Draft: efta02747575

Jane Doe #3¶

v. Jeffrey Epstein¶

AFFIDAVIT OF RICHARD C.W. all M.D.¶

STATE OF FLORIDA¶

COUNTY OF SEMINOLE¶

On this day personally appeared before me, the undersigned authority, Richard C.W. al M.D., who, being by me first duly sworn under oath deposes and says:¶

• 1. My name is Richard C.W. MI M.D. I am over the age of majority, and make this affidavit and declaration upon the basis of personal knowledge of the factual matters contained herein.
• 2. I have maintained a private practice in psychiatry and forensic psychiatry since 1996.
• 3. L also, currently serve as ^aCourtesy Clinical Professor of Psychiatry at the University of Florida, College of Medicine, Gainesville, Florida; Affiliate Professor, Dept of Psychiatry and Behavioral Medicine, University of South Florida; and Professor of Psychiatry, Department of Medical Education, University of Central Florida College Medicine.
  • 4. I received my undergraduate degree from the Johns University and

medical degree fLoui the University of Florida College of Medicine, Gainesville, Florida.¶

5. I served as aLieutenant Commander in the United States Navy, where ^I researched and evaluated biological and neurochemical factors associated with the onset of psychiatric disorders and served as ^alept esentative to the Joint Services Task Force planning Operation Homecoming, the return of POW's from Vietnam.

6. I have previously served as an assistant clinical professor at the University of South Florida College of Medicine, directed one of the ten model mental health centers in the United States, and served as ^amedical consultant to the Kennedy Space Center.

7. I am aformer member of the academic faculty at the University of Texas, in Houston, Texas where I served as Assistant Professor and then Associate Professor of Psychiatry and Internal Medicine, Director of Clinical Research, Director of Residency Training, Chief of the Consultation/Liaison Service, and Chief Psychiatrist at the M.D.

Cancer Hospital in Houston.¶

8. I, also, have served as ^aProfessor of Internal Medicine and Psychiatry at the Medical College of Wisconsin where I was appointed Chief of Psychiatry at the Milwaukee County and Froedtert Hospitals.

9. In addition, I have served as ^aProfessor of Psychiatry and Internal Medicine and Associate at the University of Tennessee College of Medicine, Memphis.

10. The amended complaint filed by Jane Doe /13 against Jeffrey Epstein make

sensitive allegations of sexual assault and abuse upon ^aminor and seek damages in excess of $50 million. Jane Doe it3 alleges confusion, shame, humiliation, embarrassment and severe psychological and emotional injuries. It is further alleged that she suffered, and will continue to suffer, severe and permanent traumatic injuries, including mental, psychological, and emotional damages.¶

11. She alleges the intentional infliction of emotional distress and that Mr. Epstein's conduct caused severe emotional distress, severe mental anguish and pain.

12. She further alleges that she suffered personal injury including mental, psychological and emotional damage.

13. Plaintiff's counsel has retained an expert witness, Dr. Kliman of the Psychological Trauma Center, adivision of Preventative Psychiatry Associates Medical Group, Inc, of San Francisco, California, of which Gilbert W. KLirnan, MD, is the medical director. Dr. Kaman's initial records indicate the following concerning Jane Doe 43.

14. Plaintiff's Answers to Defendant's First Interrogatories note that she had seen atherapist in Palm Beach County at age 11. She believes that she had previously been diagnosed with depression following her parents' divorce. (Page 7) She reports that she has suffered anxiety, depression, suicidal ideation, guilt, self-blame, feelings of being degraded, feeling unattractive, adiminished sense of femininity, fluctuations in weight and appetite, sexual intimacy problems, flashbacks, disturbing memories, stress, irritability, feelings of being isolated and trapped, diminished trust, social problems, problems in personal relationships, indecisiveness, low energy, lower ambition and initiative, headaches, back pain, feels stress (particularly around men), obsessive thoughts, problems concentrating, alcohol abuse, corruption of morals and values, loss of innocence, and cries ^a lot. (Page 8)

15. She reported that she had seen Mr. Epstein four times from the fall of her sophomore year in high school through her senior year, but had only had physical contact with hint once, had voluntarily returned on three other occasions with other girls, and spent 30-45 minutes alone with the defendant, but remained on the premises of the estate for four or five hours. (Page 11, interrogatories)

16. Plaintiff notes that she has recently married and is "very happy about that" She met her husband on Myspace.com. She reported that they dated for 2'/e years, that it was a good relationship, that they click, and feel that they can spend the rest of their life with each other. (Page 1, Dr. Kliman's contemporaneous notes).

17. Plaintiff reports that she had a deep depression that lasted for a year and that she shut people out since the time of her parents' divorce at age 11. (Page 1, Dr. Kliman's contemp notes)

18. She reports that she attempted suicide five times, beginning at age 11, after her parents got a divorce, and attempted suicide at age 15 by running acar in aclosed garage. She reports she would have died if her sister and nephew hadn't walked in. On subsequent attempts, she swallowed "a whole bunch of pills" and afriend made her throw up. This was at age 18 or 19. She reports she took "a huge handful." (Page 1, Dr. Kliman's contemp notes)

19. Plaintiff reports that she had seen many psychologists and finally found one that she liked, Rhonda Perdue. (Page 1, contemp notes)

20. She notes that she has been taking 25 mg of Lexapro prescribed by Dr. Nabel Karrum, MD, for the last year. (Page 2, contemp notes)

21. She notes that her father was verbally abusive to her and physically abusive with her sister and her mother. On one occasion, she reports, her father took all of her mother's clothes and threw them in the front yard of her house while she (the mother) was taking ashower and that she and her sister had to leave the house with her mother. She reports that between ages 9 and 11 her father was "heavy in drinking and had a gun in the house." She reports that her mother "didn't want us there." (Page 2, contemp notes)

22. Plaintiff el,o, to that she was the individual who found out that the father was cheating on her mother with awoman who lived around the corner. The divorce was final when she was 13 years of age. They lived in the parental home for two years, until she was 15, and then moved. The father was in the picture "here and there." He remarried, divorced, had a girlfriend, went to AA to ge^thelp, and was sober for four years. She wondered if he was doing pills or marijuana. Her parents are back together and she reports they have been living together for the pas^teight months. She reports her father suffers from depression and that while depressed he is distant, has angry spells, and she "wordo3yhatheSIdQ ... ke snapsMmjath." (Suggesting very unstable home, fear and apprehension, concern for mother's safety.) She reports that she deals with this by "I try to keep all this out of my mind, try not to think about it..:' The most distressing event was when she was awakened and had to leave the house with her mother and sister because of the father's threatening behavior. (Page 2, contemp note) She reports that in school "I was mean" and that she would "not put up with crap or teasing." She notes that "I got teased about wearing the same jeans or shoes" and she was teased about her weight. "I was ^a little chunky." (Pages 2 and 3, contemp notes)

23. Plaintiff notes that two of her friends had seen Mr. Epstein previously. ell andalhad done it and said it went smoothly and I didn't have to worry about anything. Don't ask, don't tell. So I felt comfortable with $200 for ahall hour." (Page 1, interview part 2)

24. She reports that she lied about her age. "I was told to tell kiln I was 19, which de said we had to lie about our age." Plaintiff reportsthat after her initialcontact with Mr. Epsteinshe wentka,thjandupthes people tIsre. "Not to do anything. I went back three times with two different girls and aime (Page 3, interview part 2)

25. Plaintiff reports that she had anotherwomgaillia boi chiyou bid JiltSt move away^amid wear whatever." (Page 5, interview part 2) Although plaintiff reports she had no further physical contact with Mr. Epstein, she did voluntarily return to his estate on three separate occasions with other girls.

26. Plaintiff reports that she is taking phentermine 5 mg, an agent that can cause anxiety. (Page 1, part 3)

27. She began drinkingat at az. (Page 2, part 3) She reports that she has driven while intoxicated. (Page 2, part 3) She reports that she has had blackouts "I quite afew times have been unable to remember things others say I did... that I peed on the floor in the middle of the night, that I passed out in the dub, my friend's cousin drove us home, which I don't remember, and I got into an argument with somebody and I don't remember that I had art argument at the dub or that we stopped and ate on the way home and I don't remember, or falling down stairs, ripping my pants." (Page 2, part 3)

28. The plaintiff reports that she was raped, at agg 15 and never told anyone about it. It occurred at a graduation party. She was drinking. "I couldn't remember anything until the next day." "I saw marks on myself." "I thought I had locked the door where I was sleeping. Later I remembered I was unable to move, paralyzed, and he ripped my clothes off and raped me." "When I saw the marks and my mom took me to adoctor, who gave me ^arape kit, found no semen, told me the scratch marks would go away, and tried to get me to write a report, but I wouldn't" (Page 3, part 3)

29. Plaintiff reports she was also IndesW, at age 12 by her bestfriend's brother who had just gotten out of jail. (Page 3, part 3) "He molested four children that night by playing with our bottoms, tops, face, and hair. We all woke up and never said anything until he raped his sister amonth later. He touched me just that one night on ^asleepover. One of the girls was up and pretended she was sleeping. I remember being touched, but thought I was dreaming until my friend told me the same thing and we found out he rape^d his own sister so then it was obvious." "That house was ^ahouse where there was drinking and po^tsmoking." "He gave usi2gt and made smart comments. He was in his mid 20's, about to turn 25." Plaintiff thus reports marijuanaLUSA/A=1i She notes that in fourth grade she took her first pot when she was 10 years of age. She reports that they presse^d charges concerning the molestation. (Page 3, part 3)

30. She notes that Kevin the boy who molested her, subsequently rape^d his sister. "I consider what Kevin did to me was ^arape." (Page 3, part 3)

31. In an interview with Dr. Kliman, plaintiff reported that she has been married for three months and that she is very happy about it and going to school part time. (Page 2, tape 1)

32. Plaintiff reports that she was depressed over her parents' divorce, that she had attempted suicideQta five orristirries, the Am at approximately1.1 when she tried to cut her wrists. At age 15, she tried to asphyxiate herself with a running automobile in a garage.

The next attempt was with an overdose of pills at 18 or 19. (Page 5, tape 1)¶

33. She reported that her father wasvery abusive ^wtier, (Page 6, tape 1) more verbal with her, but physical with her sister and her mother. (Page 6, tape 1) "They would argue about anything he wanted, anything that was on his mind. I remember one time she was in the shower and he took all her clothes and threw them in the flout yard; and they were just having a screaming match and we were already in bed and I remember my mom had to wake us up and tell us to get dressed and put our shoes on; and we would have to walk all the way to alittle 7-11 in front of our development to get picked up because my day-1 wouldima kg mit 91 control, and we would have to stay at my aunt's house and sleep there and stay there until things got better. Thismust of happenedkikeWincian_y ft es and .." Plaintiff was ages 9 to 11 when this would happen_ (Page 7, tape 1)

34. She noted that her father cheated on her mother and that she was the one who found out about it and that after reporting it the parents divorced when she was 13. She had aturbulentfamily life. The thing that stands out as most distressing of the things that they had considered was being awakened and having to go to store. (Page 8, tape 1)

35. She reports that she had afew core friends, but didn't have too many friends" (Page 10) and that as ^achild she was teased about her clothes (Page 10) and her weight.

36. Plaintiff reports, "Rightnow I'm okay.tin contentwith what I have to look forward to right pow and that is trying to have a good life for me and my husband; hying to have asense of normalcy." (Page Z tape 3)

37. In her interview with Dr. Kliman (aswell as her sworn statement to the police on 11/07/2005), Plaintiff claims that she was told all she would have to do was to give ^a massage and that Epstein would ask her to get "comfortable", that's it. This conflicts with the Probable Cause Affidavit (page 9) and the Palm Beach Police Incident Repurt (page 37) where she indicates she was told that a massage would be expected, possibly naked and possibly some touching. In addition, Tape 2, page 6-14, she claims Epstein touched her breasts and fondled her nipples, and that he touched her vagina. However, this statement conflicts with what she told police in her sworn statement where she indicated Epstein never touched her breasts or her vagina. ace sworn statement at pp. 4, 7 and 8. The Plaintiffs medical records ;may show that the Plaintiff has a propensity to lie when it comes to explaining events allegedly involving Epstein and/or her past.

38. All of the above show that this plaintiff came from an unstable and disturbed home, had been subject to previous physical and sexual abuse, was fearful, isolated, and had had suicidal ideation prior to meeting Mr. Epstein. For further elaboration of her history and background, access to all available records is crucial if one is to fully understand the impact of any of these events on her subsequent behavior and proportion the impact of specific events, if any, or her current and future level of function.

39. In Dr. Kliman's initial replenishment retainer agreement and fee schedule (date 7/18/08), in a heading entitled "Regarding Full Disclosure!' Dr. Kliman notes that prior to deposition, counsel will make every effort necessary to provide experts with information requested by the experts including: 1) alist of all depositions, statements, declarations, and motions in the case, 2) a copy of any requested items, and 3) most importantly, A list of all medical, clinical School, ad work recordsknown to the attorney in the case.

40. Dr. Kliman notes on page 8 of his contract opinion formation that he will not form opinions, give reports, or testify in certain circumstances. These include circumstances where he has reason to believe a retaining attorney has "availableAmportant And relevantdocumentswhich lacing deliberatelywithheld farm MC "We define such as documents in poscescion of retaining attorney, whichwe have requestedathatwehave Stated would ordinarily kg Rattof moisai opinion formation on the topics concerning. whicho» input i§ requested." We request the same.

41. It is critical for an IMR examiner to be able to make a cogent assessment of any plaintiff and to understand their medical, social, academic, psychological and psychiatric condition/state prior to any act of alleged victimization. There are ^anumber of variables that combine to determine the effects of such alleged victimization, including the type and character of the alleged assault, plaintiffs knowledge or risk, and key alleged victim's variables such as demographics; psychological reactions at the time of the trauma; reactions post event previous psychiatric or psycholoFftal history; previous history of victimization; current or previous psychological difficulties; general personality dynamics and coping style; sociocultural factors such as drug use/abuse; poverty; social inequity and/or inadequate social support any previous history of abuse within or outside the family; whether individ alcwere abused by strangers, acquaintances or family members; and whether there was any history of indiscriminate behavior that may have placed them at increased risk. It is important to know if there had been previous sexual conduct contact with police or welfare agencies, alcohol or drug use/abuse, voluntary sexual activity, contraceptive use, genital infections, or apparent indifference to previous abuse.

42. It is also essential to understand the plaintiff's level of emotional support, whether any significant psychiatric illnesses were present, whether they were taking any medications (prescribed or non-prescribed), whether there had been previous suicide attempts, thoughts, plans, etc.

43. Knowledge of plaintiffs relationships to her family and familial factors, including social disadvantage, family instability, impaired parent/child relationship, and parental adjustment difficulties is also critical

44. It is, therefore, crucial that the independent medical examiner has available to

him afull and complete record that includes plaintiff's medical, legal, social, criminal, academic, psychological and psychiatric records/data; psychological tests; laboratory tests; and clinical, hospital, physician records. These, in essence, are the same or similar records that plaintiffs expert witness (Dr. KLiman) feels are essential for him to do an appropriate evaluation. To obtain the necessary information, it will be necessary to identify the plaintiff by name. Such identification will not humiliate the plaintiff since all we are requesting is pertinent information as noted above relative to their past medical and psychiatric histories and conduct. We would concur and request of the court that the sante and such other similar information be made available to us so that we are able to conduct a proper and meaningful examination of the plaintiff and what, if any contribution the above alleged event may have on her current and/or future health and adjustment.¶

Respectfully submitted,¶

pg. 4-Iti ( ^Gs Richard C. W..,¶

Courtesy Clinical Professor of Psychiatry, University of Florida, College of Medicine Affiliate Professor, Department of Psychiatry and Behavioral Medicine, University of South Florida¶

Professor of Psychiatry, Department of Medical Education, University of Central Florida¶