EXHIBIT 5 PART 2¶
Amendment privilege, that you sexually abused Jane Doe 2 when she was a child?¶
MR. PIKE: Form, speculation, calls for alegal conclusion.¶
THE WITNESS: The Supreme Court has said that the Fifth Amendment should be used by people who¶
are innocent, Mr. Horowitz. That's one of the benefits of the Fifth Amendment. My counsel has¶
advised me I cannot answer your questions here today, though Pd like to. I'm sure this — these¶
sort of embarrassing questions posed for the jury where your partner has been disbarred since filing¶
this claim, or Mr. partner who sits in jail probably for the rest of his life for crafting¶
cases of a sexual nature to fleece people for -- of money, just money, money, money. His firm is¶
bankrupt. So, yes. I'd like to answer these questions, and all your questions here today, but¶
unfortunately, on advice of counsel, I cannot. BY MR. lIOROWITZ:¶
Q Sir, are you asserting your Fifth, Sixth and Fourteenth Amendment privileges because you're¶
innocent? Is that what you're telling us? MR. PIKE: Form.¶
THE WITNESS: I would like to answer every one¶
Page 118¶
of your questions posed by you, your partner, Mr.¶
Herman. who's been disbarred by the Florida Bar after filing this claim, Mr. partner who¶
sits in jail, his firm accused by the U.S. Attorney -- accused by the U.S. Attorney of being a criminal¶
enterprise, for fleecing South Florida investors out of millions of dollars by crafting, malicious,¶
fabricated cases of a sexual nature against people -- other people -- me and others, I would like to answer each and every one of your questions.¶
However today, on advice of counsel, I cannot answer any of your questions that may be relevant¶
to this lawsuit. BY MR. HOROWITZ:¶
Q Sir, you know I also represent Jane Doe Number 4, do you understand that?¶
MR. PIKE: Form. THE WITNESS: Yes.¶
BY MR. HOROWITZ: Q Okay. Isn't it true, sir, that agirl named¶
Jane Doe 4 came to your Palm Beach home on multiple occasions between 2003 and 2005?¶
A Could we take a break? Is that it? Q I would like you to answer that question.¶
A Sorry. I'd like to answer that question. I'd¶
like to answer every question you've posed here today¶
about you -- about these girls you say came to my house. However, on advice of counsel, I cannot answer that question today. I have to assert, on the advice --¶
my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights.¶
I'd like to answer that question about Jane Doe 4, and I believe she was represented by your partner,¶
Jeffrey Herman, who after representing her was disbarred by the Florida Bar Association.¶
Mr. Rothstein -- or Mr. partner, Mr. Rothstein, who sits in jail accused by the Florida¶
U.S. Attorney of running a criminal enterprise in Mr. firm, fabricating malicious cases to fleece¶
investors out of millions of dollars, fabricating cases of a sexual nature, I would like to answer every one of¶
your questions here today. However, on advice of counsel, I cannot do SO.¶
MR. HOROWITZ: Did you want that break now? THE. WITNESS: Yes, please.¶
MR. PIKE: No, actually before we take a break --¶
MR. HOROWITZ: Okay. MR. PIKE: -- my understanding was, is that you¶
wanted to take a break around 12:30 or 12:45 for Page 120¶
lunch. It is 12:35 right now. If you want to keep¶
going for another 10 minutes, we'll go for another 10 minutes, or if you want to just break now for 30¶
minutes, go grab something to eat, and then come back.¶
MR. HOROWITZ: Yeah. I mean, this line of questioning is going to be more than 10 minutes. so¶
I would suggest we take our break now. MR. PIKE: You want to take lunch right now?¶
MR. HOROWITZ: Yeah. MR. PIKE: Okay.¶
THE WITNESS: All right. Thank you. THE VIDEOGRAPHER: Time off the record 12:30¶
('Thereupon, a lunch break was taken.) THE VIDEOGRAPHF.R: Time on the record 1:11.¶
This is Tape 3. BY MR. HOROWITZ:¶
Q Mr. Epstein, did you pay H.R. 5200 to bring a girl named Jane Doe 4 to your home so that you could¶
engage Jane Doe 4 in sexual activity? MR. PIKE: Form. THE WITNESS: Mr. Horowitz, I'd like to answer¶
that. I am going to have to answer that question, as I've answered most of your questions here today,¶
which is upon advice of counsel, I am going to have¶
(Pages 117 to 120)¶
to assert my Sixth Amendment, Fourteenth Amendmert and Fifth Amendment Right, though I'd like to answer that question.¶
I'd also like to correct some of the -- a previous statement I made regarding your partner that he had been disbarred. I understand he wasn't disbarred, but he was simply suspended for improper abehavior, suspended by the Florida Bar. So I would like to make the correction that hc's not totally disbarred, but he's no longer practicing for the time being. So — but on advice of counsel, at least with respect to this question, or any question that may be relevant to this lawsuit, my counsel has told me I must assert those rights.¶
BY MR. HOROWITZ:¶
Q Okay. And if I'm hearing you correct, your testimony that Mr. Herman was disbarred is — was erroneous; is that right?¶
MR. PIKE: Form.¶
THE WITNESS: My testimony that your partner who filed these lawsuits was disbarred seems to be incorrect. lie was — according to what I was told, he has only been disbarred for his greatly improper behavior, but -- and so he one day he will, in fact, be practicing law again in South Florida —¶
Page 123¶
Q Mr. Epstein, at any time before May 2005, did you receive aphone call from H.R. that she was bringin, Jane Doe 4 to your home so that Jane Doe 4 could give you a massage?¶
MR. PIKE: Form. THE WITNESS: I'd like to answer that question, but unfortunately, I am going to have to answer that question as I've answered most of your questions here today, Mr. Horowitz, which is upon advice of counsel, they've told me I cannot answer your questions no matter how much I want to. They told me I have to assert my Sixth Amendment, Fifth Amendment and Fourteenth Amendment Rights.¶
Though you're currently suspended -- I keep 3.5 saying "disbarred," but I'm not alawyer, so I don't really understand the difference between disbarred and suspended -- he seems to be only suspended by the Florida Bar, I -- I cannot answer that question today upon advice of counsel.¶
BY MR. HOROWITZ:¶
Q Okay. Sir, at any time before May 2005, did you instruct S.K. to place atelephone call to H.R., so that H.R. could arrange for Jane Doc 4 to come to your home for sexual activity with you?¶
MR. PIKE: Form.¶
Page 122¶
MR. HOROWITZ: Okay. THE WITNESS: — unlike Mr. partner who currently sits in jail for perpetrating one of the largest frauds in South Florida's history.¶
BY MR. HOROWITZ:¶
Q Okay. I'm glad we got that squared away. Did you pay Jane Doe 4 to bring other minor girls to your home for your own sexual gratification?¶
MR. PIKE: Form.¶
THE WITNESS: That question I believe would -I is -- is -- I would like to answer that question. Unfortunately, my counsel has advised me that I cannot answer any questions today that may become¶
relevant to any of your lawsuits filed by you and your currently suspended partner, suspended by the Florida Bar, or answer questions relevant to Mr.¶
who is sitting on your right, his firm's partner who's sitting in jail for fabricating cases of a sexual nature against people like me and others.¶
I'd like to answer -- as you might imagine, I'd like to answer these questions, but I risk losing my counsel if you do so, so I must accept their advice today.¶
BY MIL HOROWITZ:¶
Page 124¶
THE WITNESS: I'd like to answer that question. I'd like to answer every specific — every question you've asked me here today, but I am going to have to respond as I've done with most of your questions here today, Mr. Horowitz, which is that upon advice of counsel, I am going to have to assert my Sixth Amendment Rights, my Fourteenth Amendment Rights and my Fifth Amendment Rights Though I'd like to answer the question, though I'm sure the jury will understand your partner has been suspended from practicing law in the State of Florida, Mr. partner is in jail for fabricating cases sexual nature, so, though I'd like to answer that question as your other questions today with specificity, my counsel has advised me that if I do so, I risk losing their representation, so I must decline to answer.¶
BY MR. HOROWITZ:¶
Q Did you inform S.K. that the massage Jane Doe was to give you would be sexual in nature?¶
- MR. PIKE: Form.
THE WITNESS: I'd like to answer that question. just like I'd like to answer each and every one of your questions here today, Mr. Horowitz. Unfortunately, my counsel has advised me I cannot¶
(Pages 121 to 124)¶
answer any questions that may become relevant to 2 this lawsuit, or any of the lawsuits filed by you, 3 or your partner that's been suspended by the 4 Florida Bar from practicing law in the State of 5 Florida after he's had conferences, held public 6 conferences accusing me of things, of Mra 7 partner who sits in jail probably for the rest of 8 his life for fabricating cases against people like 9 me and others. So, though I'd like to answer that 10 question, I'm going to have to answer that question 11 as I've answered most of your questions here today, 12 which is upon advice of counsel, I must refrain 13 from answering.¶
14 BY MR. HOROWITZ: 15 Q Did you either observe or overhear S.K. 16 speaking with H.R. making arrangements for Jane Doc 4 17 come to your home for sexual activity? 18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer that 20 question. I'd really like to answer that 21 question. However, today, my counsel has advised 22 me that I cannot. And they've advised me I must 23 assert my rights under the Sixth Amendment, 24 Fourteenth Amendment and Fifth Amendment of the 25 U.S. constitution. So, though I'd like to answer¶
1 2 3 4 5 6 7 8 9 10 11 12 Rights. So, though I'd would like to answer questions posed by you, your p s been suspended by the Florida Bar, balit apartner, Scott Rothstein, that many people have read about, has perpetrated the largest fraud in Florida history, specifically for fabricating such cases of a sexual nature, fabricating malicious cases in order to get money, money, money from people here in South Florida. I'd like to answer each and every one of your questions, however, upon advice of my counsel, they've advised me today 1 cannot do so.¶
13 14 15 16 17 18 19 20 21 22 23 24 25 BY MR. HOROWITZ: Q Prior to May 2005 did you ever observe S.K. speaking with Jane Doe 4 by telephone to arrange for Jane Doe 4 to come to your home so that Jane Doe 4 coulc give you a massage? THE WITNESS: May I -- excuse me, may I have a moment with my attorney? MR. HOROWITZ: Yes. THE VIDEOGRAPHER: Time off the record 1:20. (Thereupon, a short break was taken.) THE VIDEOGRAPHER: Time on the record 1:23. BY MR. HOROWITZ: Q Mr. Epstein, you had a moment to speak with¶
1 questions posed by you, your partner that's been 2 suspended by the Florida Bar after fili iese s 3 types of cases, cases against me, Mr. who 4 sits next to you, his partner in jail for filing 5 cases, fabricating cases of a sexually charged 6 nature against me and others. The U.S. Attorney 7 has accused his firm, his former firm, the firm he B left now because the firm went bankrupt, for being 9 a criminal enterprise, perpetrated one of the 10 largest frauds in South Florida's history, fleecing 11 investors out of millions and millions of dollars. 12 I'd like to answer each and every one of your 13 questions, but my counsel has advised me today that 14 I cannot.¶
15 BY MR. HOROWITZ: 16 Q Prior to May 2005 didn't you instruct Jane Doc 17 4 to place phone calls to you on your home phone in 18 order to schedule visits to your home? 19 MR. PIKE: Form. 20 THE WITNESS: I'd like to answer each one of 21 your questions here today, Mr. Horowitz, that 22 question specifically. However, my counsel has 23 advised me that today I cannot, and he advised me I 24 must assert my Sixth Amendment Rights, my 25 Fourteenth Amendment Rights and my Fifth Amendmen¶
1 counsel. Do you need me to repeat that question to 2 refresh your recollection? 3 A Yes, please. 4 Q Prior to May 2005 did you ever observe S.K. 5 speaking with Jane Doe 4 by telephone to arrange for 6 Jane Doe 4 to come to your home to give you a massage? 7 A i would like to answer that question -- 8 assume this is the Jane Doe 4 who in her testimony wrote 9 a note to me that said "fora good time, call Jane Doe 10 4." I assume that's the same Jane Doe 4. 11 Unfortunately, I'd like to answer all your questions 12 with specificity today, Mr. Horowitz. However, on 13 advice of counsel, I cannot 14 Q "Good time" -- 15 A Excuse me? 16 Q Continue, please. 17 A So, therefore, the -- and I represent -- I 18 understand you represent Jane Doe 4. I understand your 19 partner that's been suspended by the Florida Bar who 20 represented Jane Doe 4 in this ease --1'd like to 21 answer each one of your questions with respect to Jane 22 Doc 4. However, I cannot based on advice of counsel, 23 and I must assert at their request my Sixth Amendment, 24 Fifth Amendment and Fourteenth Amendment Rights undo 25 the U.S. Constitution.¶
1 Q When is it that you believe Jane Doe 4 wrote
2 you the message you just referred to?¶
3 MR. PIKE: Form.¶
4 THE WITNESS: You know, I'd like to answer all
5 those questions with respect to the note that she
6 testified to that she wrote saying "for a good time
7 call Jane Doe 4." However, on advice of counsel, I
8 cannot answer any questions that may be relevant to
9 this lawsuit. I'd like to answer each one of your
10 questions, but as I've done with most of your other
11 questions here today, or those to be posed by
12 Mr. [REDACTED]'s whose partner sits in jail probably for
13 the rest of his life to try to get money from
14 residents of South Florida, and the biggest fraud
15 in South Florida's history, called by the U.S.
16 attorney a criminal -- the firm is called a
17 criminal enterprise, and I'd like -- so I'd surely
18 like to answer your question, Mr. Horowitz,
19 regarding Jane Doe 4, and -- however, on advice of
20 counsel at least today, I cannot.¶
21 BY MR. HOROWITZ:¶
22 Q Sir, you said that Jane Doe 4 testified that
23 she had written a note to you. Is -- was that truthful
24 testimony? You acknowledge that she did write such a
25 note?¶
1 MR. PIKE: Form.¶
2 THE WITNESS: Mr. Horowitz, I'd like to answer
3 each and every one of your questions. However, on
4 the advice of counsel, I can't answer any of your
5 questions with respect to the note that she
6 testified she wrote. I can't answer any questions
7 separate from -- that may be relevant to your
8 lawsuit. I can't answer any questions posed by
9 you, the attorney sitting next to you whose partner
10 sits in jail, your former partner suspended or --
11 for improper behavior after filing this lawsuit,
12 and suspended by the Florida Bar. I'd like to
13 answer every question you ask. However today,
14 Mr. Horowitz, I cannot because my counsel is
15 telling me if I -- if I do, I risk losing their
16 representation.¶
17 BY MR. HOROWITZ:¶
18 Q You've read the deposition transcript of Jane
19 Doe 4; is that correct?¶
20 MR. PIKE: Form.¶
21 THE WITNESS: You know, again, Mr. Horowitz, I
22 would like to answer every one of your questions;
23 however, my counsel has told me I cannot. They
24 told me I must assert my Fifth Amendment, Sixth
25 Amendment and Fourteenth Amendment Rights under the¶
1 U.S. Constitution. So in response to that
2 question, as in response to most of your other
3 questions here today, no matter how much I would
4 like to answer those questions, answer those
5 questions specifically with respect to Jane Doe 4
6 and the -- your former partner -- wait -- as a
7 current partner, you won't tell me -- but your
8 partner who brought the lawsuit who the Florida Bar
9 suspended for improper behavior, Mr. [REDACTED]'s
10 partner who sits in jail for fabricating cases,
11 stealing millions of dollars from unsuspecting
12 Florida investors, I'd like to answer every one of
13 your questions. However, my counsel told me today
14 that I cannot answer any questions that may be
15 relevant to the lawsuit.¶
16 BY MR. HOROWITZ:¶
17 Q Prior to May 2005 did you instruct S.K. to get
18 Jane Doe 4's phone number, so that S.K. could
19 communicate with Jane Doe 4 to schedule Jane Doe 4 for
20 massages with you?¶
21 MR. PIKE: Form.¶
22 THE WITNESS: I'd like to answer that
23 question. I would like to answer your other
24 questions posed here today. However, my -- on
25 advice of counsel, they've instructed me that I¶
1 must assert my Sixth Amendment, Fourteenth
2 Amendment and Fifth Amendment Rights. So then my
3 -- I would like to answer questions posed by you.
4 I know your partner could not be here since he was
5 suspended by the Florida Bar after filing these
6 cases, after holding press conferences he was
7 suspended by the Florida Bar. Mr. [REDACTED], who
8 sits on your right, his partner is sitting in jail,
9 I'd like to answer every one of your questions.
10 However, my counsel said at least today, I cannot.
11 So I must accept their advice or risk losing their
12 representation.¶
13 BY MR. HOROWITZ:¶
14 Q Did S.K. tell you that she confirmed by
15 telephone that Jane Doe 4 would be coming to your home
16 at a specific time to give you a massage?¶
17 MR. PIKE: Form.¶
18 THE WITNESS: Again. I'm sorry, could you
19 repeat the question?¶
20 BY MR. HOROWITZ:¶
21 Q Did S.K. tell you that she had confirmed by
22 telephone with Jane Doe 4 that Jane Doe 4 would be
23 coming to your home at a particular time to receive a
24 massage?¶
25 MR. PIKE: Form.¶
1 THE WITNESS: I assume when you say "Jane Doe 2 4," this is Jane Doe 4, a girl who testified that 3 she wrote a note to me that said "for a good time, 4 call Jane Doc 4." I assume that's the same Jane 5 Doe 4. I'd like to answer all questions about Jane 6 Doe 4, her notes, anything that she said. However, 7 my attorneys told me I cannot, and they advised me 8 I must assert my rights under the Sixth Amendment, 9 Fourteenth Amendment and Fifth Amendment, though 10 your partner who filed the lawsuit was suspended by 11 the Florida Bar after filing the lawsuit, holding 12 press conferences. Mr. la partner sits in 13 jail for fabricating cases of a sexual nature 14 against me and others. So, though I would like to 15 answer those questions, as you might imagine, 16 Mr. Horowitz, is Ed like to answer -- 17 unfortunately, as I've had to answer most of your 18 questions here today, I cannot under advice of 19 counsel. 20 BY MR. HOROWITZ: 21 Q Was it your intent during the course of Jane 22 Doe 4's visits to your home that you would persuade, 23 induce or entice her to engage in sexual activity with 24 you? 25 MR. PIKE: Form.¶
Page 134¶
1 THE WITNESS: Well, I assume this the Jane Doe 2 4 who wrote a note to me, according to her 3 testimony that said, "for a good time, call Jane 4 Doe 4." I assume that's the same Jane Doe 4 you're 5 referring to. 6 Unfortunately, your partner couldn't be here 7 referring to it because he's been suspended by the 8 Florida Bar after filing Jane Doe 4's case. 9 Mr. partner can't be here because he's 10 in jail for filing cases of a malicious nature, of 11 sexual cases, fabricated cases The U.S. Attorney 12 Has referred to the entire fum as a criminal 13 enterprise, a criminal enterprise of the large — 14 purporting to have the largest fraud in South 15 Florida's history. So, though I would like to 16 answer each one of your questions, on advice of 17 Counsel today, I cannot. 18 BY MR. HOROWTfZ: 19 Q During the course of Jane Doe 4's visits to 20 your home, did you in fact persuade, induce or entice 21 her to engage in sexual activity with you? 22 A I'd very much like to answer each one of your 23 questions here today, Mr. Horowitz. However, as I've 24 done for mostly all of your other questions, on advice 25 of counsel, they've told me I cannot answer those¶
1 questions. I'd love to answer the questions directly to 2 you. 3 I'd like to answer the questions to your 4 partner, Jeffrey Herman. Jeffrey Herman who was -- 5 after he filed this Jane Doe 4 case against me -- was 6 suspended by the Florida Bar for improper behavior, or 7 Mr. partner who sits in jail. I much prefer to 8 be t ng to them. However, I cannot answer questions 9 to you, and on advice of counsel, I must assert my 10 rights, or risk losing their representation. 11 BY MR. HOROWITZ: 12 Q You knew that Jane Doe 4 was younger than 18 13 when she came to your home in 2003 and 2004, correct': 14 hat. PIKE: Form. 15 THE WITNESS: Ed like to answer that 16 question. I'd like to answer each and every one of 17 your questions. However, on advice of counsel, 18 they've instructed me that I cannot answer any 19 questions that may be relevant to any of your 20 lawsuits brought by either you, your partner that's 21 been suspended by the Florida Bar for improper 22 behavior, Mr. who sits to your right. 23 whose partner sits in jail for bringing fabricated 24 cases of a sexual nature against people like me and 25 others, called -- his firm called a criminal¶
Page 136¶
1 enterprise by the U.S. attorney for stealing 2 millions of dollars from South Florida residents. 3 I'd like to answer every one of your questions. 4 However, today, under advice of counsel, I cannot. 5 BY MR. HOROWITZ: 6 Q Jane Doe 4 told you that she attended 7 Palm Beach High School when she was in your me; is 8 that right? 9 MR PIKE: Form. 10 THE WITNESS: Ed like to answer that 11 question. I'd like to answer every question you've 12 asked me here today. However, upon advice of 13 counsel at least today, I cannot, according to 14 their advice, answer any questions that may be 15 relevant to this lawsuit — excuse me -- I would 16 prefer to have had your partner, Jeffrey Ilerman, 17 who -- who I actually believe filed the suit, but 18 he's been disbarred in the interim — I'm sorry, 19 not disbarred. He's been suspended. Pro not 20 really sure what the difference is, but he's been 21 suspended from practicing law, while Mr. ME 22 partner sits in jail for fabricating cases of a 23 sexual nature against people like me and others. 24 So, though I would like to answer that question, as 25 you probably understand, on the advice of counsel¶
34 (Pages 133 to 136)¶
1 2 today, I cannot. BY MR. HOROWITZ: 3 Q Isn't it true, sir, that on multiple occasions 3 you over — overseas because she was not yet IS; isn't 4 Jane Doe 4 discussed her activities at =Palm Beach 4 that true? 5 High School with you? MR. PIKE: Form. 6 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that 7 THE WITNESS: Again? 7 question. I'd like to answer every one of your 8 BY MR. HOROWITZ: 8 questions. However, my attorneys today have 9 Q Isn't it true, sir, that on multiple occasions 9 instructed me, at least for today, I can't answer 10 Jane Doe 4 discussed her activities at =Palm Beach 10 any questions that may become relevant to your -- 11 High School with you? 11 one of your lawsuits brought by your firm and at -- 12 MR. PIKE: Form. 12 your partner that's been suspended by the Florida 13 THE WITNESS: =Palm Beach High School with 13 Bar. 14 me? 14 BY MR. HOROWITZ: 15 MR. HOROWITZ: Yes. 15 Q Between 2003 and May 2005, were you ever nude 16 THE WITNESS: I don't understand the question. 16 in front of Jane Doe 4? 17 BY MR. HOROWITZ: 17 MR. PIKE: Form. 18 Q Okay. You know, in your mind, who Jane Doe 4 18 THE WITNESS: I would like to answer that 19 is, coma? 19 question. I'd like to answer every one of your 20 MR. PIKE: Form. 20 questions here today. However, my attorneys, who 21 THE WITNESS: Jane Doe 4 is the one girl you 21 have advised mc, that I cannot answer any questions 22 told — I believe was the one who testified that 22 that may be relevant to this or any of your other 23 she wrote a note to me that said "fora good time, 23 lawsuits brought by you and your partner that was 24 call Jane Doe 4." Is that the Jane Doe 4 -- you 24 suspended from the practice of the law in Florida, 25 can't testify, Pm sorry. Yes, I believe that's 25 so l must respectfully decline.¶
1 2 BY MK. HOROWITZ: Q Jane Doe 4 told you she could not travel with¶
Page 138 Page 140¶
- correct. 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. THE WITNESS: Again, I would like to answer 6 THE WITNESS: Which question would you like rut 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: Pd 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 They've instructed me that I must assert my Sixth 12 told me that I cannot, and they instructed me to 12 Rights. So, though Pd like to answer the 13 assert the Sixth Amendment, Fourteenth and Fifth 13 question, Mr. Horowitz, I cannot do so. 14 Amendment. 14 BY MR. HOROWITZ: 15 BY MR. HOROWITZ: 15 Q Between 2003 and May 2005, did you instruct 16 Q Isn't it true that Jane Doe 4 regularly 16 Jane Doe 4 to pinch your nipples -- 17 discussed with you her activities at a Palm Beach 17 MR. PIKE: Form. 18 High School? le 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: Its 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 Amendmen 24 BY MR. HOROWITZ: 25 and Fifth Amendment Rights. 25 Q No you did not, sir?
11 4, every single thing. However, my attorneys today 11 Amendment, Fourteenth Amendment and Fifth Amendmen¶
35 (Pages 137 to 140)¶
1 A I said -- I'm sorry, I couldn't hear. 2 Q I thought you said "no" to my question? 3 A No. I'll -- tell when my -- I said no. 4 1'd like to answer that question. I'd like to answer every one of your questions. I'd like to answer each 6 and every one. However, my counsel today told me 1 7 cannot. They told me I have to assert my Sixth 8 Amendment, Fourteenth and Fifth Amendment Rights. An 9 if I didn't, and if I chose to answer the question, I 10 would risk losing their representation. So at least for 11 today, I have to assert those rights. 12 BY MR. HOROWITZ: 13 Q Prior to June of 2005, did you ask Jane Doe 4 14 questions about her sexual experience and preferences? 15 MR. PIKE: Form. 16 THE WITNESS: I would be happy to answer that 17 question, if I could. My attorneys have told me I 18 can't. They've instructed me that I have to assert 19 my Sixth Amendment, Fourteenth Amendment and Fifth 20 Amendment Rights. I would like to answer the 21 question. However, they told me that if I do, I 22 risk losing their representation. 23 BY MR. HOROWITZ: 24 Q Prior to June 2005 did you touch Jane Doe 4's 25 breasts?¶
1 MR. PIKE: Form. 2 THE WITNESS: I'd like to answer that 3 question. I'd like to answer all your other 4 questions here today. However, my counsel has told 5 me, at least today, I cannot. I have -- they've 6 instructed me to assert my Fourteenth Amendment, my 7 Sixth Amendment and my Fifth Amendment Right. Arts 8 they told me that if I chose to answer, I would 9 risk losing their representation, so therefore, I 10 must respectfully decline to answer them. 11 BY MR. HOROWITZ: 12 Q Prior to June 2005 did you rub Janc Doe 4's 13 vagina? 14 MR. PIKE: Form. 15 THE WITNESS: I would like to answer that 16 question with specificity. However, my attorneys 17 have told me at least today that I must 18 respectfully decline and assert my Fifth Amendment, 19 Sixth Amendment and Fourteenth Amendment Right. I 20 would have preferred that your partner, who after 21 he filed the lawsuit, was suspended by the Florida 22 Bar for improper practice, or Mr. 'partner. 23 who sits in jail, to have been here to at least ask 24 some of the questions, but my attorneys have told 25 me I cannot answer those questions today, sir.¶
1 BY MR. HOROWITZ: 2 Q Prior to June 2005 did you perform oral sex on 3 Jane Doc 4? 4 MR. PIKE: Form. 5 A I'd like to answer that question. I'd very 6 much like to answer that question, but I cannot today, 7 because on advice of my counsel, they have told me that I 8 I must assert my Sixth Amendment, Fourteenth Amendmen 9 and Fifth Amendment Rights. And if T chose to answer, 10 if I did answer that question, I risk losing their 11 representation, so at least for that -- for today. I 12 must respectfully decline, sir. 13 BY MR. HOROWITZ: 14 Q Prior to June 2005 did you place your mouth on 15 Jane Doe 4's genitals? 16 MR. PIKE: Form. 17 THE WITNESS: You know, I'd like to answer that 18 question. I would have preferred that either your 19 partner, who was hem, would have been here, the 20 one who filed the law who is suspended by the 21 Florida Bar, or Mr. ' partner. Scott 22 Rothstein, who sits in jail, was to be here. I 23 would prefer to respond to them. However, today, I 24 cannot answer those questions based on advice of 25 counsel, so I must respectfully decline.¶
1 BY MR. HOROWITZ: 2 Q Prior to June 2005 did you place a vibrator on 3 Jane Doe 4's genitals? 4 MR. PIKE: Form. 5 THE WITNESS: I'd like to answer that 6 question. I'd like to answer every question you've 7 asked here today. I'd like to respond to you -- to 8 your partner who's been suspended. I apologize, 9 before I said he was disbarred, but -- for improper 10 behavior after filing this lawsuit. On advice of 11 counsel, they've instructed me that I must assert 12 my Fourteenth Amendment, Fifth Amendment and Slat' 13 Amendment Rights to any question that may become 14 relevant to this lawsuit or risk losing their 15 representation, therefore, I would have to 16 respectfully, respectfully decline. 17 BY MR. HOROWITZ: 18 Q Prior to June 2005 did you give lingerie to 19 Jane Doe 4 to wear for you? 20 MR. PIKE: Form. 21 THE WITNESS: I would like to answer that 22 question. I would like to answer all your 23 questions. However, I am going to have to respond 24 to that question, as I responded to all your other 25 questions here today, Mr. Horowitz, which is on¶
1 advice of counsel, they've instructed me l must 2 assert my Sixth Amendment, Fourteenth Amendment am 3 Fifth Amendment Rights. And if I chose to answer, 4 which I prefer to do, that question, I risk losing 5 their representation. 6 BY MR. HOROWITZ: 7 Q Prior to June 2005 was Jane Doe 4 ever nude in 8 front of you at your request? 9 A I'd like to answer that question. I'd very 10 much like to answer that question. However, my 11 attorneys have counseled me that I cannot answer that 12 question or any question today that may be relevant to 13 one of the lawsuits that you've brought, or your partner 14 who has brought -- your partner who is suspended from 15 practice in Florida. So, though I would like to answer 16 the question, Mr. Horowitz, today under the advice of 17 counsel, I cannot. 18 Q Prior to June 2005 did you coerce Jane Doc 4 19 into putting her hands on your penis? 20 A Again, I'm sorry? 21 Q If -- if -- if -- if your attomey passing you 22 notes is -- is causing you to be distracted from 23 listening to my questions, I am — I am going to ask 24 that you not do it. 25 A I -- I understand.¶
Page 146¶
1 MR. PIKE: Fine. 2 THE WITNESS: It was just the fact -- it wasn't 3 that. It was, in fact, I had put my glasses on. 4 BY MR. HOROWITZ: 5 Q Your glasses were preventing you from hearing 6 mc? 7 A Yes. 8 MR. PIKE: First of all, you're not going to 9 tell me how to communicate with my client. I'm 10 hying not to take a break again, so that, you 11 know, we don't -- we can keep going forward. If 12 you'd like me to take a break, I can take another 13 break right now. 14 MR. HOROWITZ: Well, I'm not here to tell you 15 how to do your job, but the Rules of Civil 16 Procedure do, and what they say -- let me finish -- 17 is that "if you interrupt an examination to 18 communicate with your clients, you can be 19 sanctioned for it." 20 MR. PIKE: Okay. Well, first of all, 21 Mr. Horowitz, I didn't interrupt any examination. 22 You interrupted the examination. I didn't say a 23 word. So, let's just go ahead and proceed 24 forward. The witness asked you to repeat the 25 question, okay?¶
1 As you are well aware we have hyper-technical 2 Constitutional privileges at issue here. Ill 3 choose to communicate with my client regarding 4 those privileges, I will communicate with him. If 5 you'd like me to take breaks, I will do so. But 6 once again, we're here to answer your questions, 7 and I would like to just move forward. 8 BY MR. HOROWITZ: 9 Q Prior to June 2005 did you coerce Jane Doc 4 10 into putting her hands on your penis? 11 MR. PIKE: Form. 12 THE WITNESS: I'd like to answer that 13 question. I cannot answer that question on advice 14 of counsel, but I'd like to answer that question. 15 My counsel has advised me that I must assert my 16 Sixth Amendment, Fifth Amendment and Fourteenth 17 Amendment Rights. And if I choose to answer that 18 question, I risk waiving those rights, and risk 19 losing their representation. 20 BY MR. HOROWITZ: 21 Q Prior to June 2005 did you insert your fingers 22 into Jane Doe 4's vagina? 23 MR. PIKE: Form. 24 THE WITNESS: I'd like to answer that question 25 about Jane Doe 4, and all the other girls you've¶
Page 148¶
1 mentioned today. However, my counsel has told me I 2 cannot answer any questions that may be relevant to 3 the lawsuit. I'd like to answer that question 4 directly to you, Mr. nig Mr. 5 partner, unfortunately, is in jail, so l ink 6 to him directly. Your partner has been suspended 7 after filing a lawsuit against me. But, though I'd 8 like to answer those questions, I risk losing their 9 representation and waiving those rights, if I do 10 so. 11 BY MR. HOROWITZ: 12 Q Prior to June 2005 did you masturbate in front 13 ofJane Doe 4? 14 MR. PIKE: Form. 15 TILE WUNESS: I'd like to answer that 16 question. I'd like to answer all your other 17 questions posed here today; however, I cannot do so 18 on the advice of counsel. And they told mc that if 19 I do answer the questions, I may waive those 20 rights, or risk losing their representation. 21 BY MR. IIOROWITZ: 22 Q Prior to June 2005 did you ejaculate in front 23 of Jane Doe 4? 24 MR. PIKE: Form. 25 THE WITNESS: I would like to answer that¶
37 (Pages 145 to 148)¶
1 2 3¶
question about Jane Doe 4, the girl who wrote "for a good time, call" -- I -- from her testimony, "for a good time, call Jane Doc 4" or "call Jane Doe 4 4." Pm not actually sure. You maybe could clue 4 THE WITNESS: I'd like to answer that 5 mc in. However, my counsel has told mc today that 5 question. I'd like to answer every question you've 6 I -- I must assert my Sixth Amendment, Fourteenth 6 asked here today, every question. However, my 7 Amendment and Fifth Amendment Rights as provided In 7 counsel has instructed me at least today. I cannot 8 the U.S. constitution. And, though I would like to 8 answer those questions, and they've instructed me 9 answer each and every one of your questions, I 9 that I must assert my Fourteenth Amendment, Sixth 11 waiving those rights and losing their 11 the Constitution. And by not doing so, I may waive 12 representation. 12 those rights or risk losing their representation. 13 BY MR. HOROWITZ: 13 BY MR. HOROWITZ: 14 Q Did Jane Doe 4 come to your Palm Beach home on 14 Q Prior to June 2005 did you instruct S.K. to 15 multiple occasions between 2003 and May 2005 to give yob 15 communicate with Jane Doc 4 by telephone to schedule 17 activity? 17 activity? 18 MR. PIKE: Fonn. 18 MR. PIKE: Form. 19 THE WITNESS: I'd like to answer each and every 19 THE WITNESS: I'd like to answer that 20 one of your questions posed here today. 1 would 20 question. I'd like to answer all your questions. 21 like to answer that question, and all the other 21 I wish your partner that had been suspended from 22 questions you've asked about Jane Doe 4. However, 22 practice after he filed Jane Doe 4's lawsuit, or 23 upon advice of my counsel, they've instructed me to 23 Ma' who's -- who sits next to you, whose 24 assert my Fourteenth Amendment Rights, my Sixth 24 partner sits in jail. I would like nothing more¶
1 2 3 okay that you were touching her breasts and genitals while she was still a child? MR. PIKE: Form. 10 cannot do so. I risk waive -- risk losing or 10 Amendment and Fifth Amendment Rights as provided b; 16 massages during which you engaged her in sexual 16 Jane Doe 4 to come to your Palm Beach home for sexual 25 Amendment Rights and my Fifth Amendment Rights as 25 than to answer these questions today, but upon¶
Page 150 Page 152 MR. PIKE: Form. a THE VIDEOGRAPHER: Timc off the record 1:50. 23 representation. 23 Amendment, Fourteenth Amendment and Fifth Amendmen¶
1 provided by the constitution. So, though I'd like 1 advice of my counsel, they've told me that I must 2 to answer, I don't. I've 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: risk losing their representation. Adam, may I take 6 Q Prior to May of 2005 did you pay Jane Doe 4 6 a quick five minutes? 7 5200 after having had sexual contact with her? 7 MR. HOROWITZ: Sure. 9 THE WITNESS: Again? (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. HOROWITZ: 12 $200 after having had sexual contact with her? 12 Q Prior to Junc 2005 you instructed Jane Doe 4 to 13 MR. PIKE: Form. 13 call you at your Palm Beach home to confirm the specific 14 THE WITNESS: I'd 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, tht 18 question. I'd 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 24 BY MR. HOROWITZ: 24 Rights. Though I'd like to answer that question, 25 Q Did you try to persuade Jane Doc 4 that it was 25 as all your other questions, I'm informed that if l¶
do so, I risk waiving those rights and losing my representation. BY MR. HOROWITZ: Q Did you instruct Jane Doe 4 to lie to police investigators during their 2005 investigation into your criminal activities? MR. PIKE: Form. THE WITNESS: Did I instruct Jane Doe 4 to lie? MR. HOROWITZ: That's my question, yes. THE WITNESS: I'd like to answer that question. I'd like to answer every one of your questions here today. I'd like to answer questions of — unfortunately, the — I guess your partner that filed this lawsuit was suspended by the Florida Bar. I'd like to answer. However, my counsel has advised me at least today that I must assert my rights under the Fourteenth Amendment, Sixth Amendment and Fifth Amendment And if 1 choose to answer that question, which I prefer to do, I risk losing their representation and waiving those rights, so I must respectfully decline. Sony, Mr. Horowitz. BY MR. HOROWITZ: Q Are you suggesting that you have some¶
Page 154 information that Jeffrey Herman was suspended from the practice of law because he made false statements in a lawsuit against you? MR. PIKE: Form. THE WITNESS: Jeffrey Herman was your partner Are you asking me why he was suspended? I'm sorry, are you asking me — BY MR. HOROWITZ: Q I'm asking you why — THE REPORTER: Wait asecond. THE WITNESS: Sorry. Are you asking why your partner was suspended from the practice of law in South Florida? BY MR. HOROWITZ: Q I'm asking you whether you have any information or you're suggesting here today that his suspension of practice of law had anything to do with you or the lawsuits against you? MR. PIKE: Form. THE WITNESS: Am I suggesting that his disbarment — I'm sorry his suspension or rm sorry can you do it again? Was he disbarred or suspended? BY MR. HOROWITZ: Q Are you suggesting today in your testimony¶
that -- A Yeah. Q — his suspension had anything to do with you or the lawsuits against you? MR. PIKE: Form. THE WITNESS: Pd like to answer that question, but my counsel has advised me I cannot today. I must assert the Fourteenth Amendment, Sixth Amendment and Fifth Amendment Rights, though obviously, I'd like to answer that question. BY MR. HOROWITZ: Q Did you instruct S.K. to tell Jane Doe 4 to lie to police investigators during their 2005 investigation into your criminal activity? MR. PIKE: Form. THE WITNESS: Pd very much like to answer tlu question. I'd very much like to answer all your questions here today, but as I've done with most of those questions, on advice of my counsel — it's been along day so far — I am going to have to refrain from answering, at least today, to any questions that may be relevant to any of your lawsuits brought by you, your suspended partner, Mr. and his partner who's in jail. So, thou cto answer those questions, I risk¶
Page 156 losing or waiving my rights and my counsel's representation, so I must respectfully decline today. BY MR. HOROWITZ: Q Did you instruct J.B. to rent a car for Jane Doe 4? MR. PIKE: Form. THE WITNESS: I'd like to answer that question -- Jane Doe 4 — have we moved from adifferent person, I'm sorry? MR. HOROWITZ: We're on Jane Doe 4. THE WITNESS: Okay. I'd like to answer that question. I'd like to answer every one of your questions. However, my counsel has advised me, at least today, that I cannot do so. l must assert my Fourteenth Amendment, Fifth Amendment and Sixth Amendment Rights. BY MR. HOROWITZ: Q Did you intend for Jane Doe 4 to use the car that you rented for her, for her to come to your home to give you sexual massages? MR. PIKE: Form. THE WITNESS: Did I intend acar that was rented for Jane Doe 4 could you do the question again?¶
1 BY MR. HOROWITZ:¶
2 Q Sure. Did you intend for Jane Doe 4 to use the 3 car you rented for her to come to your home to give you 4 sexual massages?¶
5 MR. PIKE: Form.¶
6 THE WITNESS: You said I rented a car?¶
7 MR. HOROWITZ: I'm just asking the questions.¶
a My --¶
9 THE WITNESS: I'm sorry, you have to ask the 10 question again.¶
11 BY MR. HOROWITZ:¶
12 Q Sure. Previously I asked you if you rented a 13 car, and you asserted the Fifth --¶
14 A I don't believe you did.¶
15 Q Okay. All right. Did you --¶
16 A You asked me if I instructed somebody --¶
17 Q That's right. You're correct. The car that¶
18 you instructed J.B. to rent for Jane Doe 4. I'm talking¶
19 about that -- that vehicle, okay? Did you intend for¶
20 Jane Doe 4 to use that car to come to your home and give 21 you sexual massages?¶
22 MR. PIKE: Form.¶
23 TILE WITNESS: I'd like to answer that¶
24 question. I'd like to answer every question about¶
25 Jane Doc 4 that you asked me here today. My¶
1 counsel has advised me that I may not And they've 2 instructed me that I am to assert my Fourteenth 3 Amendment, Sixth Amendment, Fifth Amendment¶
4 Rights. And, though I'd like to answer each one of¶
5 your questions, my counsel has advised me that if I¶
6 choose to do so, which is my preference, I risk 7 waiving those rights and/or losing their¶
8 representation.¶
9 BY MR. HOROWITZ:¶
10 Q Isn't it true that you and Jane Doe 4 watched a¶
11 videotape of Jane Doe 4 and her boyfriend having sexual 12 intercourse?¶
13 MR. PIKE: Form.¶
14 THE WITNESS: Can you describe this videotape 15 to me?¶
16 BY MR. HOROWITZ:¶
17 Q Would that refresh your recollection?¶
18 A I don't know. Would you want to tell me about 19 it?¶
20 Q My question for you is: Isn't it true that you¶
21 and Jane Doe 4 watched a videotape of Jane Doe 4 and het¶
22 boyfriend having intercourse? Does that refresh your 23 recollection?¶
24 MR. PIKE: Same objection, form.¶
25 THE WITNESS: I'd like to answer that question¶
1 -- a videotape of her and her boyfriend having sex?¶
2 MR. HOROWITZ: Yes.¶
3 THE WITNESS: Okay. I'd like to answer that¶
4 question, but my counsel has instructed me that I¶
must assert my Fourteenth Amendment, Sixth¶
6 Amendment and Fifth Amendment Rights. And, thougl 7 it's obvious I'd like to answer that question, my¶
8 attorneys have counseled me that I -- by doing so,¶
9 I waive those rights, or risk losing their 10 representation.¶
11 May I get some — a cup? Is this yours?¶
12 MR. HOROWITZ: No.¶
13 THE WITNESS: Okay.¶
14 MR. HOROWITZ: It's mine.¶
15 BY MR. HOROWITZ:¶
16 Q Sr, you don't deny that you sexually abused¶
17 Jane Doe 4. do you?¶
18 MR. PIKE: Form, argumentative. 19 THE WITNESS. I'd like to answer that question¶
20 very much so. However, my counsel has advised me¶
21 today that I must assert -- at least today, I must¶
22 assert Sixth Amendment, Fourteenth Amendment and¶
23 Fifth Amendment Rights. And by choosing to answer,¶
24 I may waive those rights or risk losing their¶
25 representation.¶
1 So, though your partner after he filed that 2 Jane Doe 4 lawsuit was suspended from the practice 3 of law by the FloridaLiar or some of these other¶
4 cases brought by Mr.EM' firm who is sitting¶
5 next to you, whose partner sits in jail for¶
6 bringing cases of a sexual nature, accusing people¶
7 fallaciously, maliciously, simply to get money. Pd¶
8 like to answer each one of your questions, but¶
9 today, unfortunately, I must respertfully decline.¶
10 BY MR. HOROWITZ:¶
11 Q Sir, are you asserting your Fifth Amendment,¶
12 Sixth Amendment and Fourteenth Amendment Rights to 13 protect your innocence, or conceal your guilt?¶
14 MR. PIKE: Form. I'm going to instruct him not¶
15 to answer that question.¶
16 BY MR. HOROWITZ:¶
17 Q Is there any reason that the jury should not¶
18 infer that you did in fact have sexual contact with Jane¶
19 Doe 4 when she was a child, given that you've asserted¶
20 the Fifth Amendment?¶
21 MR. PIKE: Form.¶
22 THE WITNESS: The Fifth Amendment has been used¶
23 many times to protect the innocent, especially 24 people who've been falsely accused by people like¶
25 your -- Mr. partner, Scott Rothstein, who¶
1 sits in jail accused by the U.S. Attorney of 2 running the biggest fraudulent scheme in South 3 Florida's history, stealing millions of dollars 4 from South Florida residents. The U.S. Attorney 5 called his enterprise a criminal -- his firm, 6 Mr.Mn' firm, sitting next to you — another 7 one of the lawsuits, a criminal enterprise.¶
8 I'd like to answer that question very 9 specifically. However, my attorneys have counseled 10 me that today I may not, and I may risk losing my 13. rights, my waiver -- excuse me - my rights, and 12 risk losing my representation, if I choose to 13 answer that question.¶
14 BY MR. HOROWITZ:¶
15 Q Okay. I don't want to know why other people 16 assert the Fifth Amendment. I want to know why you're 17 asserting it. Are you asserting it because you're an 18 innocent man, or because you're a guilty man?¶
19 MR. PIKE: Form.¶
20 THE WITNESS: I'd love to answer that 21 question. However, my attorneys have counseled me 22 that I cannot and must assert my rights under the 23 Sixth Amendment, Fourteenth and Fifth, even to that 24 question. Though I would be more than happy to 25 answer it, my attorneys have counseled me that by¶
- doing so, I may waive those rights and risk losing 2 their representation.
3 BY MR. HOROWITZ:¶
4 Q Okay. Sir, Pm going to ask you a few 5 questions about a young woman named Jane Doc 5.¶
6 A Yes. Okay.¶
7 Q First name is Jane Doe 5.¶
8 MIL PIKE: You said her last name was Jane Doc 9 5?¶
10 MR. HOROWITZ: Yes.¶
11 BY MR. HOROWITZ:¶
12 Q So you know her as Jane Doe 5?¶
13 MR. PIKE: Form, mischaracterizes the witness' 14 testimony, move to strike. Let's not play with 15 words.¶
16 BY MR. HOROWITZ:¶
17 Q Do you recognize her name as A.G. or Jane Doe 18 5?¶
19 A I don't recognize her name.¶
20 Q Okay. Well, for the moment I would like you to 21 hold on to that name, so — because I'll be asking you a 22 series of questions about it, okay?¶
23 A Okay.¶
24 Q Isn't it true that a girl named Jane Doe 5 came 25 to vow Palm Beach estate in approximately 2001 or ' 1 2002?¶
2 MR. PIKE: Form.¶
3 THE WITNESS: I'd like to answer that question 4 with respect to Miss Jane Doe 5.¶
5 Q I asked you the right -- I know you did write 6 it down.¶
7 A I know. But how did you pronounce it?¶
8 Q Jane Doe 5.¶
9 A Okay. However, my attorneys have counseled me 10 that at least today I cannot answer questions that may 11 become relevant to any of your lawsuits that you have 12 filed with respect to these girls, or your partner filed 13 before he became suspended by the Florida Bar for 14 improper behavior.¶
15 So, though I'd like to answer that question,¶
16 Mr. Horowitz, as I would like to answer every one of 17 your questions, at least today, I am going to have to 18 assert the rights dictated to me by my counsel, either 19 the Sixth Amendment, Fourteenth and -- or Fifth 20 Amendment, or all of the above.¶
21 I mean, I would like to answer each and every 22 one of your questions. III do so, Pm told that I risk 23 waiving those rights, or losing their representation.¶
24 BY MR. HOROWITZ:¶
25 Q All right.¶
1 A Excuse me.¶
2 3 4 5 6 Q In either 2001 or 2002, did S.K. inform you that she had received a telephone call in which she was referred to an underage girl named Jane Doe 5 who would be willing to come to your home and give you a massage for money?¶
7 MR. PIKE: Form.¶
8 9 THE WITNESS: I'd like to answer that question, as I'd like to answer mostly every one of your¶
10 11 questions here today. These questions, my attorneys have counseled me, I cannot answer today¶
12 13 because -- as they may be relevant to the lawsuit. Thcy have instructed me that I must assert my¶
14 15 16 Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights, though I'd very much like to answer that question.¶
17 BY MR. HOROWITZ:¶
18 19 Q Did S.K. inform you that she was provided with Jane Doe 5's telephone number?¶
20 MR. PIKE: Form.¶
21 THE WITNESS: Again?¶
22 BY MR. HOROWITZ:¶
23 24 Q Did S.K. inform you that she was provided with Jane Doe 5's telephone number?¶
25 A "Provided with" -- I -- I don't understand the¶
1 question.¶
2 MR. PIKE: Form to that. And I know you're 3 going to ask it again.¶
4 THE WITNESS: Yes, he is.¶
5 BY MR. HOROWITZ:¶
6 Q Did —171 try and ask it as fundamentally as 7 Ican.¶
A Okay.¶
9 Q Did S.K. inform you that she had Jane Doe 5's 10 telephone number?¶
11 A I'd like to answer that question. I've been¶
12 have -- I'd like to answer every question you've asked 13 here today. However, on advice of counsel, they've¶
14 instructed me that I cannot answer that question today¶
15 because it may be relevant to one of our lawsuits filed 16 by either you, Mr.IM Mr. ' partner who¶
17 sits in jail, your partner who's been suspended from the¶
18 Florida Bar.¶
19 So, though I'd like to answer that question, at 20 least today, my counsel said I risk waiving those rights¶
21 under the Sixth, Fourteenth and Fifth, or risk losing 22 their representation.¶
23 Q Did you instruct S.K. to call Jane Doe 5 to¶
24 come to your home and give you a massage in 2001 or¶
25 2002?¶
Page 166¶
1 MR. PIKE: Form.¶
2 THE WITNESS: This is the same Jane Doc 5 -- 3 whatever her name is?¶
4 MR. HOROWITZ: Yes, keep that same person in s your head.¶
6 THE WITNESS: It's a little bit tough. I'd¶
7 like to answer that question. I'd like to answer¶
8 all your questions. However, today, my counsel has 9 advised me that I cannot answer any questions that¶
10 may be relevant to the lawsuit, and they've¶
11 instructed me that I must assert my Fourteenth,¶
12 Fifth and Sixth Amendment Rights. 13 And by answering those questions, that I choose¶
14 -- that prefer to do so today, they've instructed¶
15 me that I may waive those rights, or risk losing 16 their representation.¶
17 BY MR. HOROWITZ:¶
18 Q Did you inform S.K. that the massage Jane Doe 5 19 was to give you would be sexual in nature?¶
20 MR. PIKE: Form.¶
21 THE WITNESS: I'd like to answer each and every 22 one of your questions. My counsel has advised me¶
23 — my counsel has advised me that I cannot today,¶
24 and they've instructed me that I should assert my 25 Fourteenth Amendment, Sixth Amendment and Fifth¶
1 Amendment rights.¶
2 And if I choose not to do so, I risk waiving 3 those rights, or losing their representation. So, 4 though I'd like to answer that question, I cannot.¶
5 BY MR. HOROWITZ:¶
6 Q Did you observe S.K. speaking with Jane Doe 5 7 on the telephone to arrange for Jane Doe 5 to come to 9 your home for a massage?¶
9 MR. PIKE: Form.¶
10 THE WITNESS: I'd like to answer each one of 11 your questions, Mr. Horowitz, each and every one 12 that you've posed here today, but I am going to¶
13 have to answer that question, as I've answered most 14 of your other questions here today, which is my¶
15 counsel has advised me, at least today, at least 16 today, that I cannot answer those questions and¶
17 must assert my Fourteenth Amendment Rights, Sixth 18 Amendment Rights and Fifth Amendment Rights or -¶
19 BY MR, HOROWITZ:¶
20 Q Did —¶
21 A I'm sorry.¶
22 Q Pin sorry, go ahead.¶
23 A -- or risk waiving those rights, or losing 24 their representation.¶
25 Q Did S.K. tell you that shc had confirmed by¶
Page 168¶
1 telephone that Jane Doc 5 would be at your home at a 2 specific time to give you a massage?¶
3 MR. PIKE: Form.¶
4 THE WITNESS: I'd like to answer that¶
question. I'd like to answer every one of your¶
6 questions posed here today, Mr. Horowitz. However,¶
7 on advice of counsel, they've instructed me that¶
8 must assert my Fifth Amendment, Sixth Amendment an'¶
9 Fourteenth Amendment Right.¶
10 BY MR. HOROWITZ:¶
11 Q Was it your intent during the course of Jane¶
12 Doe 5's visit to your home in either 2001 or 2002, that¶
13 you would persuade, induce or entice her to engage in 14 sexual activity?¶
15 MR. PIKE: Form.¶
16 THE WITNESS: It would give me great pleasure¶
17 to be able to answer that question to you, as it —¶
18 as all the other questions you've asked about these 19 girls here today. My counsel has told me that 1¶
20 cannot answer those questions that may be relevant¶
21 to any of the lawsuits brought by you, your partner¶
22 that's been suspended or disbarred — Pm not¶
23 reap ivhat the difference is -- or¶
24 Mr. partner who sits in a Florida jail for 25 fleecing people out of millions of dollars by¶
42 (Pages 165 to 168)¶
1 crafting cases of a sexual nature against people 1 2 like me and others, and those are -- though I'd 2 3 like to answer those questions, my counsel has 3 4 advised me, at least today, that 1 cannot. 4 5 BY MR. HOROWITZ: 5 6 Q During the course of Jane Doe 5's visit to your 6 7 home in 2001 or 2002, did you, in fact, persuade, induce 7 8 or entice her to engage in sexual activity with you? 8 9 MR. PIKE: Form. 9 10 THE WITNESS: Though I'd like to answer that 10 11 question, as well as every other question you've 11 12 asked me here today, I am going to respond in a 12 13 similar fashion, which is my counsel, at least 13 14 today, has told me I may not, may not respond, and 14 15 must assert my rights under the Fourteenth, Sixth 15 16 and Fifth Amendment. 16 17 Though I'd like to respond to each question, my 17 18 counsel has told me that if I choose to do so, I 18 19 risk waiving those rights and losing their 19 20 representation. 20 21 BY MR. HOROWITZ: 21 22 Q Did you pay for Jane Doe 5 to take a taxi to 22 23 your home in either 2001 or 2002? 23 24 MR. PIKE: Form. 24 25 THE WITNESS: I'd like to answer each question 25¶
1 you've asked me here today. However, on advice of 1 2 counsel, they've asked -- they've instructed mc to 2 3 assert my Fifth Amendment, Sixth Amendment and 3 4 Fourteenth Amendment Rights under the C.S. 4 5 Constitution. 5 6 Though I'd like to answer each question, I have 6 7 to respond, unfortunately, the same way I've 7 8 responded to mostly every one of your questions 8 9 here today, and assert those rights on counsel's 9 10 advice, or risk waiving those rights and losing 10 11 their representation. 11 12 BY MR. HOROWITZ: 12 13 Q During Jane Doe 5's visit to your home in 13 14 either 2001 or 2002, Jane Doe 5 told you she was under 14 15 18, didn't she? 15 16 MR. PIKE: Form. 16 17 TIIE WITNESS: I'd like to answer that 17 18 question. I'd like to answer every question you've 18 19 asked me here today. I'd like to answer the 19 20 questions posed by you, Mr. , your partner, 20 21 Mr. Herman, who unfortunate) suspended after 21 22 he filed these cases, Mr. partner who's 22 23 sitting -- sitting in a jail for fabricating cases 23 24 of a sexual nature against people like me and 24 25 others for stealing money from people in South 25¶
Florida. I'd like to answer every question you've asked me here today, Mr. Horowitz, but my counsel has instructed me that I may not. BY MR. HOROWITZ: Q When Jane Doe 5 came to your home in either 2001 or 2002, she appeared to you to be under the age o 18; isn't that right? MR. PIKE: Form. THE WITNESS: I'd like to answer all your questions. I'd like to answer each and every one of your questions. However, my counsel has instructed me that I may not answer any questions that may be relevant to this lawsuit, or any of your lawsuits Sky your firm, your suspended partner or Mr. ' firm, his partner who sits in jail -- excuse mc. So, though I'd like to answer those questions, 1 was told that -- by my counsel that if I choose to do so, l risk waive -- risk waiving my right and risk losing their representation. BY MR. HOROWITZ: Q During Jane Doe 5's visit to your home in 2001 and 2002, she told you she attended Wellington High School; isn't that right?¶
MR. PIKE: Form. THE WITNESS: I'd like to answer that question. Pd like to answer every question you've posed here today, but unfortunately, I am going to have to respond the same way I've responded to most of these other questions, which is my counsel has advised me that at least today, I cannot answer those questions. And if I choose to do so, I may waive my rights, but I -- so I must assert them under the Sixth, Fourteenth and Fifth Amendment. BY MR. HOROWITZ: Q During Jane Doe 5's visit to your home in 2001 or 2002, were you nude in front of Jane Doe 5? A I'd like to answer -- MR. PIKE: Form. THE WITNESS: -- that question. I'd like to answer every question you've asked me here today. But my counsel has advised me that I may not answer any aims that may be relevant to your lawsuit, Mr. ' lawsuit, his partner's lawsuit who sits -- his partner who sits in jail, and my counsel has advised me that, though his partner sits in jail for bringing fabricated cases of a sexual nature against people like me and others. that I still have to assert my rights under the¶
1 Sixth Amendment, Fifth -- Fourteenth Amendment and
2 Fifth Amendment; otherwise, I risk waiving those
3 rights, or losing their representation.¶
4 BY MR. HOROWITZ:¶
5 Q During the course of Jane Doe 5's visit to your
6 home in either 2001 or 2002, did you instruct Jane Doe 5
7 to remove all of her clothing?¶
8 MR. PIKE: Form.¶
9 THE WITNESS: I'd like to answer that
10 question. I'd like to answer every question you've
11 asked me here today with specificity. However, my
12 counsel has told me that I may not answer any
13 questions that may be relevant to this lawsuit,
14 must assert my rights under the Fourteenth, Sixth
15 and Fifth Amendment, so I must respectfully
16 decline, Mr. Horowitz.¶
17 BY MR. HOROWITZ:¶
18 Q During the course of Jane Doe 5's visit to your
19 home in 2001 or 2002, did you instruct Jane Doe 5 to
20 pinch your nipples and rub your chest?¶
21 MR. PIKE: Form.¶
22 THE WITNESS: Like all the other questions --
23 questions you've asked me here today, I'd love to
24 answer that question. I'd love to answer each and
25 every one of your questions here today, but my¶
1 counsel has told me I cannot. They've instructed
2 me that I have to assert my Fourteenth, Fifth and
3 Sixth Amendment Rights. And, though I'd like to
4 answer -- prefer to answer, that by doing so, I may
5 waive those rights, and risk -- and/or risk losing
6 their representation.¶
7 BY MR. HOROWITZ:¶
8 Q Okay. During the course of Jane Doe 5's visit
9 to your home in 2001 or 2002, isn't it true you asked
10 Jane Doe 5 questions about her sexual experience and
11 preferences?¶
12 MR. PIKE: Form.¶
13 THE WITNESS: I'd like to answer each and every
14 one of your question about Jane Doe 5 -- Jane Doe 5
15 and her claims. However, my attorneys have told me
16 I cannot, at least today, answer any of those
17 questions that may be relevant to the lawsuit that
18 you have filed, your suspended partner has filed,
19 Mr. [REDACTED] has filed, his partner in jail has
20 filed.¶
21 Unfortunately, there's lots of things I cannot
22 answer questions to. My partner -- my counsel has
23 told me that I risk waiving my rights and losing
24 their representations, if I choose to do so.¶
25 BY MR. HOROWITZ:¶
1 Q During the course of Jane Doe 5's visit to your
2 home in 2001 and 2002, did you remove Jane Doe 5's bra
3 and rub her breasts?¶
4 MR. PIKE: Form.¶
5 THE WITNESS: The answer is: I'd like to
6 answer that question. I believe Jane Doe 5
7 testified that that was not the case, or you're
8 asking me a question that she testified to
9 something else? But, though I cannot answer those
10 questions, my counsel has advised me that I have to
11 assert my rights under the Fifth, Fourteenth and
12 Sixth Amendment. So, though I'd like to answer
13 that question, I may not.¶
14 BY MR. HOROWITZ:¶
15 Q Well, which version of events is true, that you
16 did touch her breasts, or that you did not touch her
17 breasts?¶
18 A Are you asking me whether she tells the truth
19 or not in her deposition? Is that the question?¶
20 Q My question is: Which version of events is
21 true, that she touched your breasts -- that you touched
22 her breasts, or that you did not touch her breasts?¶
23 MR. PIKE: Form.¶
24 THE WITNESS: I'd like to answer that
25 question. As you might imagine I'd like to answer¶
1 that question very much. However, my counsel has
2 advised me I may not, today anyway, and I must
3 assert my right under the Sixth, Fourteenth or --
4 and/or Fifth Amendment.¶
5 And, though I'd like to answer that question
6 specifically -- I'd like to answer it to you, I'd
7 like to answer it to your partner who's not here
8 because he's been suspended from the practice of
9 law in South Florida after he filed this lawsuit.
10 I'd like to answer that question specifically to
11 Mr. [REDACTED]'s partner who remains in jail for
12 perpetrating a fraud on people in South Florida,
13 stealing money from them.¶
14 Unfortunately, under -- my counsel has told me
15 that I must respectfully decline and assert my
16 rights, or risk waiving those rights and losing
17 their representation.¶
18 THE WITNESS: I'm going to have to take a
19 break.¶
20 THE VIDEOGRAPHER: Going off the record. Time
21 off the record 2:25.¶
22 (Thereupon, a short break was taken.)¶
23 THE VIDEOGRAPHER: Time on the record 2:37.
24 This is Tape 4.¶
25 BY MR. HOROWITZ:¶
1 Q Okay. We've been discussing Jane Doe 5 for 2 some time now. Okay. I'm going to ask you a few more 3 questions about her. During the course of Jane Doe 5's 4 visit to your home in 2001 and 2002, did you rub Jane 5 Doe 5's vagina over her underwear? 6 MR. PIKE: Form, and assumes facts not in 7 evidence. 8 THE WITNESS: I'd like to answer that 9 question. I'd like to answer every question you've 10 asked me here today. But on advice of counsel, 11 they've instructed me, must assert my Sixth 12 Amendment, Fourteenth Amendment and Fifth Amendmen 13 Rights. 14 BY MR. IIOROWITZ: 15 Q During the course of Jane Doe 5's visit to your 16 home in 2001 and 2002, did you rub her vagina under her 17 underwear? 18 MR. PIKE: Form. 19 THE WITNESS: I'm afraid it's the same answer 20 as most of the other answers I've given here 21 today. Though I would like to answer these 22 questions with specificity, especially that 23 question, my counsel has advised me that I may not, 24 and must assert my rights under the Sixth 25 Amendment, Fourteenth and Fifth Amendment.¶
1 And if I chose to answer, which I prefer to do, 2 they've advised me I may waive those rights, or 3 risk losing their representation. 4 BY MR. HOROWITZ: 5 Q During the course of Jane Doe 5's visit to your 6 home in 2001 and 2002, did -- did you insert your 7 forgers into her vagina? MR. PIKE: Form. 9 THE WITNESS: I'd very much like to answer tha 10 question as well, Mr. Horowitz, but my attorneys 11 have advised me today that I cannot, and 1 must 12 assert my rights under the Sixth, Fifth and 13 Fourteenth Amendments. 14 Though it would -- I'd prefer to answer the 15 question, they told me that if I choose to do so, I 16 risk waiving those rights. I would prefer to have 17 that conversation with your partner that was 18 suspended or disbarred from the Florida Bar after 19 filing the lawsuit on Jane Doe 5's behalf. I'd 20 prefer to talk to Mr. partner, if he was 21 able to be here, except he's in jail for 22 fabricating cases of a sexual nature against people 23 like me. So, believe me, I'd like to answer those 24 questions, hut today my attorneys have told me I 25 may not.¶
1 BY MR. HOROWITZ: 2 Q During the course of Jane Doe 5's visit to your 3 home in 2001 or 2002, did you place a vibrator on her 4 vagina? 5 MR. PIKE: Form. 6 THE WITNESS: I'd like to answer that 7 THE VIDEOGRAPHER: Hold on. There's major 8 static. Time off the record 2:40. 9 (Thereupon, a short break was taken.) 10 THE VIDEOGRAPHER: Time on the record 2:41 11 MR. HOROWITZ: Back on the record. I don't 12 know that we did or did not get an answer to this 13 question, so I'm going to repeat it. And if you 14 have to repeat your answer, I apologize. 15 MR. PIKE: Thank you. 16 BY MR. HOROWITZ: 17 Q During the course of Jane Doe 5's visit to your 18 home in 2001 or 2002, did you place a vibrator on her 19 vagina? 20 MR. PIKE: Form. 21 THE. WITNESS: I'd like to answer the questions 22 about Jane Doe 5. However, my attorneys have told 23 me that I may not answer any questions regarding 24 anything that may be relevant to any of the 25 lawsuits brought by you, your firm, your partner¶
Page 180 1 that was suspended or disbarred after he brought 2 these lawsuits. So, though I'd like to answer the 3 question, Mr. Morowitz, my attorneys have advised 4 me, at least today, that I must assert my rights 5 under the Sixth, Fourteenth and Fifteen -- Fifth 6 Amendment, and I respectfully have to decline. 7 BY MR. HOROWITZ: 8 Q During the course of lane Doe 5's visit to your 9 home in 2001 or 2002, did you masturbate in her 10 presence? 11 MR. PIKE: Form. 12 THE WITNESS: I'd very much like to answer 13 every question, every single question regarding 14 Jane Doe 5 and her claims. However, my attorneys 15 have advised me, at least today, that I may not do 16 so, and must assert my rights under the Sixth 17 Amendment, Fourteenth and Fifth Amendment. 18 And, though I would prefer to answer, they have 19 advised me that if I choose to do so, I risk 20 waiving those rights and risk losing their 21 representation. 22 BY MR. HOROWITZ: 23 Q During the course of Jane Doe 5's visit to your 24 home in 2001 or 2002, did you ejaculate in her presence? 25 MR. PIKE: Form.¶
Page 182 1 Q Well, I'm going to use a broad definition, 2 okay? 3 A Yes. 4 Q That would involve touching someone's sexual 5 organs, someone else touching your sexual organs, Navin, 6 sexual contact together, such as intercourse or oral sex 7 or anal sex. Did you have any of those activities of a 8 sexual nature with Jane Doe 5? 9 MR. PIKE: Form. 10 THE WITNESS: I'd like to respond to every one 11 of Jane Doe 5's claims. However, today, my counsel 12 has advised me that I may not. So I am going to 13 have — under their instructions have to assert my 14 Sixth Amendment, Fourteenth Amendment and Fifth Amendment Rights. Though I'd like to answer that question, I've been told that if I choose to do so, I risks losing their representation and waiving those rights. BY MR. HOROWITZ: Q During the course of Jane Doe 5% visit to your home in 2001 or 2002, did you also touch another underage girl in a sexual manner in the presence of Jane Doe 5? MR. PIKE: Form. 15 16 17 18 19 20 21 22 23 24 25 THE WITNESS: I'd like to respond to every one 2¶
1 THE WITNESS: Did I ejaculate in Miss Jane Doe 2 5% presence? I'd like to answer that question and 3 that all her claims -- however, today, my attorneys 4 have counseled me that I may not. 5 They've instructed me that I have to assert my 6 Sixth Amendment, Fourteenth Amendment and Fifth 7 Amendment Rights. Though I'd like to answer that 8 question, I am going to have to respond as I've 9 answered most of your other questions here today, 10 which is by asserting those rights. 11 BY MR. HOROWITZ: 12 Q Did you have sexual contact with Jane Doe 5 in 13 your Palm Beach home in either 2001 or 2002? MR. PIKE: Form. 15 THE WITNESS: "Sexual contact"? 16 MR. HOROWITZ: Yes. 17 THE WITNESS: Can you tell me what you mean 18 that? 19 BY MR. HOROWITZ: 20 Q Contact, sexual -- of a sexual nature. Do you 21 understand -- do you understand what that means? 22 A I've asked you -- 23 Q Have you had sexual contact? 24 A I've asked you to clarify what you mean, 25 please.¶
1 of Miss Janc Doe 5's complaints or claims. My 2 attorneys have told me that, at least today, that I 3 may not do so today, and must assert my rights 4 under the Sixth Amendment, Fifth Amendment and 5 Fourteenth, and I have to respond the same way I've 6 responded to most of your -- my — your other 7 questions posed here today. 8 BY MR. HOROWITZ: 9 Q Did you pay Jane Doe 5 $200 after you had 10 sexual contact with her in your home? 11 MR. PIKE: Form. 12 THE WITNESS: I'd like to respond to every one 13 of Jane Doe 5's claims, but my attorneys have 14 advised me that at least today I must assert my 15 rights under the Fifth, Sixth and Fourteenth 16 Amendment. Though I'd like to answer that 17 question, I am going to have to respond similarly 18 that I've answered most of your other questions 19 here today. This is no different. 20 And I - though I would — I've been advised by 21 my attorneys, if I choose to answer, I risk waiving 22 my rights and/or risk losing their representation. 23 BY MR. HOROWITZ: 24 Q You never asked Jane Doe 5 for permission to 25 touch either her breasts or genitals, correct?¶
Page 184 1 MR. PIKE: Form. 2 THE WITNESS: I would like to respond to every 3 single one of your client's claims. My attorneys 4 have advised me at least today, I cannot answer any 5 questions that may be relevant to those claims. 6 And, though your partner who filed this lawsuit on 7 Miss Jane Doe 5's behalf was disbarred — suspended 8 9 by the Florida Bar -- suspend. Florida Bar after filing this claim, or Mr. ', who filed 10 similar claims, partner who sits in jail, I'd like 11 to answer every single question. However, today, 12 my attorneys told me that if I do so, choose to do 13 so, I risk waiving my rights and risk losing their 14 representation. 15 BY MR. HOROWITZ: 16 Q Mr. Epstein, Jane Doe 5 told you when she was 17 in your home that she did not want you to touch her 18 body, isn't that true? 19 MR. PIKE: Form. 20 THE WITNESS: I would very much like to answc 21 every question regarding Jane Doe 5's claims, but 22 today my attorneys have informed me that I may not 23 answer, and must assert my rights under the Sixth, 24 Fifth and Fourteenth Amendment. So, though I would 5 like to answer those questions, I — my attorneys¶
1 have informed me that if I choose to do so, which 2 is my preference, I would risk losing their 3 representation and waiving my rights. 4 BY MR. HOROWITZ: 5 Q Mr. Epstein, you made sexual contact with Jane 6 Doe 5 after she indicated to you that she did not want 7 to be touched by you, isn't that right? 8 MR. PIKE: Form. 9 THE WITNESS: I'd like to answer each and every 10 one of your questions regarding Miss Jane Doc 5's 11 claims. However, my attorneys have advised me that 12 today at least, I may not answer those claims, and 13 must assert my rights under the Fourteenth 14 Amendment, Sixth Amendment and Fifth Amendment 15 And, though as you might imagine, I would like 16 to answer those claims with -- questions with 17 specificity, my counsel has told me that if I 18 choose to do so, I waive -- I might risk losing 19 their representation and waive -- waiving some of 20 my rights. 21 BY MR. HOROWITZ: 22 Q Did you try to persuade Jane Doe 5 that it was 23 okay for you to touch her breasts and genitals while she 24 was still a child? 25 (Videotaped deposition continued in Volume II.)¶
1 2 3 STATE OF FLORIDA ) 4 COUNTY OF BROWARD ) 5 6 7 I, the undersigned authority, certify that 8 Jeffrey Edward Epstein personally appeared before me ant 9 was duly sworn. 10 11 WITNESS my hand and official seal this 22nd day 12 of March, 2010. 13 14 15 16 Vicki L. Lima, Court Reporter 17 Notary Public - State of Florida Commission No: DD 882608 18 Expiration Date: May 26: 2013 Job #92076-A¶
19 20 21 22 23 24 25¶
2 CERTIFICATE • 4 STATE OF FLORIDA I S COUNTY OF BROWARD ) 6 I, Vicki I.. Limn Court Roporia, Nolan Public In and for the State of Moods at Large, do hereby • ocnify that the aforemereioned witness ins by me feat duly swan to testify to the whole truth: that I was a authorized to and did report said deposition in slon0414 : and that the fornok4 pages inane and 9 correct noscrtption of my shorthand notes of said deposition. 10 11I tonna nerdy that the said dentition was taken at the time and place hereinabove set font and 12 that the taking of said deposition was commenced and canned as hercinaboat set on 13 I further certify that I not not an enemy er 14 ensue] of any of the parties, moat arn I a relative or employee of any mann or counsel Marty party 15 contacted with this action. nor am I ioletealcd in the action 16 The foregoing certification of this tranacript 17 does not apply to any reproduction of the same by any imam unless under the direct control mar direction La of the certifying reporter. 19 DC WITNESS WHEREOF. I have hereunto acs my hand this 22nd dry of March. 2010. 20 21 22Vicki L Lims, Coun Repotter Mousy Public -State of Florida 21 Ccounition No: OD 8826(4 Expiration Date: May 26. 20I 24 lob *920764 25¶
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1 ERRATA SHEET 2 TN RE lane Doe No. 2 vs. arty Edward Epstein 3 DEPOSMON OF: Jerky Edstd Epstein. Volirne 4 TAKEN: March 8, 2010 DO NOT WRITE ON TRANSCRIPT- ENTER CHANGES HERE 6 PAGE# LINEA, CHANGE REASON¶
Phase forward the origin.] weal meta sheet 10 the¶
21 olIke so Pat copies may be dimbutcd to all panics. 22 Under penalty of pcpury. I declare that I have ;cad my deposition and that it is Inc and axrect subject to 21 way changes in form or ...lance erected hae 24 DATE: SIGN& I IRE OF DEPONFVT 25 lob 892076A¶
48 (Page 189)¶
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA¶
CASE NO: 08-CV-80119-MARRA [REDACTED]¶
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 II
(Pages 190 - 335)¶
Monday, March 8, 2010
301 Clematis Street
Suite 3000
West Palm Beach, Florida 33401
10:05 a.m. - 6:17 p.m.¶
Reported By:
Vicki L. Lima, Court Reporter
Notary Public, State of Florida
Universal Legal Reporting
Phone - (954) 712-2600
Job #92076-B¶
1 APPEARANCES:¶
- 2 On behalf of the Plaintiffs, Jane Doe 2 through 8:
3 ADAM HOROWITZ, ESQUIRE
4 JESSICA D. ARBOUR, ESQUIRE
5 MERMELSTEIN & HOROWITZ, P.A.
6 18205 Biscayne Boulevard
Suite 2218
7 Miami, Florida 33160 - 8 On behalf of the Plaintiffs, Jane Doe, L.M. and E.W.:
9 BRAD [REDACTED], ESQUIRE
10 [REDACTED], JAFFE, WEISSING,
11 [REDACTED], FISTOS & LEHRMAN, P.L.
12 425 North Andrews Avenue
Suite 2
13 Fort Lauderdale, Florida 33301 - 14 On behalf of the Plaintiff, Jane Doe 103:
15 KATHERINE W. EZELL, ESQUIRE
16 PODHURST ORSECK
17 City National Bank Building
18 25 West Flagler Street
Suite 800
19 Miami, Florida 33130 - 20 On behalf of the Defendant and Witness:
21 MICHAEL J. PIKE, ESQUIRE
22 BURMAN, CRITTON, LUTTIER & COLEMAN
23 303 Banyan Boulevard
24 Suite 400
25 West Palm Beach, Florida 33401 - 26 JACK A. GOLDBERGER, ESQUIRE
27 ATTERBURY, GOLDBERGER & WEISS, P.A.
28 One Clearlake Centre
29 250 Australian Avenue South
30 Suite 1400
31 West Palm Beach, Florida 33401 - 32 ALSO PRESENT:
33 Alex Avala, Videographer
1 VOLUME II
2 (Pages 190 - 335)¶
3 EXAMINATION INDEX
4¶
5 JEFFREY EDWARD EPSTEIN
6 CONTINUED DIRECT BY MR. HOROWITZ 193¶
7 EXHIBIT INDEX
8 MAR
9¶
10 EXHIBIT
11¶
12 1 VEHICLE AND VESSEL INFORMATION 330¶
13 (Beginning of Volume II.)¶
14 MR. PIKE: Form.¶
15 THE WITNESS: I'd like to answer every question
16 that you posed here today, Mr. Horowitz, regarding
17 any of your clients, and especially Miss Jane Doe
18 5's claims. However, my attorneys have advised me
19 that at least today, I must assert my rights under
20 the Sixth, Fourteenth and Fifth Amendment, or risk
21 losing those rights or the -- and/or their
22 representation.¶
13 BY MR. HOROWITZ:¶
14 Q Did you tell Jane Doe 5 "to relax" and quote,
15 just let it -- let it happen, end quote, when she
16 resisted your sexual advances?¶
16 MR. PIKE: Form.¶
17 THE WITNESS: It would give me great pleasure
18 to be able to answer Jane Doe 5's claims. However,
19 my attorneys have advised me today, at least today,
20 that I must assert my rights under the Sixth --
21 excuse me -- Fourteenth and Fifth Amendment. And,
22 though I'd very much like to answer those
23 questions, that question, and the other questions
24 you've posed here today, I am going to have to
25 assert those rights and respectfully decline.¶
24 BY MR. HOROWITZ:¶
1 Q Did you instruct S.K. to take Jane Doe 5's 2 telephone number so you can call Jane Doe 5 to come t 3 your home for more sexual activity?¶
4 MR. PIKE: Form.¶
5 THE WITNESS: I'd like to answer each one of¶
6 your questions, these claims made by Jane Doe 5.¶
7 However, today at least, my attorneys have advised¶
8 me that I may not answer any questions that may be¶
9 relevant to any of the lawsuits brought by you,¶
10 your partner who's been suspended after he filed¶
11 Miss Jane Doe 5's claim. He was suspended for¶
12 improper behavior by the Florida Bar. I may not¶
13 answer the questions of Mr- regarding his¶
14 -- or his partner, Mr. Scott Rothstein, who was¶
15 accused of the largest fraud by fabricating cases¶
16 of a sexual nature of against people, me and 17 others, in order to steal millions of dollars from¶
18 unsuspecting people. So, although I would like to¶
19 answer those questions, my attorneys have advised¶
20 me that if I do so, I risk losing their¶
21 representation and waiving my rights.¶
22 BY MR. HOROWITZ:¶
23 Q After Jane Doe 5 visited your home, did you¶
24 instruct S.K. to call Jane Doe 5 on the telephone to¶
25 arrange for her to come back for more sexual activity?¶
Page 195¶
1 MR. PIKE: Form.¶
2 THE WITNESS: I'd like to answer each one of¶
3 Miss Jane Doe 5's claims. I'd like to answer each¶
4 one with specificity. However, my attorneys have¶
5 advised me today, that I must assert my rights¶
6 under the Fourteenth, Sixth and Fifth Amendment.¶
7 And if I choose to answer, which is my preference,¶
I risk losing their representation and waiving¶
9 those specific rights.¶
10 BY MR. HOROWITZ:¶
11 Q Isn't it true, sir, that you sexually abused¶
12 Jane Doe 5 when she was a child?¶
13 MR. PIKE: Form.¶
14 THE WITNESS: I'd very much like to answer that¶
15 question, as I'd like to answer some of the others,¶
16 that question in particular, it's been clear that¶
17 your rum, your partner who's been suspended after¶
18 filing such a claim of sexual abuse, Mr.¶
19 partner who's in jail for probably the rest of his¶
20 life, probably the rest of his life for filing just¶
21 those 'types of claims, sexual abuse claims, and¶
22 sexual claims of claims of a sexual nature¶
23 against people, me and others, to steal money, just¶
24 -- it's about money from people in South Florida,¶
25 so I'd like to answer those questions today.¶
1 2 However, my attorneys have counseled me that I may not. And if I choose to do so, contrary to their¶
3 advice, I risk losing their representation and¶
4 waiving those rights.¶
5 BY MR. HOROWITZ:¶
6 Q Okay. With respect to Jane Doe 5 and the¶
7 questions that you have asserted your Fifth Amendment¶
8 privilege, have you been asserting your Fifth Amendmen¶
9 privilege to protect your innocence, or to conceal your¶
10 guilt?¶
11 MR. PIKE: Form.¶
12 THE WITNESS: That's a question obviously¶
13 designed to try to embarrass me. It what Pd¶
14 like to answer that question. However, my counsel¶
15 16 has advised me that since your firm, your partner¶
17 who was suspended • behavior since he filed this claim, Mr. ' partner who sits in¶
18 jail, the Supreme Court has said that people can¶
19 claim the Fifth Amendment, and should claim the¶
20 Fifth Amendment who are innocent. I respectfully¶
21 decline to answer, based on my counsel's advice,¶
22 because they've told me if I choose to answer, I¶
23 may waive those rights, but I'd like to answer.¶
24 BY MR. HOROWITZ:¶
25 Q Sir, is there any reason you can think of as to¶
1 why the jury should not infer from your testimony today¶
2 3 that you did, in fact, sexually abuse Jane Doe 5 when she was a child?¶
4 MR. PIKE: Form.¶
5 THE WITNESS: t believe the • will be able¶
6 to see what your firm, Mr. ' firm, and what¶
7 the newspapers have referred to as part of the¶
8 largest fraud in South Florida's history by¶
9 crafting cases of a sexual nature against people¶
10 like me and others, simply to get money. His¶
11 partner sits in jail. Your partner has been¶
12 suspended. I'd rather -- the jury will make its¶
13 own decision.¶
14 BY MR. HOROWITZ:¶
15 Q Great. The next individual I'd like to talk to¶
16 you about is Jane Doe 6, and if you either write that¶
17 down, or get that name in your head so that you remember¶
18 it when I ask you some questions about her, I would¶
19 appreciate it, okay --¶
20 THE WITNESS: Mr. Pike --¶
21 BY MR. HOROWITZ:¶
22 Q — Jane Doe 6, okay?¶
23 MR. PIKE: Proceed.¶
24 BY MR. HOROWITZ:¶
25 Q All right. You don't deny that Jane Doe 6 came¶
Page 197¶
2 (Pages 194 to 197)¶
1 to your home in Palm Beach County in August 2004, do 2 you?¶
3 MR. PIKE: Form.¶
4 THE WITNESS: I would very much like to answer¶
5 every claim made by your client, Jane Doe 6.¶
6 However, today, my attorneys have advised that 1¶
7 may not. I must assert my rights under the Sixth,¶
8 Fourteenth and Fifth Amendment.¶
9 BY MR. HOROWITZ:¶
10 Q Now, Jane Doe 6 was only 13 years old when she¶
11 came to your home; is that right?¶
12 MR. PIKE: Form.¶
13 THE WITNESS: Again, it would — I would prefer¶
14 to answer every single one of your client's -- Jane¶
15 Doe 6's claims regarding this case, your claim¶
16 against me. However, my attorneys have advised me¶
17 1 may not do so today. I must assert my rights¶
18 under the Fourteenth, Fifth, and Sixth Amendment.¶
19 Though I would like to answer each one of your¶
20 questions, Mr. Horowitz, today, I must respectfully¶
21 decline to do so.¶
22 BY MR. HOROWITZ:¶
23 Q Mr. Epstein, you paid for a taxi to bring¶
24 13-year-old Jane Doe 6 to your home in 2004; isn't that¶
25 right?¶
1 MR. PIKE: Form.¶
2 THE WITNESS: I'm sure, Mr. Horowitz, you're¶
3 aware that I'd like to answer these questions with¶
4 specificity. I'm sure you're aware. that I would¶
5 like to answer each one of these sexually charged¶
6 questions, questions similar to the ones you've¶
7 asked before. I have to respond in a similar way,¶
8 which unfortunately, my counsel has advised me I¶
9 must take their advice, which is to claim the¶
10 Sixth, Fifth and Fourteenth Amendment Rights,¶
11 because by not doing so, I may waive those rights,¶
12 or risk losing their representation.¶
13 BY MR. HOROWITZ:¶
14 Q In 2004 did you receive a phone call from a¶
15 girl named E.W. in which she told she was bringing Jane¶
16 Doe 6 to your home fora massage?¶
17 MR. PIKE: Form.¶
18 THE WITNESS: E.W.? I believe E.W. is¶
19 represented by the man silo to you,¶
20 MEM., though Mr. ' partner, the one¶
21 who's in jail for bringing cases of a sexual¶
22 nature, sexually charged nature against people like¶
23 me and others, so, though I'd like to answer all¶
24 your questions regarding E.W., and like Miss Jane¶
25 Doe 6 and her and their claims, my attorneys¶
1 today have told me I may not, and must assert my 2 rights, or waive — potentially waive than, or risk¶
3 losing their representation —¶
4 BY MR. HOROWITZ:¶
5 Q Okay.¶
6 A -- so, unfortunately, I must respectfully¶
7 decline to answer that question.¶
8 Q Did you instruct S.K. to communicate by¶
9 telephone with E.W. For the purpose of arranging for¶
10 underage girls to come to your home to give you a¶
11 massage?¶
12 MR. PIKE: Form.¶
13 THE WITNESS: I'd like to answer each one of¶
14 your claims here [liraspecificity. E.W.¶
15 represented by Mr. sitting next to you,¶
16 represented by the man who's currently sitting in¶
17 jail for the perpetrating of the largest fraud in¶
18 Florida's history, for creating fictitious,¶
19 malicious cases of a sexual nature against wealthy¶
20 people in order to steal money, steal money. The¶
21 U.S. Attorney called E.W.'s attorneys a criminal¶
22 enterprise. So, though I'd like to answer that¶
23 question, as all your other questions here today,¶
24 my attorneys have instructed me I may not do so.¶
25 BY MR. HOROWITZ:¶
1 Q Mr. Epstein, you paid E.W. to bring underage¶
2 girls to your home so you could engage in sexual¶
3 activity with these girls; isn't that right?¶
4 MR. PIKE: Form.¶
5 TFIE.rESS: Again, E.W. represented by¶
6 Mr. ' firm, and former -- her former¶
7 attorney, Mr. Scott Rothstein, sits in a county¶
8 jail probably for the rest — well, at least a¶
9 federal jail for the rest of his life for¶
10 fabricating cases of a sexual nature against¶
11 wealthy people in South Florida in order to steal¶
12 money from unsuspecting investors. It would give¶
13 me pleasure to be answer -- to be able to answer¶
14 your questions today with specificity. However, my¶
15 attorneys have counseled me that at least today, I¶
16 may not do so -- excuse me -- without waiving my¶
17 rights and risking their representation -- risk¶
18 losing their representation.¶
19 BY MR. HOROWITZ:¶
20 Q Mr. Epstein, in 2004 did you instruct S.K. to¶
21 make contact with E.W. by telephone so that arrangement:¶
22 could be made for Jane Doe 6 to come to your home for¶
23 your sexual gratification?¶
24 MR. PIKE: Form.¶
25 THE WITNESS: Okay. 1 would like to answer the¶
1 claims of Jane Doe 6. 1 would ve mu like to 2 answer the claims of your -- Mr ' F.W. It 3 would be nicer if Mr. -- or I would appreciate it 4 -- unfortunately -- but partner who 5 represented E.W. along with him is in jail for 6 misrepresenting -- or the U.S. Attorney has called 7 his firm a criminal enterprise, the one 8 representing -- previously representing E.W. You 9 represent Jane Doe 6. I'd like to answer her 10 claims, but today my attorneys have counseled me 11 that I must respectfully decline and assert my 12 rights under the Fourteenth, Sixth and Fifth 13 Amendment. 14 BY MR. HOROWITZ: 15 Q Did you inform S.K. that the massage that Jane 16 Doc 6 was to give you would be sexual in nature? 17 MR. PIKE: Form. 18 THE WITNESS: Unfortunately, I am going to have 19 to respond to that question the way I've responded 20 to most of your questions and claims here today 21 regarding Jane Doc 6 and some of your other clients 22 that you filed suits for, post filing the suit your 23 partner was suspenclec.ithe Florida Bar, post 24 filing the suit Mr. ' partner finds himself 25 in jail.¶
Page 203¶
1 So, though I'd very much like to answer those 2 questions, my attorneys have counseled me today 3 that I cannot answer, at least today, any questions 4 relevant to these lawsuits. And if I decide or 5 choose to answer the questions, I risk losing their 6 representation and waiving those rights. Excuse 7 me, Adam, five? 8 THE WITNESS: Yeah, if you need it. 9 THE VIDEOGRAPIIER: Time off the record 3:02. 10 (Thereupon, a short break was taken.) 11 BY MR. HOROWITZ: 12 Q Did you -- 13 THE VIDEOURAPHER: Time on the record 3:12. 14 BY MR. HOROWITZ: 15 Q Mr. Epstein, we're still talking about Jane Doc 16 6, okay? 17 A Yes. 18 Q Mr. Epstein, did you observe S.K. speaking with 19 E.W. by telephone and making arrangements for Jane Doe 20 to come to your home to give you a massage? 21 A I'd like to answer that question. I'd like to 22 answer all your questions here today. I believe Miss 23 E.W. is represented by Mr.a, who's partner is in 24 jail for his wrongdoing, for creating cases of sexually 25 charged natures. You're asking me a question of Jane¶
1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Doe 6's claim, which I would like to answer, but today, under advice of counsel, they have instructed me that may not, and I should claim my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Right. BY MR. HOROWITZ: Q Did you confirm with S.K. that she did, in fact, speak with E.W. by telephone to confirm a specific time that Jane Doe 6 would be at your house? MR. PIKE: Form. THE WITNESS: I'd like to answer each and every one of your questions, Mr. Horowitz, regarding the claims of these -- of Jane Doe 6 and E.W. However, today, on advice of counsel, I am going to have to simply claim the Fifth, Sixth and Fourteenth Amendment Right. BY MR. HOROWITZ: Q Was it your intent during the course of lane Doe 6's visit to your home that you would persuade, induce or entice her to engage in sexual activity? A I'd like to answer every question you've asked me here today, every single question, especially with respect to Jane Doe 6's claims. However, my attorneys have instructed me that I must assert my rights under the Sixth, Fourteenth and Fifth Amendment. Though thes< claims of a sexual nature are not that surprising since¶
Page 205¶
1 and -- who he represents E.W., who's partnei 2 sits in jail for perpetrating what the U.S. Attorney 3 called the largest fraud in South Florida's history, 4 stealing millions of dollars from unsuspecting local 5 investors. I'd very much like to answer each and every 6 one of your questions, but my attorney has told me that 7 if I choose to do so, I risk waiving my rights and risk 8 losing their representation. 9 MR. PIKE: I -- 10 THE WITNESS: Sony. 11 MR. PIKE: -- object to form to that question. 12 BY MR. HOROWITZ: 13 Q During the course of Jane Doe 6's visit to your 14 home, did you succeed in persuading, inducing or 15 enticing her to engage in sexual activity with you? 16 MR. PIKE: Form. 17 THE WITNESS: I would very much like to answer 18 every single question and claim of Jane Doe 6. 19 However, today, my attorneys have advised me that I 20 may not. I must assert my rights under the Sixth, 21 Fourteenth and Fifth Amendment. Now, I prefer to 22 answer. They've told me that if choose to do so, I 23 risk losing their representation and waiving those 24 rights. 25 BY MR. HOROWITZ:¶
4 (Pages 202 to 205)¶
1 Q All right. Did S.K. tell you that she spoke to
2 anyone on the phone who arranged for Jane Doe 6 to come
3 to your house?
4 MR. PIKE: Form.
5 THE WITNESS: Again? I'm sorry, Mr. Horowitz.
6 BY MR. HOROWITZ:
7 Q Did S.K. tell you she spoke to anyone on the
8 phone -- on the phone to make arrangements for Jane Doe
9 6 to come to your home?
10 MR. PIKE: Same objection.
11 THE WITNESS: I'd very much like to answer
12 every question regarding these claims here today.
13 However, my attorneys have advised me that at least
14 today, I must assert my rights under the
15 Fourteenth, Sixth and Fifth Amendment. And though
16 I prefer to answer the question, if I choose to do
17 so, I risk losing those rights and their
18 representation.
19 BY MR. HOROWITZ:
20 Q Okay. You asked Jane Doe 6 how old she was
21 when she came to your home; is that right?
22 MR. PIKE: Form.
23 THE WITNESS: Again, like the other questions
24 you've asked me regarding your claims of Jane Doe
25 6, I'd like to answer each one. However, today, my¶
1 attorneys have advised me that I may not. I must
2 assert my rights under the Sixth, Fourteenth and
3 Fifth Amendment. Though I prefer to answer that
4 question, I prefer to answer that question directly
5 to the -- your partner that brought this claim, but
6 I guess he's been suspended or disbarred by the
7 Florida Bar, or I'd like to answer it to
8 Mr. [REDACTED]' partner who sits in a jail for
9 crafting, fabricating malicious claims simply to
10 get money. I'd very -- as you probably recognize,
11 I'd like to answer those questions today, but I --
12 under the instructions of counsel, I must
13 respectfully decline.
14 BY MR. HOROWITZ:
15 Q Sir, there was never a point in time when Jane
16 Doe 6 told you that she was 18 years old or older; isn't
17 that right?
18 MR. PIKE: Form.
19 THE WITNESS: Like all your other questions
20 regarding Jane Doe 6 and her claims, I'd very much
21 like to answer each and every one. However, today,
22 my counsel has advised me that I may not, and must
23 assert my rights under the Fourteenth, Fifth and
24 Sixth Amendment. And if I choose to answer, I risk
25 losing their counsel and waiving those rights.¶
1 BY MR. HOROWITZ:
2 Q Sir, when Jane Doe 6 came to your home in 2004
3 when she was 13 years old, you didn't, in your own mind,
4 believe her to be 18 years old or older, did you?
5 MR. PIKE: Form.
6 THE WITNESS: Repeat the question, please?
7 BY MR. HOROWITZ:
8 Q Sure. When you looked at Jane Doe 6 at age 13
9 and she was in your home, you didn't believe her to be
10 18 years old or older, did you?
11 THE WITNESS: I'd like to answer each one of
12 your --
13 MR. PIKE: Same objection.
14 THE WITNESS: -- excuse me. I'd like to answer
15 each one of your claims today. However, my
16 attorneys have counseled me that I may not. They
17 have instructed me to assert my rights under the
18 Fourteenth, Sixth and Fifth Amendment.
19 Though I'd like to answer each one of those
20 questions, I'd like to answer that question
21 directly to your partner, Jeffrey Herman, that in
22 fact brought this claim, but he has been suspended
23 by the Florida Bar, or the claims directly to
24 Mr. [REDACTED]' partner who sits in jail for
25 fabricating cases of a sexual nature against¶
1 wealthy people in South Florida.
2 I'd very much like to answer, but according to
3 my counsel I may not answer those, or I may waive
4 my rights or risk losing their representation.
5 BY MR. HOROWITZ:
6 Q During the course of Jane Doe 6's visit to your
7 home in 2004, were you nude in her presence?
8 MR. PIKE: Form.
9 THE WITNESS: I'd very much would like to
10 answer each and every question regarding Jane Doe
11 6's claims. However, my attorneys have told me
12 today that I may not. I must assert my rights
13 under the Fourteenth, Sixth and Fifth Amendment.
14 Though I prefer to answer, I'm told that if I
15 choose to do so, I risk losing their representation
16 and waiving those rights.
17 BY MR. HOROWITZ:
18 Q During the course of Jane Doe 6's visit to your
19 home in 2004, did you instruct Jane Doe 6 to remove her
20 clothing?
21 MR. PIKE: Form.
22 THE WITNESS: I'd like to answer each and every
23 one of your questions here today and the claims of
24 Jane Doe 6. However, my attorneys have advised me,
25 at least today, that I must assert my rights under¶
- the Fourteenth, Sixth and Fifteenth -- and Fifth 2 Amendments of the U.S. Constitution. Though I 3 prefer to answer, they've instructed me that if I 4 choose to do so, I risk waiving those rights and 5 losing their representation. 6 BY MR. HOROWITZ: 7 Q During the course of Jane Doe 6's visit to your 8 home in 2004, did you instruct Jane Doe 6 to pinch your 9 nipples and rub your chest? 10 MR. PIKE: Form. 11 THE WITNESS: As I've answered most of your 12 other questions here today, Mr. Horowitz, it would 13 give me great pleasure to be able to answer these 14 claims of Jane Doe 6. However, my attorneys have 15 instructed me that I may not, and that I must 16 assert my rights under the Fourteenth, Sixth and 17 Fifth Amendment because they told me that if I do 18 so, I risk losing their representation and waiving 19 those rights. 20 BY MR. HOROWITZ: 23. Q During the course of Jane Doe 6's visit to your 22 home in 2004, did you ask Jane Doe 6 about her sexual 23 experience and preferences? 24 MR. PIKE: Form. 25 THE WITNESS: It would give me great pleasure
Page 211¶
1 to answer each one of your questions and Jane Doe 2 6's claims. However, my attorneys have instructed 3 me today that I may not, and that I must assert my 4 rights under the Sixth -- excuse me --Fifth and 5 Fourteenth Amendment. Though I would prefer to 6 choose to answer those questions, my attorneys have 7 advised me that if I do so, I risk losing their 8 representation and waiving those rights. 9 BY MR. HOROWITZ: 10 Q In 2004 did you touch Jane Doe 6's breasts? 11 MR. PIKE: Form. 12 THE WITNESS: Like many of your other questions 13 here today, there be -- I'd very much prefer to 14 answer that question, as your other questions with 15 specificity. However, my counsel has advised me 16 that I may not. I must assert my rights under the 17 Fourteenth, Sixth and Fifth amendment. So though I 18 choose -- would choose to answer that, my attorneys 19 told me that if I do, I risk losing their 20 representation and potentially waiving those 21 rights. 22 BY MR. HOROWITZ: 23 Q Did you touch Jane Doe 6's breasts even after 24 she made attempts to walk away from you during her visit 25 in 2004?¶
1 MR. PIKE: Form. 2 THE WITNESS: I'd very much like to answer each 3 and every one of Jane Doe 6's claims. However, my 4 attorneys today have instructed me that I may not 5 answer today, and that I must assert my rights 6 under the Sixth, Fourteenth and Fifth Amendment. 7 Though I'd like to answer the question, they've 8 instructed me that if I do, I risk losing their 9 representation and waiving those rights. 10 BY MR. HOROWITZ: 11 Q In 2004 did you rub Jane Doe 6's vagina? 12 MR. PIKE: Form. 13 THE WITNESS: That question, like most of your 14 other questions here today, I would prefer to 15 answer. I'd like to answer. I'd like to answer 16 directly to your partner who is no longer here 17 because he's been suspended after he filed this 18 claim, suspended by the Florida Bar for filing -- 19 not for filing, but after he filed the claim. I 20 prefer to answer directly to Mr. partner 21 who sits in jail for the rest of hisiirCirthe 22 rest of his life, for filing and misleading -- 23 filing malicious claims, make -- fabricating claims 24 against people like me and others in South Florida, 25 stealing money -- millions of dollars from¶
Page 213¶
1 investors. So I would like to answer each one of 2 your questions with specificity. However, my 3 attorneys have advised me today that I may not. 4 BY MR. HOROWITZ: 5 Q In 2004 -- in 2004 did you masturbate by 6 stroking your penis in front of Jane Doe 6? 7 MR. PIKE: Form. 8 THE WITNESS: I'd like to answer each one of 9 your questions regarding Jane Doe 6's claims. 10 However, my attorneys have advised me that today I 11 may not. And though your partner has bent 12 suspended after he filed this claim, Mr. 13 partner sits in jail, my attorneys have advised me 14 still that I must assert my rights under the 15 Fourteenth, Sixth and Fifth Amendment. And if I 16 choose to answer, which is my preference, that I 17 risk losing their representation and/or waiving 18 those rights. 19 BY MR. HOROWITZ: 20 Q In 2004 did you ejaculate after stroking the 21 shaft of your penis in front of Jane Doe 6? 22 MR. PIKE: Form. 23 THE WITNESS: I'd like to answer each one of 24 Jane Doe 6's claims, and all the questions -- each 25 and every question You've asked me here today. I'd¶
6 (Pages 210 to 213)¶
1 like to answer it directly to your partner. 2 However, he's been suspended by the Florida Bar 3 after he filed this claim. I'd like to answer it 4 directly to Mr..Mpartna who sits in jail for fabricating cases of a sexual nature against 6 wealthy people in South Florida, in jail 7 potentially for the rest of his lift. So though 8 I'd like to answer those questions, my attorneys 9 have counseled that I may not. I must assert those 10 rights or risk losing their representation and/or 11 waiving those rights. 12 BY MR. HOROWITZ: 13 Q In 2004 did you walk across the room naked and 14 enter a shower in front of Jane Doe 6? 15 MR. PIKE: Form. 16 THE WITNESS: Again, as I've answered most ofl 17 your questions here today, it would give me great 18 pleasure, in fact, to answer the claims of Jane Doc 6. However, my attorneys have advised mc that I 20 may not, and must assert my rights under the Sixth, 21 Fourteenth and Fifth Amendment. Though I prefer t 22 answer those questions, my attorneys have told me 23 that if I choose to do so, I risk losing their 24 representation. And I would prefer to tell your 25 partner directly who filed this claim, who's 1O¶
Page 215 1 subsequently sus c .N1 by I the Florida Bar. I would 2 prefer to tell Mr. ' partners, but he's in 3 jail with now -- I guess most of his other -- many 4 of his other partners are on their way for filing 5 malicious claims. So though I'd like to answer 6 that question, Mr. Horowit2, here today, I must 7 respectfully decline to do so. 8 BY MR. HOROWITZ: 9 Q Did you have sexual contact with Jane Doe 6 at 10 your Palm Beach home in 2004? 11 MR. PIKE: Form. 12 THE WITNESS: I would like to answer each and 13 every claim of Jane Doe 6 and all your other 14 clients. It would be -- give me pleasure to be 15 able to answer those questions directly to your 16 partner, but he's been suspended after he filed 17 these claims. I must assert those rights, even 18 though I would prefer to answer the question, or 19 risk losing the representation of my counsel and 20 inadvertently waiving those rights. 21 BY MR. HOROWITZ: 22 Q Did you pay $200 to Jane Doe6 after having had 23 sexual activity with her? 24 MR. PIKE: Form. 25 TILE WITNESS: I'd like to answer that question, 2¶
1 as well as every other question you've asked mc 2 here today, but I'm going to have to respond in a 3 similar manner to the other questions, which is 4 though I'd like to answer the question, my counsel 5 here has advised me that I may not, and must assert 6 the rights under the Sixth, Fourteenth and Fifth 7 Amendment; otherwise, risk losing their 8 representation and/or waiving those rights. 9 BY MR. HOROWITZ: 10 Q Did you ever ask Jane Doe 6 for permission to 11 touch her breasts? 12 MR. PIKE: Form. 13 THE WITNESS: These claims of lane Doe 6 woulc 14 give me great pleasure to answer, especially with is specificity with Jane Doc 6, your client. It's 16 unfortunate that your partner couldn't be here to 17 hear some of these responses since he's been 18 disbarred -- no, not disbarred -- you've corrected 19 me -- he's only been suspended by the Florida Bar 20 for im riot after he filed this case. 21 Mr. partner sits in jail. Though I'd 22 like to answer -- as you might imagine, I'd like to 23 answer these questions. My counsel has advised me 24 that if I do so, I risk losing his representation. 25 BY MR. HOROWITZ:¶
Page 217 1 Q Isn't it true, sir, that Jane Doc 6 indicated 2 to you that she did not want you to touch her body? 3 MR. PIKE: Form. 4 THE WITNESS: It would give me great pleasure 5 to answer each question and claim of Jane Doc 6 and 6 your client. However -- excuse me -- however, my 7 counselors advised me today that I may not, and 8 must assert my rights under Sixth, Fourteenth and 9 Fifth Amendment. 10 BY MR. HOROWITZ: 11 Q Isn't it true, sir, that you touched Jane Doe 12 6's breasts after she indicated to you that you did not 13 -- that she not want you to touch her? 14 MR. PIKE: Form. 15 MR. HOROWITZ: I am going to clean up that 16 question. I probably didn't ask it right. 17 BY MR. HOROWITZ: 18 Q Isn't it true, sir, that you touched Jane Doe 19 6's breast after she indicated she did not want you to 20 touch her? 21 MR. PIKE: Form. 22 THE WITNESS: I'd like to answer that question, 23 like every other question you've asked me here 24 today, mostly every question. It's unfortunate I 5 can't make that answer directly to your partner who¶
was suspended by the Florida Bar, or Mr. partner who sits in jail. But though I'd like to answer those questions, my counsel has advised me I must assert my rights under the Sixth, Fourteenth and Fifth amendment. So though I'd like to answer; it would be my preference to answer. He's told me that if I do so, I risk losing his representation and/or waiving those rights.¶
BY MR. HOROWITZ: Q Mr. Epstein, did you try to persuade 13-year-old Jane Doe 6 that it was okay for you to touch her breast and masturbate by stroking your penis in front of her?¶
MR. PIKE: Form. THE WITNESS: Mr. Horowitz, it would give me great pleasure to answer every one of Jane Doc 6's claims, every one. However, my counsel has advised me I may not do so today, and that I must assert those rights. I would much prefer to answer it to your partner who filed this claim, Mr. Jeffrey Herman, but he's been suspended by the Florida Bar after he filed this claim for improper behavior, or Mr. partner who sits in jail after he filed their claims. So though I'd prefer -- I would like to answer, my counsel has advised me¶
that if I choose to do so, I risk losing his representation and/or waiving those rights. BY MR. HOROWITZ:¶
Q Okay. Sir, you don't deny that you sexually abused Jane Doe 6 when she was achild, do you?¶
MR. PIKE: Form. THE WITNESS: The question about sexually abusing, which was in fact one of the cases that Mr. Rothstein's — I mean, Scott Rothstein's — Mr. sits there — Mr. Rothstein sits in jail for his accusing people of sexual harassment, sexual abuse, and in order to steal money from local Florida investors. I'd like to answer every question about Jane Doe 6's claim of sexual abuse. however, my counsel today has informed me that I — I may not answer today. And though as you might guess, I'd like to answer those questions, he's informed me if I choose to do so, I risk losing his representation and/or waiving those rights.¶
BY MR. HOROWITZ: Q Sir, did you pay E.W. for bringing Jane Doe 6 to your home in 2004?¶
MR PIKE: Form. THE WITNESS: I -- if E.W. -- so I'm clear, I believe E.W. has filed aclaim as an admitted¶
prostitute, and an admitted prostitute of Mr. who sits there while his partner stays in jail -- yes, he finds it, I guess, very funny. Idon't find it that funny.¶
Well, I'd like to answer each one of the questions about Miss E.W. and Miss Jane Doc 6. However, my attorneys have told me today that I ma) not, and that I must assert my rights tinder the Sixth, Fourteenth and Fifth Amendment. So, though I'd like to answer all the questions regarding ways that these girls are trying to get money, be it from me, or from Mr. Rothstein's other victims, I must assert those rights, or, in fact, according to my counsel, lose -- risk losing his representation and waiving those rights.¶
MR. PIKE: All right. Now, that -- now, that Mr. Epstein is done answering that particular question and responding, do we -- do we need a break, because Pm -- Pm not comfortable with the way in which the laughing is going forward and things of that sort?¶
MR. Okay. Well, I — I found that answer pretty y, and I want to make sure that I understand the answer so that I know if I have to take any legal action whatsoever. What I¶
understand the answer to be was that Mr. Epstein is making the accusation now that E.W. is my¶
prostitute. That's — THE WITNESS: no, that's not correct. MR. -- that's what I heard, right? That's what every y in the room heard.¶
MS. EZELL: That's — that's — that's what I heard.¶
MR. PIKE: Okay. First of all -- MR- HOROWITZ: That's what I heard.¶
MR. a That is not true. MR. PIKE: — I'll tell you what, we're going¶
to take a break -- we're going to take abreak now. That is not the way that I interpreted the response. The response was that she made a- she's an admitted prostitute, and that she was a client of yours. If we're going to be playing games with semantics, then we will do that at another date by motion practice, but we're not going to — this is not the form in which to do this, laughing, playing games with words.¶
Everybody in this room knew exactly what the response was. And remember something, this is -- MR. : Right, it is -- MR liPIalnemher i snmethinri this is acase¶
1 and you represent someone, and as a result, no 2 matter which way you interpret some response, them 3 are various privileges that attach to litigation. 4 If you want to threaten legal action here in 5 this form, then you can go ahead and do so on 6 record. So is that what you were doing? 7 MR Well — MR. PIKE: Were you threatening -- were you 9 threateni — I want to be clear -- 10 MR : If - 11 MR. PIKE: -- in this deposition right now, 12 were -- 13 I'll be very clear. 14 MR. PIKE: -- were with threatening Mr. Epstein 15 with l l action? 16 MR. : If the accusation is that E.W. is 17 a prostitute of mine, then I want to know that that 18 is the — the allegation, and that is clearly his 19 position, so that if legal action is to be taken, 20 it can be, but I was giving him a chance to clarify 21 that or correct that, if that was not the correct 22 interpretation, but that's what everybody in the 23 room heard. That's what's going to be very clear 24 on the record. Ms. Ezell is nodding her head. 25 Everybody heard --¶
1 MR. PIKE: Listen -- 2 -- that statement or sentence. 3 MR. PIKE: this -- 4 MR. HOROWITZ: Can we -- can we move on? 5 MR. PIKE: No, we can't. Once again -- 6 MR. HOROWITZ: It's not your deposition. 7 THE REPORTER: Wait a second. 8 MR. PIKE: Once again, this is not — 9 MR. : Let's read it back. 10 MR. PIKE: No, we're not going to reread it. 11 We're not going to go back and reread it. 12 Mr. Epstein not only answered the question, but 13 then he also corrected you and said that was not 14 the appropriate response. 15 MR. HOROWITZ: Okay. 16 MR. PIKE: Now, if you would -- 17 MR. HOROWITZ: That's fine. 18 MR. PIKE: Now, if you would, you can rephrase 19 your response briefly to -- 20 THE WITNESS: Mr. represents an 21 admitted prostitute, E.W. These claims are made by 22 admitted prostitutes. They filed claims under a 23 section of the Florida's law of admitted 24 prostitutes. So the claims here that -- it was his 25 client as opposed to his prostitute, and I -- if I¶
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 — if I misspoke, I apologize. Your client is an admitted prostitute, and that's what I meant to say. MR. HOROWITZ: Okay. Move to strike. Okay. MR. PIKE: Wait, wait. Hold on one second. MR. HOROWITZ: —I know you want to take a break, but — MR. PIKE: No, l —1-- I don't want to take a -- you just moved to strike something that we just spent seven ' ' g back and forth with pursuant to Mrs' request. Do you want to withdraw that? MR. HOROWITZ: No. But if you want to — no. MR. PIKE: Okay. All right. Next question. BY MR. HOROWITZ: Q Mr. Epstein, we've been -- we've been talking about Jane Doe 6 a bit, and you've mentioned names like Jeffrey Herman and Scott Rothstein. Are you suggesting that in any way her allegations of sexual abuse were fabricated or embellished by virtue of her attorney or -- or somehow through Mr. Rothstein's dealings? MR. PIKE: Form. THE WITNESS: It's been validly reported that Mr. Rothstein crafted, fabricated malicious¶
1 lawsuits of a sexual nature in order to steal 2 millions of dollars from local Florida investors. 3 With respect to any question with -- that may be 4 relevant to this lawsuit. However, my attorneys have advised me today that I must respond by taking 6 the Sixth, Fourteenth and Fifth Amendment 7 Though I choose to -- I would prefer to answer 8 the questions, Mr. Horowitz, that you've asked me 9 regarding your claims — your client's claims, my 10 attorneys have told me that if I choose to do so, I 11 risk losing their representation and waiving those 12 rights. 13 BY MR. HOROWITZ: 14 Q All right. Are -- I want to be clear about 15 this one. Are you — 16 A Okay. 17 Q suggesting that Miss Jane Doe 6 in any way 18 fabricated or embellished her claim afler retaining an 19 attorney? 20 MR. PIKE: Form, asked and answered. 21 THE WITNESS: The partner of— your partner 22 has been suspended from the practice of— Florida 23 Bar praisit he filed Jane Doe 6's claim. 24 Mr. ' partner, Scott Rothstein, sits in 25 jail probably for the rest of his life for¶
fabricating malicious claims of asexual nature against wealthy people in South Florida. I'd like to answer your questions with more specificity. However, my attorneys have counseled me that I may not today; I must assert my rights under the Fourteenth, Sixth, Fifth Amendment. And I -- though I choose -- prefer to answer those questions, Mr. Horowitz, my attomey said that if I choose to do so, I risk losing their representation and waiving those rights.¶
BY MR. HOROWITZ: Q Given that you have asserted your Fifth Amendment privilege, is there any reason ajury should not infer from your testimony that you did in fact sexually abuse Jane Doe 6 when she was just a 13-year-old girl?¶
MR. PIKE: Form. THE WITNESS: The Fifth Amendment, of my understanding, is to he used as well to protect innocent people from claims, from malicious claims, from malicious false claims, including those made by Mr. partner, Scott Rothstein, who sits in jail at the moment probably for the rest of his life for crafting these malicious false claims. The U.S Attorney called his firm one of the largest¶
criminal enterprises in South Florida's history. I will be -- my -- I would prefer to answer your questions with specificity, but my counsel today has told me that I may not, and I must -- excuse me -- assert my rights under the Sixth, Fourteenth and Fifth Amendment. Though I prefer to answer those questions, he's advised me that if I choose to do so, I risk losing those rights and losing his representation.¶
BY MR. HOROWITZ: Q In this case are you asserting the Fifth¶
Amendment in order to protect your innocence or to conceal your guilt?¶
MR. PIKE: I am going to instruct him not to answer that question. It's attorney-client work product.¶
BY MR. HOROWITZ: Q Isn't it true, sir, that you're asserting the¶
Fifth Amendment privilege here to conceal your own wrongdoing?¶
MR PUCE: Same objection.¶
THE WITNESS: May I answer? MR. PIKE: This one, yeah.¶
THE WITNESS: I think -- I -- Mr. Horowitz, to assume simply that I'm asserting my Fifth Amendment¶
privilege as anything but the rights of an American, to assert rights under the Constitution, I find disturbing. 1 fend it disturbing that your partner who's been suspended, the claims of your clients, Mr. client - whose partner and his law firm -- his partner in jail and his law firm that's been called by the U.S. Attorney as the largest criminal enterprise, or the largest fraud in South Florida's history. I —1 find it disturbing that you'd question the reasons I would assert my Constitutional rights.¶
BY MR. HOROWITZ: Q Okay. And you're — but you're — you're refusing to tell us why you're asserting the Fifth Amendment; is that right?¶
A I've answered your question. MR. PIKE: It's attorney-client work product. MR. HOROWITZ: How much time left on the tape THE VIDEOGRAPHER: Nine minutes on this tape MR. HOROWITZ: Nine minutes. Do you want to change tapes? MR. PIKE: Yes. MR. HOROWITZ: Let's change tapes because -- THE VIDEOGRAPHER: Time off the record 3:41. MR. HOROWITZ: Great.¶
(Thereupon, a short break was taken.) THE VIDEOGRAPHER: Time on the record 3:47. This is Tape 5.¶
BY MR. HOROWITZ: Q Mr. Epstein, my next series of questions involves a-- one of our clients by the name of Jane Doe 7. You may know her as Jane Doe 7 as well. So if you can either write that name down or keep it in your mind so we're on the same page as to who -- who we're talking about, I would appreciate it, okay?¶
- A (Witness complying). Q Isn't it true that agirl named Jane Doe 7 came to your home on multiple occasions between 2003 and of 2005?
MR. PIKE: Form. THE WITNESS: I'd like to answcr your -- those questions excuse me -- Mr. Horowitz, but today my attorney has counseled me that I must assert my Sixth Amendment, Fourteenth Amendment and Fifth Amendment Right.¶
BY MR. HOROWITZ: Q Prior to may of 2005 did you receive aphone call from agirl named H.R. advising you that she was bringing Jane Doe 7 to your home to give you a massage? MR. PIKE: Form.¶