Court Records
ase 9:08-cv-80380-KAM Document 157-2 Entered on FLSD Docket 05/06/2010 Paryst.tp115 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 08-CV-80119-MARRAAIIIIIII JANE DOE NO. 2, Plaintiff, -vs- JEFFREY EPSTEIN, Defendant. VOLUME I OF III Related cases: 08-80232, 08-08380, 08-80381, 08-80994, 08-80993, 08-80811, 08-80893, 09-80469, 09-80591, 09-80656, 09-80802, 09-81092 VIDEO-CONFERENCED AND VIDEOTAPED DEPOSITION OF JANE DOE NO. 4 Tuesday, October 27, 2009 11:11 - 6:05 p.m. 250 Australian Avenue South Suite 115 West Palm Beach, Florida 33401 Reported B : Cynthia , RPR, FPR Notary Public, State of Florida Prose Court Reporting Page 1 EXHIBIT B ) 832-7500 PROSE COURT REPORTING AGENCY, INC. ([Phone Redacted] EFTA02741415 Case 9:08-cv-80380-KAM Document 157-2 Entered on FLSD Docket 05/06/2010 Page 2 of 5 Page 98 1 Q. — this number of times. All you're doing 2 is you're guessing now about how often you think you 3 went- 4 MR. HOROWITZ: Object — 5 BY MR. LUTITER: 6 Q. — isn't that right? 7 MR. HOROWITZ: Object to the form. 8 BY MR. LUTTIER: 9 Q Correct? 10 A. No, I am not guessing. 11 Q. Well, you don't even know when Mr. Epstein 12 was in town, do you? 13 MR. HOROWITZ: Object to the fonn. 14 THE WITNESS: When he was in town he would 15 call me. 16 BY MR. LUTTLER: 17 Q. Tell me in the year 2004 when he was in 18 town. 19 A. Tell — how, like, what do you mean? 20 Q. Was he there in January of 2004? 21 A. I am sure. 22 Q. How do you know that? 23 A. Because I went there. I'm sure. I 24 don't - 25 Q. You don't !mow if you went there in 1 January of '04, do you? 2 A. (No verbal response.) 3 Q. You don't know, do you? 4 A. !know I went — 5 Q. You don't know if you went there 6 A. — approximate dates, no, I don't know. 7 MR. HOROWITZ: Hold on. Now you're 8 interrupting her. 9 BY MR. HOROWITZ: 10 Q. Okay. You don't know if you went to see 11 him — 12 A I don't know approximate dates, Pm sorry. 13 Q. Was he there in Jan — in February of 14 2004? 15 A. I don't know. 16 Q. Was he there in March of 2004? 17 A. No, I don't know. 18 Q. Was he there in April of 2004? 19 A. I don't know. 20 Q. Was he there in May of 2004? 21 A. I don't know. 22 Q. Was he there in June of 2004? 23 A. I don't know. 2 4 Q. Was he there in July of 2004? 25 A. I don't know. ([Phone Redacted] 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 Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Q. A. Page 100 Was he there in August of 2004? I don't know. Was he there in September of 2004? I don't know. Was he there in October of 2004? I don't know. Was he there in November of 2004? I don't know. Was he there in December of 2004? I don't know. Was he there in January of 2005? I don't know. Was he there in February of 2005? I don't know. Was he there in March of 2005? I don't know. Was he there in April of 2005? I don't know. Was he there in May of 2005? I don't know. Q. The fact of the matter is you don't know when Mr. Epstein was in town, do you? MR. HOROWITZ: Object to the form. THE WITNESS: I don't have exact dates, no. Page 101 1 BY MR. LUTITER: 2 Q. Did you ever personally call Mr. Epstein 3 on the phone? 4 A. I know I think I have his personal number. 5 I had Sarah's personal number I think. 6 Q. Wasn't my question. 7 MR. HOROWITZ: You keep doing it. You 8 keep interrupting. 9 BY MR. LUTHER: 10 Q. Did you ever personally call Mr. Epstein 11 on the phone? When I say call, talk to him 12 personally on the phone. 13 A. Talk to him on the phone? Yes. 14 Q. When? 15 A. When I found out that the cops were 16 investigating girls. 17 Q. And when was that? 18 A. Probably like, probably sometime, June or 19 August -- September, October. 20 Q. Of '05? 21 A. Yeah. No. Yeah. Wait- 22 Q. And how did you find out — 23 A. -- it's '05, '06, I think. Wait, yeah. 24 Q. And how did you find out the cops were 25 investigating? 26 (Pages 98 to 101) PROSE COURT REPORTING AGENCY, INC. ([Phone Redacted] EFTA02741416 Case 9:08-cv-80380-KAM Document 157-2 Entered on FLSD Docket 05/06/2010 Page 3 of 5 Page 118 1 with the FBI. Did you have another meeting with the 2 FBI? 3 A. No, not that I remember, no. 4 Q. Did you talk to anybody from the United 5 States Attorneys office? 6 MR HOROWITZ: Form. 7 THE WITNESS: What do you mean, the United 8 States Attorneys? 9 BY MR. LUTTIER: 10 Q. A lawyer representing the government. 11 A. Like for the FBI? Like a lawyer for the 12 FBI? 13 Q. It could be anybody. The U.S. Attorney's 14 office is just an office of government lawyers that 15 represent the government. It could represent an 16 agency or anything else. This Maria Villafana is, I 17 believe, the person that was heading it up, but 18 there might have been somebody else from that 19 agency. 20 A. I think I might have called somebody to 21 talk to them because I didn't — I was confused. I 22 didn't know anything that was going on. But I don't 23 think, I don't like -- I don't know who what her 24 name was. I don't know — 25 Q. Did anyone from any of those agencies, the Page 119 1 FBI or anybody else that you talked to, explain to 2 you anything about what was going on? 3 A. No. 4 Q. You didn't have any idea why they were 5 talking to you or what was going on? 6 A. No. They, they said that I can tell them 7 what happened. 8 Q. Did you say you called Jeff Epstein to let 9 him know that the — that somebody was — 10 A. Yeah. 11 Q. -- asking questions? And did you call him 12 before or after the Palm Beach Police came? 13 A. Before the Palm Beach Police came and 14 talked tome. 15 Q. And, and what did you tell him? 16 A. I told him, I said girls are being -- 17 police are going to the girls that have been going 18 to the house, just to let him aware of what was 19 going on. I don't remember the exact conversation. 20 I just remember letting him know, like, did you know 21 that there was cops interviewing girls that have 22 been going to the house. 23 Q. And, and that conversation happens 24 sometime after the Palm Beach Police meet you? 25 A. No, that was before. (561) 832—.7500 Page 120 1 Q. Or right before that? 2 A. It was before. 3 Q. But while you were at 4 A. It was while I was at . It was before 5 the cops came because I didn't know -- I heard about 6 them going to all these girls and I was at school. 7 I didn't know what was going on. 8 Q. Other than that conversation with 9 Mr. Epstein, have you ever had any other phone 10 conversation directly with Mr. Epstein? 11 A. After that? 12 Q. At any time, right up until today. 13 A. No, I dirt he rented me a vehicle. 14 Q. No. I am going to have to ask about phone 15 conversations. 16 A. Yeah, I think so. About the vehicle that 17 he rented me. 18 Q. You had a conversation with Mr. Epstein 19 directly? 20 A. Sarah or Mr. Epstein, it was one of them. 21 Q. So you're not sure? 22 A. No, I'm not sure. 23 Q. But you are sure you had one conversation 24 with Mr. Epstein sometime while you were a freshman 25 at IN University about the police asking Page 121 1 questions? 2 A. Yeah, because I talked to him before I got 3 interviewed. 4 Q. Okay. Other than the possibility of -- 5 A.., and then, I think I talked to him 6 again after I got interviewed by the cops bermse he 7 had me meet with one of his lawyers to go over the 8 questions that the cops had asked me, and — 9 Q. Okay. Do you know whether it was a lawyer 10 that you met with? 11 A. Yeah, it was, I, I have his business — I 12 don't have it on me right now, but it was one of 13 his — some older guy, like I could like show you a 14 — show me a picture and I could point him out. 15 Q. Did you tell that person the truth? 16 A. I told him everything that I — he asked 17 me everything that I had gone -- that the cops had 18 asked me and all my questions to what the cops — 19 all my answers to what the cops had asked me, like 20 they wanted to know everything that the cops were 21 asking me and what my answers were to them, just 22 about what the cops were asking me. 23 Q. Okay. So, did you tell him the truth? 24 A. Yeah, I told him — well, it was, I think 25 the day after or two days or a week after I had 31 (Pages 118 to 121) PROSE COURT REPORTING AGENCY, INC. ([Phone Redacted] EFTA02741417 Case 9:08-cv-80380-KAM Document 157-2 Entered on FLSD Docket 05/06/2010 Page 4 of 5 Page 122 1 talked to the cops, I talked to him. So it was 2 fresh in my memory, so I told him everything that I 3 had told the cops. 4 Q. Asa matter of fact, at the time that 5 the — well, strike that. 6 Was Mr. Epstein good to you? 7 MR. HOROWITZ: Object to the form. 8 BY MR. LUITIER: 9 Q. Was Mr. Epstein good to you? 10 A. Yeah. 11 Q. Okay. I mean, didn't he -- did he give 12 you some gifts? 13 A. Yeah. 14 Q. What kind of gifts did he give you? 15 A. Well, he rented me a car. 16 Q. Okay. 17 A. Rented me a car and bought me lingerie 18 from Victoria Secret, bought me a vibrator. What 19 else? Like, gave me like a brush. It was a 20 vibrating brush. I mean, it was pretty much it. 21 Offered me to go like out of the, offered me to 22 travel. 23 Q. Did you ever travel with Mr. Epstein? 24 A. I was not old enough to travel. 25 Q. Did you ever see Mr. Epstein — when I say Page 123 1 "see" I mean have one of these massages that you 2 gave Mr. Epstein — any place other than his house 3 in Palm Beach? 4 A. No. 5 Q. All right. Other than the phone 6 conversation you had with Mr. Epstein after -- or 7 when the police were about to interview you, and a 8 conversation you may have had about renting a car, 9 have you ever had any other direct phone 10 conversation with Mr. Epstein? 11 A. Can you ask that question one more time? 12 Q. Other than the phone conversation you had 13 with Mr. Epstein wherein you told him that the 14 police were asking questions, and the possibility 15 that you may have spoken with either him or Sarah 16 about renting a car, have you had any other phone 17 conversation with Mr. Epstein directly? 18 A. No, no. 19 Q. Have you -- and you say you've never 20 performed a massage on Mr. Epstein or any other act 21 physically with him other than at his house in Palm 22 Beach? 23 A. Yeah, just at the house in Palm Beach. 24 Q. Okay. And by the way, are you a person 25 that's, are you proficient with computers? ([Phone Redacted] Page 124 1 A. Am I good with computers? 2 Q. Yeah. Do you use the computer? 3 A. Yeah, I use the computer. 4 Q. Do you have any social web site that you 5 have for yourself? 6 A. Yeah, Facebook. 7 Q. Okay. Do you have anything besides 8 Facebook? 9 A. My e-mail account, Yahoo. 10 Q. And what's y ur Facehnnk address? 11 A. Jane Doe No. 12 Q. And on your Facebook, is it still up 13 today? 14 A. Uh-huh. 15 Q. Have you deleted anything from your 16 Facebook about discussions concerning Mr. Epstein? 17 A. I don't even know if I ever — I don't 18 think I've ever put any discussions up that's 19 regarding Mr. Epstein. 20 Q. Have you ever communicated with 21 Mr. Epstein via the computer? 22 A. No. 23 Q. That would be e-mail, or -- 24 A. Yeah, no. 25 Q. — however else they do it these days. Page 125 1 Texting, do you ever text Mr. Epstein? 2 A. (Witness shakes head.) 3 MR. HOROWITZ: You have to answer — 4 THE WITNESS: No. 5 MR. HOROWITZ: instead of shaking your 6 head, no. 7 THE WITNESS: I said, no. 8 BY MR. LUTTIER: 9 Q. Have you in the last, since 2004, have you 10 gone to the City of Chicago, Illinois? 11 A. Yeah. 12 Q. When did you go to Chicago? 13 A. My junior, junior year. 14 Q. Junior year of what? 15 A. My summer, junior going into my senior 16 year, that summer. 17 Q. Of what, of University? 18 A. Yeah. 19 Q. So junior - 20 A. Of '0 -- what is it, '0 — sorry, I can't 21 give you an accurate date. Summer, '06, '08, '09, 22 so, yeah, '08. 23 Q. If '05 was your freshman year. 24 A. Yeah, so it was my junior year. 25 Q. And '06 would have been your sophomore - 32 (Pages 122 to 125) PROSE COURT REPORTING AGENCY, INC. ([Phone Redacted] EFTA02741418 Case 9:08-cv-80380-KAM Document 157-2 Entered on FLSD Docket 05/06/2010 Page 5 of 5 Page 6 Page 8 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 agree with it, and we'll proceed. MIL LUTTIER: Ready? THE COURT REPORTER: Yes. MR LUITIER: Please state your name.., you have to swear her in. Thereupon, (JANE DOE NO. 4) Having been first duly sworn or affirmed, was examined and testified as follows: THE WITNESS: Yes. DIRECT EXAMINATION BY MR. LUTHER: Q. What is your name, =? A. Jane Doe No. 4. Q. And how do you spell your middle name? A. (Witness spells middle name.) Q. And your last name is — (Mr. Luther spelled the witness's last name.) A. Yes. Q. Okay. Jane Doe No. 4, when were you born? A. June 6, 1987. MR WILLITS: I can barely hear the witness. Can we get it a little closer to her? MR HOROWITZ: Yes. Page 7 1 BY MR. LUTHER 2 Q. Have you ever been known by any other 3 name? 4 A. No. 5 Q. Have you ever been deposed before? 6 A. Deposed? 7 Q. That is have your deposition taken as 8 we're doing today. 9 A. No. 10 Q. Have you ever given anybody any kind of 11 statement under oath before? 12 A. The police reports, you mean? 13 Q. Could be, yeah. 14 A. Yeah. 15 Q. All right. Do you know what the 16 significance of an oath is? 17 A. Yeah, where you tell the truth. 18 Q. Okay. You understand you are under oath 19 today? 20 A. Yes. 21 Q. Do you know what the significance of 22 violating an oath is? 23 A. (Witness shakes head.) 24 Q. Like, if you don't tell the truth when 25 you're under oath,Llo you know — 1 A. Yeah, you're in trouble. 2 Q. Okay. You know that's against the law to 3 do that? 4 A. Yeah. 5 Q. All right. And you know there are 6 criminal sanctions associated with — 7 A. Yes. 8 Q. - lying under oath? And have you been, 9 have you been taught at any time in your lifetime 10 the importance of telling the truth? 11 A. Yeah. 12 Q. And when do you recall first being taught 13 the importance of telling the truth? 14 A. Ever since I was a little girl, my parents 15 taught me. 16 Q. Okay. And have -- to the best of your 17 knowledge have you always told the truth when you 18 are under oath? 19 A. Yeah. Well, when I was - well, certain 20 times, yeah, when I was scared, I didn't know what 21 to do. I mean, yeah, I mean like under an 22 interview, like what are you trying to — 23 Q. Have you always told the truth when you've 24 been under oath? That's my question to you. 25 A. Like as if today? Page 9 1 Q. As of from the day you were born until 2 today as you sit here now. 3 A. Yeah. 4 Q. What was your answer? 5 A. Yeah. 6 Q. All right. So at any point in time that 7 you ever told anybody — 8 A. Under oath, is that like when police ask 9 you a question; is that being under oath? 10 Q. I mean when somebody — 11 A. Because I don't think I've -- I don't 12 think I've ever been under oath like — besides like 13 this moment. 14 Q. I think when somebody asks you and tells 15 you that, you are giving a sworn statement. 16 A. I guess like if I were -- 17 MR. HOROWITZ: Are you testifying? Let me 18 object to the form. 19 MR. LIFTIER: My question stands. 20 MR. HOROWITZ: Object to the form. 21 THE WITNESS: Like, if you write a, like, 22 pre-statement or something like that? 23 BY MR. LUTTIER: 24 Q. No. If someone says to you, or asks you, 25 is everything that you say true and correct. AC ••••••.t ..7.101.• 4, P., ([Phone Redacted] PROSE COURT REPORTING AGENCY, INC. 3 (Pages 6 to 9) ([Phone Redacted] EFTA02741419