWITZ: 3 so here today. 4 Q In this case are you asserting the Fifth 4 BY MR. HOROWITZ: 5 Amendment privilege because you are in fact innocent? 5 Q Did you ever instruct a girl named M. to 6 MR. PIKE: Font 6 bring underage girls to your home for your sexual 7 THE WITNESS: Do you want me to answer that 7 pleasure? 8 question? 8 MR. PIKE: Form. 9 MR. PIKE: Form. It's — it's the same 9 THE WITNESS: I'd like to answer each and every 10 objection. 10 one of your questions here today, Mr. Horowitz, 11 THE WITNESS: I would like to answer that 11 regarding these lawsuits that you and your 12 question. As I said before, your partner who's 12 disbarred partner -- your partner who's been 13 been disbarred after filing this lawsuit, 13 disbarred after bringing these lawsuits has 14 Mr. Edwards who's sitting there whose partner, in 14 brought. However, though I'd like to answer that 15 fact, is sitting in jail for filing lawsuits of a 15 question, as you probably understand, my counsel 16 sexual nature against people like me and others. 16 who has advised me at least today, that I cannot 17 Though I would like to answer every one of your 17 answer any questions that may become relevant or 18 questions, every single one, my counsel has advised 18 may be relevant to this lawsuit, and they've 19 me at least today that any question that may be 19 advised me I must assert my Sixth Amendment, Fifth 20 relevant to this lawsuit, I must assert my Sixth 20 Amendment and Fourteenth Amendment Rights as 21 Amendment, Fourteenth Amendment and Fifth Amendment 23. provided by the U.S. Constitution, or risk losing 22 Rights, and, though I would like to answer that 22 their representation, so unfortunately, I must 23 question, as well as every other question you've 23 respond that way. 24 asked here today, I am going to have to assert 24 BY MR. HOROWITZ: 25 those rights, or lose — risk losing their 25 Q Did you ever pay.. to bring you other Page 83 Page 85 1 representation. 1 underage girls for your sexual pleasure? 2 BY MR. HOROWITZ: 2 MR. PIKE: Form. 3 Q Okay. I am going to be asking you some 3 THE WITNESS: Can you give me the question 4 questions about Jane Doe 3. She's the Plaintiff in — 4 again? I'm sorry. 5 identified as Jane Doe Number 3. 1just want you to 5 BY OROWITZ: 6 keep her name in your head so — for this series of 6 Qmuj the — in your mind, do you know who that 7 questions, okay? 7 is? 8 A Yes. 8 A Pm listening. 9 Q Sir, isn't it true that a girl named Jane Doe 3 Q Well, that's my question -- it was a question. 10 10 11 12 came to your Palm Beach home on multiple occasions in 2004? MR. PIKE: Form. 11 12 -- A Pm sorry, what was the question? Q Do you know who I mean, in your mind, you can picture who that is, right? 13 THE WITNESS: I understand that Jane Doe 3 was 13 MR. PIKE: Form, move to strike. 14 the girl you mentioned before who was friendly with 14 THE WITNESS: Pm going up — 15 Jane Doe 2. So the two friends, I believe, you're 15 MR. HOROWITZ: It's a question. 16 just suggesting —tow, there was a question -- oh, 16 MR. PIKE: What is the question? 17 Fm asking you to testify. I'd like to answer the 17 BY MR. HOROWITZ: 18 questions about Jane Doe 3. I'd like to answer the 18 Q Do u — in your mind, can you picture — when 19 questions about your former other client you talked 19 I say 'M.% do you know who I'm talking about? 20 about, Jane Doe 2, the two friends, but I cannot 20 MR. PIKE: Form. 21 based on my advice of counsel just today at least. 21 THE WITNESS: I would like to answer each and 22 Though I would like to respond in detail, I am 22 every one of your questions brought here today 23 going to have to assert on their opinion their 23 under these lawsuits filed by you and your partner 24 advice, the Sixth Amendment, Fifth Amendment and 24 that was disbarred, but on advice of counsel here 25 Fourteenth Amendment Rights as provided by the U.S. 25 today, Mr. Horowitz, Pm going to have to assert my 22 (Pages 82 to 85) UNIVERSAL COURT REPORTING EFTA01076671 Page 86 Page 88 1 Sixth Amendment, Fourteenth Amendment and Fifth 1 because they've told me I must assert my Sixth 2 Amendment Rights. Though I would like to answer 2 Amendment, Fourteenth Amendment and Fifth Amendment 3 each and every one of your questions, l cannot do 3 Rights to any question that may become relevant to 4 so today. 4 one of your lawsuits. So, though I would like to 5 BY MR. HOROWITZ: 5 answer that question, as the other questions you've 6 Q Did you ever pay M. to bring you underage 6 asked, I must assert those rights here today. 7 girls for your sexual pleasure? 7 BY MR. HOROWITZ: 8 MR. PIKE: Form. 8 Q Sir, if you shake your head after I ask a 9 THE WITNESS: I would like to answer each one 9 question, should we infer that you're saying 'no- to my 10 of your questions that you've been posing to me 10 question? 11 today. Unfortunately, my counsel has advised mo 11 MR. PIKE: Form. I am going to instruct him 12 that today I must assert any of my rights under the 12 not to answer that question. It — Itin -- I'm not 13 Sixth Amendment, Fifth Amendment and Fourteenth 13 quite sure that you — what you're trying to do 14 Amendment to any questions that may become relevant 14 here is you're asking a — a question. His — his 15 to this lawsuit brought by you and your firm and 15 answer is his answer, and ifs a verbal answer, and 16 your partner who's been disbarred. But I would 16 you know the rules ofdeposition where nods of the 17 like to answer that question. However, today I 17 head, shakes of the head, um-hum and un-huns arc 18 cannot. 18 not understood by the court reporter. So his 19 BY MR. HOROWITZ: 19 answer is his verbal response, and no such gesture 20 Q Between 2000 — strike that. 20 should be interpreted in an manner that would 21 In 2004 and 2005, did you pay Jane Doe 3 to 21 benefit your case, Mr. Horowitz. 22 bring other minor girls to your home for your own sexual 22 MR. HOROWITZ: Okay. Well, the video will -- 23 gratification? 23 will will be played, and persons who view the 24 MR. PIKE: Form. 24 video will — will determine from themselves — for 25 THE WITNESS: This is Jane Doe 3, the same girl 25 themselves — Page 87 Page 66 1 as before, who's the friend ofall of the girls you 1 MR. PIKE: Absolutely. 2 keep talking about; is that what you're saying? 2 MR. HOROWITZ: -- what to Infer from nodding -- 3 BY MR. HOROWITZ: 3 MR. PIKE: But he's not -- 4 Q Is that your testimony? 4 THE REPORTER: Wait — 5 A This is your testimony —I'm sorry — this is 5 MR. HOROWITZ: — or shaking of the head. 6 your -- Fm trying to understand the question. 6 MR. PIKE: Pm sorry. Correct, but he's not 7 Unfortunately, I would like to answer that 7 going to answer that question. 8 question. However, on advice of counsel here today, 8 MR. HOROWITZ: Okay. 9 they've informed me that I must assert my Sixth 9 BY MR. HOROWITZ: 10 Amendment, Fourteenth Amendment and Fifth Amendment 10 Q Did you instructM. to communicate by 11 Rights. 11 telephone withII. for the purpose of arranging for 12 Though I would like to answer each and every 12 underage girls to come to your home to engage in sexual 13 one of your questions, I am going to have to respond to 13 activity? 14 that question the same way I've responded to mostly each 14 MR. PIKE: Form. 15 one of your other questions here today and refuse to 15 THE WITNESS: I would like to answer each and 16 testify. 16 every one of your questions posed today about the 17 BY MR. HOROWITZ: 17 various lawsuits brought by you and your disbarred 18 Q In 2004 did you receive a phone call from 18 partner -- your partner who was disbarred after 19 In which she informed you that she was bringing Jane Doe 19 they filed these lawsuits. However, on advice of 20 3 to your home for you to engage in sexual activity? 20 counsel, they've told me I must assert my Sixth 21 MR. PIKE: Form. 21 Amendment, Fifth Amendment and Fourteenth Amendment 22 THE WITNESS: Did I receive a call? 22 Rights as provided by the U.S. Constitution, or if 23 MR. HOROWITZ: That's my question. 23 I testify I risk losing their representation. So, 24 THE WITNESS: I would like to answer that 24 though I would like to answer each one of your 25 question, however, on advice of counsel, I cannot 25 questions, Mr. Horowitz, I cannot do so today. 23 (Pages 86 to 89) UNIVERSAL COURT REPORTING ( EFTA01076672 Page 90 Page 92 1 BY MR. HOROWITZ: 1 creating and fabricating cases of a sexual nature I 2 Q Did you call — did you instruct to call 2 against me and other people. I cannot answer that 3 Jane Doe 3 by telephone to arrange for you to get a 3 question today. 4 massage? 4 BY MR. HOROWITZ: 5 MR. PIKE: Form. 5 Q Did tell you that she confirmed by 6 THE WITNESS: Mr. Horowitz, rd like to answer 6 telephone that iane Doe 3 would be coming to your home 7 each and every one of your questions, but I am 7 at a specific time to give you a massage? 8 going to have to respond today like I've responded 8 MR. PIKE: Form. 9 to most of your other questions asked here today. 9 THE WITNESS: I'd like to answer that question 10 I am going — by — on the advice of counsel, I am 10 Mr. Horowitz, as I'd like to answer most of your 11 going to have to assert my Sixth Amendment, 11 other questions posed here today, but as I've 12 Fourteenth Amendment and Fifth Amendment rights not 12 responded to mostly all your questions here today, 13 to answer any questions brought by you, your fin), 13 on advice of counsel, they've advised me I must 3.4 your partner that was disbarred from the Florida 14 assert my Sixth Amendment, Fifth Amendment and 15 Bar after bringing these lawsuits, and I am going 15 Fourteenth Amendment Rights provided by the U.S. 16 to have to refuse to answer that question, Fm 16 Constitution. 17 sorry. 17 MR. HOROWITZ: Uh-huh. 18 BY MR. HOROWITZ: 18 THE WITNESS: And WI don't do so, I risk 19 Q Did you inform s that the massage Jane Doe 3 19 losing their representation. And, though your firm 20 was to give you would be sexual in nature? 20 and its partner that was disbarred after bringing 21 MR. PIKE: Form. 21 these cases, Mr. Edwards's firm, his partner sits 22 THE WITNESS: I would like to answer that 22 in the jail accused of» of the largest fraud in 23 question, but unfortunately, I am going to have to 23 South Florida's history, I would like nothing more 24 answer that question as Eve answered most of your 24 than to answer that question, but I must follow the 25 other questions here today. On advice of counsel, 25 advice of counsel, or they've told me I risk losing Page 91 Page 93 1 they've advised that I must assert my Sixth 1 their representation. 2 Amendment Rights; my Fourteenth Amendment Rights 2 BY MR. HOROWITZ: 3 and my Fifth Amendment rights as provided by the 3 Q Since you've mentioned my partner who you 4 U.S. Constitution. And, though I would like to 4 describe as disbarred and you also mentioned 5 answer these questions brought by you — you, your Mr. Rodtstein's involvement, are you suggesting that 6 disbarred partner, or Mr. Edwards' firm whose 6 Jane Doe 3 fabricated her allegations of abuse after 7 partner sits in jail for — for what the U.S. 7 corning into contact with one of these attorneys? 8 Attorney calls a criminal enterprise, I would like B A I want -- 9 nothing more than to answer that question, but 9 MR. PIKE: Form. 10 today I am going to have to assert those rights, 10 THE WITNESS: I believe the jury will decide 11 BY MR. HOROWITZ: 11 that. I believe the jury will decide that 12 Q Did you observe speaking with IS by 12 Mr. Rothstein, Mr. Edwards' partner who sits in 13 telephone and arranging for Jane Doe 3 to come to your 13 jail, accused by the U.S. Attorney of the largest 14 home for a massage? 14 fraud in South Florida's history for crafting cases 15 MR. PIKE: Form. predicate, foundation. 15 of a sexual nature, crafting, fabricating it's 16 THE WITNESS: I will much — I'd very much like 16 not my words — it's words in the paper — against 17 to answer that question, like most of your other 17 people like me and others, to try to get as much 18 questions here today; however, upon advice of 18 money as they could according to the newspapers. 19 counsel, they've advised me I must assert my Sixth 19 I'm sorry, but I would like to answer that question 20 Amendment, Fifth Amendment and Fourteenth Amendment 20 asked to me before, but I cannot under advice of 21 Rights as provided by the U.S. Constitution. And, 21 counsel, who've told me I must in response to any 22 though I would like to answer each and every one of 22 questions that may be relevant to your lawsuit, 23 your questions brought by you, your firm, your 23 today at least, to assert my Sixth Amendment, 24 partner that was disbarred after bringing these 24 Fourteenth Amendment and Fifth Amendment Rights 25 claims, Mr. Edwards' firm that's been accused of 25 under the U.S. Constitution. May I take a break or 24 (Pages 90 to 93) UNIVERSAL COURT REPORTING (a (M) EFTA01076673 Page 94 Page 96 1 a rest? 1 answered? 2 MR. HOROWITZ: Yes. 2 BY MR. HOROWITZ: 3 THE WITNESS: Okay. Thank you. 3 Q No. My earlier question was: Was it your 4 THE VIDEDORAPliER: Time off the record 11:52. 4 Intent to engage in sexual activity. My question now, 5 (Thereupon, a short break was taken.) 5 it's a very specific one — 6 THE VIDEOOftAPHER: Time on the record 12:00. 6 A Okay. 7 BY MR. HOROWITZ: 7 Q -- during the course of Jane Doe 3's first 8 Q Sir, we have ban discussing Jane Doe 3. Was 8 visit to your home, did you in fact persuade, induce or 9 it your intent during the course of Jane Doe 3's first 9 entice ha to engage in sexual activity? 10 visit to your home that you would persuade, induce or 10 A I'd like to answer that question. Pd like to 11 entice her to engage in sexual activity? 11 answer every one of your questions here today, 12 MR. PIKE: Form. 12 Mr. Horowitz, and I think the answer is pretty obvious: 13 THE WITNESS: I'd like to answer that question, 13 however, I cannot, because under advice ofcounsel, 14 as I'd like to answer every one of your questions 14 they've advised me I must assert Fifth Amendment, Sixth 15 here today, Mr. Horowitz however, on advice of 15 Amendment and Fourteenth Amendment Rights as provided by 16 counsel, I've been informed I must assert my Sixth 16 the Constitution. And if I choose to answer, I risk 17 Amendment, Fourteenth Amendment and Fifth Amendment 17 losing that representation no matter how much I'd like 18 Rights as provided by the U.S. Constitution. And, 18 to answer that question. 19 though I'd like to answer the questions provide -- 19 Q At no time did Jane Doe 3 tell you that she was 20 asked by you, unfortunately, your — the person who 20 18 or olda, comet? 21 filed the lawsuits on your firm's behalf, your 21 MR. PIKE: Fonn. 22 partner, Jeffrey Herman, who's been disbarred after 22 THE WITNESS: Pd like to answer every one of 23 they filed this lawsuit, sued by one of your other 23 your questions. Pd like to answer that question 24 clients -- one of the girls' parents because he 24 specifically. However, sitting here today, I've 25 brought a lawsuit — some — some craziness — I 25 been advised by my counsel that I cannot answer any Page 95 Page 97 1 would like to answer every one of your questions; 1 questions that may be relevant to your -- one of 2 however, my counsel has told me I cannot today, so 2 your lawsuits. And, though it was brought, I 3 I must assert those rights, or risk losing their 3 believe, your partner that was later disbarred and 4 representation. 4 had some association with Mr. Edwards who's sitting 5 BY MR. HOROWITZ: 5 there with his partner who sits in jail accused of 6 Q Sir, are you testifying that my partner was 6 ono of the largest frauds in South Florida's • 7 sued by a -- a former client? 7 history. The U.S. Attorney accused his firm while 8 A I don't remember — I don't recall — I believe 8 he's sitting there accused of being a criminal 9 the — parents, who the first was initially — 9 enterprise, I'd like to answer each one of your 10 this is according to the newspapers -- your -- Mr. 10 questions; however, my counsel has advised me today 11 Herman's clients, I believe. The other the parent — 11 that I must assert my Sixth Amendment, Fourteenth 12 the person who he represented said that in fact he never 12 Amendment and Fifth Amendment Rights, so 13 represented her, but I don't have the full details. 13 unfortunately, I cannot. 14 BY MR. HOROWITZ: 14 BY MR. HOROWITZ: 15 Q But are you -- are you suggesting that he was 15 Q Okay. In your own mind, when Jane Doe 3 was at 16 sued by her — by a former client? 16 your home, you didn't believe that she was 18 or older, 17 A I did not 17 did you? 18 Q Pardon me? 18 MR. PIKE: Form. 19 A No, I did not. 19 THE WITNESS: I'd like to answer each one of 20 Q Okay. During the course of Jane Doe 3's first 20 your questions, Mr. Horowitz, here today, but 21 visit to your home, did you in fact persuade, induce or 21 unfortunately I'm going to have to respond to that 22 entice her to engage in sexual activity with you? 22 question, as I've responded to most of your other 23 A I just answered that question, didn't I? 23 questions here today, which is that at least for 24 MR. PIKE: Form. 24 today, my counsel has advised me that I cannot 25 THE WITNESS: Wasn't that the question I jest 25 answer any questions that may be relevant to any 25 (Pages 94 to 97) UNIVERSAL C RT REPORTING ( ( EFTA01076674 Page 98 Page 100 1 one of your lawsuits brought by your firm and your 1 lawsuit. I'd like to answer every one of your 2 partner whose — who was disbarred after they 2 questions here today; however, on advice ofmy 3 brought these lawsuits, or the questions Mr. 3 counsel, I'm told that I must assert my Sixth 4 Edwards might pose via his partner sitting in jail, 4 Amendment, Fourteenth Amendment and Fifth Amendment 5 or a new jail according to the newspapers, accused 5 Rights, and ifI choose to answer that question. I 6 of the largest fraud in South Florida's history for 6 risk losing their representation. So, though I 7 crafting cases of sexual nature against people like 7 would like to answer that question, as you probably 8 me and others. So, though I'd like to answer that 8 understand, I cannot do so today. 9 question, as your other questions, unfortunately, I 9 BY MR. HOROWITZ: 10 am going to have to assert my Fifth Amendment, 10 Q When Jane Doe 3 was at your home, she told you 11 Sixth Amendment and Fourteenth Amendment Rights as 11 she attended didn't she? 12 provided by the U.S. Constitution. 12 MR. PIKE: Form. 13 BY MR. HOROWITZ: 13 THE WITNESS: I'd like to answer every one of 14 Q Do you base your assertion of the Fifth 14 your questions here today. Mr. — Horowitz, right, 15 Amendment privilege on the fact that Jane Doe 3's 15 Horowitz? 16 attorney was supposedly disbarred? 16 MR. HOROWITZ: (Nods head). 17 THE REPORTER: "Jane Doe 3's attorney was" — 17 THE WITNESS: However, on advice of counsel, I 18 MR. HOROWITZ: "Supposedly disbarred." 18 cannot answer those questions. They've asked me to 19 MR. PIKE: I am going to object. That could 19 assert my Sixth Amendment, Fourteenth Amendment and 20 get into attorney-client work product information. 20 Fifth Amendment Rights. And if I choose to answer, 21 I am going to instruct him not to answer that 21 I risk losing their representation. Though your 22 question, Mr. Horowitz. 22 partner after filing this lawsuit was disbarred 23 BY MR. HOROWITZ: 23 firm the Florida Bar, the — your — the man 24 Q Are you — are you suggesting that Jane Doe 3 24 sitting to your right, his partner sits in jail 25 is lying because, in your mind, she has an attorney who 25 accused of the largest fraud in South Florida's Page 99 Page 101 3. was disbarred? 1 history for crafting — 2 MR. PIKE: Form. 2 MR. HOROWITZ: Uh-huh. 3 THE WITNESS: I would let the jury decide that 3 THE WITNESS: — cases of a sexual nature 4 fact. My suggestions — I'd like to answer every 4 against me and people like me. I would like to one of your questions here today. I'd like to 5 answer those questions, but unfortunately today, I 6 respond regarding the — her attorney that was 6 cannot do so. • 7 disbarred. I'd like to answer questions with 7 BY MR. HOROWITZ: 8 respect to Mr. Edwards' partner who sits in jail 8 Q You were nude in front of Jane Doe 3 in 2004, 9 for crafting cases of a sexual nature, making 9 weren't you? 10 allegations against people like me and others; 10 MR. PEKE: Form. 11 however today, on advice of counsel, Mr. Horowitz, 11 MR. HOROWITZ: I'd like to answer each and 12 I am going to have to assert my — under — under 12 every one of your questions here today, Mr. 13 advice of counsel, I am going to have assert my 13 Horowitz; however, on the advice ofmy counsel, I 14 Sixth Amendment, Fourteenth Amendment and Fifth 14 cannot. They've advised me I must assert my Sixth 15 Amendment Rights, and Pm told that if I choose to 15 Amendment Rights, Sixth Amendment, Fourteenth 16 answer that question, I risk losing their 16 Amendment and Fifth Amendment Rights, so that to 17 representation, so unfortunately, I cannot answer 17 any question that might be relevant to any ofyour 18 that today. 18 lawsuits crafted by your partner, who I believe has 19 BY MR. HOROWITZ: 19 been disbarred since filing the lawsuits, and 20 Q Is it your contention today that Scott 20 Mr. Edwards sitting there with his partner, Mr. 23. Rothstein fabricated Jane Doe 3's lawsuit? 21 Rothstein, who's currently sitting in jail for 22 MR. PIKE: Fain. 22 crafting cases of a sexual nature against people 23 MR. HOROWITZ: I would like to answer that 23 like me and others, I'd like to answer each and 24 question. I would like to answer -- I believe your 24 every one of your questions; however today, my -- 25 partner, Mr. Herman, was disbarred after filing the 25 on advice of counsel, I cannot do so. 26 (Pages 98 to 101) UNIVERSAL COURT REPORTING ( ( ) EFTA01076675 Page 102 Page 104 1 BY MR. HOROWITZ: 1 question. Id like to answer every question you've 2 Q In 2004 did you instnict Jane Doe 3 to remove 2 asked here today. However, upon advice of counsel, 3 her clothing? 3 theyve advised me I must assert my Sixth 4 MR. PIKE: Form. 4 Amendment, Fifth Amendment and Fourteenth Amendment 5 MR. HOROWITZ: Can you repeat the question? 5 Rights — so that cases brought by attorneys like 6 BY MR. HOROWITZ: 6 you and your partner, Jeffrey Herman, who held a 7 Q Remember we — we have been talking about Jane 7 press conference on the streets outside Palm Beach, 8 Doe 3. 8 he was brought — then later disbarred by the 9 A I'm doing my best. 9 Florida Bar Association -- Ed like to answer every 10 Q In 2004 did you instruct Jane Doe 3 to remove 10 one of your questions. However, today, on advice 11 her clothing? 11 ofcounsel, I cannot. 12 MR. PIKE: Font 12 BY MR. HOROWITZ: 13 THE WITNESS: I would like to answer that 13 Q In 20O4didyou for 14 question. I would like to answer each and every 14 your own sexual gratification? 15 one of your other questions here today. However, 15 MR. PIKE: Form. 16 upon advice ofmy counsel, they've advised me I 16 THE WITNESS: I'd like to answer each and every 17 must assert my Sixth Amendment, Fourteenth 17 one of your questions posed today, Mr. Horowitz. 18 Amendment and Fifth Amendment Rights. So, though 18 However, at least today upon advice of counsel, I 19 I'd Bice to answer these questions posed by you 19 — I cannot answer those questions, and I — and 1 20 your partner who's been disbarred, Mr. Edwards' 20 must assert, on advice of my counsel, my Sixth 21 partner who sits in jail for crafting lawsuits of a 21 Amendment, Fifth Amendment and Fourteenth Amendment 22 sexual nature against people like me and others — 22 Flights under the U.S. Constitution. And though 23 so, though I would like to answer those questions 23 this lawsuit brought by you and your partner who's 24 with great specificity, I cannot under the advice 24 been disbarred by the Florida Bar Association after 25 of counsel, so therefore, I'm sorry. 25 bringing this lawsuit, sitting next to Mr. Edwards Page 103 Page 105 1 BY MR. HOROWITZ: 1 whose partner sits in jail for bringing cases of a 2 Q In 2004 did you instruct Jane Doe 3 to pinch 2 sexual nature, fabricated cases of a sexual nature, 3 your nipples and rub your chest? 3 and fleecing investors out of millions of dollars 4 MR. PIKE: Form. 4 in South Florida, I'd like to answer each and every 5 THE WITNESS: N like to answer that 5 one of your questions. However today, I cannot do 6 question. Id like to answer that question very 6 so upon advice of counsel. much. However, on advice ofcounsel, they've 7 BY MR. HOROWITZ: 8 instructed me that I cannot answer any questions 8 Q in 2004 did you touch for 9 today that may be relevant to any of your lawsuits 9 your own sexual gratification? 10 filed by you, your partner. Jeffrey Herman, that 10 MR. PIKE: Form. 11 was disbarred by the Florida Bar Association after 11 THE WITNESS: I'd like to answer that 12 filing these lawsuits, questions posed by Mr. 12 question. I'd very much like to answer that 13 Edwards and his firm whose partner sits in jail 13 question, like all the other questions you've asked 14 accused by the U.S. Attorney of perpetrating the 14 here today, questions posed by your firm, your 15 largest fraud in U.S. history by fabricating — 15 partner, Jeffrey Herman, whose been disbarred by 16 totally fabricating cases against people like me 16 the Florida Bar Association after bringing this 17 and others. Though I would like to answer those 17 case, Mr. Edwards' partner, Scott Rothstein, whose 18 questions, I am going to have to assert my Sixth 18 purpose was — according to the U.S. Attorney, ran 19 Amendment, Fourteenth Amendment and Fifth Amendment 19 with Mr. Edwards and part of the firm, the largest 20 Rights as advice of — upon advice of counsel. 20 fraud — one of the largest frauds in South 21 BY MR. HOROWITZ: 21 Florida's history for fabricating cases, misleading 22 Q In 2004 did you ask Jane Doe 3 questions about 22 investors, fleecing unsuspecting investors out of 23 her sexual experience and preferences? 23 millions of dollars by fabricating cases of a 24 MR. PIKE: Font 24 sexual nature against people like me and others. 25 THE WITNESS: I'd like to answer that 25 However, my counsel today has advised me that I at...n.901 C 27 (Pages 102 to 105) UNIVERSAL COURT REPORTING IIIIIIIIIIIII/ ( ( ) EFTA01076676 Page 106 Page 108 1 cannot answer those questions — any questions that 1 assert my Sixth Amendment, Fourteenth Amendment and 2 may be relevant to any of your lawsuits. So, 2 Fifth Amendment Rights, not to answer that 3 though I would like to answer that question today, 3 question. Ed like to answer it, though your 4 I am going to have to rely on my counsel's advice. 4 partner who brought this lawsuit has been disbarred 5 BY MR. HOROWITZ: 5 after bringing the lawsuit. Mr. Edwards' partner 6 Q In 2004 did you rub 6 who sits next to you, his partner sits in jail for 7 MR. PIKE: Fonn. 7 fabricating cases of a sexual nature against people B THE WITNESS: Excuse me. I'd like to answer 8 like me, fleecing people out ofmillions of dollars 9 that question, as I would like to answer mostly 9 because this is about - about - ofmoney. Just a 10 every question you've asked me hem today; however, 10 money, money case. I'd like to answer those 11 upon advice of counsel, I cannot answer that 11 questions, Mr. Horowitz. However, my counsel today 12 question. They've advised me I must assert my 12 has said, I cannot answer any questions today that 13 Sixth Amendment, Fifth Amendment and Fourteenth 13 may be relevant to this lawsuit, and I must accept 14 Amendment Rights against self excuse me, against 14 their advice, or risk losing their representation. 15 -- under the U.S. Constitution. And though your 15 BY MR. HOROWITZ: 16 partner, Jeffrey Herman, was disbarred after filing 16 Q In 2004 did you ejaculate in front of Jane Doe 17 this lawsuit, Mr. Edwards' partner sits in jail for 17 3? 18 fabricating cases of a sexual nature, fleecing 18 MR PIKE: Form. 19 unsuspecting Florida investors and others out of 19 THE WITNESS: rd like to answer that question. 20 millions of dollars for cases of a sexual nature 20 However, today my counsel has advised me that I 21 with — I'd like to answer your questions; however, 21 cannot answer any questions that may be relevant to 22 if I I'm told that if I do so, I risk losing my 22 your lawsuits, and Fm going to have to answer that 23 counsel's representation; therefore, I must accept 23 question as I've answered most of your other 24 their advise. 24 questions here today. This is no different than 25 BY MR. HOROWITZ: 25 the other questions I've had to answer where my Page 107 Page 109 1 In 2004 did ou try to insert your fingers into 1 counsel has advised me that I have to take these 2 2 rights, but I prefer to answer, but ifI do so, I 3 MR. PIKE: Form. 3 risk losing their representation. And, though 4 THE WITNESS: I'd like to answer that 4 posed by you and your partner, Jeffrey Herman, that 5 question. I'd like to answer every one of your 5 was disbarred after filing these lawsuits, sitting 6 questions here today; however, my counsel has 6 next to Mr. Edwards, whose partner sits in jail 7 advised me that I cannot answer any questions that 7 accused of the largest - perpetrating the largest 8 may be relevant to any of your lawsuits brought by 8 - one of the largest Melds in South Florida's 9 you and your disbarred partner, Jeffrey Herman, or 9 history, accused by the U.S. Attorney of being a 10 the questions by Mr. Edwards' partner, Scott — his 10 his firm of being a criminal enterprise, I'd like 11 firm, Scott Rothstein's fir, who -- Scott 11 to answer each and every one of your questions; 12 Rothstein sits in jail for fabricating cases of a 12 however, today under the advice of counsel, I 13 sexual nature — excuse me — 13 cannot 14 MR. HOROWITZ: Continue. 14 BY MR. HOROWITZ: 15 THE WITNESS: So, though I'd like to answer 15 Q Did you have sexual contact with Jane Doe 3 16 that question, as Pa like to answer each and every 16 during a massage in 2004? 17 one of your questions today, I cannot do so on -- 17 MR. PIKE: Form. 18 upon advice of counsel. 18 THE WITNESS: I'd like to answer that question, 19 BY MR. HOROWITZ: 19 as I'd like to answer each and every one of your 20 Q In 2004 did you masturbate in front of Jane Doe 20 other questions here today. However, upon the 21 3? 21 advice of counsel, I cannot. And they've asked me 22 MR. PIKE: Form. 22 that -- they've required me to assert my Sixth 23 THE WITNESS: I'd like to answer each and every 23 Amendment, Fourteenth Amendment and Fifth Amendment 24 one ofyour questions, especially that one today; 24 Rights as provided by the U.S. Constitution. 25 however, my counsel has advised me that I must 25 Though your firm's partner sits disbarred -- 28 (Pages 106 to 109) UNIVERSAL COURT REPORTING EFTA01076677 Page 110 Page 112 1 Jeffrey Herman is disbarred after he brought this 1 people like me. So as you might imagine, I would 2 case, Mr. Edwards' partner sits in jail accused by 2 like to answer these questions, but like the other 3 the I Attorney of perpetrating the largest fraud 3 questions I've asked — I've answered here today, I 4 in U.S. or south Florida's history for fabricating 4 am going to have to accept my attorney's counsel or 5 cases of a sexually charged nature against me and 5 risk losing their representation. 6 people like me. So, though I would like to answer 6 BY MR. HOROWITZ: 7 your questions with specificity, Mr. Horowitz, I 7 Q In fact, sir, Jane Doe 3 indicated to you that 8 cannot do so here today upon advice of counsel. 8 she did not want you to isn't that 9 BY MR. HOROWITZ: 9 correct? 10 Q During her first visit in 2004 to your home, 10 MR. PIKE: Fonn. 11 did you pay $200 to Jane Doe 3 after you had sexual 11 THE WITNESS: I'd like to answer all your 12 contact with her? 12 questions here today, Mr. Horowitz. I would really 13 MR. PIKE: Form. 13 like to answer that question specifically. 14 THE WITNESS: I'd like to answer that 14 However, as I sit here today, my counsel has 15 question. I'd really like to answer that 15 advised me that I must assert my Sixth Amendment 16 question. I cannot do so, however, because my 16 Rights, my Fourteenth Amendment Rights and my Fifth 17 counsel has told me that I cannot answer any 17 Amendment Rights as provided by the U.S. 18 questions relevant — that may be relevant to any 18 Constitution. So, though you and your partner. 19 of your lawsuits filed by you and your partner, 19 Jeffrey Herman, who filed this lawsuit, held a 20 Jeffrey Herman, who was disbarred — disbarred by 20 press conference in Palm Beach months before he 21 the Florida Bar Association after filing these 21 became disbarred -- disbarred — he's no longer an 22 lawsuits, or Mr. Edwards' partner who sits in jail 22 attorney is my understanding now, but he was 23 accused of perpetrating one of the largest frauds 23 disbarred by the Florida — the Florida Bar 24 in South Florida's history, fleecing South Florida 24 Association, or Mr. Edwards' partner who sits in 25 investors of millions of dollars by crafting, 25 jail accused of fabricating cases strictly to get Page 111 Page 113 1 fabricating and falsely creating cases of a sexual 1 money from Florida investors, from Florida people, 2 nature against people like me and others in order 2 I'd like to answer each and every one of your 3 to simply gain money. So, though I'd like to 3 questions, Mr. Horowitz, but today, on advice of 4 answer your questions, Mr. Horowitz, I am going to 4 counsel, I cannot. 5 have to answer this question, as I've answered most 5 BY MR. HOROWITZ: 6 of your questions here today, which is on the 6 Q Sir, you touched 7 advice of counsel I cannot answer. while she was ...Me se a in t 8 BY MR. HOROWITZ: you she dad not want you to touch her; isn't that right? 9 You never asked Jane Doe 3 for permission to 9 MR. PIKE: Form, asked and answered. 10 did you? 10 THE WITNESS: I'd lila to answer each and every 11 MR. PIKE: Form, asked and answered. 11 one of your questions today, Mr. Horowitz, 12 THE WITNESS: I'd like to answer that question, 12 however, upon advice of my counsel I cannot. 13 as I would like to answer most of your other 13 They've asked me -- they've required me to assert 14 questions here today. However, upon advice of my 14 my Sixth Amendment, Fourteenth Amendment and Fifth 15 counsel -- excuse me -- they've instructed me that 15 Amendment Rights as provided by the U.S. 16 I must assert my Sixth Amendment, Fourteenth 16 Constitution to any questions that may be relevant, 17 Amendment and Fifth Amendment Rights of provided 17 or may become relevant to this lawsuit. So, though 18 by the U.S. Constitution. And, though you, your 18 your partner was disbarred after you filed this 19 partner, Jeffrey Herman — excuse me — who was 19 claim, or your firm filed this claim, Mr. Edwards 20 disbarred by the Florida Bar Association after 20 who sits next to you, his partner sits in jail, so 21 filing this case and your other cases, or Mr. 21 I'd like to answer each one of these questions. 22 Edwards' partner who sits in jail — sits in jail, 22 However, today, on the advice of counsel, I cannot. 23 accused of perpetrating one of the largest frauds 23 BY MR. HOROWITZ: 24 in Florida's history by maliciously fabricating 24 Q Did you try to persuade Jane Doe 3 that it was 25 cases of a sexual nature against me and other 25 okay for you to 29 (Pages 110 to 113) UNIVERSAL COURT REPORTING (IIIII) EFTA01076678 Page 114 Page 116 1 MR. PIKE: Form. 1 MR. PIKE: Form, asked and answered. 2 THE WITNESS: I would like to answer each and 2 THE WITNESS: I would like to answer every one 3 every one of your questions here today, 3 ofyour questions, Mr. Horowitz, posed here today. 4 Mr. Horowitz, however, upon advice of counsel, I'm 4 Unfortunately, I guess, your — your other partner 5 — they've required me to assert my Fourteenth 5 who filed these lawsuits has been disbarred in the 6 Amendment, Sixth Amendment and Fifth Amendment 6 interim by the Florida Bar Association, so he's not 7 Rights as provided by the U.S. Constitution. So, 7 here today. However, I'd like to answer those 8 although I would like to answer that question, and 8 questions, but my counsel has told me that I have 9 respond to questions posed by you, for, I guess, 9 to assert my Sixth Amendment, Fifth Amendment and 10 your partner, Mr. Herman, who has been disbarred by 10 Fourteenth Amendment Rights as provided by the U.S. 11 the Florida Bar Association after filing these 11 constitution. So, though I would like to answer 12 cases, disbarred, or Mr. Edwards' partner who sits 12 your questions, Mr. Edwards' questions whose 13 next to you, has filed other cases where his 13 partner sits in jail for perpetrating one of the 14 partner sits in jail for fabricating cases, trying 14 largest frauds in South Florida's history, accused 15 to get money from Florida investors, I'd lace to 15 by the U.S. Attorney — his firm accused by the 16 answer each one ofyour questions here today Mr. 16 U.S. Attorney is now -- the firm is bankrupt by 17 Horowitz, but upon advice of counsel, they've 17 perpetrating the -- one of the largest frauds in 18 advised me that if I do so, I risk losing their 18 South Florida's history and being called a criminal 19 representation, so I must accept their advice. 19 enterprise by the current South Florida's U.S. 20 BY MR. HOROWITZ: 20 Attorney, I would like to answer every one of your 21 Q Mr. Epstein, you don't deny that you sexually 21 question, very much so, however, my -- on advice of 22 abused Jane Doe3 when she was a child, do you? 22 counsel, I cannot do so here today. 23 MR. PIKE: Form. 23 BY MR. HOROWITZ: 24 THE WITNESS: I would like to answer every one 24 Q Sir, is there any reason in your mind that a 25 of your questions here today, Mr. Horowitz, but 25 jury should not infer from your assertion of the Fifth Page 115 Page 117 1 like in response to most of your other questions 1 Amendment privilege, that you sexually abused Jane Doe 3 2 here today, I cannot. On the advice of counsel, 2 when she was a child? 3 they've told me I must accept their advice or risk 3 MR. PIKE: Form, speculation, calls for a legal 4 losing their representation. They've advised me 4 conclusion. 5 that I must assert my Sixth Amendment, Fourteenth 5 THE WITNESS: The Supreme Court has said that 6 Amendment and Fifth Amendment rights. So, though 6 the Fifth Amendment should be used by people who 7 your partner, Jeffrey Herman, was disbarred after 7 are innocent, Mr. Horowitz. That's one of the 8 filing these cases, disbarred, no longer an 8 benefits of the Fifth Amendment. My counsel has 9 attorney, Mr. Edwards' partner who sits to your 9 advised me I cannot answer your questions here 10 right, his partner sits in. I believe, Saint Luck 10 today, though I'd like to. I'm sure this — these 11 Jail according to today — today's newspaper, 11 soft of embarrassing questions posed for the jury 12 accused of perpetrating the largest fraud in South 12 where your partner has been disbarred since filing 13 Florida history against people like me, crafting. 13 this claim, or Mr. Edwards' partner who sits in 14 fabricating, malicious sexually charged -- cases of 14 jail probably for the rest ofhis life for crafting 15 a sexually charged nature in order to fleece 15 cases of a sexual nature to fleece people for -- of 16 investors, I would like to answer that question. 16 money, just money, money, money. His firm is 17 However today, I must accept my client's — 17 bankrupt. So, yes, Pd like to answer these 18 attorney's advice. 18 questions, and all your questions here today, but 19 BY MR. HOROWITZ: 19 unfortunately, on advice of counsel, I cannot. 20 Q Mr. Epstein, did you instruct to take Jane 20 BY MR. HOROWITZ: 21 Doe 3's name and telephone number for the purpose of 21 Q Sir, are you asserting your Fifth, Sixth and 22 calling her home - strike that. 22 Fourteenth Amendment privileges because you're 23 Did you instruct It to take Jane Doe 3's name 23 innocent? Is that what you're telling us? 24 and telephone number for the purpose of calling Jane Doe 24 MR. PIKE: Form. 25 3 to come to your home for sexual activity? 25 THE WITNESS: I would like to answer every one 30 (Pages 114 to 117) UNIVERSAL COURT REPORTING ( ) EFTA01076679 Page 118 Page 120 1 of your questions posed by you, your partner, Mr. 1 lunch. It is 12:35 right now. If you want to keep 2 Herman, who's been disbarred by the Florida Bar 2 going for another 10 minutes, we'll go for another 3 after filing this claim, Mr. Edwards' partner who 3 10 minutes, or if you want to just break now for 30 4 sits in jail, his firm accused by the U.S. Attorney 4 minutes, go grab something to eat, and then come 5 — accused by the U.S. Attorney of being a criminal 5 back 6 enterprise, for fleecing South Florida investors 6 MR. HOROWITZ: Yeah. I mean, this line of 7 out of millions of dollars by crafting, malicious, 7 questioning is going to be more than 10 minutes, so 8 fabricated cases of a sexual nature against people 8 I would suggest we take our break now. 9 — other people me and others, I would like to 9 MR. PIKE: You want to take lunch right now? 10 answer each and every one of your questions. 10 MIL HOROWITZ: Yeah. 11 However today, on advice of counsel, I cannot 11 MR. PIKE: Okay. 12 answer any of your questions that may be relevant 12 THE WITNESS: All right. Thank you. 13 to this lawsuit. 13 THE VIDEOGRAPHER: Time off the record 12:30. 14 BY MR. HOROWITZ: 14 (Thereupon, a lunch break was taken.) 15 Q Sir, you know I also represent Jane Doe Number 15 THE VIDEOGRAPHER: Time on the record 1:11. 16 4, do you understand that? 16 This is Tape 3. 17 MR. PIKE: Form. 17 BY MR. HOROWITZ: 18 THE WITNESS: Yes. 18 Q Mr. Epstein, did you pays $200 to bring a 19 BY MR. HOROWITZ: 19 girl named Jane Doe 4 to your home so that you could 20 Q Okay. Isn't it true, sir, that a girl named 20 engage Jane Doe 4 in sexual activity? 21 Jane Doe 4 came to your Palm Beach home on multiple 21 MR. PIKE: Form. 22 occasions between 2003 and 2005? 22 THE WITNESS: Mr. Horowitz, I'd like to answer 23 A Could we take a break? Is that it? 23 that. I am going to have to answer that question, 24 Q I would like you to answer that question. 24 as I've answered most of your questions here today, 25 A Sony. I'd like to answer that question. I'd 25 which is upon advice of counsel, I am going to have Page 119 Page 121 1 like to answer every question you've posed here today 1 to assert my Sixth Amendment, Fourteenth Amendment 2 about you — about these girls you say came to my 2 and Fifth Amendment Right, though I'd like to 3 house. However, on advice ofcounsel, I cannot answer 3 answer that question. 4 that question today. I have to assert, on the advice -- 4 I'd also like to correct some of the — a 5 my Sixth Amendment, Fifth Amendment and Fourteenth 5 previous statement I made regarding your partner 6 Amendment Rights. 6 that he had been disbarred. I understand he wasn't 7 rd like to answer that question about Jane Doe 7 disbarred, but he was simply suspended for improper 8 4, and I believe she was represented by your partner, 8 behavior, suspended by the Florida Bar. So I would 9 Jeffrey Herman, who after representing her was disbarred 9 like to make the correction that he's not totally 10 by the Florida Bar Association. 10 disbarred, but he's no longer practicing for the 11 Mr. Rothstein — or Mr. Edwards' partner, 11 time being. So but on advice of counsel, at 12 Mr. Rothstein, who sits in jail accused by the Florida 12 least with respect to this question, or any 13 U.S. Attorney of running a criminal enterprise in 13 question that may be relevant to this lawsuit, my 14 Mr. Edwards' firm, fabricating malicious cases to fleece 14 counsel has told me I must assert those rights. 15 investors out of millions of dollars, fabricating cases 15 BY MR. HOROWITZ: 16 of a sexual nature, I would like to answer every one of 16 Q Okay. And if I'm hearing you correct, your 17 your questions here today. However, on advice of 17 testimony that Mr. Herman was disbarred is — was 18 counsel, I cannot do so. 18 erroneous; is that right? 19 MR. HOROWITZ: Did you want that break now? 19 MR. PIKE: Form. 20 THE WITNESS: Yes, please. 20 THE WITNESS: My testimony that your partner 21 MR. PIKE: No, actually before we take a 21 who filed these lawsuits was disbarred seems to be 22 break — 22 incorrect. He was -- according to what I was told, 23 MR. HOROWITZ: Okay. 23 he has only been disbarred for his greatly improper 24 MR. PIKE: - my understanding was, is that you 24 behavior, but — and so he— one day he will, in 25 wanted to take a break around 12:30 or 12:45 for 25 fact, be practicing law again in South Florida — 31 (Pages 118 to 121) UNIVERSAL COURT REPORTING ) EFTA01076680 Page 122 Page 124 1 MR. HOROWITZ: Okay. 1 THE WITNESS: I'd like to answer that 2 THE WITNESS: — unlike Mr. Edwards' partner 2 question. I'd lute to answer every specific -- 3 who currently sits in jail for perpetrating one of 3 every question you've asked me here today, but I am 4 the largest frauds in South Florida's history. 4 going to have to respond as I've done with most of 5 BY MR. HOROWITZ: 5 your questions here today, Mr. Horowitz which is 6 Q Okay. I'm glad we got that squared away. 6 that upon advice of counsel, I am going to have to 7 Did you pay Jane Doe 4 to bring other minor 7 assert my Sixth Amendment Rights, my Fourteenth 8 girls to your home for your own sexual gratification? 8 Amendment Rights and my Fifth Amendment Rights. 9 MR. PIKE: Form. 9 Though I'd like to answer the question, though I'm 3.0 THE WITNESS: That question I believe would — 10 sure the jury will understand your partner has been 11 is — is I would like to answer that question. 11 suspended from practicing law in the State of 12 Unfortunately, my counsel has advised me that I 12 Florida, Mr. Edwards' partner is in jail for 13 cannot answer any questions today that may become 13 fabricating cases of a sexual nature, so, though 14 relevant to any of your lawsuits filed by you and 14 I'd like to answer that question as your other 15 your currently suspended partner, suspended by the 15 questions today with specificity, my counsel has 16 Florida Bar, or answer questions relevant to Mr. 16 advised me that if I do so, I risk losing their 17 Edwards who is sitting on your right, his firm's 17 representation, so I must decline to answer. 18 partner who's sitting in jail for fabricating cases 18 BY MR. HOROWITZ: 19 of a sexual nature against people like me and 19 Q Did you inform fl that the massage Jane Doe 4 20 others. 20 was to give you would be sexual in nature? 21 I'd like to answer -- as you might imagine, I'd 21 MR. PIKE: Form. 22 like to answer these questions, but I risk losing 22 THE WITNESS: I'd like to answer that question, 23 my counsel if you do so, so I must accept their 23 just like rd like to answer each and every one of 24 advice today. 24 your questions here today, Mr. Horowitz 25 BY MR. HOROWITZ: 25 Unfortunately, my counsel has advised me I cannot Page 123 Page 125 1 Q Mr. Epstein, at any time before May2005, did 1 answer any questions that may become relevant to 2 you receive a phone call from M. that she was bringing 2 this lawsuit, or any of the lawsuits filed by you, 3 Jane Doe 4 to your home so that Jane Doe 4 could give 3 or your partner that's been suspended by the 4 you a massage? 4 Florida Bar from practicing law in the State of 5 MR. PIKE: Form. 5 Florida after he's had conferences, held public 6 THE WITNESS: I'd like to answer that question, 6 conferences accusing me of things, of Mr. Edwards' 7 but unfortunately, I am going to have to answer 7 partner who sits in jail probably for the rest of 8 that question as I've answered most of your 8 his life for fabricating cases against people like 9 questions here today, Mr. Horowitz, which is upon 9 me and others. So, though rd like to answer that 10 advice of counsel, they've told me I cannot answer 10 question, Tm going to have to answer that question 11 your questions no matter how much I want to. They 11 as I've answered most of your questions here today, 12 told me I have to assert my Sixth Amendment, Fifth 12 which is upon advice of counsel, I must refrain 13 Amendment and Fourteenth Amendment Rights. 13 from answering. 14 Though you're currently suspended -- I keep 14 BY MR. HOROWITZ: 15 saying "disbarred; but I'm not a lawyer, so I 15 Q Did you either observe or overhear ■ 16 don't really understand the difference between 16 speaking with S making arrangements for Jane Doe 4 to 17 disbarred and suspended -- he seems to be only 17 come to your home for sexual activity? 18 suspended by the Florida Bar, I — I cannot answer 18 MR. PIKE: Form. 19 that question today upon advice of counsel. 19 THE WITNESS: I'd like to answer that 20 BY MR. HOROWITZ: 20 question. Ed really like to answer that 21 Q Okay. Sir, at any time before May 2005 did 21 question. However, today, my counsel has advised 22 you instructM. to place a telephone call to M., so 22 me that I cannot. And they've advised me I must 23 that E. could arrange for Jane Doe 4 to come to your 23 assert my rights under the Sixth Amendment, 24 home for sexual activity with you? 24 Fourteenth Amendment and Fifth Amendment of the 25 MR. PIKE: Form. 25 U.S. constitution. So, though I'd like to answer 32 (Pages 122 to 125) UNIVERSAL COURT REPORTING ) EFTA01076681 Page 126 Page 128 1 questions posed by you, your partner that's been 1 counsel. Do you need me to repeat that question to 2 suspended by the Florida Bar after filing these 2 refresh your recollection? 3 types of cases, cases against me, Mr. Edwards who 3 A Yes, please. 4 sits next to you, his partner in jail for filing 4 Q Prior to May 2005 did you ever observe M. 5 cases, fabricating cases of a sexually charged 5 speaking with Jane Doe 4 by telephone to arrange for 6 nature against me and others. The U.S. Attorney 6 Jane Doe 4 to come to your home to give you a massage? 7 has accused his firm, his former firm, the firm he 7 A I would like to answer that question -- I 8 left now because the firm went bankrupt, for being 8 assume this is the Jane Doe 4 who in her testimony wrote 9 a criminal enterprise, perpetrated one of the 9 a note to me that said "fora good time, call Jane Doe 10 largest frauds in South Florida's history, fleecing 10 4." I assume that's the same Jane Doe 4. 11 investors out of millions and millions of dollars. 11 Unfortunately, I'd like to answer all your questions 12 Pd like to answer each and every one of your 12 with specificity today, Mr. Horowitz. However, on 13 questions, but my counsel has advised me today that 13 advice ofcounsel, I cannot. 14 I cannot. 14 Q "Good time 15 BY MR. HOROWITZ: 15 A Excuse me? 16 Q Prior to May 2005 didn't you instruct Jane Doe 16 Q Continue, please. 17 4 to place phone calls to you on your home phone in 17 A So, therefore, the — and 1 represent — I 18 order to schedule visits to your home? 18 understand you represent Jane Doe 4. I understand your 19 MR PIKE: Form. 19 partner that's been suspended by the Florida Bar who 20 THE WITNESS: I'd like to answer each one of 20 represented Jane Doe 4 in this case — Pd like to 21 your questions here today, Mr. Horowitz, that 21 answer each one of your questions with respect to Jane 22 question specifically. However, my counsel has 22 Doe 4. However, I cannot based on advice ofcounsel, 23 advised me that today I cannot, and he advised me I 23 and I must assert at their request my Sixth Amendment, 24 must assert my Sixth Amendment Rights, my 24 Fifth Amendment and Fourteenth Amendment Rights under 25 Fourteenth Amendment Rights and my Fifth Amendment 25 the U.S. Constitution. Page 127 Page 129 1 Rights. So, though Ed would like to answer 1 Q When is it that you believe Jane Doe 4 wrote 2 questions posed by you, your partner who has been 2 you the message you just referred to? 3 suspended by the Florida Bar, Mr. Edwards' partner, 3 MR. PIKE: Form. 4 Scott Rothstein, that many people have read about, 4 THE WITNESS: You know, I'd like to answer all 5 has perpetrated the largest fraud in Florida 5 those questions with respect to the note that she 6 history, specifically for fabricating such cases of 6 testified to that she wrote saying "for a good time 7 a sexual nature, fabricating malicious cases in 7 call Jane Doe 4." However, on advice of counsel, I 8 order to get money, money, money from people here 8 cannot answer any questions that may be relevant to 9 in South Florida. I'd like to answer each and 9 this lawsuit. I'd like to answer each one of your 10 every one of your questions, however, upon advice 10 questions, but as I've done with most of your other 11 ofmy counsel, they've advised me today I cannot do 11 questions here today, or those to be posed by 12 so. 12 Mr. Edwards whose partner sits in jail probably for 13 BY MR. HOROWITZ: 13 the rest ofhis life to try to get money from 14 Q Prior to May 2005 did you ever observe ■ 14 residents of South Florida, and the biggest fraud 15 speaking with Jane Doe 4 by telephone to arrange for 15 in South Florida's history, called by the U.S. 16 Jane Doe 4 to come to your home so that Jane Doe 4 could 16 attorney a criminal the firm is called a 17 give you a massage? 17 criminal enterprise, and I'd like — so I'd surely 18 THE WITNESS: May I— excuse me, may I have a 18 like to answer your question, Mr. Horowitz, 19 moment with my attorney? 19 regarding Jane Doe 4, and — however, on advice of 20 MR. HOROWITZ: Yes. 20 counsel at least today, I cannel. 21. THE VIDEOGRAPHER: Time off the record 1:20. 21 BY MR. HOROWITZ: 22 (Thereupon, a short break was taken.) 22 Q Sir, you said that Jane Doe 4 testified that 23 THE VIDEOGRAPHER: Time on the record I:23. 23 she had written a note to you. Is — was that truthful 24 BY MR. HOROWITZ: 24 testimony? You acknowledge that she did write such a 25 Q Mr. Epstein, you had a moment to speak with 25 note? 33 (Pages 126 to 129) UNIVERSAL COURT REPORTING ( ) EFTA01076682 Page 130 Page 132 1 MR. PIKE: Form. 1 must assert my Sixth Amendment, Fourteenth 2 THE WITNESS: Mr. Horowitz, I'd like to answer 2 Amendment and Fifth Amendment Rights. So then my 3 each and every one of your questions. However, on 3 — I would like to answer questions posed by you. 4 the advice of counsel, I can't answer any of your 4 I know your partner could not be here since he was 5 questions with respect to the note that she 5 suspended by the Florida Bar after filing these 6 testified she wrote. I can't answer any questions 6 cases, after holding press conferences he was 7 separate from — that may be relevant to your 7 suspended by the Florida Bar. Mr. Edwards, who 8 lawsuit. I can't answer any questions posed by 8 sits on your right, his partner is sitting in jail, 9 you, the attorney sitting next to you whose partner 9 I'd like to answer every one of your questions. 10 sits in jail, your former partner suspended or -- 10 However, my counsel said at least today, I cannot 11 for improper behavior after filing this lawsuit, 11 So I must accept their advice or risk losing their 12 and suspended by the Florida Bar. rd Ince to 12 representation. 13 answer every question you ask. However today, 13 BY MR. HOROWITZ: 14 Mr. Horowitz, I cannot because my counsel is 14 Q Did tell you that she confirmed by 15 telling me if I - if t do, I risk losing their 15 telephone that Jane Doe 4 would be coming to your home 16 representation. 16 at a specific time to give you a massage? 17 BY MR. HOROWITZ: 17 MR. PIKE: Form. 18 Q You've read the deposition transcript of Jane 18 THE WITNESS: Again. I'm sorry, could you 19 Doe 4; is that comet? 19 repeat the question? 20 MR. PIKE: Form. 20 BY MR. HOROWITZ: 21 THE WITNESS: You know, again, Mr. Horowitz, I 21 Q Did M. tell you that she had confirmed by 22 would like to answer every one of your questions; 22 telephone with Jane Doe 4 that Jane Doe 4 would be 23 however, my counsel has told me I cannot. They 23 coming to your home at a particular time to receive a 24 told me 1 must assert my Fifth Amendment, Sixth 24 massage? 25 Amendment and Fourteenth Amendment Rights under the 25 MR. PIKE: Form. Page 131 Page 133 1 U.S. Constitution. So in response to that 1 THE WITNESS: I assume when you say "Jane Doe 2 question, as in response to most of your other 2 4," this is Jane Doe 4, a girl who testified that 3 questions here today, no matter how much I would 3 she wrote a note to me that said "for a good time, 4 like to answer those questions, answer those 4 call Jane Doe 4." I assume that's the same Jane 5 questions specifically with respect to Jane Doe 4 5 Doe 4. I'd like to answer all questions about Jane 6 and the -- your former partner — wait as a 6 Doe 4, her notes, anything that she said. However, 7 current partner, you won't tell me -- but your 7 my attorneys told me I cannot, and they advised me 8 partner who brought the lawsuit who the Florida Bar 8 I must assert my rights under the Sixth Amendment, 9 suspended for improper behavior, Mr. Edwards' 9 Fourteenth Amendment and Fifth Amendment, though 10 partner who sits in jail for fabricating cases, 10 your partner who filed the lawsuit was suspended by 11 stealing millions of dollars from unsuspecting 11 the Florida Bar after filing the lawsuit, holding 12 Florida investors, rd like to answer every one of 12 press conferences. Mr. Edwards' partner sits in 13 your questions. However, my counsel told me today 13 jail for fabricating cases of a sexual nature 14 that I cannot answer any questions that may be 14 against me and others. So, though I would like to 15 relevant to the lawsuit. 15 answer those questions, as you might imagine, 16 BY MR. HOROWITZ: 16 Mr. Horowitz, is I'd like to answer -- 17 Q Prior to May 2005 did you instruct M. to get 17 unfortunately, as I've had to answer most of your 18 Jane Doe 4's phone number, so that M. could 18 questions here today, I cannot under advice of 19 communicate with Jane Doe 4 to schedule Jane Doe 4 for 19 counsel. 20 massages with you? 20 BY MR. HOROWITZ: 21 MIL PIKE: Form. 21 Q Was it your intent during the course of Jane 22 THE WITNESS: rd like to answer that 22 Doe 4's visits to your home that you would persuade, 23 question. I would like to answer your other 23 induce or entice her to engage in sexual activity with 24 questions posed here today. However, my -- on 24 you? 25 advice of counsel, they've instructed me that I 25 MR. PIKE: Form. 34 (Pages 130 to 133 ) UNIVERSAL COURT REPORTING EFTA01076683 Page 134 Page 136 1 THE WITNESS: Well, I assume this the Jane Doe 1 enterprise by the U.S. attorney for stealing 2 4 who wrote a note to me, according to her 2 millions of dollars from South Florida residents. 3 testimony that said, "for a good time, call Jane 3 I'd like to answer every one of your questions. 4 Doe 4." !assume that's the same Jane Doe 4 you're 4 However, today, under advice of counsel, I cannot. 5 referring to. S BY MR. HOROWITZ: 6 Unfortunately, your partner couldn't be here 6 ane Doe 4 told ou that she attended 7 referring to it because he's been suspended by the 7 when she was in your home; is 8 Florida Bar after filing Jane Doe 4's case. 8 that right? 9 Mr. Edwards' partner can't be here because he's 9 MR. PIKE: Form. 10 in jail for filing cases of a malicious nature, of 10 THE WITNESS: I'd like to answer that 11 sexual cases, fabricated cases. The U.S. Attorney 11 question. I'd lice to answer every question you've 12 Has referred to the entire firm as a criminal 12 asked me here today. However, upon advice of 13 enterprise, a criminal enterprise of the large — 13 counsel at least today, I cannot, according to 14 purporting to have the largest fraud in South 14 their advice, answer any questions that may be 15 Florida's history. So, though I would like to 15 relevant to this lawsuit — excuse me — I would 16 answer each one of your questions, on advice of 16 prefer to have had your partner, Jeffrey Herman, 17 Counsel today, I cannot. 17 who — who I actually believe filed the suit, but 18 BY MR. HOROWITZ: 18 he's been disbarred in the interim — I'm sorry, 19 Q During the course of Jane Doe 4's visits to 19 not disbarred. He's been suspended. I'm not 20 your home, did you in fact persuade, induce or entice 20 really sure what the difference is, but he's been 21 her to engage in sexual activity with you? 21 suspended from practicing law, while Mr. Edwards' 22 A I'd very much like to answer each one of your 22 partner sits in jail for fabricating cases of a 23 questions here today, Mr. Horowitz. However, as I've 23 sexual nature against people like me and others. 24 done for mostly all of your other questions, on advice 24 So, though I would like to answer that question, as 25 of counsel, they've told me I cannot answer those 25 you probably understand, on the advice of counsel Page 135 Page 17 1 questions. rd love to answer the questions directly to 1 today,lcannot. 2 you. 2 BY MR. HOROWITZ: 3 I'd like to answer the questions to your 3 Q Isn't it true, sir, that on multiple occasions 4 partner, Jeffrey Herman. Jeffrey Herman who was — 4 Jane Doe 4 discussed her activities at 5 after he filed this Jane Doe 4 case against me -- was 5 with you? 6 suspended by the Florida Bar for improper behavior, or 6 MR. PIKE: Form. 7 Mr. Edwards' partner who sits in jail. I much prefer to 7 THE WITNESS: Again? 8 be talking to them. However, I cannot answer questions 8 BY MR. HOROWITZ: 9 to you, and on advice of counsel, I must assert my 9 Q Isn't it true, sir, that on multiple , asi On \ 10 rights, or risk losing their representation. 10 Jane Doe 4 discussed her activities at 11 BY MR. HOROWITZ: 11 with you? 12 Q You know that Jane Doe 4 was younger than 18 12 MR. PIKE: Form. 13 when she came to your home in 2003 and 2004, correct? 13 THE WITNESS: with 14 MR. PIKE: Form. 14 me? 15 THE WITNESS: I'd like to answer that 15 MR. HOROWITZ: Yes. 16 question. I'd like to answer each and every one of 16 THE WITNESS: I don't understand the question. 17 your questions. However, on advice of counsel, 17 BY MR. HOROWITZ: 18 they've instructed me that I cannot answer any 18 Q Okay. You know, in your mind, who Jane Doe 4 19 questions that may be relevant to any of your 19 is, correct? 20 lawsuits brought by either you, your partner that's 20 MR. PIKE: Form. 21 been suspended by the Florida Bar for improper 21 THE WITNESS: lane Doe 4 is the one girl you 22 behavior, Mr. Edwards, who sits to your right, 22 told - I believe was the one who testified that 23 whose partner sits in jail for bringing fabricated 23 she wrote a note to me that said "for a good time, 24 cases of a sexual nature against people like me and 24 call Jane Doe 4." Is that the Jane Doe 4 -- you 25 others, called — his firm called a criminal 25 can't testify, I'm sorry. Yes, I believe that's afeme••• 35 (Pages 134 to 137) UNIVERSAL COURT REPORTING ) EFTA01076684 Page 138 Page 140 1 coma. 1 BY MR. HOROWITZ: 2 BY MR. HOROWITZ: 2 Q Between 2003 and May 2005, did you ever 3 Q Is it your testimony that Jane Doe 4 did not 3 instruct Jane Doe 4 to remove her clothing? 4 write such a note after a massage at your house? 4 MR. PIKE: Form. 5 MR. PIKE: Form. 5 THE P. S: Again, I would like to answer 6 THE WITNESS: Which question would you like me 6 every one of your questions, every one, every 7 to answer, the first one or -- 7 specific one, but my attorneys have advised me that 8 MR. HOROWITZ: The one I just asked. 8 today at least, I cannot answer any questions 9 THE WITNESS: I'd like to answer every question 9 relevant, or may be relevant to your lawsuit. 10 with respect to everything with respect to Jane Doe 10 Theyve instructed me thatlmust assert my Sixth 11 4, every single thing. However, my attorneys today 11 Amendment, Fourteenth Amendment and Fifth Amendment 12 13 told me that I cannot, and they instructed me to assert the Sixth Amendment, Fourteenth and Fifth 12 13 Rights. So, though I'd like to answer the question, Mr. Horowitz, I cannot do so. I 14 15 Amendment. BY MR. HOROWITZ: 14 15 BY MR. HOROWITZ: Q Between 2003 and May 2005, did you instruct I 16 Q Isn't it true that Jane Doe 4 larl 16 Jane Doe4 to pinch your nipples — 17 discussed with you her activities at 17 MR. PIKE: Form. 18 18 BY MR. HOROWITZ: 19 MR. PIKE: Form. 19 Q and rub your chest? 20 THE WITNESS: My attorneys told me that, though 20 MR. PIKE: Same objection. 21 I'd like to answer that question, as I'd like to 21. THE WITNESS: Is it — is it one or the other? 22 answer all your other questions, I have to answer 22 MR. HOROWITZ: It's both. 23 it the same way I've answered the others, which is 23 THE WITNESS: I see. No. I would- 24 asserting my Sixth Amendment, Fourteenth Amendment 24 BY MR. HOROWITZ: 25 and Fifth Amendment Rights. 25 Q No you did not, sir? Page 139 Page 141 1 BY MR. HOROWITZ: 1 A I said — Tin sorry, I couldn't hear. 2 Q Jane Doe 4 told you she could not travel with 2 Q I thought you said "no" to my question? 3 you OM -H. overseas because she was not yet 18; isn't 3 A No. ITU TII tell when my I said no. 4 that true? 4 I'd like to answer that question. I'd like to answer 5 MR. PIKE: Form. 5 every one of your questions. I'd like to answer each 6 THE WITNESS: I'd like to answer that 6 and every one. However, my counsel today told me I 7 question. I'd hire to answer every one of your 7 cannot. They told me I have to assert my Sixth 8 questions. However, my attorneys today have 8 Amendment, Fourteenth and Fifth Amendment Rights. And 9 instructed me, at least for today, I can't answer 9 if I didn't, and if I chose to answer the question, I 10 any questions that may become relevant to your — 10 would risk losing their representation. So at least for 11 one of your lawsuits brought by your firm and at — 11 today, I have to assert those rights. 12 your partner that's been suspended by the Florida 12 BY MR. HOROWITZ: 13 Bar. 13 Q Prior to June of2005, did you ask Jane Doe 4 14 BY MR. HOROWITZ: 14 questions about her sexual experience and preferences? 15 Q Between 2003 and May 2005, were you ever nude 15 MR. PIKE: Fonn. 16 in front of Jane Doe 4? 16 THE WITNESS: I would be happy to answer that 17 MR. PIKE: Form. 17 question, if I could. My attorneys have told me I 18 THE WITNESS: I would like to answer that 18 can't. They've instructed me that I have to assert 19 question. Pd late to answer every one of your 19 my Sixth Amendment, Fourteenth Amendment and Fifth 20 questions here today. However, my attorneys, who 20 Amendment Rights. I would like to answer the 21 have advised me, that I cannot answer any questions 21 question. However, they told me that if I do, I 22 that may be relevant to this or any of your other 22 risk losing their representation. 23 24 25 lawsuits brought by you and your partner that was suspended from the practice of the law in Florida, so I must respectfully decline. 23 24 25 Prior BY MR. HOROWITZ: to June 2005 did you 36 (Pages 138 to 141) UNIVERSAL COURT REPORTING EFTA01076685 Page 142 Page 144 1 MR. PIKE: Form. 1 BY MR. HOROWITZ: 2 THE WITNESS: Pd like to answer that 2 Q Prior to June 2005 did you 3 question. Pd like to answer all your other 3 4 questions here today. However, my counsel has told 4 MR. PIKE: Form. 5 me, at least today, I cannot. I have -- they've 5 THE WITNESS: rd like to answer that 6 instructed me to assert my Fourteenth Amendment, my 6 question. I'd like to answer every question you've 7 Sixth Amendment and my Fifth Amendment Right. And 7 asked here today. I'd like to respond to you to 8 they told me that if I chose to answer, I would 8 your partner who's been suspended. I apologize, 9 risk losing their representation, so therefore, I 9 before I said he was disbarred, but — for improper 10 must respectfully decline to answer them. 10 behavior after filing this lawsuit. On advice of 11 BY MR. HOROWITZ: 11 counsel, they've instructed me that I must assert 12 aPrior to June 2005 did you rub 12 my Fourteenth Amendment, Fifth Amendment and Sixth 13 Amendment Rights to any question that may become 14 MR. PIKE: Form. 14 relevant to this lawsuit or risk losing their 15 THE WITNESS: I would like to answer that 15 representation, therefore, I would have to 16 question with specificity. However, my attorneys 16 respectfitlly, respectfully decline. 17 have told me at least today that I must 17 BY MR. HOROWITZ: 18 respectfully decline and assert my Fifth Amendment, 18 Q Prior to June 2005 did you give lingerie to 19 Sixth Amendment and Fourteenth Amendment Right. I 19 Jane Doe 4 to wear for you? 20 would have preferred that your partner, who after 20 MR. PIKE: Form. 21 he filed the lawsuit, was suspended by the Florida 21 THE WITNESS: I would like to answer that 22 Bar for ingot/put practice, or Mr. Edwards' partner, 22 question. I would like to answer all your 23 who sits in jail, to have been here to at least ask 23 questions. However, I am going to have to respond 24 some of the questions, but my attorneys have told 24 to that question, as I responded to all your other 25 me I cannot answer those questions today, sir. 25 questions here today, Mr. Horowitz, which is on Page 143 Page 145 1 BY MR. HOROWITZ: 1 advice of counsel, they've instructed me I must 2 s larior to Jtme 2005 did you 2 assert my Sixth Amendment, Fourteenth Amendment and 3 Fifth Amendment Rights. And if I chose to answer, 4 MR. PIKE: Form. 4 which I prefer to do, that question, I risk losing 3 A I'd like to answer that question. I'd very 5 their representation. 6 much like to answer that question, but 1cannot today, 6 BY MR. HOROWITZ: 7 because on advice ofmy counsel, they have told me that 7 Q Prior to June 2005 was Jane Doe 4 ever nude in 8 I must assert my Sixth Amendment, Fourteenth Amendment 8 front of you at your request? 9 and Fifth Amendment Rights. And ill chose to answer, 9 A I'd like to answer that question. I'd very 10 if I did answer that question, I risk losing their 10 much like to answer that question. However, my 11 representation, so at least for that -- for today, I 11 attorneys have counseled me that I cannot answer that 12 must respectfully decline, sir. 12 question or any question today that may be relevant to 13 BY MR. HOROWITZ: 13 one of the lawsuits that you've brought, or your partner 14 Prior to Jtme 2005 did you 14 who has brought — your partner who is suspended from 15 practice in Florida. So, though 1 would like to answer 16 MR. PIKE: Form. 16 the question, Mr. Horowitz, today under the advice of 17 THE WITNESS: You know, I'd like to answer that 17 counsel, I cannot 18 question. I would have preferred that either your 18 Q Prior to June 2005 did you coerce Janc Doe 4 19 partner, who was here, would have been here, the 19 into 20 one who filed the lawsuit, who is suspended by the 20 A Again, I'm so . 2/ Florida Bar, or Mr. Edwards' partner, Scott 21 Q If — if — if -- if your attorney passing you 22 Rothstein, who sits in jail, was to be here. I 22 notes is — is causing you to be distracted from 23 would prefer to respond to them. However, today, I 23 listening to my questions, lam — lam going to ask 24 cannot answer those questions based on advice of 24 that you not do it. 25 counsel, so I must respectfully decline. 25 A I — I understand. 37 (Pages 142 to 145) UNIVERSAL COURT REPORTING ( ) EFTA01076686 Page 146 Page 148 1 MR. PIKE: Fine. 1 mentioned today. However, my counsel has told me I 2 THE WITNESS: It was just the fact — it wasn't 2 cannot answer any questions that may be relevant to 3 that. It was, in fact, I had put my glasses on. 3 the lawsuit I'd like to answer that question 4 BY MR. HOROWITZ: 4 directly to you, Mr. Edwards. Mr. Edwards' 5 Q Your glasses were preventing you from hearing 5 partner, unfortunately, is in jail, so I can't talk 6 me? 6 to him directly. Your partner has been suspended 7 A Yes. 7 after filing a lawsuit against me. But, though I'd 8 MR. PIKE: First of all, you're not going to 8 like to answer those questions, I risk losing their 9 tell me how to communicate with my client. I'm 9 representation and waiving those rights, if I do 10 trying not to take a break again, so that, you 10 so. 11 know, we don't -- we can keep going forward. If 11 BY MR. HOROWITZ: 12 you'd like me to take a break, I can take another 12 Q Prior to June 2005 did you masturbate in front 13 break right now. 13 of Jane Doe 4? 14 MR. HOROWITZ: Well, Pm not here to tell you 14 MR. PIKE: Form. 15 how to do your job, but the Rules of Civil 15 THE WITNESS: I'd like to answer that 16 Procedure do, and what they say — let me finish -- 16 question. Pd like to answer all your other 17 is that "if you interrupt an examination to 17 questions posed here today; however, I cannot do so 18 communicate with your clients, you can be 18 on the advice of counsel. And they told me that if 19 sanctioned for it." 19 I do answer the questions, I may waive those 20 MR. PIKE: Okay. Well, first of all, 20 rights, or risk losing their representation. 21 Mr. Horowitz, I didn't interrupt any examination. 21 BY MR. HOROWITZ: 22 You interrupted the examination. I didn't say a 22 Q Prior to June 2005 did you ejaculate in front 23 word. So, let's just go ahead and proceed 23 of Jane Doe 4? 24 forward. The witness asked you to repeat the 24 MR. PIKE: Form. 25 question, okay? 25 THE WITNESS: I would like to answer that Page 147 Page 149 1 As you are well aware we have hyper-technical 1 question about Jane Doe 4, the girl who wrote "for 2 Constitutional privileges at issue here. If I 2 a good time, call" -- I -- from her testimony, "for 3 choose to communicate with my client regarding 3 a good time, call Jane Doe 4" or "call Jane Doe 4 those privileges, I will communicate with him. If 4 4." I'm not actually sure. You maybe could clue 5 you'd like me to take breaks, I will do so. But 5 me in. However, my counsel has told me today that 6 once again, we're here to answer your questions, 6 I — I must assert my Sixth Amendment, Fourteenth 7 and I would like to just move forward. 7 Amendment and Fifth Amendment Rights as provided by 8 BY MR. HOROWITZ: 8 the U.S. constitution. And, though I would like to 9 Q Prior to June 2005 did u coerce Jane Doc 4 9 answer each and every one of your questions, I 10 into 10 cannot do so. I risk waive — risk losing or 11 MR. PIKE: Form. 11 waiving those rights and losing their 12 THE WITNESS: I'd like to answer that 12 representation. 13. question. I cannot answer that question on advice 13 BY MR. HOROWITZ: 14 of counsel, but I'd like to answer that question. 14 Q Did Jane Doe 4 come to your Palm Beach home on 15 My counsel has advised me that I must assert my 15 multiple occasions between 2003 and May 2005 to give you 16 Sixth Amendment, Fifth Amendment and Fourteenth 16 massages during which you engaged her in sexual 17 Amendment Rights. And if I choose to answer that 17 activity? 18 question, I risk waiving those rights, and risk 18 MR. PIKE: Form. 19 losing their representation. 19 THE WITNESS: Pd like to answer each and every 20 BY MR. HOROWITZ: 20 one of your questions posed here today. I would 21 Prior to June 2005 did you 21 like to answer that question, and all the other 22 questions you've asked about Jane Doe 4. However, 23 MR. PIKE: Form. 23 upon advice of my counsel, they've instructed me to 24 THE WITNESS: I'd like to answer that question 24 assert my Fourteenth Amendment Rights, my Sixth 25 about Jane Doe 4, and all the other girls you've 25 Amendment Rights and my Fifth Amendment Rights as a.rapanqSa1.1.90, 38 (Pages 146 to 149) UNIVERSAL COURT REPORTING ( ) EFTA01076687 Page 150 Page 152 1 provided by the constitution. So, though I'd like 1 advice of my counsel, theyve told me that I must 2 to answer. I don't. Eve been instructed that I 2 assert my Fourteenth Amendment Rights, my Sixth 3 risk waiving those rights and losing their 3 Amendment Rights and my Fifth Amendment Rights. 4 representation. 4 And by not doing so, I may waive those rights or 5 BY MR. HOROWITZ: 5 risk losing their representation. Adam, may 1 take 6 Q Prior to May of2005 did you pay Jane Doe 4 6 &quick five minutes? 7 $200 after having had sexual contact with her? 7 MR. HOROWITZ: Sure. 8 MR. PIKE: Form. 8 THE VIDEOGRAPHER: Time off the record 1:50. 9 THE WITNESS: Again? 9 (Thereupon, a short break was taken.) 10 BY MR. HOROWITZ: 10 THE VIDEOGRAPHER: Time on the record 2:00. 11 Q Prior to May 2005 did you ever pay Jane Doe 4 11. BY MR. HOROWfilt: 12 $200 after having had sexual contact with her? 12 Q Prior to June 2005 you instructed Jane Doe 4 to 13 MR. PIKE: Form. 13 call you at your Palm Beach home to conrum the specific 14 THE WITNESS: Ed like to answer that 14 dates and times you wanted her to come over for sexual 15 question. I'd like to answer every one of your 15 activity, correct? 16 questions posed here today. However, according to 16 MR. PIKE: Form. 17 my counsel, he's asked me to assert my rights under 17 THE WITNESS: I'd like to answer that 18 the Fourteenth Amendment, the Sixth Amendment, the 18 question. Id like to answer every question you've 19 Fifth Amendment of the U.S. Constitution, and he's 19 asked me here today, but I'm going to have to 20 instructed me that no matter how much I'd like to 20 respond the same way I've responded to most of your 21 answer these questions, that if I do so, I may 21 questions, Mr. Horowitz, which is on advice of 22 waive those rights and risk losing his 22 counsel, I'm going to have to assert the Sixth 23 representation. 23 Amendment, Fourteenth Amendment and Fifth Amendmer! 24 BY MR. HOROWITZ: 24 Rights. Though I'd like to answer that question, 25 Q Did you try to persuade Jane Doe 4 that it was 25 as all your other questions, I'm informed that ifI Page 151 Page 153 1 okay that 1. do so, I risk waiving those rights and losing my 2 while she was still a timid? 2 representation. 3 MR. PIKE: Form. 3 BY MR. HOROWITZ: 4 THE WITNESS: I'd like to answer that 4 Q Did you instruct Jane Doe 4 to lie to police 5 question. I'd like to answer every question you've 5 investigators during their 2005 investigation into your 6 asked here today, every question. However, my 6 criminal activities? 7 counsel has instructed me at least today, I cannot 7 MR. PIKE: Form. 8 answer those questions, and they've instructed me 8 THE WITNESS: Did I instruct Jane Doe 4 to 9 that I must assert my Fourteenth Amendment, Sixth 9 lie? 10 Amendment and Fifth Amendment Rights as provided by 10 MR. HOROWITZ: That's my question, yes. 11 the Constitution. And by not doing so, I may waive 11 THE WITNESS: I'd like to answer that 12 those rights or risk losing their representation. 12 question. I'd like to answer every one of your 13 BY MR. HOROWITZ: 13 questions here today. I'd like to answer questions 14 Q Prior to June 2005 did you instruct ■ to 14 of unfortunately, the -- I guess your partner 15 communicate with Jane Doe 4 by telephone to schedule 15 that filed this lawsuit was suspended by the 16 Jane Doe 4 to come to your Palm Beach home for sexual 16 Florida Bar. Pd like to answer. However, my 17 activity? 17 counsel has advised me at least today that I must 18 MR. PIKE: Form. 18 assert my rights under the Fourteenth Amendment, 19 THE WITNESS: I'd like to answer that 19 Sixth Amendment and Fifth Amendment. And if I 20 question. I'd like to answer all your questions. 20 choose to answer that question, which I prefer to 21 I wish your partner that had been suspended from 21 do, I risk losing their representation and waiving 22 practice after he filed Jane Doe 4's lawsuit, or 22 those rights, so I must respectfully decline. 23 Mr. Edwards' who's — who sits next to you, whose 23 Sony, Mr. Horowitz. 24 partner sits in jail, I would like nothing more 24 BY MR. HOROWITZ: 25 than to answer these questions today, but upon 25 Q Are you suggesting that you have some 39 (Pages 150 to 153) UNIVERSAL COURT REPORTING ) EFTA01076688 Page 154 Page 156 1 information that Jeffrey Herman was suspended from the 1 losing or waiving my rights and my counsel's 2 practice of law because he made false statements in a 2 representation, so I must respectfully decline 3 lawsuit against you? 3 today. 4 MR. PIKE: Form. 4 BY MR. HOROWITZ: 5 THE WITNESS: Jeffrey Herman was your partner. 5 Q Did you instruct M. to rent a car for Jane 6 Are you asking me why he was suspended? I'm sorry, 6 Doe 4? 7 are you asking me — 7 MR. PIKE: Form. 8 BY MR. HOROWITZ: 8 THE WITNESS: I'd like to answer that question 9 Q I'm asking you why -- 9 — Jane Doe 4 — have we moved from a different 10 THE REPORTER: Wait a second. 10 person, I'm sorry? 11 THE WITNESS: Sorry. Are you asking why your 11 MR. HOROWITZ: We're on Jane Doe 4. 12 partner was suspended from the practice of law in 12 THE WITNESS: Okay. I'd like to answer that 13 South Florida? 13 question. I'd like to answer every one of your 14 BY MR. HOROWITZ: 14 questions. However, my counsel has advised me, at 15 Q I'm asking you whether you have any information 15 least today, that I cannot do so. I must assert my 16 or you're suggesting here today that his suspension of 16 Fourteenth Amendment, Fifth Amendment and Sixth 17 practice of law had anything to do with you or the 17 Amendment Rights. 18 lawsuits against you? 18 BY MR. HOROWITZ: 19 MR. PIKE: Form. 19 Q Did you intend for Jane Doe 4 to use the car 20 THE WITNESS: Am I suggesting that his 20 that you rented for her, for her to come to your home to 21 disbarment -- Pm sorry -- his suspension or -- I'm 21 give you sexual massages? 22 sorry — can you do it again? Was he disbarred or 22 MR. PIKE: Form. 23 suspended? 23 THE WITNESS: Did I intend a car that was 24 BY MR. HOROWITZ: 24 ratted for Jane Doe 4 — could you do the question 25 Q Are you suggesting today in your testimony 25 again? Page 155 Page 157 1 that -- 1 BY MR. HOROWITZ: 2 A Yeah. 2 Q Sure. Did you intend for Jane Doe 4 to use the 3 Q -- his suspension had anything to do with you 3 car you rented for her to come to your home to give you 4 or the lawsuits against you? 4 sexual massages? 5 MR. PIKE: Point 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that question, 6 THE WITNESS: You said I rented a car? 'T but my counsel has advised me I cannot today. I 7 MR. HOROWITZ: I'm just asking the questions. 8 must assert the Fourteenth Amendment, Sixth 8 My — 9 Amendment and Fifth Amendment Rights, though 9 THE WITNESS: I'm sorry, you have to ask the 10 obviously, I'd lilce to answer that question. 10 question again. 11 BY MR. HOROWITZ: 11 BY MR. HOROWITZ: 12 Q Did you instruct to tell Jane Doe 4 to lie 12 Q Sure. Previously I asked you if you rented a 13 to police investigators during their 2005 investigation 13 car, and you asserted the Fifth — 14 into your criminal activity? 14 A I don't believe you did. 15 MR. PIKE: Form. 15 Q Okay. All right. Did you -- 16 THE WITNESS: I'd very much Ince to answer that 16 A You asked me if I instructed somebody -- 17 question. I'd very much like to answer all your 17 Q That's rilLt. You're correct. The car that 18 questions here today, but as I've done with most of 18 you instructed .. to rent for Jane Doe 4. Pm talking 19 those questions, on advice of my counsel — it's 19 about that -- that vehicle, okay? Did you intend for 20 been a long day so far — lam going to have to 20 Jane Doe 4 to use that car to acme to your home and give 21 refrain from answering, at least today, to any 21. you sexual massages? 22 questions that may be relevant to any of your 22 MR. PIKE: Form. 23 lawsuits brought by you, your suspended partner, 23 THE WITNESS: I'd like to answer that 24 Mr. Edwards and his partner who's in jail. So, 24 question. I'd like to answer every question about A 25 though I'd like to answer those questions, I risk 25 Jane Doe 4 that you asked me here today. My 40 (Pages 154 to 157) UNIVERSAL COURT REPORTING ( ) EFTA01076689 Page 158 Page 160 1 counsel has advised me that I may not. And they've 1 So, though your partner after he filed that 2 instructed me that I am to assert my Fourteenth 2 Jane Doe 4 lawsuit was suspended from the practice 3 Amendment, Sixth Amendment, Fifth Amendment 3 of law by the Florida Bar, or some of these other 4 Rights. And, though I'd like to answer each one of 4 cases brought by Mr. Edwards' firm who is sitting 5 your questions, my counsel has advised me that ill 5 next to you, whose partner sits in jail for 6 choose to do so, which is my preference, I risk 6 bringing cases of a sexual nature, accusing people 7 waiving those rights and/or losing their 7 fallaciously, maliciously, simply to get money, I'd 8 representation. 8 like to answer each one of your questions, but 9 BY MR. HOROWITZ 9 today, unfortunately, I must respectfully decline. 10 Q Isn't it true that you and Jane Doe 4 watched a 10 BY MR. HOROWITZ: 11 videotape of Jane Doe 4 and her boyfriend having sexual 11 Q Sir, are you asserting your Fifth Amendment, 12 intercourse? 12 Sixth Amendment and Fourteenth Amendment Rights to 13 MR. PIKE: Form. 13 protect your innocence, or conceal your guilt? 14 THE WITNESS: Can you describe this videotape 14 MR. PIKE: Form. I'm going to instruct him not 15 tome? 15 to answer that question. 16 BY MR. HOROWITZ: 16 BY MR. HOROWITZ: 17 Q Would that refresh your recollection? 17 Q Is there any reason that the jury should not 18 A I don't know. Would you want to tell me about 18 infer that you did in fact have sexual contact with lane 19 it? 19 Doe 4 when she was a child, given that you've asserted 20 Q My question for you is: Isn't it true that you 20 the Fifth Amendment? 21 and Jane Doe 4 watched a videotape of Jane Doe 4 and her 21 MR. PIKE: Form. 22 boyfriend having intercourse? Does that refresh your 22 THE WITNESS: The Fifth Amendment has been used 23 recollection? 23 many times to protect the Innocent, especially 24 MR. PIKE: Same objection, form. 24 people who've been falsely accused by people like 25 THE WITNESS: I'd like to answer that question 25 your — Mr. Edwards' partner, Scott Rothstein, who Page 159 Page 161 1 — a videotape ofher and her boyfriend having sex? 1 sits in jail accused by the U.S. Attorney of 2 MR. HOROWITZ: Yes. 2 running the biggest fraudulent scheme in South 3 THE WITNESS: Okay. I'd like to answer that 3 Florida's history, stealing millions of dollars 4 question, but my counsel has instructed me that I 4 from South Florida residents. The U.S. Attorney 5 must assert my Fourteenth Amendment, Sixth 5 called his enterprise a criminal his firm, 6 Amendment and Fifth Amendment Rights. And, though 6 Mr. Edwards' firm, sitting next to you — another 7 ifs obvious I'd like to answer that question, my 7 one of the lawsuits, a criminal enterprise. 8 attorneys have counseled me that I — by doing so, 8 I'd like to answer that question very 9 I waive those rights, or risk losing their 9 specifically. However, my attorneys have counseled 10 representation. 10 me that today I may not, and I may risk losing my 11 May I get some — a am? Is this yours? 11 rights, my waiver — excuse me - my rights, and 12 MR. HOROWITZ: No. 12 risk losing my representation, ill choose to 13 THE WITNESS: Okay. 13 answer that question. 14 MR. HOROWITZ: It's mine. 14 BY MR. HOROWITZ: 15 BY MR. HOROWITZ: 15 Q Okay. I don't want to know why other people 16 Q Sir, you don't deny that you sexually abused 16 assert the Fifth Amendment. I want to know why you're 17 Jane Doe 4, do you? 17 asserting it. Are you asserting it because you're an 18 MR. PIKE: Form, argumentative. 18 innocent man, or because you're a guilty man? 19 THE WITNESS: I'd like to answer that question 19 MR. PIKE: Form. 20 very much so. However, my counsel has advised me 20 THE WITNESS: I'd love to answer that 21 today that I must assen — at least today, I must 21 question. However, my attorneys have counseled me 22 assert Sixth Amendment Fourteenth Amendment and 22 that I cannot and must assert my rights under the 23 Fifth Amendment Rights. And by choosing to answer, 23 Sixth Amendment Fourteenth and Fifth, even to that 24 I may waive those rights or risk losing their 24 question. Though I would be more than happy to 25 representation. 25 answer it, my attorneys have counseled me that by 41 (Pages 158 to 161) UNIVERSAL COURT REPORTING ( ) EFTA01076690 Page 162 Page 164 1 doing so, I may waive those rights and risk losing 1 A Excuse me. 2 their representation. 2 Q In either 2001 or 2002, did inform you 3 BY MR. HOROWITZ: 3 that she had received a telephone call in which she was 4 Q Okay. Sir, I'm going to ask you a few 4 referred to an underage girl named Jane Doe 5 who would 5 questions about a young woman named Jane Doe 5. 5 be willing to come to your home and give you a massage 6 A Yes. Okay. 6 for money? 7 Q First name is Jane Doe 5. 7 MR. PIKE: Form. 8 MR. PIKE: You said her last name was Jane Doe 8 THE WITNESS: I'd like to answer that question, 9 5? 9 as Pd like to answer mostly every one of your 10 MR. HOROWITZ: Yes. 10 questions here today. These questions, my 11 BY MR. HOROWITZ: 11 attorneys have counseled me. I cannot answer today 12 Q So you know her as Jane Doe 5? 12 because — as they may be relevant to the lawsuit. 13 MR. PIKE: Form, mischaracterizes the witness' 13 They have instructed me that I must assert my 14 testimony, move to strike. Let's not play with 14 Sixth Amendment, Fourteenth Amendment and Fifth 15 words. 15 Amendment Rights, though I'd very much like to 16 BY MR. HOROWITZ: 16 answer that question. 17 Q Do you recognize her name as or Jane Doe 17 BY MR. I IOROWITZ: 18 5? 18 Q Did E. inform you that she was provided with 19 A 1don't recognize her name. 19 Jane Doe 5's telephone number? 20 Q Okay. Well, for the moment I would like you to 20 MR. PIKE: Form. 21 hold on to that name, so — because I'll be asking you a 21 THE WITNESS: Again? 22 series of questions about it, okay? 22 BY MR. HOROWITZ: 23 A Okay. 23 Q Did NI inform you that she was provided with 24 Q Isn't it true that a girl named Jane Doe 5 came 24 Jane Doe 5's telephone number? 25 to your Palm Beach estate in approximately 2001 or 25 A "Provided with" — I — I don't understand the Page 163 Page 165 1 2002? 1 question. 2 MR. PIKE: Form. 2 MR. PIKE: Form to that. And I know you're 3 THE WITNESS: I'd like to answer that question 3 going to ask it again. 4 with respect to Miss Jane Doe 5. 4 THE WITNESS: Yes, he is. 5 Q I asked you the right -- I know you did write 5 BY MR. HOROWITZ: 6 it down. 6 Q Did — I'll try and ask it as fundamentally as 7 A I know. But how did you pronounce it? 7 I can. 8 Q Jane Doe 5. 8 A Okay 9 A Okay. However, my attorneys have counseled me 9 Q Did M. inform you that she had Jane Doe 5's 10 that at least today I cannot answer questions that may 10 telephone number? 11 become relevant to any of your lawsuits that you have 11 A I'd like to answer that question. I've been 12 filed with respect to these girls, or your partner filed 12 have -- Pd like to answer every question you've asked 13 before he became suspended by the Florida Bar for 13 here today. However, on advice of counsel, they've 14 improper behavior. 14 instructed me that I cannot answer that question today 15 So, though Pa like to answer that question, 15 because it may be relevant to one of your lawsuits filed 16 Mr. Horowitz, as I would Ince to answer every one of 16 by either you, Mr. Edwards -- Mr. Edwards' partner who 17 your questions, at least today, I am going to have to 17 sits in jail, your partner who's been suspended from the 18 assert the rights dictated to me by my counsel, either 18 Florida Bar. 19 the Sixth Amendment, Fourteenth and — or Fifth 19 So, though I'd like to answer that question, at 20 Amendment, or all of the above. 20 least today, my counsel said I risk waiving those rights 21 I mean, I would like to answer each and every 21 under the Sixth, Fourteenth and Fifth, or risk losing 22 one of your questions. If I do so, I'm told that I risk 22 their representation. 23 waiving those rights, or losing their representation. 23 Q Did you instruct to call Jane Doe 5 to 24 BY MR. HOROWITZ: 24 come to your home and give you a massage in 2001 or 25 Q All right. 25 2002? 42 (Pages 162 to 165) UNIVERSAL COURT REPORTING ( ( EFTA01076691 Page 166 Page 169 1 MR. PIKE: Form. 1 telephone that Jane Doe 5 would be at your home at a 2 THE WITNESS: This is the same Jane Doe 5 -- 2 specific time to give you a massage? 3 whatever her name is? 3 MR. PIKE: Form. 4 MR. HOROWITZ: Yes, keep that same person in 4 THE WITNESS: I'd like to answer that 5 your head. 5 question. I'd like to answer every one of your 6 THE WITNESS: It's a little bit tough. I'd 6 questions posed here today, Mr. Horowitz, However, 7 like to answer that question. I'd like to answer on advice of counsel, they've instructed me that I 8 all your questions. However, today, my counsel has 8 must assert my Fifth Amendment, Sixth Amendment and 9 advised me that I cannot answer any questions that 9 Fourteenth Amendment Right 10 may be relevant to the lawsuit, and they've 10 BY MR. HOROWITZ: 11 instructed me that I must assert my Fourteenth, 11 Q Was it your intent during the course of Jane 12 Fifth and Sixth Amendment Rights. 12 Doe 5's visit to your home in either 2001 or 2002, that 13 And by answering those questions, that I choose 13 you would persuade, induce or entice her to engage in 14 — that prefer to do so today, they've instructed 14 sexual activity? 15 me that I may waive those rights, or risk losing 15 MR. PIKE: Form. 16 their representation. 16 THE WITNESS: It would give me great pleasure 17 BY MR. HOROWITZ: 17 to be able to answer that question to you, as it -- 18 Q Did you inform that the massage Jane Doe 5 18 as all the other questions you've asked about these 19 was to give you would be sexual in nature? 19 girls here today. My counsel has told me that I 20 MR. PIKE: Form. 20 cannot answer those questions that may be relevant 21 THE WITNESS: I'd like to answer each and every 21 to any of the lawsuits brought by you, your partner 22 one of your questions. My counsel has advised me 22 that's been suspended or disbarred -- I'm not 23 — my counsel has advised me that I cannot today, 23 really sure what the difference Is -- or 24 and they've instructed me that I should assert my 24 Mr. Edwards' partner who sits in a Florida jail for 25 Fourteenth Amendment, Sixth Amendment and Fifth 25 fleecing people out of millions of dollars by Page 167 Page 169 1 Amendment rights. 1 crafting cases of a sexual nature against people 2 And if l choose not to do so, l risk waiving 2 like me and others, and those are -- though I'd 3 those rights, or losing their representation. So, 3 late to answer those questions, my counsel has 4 though I'd like to answer that question, I cannot. 4 advised me, at least today, that I cannot. 5 BY MR. HOROWITZ: 5 BY MR. HOROWITZ: 6 Q Did you observe ■. speaking with Jane Doe 5 6 Q During the course of Jane Doe 5's visit to your 7 on the telephone to arrange for Jane Doe 5 to come to 7 home in 2001 or 2002, did you, in fact, persuade, induce 8 your home for a massage? 8 or entice her to engage in sexual activity with you? 9 MR. PIKE: Form. 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to answer each one of 10 THE WITNESS: Though I'd like to answer that 11 your questions, Mr. Horowitz, each and every one 11 question, as well as every other question you've 12 that you've posed hero today, but I am going to 12 asked me here today, I stn going to respond in a 13 have to answer that question, as I've answered most 13 similar fashion, which is my counsel, at least 14 of your other questions here today, which is my 14 today, has told me I may not, may not respond, and 15 counsel has advised me, at least today, at least 15 must assert my rights under the Fourteenth, Sixth 16 today, that I cannot answer those questions and 16 and Fifth Amendment. 17 must assert my Fourteenth Amendment Rights, Sixth 17 Though I'd like to respond to each question, my 18 Amendment Rights and Fifth Amendment Rights or -- 18 counsel has told me that if I choose to do so, I 19 BY MR. HOROWITZ: 19 risk waiving those rights and losing their 20 Q Did — 20 representation. 21 A I'm sorry. 21 BY MR. HOROWITZ: 22 Q Pm sorry, go ahead. 22 Q Did you pay for Jane Doe 5 to take a taxi to 23 A — or risk waiving those rights, or losing 23 your home in either 2001 or 2002? 24 their representation. 24 MR. PIKE: Form. 25 Q Did tell you that she had confirmed by 25 THE WITNESS: I'd like to answer each question 43 (Pages 166 to 169) J UNIVERSAL COURT REPORTING EFTA01076692 Page 170 Page 172 1 you've asked me here today. However, on advice of 1 MR. PIKE: Form. 2 counsel, they've asked — they've instructed me to 2 THE WITNESS: I'd like to answer that 3 assert my Fifth Amendment, Sixth Amendment and 3 question. I'd lice to answer every question you've 4 Fourteenth Amendment Rights under the U.S. 4 posed here today, but unfortunately, I am going to S Constitution. 5 have to respond the same way I've responded to most 6 Though I'd like to answer each question, I have 6 of these other questions, which is my counsel has 7 to respond, unfortunately, the same way I've 7 advised me that at least today, I cannot answer 8 responded to mostly every one of your questions 8 those questions. And if I choose to do so, I may 9 here today, and assert those rights on counsel's 9 waive my rights, but so I must assert them 10 advice, or risk waiving those rights and losing 10 under the Sixth, Fourteenth and Fifth Amendment. 11 their representation. 11 BY MR. HOROWITZ: 12 BY MR. HOROWITZ: 12 Q During Jane Doe 5's visit to your home in 2001 13 Q During Jane Doe 5's visit to your home in 13 or 2002, were you nude in front of Jane Doe 5? 14 either 2001 or 2002, Jane Doe 5 told you she was under 14 A I'd like to answer — 15 18, didn't she? 15 MR. PIKE: Form. 16 MR. PIKE: Form. 16 THE WITNESS: — that question. I'd like to 17 THE WITNESS: I'd like to answer that 17 answer every question you've asked me here today. 18 question. I'd like to answer every question you've 18 But my counsel has advised me that I may not answer 19 asked me here today. I'd like to answer the 19 any questions that may be relevant to your lawsuit, I 20 questions posed by you, Mr. Edwards, your partner, 20 Mr. Edwards' lawsuit, his partner's lawsuit who 21 Mr. Herman, who unfortunately was suspended after 21 sits — his partner who sits in jail, and my 22 he filed these cases, Mr. Edwards's partner who's 22 counsel has advised me that, though his partner 23 sitting — sitting in a jail for fabricating cases 23 sits in jail for bringing fabricated cases of a 24 of a sexual nature against people like me and 24 sexual nature against people like me and others, 25 others for stealing money from people in South 25 that I still have to assert my rights under the Page 171 Page 173 1 Florida. 1 Sixth Amendment, Fifth — Fourteenth Amendment and 2 I'd like to answer every question you've asked 2 Fifth Amendment; otherwise, I risk waiving those 3 me here today, Mr. Horowitz, but my counsel has 3 rights, or losing their representation. 4 instructed me that I may not. 4 BY MR. HOROWITZ: 5 BY MR. HOROWITZ: 5 Q During the course of Jane Doe 5's visit to your 6 Q When Jane Doe 5 came to your home in either 6 home in either 2001 or 2002, did you instruct Jane Doe 5 7 2001 or 2002, she appeared to you to be under the age of 7 to remove all of her clothing? 8 18; isn't that right? 8 MR. PIKE: Fonn. 9 MR. PIKE: Form. THE WITNESS: I'd like to answer that 10 THE WITNESS: I'd like to answer all your 10 question. Pd like to answer every question you've 11. questions. I'd like to answer each and every one 11 asked me here today with specificity. However, my 12 of your questions. However, my counsel has 12 counsel has told me that I may not answer any 13 instructed me that I may not answer any questions 13 questions that may be relevant to this lawsuit, 14 that may be relevant to this lawsuit, or any of 14 must assert my rights under the Fourteenth, Sixth 15 your lawsuits brought by your firm, your suspended 15 and Fifth Amendment, so I must respectfully 16 partner or Mr. Edwards' firm, his partner who sits 16 decline, Mr. Horowitz. 17 in jail excuse me. 17 BY MR. HOROWITZ: 18 So, though I'd like to answer those questions, 18 Q During the course oflane Doe 5's visit to your 19 I was told that — by my counsel that if I choose 19 home in 2001 or 2002, did you instruct Jane Doe 5 to 20 to do so, I risk waive risk waiving my right and 20 pinch your nipples and rub your chest? 21 risk losing their representation. 21 MR. PIKE: Form. 22 BY MR. HOROWITZ: 22 THE WITNESS: Like all the other questions -- 23 Q During Jane Doe 5's visit to your home in 2001 23 questions you've asked me here today, I'd love to 24 and 2002, she told you she attended 24 answer that question. I'd love to answer each and 25 isn't that right? 25 every one of your questions here today, but my 44 (Pages 170 to 173) UNIVERSAL COURT REPORTING EFTA01076693 Page 174 Page 176 1 counsel has told me I cannot. They've instructed 1 that question very much. However, my counsel has 2 me that I have to assert my Fourteenth, Fifth and 2 advised me I may not, today anyway, and I must 3 Sixth Amendment Rights. And, though I'd like to 3 assert my right under the Sixth, Fourteenth or -- 4 answer -- prefer to answer, that by doing so, I may 4 and/or Fifth Amendment. 5 waive those rights, and risk — and/or risk losing 5 And, though I'd like to answer that question 6 their representation. 6 specifically — I'd like to answer it to you, I'd 7 BY MR. HOROWITZ: 7 like to answer it to your partner who's not here 8 Q Okay. During the course of Jane Doe 5's visit 8 because he's been suspended from the practice of 9 to your home in 2001 or 2002, isn't it true you asked 9 law in South Florida after he filed this lawsuit. 10 Jane Doe 5 questions about her sexual experience and 10 I'd like to answer that question specifically to 11 preferences? 11 Mr. Edwards' partner who remains in jail for 12 MR. PIKE: Form. 12 perpetrating a fraud on people in South Florida, 13 THE WITNESS: I'd like to answer each and every 13 stealing money from them. 14 one of your question about Jane Doe 5 -- Jane Doe 5 14 Unfortunately, under -- my counsel has told me 15 and her claims. However, my attorneys have told me 15 that I must respectfully decline and assert my 16 I cannot, at least today, answer any of those 16 rights, or risk waiving those rights and losing 17 questions that may be relevant to the lawsuit that 17 their representation. 18 you have filed, your suspended partner has filed, 18 THE WITNESS: I'm going to have to take a 19 Mr. Edwards has filed, his partner in jail has 19 break. 20 filed. 20 THE VIDEOGRAPHER: Going off the record. Time 21 Unfortunately, there's lots of things I cannot 21 off the record 2:25. 22 answer questions to. My partner -- my counsel has 22 (Thereupon, a short break was taken.) 23 told me that I risk waiving my rights and losing 23 THE VIDEOGRAPHER: Time on the record 2:37. 24 their representations, if I choose to do so. 24 'Ills is Tape 4. 25 BY MR. HOROWITZ: 25 BY MR. HOROWITZ: Page 175 Page 1 Q During the course of Jane Doe 5's visit to your 1 Q Okay. We've been discussing Jane Doe 5 for 2 home in 2001 and 2002, did you remove Jane Doe 5's bra 2 some time now. Okay. I'm going to ask you a few more 3 and 3 questions about her. During the course of Doc C's 4 MR. PIKE: Form. 4 visit to our home in 2001 and 2002, 5 THE WITNESS: The answer is: I'd like to I 6 answer that question. I believe Jane Doe 5 6 MR. PIKE: Form, and assumes facts not in 7 testified that that was not the case, or you're 7 evidence. 8 asking me a question that she testified to 8 THE WITNESS: I'd like to answer that something else? But, though I cannot answer those 9 question. I'd like to answer every question you've 10 questions, my counsel has advised me that I have to 10 asked me here today. But on advice of counsel, 11 assert my rights under the Fifth, Fourteenth and 11 they've instructed me, I must assert my Sixth 12 Sixth Amendment. So, though I'd like to answer 12 Amendment, Fourteenth Amendment and Fifth Amendment 13 that question, I may not. 13 Rights. 14 BY MR. HOROWITZ: 14 BY MR. HOROWITZ: 15 Q Well, which version of events is true, that you 15 Q During the come oflane Doe 5's visit to our 16 did touch her breasts, or that you did not touch her 16 home in 2001 and 2002, 17 breasts? 18 A Are you asking me whether she tells the truth 18 MR. PIKE: Form. 19 or not in her deposition? Is that the question? 19 THE WITNESS: Pm afraid it's the same answer 20 Q My question is: Which version of events is 20 as most of the other answers I've given here 21 true, that she touched your breasts -- that 21 today. Though I would like to answer these 22 questions with specificity, especially that 23 MR. PIKE: Form. 23 question, my counsel has advised me that I may not, 24 THE WITNESS: I'd like to answer that 24 and must assert my rights under the Sixth 25 question. As you might imagine Pd like to answer 25 Amendment. Fourteenth and Fifth Amendment. 45 (Pages 174 to 177) UNIVERSAL COURT REPORTING ( ) EFTA01076694 Page 178 Page 180 1 And if I chose to answer, which I prefer to do, 1 that was suspended or disbarred after he brought 2 they've advised me I may waive those rights, or 2 these lawsuits. So, though I'd like to answer the 3 risk losing their representation. 3 question, Mr. Horowitz, my attorneys have advised 4 BY MR. HOROWITZ: 4 me, at least today, that I must assert my rights 5 Q During the course of Jane Doe Ss visit to our under the Sixth, Fourteenth and Fifteen -- Fifth 6 home in 2001 and 2002, did - 6 Amendment, and I respectfluly have to decline. 7 BY MR. HOROWITZ: 8 I 8 MR. PIKE: Form. Q During the course of Jane Doe 5's visit to your 9 THE WITNESS: I'd vety much like to answer that 9 home in 2001 or 2002, did you masturbate in her 10 question as well, Mr. Horowitz, but my attorneys 10 presence? 11 have advised me today that I cannot, and I must 11 MR. PIKE: Form. 12 assert my rights under the Sixth, Fifth and 12 THE WITNESS: I'd very much like to answer 13 Fourteenth Amendments. 13 every question, every single question regarding 14 Though it would -- I'd prefer to answer the 14 Jane Doe 5 and her claims. However, my attorneys 15 question, they told me that if I choose to do so, I 15 have advised me, at least today, that I may not do 16 risk waiving those rights. I would prefer to have 16 so, and must assert my rights under the Sixth 17 that conversation with your partner that was 17 Amendment, Fourteenth and Fifth Amendment. 18 suspended or disbarred from the Florida Bar after 18 And, though I would prefer to answer, they have 19 filing the lawsuit on Jane Doe 5's behalf. I'd 19 advised me that if I choose to do so, 'risk 20 prefer to talk to Mr. Edwards' partner, if he was 20 waiving those rights and risk losing their 21 able to be here, except he's in jail for 21 representation. 22 fabricating cases of a sexual nature against people 22 BY MR. HOROWITZ: 23 like me. So, believe me, I'd like to answer those 23 Q During the course of Jane Doe 5's visit to your 24 questions, but today my attorneys have told me I 24 home in 2001 or 2002, did you ejaculate in her presence? 25 may not. 25 MR. PIKE: Form. Page 179 Page 181 1 BY HOROWITZ: 1 THE WITNESS: Did I ejaculate in Miss Jane Doe 2 Q During the course of Jane Doe 5's visit to our 2 5's presence? I'd like to answer that question and 3 home in 2001 or 2002, 3 that all her claims -- however, today, my attorneys 4 have counseled me that I may not. 5 MR. PIKE: Form. 5 They've instructed me that I have to assert my 6 THE WITNESS: Pd like to answer that 6 Sixth Amendment, Fourteenth Amendment and Fifth 7 THE VIDEOGRAPHER: Hold on. There's major 7 Amendment Rights. Though I'd like to answer that 8 static. Time off the record 2:40. 8 question, I am going to have to respond as I've 9 (Thereupon, a short break was taken.) 9 answered most of your other questions here today, 10 THE VIDEOGRAPHER: Time on the record 2:41. 10 which is by asserting those rights. 11 MR. HOROWITZ: Back on the record. I don't 11 BY MR. HOROWITZ: 12 know that we did or did not get an answer to this 12 Q Did you have sexual contact with lane Doe 5 in 13 question, so I'm going to repeat it. And if you 13 your Palm Beach home in either 2001 or 2002? 14 have to repeat your answer, I apologia. 14 MR. PIKE: Form. 15 MR. PIKE: Thank you. 15 THE WITNESS: "Sexual contact"? 16 BY MR. HOROWITZ: 16 MR. HOROWITZ: Yes. 17 Q During the course of Jane Doe 5's visit to ur 17 THE WITNESS: Can you tell me what you mean by 18 home in 2001 or 2002, 18 that? 19 BY MR. HOROWITZ: 20 MR. PIKE: Form. 20 Q Contact, sexual — of a sexual nature. Do you 21 THE WITNESS: I'd like to answer the questions 21 understand -- do you understand what that means? 22 about Jane Doe 5. However, my attorneys have told 22 A I've asked you — 23 me that I may not answer any questions regarding 23 Q Have you had sexual contact? 24 anything that may be relevant to any of the 24 A I've asked you to clarify what you mean, 25 lawsuits brought by you, your film your partner 25 please. 46 (Pages 178 to 181) UNIVERSAL COURT REPORTING EFTA01076695 Page 182 Page 184 1 Q Well, fm going to use a broad definition, 1 MR. PIKE: Form. 2 okay? 2 THE WITNESS: I would like to respond to every 3 A Yes. 3 single one of your client's claims. My attorneys 4 Q That would involve touching someone's sexual 4 have advised me at least today, I cannot answer any 5 o s someone else touchi ur 5 questions that may be relevant to those claims. 6 And, though your partner who filed this lawsuit on Did you have any of those activities of a 7 Miss Jane Doe 5's behalf was disbarred -- suspended 8 sexual nature with Jane Doe 5? 8 by the Florida Bar — suspended by the Florida Bar 9 MR. PIKE: Form. 9 after filing this claim, or Mr. Edwards', who filed 10 THE WITNESS: I'd like to respond to every one 10 similar claims, partner who sits in jail, I'd like 11 of Jane Doe 5's claims. However, today, my counsel 11 to answer every single question. However, today, 12 has advised me that I may not. So I am going to 12 my attorneys told me that if I do so, choose to do 13 have -- under their instructions have to assert my 13 so, I risk waiving my rights and risk losing their 14 Sixth Amendment, Fourteenth Amendment and Fifth 14 representation. 15 Amendment Rights. Though Pd like to answer that 15 BY MR. HOROWITZ: 16 question, I've been told that if I choose to do so, 16 Q Mr. Epstein, Jane Doe 5 told you when she was 17 I risks losing their representation and waiving 17 in your home that she did not want you to touch her 18 those rights. 18 body, isn't that true? 19 BY MR. HOROWITZ: 19 MR. PIKE: Form. 20 Q During the county of Jane Doe 5's visit to our 20 THE WITNESS: I would very much like to answer 21 home in 2001 or 2002. did ou also 21 every question regarding Jane Doe 5's claims, but in the presence of Jane 22 today my attorneys have informed me that I may not 23 Doe 5? 23 answer, and must assert my rights under the Sixth, 24 MR. PIKE: Form. 24 Fifth and Fourteenth Amendment. So, though I would 25 THE WITNESS: I'd like to respond to every one 25 like to answer those questions, I — my attomeys Page 183 Page 185 1 of Miss Jane Doe 5's complaints or claims. My 1 have informed me that if I choose to do so, which 2 attorneys have told me that, at least today, that I 2 is my preference, I would risk losing their 3 may not do so today, and must assert my rights 3 representation and waiving my rights. 4 under the Sixth Amendment, Fifth Amendment and 4 BY MR. HOROWITZ: 5 Fourteenth, and I have to respond the same way I've 5 Q Mr. Epstein, you made sexual contact with Jane 6 responded to most of your — my — your other 6 Doe 5 after she indicated to you that she did not want 7 questions posed here today. 7 to be toothed by you, isn't that right? 8 BY MR. HOROWITZ: 8 MR. PIKE: Form. 9 Q Did you pay Jane Doe 5 $200 after you had 9 THE WITNESS: I'd like to answer each and every 10 sexual contact with her in your home? 10 one ofyour questions regarding Miss Jane Doe 5's 11 MR. PIKE: Form. 11 claims. However, my attorneys have advised me that 12 THE WITNESS: I'd like to respond to every one 12 today at least, I may not answer those claims, and 13 of Jane Doe 5's claims, but my attorneys have 13 must assert my rights under the Fourteenth 14 advised me that at least today I must assert my 14 Amendment, Sixth Amendment and Fifth Amendment. 15 rights under the Fifth, Sixth and Fourteenth 15 And, though as you might imagine, I would like 16 Amendment. Though I'd like to answer that 16 to answer those claims with — questions with 17 question, I ant going to have to respond similarly 17 specificity, my counsel has told me that if I 18 that I've answered most of your other questions 18 choose to do so, I waive — I might risk losing 19 here today. This is no different. 19 their representation and waive — waiving some of 20 And I — though I would — I've been advised by 20 my rights. 21 my attorneys, if I choose to answer, I risk waiving 21 BY MR. HOROWITZ: 22 my rights and/or risk losing their representation. 22 Q Did you t to ersuade Jane Doe 5 that it was 23 BY MR. HOROWITZ: 23 okay for you to while she 24 You never asked Jane Doe 5 for permission to 24 was still a child? 25 correct? 25 (Videotaped deposition continued in Volume IL) 47 (Pages 182 to 185) UNIVERSAL COURT REPORTING ( ) EFTA01076696 Page 186 Page 188 1 UNIVERSAL LEGAL IteeRTING 1 IN EAST LAS CHAS 004.11.8VAS/9 SUITE 501 2 2 TIWillir.PLORMA 33931 3 STATE OF FLORIDA ) 3 Waren, 1010 kb 492076A Verna 4 COUNTY OF BROWARD ) 5 5 /etre EdwardEnna. etas Need/ Pat Set 6 MI fees Beevard. See 4119 7 6 Wen he Back More 3)401 1, the undersigned authority, certify that RS. her Doe Na 2 n ken Epset 8 Jeffrey Edward Epstein personally appeared before me and CAM NO. 0OCV40119-MARRA/10/INSON 9 was duly sworn. De Mr Apes 9 10 Flee it. nee el on March $.1009 Yes 11 WITNESS my hand and official seal this 22nd day IC nna yo 4nosnorn ts the abannefted now.. Al et line. ea did non wee nse ensue Iti1sew 12 of March, 2010. 11 neeenewe tete tips ye detain 13 As scene agreed lc, en tenet net* 12 heed thee thresh )eur easel Peas wad the 14 fcanneineutssm 13 At be 139. no toll kid an etre she As 15 en reed you &eine ow dens in ccerecriens 16 14 nr r)..ul, 1. elt eel b tote en the nun en ranges and lire saber of sad *see DO Vicki L Lima, Court Reporter 15 NOT wee the emcee elf One Ye lee mad Sit eaten d noe Orrta.b4 two 63 ran 17 Notary Public - State of Florida 14 zed en Itat ens than and fen tee peas as us Commission No: DD 882608 17 si evens led *bon Too we on its, St awe ntcsipt 18 Expiration Date: May 26, 2013 Wei do re rade sip to &peel It u San ten (10) deer. the OfiSal....0 54' agadY Job #92076-A tCOMformided orbs orting aunwy. may be ted 19 19 ogee Celt of the Coat Iran wish n winner seen se ea ant an dw Nnaii r the teen or 20 20 this leer wed Wall ilia 6. 21 Verl MAY per,. 21 ththanal Leal Rene 22 22 23 ViehL tie 23 (en Reporter NouryPoNs 24 24 I do baby vain doyenne 25 25 Page 187 Page 189 1 ERRATA SHEET CERTIFICATE 2 IN RE: gant Doe Na 2 vs Jeffrey Edward Epstein 3 DEPOSITION OP: lerhey Edvaid Epode. Volume I ) STATE OF FLORIDA ) 4 TAKEN. Meat 8. 20Id COUNT Y OF DROWAILD ) 5 DO NOT WRITE ON TRANSCRIPT- ENTER CHANGES )(EWE 1 Vicld L. Lam. Cowl Relent Nanny Public 6 PAGES LINES CHANGE REASON m and fin the Slate of Florida in Large, do hereby codify that the oforamantictied witness was by the fat I duly sworn to testify to the whole malt. that I was anthonted to and did neon said deposition In a stonorype; and that the foievoing pages native and correct na,uaipliwr am) shorthand noon of 9 depOnne 10 10 11 I further candy that the told deposeon was 11 taken es the tine and place Wen:above ter forth and 12 that the talons of sad deposition was ontianowcd and 12 caen$eted as beteinabove set out 13 13 I farther Califr Mail am not an enemy ce 14 conned of any of the panics, nor arn I *retrain or 14 employed of any attorney cc counsel of any party 15 connected with this action. nor aid interested in the 15 sition 16 16 The foirgoing certiFumion of loin uanscript 17 dees not apply to any reproduction of the same by any 17 meant union unda the dtreot camel andSn &Mellon 18 or the califyind Rawer. 18 19 iN WITNESS WHEREOF. I have hereunto set my hand this 22nd day of Much, 2010. 19 20 21 20 Hesse Sward tbe enema) aped errata sheet Adis 22 Vat L. Lima Court Rnoner 21 ante tote copies may be diatnlaled bail pries. Notary Public • State otFlonas 22 Undies wok of popsy, l deciat• dim I bay mid my 23 Cossniswen Nv DO 882608 dmosmon and that it and correct aided to Emmatioa Date. May 26.2013 23 ay elate se forma sublime muted bens 24 Job *92076-A 24 DATE SIGNATURE OF DEPONENT 25 25 Job #92076-A 48 (Pages 186 to 189) UNIVERSAL COURT REPORTING ( ) EFTA01076697