1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA ORIGINAL RE: OPERATION LEAP YEAR TESTIMONY OF SPECIAL AGENT Federal Grand Jury 07-103 Federal Building U.S. Courthouse West Palm Beach, Florida Tuesday, March 20, 2007 APPEARANCES: Assistant United States Attorney HELENA JOSETTE JONES-PARSONS, Foreperson OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179366 2 The sworn testimony of SPECIAL AGENT was taken before the Federal Grand Jury, West Palm Beach Division, Federal Building, U.S. Courthouse, Palm Beach County, State of Florida, on Tuesday, March 20, 2007. Certified Court Reporter and Notary Public, State of Florida, Official Reporting Service, LLC, 524 South Andrews Avenue, Suite 302N, Fort Lauderdale, Florida, 33301, was authorized to and did report the sworn testimony. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179367 3 (Witness enters the Grand Jury Room.) THE FOREPERSON: You do solemnly swear that the testimony you give will be the truth, the whole truth, and nothing but the truth, so help you God? THE FOREPERSON: Thank you. Please be seated. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179368 4 Q And do you know approximately when those photographs were taken? A They were taken during the same time period that we are investigating, '04 and '05. There may have been a few in '03, but it was within a year's time of six months within the activity that we are investigating. Q All right. Let me show you what has been marked as Grand Jury Exhibits 1 and 2, and can you tell us what Exhibit 1 is? A Exhibit 1 is and it's a photograph of her with her date of birth listed. Q And what is Exhibit 2? A A photograph of with her date of birth as well on it. MS. And I will just pass those to the grand jury. BY MS. Q Now the last time that we were here, you had described how Haley R. had brought to Mr. Epstein's home? A Yes. Q Did Haley R. bring other girls to the Epstein house? A Yes, she did. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179369 5 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179370 6 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179371 7 Q Let me show what has been marked as Grand Jury Exhibit Number 3, and what is Exhibit 3? A This is a photograph of . with her date of birth, Q Now you mentioned that in March of 2004 and April of 2004, there are these records of phone calls and did say how old she was when she first went to Mr. Epstein's house? A I'm sorry. Did say how old she was? Q Did she tell you or the police officers how old she was? A Yes. I'm sorry. I thought your question was did she tell Mr. Epstein. She told me that she was 16 when she went to Mr. Epstein's house. Q Okay. That is consistent with those phones calls? A Yes, it is. Q Okay. Now during her first visit with Mr. Epstein, what happened? A She went to Mr. Epstein's house. took her there. told her she didn't have her driver's license at that time, which she told OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179372 8 her she got her driver's license when she was 17. So drove her to Mr. Epstein's house. She provided Mr. Epstein with a few massages. She remained clothed both times that she gave him a massage. At this time, she kept her clothes on. I think one time she was wearing shorts and a T-shirt, maybe the second time she was wearing jeans and a T-shirt. That he constantly grabbed and pulled at her during the massage trying to draw her closer to him, but at that time, you know, there was no sexual activity other than the grabbing and pulling. There was no sexual activity that took place on those first couple of massages, and she remained clothed at that time. Q Now after those first few massages, was there a break in time before returns to the Epstein house? A told us that she and had had some kind of a fight or a disagreement, a breakup in their relationship, so there was a time period where she did not go back to Mr. Epstein's house. Q And when -- did there then come a time OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179373 9 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179374 1 0 A Yes, there was. during my interview with she became very upset when discussing the sexual activity that took place at that time. She stated that Mr. Epstein had digitally penetrated her. It began first by rubbing her on the outside of her vagina and then on more than one occasion actually penetrating her with his fingers. He would request her to pinch his nipples. He rubbed her breasts as well. She stated that there was a vibrator that was used on her vagina as well, did not penetrate her, but that she described the vibrator as being a white vibrator with a gray head, and several of the other victims have said the same thing, described it similar to that. Q And just before I forget, when you testified about , did also report having a vibrator used on her? A Yes. Q And, again, so the record is clear, when you are talking about these vibrators, they are the large back massager type vibrator? A We have had some girls just describe OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179375 1 1 them as a vibrator. We have had some girls just describe them as a back massager and then we also had girls describe them as both, because of the size of it, I think some girls are more aware of what a vibrator would look like due to their ages. You know, I don't know that everybody knew exactly what a sexual vibrator looked like, but they all vibrated, and we have actually had that described, and described it as both, a vibrator slash massager, saying that it was, you know, large in nature. Q Okay. Now in addition to using that massager and digitally penetrating, was there other sexual activity? A Yes. Several times during the massages, Mr. Epstein would have straddle him while he laid on his stomach and then he would reach between her legs and masturbate and occasionally -- Q And this is when he was laying on his back not his stomach? A I'm sorry. Did I say that? Q You said on his stomach. A He is laying on his back. She's on top of him straddled, and he is reaching between her OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179376 12 masturbating, and he has attempted to put his penis on her vagina, never penetrating her, but that was what was described to us by. Q Now when was first interviewed by the Palm Beach Police? A She was interviewed October 6th of 2005. Q And at that time, did she say when her last visit was to Mr. Epstein's house? A Yes, she said October 1st, 2005, was the last massage that she had given Mr. Epstein. Q Is there any other evidence that was recovered from Mr. Epstein's or his household items that would confirm that statement? A We have a message pad. During the search warrant, several of the message pads -- I don't know if we referred to them at this stage. We may not have. We recovered -- well, I shouldn't say we, the Palm Beach Police Department recovered several message pads. They were carbon copy message pads. So we have several of those books from their search warrant and in there, there is a message on October 1st confirming appointment for the massage as well as another OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179377 1 3 girl,. Q And is there also evidence that and Kellen actually spoke on October 1st before that message? A We have cell phone calls between Kellen and as well as the message which was from to Jeffrey regarding -- confirming the appointment for , but we have a cell phone call I believe it was a little bit earlier from or maybe it was to , but it is definitely between the two of them on that same day. Q All right. When was interviewed by the Palm Beach Police Department, did she describe all of the sexual activity? A No, she did not. She did not tell them about the vibrator or the -- she didn't tell them about the vibrator or the penetration. Q And, again, you said that when you brought up -- did you sort of confront her with the idea that more had occurred? A I did, and she was very embarrassed about the vibrator. I asked her at one point if Mr. Epstein had given her any gifts and she got very red in the face and began to tear up and you OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179378 1 4 could see that she was very embarrassed. So we took a little bit of a break, but then she was able to say that Mr. Epstein had provided her as a birthday present a vibrator. So not only was there a vibrator back massager used on her, but at this time -- and I think that's kind of what got talking about the sexual activity that she was able to tell me that, and she was very, very embarrassed, but that Mr. Epstein had given her for her eighteenth birthday a vibrator. Q Now you mentioned that that happened on her eighteenth birthday? A Yes. Q And was she able to tell you whether Mr. Epstein knew it was her eighteenth birthday? A She stated that Mr. Epstein provided to her on her eighteenth birthday the vibrator and shortly -- well -- Q So before you had said that Haley had instructed to tell everyone that she was 18; do you remember that? A Yes. Q But at some point, the people in the Epstein household learned that she hadn't turned OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179379 15 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179380 16 A She stated that Kellen, that Jeffrey's assistant, would call her and set up appointments, and that sometimes she would call her on her cell phone from New York, from the Islands, and say that they were coming into town, was she available. She would also call while they were in town to see if she was available for massages, to give massages to Mr. Epstein, and stated that Nadia, who we have identified as Nadia Marcinkova, called her a few times as well to set appointments up. Q And when those appointments were made how would reach? A By phone. Q All right. And whether she was in town or out of town, she would call cell phone? A Yes. Q All right. Now was there any -- during the interview with the police department, did the police department ask about what she discussed with Jeffrey Epstein during the massages? A I would have to check the police reports OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179381 17 to give specifics on that. Q All right. A My answer to your question is yes. Q Okay. And what did she say were some of the topics of discussion? A Mr. Epstein asked her questions about herself, asked her if she was a soccer player or that -- Jeffrey knew that she was a soccer player and asked questions about her college, about where she was going to school. is currently going to and she had advised Mr. Epstein that she would be attending college at . Q So that was a -- but that was her future plan? A Yes. Q So in other words, did Mr. Epstein know that she was in high school at the time? A Yes, he did. And the Palm Beach Police asked if Jeffrey knew her age and told the Palm Beach Police Department, he didn't care what my age was. Q Now did describe either to you or to the police department how she would be paid for these massages? OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179382 18 A She stated she was paid $200 and that she received anywhere from two to $300. Q With every visit? A With each visit. Q Okay. Did she say who would provide her with that money? A She said that Jeffrey paid her at the end of the massage. Q All right. You mentioned the gift of the vibrator. Were there other gifts that were given to? A Yes. The time period is unclear, but the vibrator was given to her for her eighteenth birthday. There were three sets of bra and underwear, panties, Victoria Secret bra and underwear sets that were also given to as gifts from Mr. Epstein. Q Now I know that we talked earlier about the fact that Haley is the person who brought to Mr. Epstein's house. Did ever bring anyone to Mr. Epstein's house? A brought a female by the name of M. and that was a friend of. Q And let me show you what has been marked as Grand Jury Exhibit 4, and what is Grand Jury OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179383 1 9 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179384 20 performed two to three massages out of those five or ten and in her underwear and bra only, and that he would push her each time. He would just push her to do more and on the third -- I believe she stated the third or fourth massage, he told her that she could make more money if she removed her clothing, because she stayed clothed during the first few massages, and she was paid $200 for each of those massages. On the third or fourth massage, Mr. Epstein said that she could make more money if she removed her clothing. So around the fourth or fifth time, she did start taking off her clothing down to her underwear and bra only. Q And then what happened when she was at that point of being unclothed? A She would perform the massage. He attempted to touch her, but she always would say no. At one point, her bra does get undone by Mr. Epstein, but she does keep it up. Q Now that was the extent of his touching. At some point, did he begin masturbating in front of her? A Yes, he did. Not in the very beginning, but throughout this he did. Now I should tell you OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179385 21 that stated to us that because she was kind of reserved or held back as he made advances towards her, she was able to see Mr. Epstein's penis and that he was masturbating, but that he never finished, that he never ejaculated. She did not feel that Mr. Epstein liked her very much. Q But just to sort of compare what said with what said, they both said that at the beginning they remained clothed? A Yes. Q And that Mr. Epstein progressively pushed and pushed and pushed for more sexual activity? A Yes. Q Now what was the period of time that went to Mr. Epstein's home? A March of -- I'm sorry, spring of '05 is when said that she went there and around, you know, the investigation is heating up with Palm Beach, so we know that in September of '05, there was a trash pull done, and in that trash pull there was a message and that was found and it stated -- it had phone number on it and it stated, for a good time call and. OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179386 2 2 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179387 2 3 OFFICIAL REPORTING SERVICE, LLC (954) 467-8204 EFTA00179388